HomeMy Public PortalAbout21-9865 Agreement with BEA Architects for the Restoration of the Historic Fire Station and Former Human Resource BuildingSponsored by: City Manager
RESOLUTION NO. 21-9865
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH BEA ARCHITECTS,
INC. FOR CONTINUING PROFESSIONAL ARCHITECTURAL
AND ENGINEERING CONSULTING SERVICES FOR THE
RESTORATION DESIGN OF THE HISTORIC FIRE STATION
AND FORMER HUMAN RESOURCES BUILDING WITHIN THE
CITY; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Historic Fire Station and the former Human Resources
Building, adjacent to the Historic City Hall Building on Sharazad Boulevard, have
been abandoned for years. The City desires to restore these facilities and give them
a constructive use that will serve to benefit the community and improves the image
of the City while enhancing the City's historic Moorish architecture; 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; and
WHEREAS, more specifically, the City Commission approved entering an
agreement with BEA Architects, Inc. for architectural services; and
WHEREAS, Staff is seeking approval from the City Commission to authorize
the City Manager to accept the proposal of BEA Architects, Inc., attached hereto as
Exhibit "A", and to enter into an agreement to start the restoration design portion
of the project, attached hereto as Exhibit "B"; and
WHEREAS, this project will include: the Assessment of the Existing
Conditions, Preparation of Construction Documents, Engineering and Architectural
Assistance to the Bid Administration, and Construction Administration; and
WHEREAS, the project calls for a cost of $104,418 of services plus another
$6,000 of reimbursable expenses and allowances, for a total of $110,418.
Additionally, it is recommended that an additional $11,042 of contingency (10%) be
authorized outside of the award of the contract to cover smaller change orders
which may arise, for a total approval of $121,460.00. At the completion of the
contract any Contingency not required will be released for use for other projects;
and
WHEREAS, Staff recommends the City Commission approve the BEA Architects,
Inc. proposal ($110,418) to determine the existing condition of these buildings and
develop the design and construction plans to restore these buildings with the goal of
enhancing the City's image. Additionally staff recommends approval of an additional
Contingency ($11,042 (10%)) for possible change orders, for a total approval of $121,460;
and
WHEREAS, the City desires to enter into an agreement with BEA Architects, Inc.,
pursuant to the proposal attached hereto as Exhibit "A", for the Restoration Design of
the Historic Fire Station and the Human Resource Facilities within the City, in an amount
not exceed One -Hundred, Twenty -One Thousand, Four Hundred Sixty Dollars
($121,460.00). The project will be completed in seven phases and this resolution will
initiate Phase I; 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 BEA Architects, Inc., attached hereto as
Exhibit "B", 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 BEA Architects, Inc., attached hereto as Exhibit "B", for
the Restoration Design of the Historic Fire Station and the Human Resource Facilities
within the City, pursuant to the proposal attached hereto as Exhibit "A", in an amount
no to exceed One -Hundred, Twenty -One Thousand, Four Hundred Sixty Dollars
($121,460.00).
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 26th day of May, 2021.
Matthew A. Pigatt, Mayor
AT ST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIE
ee , t 9. �c-
Burnadette Norris- eeks, P.A.
City Attorney
Moved by: Commissioner Burke
Seconded by: Vice Mayor Williams
VOTE: 5-0
Commissioner Burke Yes
Commissioner Davis Yes
Commissioner Taylor Yes
Vice -Mayor Williams Yes
Mayor Pigatt Yes
City of Opa-locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Director
Signature:
City
Manager:
John E. Pate
CM Signature:
Commission
Meeting
Date:
05/26/2021
item Type:
(EnterX in box)
Resolution
rdi nce
Other
X
Fiscal
Impact:
(Enterxin box)
Yes
No
Ordinance Reading:
(EnterX in box)
st Reading
2nd Reading
X
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
X
X
Funding
Source:
Accotnt# :
(Enter Fund & Dept.)
Ex:
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O.
Required:
(Enter X in box)
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 Image
Communication
Area:
NI
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
EN
•
�
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
Restoration Design for the Historic Fire Station and Former Human Resources Building
Staff Summary:
The Historic Fire Station and the former Human Resources Building, adjacent to the Historic City Hall Building
on Sharazad Boulevard, have been abandoned for years. The City wants to restore these facilities and give
them a better use that benefits the community and improves the image of City, enhancing its historic Moorish
architecture.
Therefore, Staff is seeking approval from the City Commission to authorize the City Manager to accept the
Proposal of BEA Architects, one of the Consultants selected and approved by the City Commission through
Resolution 20-9767 to be part of the City's Library of Licensed Architects and Engineers, and to enter into an
agreement to start the restoration design portion of the project.
This project will include: the Assessment of the Existing Conditions, Preparation of Construction Documents,
Engineering and Architectural Assistance to the Bid Administration, and Construction Administration.
Financial Impact
This is an unbudgeted project which will be funded by Contingency as part of Budget Amendment # 3. The
contract indicates $104,418 of services plus another $6,000 of reimbursable expenses and allowances, for a
total of $110,418. Additionally it is recommended that an additional $11,042 of contingency (10%) be
authorized outside of the award of the contract to cover smaller change orders which may arise. At the
completion of the contract any Contingency not required will be released for use for other projects.
Proposed Action:
Staff recommends the City Commission approve the BEA Architects, Inc. proposal ($110,418) to determine
the existing condition of these buildings and develop the design and construction plans to restore these
buildings with the goal of enhancing the City's image. Additionally staff recommends approval of an additional
Contingency ($11,042 - 10%) for possible change orders, for a total approval of $121,460.
Attachment:
1. Agenda
2. Proposal provided by BEA Architects.
3. RFQ Specific Project Contract with BEA Architects.
4. E -Verify Form
April 15', 2021
Carlos Gonzalez
CIP Project Manager
City of Opa-locka
780 Fisherman Street
Opa-locka, FL 33054
Re: Opa-locka City Hall, Historic Fire Station and HR Building Restoration
MIL
architects
BEA Architects is pleased to submit the following proposal for Architectural and Engineering Services to prepare
Permit & Bid Documents for restoration of the Historic Fire Station and HR buildings, adjacent to Opa-locka City
Hall, located at Sharazad Blvd.
DESCRIPTION OF SCOPE OF ITEMS:
A. Assessment of Existing Conditions: Perform architectural, structural, landscape and MEP analysis of
existing building conditions. Acquire as -built set of drawings from building department. Procure
boundary survey, asbestos assessment, lead based paint, and other historical maintenance and
condition reports.
B. Prepare Construction Documents: Prepare permit package including architectural, civil, structural,
landscape, and FP, MEP, PA system, low voltage engineering documents for both buildings. Fire Station
shall be renovated for use as a Historical Firefighter's Museum, including building envelope repairs and
restoration, utility and service installations, and interior layout and design, ready for occupancy upon
completion. Extent of restoration for HR building, for use of adjacent park, shall include restoration of
interior partitions in good conditions, roof replacement and building system upgrade, for immediate
use and occupancy upon completion. Coordination with all agencies having jurisdiction including FPL,
and coordination with City of Opa-locka. Prepare Probable Construction Cost Opinion. One Value
Engineering Review & Document Revision.
C. Assist in Bid Administration: Prepare big package including architectural, civil, structural, and electrical
MEP engineering documents, assist with preparing bid requirements, respond to bidders RFI and issue
addendums as needed during bid phase. Coordinate with City of Opa-locka to establish minimum criteria
from bidders.
D. Construction Administration: Perform construction administration services, ensuring contractor will
conform to design intents, meet owner expectations, and adhere to city and jurisdictional requirements.
PHASES / SCHEDULE:
1. Phase I (Condition Assessment): Prepare property conditions assessments. Procure site surveys showing
above ground and below ground conditions. Study existing architectural, structural, and MEP conditions,
site utilities, supporting infrastructure. Submit Property Conditions Report (limited to project scope
area) identifying immediate vs long-term needs of the project.
2. Phase II (Due Diligence, Programming & Planning Package): Review site and building documentation
provided by Owner or Building Department. Site visits to collect project data. Prepare Owner project
program and refine for City approval. Identify Historic City Landmark requirements. Identify zoning
requirements for building modifications, parking, and occupancies of proposed building use. Identify
code and sustainability requirements, including utility connections. Study of original building conditions
to establish design intent. Prepare As -Built drawings based on collected data.
BEA architects 3075 nw south river drive, miami fl 33142 I www.beai.com
te l : 305.461.2053 ext100 1 fax: 305.634.0599 1 AA 26001612
3. Phase III (Schematic Design Package -30%): Prepare schematic drawings for above
scope items for Owner and stakeholders approval prior to starting Construction
Documents packages. Establish structural and MEP requirements. Meet with Owner
for review and approval.
so
architects
4. Phase IV (Design Development Package — 70%): Develop final option to prepare technical permit and
bid packages. Perform Life -Safety Analysis. Create outline for Project Specifications. Meet with Owner
for review and approval. Provide Probable Construction Cost Estimate for Owner Review.
5. Phase V (Construction Documents): Upon Notice to Proceed, prepare 90% construction documents for
review. Coordination with all agencies having jurisdiction. Develop Project Specifications. Meet with
owner for review and approval.
6. Phase VI (Construction Documents): Prepare 100% percent constriction documents for permitting and
final bid including Bid assistance and addendum preparations. Collaboration with Owner. Coordination
with all agencies having jurisdiction. Respond to building department comments.
7. Phase VII (Construction Administration & Close-out):
■ Attend pre -bid meeting
■ Attend pre -construction meeting
■ Attend Bi-weekly Construction Site Meetings
■ Review and respond to Contractor's RFIs
■ Perform Punch List Review
■ Provide Architect's certification of Substantial Completion
■ Perform Final Completion review; issue Final Completion Certificate
■ Prepare record documentation based on Contractor's mark-ups
• Review Pay Requests
■ Review Change Orders
■ Assumed Period of Construction: 24 weeks
Estimated Design/Production time period*:
■ PHASEI-
• PHASE 11 -
■ PHASE III -
■ PHASE IV -
■ PHASE V -
■ PHASE VI-
■ PHASE VII -
2 weeks
4 weeks
4 weeks
4 weeks
2 weeks
2 weeks from approval of 90% CDs.
24 weeks (Approximately)
*Time periods do not include City/Stakeholder review time for each submittal
BEA architects 1 3075 nw south river drive, miami fl 33142 1 www.beai.com
t e l : 305.461.2053 ext100 1 fax: 305.634.0599 1 AA 26001612
PROFESSIONAL FEES:
• PHASE I — Cond. Assess. $ 8,766
• PHASE II - Programming $ 9,024
• PHASE III — 30& SD $ 12,948
• PHASE IV — 70% DD $ 14,604
• PHASE V - 90% CD: $ 14,160
• PHASE VI - 100% CD: $ 7,884
• PHASE VII - Const. Admin. $ 37,032
NOTE: See attached Exhibit A for detailed fees calculation.
architects
CONSULTANT SCOPE OF WORK:
1. Landscape Architects, Laura Llerena & Associates (7%): Beautification of entrance including vehicular
and pedestrian approach. Hardscape design at entrances.
2. Civil & Survey, Biscayne Engineering (7%): Upgrade of water, sewer, and electrical services as needed.
Check drainage and flooding conditions of site.
3. MEP, Gartek Engineering Corporation (8%): Establish existing systems. Provide design and calculation
for existing systems & upgrade to operational state.
4. Structural, PMM Consulting Engineers (8%): Existing structural assessment and reinforcing, as needed.
Provide design and calculation for existing systems.
NOTE: All consultants to include code compliance and coordination with local ordinances and agencies
having jurisdiction.
REIMBURSABLE EXPENSES & ALLOWANCES:
1. Direct expense
2. Topographical Survey
3. One Town Hall Meeting & Presentation
4. One Zoning Hearing
5. Renderings, Models, Mock-ups, Professional Photography, Presentation Materials, etc.
$ 500
$ 3000
$ 500
$ 1,500
$ 500
NOTE: Additional reimbursable expenses other than those stated above are subject to prior written notice
of approval by the City.
EXCLUSIONS:
1. Zoning submittals or interface
2. Permit fees, permit submittal or expediting of permit
3. Geotechnical report
4. Off -site utilities or Off -site utility upgrades
5. Phasing plans or MOT (by Contractor)
6. LEED, FGBC, or other Sustainable Building Certifications
7. FFE Design
8. Special Lighting Design
NOTE: Above fees are LUMP SUM fees to be invoiced monthly or at a rate commensurate with completion of
scope of work items.
BEA architects 1 3075 nw south river drive, miami fl 33142 1 www.beai.com
t e l: 305.461.2053 e x t 1 0 0 fax: 305.634.0599 1 AA 2 6 0 0 1 6 1 2
Please indicate your acceptance by signing/dating below and remitting by email.
We appreciate the opportunity to continue building our relationship and look forward to
collaborating with City of Opa-locka in realizing this next project. Feel free to contact me at
your convenience if you have any comments of questions.
Sincerely,
Adrian Price, RA NCARB
Vice -President
BEA architects, Inc.
City of Opa-locka
Accepted by:
Print Name:
Airia Austin
Title: PW / CIP Director
architects
Date:
4/16/2021
BEA architects 1 3075 nw south river drive, miami fl 33142 1 www.beai.corn
t e l : 305.461.2053 extl00 1 fax: 305.634.0599 1 AA 26001612
EXHIBIT A
City of Opa-Locka- Old City Hall Annex Buildings
Date: 4(612021
Architectural & Engineering Scope:
IMAN.
architects
Refer to written proposal revised 4/06/2021
Phase 1
Condition Assessment
(see written proposal for task description
Total Hours
Phase 2
Due Diligence & Programming 8 Planning
1 see written proposal for lask description
Total Hours
Phase 3
Schematic Design Package
1 see written proposal for task description
Total Hours
Phase 4
Design Development Package
'see written proposal for lack description
Total Hours
Phase 5
90% Construction Documents
'see written proposal for task description
Total Hours
Phase 6
100% Construction Documents
lsee written proposal for task description
Total Hours
Phase 7
Construction Administration
1 see written proposal for task description
Total Hours
Sr. Proj Mgr
SrArchitecl
Land. Arch
Civil Eng
MEP Eng
Slruct. Eng.
CADD
ADM
$ 240
5 222
$ 186
$ 186
$ 186
$ 186
$ 117
$ 78
2
8
2
4
8
8
18
4
2
8
2
4
8
8
18
4
S 480
$ 1,776
$ 372
$ 744
$ 1,488
$ 1,488
$ 2,106
$ 312
Total Phase 1
$8,7661
Sr. Proj Mgr
SrArchitecl
Land. Arch
Civil Eng
MEP Eng
Slruct. Eng.
CADD
ADM
$ 240
5 222
$ 186
S 186
$ 186
$ 186
5 117
$ 78
2
10
2
2
2
2
40
2
2
10
2
2
2
2
40
2
$ 480
$ 2.220
$ 372
S 372
$ 372
$ 372
$ 4,680
$ 156
Total Phase 11
69,024
Sr. Proj Mgr
Sr.Architect
Land. Arch
Civil Eng
MEP Eng
Sirucl. Eng.
CADD
ADM
$ 240
S 222
$ 186
5 186
$ 186
$ 186
S 117
$ 78
6
20
2
2
4
4
40
2
6
20
2
2
4
4
40
2
$ 1,440
S 4,440
$ 372
5 372
$ 744
$ 744
5 4,680
$ 156
Total Phase 111
$12,948
Sr. Proj Mgr
SrArchitecl
Land. Arch
Civil Eng
MEP Eng
Sirucl. Eng.
CADD
ADM
$ 240
5 222
$ 186
$ 186
$ 186
$ 186
S 117
5 78
6
10
8
8
8
8
40
4
8
10
8
8
8
8
40
4
S 1.440
$ 2,220
5 1,488
S 1,488
$ 1,488
$ 1,488
S 4,680
$ 312
Total Phase IV
$14,604
Sr. Proj Mgr
SrArchitect
Land. Arch
Civil Eng
MEP Eng
Slruct. Eng.
CADD
ADM
S 240
S 222
$ 186
S 186
$ 186
$ 186
$ 117
$ 78
6
8
8
8
8
8
40
4
6
8
8
8
8
8
40
4
5 1,440
$ 1,776
$ 1,488
$ 1,488
$ 1,488
$ 1,488
$ 4,680
$ 312
Total Phase V
$14,160
Sr. Proj Mgr
SrArchitect
Land. Arch
Civil Eng
MEP Eng
Sirucl. Eng.
CADD
ADM
S 240
$ 222
S 186
S 186
$ 186
$ 186
$ 117
5 78
2
8
4
4
4
4
20
4
2
8
4
4
4
4
20
4
$ 480
$ 1,776
5 744
5 744
$ 744
$ 744
S 2,340
$ 312
Total Phase VI
$7,884
Sr. Pro Mgr
Sr.Architect
Land. Arch
Civil Eng
MEP Eng
Scud. Eng.
CADD
ADM
S 240
$ 222
$ 186
$ 186
$ 186
$ 186
$ 117
$ 78
20
60
12
12
12
12
80
8
20
60
12
12
12
12
80
8
6 4.800
$ 13,320
$ 2,232
$ 2,232
$ 2.232
$ 2,232
$ 9,360
$ 624
Total Phase VII
'See reimbursable expenses & allowance in written proposal for additional Non- Basic A&E project cost.
537,0321
'Grand Total
$104,4181
Architectural & Engineering Cash Flow
$504.418.00
Task
Duration (Wks)
1.0
2.0
Condition Assessment
1
$8,766
DD, Programming & Planning
2
59,024
3.0
30% Schematic Design
2
612,948
4.0
60% Design Development
3
514,604
5.0
90% Construction Documents
3
_ _
614,160
6.0
100% Construction Documents
2
$7,884
7.0
Construction Administration
16
537,032
TOTAL
28
TOTAL
5104,418.00
PROJECT AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF
OPA-LOCKA AND
EAC Consulting, Inc
THIS PROJECT AGREEMENT (the "Agreement") is made and entered into th is
day of May, 2021 between the CITY OF OPA-LOCKA, FLORIDA, a Florida Municipal
Corporation with its principal offices located at 780 Fisherman Street, 4t" Floor. Opa-tocka FL.
33054 (the "City"), and BEA Architects, Inc (the "Consultant"), a Florida corporation authorized
to conduct business in the State of Florida, with principal offices located at 3075 NW South
River Drive. Miami, Florida 33142.
WITNESSED:
WHEREAS, on June 10, 2020, the City approved a pool of Qualified Firms to provide
Architectural and Engineering Consulting Services to the City on an as needed basis pursuant
to RFQ# 20-0324200 Library of Miscellaneous Professional Consultants; and
WHEREAS, the Consultant is a member of the pool under the subcategory of Civil
Engineering, Landscape Architectural, Structural Engineering and Traffic Engineering Services
and has executed a Continuing Services Agreement; and
WHEREAS, the Consultant has been selected by the City to provide Engineering
Consulting Design Services (known as the "Project", the "Services" or the "Scope of Services")
for the Restoration Design for the Historic Fire Station and the Human Resource Facilities.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein, and the mutual covenants, terms and conditions provided below, the Consultant and the
City agree as follows:
1. CONTRACT DOCUMENTS
The Contract Documents referred to in this Agreement shall be comprised of the
following:
1.1 This Agreement (the "Specific Projects" or "Project Agreement") between
the parties), including any General Terms and Conditions, Supplementary Conditions,
Statement of Work or any other provisions contained within this Agreement;
Page 1 of 8
Civil Engineering Services
1.2 A Scope of Services request completed by the Consultant and
accepted by the City, attached hereto as Exhibit "A"; and
1.3 Any and all applicable addenda, proposals executed and submitted
by the Consultant and accepted by the City, specifications and insurance
certificates; and
1.4 All amendments mutually agreed to after execution of this Agreement.
These Contract Documents comprise the entire agreement for the Services agreed
to herein between the parties, and incorporated into and made a part of this
Agreement as if attached to this Agreement or repeated herein. In the event of a
conflict between this Agreement and any other Contract Document(s), this
Agreement shall prevail.
2. THE WORK
Consultant shall furnish all labor, materials and equipment necessary to provide
professional Services as specified in the Scope of Services and accepted by the
City.
3. PERIOD OF SERVICE
The Consultant shall begin work promptly after receipt of a fully executed copy of
this Agreement and a letter of Notice to Proceed from the City and shall complete
the Project within the time mutually agreed upon, as specified in the Scope of
Services request accepted by the City.
4. COMPENSATION
Compensation (the "Contract Sum") for performing the Services related to the
Project shall be the fee of One Hundred Ten Thousand Four Hundred Eighteen
Dollars and 00/100 ($110,418.00) specified in the Scope of Services request
accepted by the City.
5. PAYMENTS
5.1 The City shall pay the Contract Sum to the Consultant subject to the
completion of tasks as specified in the Exhibit "A". The City shall pay the Consultant
for work performed subject to the specifications of the job and any additions and
deductions by subsequent change order provided in the Contract Documents -All
VII, Florida Statutcs. 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.
Page 2 of 8
Civil Engineering Services
5.2 The Consultant shall provide periodic invoices to the City upon
completion of a substantial amount of Services relating to the Scope of Services
contained within this Agreement. Payment shall be made to the Consultant upon
approval of submitted invoices to the City.
6. TERMINATION
This Agreement may be terminated by the City for convenience upon ninety (90)
calendar days' written notice to the Consultant. In the event of such termination, any
Services performed by the Consultant under the 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 for Services that have not been performed.
This Agreement may be terminated by either party for cause 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 deemed a termination for
convenience and the provisions in the paragraph above shall apply.
7. DEFAULT:
In the event of a default by Consultant, the default provisions contained in the
Continuing Services Agreement between the parties shall govern.
8. ANTI-LOBBYING/NO CONTINGENT FEE:
The provisions of Section 11 of the Continuing Services Agreement shall apply to this
Agreement.
9. WARRANTIES AND GUARANTEES:
9.1 The Consultant warrants that its Services are to be performed within the
limits prescribed by the City and with the usual thoroughness and competence of the
Consultant's architectural and/or engineering profession.
9.2 The Consultant shall be responsible for technically deficient designs,
reports or studies due to negligent acts, errors or omissions. The Consultant shall, upon
the request of the City, promptly correct or replace all deficient work due to negligent
acts, errors or omissions without cost to the City.
Page 3 of 8
Civil Engineering Services
10. BINDING EFFECT:
This Agreement shall bind and the benefits thereof shall inure to the respective parties
hereto, their legal representatives, executors, administrators, successors and assigns.
11. AMENDMENTS AND MODIFICATION:
No amendments and/or modifications of this Agreement shall be valid unless in
writing and signed by each of the parties to the Agreement.
12. MERGER: AMENDMENT:
This Agreement, including the referenced Contract Documents, and any
attachments, constitute the entire agreement between Consultant and City, and all
negotiations and oral understandings between the parties are merged herein. This
Agreement may be supplemented and/or amended only by a written document
executed by both Consultant and City.
13. NONASSIGNABILITY:
Consultant shall not assign, subcontract or transfer any rights or delegate any
duties arising under this Agreement without prior written consent of the City, which
consent may be withheld by the City in its sole discretion.
14. NOTICES:
Whenever either party desires to give notice to the other, it shall 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:
FOR CONSULTANT:
FOR CITY:
WITH COPY TO:
Civil Engineering Services
BEA Architects, Inc
3075 NW South River Dr.
Miami, FL 33142
City of Opa-Locka
John Pate, City Manager
780 Fisherman Street
Opa-Locka, FL 33054
Burnadette Norris -Weeks, P.A.
City Attorney
401 North Avenue of the Arts
(NW 7th Avenue)
Fort Lauderdale, FL 33311
Telephone: 954-768-9770
Facsimile: 954-768-9790
Page 4 of 8
15. SEVERABILITY; WAIVER:
Any provision in this Agreement that is prohibited or unenforceable under Florida or
federal law shall be ineffective to the extent of such prohibitions or unenforceability
without invalidating the remaining provisions hereof. Also, the non -enforcement of
any provision by either party to this Agreement shall not constitute a waiver of that
provision nor shall it affect the future enforceability of that provision or the remainder
of this Agreement.
16. Scrutinized Companies
16.1 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.
16.2 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.
16.3 The Contractor agrees to observe the above requirements for applicable
subcontracts entered into for the performance of work under this Agreement.
16.4 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.
17. OTHER PROVISIONS:
17.1 Titles and paragraph headings are for convenient reference and are not
a part of this Agreement.
17.2 In the event of conflict between the terms of this Agreement and any
terms or conditions contained in any attached or referenced Contract Documents, the
terms in this Agreement shall prevail.
17.3 No waiver or breach of any provision of this Agreement shall constitute
a waiver of any subsequent breach of the same or any other provision, and no waiver
shall be effective unless made in writing.
Page 5 of 8
Civil Engineering Services
17.4 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 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, for the duration of this Agreement and following completion of this
Agreement until the records are transferred to the City.
17.5 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. Upon completion of this Agreement or in the event
of termination by either party, any reports, photographs, surveys and other data and
documents and all 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 completion or termination of this
Agreement, Consultant shall destroy any and all 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.
17.6 Upon request by City's records custodian, provide City with a copy of
requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes, or as otherwise provided by law.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT (305) 953-2821, OR BY MAIL:
CITY OF OPA-LOCKA - CITY CLERK'S OFFICE, 780 FISHERMAN STREET,
4T" FLOOR. OPA-LOCKA FL 33054.
Civil Engineering Services
Page 6 of 8
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective duly authorized representatives the day and year written
below.
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
OpaALocka only: f
City Attorney
Burnadette Norris -Weeks, PA
CS9 FeVc"
WITNESS:
By:
John Pate
City Manager
Dated:
FOR CONSULTANT:
BEA Architects, Inc
By:
Authorized Representative
Print Name Print Name
Page 7 of 8
Civil Engineering Services
Date
Corporate Seal:
EXHIBIT "A"
BEA Architects, Inc Scope and Fee Proposal dated April 16, 2021 to provide engineering
services for the Restoration Design for the Historic Fire Station and the Former Human
Resource Facility. for the total amount of One Hundred Ten Thousand Four Hundred
Eighteen Dollars and 00/100 ($110,418.00).
Civil Engineering Services
Page 8 of 8
E -VERIFY FORM
Definitions:
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public
employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other
remuneration.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or
another subcontractor in exchange for salary, wages, or other remuneration.
Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required
registration with, and use of the E -verify system in order to verify the work authorization status of all newly
hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department
of Homeland Security's E -Verify System to verify the employment eligibility of:
a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within
Florida during the term of the contract; and
b) All persons (including sub-vendors/subconsultants/subcontractors) assigned by
Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The
Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of
Homeland Security's E -Verify System during the term of the contract is a condition of the
contract with the City of Opa-locka; and
Should vendor become successful Contractor awarded for the above -named project, by entering into this
Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of
the E -Verify System to verify the work authorization status of all newly hired employees, and requiring
all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with,
or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the
duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor
knowingly violates the statute, the subcontract must be terminated immediately. If this contract is
terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public
contract for a period of I year after the date of termination.
Company Name:
Authorized Signature:
Print Name:
Title:
Date;
April 15`h, 2021
Carlos Gonzalez
CIP Project Manager
City of Opa-locka
780 Fisherman Street
Opa-locka, FL 33054
Re: Opa-locka City Hall, Historic Fire Station and HR Building Restoration
architects
BEA Architects is pleased to submit the following proposal for Architectural and Engineering Services to prepare
Permit & Bid Documents for restoration of the Historic Fire Station and HR buildings, adjacent to Opa-locka City
Hall, located at Sharazad Blvd.
DESCRIPTION OF SCOPE OF ITEMS:
A. Assessment of Existing Conditions: Perform architectural, structural, landscape and MEP analysis of
existing building conditions. Acquire as -built set of drawings from building department. Procure
boundary survey, asbestos assessment, lead based paint, and other historical maintenance and
condition reports.
B. Prepare Construction Documents: Prepare permit package including architectural, civil, structural,
landscape, and FP, MEP, PA system, low voltage engineering documents for both buildings. Fire Station
shall be renovated for use as a Historical Firefighter's Museum, including building envelope repairs and
restoration, utility and service installations, and interior layout and design, ready for occupancy upon
completion. Extent of restoration for HR building, for use of adjacent park, shall include restoration of
interior partitions in good conditions, roof replacement and building system upgrade, for immediate
use and occupancy upon completion. Coordination with all agencies having jurisdiction including FPL,
and coordination with City of Opa-locka. Prepare Probable Construction Cost Opinion. One Value
Engineering Review & Document Revision.
C. Assist in Bid Administration: Prepare big package including architectural, civil, structural, and electrical
MEP engineering documents, assist with preparing bid requirements, respond to bidders RFI and issue
addendums as needed during bid phase. Coordinate with City of Opa-locka to establish minimum criteria
from bidders.
D. Construction Administration: Perform construction administration services, ensuring contractor will
conform to design intents, meet owner expectations, and adhere to city and jurisdictional requirements.
PHASES / SCHEDULE:
1. Phase I (Condition Assessment): Prepare property conditions assessments. Procure site surveys showing
above ground and below ground conditions. Study existing architectural, structural, and MEP conditions,
site utilities, supporting infrastructure. Submit Property Conditions Report (limited to project scope
area) identifying immediate vs long-term needs of the project.
2. Phase II (Due Diligence, Programming & Planning Package): Review site and building documentation
provided by Owner or Building Department. Site visits to collect project data. Prepare Owner project
program and refine for City approval. Identify Historic City Landmark requirements. Identify zoning
requirements for building modifications, parking, and occupancies of proposed building use. Identify
code and sustainability requirements, including utility connections. Study of original building conditions
to establish design intent. Prepare As -Built drawings based on collected data.
BEA architects I 3075 nw south river drive, miami fl 33142 I wvvw.beai.com
t e l: 305.461. 2 0 5 3 e x t 1 0 0 1 fax: 305.634.0599 1 AA 2 6 0 0 1 6 1 2
3. Phase III (Schematic Design Package -30%): Prepare schematic drawings for above
scope items for Owner and stakeholders approval prior to starting Construction
Documents packages. Establish structural and MEP requirements. Meet with Owner
for review and approval.
—AIL
architects
4. Phase IV (Design Development Package — 70%): Develop final option to prepare technical permit and
bid packages. Perform Life -Safety Analysis. Create outline for Project Specifications. Meet with Owner
for review and approval. Provide Probable Construction Cost Estimate for Owner Review.
5. Phase V (Construction Documents): Upon Notice to Proceed, prepare 90% construction documents for
review. Coordination with all agencies having jurisdiction. Develop Project Specifications. Meet with
owner for review and approval.
6. Phase VI (Construction Documents): Prepare 100% percent constriction documents for permitting and
final bid including Bid assistance and addendum preparations. Collaboration with Owner. Coordination
with all agencies having jurisdiction. Respond to building department comments.
7. Phase VII (Construction Administration & Close-out):
■ Attend pre -bid meeting
■ Attend pre -construction meeting
■ Attend Bi-weekly Construction Site Meetings
■ Review and respond to Contractor's RFIs
■ Perform Punch List Review
■ Provide Architect's certification of Substantial Completion
■ Perform Final Completion review; issue Final Completion Certificate
■ Prepare record documentation based on Contractor's mark-ups
■ Review Pay Requests
■ Review Change Orders
■ Assumed Period of Construction: 24 weeks
Estimated Design/Production time period*:
■ PHASE I -
■ PHASE II -
■ PHASE III -
■ PHASE IV -
■ PHASE V -
■ PHASE VI-
■ PHASE VII -
2 weeks
4 weeks
4 weeks
4 weeks
2 weeks
2 weeks from approval of 90% CDs.
24 weeks (Approximately)
*Time periods do not include City/Stakeholder review time for each submittal
BEA architects 1 3075 nw south river drive, miarni fl 33142 1 www.beai.com
t e l: 305 461.2053 e x t 1 0 0 1 fax : 3 0 5. 6 3 4. 0 5 9 9 AA 2 6 0 0 1 6 1 2
PROFESSIONAL FEES:
• PHASE I — Cond. Assess. $ 8,766
• PHASE II - Programming $ 9,024
• PHASE III — 30& SD $ 12,948
• PHASE IV — 70% DD $ 14,604
• PHASE V - 90% CD: $ 14,160
• PHASE VI - 100% CD: $ 7,884
• PHASE VII - Const. Admin. $ 37,032
NOTE: See attached Exhibit A for detailed fees calculation.
architects
CONSULTANT SCOPE OF WORK:
1. Landscape Architects, Laura Llerena & Associates (7%): Beautification of entrance including vehicular
and pedestrian approach. Hardscape design at entrances.
2. Civil & Survey, Biscayne Engineering (7%): Upgrade of water, sewer, and electrical services as needed.
Check drainage and flooding conditions of site.
3. MEP, Gartek Engineering Corporation (8%): Establish existing systems. Provide design and calculation
for existing systems & upgrade to operational state.
4. Structural, PMM Consulting Engineers (8%): Existing structural assessment and reinforcing, as needed.
Provide design and calculation for existing systems.
NOTE: All consultants to include code compliance and coordination with local ordinances and agencies
having jurisdiction.
REIMBURSABLE EXPENSES & ALLOWANCES:
1. Direct expense
2. Topographical Survey
3. One Town Hall Meeting & Presentation
4. One Zoning Hearing
5. Renderings, Models, Mock-ups, Professional Photography, Presentation Materials, etc.
$ 500
$ 3000
$ 500
$ 1,500
$ 500
NOTE: Additional reimbursable expenses other than those stated above are subject to prior written notice
of approval by the City.
EXCLUSIONS:
1. Zoning submittals or interface
2. Permit fees, permit submittal or expediting of permit
3. Geotechnical report
4. Off -site utilities or Off -site utility upgrades
5. Phasing plans or MOT (by Contractor)
6. LEED, FGBC, or other Sustainable Building Certifications
7. FFE Design
8. Special Lighting Design
NOTE: Above fees are LUMP SUM fees to be invoiced monthly or at a rate commensurate with completion of
scope of work items.
BEA architects I 3075 nw south river drive, rniami fl 33142 1 www.beai.com
t e l: 305 461.2053 e x t 1 0 0 fax : 3 0 5. 6 3 4. 0 5 9 9 AA 2 6 0 0 1 6 1 2
Please indicate your acceptance by signing/dating below and remitting by email.
We appreciate the opportunity to continue building our relationship and look forward to
collaborating with City of Opa-locka in realizing this next project. Feel free to contact me at
your convenience if you have any comments of questions.
Sincerely,
Adrian Price, RA NCARB
Vice -President
BEA architects, Inc.
City of Opa-Iocka
Accepted by:
Print Name:
Airia Austin
PW / CIP Director
Title:
111111.
architects
4/16/2021
Date:
BEA architects 1 3075 nw south river drive, miarni fl 33142 1 wvvw.beai.com
t e l: 3 0 5. 4 6 1. 2 0 5 3 e x t 1 0 0 1 fax: 305.634.0599 AA 2 6 0 0 1 6 1 2
EXHIBIT A
architects
City of Opa-Locka- Old City Hall Annex Buildings
Date: 41612021
Architectural & Engineering Scope:
Phase 1
Condition Assessment
Refer to written proposal revised 4/06/2021
see written proposal for task description
Total Hours
Phase 2
Due Diligence 8 Programming 8 Planning
see written proposal for task description
Total Hours
Sr. Proj Mgr
Sr.Architect
Land. Arch
Civil Eng
MEP Eng
Struct. Eng.
CADD
ADM
$ 240
$ 222
$ 186
$ 186
$ 186
$ 186
$ 117
$ 78
2
8
2
4
8
8
18
4
2
8
2
4
8
8
18
4
$ 480
$ 1,776
$ 372
$ 744
$ 1,488
$ 1,488
$ 2,106
$ 312
Phase 3
Schematic Design Package
see written proposal for task description
Total Hours
Phase 4
Design Development Package
Total Phase I
58,766
Sr. Proj Mgr
Sr.Architect
Land. Arch
Civil Eng
MEP Eng
Struct. Eng.
CADD
ADM
$ 240
$ 222
$ 186
$ 186
$ 186
$ 186
$ 117
$ 78
2
10
2
2
2
2
40
2
2
10
2
2
2
2
40
2
$ 480
$ 2,220
$ 372
$ 372
$ 372
$ 372
$ 4,680
$ 156
Total Phase II
$9,024
Sr. Proj Mgr
Sr.Architect
Land. Arch
Civil Enq
MEP Eng
Struct. Eng.
CADD
ADM
$ 240
$ 222
$ 186
$ 186
$ 186
$ 186
$ 117
$ 78
6
20
2
2
4
4
40
2
6
20
2
2
4
4
40
2
$ 1,440
$ 4,440
$ 372
$ 372
$ 744
$ 744
$ 4,680
$ 156
see written proposal for task description
Total Hours
Phase 5
90% Construction Documents
Total Phase III
$12,948
Sr. Proj Mgr
Sr.Architect
Land. Arch
Civil Eng
MEP Eng
Struct. Eng.
CADD
ADM
$ 240
$ 222
$ 186
$ 186
$ 186
$ 186
$ 117
$ 78
6
10
8
8
8
8
40
4
6
10
8
8
8
8
40
4
$ 1,440
$ 2,220
$ 1,488
$ 1,488
$ 1,488
$ 1,488
$ 4,680
$ 312
see written proposal for task description
Total Hours
Phase 6
100% Construction Documents
see written proposal for task descnption
Total Hours
Phase 7
Construction Administration
Total Phase IV
$14,604
Sr. Proj Mgr
Sr.Architect
Land. Arch
Civil Eng
MEP Eng
Struct. Eng.
CADD
ADM
$ 240
$ 222
$ 186
$ 186
$ 186
$ 186
$ 117
$ 78
6
8
8
8
8
8
40
4
6
8
8
8
8
8
40
4
$ 1,440
$ 1,776
$ 1,488
$ 1,488
$ 1,488
$ 1,488
$ 4,680
$ 312
Total Phase V
$14,160
Sr. Proj Mgr
Sr.Architect
Land. Arch
Civil Eng
MEP Eng
Struct. Eng.
CADD
ADM
$ 240
$ 222
$ 186
$ 186
$ 186
$ 186
$ 117
$ 78
2
8
4
4
4
4
20
4
2
8
4
4
4
4
20
4
$ 480
$ 1,776
$ 744
$ 744
$ 744
$ 744
$ 2,340
$ 312
see written proposal for task description
Total Hours
Total Phase VI
67,884
Sr. Proj Mgr
Sr.Architect
Land. Arch
Civil Eng
MEP Eng
Struct. Eng.
CADD
ADM
$ 240
$ 222
$ 186
$ 186
$ 186
$ 186
$ 117
$ 78
20
60
12
12
12
12
80
8
20
60
12
12
12
12
80
8
$ 4,800
$ 13,320
$ 2,232
$ 2,232
$ 2,232
$ 2,232
$ 9.360
$ 624
Total Phase VII
1 See reimbursable expenses & allowance in written proposal for additional Non- Basic A&E project cost.
937,032
Grand Total
$104,418
Architectural & Engineering Cash Flow
$104,418.00
Task
Duration (Wks)
1.0
2.0
Condition Assessment
?
88,766
DD, Programming & Planning
2
69,024
3.0
30% Schematic Design
2
912,948
4.0
60% Design Development
3
$14,604
5.0
90% Construction Documents
3
$14,160
6.0
100% Construction Documents
2
$7,884
7.0
Construction Administration
16
637,032
TOTAL
28
TOTAL
$104,418.00
PROJECT AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF
OPA-LOCKA AND
EAC Consulting, Inc
THIS PROJECT AGREEMENT (the "Agreement") is made and entered into this
day of May, 2021 between the CITY OF OPA-LOCKA, FLORIDA, a Florida Municipal
Corporation with its principal offices located at 780 Fisherman Street, 4th Floor. Opa-locka FL.
33054 (the "City"), and BEA Architects, Inc (the "Consultant"), a Florida corporation authorized
to conduct business in the State of Florida, with principal offices located at 3075 NW South
River Drive. Miami, Florida 33142.
WITNESSED:
WHEREAS, on June 10, 2020, the City approved a pool of Qualified Firms to provide
Architectural and Engineering Consulting Services to the City on an as needed basis pursuant
to RFQ# 20-0324200 Library of Miscellaneous Professional Consultants; and
WHEREAS, the Consultant is a member of the pool under the subcategory of Civil
Engineering, Landscape Architectural, Structural Engineering and Traffic Engineering Services
and has executed a Continuing Services Agreement; and
WHEREAS, the Consultant has been selected by the City to provide Engineering
Consulting Design Services (known as the "Project", the "Services" or the "Scope of Services")
for the Restoration Design for the Historic Fire Station and the Human Resource Facilities.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein, and the mutual covenants, terms and conditions provided below, the Consultant and the
City agree as follows:
1. CONTRACT DOCUMENTS
The Contract Documents referred to in this Agreement shall be comprised of the
following:
1.1 This Agreement (the "Specific Projects" or "Project Agreement") between
the parties), including any General Terms and Conditions, Supplementary Conditions,
Statement of Work or any other provisions contained within this Agreement;
Page 1 of 8
Civil Engineering Services
1.2 A Scope of Services request completed by the Consultant and
accepted by the City, attached hereto as Exhibit "A"; and
1.3 Any and all applicable addenda, proposals executed and submitted
by the Consultant and accepted by the City, specifications and insurance
certificates; and
1.4 All amendments mutually agreed to after execution of this Agreement.
These Contract Documents comprise the entire agreement for the Services agreed
to herein between the parties, and incorporated into and made a part of this
Agreement as if attached to this Agreement or repeated herein. In the event of a
conflict between this Agreement and any other Contract Document(s), this
Agreement shall prevail.
2. THE WORK
Consultant shall furnish all labor, materials and equipment necessary to provide
professional Services as specified in the Scope of Services and accepted by the
City.
3. PERIOD OF SERVICE
The Consultant shall begin work promptly after receipt of a fully executed copy of
this Agreement and a letter of Notice to Proceed from the City and shall complete
the Project within the time mutually agreed upon, as specified in the Scope of
Services request accepted by the City.
4. COMPENSATION
Compensation (the "Contract Sum") for performing the Services related to the
Project shall be the fee of One Hundred Ten Thousand Four Hundred Eighteen
Dollars and 00/100 1$110,418.00) specified in the Scope of Services request
accepted by the City.
5. PAYMENTS
5.1 The City shall pay the Contract Sum to the Consultant subject to the
completion of tasks as specified in the Exhibit "A". The City shall pay the Consultant
for work performed subject to the specifications of the job and any additions and
deductions by subsequent change order provided in the Contract Documents —A14
Payments shall he governed by the Florida Prompt Payment Ant Chanter `)1 Q Part
r.....�.......w .... ....... ....... yv. v.r.v.. v�. ury r rvrruu r rvrrrra-r-uy-uric. r -r r r
VII, Florida Statutes. 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.
Page 2 of 8
Civil Engineering Services
5.2 The Consultant shall provide periodic invoices to the City upon
completion of a substantial amount of Services relating to the Scope of Services
contained within this Agreement. Payment shall be made to the Consultant upon
approval of submitted invoices to the City.
6. TERMINATION
This Agreement may be terminated by the City for convenience upon ninety (90)
calendar days' written notice to the Consultant. In the event of such termination, any
Services performed by the Consultant under the 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 for Services that have not been performed.
This Agreement may be terminated by either party for cause 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 deemed a termination for
convenience and the provisions in the paragraph above shall apply.
7. DEFAULT:
In the event of a default by Consultant, the default provisions contained in the
Continuing Services Agreement between the parties shall govern.
8. ANTI-LOBBYING/NO CONTINGENT FEE:
The provisions of Section 11 of the Continuing Services Agreement shall apply to this
Agreement.
9. WARRANTIES AND GUARANTEES:
9.1 The Consultant warrants that its Services are to be performed within the
limits prescribed by the City and with the usual thoroughness and competence of the
Consultant's architectural and/or engineering profession.
9.2 The Consultant shall be responsible for technically deficient designs,
reports or studies due to negligent acts, errors or omissions. The Consultant shall, upon
the request of the City, promptly correct or replace all deficient work due to negligent
acts, errors or omissions without cost to the City.
Page 3 of 8
Civil Engineering Services
10. BINDING EFFECT:
This Agreement shall bind and the benefits thereof shall inure to the respective parties
hereto, their legal representatives, executors, administrators, successors and assigns.
11. AMENDMENTS AND MODIFICATION:
No amendments and/or modifications of this Agreement shall be valid unless in
writing and signed by each of the parties to the Agreement.
12. MERGER: AMENDMENT:
This Agreement, including the referenced Contract Documents, and any
attachments, constitute the entire agreement between Consultant and City, and all
negotiations and oral understandings between the parties are merged herein. This
Agreement may be supplemented and/or amended only by a written document
executed by both Consultant and City.
13. NONASSIGNABILITY:
Consultant shall not assign, subcontract or transfer any rights or delegate any
duties arising under this Agreement without prior written consent of the City, which
consent may be withheld by the City in its sole discretion.
14. NOTICES:
Whenever either party desires to give notice to the other, it shall 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:
FOR CONSULTANT:
FOR CITY:
WITH COPY TO:
BEA Architects, Inc
3075 NW South River Dr.
Miami, FL 33142
City of Opa-Locka
John Pate, City Manager
780 Fisherman Street
Opa-Locka, FL 33054
Burnadette Norris -Weeks, P.A.
City Attorney
401 North Avenue of the Arts
(NW 7th Avenue)
Fort Lauderdale, FL 33311
Telephone: 954-768-9770
Facsimile: 954-768-9790
Page 4 of 8
Civil Engineering Services
15. SEVERABILITY; WAIVER:
Any provision in this Agreement that is prohibited or unenforceable under Florida or
federal law shall be ineffective to the extent of such prohibitions or unenforceability
without invalidating the remaining provisions hereof. Also, the non -enforcement of
any provision by either party to this Agreement shall not constitute a waiver of that
provision nor shall it affect the future enforceability of that provision or the remainder
of this Agreement.
16. Scrutinized Companies
16.1 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.
16.2 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.
16.3 The Contractor agrees to observe the above requirements for applicable
subcontracts entered into for the performance of work under this Agreement.
16.4 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.
17. OTHER PROVISIONS:
17.1 Titles and paragraph headings are for convenient reference and are not
a part of this Agreement.
17.2 In the event of conflict between the terms of this Agreement and any
terms or conditions contained in any attached or referenced Contract Documents, the
terms in this Agreement shall prevail.
17.3 No waiver or breach of any provision of this Agreement shall constitute
a waiver of any subsequent breach of the same or any other provision, and no waiver
shall be effective unless made in writing.
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Civil Engineering Services
17.4 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 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, for the duration of this Agreement and following completion of this
Agreement until the records are transferred to the City.
17.5 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. Upon completion of this Agreement or in the event
of termination by either party, any reports, photographs, surveys and other data and
documents and all 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 completion or termination of this
Agreement, Consultant shall destroy any and all 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.
17.6 Upon request by City's records custodian, provide City with a copy of
requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes, or as otherwise provided by law.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT (305) 953-2821, OR BY MAIL:
CITY OF OPA-LOCKA - CITY CLERK'S OFFICE, 780 FISHERMAN STREET,
4TH FLOOR. OPA-LOCKA FL 33054.
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Civil Engineering Services
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective duly authorized representatives the day and year written
below.
FOR CITY:
ATTEST:
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
WITNESS:
CITY OF OPA-LOCKA
By:
John Pate
City Manager
Dated:
FOR CONSULTANT:
BEA Architects, Inc
By:
Authorized Representative
Print Name Print Name
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Date
Corporate Seal:
Civil Engineering Services
EXHIBIT "A"
BEA Architects, Inc Scope and Fee Proposal dated April 16, 2021 to provide engineering
services for the Restoration Design for the Historic Fire Station and the Former Human
Resource Facility. for the total amount of One Hundred Ten Thousand Four Hundred
Eighteen Dollars and 00/100 ($110,418.00).
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Civil Engineering Services
E -VERIFY FORM
Definitions:
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public
employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other
remuneration.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or
another subcontractor in exchange for salary, wages, or other remuneration.
Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required
registration with, and use of the E -verify system in order to verify the work authorization status of all newly
hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department
of Homeland Security's E -Verify System to verify the employment eligibility of:
a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within
Florida during the term of the contract; and
b) All persons (including sub-vendors/subconsultants/subcontractors) assigned by
Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The
Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of
Homeland Security's E -Verify System during the term of the contract is a condition of the
contract with the City of Opa-locka; and
Should vendor become successful Contractor awarded for the above -named project, by entering into this
Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of
the E -Verify System to verify the work authorization status of all newly hired employees, and requiring
all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with,
or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the
duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor
knowingly violates the statute, the subcontract must be terminated immediately. If this contract is
terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public
contract for a period of 1 year after the date of termination.
Company Name:
Authorized Signature:
Print Name:
Title:
Date;