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HomeMy Public PortalAbout21-9938 300 Engineering for design services for the Culvert along Sesame StSponsored by: City Manager RESOLUTION NO. 21-9938 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE FEE PROPOSAL FROM 300 ENGINEERING GROUP P.A. FOR ENGINEERING AND DESIGN SERVICES FOR THE REPLACEMENT OF THE CULVERT LOCATED ALONG SESAME STREET, ON THE OPA-LOCKA CANAL AND ENTER INTO A CONTINUING PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONSULTING SERVICES AGREEMENT WITH 300 ENGINEERING GROUP, P.A. FOR SAME; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-Locka ("City") has identified the need for the replacement of the culvert along Sesame Street within the City as a high priority project. The City has determined that the current condition of the culvert is impeding the completion of the milling and resurfacing work to be conducted by the City in an area likely to cause disruptions to traffic; and WHEREAS, Sesame Street is currently closed between the intersections of Atlantic Avenue and 135th Street. As identified by the contractor conducting the milling and resurfacing work and based on preliminary site assessments, the culvert appears to have failed wing walls, loss of backfill material and failed top slab. These conditions require the complete replacement of the structure with a new permanent installation that will provide a prolonged useful life. Pursuant to the preliminary assessment, a budgetary estimation of the cost for the replacement of the culvert has been projected to be approximately Eight Hundred Thousand Dollars ($800,000), including design fees and construction work; and WHEREAS, the replacement of the culvert along Sesame Street is required in order to complete the Milling and Resurfacing Project that is currently ongoing in this identified area and further restore traffic to its normal conditions along Sesame Street; and WHEREAS, 300 Engineering, PA Group is one of the engineering consulting firms selected in response to the RFQ 20- 0324200 and approved by the City Commission to be a part of the City's library of licensed Architects and Engineers to provide professional architectural and engineering services.; and WHEREAS, City Commission desires to accept the Engineering Design Services proposal by 300 Engineering Group P.A. to replace the culvert along Sesame Street, in an amount not exceed One Hundred Ninety -Two Thousand, Nine Hundred Forty -Seven Resolution No. 21-9938 Dollars ($192,947.00); and WHEREAS, the City further desires to enter into an agreement with 300 Engineering Group, P.A., attached hereto as Exhibit "A", pursuant to the proposal attached hereto as Exhibit "B", to replace the Culvert along Sesame Street, in an amount not exceed One Hundred Ninety -Two Thousand, Nine Hundred Forty-seven Dollars ($192,947.00); 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 300 Engineering Group, P.A. 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 accept the fee proposal of 300 Engineering, P.A. for engineering and design services for the replacement of the culvert located along Sesame Street, on the Opa-Locka Canal, attached hereto as Exhibit "A", and enter into a continuing professional architectural and engineering consulting services agreement with 300 Engineering Group, P.A., attached hereto as Exhibit "B". 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 following review by the City Attorney and 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 17th day of November 2021. 2 Resolution No. 21-9938 Attest: a Flores, City Clerk Moved by: COMMISSIONER DAVIS Seconded by: COMMISSIONER TAYLOR VOTE: 4-0 Commissioner Taylor YES Commissioner Bass YES Commissioner Davis YES Mayor Williams YES Veronica J. Williams, ayor Approved as to Form And Legal Sufficiency: Burnadette Norris -Weeks, P.A. Ott Attorney 3 City of Opa-locka Agenda Cover Memo Department Director: Airia Austin Department Director Signature: 4-.. . City Manager: John E. Pate CM Signature: --- Commission Meeting Date: 11/17/2021 item Type: (EnterX in box) Resolution Or n c Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (EnterX in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Accountit: (Enter Fund & Dept.) Ex: See Financial Impact Section Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (EnterX 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: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X um I■ i• IIII Sponsor Name City Manager Department: City Manager Short Title: ENGINEERING AND DESIGN SERVICES FOR REPLACING THE CULVERT OF SESAME STREET Staff Summary: A resolution of the City Commission of the City of Opa-locka authorizing the City Manager to accept the fee proposal from 300 Engineering Group P.A. for Engineering and Design Services for the Replacement of the Culvert located along Sesame Street, on the Opa-locka Canal. This project is required in order to complete the Milling and Resurfacing Project that is currently ongoing in this area and to restore traffic to its normal conditions along Sesame Street. The City has identified the replacement of this culvert as a high priority project, as its current condition is impeding the completion of the milling and resurfacing work conducted by the City in the area and is causing disruptions to traffic. Sesame Street is currently closed between the intersections with Atlantic Avenue and 135th Street. As identified by the contractor conducting the milling and resurfacing work and based on preliminary site assessments, the culvert seems to have failed wing walls, loss of backfill material and failed top slab. These conditions require the complete replacement of the culvert structure with a new permanent installation that will provide a prolonged useful life. As per the preliminary assessment, a budgetary estimation (ballpark figure) of the cost for the replacement of the culvert has been projected to be approximately $800,000, including design fees and construction work. 300 Engineering PA Group is one of the engineering consulting firms selected in response to the RFQ 20- 0324200 and approved by the City Commission to be part of the City's library of licensed Architects and Engineers to provide professional architectural and engineering services. The intent of this request is to accept the Engineering Design Services proposed by 300 Engineering Group P.A. to Replace the Culvert along Sesame Street for One Hundred Ninety -Two Thousand, Nine Hundred Forty - Seven Dollars ($192,947.00) Financial Impact The new Infrastructure Investment and Jobs Act was signed into law on November 15th. This Act will fund roadway and bridge projects, among other categories of infrastructure investment. A Notice to Proceed on the design phase of restoration of the Sesame Bridge will not be issued until it is determined as to the start date after which expenditures are eligible for reimbursement under this program. Initially it is recommended that the design phase be funded by transferring $192,947 from the $500,000 budget for installation of new sidewalks in FY 22, and this will be reflected in the FY 22 Budget Amendment #1. If it is subsequently determined that the new Infrastructure Act will fund this project, a second budget amendment will be submitted indicating the project is to be funded by this Act, and the $192,947 will be restored to the sidewalks program. Proposed Action: Staff recommends acceptance of the fee proposal received from 300 Engineering Group P.A. to provide the Engineering Design Services for the Replacement of the Culvert along Sesame Street to remedy the safety issue, to continue the Milling & Resurfacing Project on this area, and to restore the normal traffic condition along Sesame Street, with the Notice To Proceed to not be issued until it is determined as to the start date for eligible reimbursements under the infrastructure Investment and Jobs Act. Attachment: 1. Agenda 2. Proposal provided by 300 Engineering Group P.A. Group 3. Resolution 20-9767 Accepting BID proposals in response to RFQ 20-0324200 4. Contract Agreement between the City and 300 Engineering, Inc City of Opa-Locka RFQ 20-0324200 Sesame Street Culvert Replacement— Engineering and Design Services SCOPE OF WORK November 9, 2021 Prepared for: City of Opa-Locka Public Works Department Attn: Airia Austin Public Works and CIP Director City of Opa Locka 780 Fisherman Street Opa-locka, FL 33054 Prepared by: 300 Engineering Group, P.A. 2222 Ponce de Leon Blvd, Suite 300 Coral Gables, Florida 33134 Table of Contents INTRODUCTION 2 DESCRIPTION OF SERVICES 3 100 Project Management 3 200 Site Investigation 4 300 30% Design Phase 5 400 90% Design Phase 6 500 100% Design and Bid Set Submittals 6 600 Permitting Support 6 700 Bid and Award Services 7 800 Limited Engineering Services during Construction and Inspection Services 8 SCHEDULE 8 INVOICING 8 COMPENSATION 8 ASSUMPTIONS 8 1 City of Opa-Locka RFQ 20-0324200 Sesame Street Culvert Replacement — Engineering and Design Services SCOPE OF WORK INTRODUCTION The City of Opa-Locka (City) owns, operates and maintains the municipal rights of way (ROW) within its City limits. Sesame Street is a two-lane street that runs north to south, from Burlington Street to NW 135th Street, this portion of ROW is located within the City's residential areas, north of the Opa-Locka Canal. Between the intersections with Atlantic Avenue and NW 135th Street, Sesame Street crosses the Opa-Locka canal with a culvert that consists of three 72 -inch concrete pipes, a concrete collar and a top slab that supports the pavement. Sesame Street is used by Miami -Dade County Transportation and Public Works Department (DTPW)as part of its public transportation routes. During a recent milling and resurfacing project that the City is conducting in the area, it was discovered by the City's contractor that the culvert was in poor conditions and would not withstand the milling and resurfacing work. Sesame street is currently closed to traffic at this location, and as indicated by the City it will remain closed until its replacement. The City then requested 300 Engineering Group, P.A. (300 Engineering) to conduct a brief assessment and provide a recommendation on the best way to proceed. As per the limited information available, the observations made during the site visit conducted on October 261h, 2021 and given 1) the condition of super structure (failed wing walls, failed top slab, loss of backfill material), 2) the unknown construction date & remaining useful service life of the existing culvert, and 3) the unknown conditions of the concrete culvert pipes, it was recommended to replace the structure with a new culvert that will be designed for current system demand and will provide a permanent installation with a safe and prolonged service life. As part of this preliminary assessment, the City requested 300 Engineering to provide a budgetary estimation of the construction cost for the replacement of the culvert. Based on the limited information available, the replacement work of the culvert would involve the following: demolition of existing structure, excavation for new structures, sloped backfill for culvert installation, new corrugated metal culvert, embankment stabilization with riprap, new top slab, asphalt pavement restoration, pavement markings and new and guard rails. It was estimated that this construction work would cost approximately $550,000, considering a 30% contingency. As indicted previously, this preliminary cost (ballpark figure) is for budgetary purposes only and is based on limited information and field observations. There are no available records of the culvert design, site survey, soil conditions, construction date or information regarding the conditions of the culvert pipes. If asbestos is found in the concrete structure, demolition costs will increase. The City has selected 300 Engineering as a professional firm to provide engineering and design services for the replacement of the sesame street culvert. 2 DESCRIPTION OF SERVICES 300 Engineering is hereby presenting a scope of services to provide the City with "Sesame Street Culvert Replacement — Engineering and Design Services". 300 Engineering intends to undertake this project on a Lump Sum fee basis. This project has been divided into the following tasks: Task Description 100 Project Management 200 Site Investigation and H&H Study 300 30% Design Phase 400 90% Design Phase 500 100% Design and Bid Set Submittals 600 Permitting Support 700 Bid and Award Services 800 Limited Engineering Services during Construction and Inspection Services 100 Project Management 300 Engineering will provide project management services for the duration of the project. These services will include the following: a. Kick-off and Monthly Coordiantion Meetings • Prepare for and attend to the project kickoff meeting to be held at the City's offices or via teleconference with representatives from the City. The purpose of this meeting is to confirm project objectives, review project timeline, define roles & responsibilities, and discuss communication plan • Prepare for and attend to monthly coordination meetings (during the design and permitting process) to be held at the City's offices or via teleconference with representatives from the City • 300 Engineering will prepare an agenda and meeting minutes for the kick-off and monthly coordination meeting b. Project Progress Reports 300 Engineering will prepare monthly progress reports that will be issued to the City along with the monthly invoices. Monthly progress reports will include: overall status of the project, work performed during the work period, estimated completion of tasks and major sub -tasks, and current challenges/issues. Deliverables The following deliverables will be submitted to the City as part of Task 100: 3 • Meeting agendas and minutes (One (1) kick-off meeting and Five (5) monthly coordination meetings) • Monthly progress reports (Twelve (12) monthly progress reports) 200 Site Investigation and H&H Study Site investigation activities will be conducted to depict the current site conditions and will also provide critical information to be used in the design process. Site investigation activities will include the following: Hydrological and Hydrographic Study (H&H), topographic survey, bathymetric survey, subsurface utility investigation and geotechnical exploration. During site investigation activities, 300 Engineering will identify above ground utilities through coordination with Sunshine 811 for the extent of the project. Based on the information provided in this design ticket, 300 Engineering will request as -built data from underground utilities identified in the area, if needed. 300 Engineering will conduct one (1) site visit to the project site along with the topographic survey. As requested by the City, additional research might be required to obtain information regarding two (2) County owned force mains that are within the project area. A meeting with Miami -Dade County Water and Serwer Department (WASD) has been included in this scope of work to obtain information about these pipes. 210 Topographic Survey 300 Engineering shall contract the services of a licensed State of Florida Surveyor to conduct a topographic survey of the project site (Sesame Street, between Atlantic Avenue and NW 135th Street). The topographic survey will indicate elevations, easements, right of way limits, edges of pavement, visible utilities, and other surface features. The topographic survey will include the location of the existing aboveground improvements and occupational evidence within the right of way, such as: valves, catch basins, grate inlets, fire hydrants, manholes. The survey will establish vertical control run level loop from official benchmarks and set project TBM's, to include take spot elevations at high and low points, take cross -sections at every 50 feet, as well as elevations on top of utilities and determine invert elevations for any existing drainage and gravity sewer system, determine pipe size, flow directions and materials to the extent possible. The survey will also include approximate height above grade for overhead cables and wires. 220 Subsurface Utility Exploration (SUE) 300 Engineering shall contract the services of a licensed State of Florida Surveyor to conduct SUE services, which include: ground penetration radar (GPR) along the ROW and soft digs at selected locations (up to six soft digs are included). 230 Bathymetric Survey 300 Engineering shall contract the services of a licensed State of Florida Surveyor to conduct a bathymetric survey of the waterway in the project area. The bathymetric survey will depict of bottom of the canal and its profile. 240 Geotechnical Investigation 300 Engineering shall contract the services of a Professional Geotechnical Engineer to perform Standard Penetration Test (SPT) borings at the project site in accordance with the American 4 3mt, Society of Testing Materials (ASTM) D-1586. A total of two (2) soil borings to a depth of 20 feet are estimated. Excavation clearances shall also be provided under this task. The geotechnical investigation will provide information on the quality of the soils in the project area for trenching and pipeline installation. In addition, material testing will be included for the culvert to determine if there is asbestos in the concrete structure. 250 H&H Study 300 Engineering shall conduct a desktop analysis for the H&H study, which will be based on information available from the City, Miami -Dade County, NOAA, and other sources. This study will be performed to determine the current service demand and peak flows for the canal. The information obtained by this desktop study will be used to define the geometry and capacity of the new culvert. 300 Engineering will not perform hydraulic modeling under this task. Deliverables The following deliverables will be submitted to the City as part of Task 200: • Existing Utilities Log. One (1) electronic copy • Topographic Survey. One (1) signed and sealed electronic copy • Geotechnical Report. One (1) signed and sealed electronic copy • H&H Study Report. One (1) electronic copy 300 30% Design Phase 300 Engineering will develop the 30% design submittal for the replacement of the culvert at Sesame Street. The replacement will be conducted using corrugated metal pipe and the design will follow Florida Department of Transportation (FDOT) standards. The 30% design phase will include the following activities: • Identification and review of existing utilities in the area • Proposed location of new culvert • Preparation of 30% design drawings (civil and structural) • Preparation of table of contents for the technical specifications It is anticipated that the City will complete its review of the 30% Design within ten (10) working days of receipt of the 30% design submittal. Deliverables The following deliverables will be submitted to the City as part of Task 300: • 30% Design Drawings including: location map, general notes, existing and proposes site plans (including utilities, easement, row limits, edge of pavement and limits of pavement restoration), structural demolition plan. One (1) electronic set of drawings (24x36 -inch at 1:20 scale). • List of technical specifications 5 400 90% Design Phase Upon approval of the 30% Design submittal, 300 Engineering shall prepare 90% drawings and specifications for the project. The 90% drawings will include updated general, civil & structural, Maintenance of Traffic (MOT) and design details, such as: culvert and wing wall plan and elevations, culvert and wing wall sections and structural details. The drawings and specifications shall include the necessary information to accommodate the proposed improvements. Please refer to Appendix A for a preliminary list of drawings. The specifications will be prepared based on City's and/or Florida Department of Transportation (FDOT) standard specifications. 300 Engineering will prepare Calculations following AASHTO Bridge Design Specifications as modified by FDOT Structures Design Manual Requirements. The 90% design submittal will be submitted to the City for review and comments. The City shall provide the comments to 300 Engineering in electronic format. It is anticipated that the City will complete its review of the 90% drawings and specifications within ten (10) working days of receipt of the submittal package. Deliverables The following deliverables will be submitted to the City as part of Task 400: • 90% Submittal. One (1) electronic set of drawings (24x36 -inch, scale 1:20) and one (1) electronic set of specifications 500 100% Design and Bid Set Submittals Upon receipt of the comments from the City to the 90% design, 300 Engineering shall proceed with the preparation of the 100% design drawings. The 100% documents will be submitted to the City for final review and will be used to submit permit applications to the permitting agencies. 300 Engineering will prepare the Bid Set of construction documents to be utilized for bidding purposes after receipt of comments from the permitting agencies and comments from the City on the 100% design submittal. 300 Engineering will also prepare a Class 1 level estimate of probable construction as part of the bid set submittal. It is anticipated that the City will complete its review of the 100% complete plans and specifications within ten (10) working days of receipt of the submittal package. Deliverables The following deliverables will be submitted to the City as part of Task 500: • 100% Submittal (to be used for permitting). One (1) electronic Signed and Sealed set of drawings (24x36 -inch, scale 1:20) • Bid Set Submittal (to be used for bidding purposes). One (1) electronic Signed and Sealed set of drawings (24x36 -inch, scale 1:20) and one (1) set of specifications • Class 1 Estimate of Probable Construction Cost. One (1) electronic copy 600 Permitting Support 300 Engineering will perform the following activities: • Prepare one (1) permit application, per agency identified below • Provide design data as required for permit approval from the various regulatory agencies 6 • Prepare signed and sealed contract documents for regulatory agency/City review, as described in task 500 • Respond to requests for information (RFIs) issued by the regulatory agencies within ten (10) working days of receipt of comments Anticipated regulatory reviews are as follows: Miami Dade County RER/DERM It is anticipated that a Class I permit with RER/DERM Water Resources will be required for the installation of the new culvert Miami Dade Transportation and Public Works Department It is anticipated that a dry run review for the Miami -Dade Transportation and Public Works Department will be required for this project, as the Opa-Locka Canal is owned and maintained by the County. 300 Engineering will respond to RFIs issued by the regulatory agencies as required. It is anticipated that up to two (2) RFIs per agency will be responded to during the permitting process. Permitting fees are not included in this proposal. The City shall be responsible for all permit fees. Deliverables The following deliverables will be submitted to the City as part of Task 600: • One (1) permit application per agency (as outlined above) • Responses to RFIs 700 Bid and Award Services 300 Engineering shall attend one (1) pre -bid conference for the project described herein. 300 Engineering shall prepare and distribute written meeting minutes to the bidders and attendees within three (3) calendar days after the pre -bid conferences. 300 Engineering shall receive, keep track, and provide timely responses to RFIs from contractors during the bid process. 300 Engineering shall prepare written addenda with RFIs and responses and the final version of each addenda shall be transmitted to the City's designee for review and issuance. Within five (5) calendar days of receipt of bids, 300 Engineering shall evaluate the bids for completeness, responsiveness, and price, including alternative prices and unit prices, and shall make a recommendation to the City regarding award of the contract for the project. Deliverables The following deliverables will be submitted to the City as part of Task 700: • Pre -bid conference meeting minutes. One (1) electronic copy emailed to all bidders and attendees • Formal Recommendation to the City regarding award of contract. One (1) electronic copy emailed to the City designee 7 800 Limited Engineering Services during Construction and Inspection Services 300 Engineering shall provide the following engineering services during construction: • Preparation of Responses to RFIs. The number of responses to RFIs from the contractor shall be limited to five (5) under this scope of work • Review of shop drawings submittals. The number of shop drawings review from the contractor shall be limited to ten (10) under this scope of work • Daily Construction Inspections during the duration of the construction phase. For the purpose of estimating the level of effort associated with this activity, three (3) months of construction have been budgeted. • Review and approval of contractor as-builts drawings, including verification of regulatory compliance and project certification 300 Engineering will not provide construction management services under this scope of work. The City shall be responsible for the management of the Contractor. Deliverables The following deliverables will be submitted to the City as part of Task 800: • RFI Response Memorandum. One (1) electronic copy emailed to the City designee per RFI • Shop Drawing Submittal Review comments. One (1) electronic copy emailed to the City's designee per Shop Drawing review • Daily Inspection Reports. One (1) electronic copy per report emailed to the City's designee • As -built Review Memorandum. One (1) electronic copy emailed to the City's designee SCHEDULE The Project Schedule is approximately twelve (12) months from NTP. INVOICING Invoicing will be monthly as per the Contract between 300 Engineering and the City of Opa-Locka. Invoices shall be paid within thirty (30) days of invoice receipt. COMPENSATION The services described herein will be performed on a fixed lump sum fee basis, as per the Contract between 300 Engineering and the City of Opa-Locka, in the amount shown in Appendix B as CONTRACT GRAND TOTAL. Miles, reproduction, and other reimbursable expenses are to be paid as presented and approved. ASSUMPTIONS This Scope of Services is based on the following assumptions: • All requested information will be made available to 300 Engineering by the City 8 • When available, the City will provide 300 Engineering with any requested AutoCAD information in electronic format • The City's staff will be available to attend meetings and assist 300 Engineering with site visits • The City will provide front-end documents. 300 Engineering will prepare the technical specifications based on the City's Specifications, and/or FDOT's standard specification • The culvert replacement will be conducted using corrugated metal pipe and the design will follow Florida Department of Transportation (FDOT) standards • 300 Engineering shall not be responsible for any delays in the project caused by response times from others, such as the City and/or utility owners • Sesame street is currently closed to traffic at the project, and as indicated by the City it will remain closed until complete replacement • Environmental assessment is not included in this scope of work. Based on limited research of County's records, the site is not listed under contaminated sites. However, 300 Engineering is not responsible for any unforeseen conditions that might occur during the design and/or construction • Performance durations provided assume timely permit processing by Regulatory Agencies having jurisdiction over the project. Delays in obtaining permits beyond the control of 300 Engineering and our subconsultants may result in delays to the performance schedule for which 300 Engineering cannot be held liable • For the purpose of estimating the level of effort associated with daily inspections and engineering services during construction, three (3) months of construction have been budgeted. If the construction duration exceeds three (3) months, 300 Engineering will seek additional funding for inspection and engineering services during construction. No overtime is estimated for daily inspection services • Permitting fees are not included in this proposal. The City shall be responsible for all permit fees associated with this project • Preliminary MOT is included in this project for permitting purposes and will be prepared based on FDOT standards. However, the Contractor shall develop final MOT plans • 300 Engineering will not perform hydraulic modeling services under this scope of work • No Public Outreach services are included as part of this scope of work • Landscape design nor street lighting design are included in this scope of work • 300 Engineering will not provide construction management services under this scope of work. The City shall be responsible for the management of the Contractor • Utilities relocation is not included in the scope of service • In consideration of this Project, unrestricted access to data and information sources is made available to 300 Engineering. 300 Engineering shall comply fully with all security procedures and shall not divulge to third parties all confidential Data Information obtained from the City of Opa-Locka while performing consulting services, including, but not limited to, security procedures, business operations information or proprietary information in the possession of the City of Opa-Locka. 300 Engineering shall not be required to keep confidential information or material that is publicly available through no fault of 300 Engineering, material that 300 Engineering developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State Law as a public record • Non -Solicitation of Employees and Independent Contractors and Covenant Not to Hire. The City agrees that they will not, directly or indirectly, initiate efforts aimed at the hiring of 300 Engineering's employees or independent contractors or solicit, hire, employ, recruit, 300 Engineering's employees or independent contractors, without the prior written 9 approval of 300 Engineering's until after three (3) years from the effective date of this Agreement 10 APPENDIX A Preliminary List of Drawings o G1: Title Sheet, Location and List of Drawings o G2: Abbreviation, Symbols, General Notes and Legend o G3: Civil Notes o G4: Key Plan o CI: Existing and Proposed Site Plan o C2: Pavement Restoration o C3: Pavement Markings o C4: MOT o C5: MOT o C6: Civil Details o C7: Standard Details o S1: Structural Notes o S2: Culvert and Wing Wall Demolition Plan o S3: Culvert and Wing Wall Plan o S4: Culvert and Wing Wall Elevation o S5: Culver Sections o S6: Barrier Wall and Guardrail Details o S7: Structural Details o S8: Structural Details 3C0 City of Opa-L ocka RFQ No. 20-0324200 Task # 3 "Se same Str eet Culvert R eplac ement —Engineering and Design Services" Fee Sch edule Principal Protect Manager QAIQC Senior Engineer ProJec Engineer Inspect or T ot al H our s Labor Subtotal R at e, $/Hr 5215 .00 5190.00 5160 .00 5160.00 $140.00 590 .00 Subtas k 100 200 300 400 500 800 700 800 Pro je ct M anagement Site In vestigatio n and H&H Stu dy 30% D esign Phaae 90% Design Phase 100% Design an d Bid Set Submittal Pe rmittin g Su pport Bid and Award Servic es Limited En gineering Services Du ring Cons truc tion 2 2 2 22 20 14 20 34 12 6 12 0 4 10 20 18 0 0 0 0 30 24 46 40 16 8 26 0 72 48 100 87 40 4 36 0 0 0 0 0 0 0 480 24 126 96 186 181 68 22 554 To ta l (Hou rs) Sub -Total Labor Fee ODC's (Mileage , Reproduction & Reimbursable) Topographic Survey, SUE and Bathymetdc Survey Geotechnical Investigation Sub To ta l O DC's (Mile age, Re produc tion & Re imbur sa ble) Sub -Total Labo r Fe.IODC 142 52 190 387 480 1257 %Utilizatio n 0. 48% 11.30% 4.14% 15.12% 30 .79% 38.19 % 100 .00% $4,610.00 $19,320.00 $14,820.00 $28,360.00 $28,350.00 810,440.00 $3,790.00 $54,680.00 $4,610 .00 $19,320.00 $14,820.00 $28,360.00 $28,350 .00 $10,440.00 $3,790.00 $54,680.00 $164,370.00 $20,600.00 87,977.00 528,577 .00 5192,947.00 To tal ($) 51,290.00 526,980.00 58,320 .00 530 ,400.00 $54,180.00 543,200.00 $192,947.00 Page 1 PROJECT AGREEMENT FOR DESIGN SERVICES BETWEEN THE CITY OF OPA-LOCKA AND 300 ENGINEERING GROUP P.A. THIS PROJECT AGREEMENT (the "Agreement") is made and entered into this day of , 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 300 ENGINEERING GROUP P.A. (the "Consultant"), a Florida corporation authorized to conduct business in the State of Florida, with principal offices located at 2222 Ponce de Leon Blvd. Suite 300. Coral Gables, Florida 33134. 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 Design Services (known as the "Project", the "Services" or the "Scope of Services") for the Replacement of the Culvert on Sesame Street, Opa-locka, Florida. 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 9 Civil Engineering Services 1.2 A Scope of Services request completed by the Consultant and accepted by the City, attached hereto asAttachment"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 Ninety -Two Thousand Nine Hundred Forty -Seven Dollars ($192,947.00) 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 Attachment "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 payments shall be governed by the Florida Prompt Payment Act, Chapter 218, Part VII, Florida Statutes. Page 2 of 9 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 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. Termination will take effect immediately after five calendar days unless Consultant cures the identified problem on or before the final 5th calendar day after notification. 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 The Consultant shall be responsible for technically deficient designs, reports and/or studies due to negligent acts, errors or omissions for one year following completion or abandonment of the contracted consulting and design services. 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 9 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 300 Engineering Group P.A. 2222 Ponce de Leon Blvd. Suite 300 Coral Gables, FL 33134 fatorrealba@300engineering.com City of Opa-Locka John Pate, City Manager 780 Fisherman Street Opa-Locka, FL 33054 jpate@opalockafl.gov 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 cityattorney@opalockafl.gov Page 4 of 9 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. 17.4 Consultant acknowledges that the public shall have access, at all reasonable times, to certain documents and information pertaining to City contracts, Page 5 of 9 Civil Engineering Services 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. 18. 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 Page 6 of 9 Civil Engineering Services 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. Page 7 of 9 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: CITY OF OPA-LOCKA Joanna Flores, City Clerk Approved as to form and legal sufficiency for the use of and reliance by the City of Opa-Locka only: City Attorney Burnadette Norris -Weeks, PA By: John Pate City Manager Dated: FOR CONSULTANT: WITNESS: 300 Engineering Group P.A. By: Authorized Representative Print Name Print Name Page 8 of 9 Civil Engineering Services Date Corporate Seal: ATTACHMENT "A" Consultant Scope of Work and Fee Proposal dated November 9, 2021 to provide engineering design services for the Replacement of the Culvert on Sesame Street, Opa- locka, Florida for the amount of One Hundred Ninety Two Thousand Nine Hundred Forty Seven Dollars ($192,947.00) Page 9 of 9 Civil Engineering Services