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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; 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 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. 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 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 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: 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 Page 4 of 9 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, 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. Page 6 of 9 Civil Engineering Services 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. 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: H.W. LOCHNER INC By: Authorized Representative Print Name Print Name Page 8 of 9 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) Page 9 of 9 Civil Engineering Services