HomeMy Public PortalAbout22-9948 - H.W. Lochner Water Main ExtensionSponsored by: City Manager
RESOLUTION NO. 22-9948
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH H.W.
LOCHNER INC. TO PROVIDE ENGINEERING
CONSULTING SERVICES FOR THE WATER MAIN
EXTENSION FROM OPA-LOCKA BOULEVARD TO
SUPERIOR STREET AND TO FACILITATE A NEW FIRE
HYDRANT AT THE CORNER OF AHMAD AND SUPERIOR
STREETS, IN AN AMOUNT NOT TO EXCEED ELEVEN
THOUSAND, EIGHT HUNDRED SIXTY DOLLARS
($11,860.00), IN ADDITION TO A CONTINGENCY
BUDGET OF ONE THOUSAND ONE HUNDRED EIGHTY
SIX THOUSAND DOLLARS ($1,186.00); PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the proposed project to build a gas station on Superior Street was
approved by the City of Opa-Locka City Commission on October 9, 2019, pursuant to
Resolution # 19-9709. Florida law requires that any business property, especially a gas
station, must have a fire hydrant within 300 feet of said property. At the pre -
construction meeting held on December 16, 2021, the City of Opa-Locka ("City") was
informed that the property would be completed by March, 2023. As such, it is
imperative that the necessary fire protection is constructed to place it within 300 feet
of this property; and
WHEREAS, on June 10, 2020, through Resolution #20-9767, the City
Commission of the City of Opa-Locka ("Commission") accepted bid proposals from
several Consultants for continuing professional architectural and engineering
consulting services pursuant to RFQ No. 20-0324200. The Commission further
authorized the City Manager to enter into multiple agreements for architectural and
engineering consulting services as provided therein; and
WHEREAS, the City Commission approved entering into an agreement with
H.W. Lochner, Inc. for architectural, construction testing, inspections and general
consulting engineering services; and
WHEREAS, H.W. Lochner, Inc. has provided a proposal for the water main
extension and fire hydrant, pursuant to the proposal attached hereto as Exhibit "A",
in an amount not to exceed Eleven Thousand, Eight Hundred Sixty Dollars
($11,860.00); and
Resolution No. 22-9948
WHEREAS, the City Manager recommends an additional expenditure of One
Thousand, One Hundred Eighty Six Thousand Dollars ($1,186.00) be approved to
allow for additional minor contingencies which may arise; 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 H.W. Lochner, Inc., attached hereto
as Exhibit "B" for the provision of qualified professional services, as set forth
herein, and same.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-Locka hereby authorizes the City
Manager to enter into an agreement with H.W. Lochner Inc., attached hereto as
Exhibit "B", to provide engineering consulting services for the water main extension
from Opa-Locka Boulevard to Superior Street and to facilitate a new fire hydrant at
the corner of Ahmad and Superior Streets, in an amount not to exceed Eleven
Thousand, Eight Hundred Sixty Dollars ($11,860.00), pursuant to the proposal
attached hereto as Exhibit "A", in addition to a contingency budget of One Thousand
One Hundred Eighty Six Thousand Dollars ($1,186.00).
Section 3. 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. This Resolution shall take effect immediately upon adoption and is subject
to the approval of the Governor or his designee.
PASSED AND ADOPTED this 12th day of January, 2022.
eronica J. Williams, Mayor
2
Resolution No. 22-9948
ATTEST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Bur'natette Norris -Weeks, P.A.
City Attorney
Moved by: Commissioner Davis
Seconded by: Vice Mayor Taylor
VOTE:
5-0
Commissioner Bass YES
Commissioner Davis YES
Commissioner Dominguez YES
Vice Mayor Taylor YES
Mayor Williams YES
3
City of Opa-locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Director
Signature:
City
Manager:
John E. Pate
CM Signature:
Commission
Meeting
Date:
01/12/2022
Item Type:
(EnterX in box)
Resolution
rd ance
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:
Account# :
(Enter Fund & Dept.)
Ex:
Advertising Requirement:
(EnterX 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:
•
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
•
•
IN
0
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
Engineering Design Services Water Main Extension & Fire Hydrant Addition
Project No. 2022-12-001
Staff Summary:
The City Commission is requested to authorize the City Manager to accept the fee proposal from H.W. Lochner,
Inc, and enter into an agreement with the firm to provide engineering services for the water main extension
from Opa-Iocka Boulevard to Superior Street to facilitate a new fire hydrant at the northwest corner of Ahmad
and Superior Streets.
A project to build a gas station on Superior Street was approved by the City Commission on October 9, 2019.
Florida law requires that any business property, especially a gas station, must have a fire hydrant within 300
feet of said property. At the pre -construction meeting held on December 16, 2021, the City was informed that
the property would be completed by March, 2023. As such, it is imperative that we construct the necessary
fire protection to place it within 300 feet of this property.
H. W. Lochner, Inc. is one of the engineering consulting firms selected through 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.
Financial Impact
Account
Description
Available
Project
Remaining
Balance
105-TBD
ARPA Fund Balance
$3,978,531
$13,046
$3,965,485
TBD
Water Main Extension
$13,046
$13,046
-
The proposal is for $11,860.00 plus possible variable minor additional expense. It is recommended an
expenditure of $1,186.00 be approved to allow for additional minor services which may arise. This project is
one of the projects the City Commission recommended to be funded by the American Rescue Plan Act (ARPA)
grant at the November ARPA workshop. It is estimated that the project will cost $175,000 to design and
construct.
Proposed Action:
Staff recommends the City Commission authorize the City Manager to sign a contract with H.W. Lochner, Inc.
for $11,860 for designing, permitting and bidding assistance in conjunction with the water main extension to
install a new fire hydrant at the northwest corner of Ahmad and Superior Streets. Staff further recommends
the City Commission authorize a $1,186 contingency for minor additional costs which may arise.
Attachment: I
1. Agenda
2. Proposal provided by H.W. Lochner Inc dated as October 13, 2021
3. Resolution # 20-9767, accepting BID proposal for continuing professional architectural and
engineering consulting services pursuant to RFQ 20-0324200
4. Resolution # 19-9709
5. Contract Agreement between N.W. Lochner, Inc and the City of Opa-locka
LOCHNER
CONSULTANT WORK ORDER PROPOSAL
Water Main Extension and Fire Hydrant Addition for City of Opa-Locka
Date: October 13, 2021
Dear Mr. Airia Austin:
H.W. Lochner, Inc.
8750 NW 36th Street
Suite 360
Miami, FL 33178
T 305.503.9873
F 305.503.9882
hwlochner.com
HW Lochner, Inc. proposes to provide the services identified below for the project
entitled "Water Main Extension for Fire Hydrant Addition along Superior Street" for City
of Opa-Locka pursuant to RFQ No. 20-0324200 for Architectural and Engineering
Consulting Services, submitted on May 15, 2020.
I. GENERAL
The general objective for the Consultant is to provide professional engineering services
required for the design, permitting of the project, and to provide bidding assistance. The
project scope of work shall include water main extension from Opa Locka Blvd to
Superior St to facilitate a new Fire Hydrant at the northwest corner of Ahmad St and
Superior St.
Elements of work shall include water main plans design, plans production, coordination,
permitting, bid documents preparation. See attached map for the Fire Hydrant location.
All plans and design documents are to be prepared with Standard English values in
accordance with applicable City of Opa-Locka manuals and guidelines, as well as the
applicable Miami -Dade County Public Works Manual, Miami -Dade County Water and
Sewer Department standards, and Miami -Dade County DERM standards.
II. SCOPE OF WORK
Project Activity 1: Project Management
Task No. 1 Project Management
This task includes general project management services to execute the project scope of
work including meetings with the City, sub -consultant management, schedule
management, project supervision and coordination, quality control of the project.
Project Activity 2: Preliminary Engineering
Task No. 2 Preliminary Engineering
This task includes surveying (by sub -consultant), preliminary utility coordination, field
visits, preliminary design plans. The project plans shall include a Cover Sheet,
preliminary WM layouts, engineering details, and general notes.
LOCHNER
Date: October 13, 2021
Work Order Proposal Page 2
Project Activity 3: Final Engineering
Task No. 3 Final Engineering
This task includes preparation of final design plans, implementing City comments and
resolution, quantity and cost estimate, technical specifications. Technical specifications
will only be provided within the project construction plans.
Project Activity 4: Permitting
Task No. 4. Permitting
Includes the following permits and approvals as applicable.
• City of Opa-Locka Public Works Department Permits
Includes efforts to coordinate with the permitting agencies and RFI responses to obtain
applicable permits. Permit Application fees are not included in the stipulated
compensation.
Project Activity 5: Bidding Assistance
Task No. 5 Bidding Assistance
This task includes review of front-end documents (prepared by City), Bid Form, pre -bid
meeting attendance, responses to bidder's RFI questions, limited bid evaluation.
III. SUB -CONSULTANTS
Sub -consultant for topographic survey is required for the proposed work effort.
IV. SCHEDULE OF WORK — TIME OF PERFORMANCE
A schedule, indicating actual delivery dates, will be provided to the City upon receipt of
the NTP.
V. COMPENSATION
Consultant shall perform the Work detailed in this Proposal for a Total fee of Eleven
Thousand Eight Hundred Sixty Dollars and Zero Cents ($11,860.00). The City shall be
liable for any permit application fee, and reimbursable expenses, Cost breakdown is
shown below.
LOCHNER
Date: October 13, 2021
Work Order Proposal Page 3
Water Main Extension and Fire Hydrant Addition
Task
Sub -
Consultant
Task Subtotal
Civil Engineering
Services
Survey
Services
Task Subtotal
Task Subtotal
1
Project Management
$1,980.00
$1,980.00
2
Preliminary Engineering
52,190.00
$3,700.00
$5,890.00
3
Final Engineering
$2,130.00
$2,130.00
4
Permitting
$1,140.00
$1,140.00
5
Bidding Assistance
$720.00
$720.00
Total Amount
$8,160.00
$3,700.00
$1 1,860.00
VII. DATA PROVIDED BY CITY
The following information or documents are to be provided by the City, if available:
Water Main As-Builts, Drainage As-Builts, Sanitary Sewer As-builts, and other City
owned facilities.
VIII. EXCLUSION
This Proposal does not include geotechnical services, contamination assessment, SUE
or soft digs, post -design services, nor Construction Engineering and Inspections (CEI)
services.
VIII. PROJECT MANAGER
CONSULTANT'S Project Manager for this Work Order assignment will be Mohammed
Sharifuzzaman, PE.
IX. FIRE HYDRANT LOCATION EXHIBIT
LOCHNER
Date: October 13, 2021
Work Order Proposal Page 4
WATERMAIN EXTENSION for FIRE HYDRANT INSTALLATION
at AHMAD ST. and SUPERIOR ST. INTERSECTION
CONSULTANT'S Project Manager for this Work Order assignment will be Mohammed
Sharifuzzaman, PE.
Submitted by:
Edwin Mojena, PE, Vice -President
HW Lochner, Inc. 1
Reviewed and approval in concept
Recommended by:
Mr. Airia Austin
City of Opa-Locka Public Works Director
Sponsored by: City Manager
RESOLUTION NO. 19-9709
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF
THE DEVELOPMENT AGREEMENT FOR THE
CONSTRUCTION OF A RETAIL CENTER ON THE EIGHT
PARCEL SITE BOUNDED BY SUPERIOR STREET, NW 27m
AVENUE AND OPA LOCKA BOULEVARD ON THE PARCELS
IDENTIFIED BY FOLIOS 08-2121-007-2680, 08-2121-007-2690, 08-
2121 -007-2630,08-2121-007-2650,08-2121-007-2660,08-2121-007-2670,
08-2121-013-2010 and 08-2121-013-2020 IN THE B-2 ZONING
DISTRICT. PROVIDING FOR APPROVAL; PROVIDING FOR
SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to the City's Code of Ordinance and the City's Land
Development Regulations, Ordinance 15-31, the City Commission has the power to
approve, approve with conditions or deny any Development Agreement, and
WHEREAS, the applicant appeared and has presented their formal application
request, all evidence, documents, and marked exhibits before the Planning & Zoning
Board on June 4, 2019 pursuant to the City Code of Ordinance and the City Zoning
Regulations, and
WHEREAS, the Planning & Zoning Board after reviewing the presentation and
having additional discussions motioned and seconded this request for development
agreement approval at the June 4, 2019 meeting by a 5 to 0 vote, and
WHEREAS, the City Land Development Regulations, Ordinance 15-31, Section
22-49 G. provides that all recommendations and findings of fact by the Planning &
Zoning Board shall be placed on the next available regular City Commission meeting
agenda in compliance with notice requirements.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. Recitals.
Resolution No. 19-9709
The above recitals are true and correct and are incorporated into this Resolution
by reference.
Section 2. The City Commission of the City of Opa-locka approves / denies
this request from TNJ Realty, LLC for development agreement review for the
construction a retail center on the eight parcel site bounded by Superior Street,
NW 27th Avenue and Opa Locka Boulevard, including the alleyways, on the
parcels identified by folios 08-2121-007-2680, 08-2121-007-2690, 08-2121-007-2630,
08-2121-007-2650, 08-2121-007-2660, 08-2121-007-2670, 08-2121-013-2010 and 08-
2121-013-2020 in the B-2 zoning district, Opa-locka, FL 33054.
Section 3. Conditions.
1. Owner shall host job fairs before and during the construction phase of the
development project for construction jobs.
2. Owner agrees to employ City of Opa-Locka residents through the assistance
of the Career Source South Florida Office or a similar office designated by
City if said office ceases to exist. Owner shall require that all contractors and
all their subcontractors employ Opa-Locka residents through the assistance of
the Career Source South Florida Office, in coordination with the City of Opa-
Locka, and in accordance with the Memorandum of Understanding between
the City of Opa-Locka and Career Source South Florida.
3. Owner agrees to use best efforts to encourage any and all tenants to utilize
the Career Source Florida in efforts to hire residents of the City of Opa-Locka.
4. The Owner agrees to host job fairs after construction of the building for
building (business) operations and job hiring on the site once construction is
completed.
5. All other conditions set forth in the Development Agreement attached hereto
as Exhibit "A".
Section 4. Effective Date.
This Resolution shall take effect immediately upon adoption by the City
Commission of the City of Opa-locka.
PASSED AND ADOPTED this 9th day of October, 2019.
Burnadette/Norris-Weeks, P.A.
Resolution No. 19-9709
Matthew A. Pigatt, Mayor
ATTEST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attorney
Moved by: Commissioner Kelley
Seconded by: Commissioner Burke
VOTE: 4-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis ABSENT
Mayor Pigatt YES
PROJECT AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF
OPA-LOCKA AND
H.W. LOCHNER INC
PROJECT NO. 2022-12-001
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. Op-locka FL. 33054 (the "City"), and H.W. LOCHNER INC (the "Consultant"), a Florida
corporation authorized to conduct business in the State of Florida, with principal offices located
at 225 w. Washington Street, 12th floor. Illinois, 60606.
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 Engineering Design Services for Water Main Extension from Opa-locka Boulevard to
Superior Street and Fire Hydrant Addition at the northwest corner of Ahmad and Superior
Streets.
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;
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Civil Engineering Services
1.2 A Scope of Services request completed by the Consultant and
accepted by the City, attached hereto as Attachment "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 Eleven Thousand Eight Hundred Sixty Dollars
($11,860.00) 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.
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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.
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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:
H.W. Lochner Inc
225 W. Washington Street
12th Floor
Illinois, 60606
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
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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.
17.4 Consultant acknowledges that the public shall have access, at all
reasonable times, to certain documents and information pertaining to City contracts,
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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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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
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.
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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: H.W. LOCHNER INC
By:
Authorized Representative
Print Name Print Name
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Date
Corporate Seal:
Civil Engineering Services
ATTACHMENT "A"
Consultant Scope of Work and Fee Proposal dated October 13, 2021 to provide engineering
services for the design and preparation of a complete set of construction contract plans for
the Engineering Design Services for Water Main Extension from Opa-locka Boulevard
to Superior Street and Fire Hydrant Addition at the northwest corner of Ahmad and
Superior Streets for the amount of Eleven Thousand Eight Hundred Sixty Dollars
($11,860.00)
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