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HomeMy Public PortalAbout22-9947 - SSN Engineering Pump Stations 9, 12, and 16Sponsored by: City Manager RESOLUTION NO. 22-9947 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SSN ENGINEERING, LLC. FOR CONTINUING PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONSULTING SERVICES FOR THE REHABILITATION OF PUMP STATIONS 9, 12, AND 16, WITHIN THE CITY, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00), WITH AN ADDITIONAL FIFTEEN THOUSAND ($15,000.00) CONTINGENCY BUDGET; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-Locka ("City") desires to rehabilitate pump stations 9,12 and 16, within the City as these pump stations are obsolete facilities. Pump Station 9 is located at the intersection of NW 151st Street and Seaman Avenue. Pump Station 12 is located near the intersection of NW 46th Avenue and NW 128th Street. Pump Station 16 is located near the intersection of NW 43rd Avenue and NW 133rd Street. Pump Stations 12 and 16 are above ground, and Pump Station 9 is a dry pit pump. The rehabilitation will upgrade these stations to submersible pumps and increase the capacity to meet current and future service needs; and WHEREAS, on June 10, 2020, the City Commission of the City of Opa-Locka ("Commission") accepted bid proposals from several firms for continuing professional architectural and engineering consulting services pursuant to RFQ No. 20-0324200. The Commission further authorized the City Manager to enter into multiple agreements for architectural and engineering consulting services as provided therein; and WHEREAS, more specifically, the City Commission approved entering an agreement with SSN Engineering, LLC. for utilities engineering services; and WHEREAS, the City further desires to enter into an agreement with SSN Engineering, LLC. to rehabilitate Pump Stations 9, 12 and 16, within the City, in a total amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) and pursuant to the proposal attached hereto as Exhibit "A". The City Manager recommends an additional expenditure of Fifteen Thousand Dollars ($15,000.00) be approved to allow for additional minor services 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 SSN Engineering, LLC., attached hereto as Exhibit "B", for Continuing Professional Architectural and Engineering Consulting Services as set forth herein. Resolution No. 22-9947 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-Locka hereby authorizes the City Manager to enter into an agreement with SSN Engineering, LLC., attached hereto as Exhibit "B", for continuing professional architectural and engineering consulting services to rehabilitate Pump Stations 9,12 and 16, within the City, pursuant to the project proposal, attached hereto as Exhibit "A". SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall be effective immediately upon adoption hereof and approval by the Governor of the State of Florida or Governor's designee. PASSED and ADOPTED this 12th day of January, 20 eronica J. Williams, Mayor ATTEST: OLW Jo . a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burn.dto Norris- eeks, P.A. City Attorney 2 Resolution No. 22-9947 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: I di. PJ4. City Manager: John E. Pate CM Signature: Commission Meeting Date: 01/12/2022 Item Type: (Enter X in box) Resolution r nance Other X Fiscal Impact: (EnterXin box) Yes No Ordinance Reading: (Enter X in box) I.st Reading 2" Reading X Public Hearing: (Enter X in box) Yes No Yes No }( j{ Funding Source: Account# : (Enter Fund & Dept.) Ex: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (EnterXin box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: 0 0 mi Strategic Plan 0bj./Strategy: (list the specific objective/strategy this item will address) X • 0 Sponsor Name City Manager Department: City Manager Short Title: Engineering Design Services for the Rehabilitation of Pump Stations 9, 12, and 16 Project No. 2022-07-001 Staff Summary: The City Commission is requested to authorize the City Manager to accept the fee proposal from SSN Engineering and enter into an agreement with the firm to provide engineering services for the rehabilitation of Pump Stations 9, 12, and 16, which are located in the following locations withing the City: Pump Station 9 is located at the intersection of NW 151st Street and Seaman Avenue. Pump Station 12 is located near the intersection of NW 46th Avenue and NW 128th Street Pump Station 16 is located near the intersection of NW 43rd Avenue and NW 133rd Street These pump stations are very obsolete facilities. Pump Stations 12 and 16 are above ground, and Pump Station 9 is a dry pit pump. We are upgrading these stations to submersible pumps and increasing the capacity to meet current and future service needs. SSN Engineering 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 $3,965,485 $165,000 $3,800,485 XX-535635 PS #9 Improvement $55.000 $55.000 - XX-5356317 PS #12 Improvement $55.000 $55.000 - XX-TBD PS #16 Improvement $55.000 $55.000 - The proposal is for $150,000.00 plus possible variable minor additional expense. It is recommended an expenditure of $15,000.00 be approved to allow for additional minor services which may arise. These projects are three 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 to design and construct these projects will cost $670,000, $720,000, and $720,000 respectively. Proposed Action: Staff recommends the City Commission authorize the City Manager to sign a contract with SSN Engineering for $150,000 for designing, permitting and engineering construction services in conjunction with the rehabilitation of Pump Stations 9, 12 and 16. Staff further recommends the City Commission authorize a $15,000 contingency for minor additional costs which may arise. Attachment: 1. Agenda 2. Proposal provided by SSN Engineering dated as October 28, 2021 3. Resolution # 20-9767, accepting BID proposal for continuing professional architectural and engineering consulting services pursuant to RFQ 20-0324200 4. Contract Agreement between SSN Engineering and the City of Opa-locka ENGINEERING (954) 944-3272 (561) 951-3864 O www.ssnengineering.com ®0 rsiddique@ssnengineering.com O October 28, 2021 Airia Austin City of Opa-locka Public Works & Utilities Department 12950 Lejeune Rd., Opa-locka, FL 33054 RE: PROPOSAL FOR CIVIL ENGINEERING SERVICES Pump Station 9, 12, and 16 Design and Permitting Mr. Austin: SSN Engineering, Inc ("SSN") is pleased to submit this letter agreement (the "Agreement") to City of Opa- locka ("Client") for professional Civil Engineering Consulting services for the above referenced project. The proposed engineering services will be provided in accordance with the terms and conditions set forth herein. PROJECT UNDERSTANDING We understand that the city would like to rehab the pump stations 9, 12, and 16 to satisfy current demand. The Pump Station 9 is located at the intersection of NW 151st St and Seaman Ave, Pump Station 12 is located near the intersection of NW 46th Ave and NW 128th St, and Pump Station 16 is located near the intersection of NW 43rd Ave and NW 133rd Street. SSN will provide civil design, permitting, construction phase and certification services required to develop the project. We have structured our proposal to be consistent with the processes required by Local, State and Federal requirements. Our proposed scope of services, schedule and fee are as follows: SCOPE OF SERVICES SCOPE PART— 1: DATA COLLECTION AND SITE VISITS SSN Engineering Staff will collect and review all available information such as records, maps, aerials, surveys, easements, ROW records, plans, record drawings, and standards that may be pertinent to execution of this project. We will also review all requirements of all agencies having jurisdiction over the project. We will collect and review any other information that may have a bearing and impact on the planning, design, approval, permitting, construction, or operation of this project. SCOPE PART— 2: CONSTRUCTION DOCUMENTS SSN will prepare the construction documents that will comply with all jurisdictional agency requirements. SSN Engineering will produce the Engineering plans and Calculations for the design of pump station and force main in conformance with Local, State, and Federal regulations and/ or codes, which will be prepared to a level suitable to submit with permit applications for agency review. SCOPE PART -3: PERMITTING SSN will prepare permit applications with supporting documentation for subsequent transmittal to the following jurisdictional regulatory agencies: A. City of Opa-locka — Engineering B. Miami -Dade Water and Sewer Department (MD-WASD) C. Miami -Dade RER Wastewater Section D. During the permitting review phase of the project, we will follow up with the review agencies and provide response to reasonable requests for additional information. SCOPE PART -4: ENGINEERING SERVICES DURING CONSTRUCTION SSN Engineering will provide engineering services during construction phase. Some of the responsibilities include Responding to Requests for Information (RFI), Reviewing contractor shop drawings and submittals, conducting periodic site visits, Witness testing in the field, Preparation of project punch -lists for incomplete items, Attendance to pre -final and final inspections, Issue letter of substantial completion, and certify the pump stations. ADDITIONAL SERVICES If an unforeseen issue should arise, the Consultant remains available to provide additional services as requested by the Client based on our hourly rates. INFORMATION PROVIDED BY CUEN1 The following information shall be provided to SSN Engineering, LLC, on which it can rely to complete the scope of services: A. Topographic and Boundary Survey of the Site in AutoCAD format B. Signatures on required applications C. Permit and application fees D. Existing Pump Station Data SCHEDULE We will provide our services in an expeditious and orderly manner to meet the schedule mutually developed by the Client and Consultant for the various elements of the project. FEE AND BILLING We will provide services outlined above based on lump sum fee stated below: ESTIMATED LUMP SUM FEE ... $ 150,000.00 ADDITIONAL SERVICES $ 120/Hour If you concur in the foregoing and wish to direct us to proceed with the services, please execute the enclosed copy of this letter agreement in the space provided and return the same to the undersigned. We appreciate this opportunity to submit this letter agreement. Please contact me at 561-951-3864 if you have any questions. Sincerely, c;1 „ SSN ENGINEERING, LLC CITY OF OPA-LOCKA RUBEL SIDDIQUE, PE ATRIA AUSTIN Agreed to this 14 day of December , 2021. w NW ; ]:5-1st.ST_ • SHARAZAD-BLVD_--- PJ� z V; 3 OPA'L"OCKA BLV D ' NW 135th ST` o Or Q F. / J� n O 2 G) a m PUMP STATIONS 9, 12 & 16 REHABILITATION PROJECT =41111.1.11IN ENGINEERING (954) 944-3272 (561) 951-3864 O www.ssnengineering.com rsiddique@ssnengineering.com O October 28, 2021 Airia Austin City of Opa-locka Public Works & Utilities Department 12950 Lejeune Rd., Opa-locka, FL 33054 RE: PROPOSAL FOR CIVIL ENGINEERING SERVICES Pump Station 9, 12, and 16 Design and Permitting Mr. Austin: SSN Engineering, Inc ("SSN") is pleased to submit this letter agreement (the "Agreement") to City of Opa- locka ("Client") for professional Civil Engineering Consulting services for the above referenced project. The proposed engineering services will be provided in accordance with the terms and conditions set forth herein. PROJECT UNDERSTANDING We understand that the city would like to rehab the pump stations 9, 12, and 16 to satisfy current demand. The Pump Station 9 is located at the intersection of NW 151St St and Seaman Ave, Pump Station 12 is located near the intersection of NW 46th Ave and NW 128th St, and Pump Station 16 is located near the intersection of NW 43rd Ave and NW 133rd Street. SSN will provide civil design, permitting, construction phase and certification services required to develop the project. We have structured our proposal to be consistent with the processes required by Local, State and Federal requirements. Our proposed scope of services, schedule and fee are as follows: SCOPE OF SERVICES SCOPE PART -1: DATA COLLECTION AND SITE VISITS SSN Engineering Staff will collect and review all available information such as records, maps, aerials, surveys, easements, ROW records, plans, record drawings, and standards that may be pertinent to execution of this project. We will also review all requirements of all agencies having jurisdiction over the project. We will collect and review any other information that may have a bearing and impact on the planning, design, approval, permitting, construction, or operation of this project. SCOPE PART -2: CONSTRUCTION DOCUMENTS SSN will prepare the construction documents that will comply with all jurisdictional agency requirements. SSN Engineering will produce the Engineering plans and Calculations for the design of pump station and force main in conformance with Local, State, and Federal regulations and/ or codes, which will be prepared to a level suitable to submit with permit applications for agency review. SCOPE PART -3: PERMITTING SSN will prepare permit applications with supporting documentation for subsequent transmittal to the following jurisdictional regulatory agencies: A. City of Opa-locka — Engineering B. Miami -Dade Water and Sewer Department (MD-WASD) C. Miami -Dade RER Wastewater Section D. During the permitting review phase of the project, we will follow up with the review agencies and provide response to reasonable requests for additional information. SCOPE PART -4: ENGINEERING SERVICES DURING CONSTRUCTION SSN Engineering will provide engineering services during construction phase. Some of the responsibilities include Responding to Requests for Information (RFI), Reviewing contractor shop drawings and submittals, conducting periodic site visits, Witness testing in the field, Preparation of project punch -lists for incomplete items, Attendance to pre -final and final inspections, Issue letter of substantial completion, and certify the pump stations. ADDITIONAL SERVICES If an unforeseen issue should arise, the Consultant remains available to provide additional services as requested by the Client based on our hourly rates. INFORMATION PROVIDED BY CLIEN1 The following information shall be provided to SSN Engineering, LLC, on which it can rely to complete the scope of services: A. Topographic and Boundary Survey of the Site in AutoCAD format B. Signatures on required applications C. Permit and application fees D. Existing Pump Station Data SCHEDULE We will provide our services in an expeditious and orderly manner to meet the schedule mutually developed by the Client and Consultant for the various elements of the project. FEE AND BILLING We will provide services outlined above based on lump sum fee stated below: ESTIMATED LUMP SUM FEE $ 150,000.00 ADDITIONAL SERVICES $ 120/Hour If you concur in the foregoing and wish to direct us to proceed with the services, please execute the enclosed copy of this letter agreement in the space provided and return the same to the undersigned. We appreciate this opportunity to submit this letter agreement. Please contact me at 561-951-3864 if you have any questions. Sincerely, SSN ENGINEERING, LLC CITY OF OPA-LOCKA RUBELSIDDIQUE, PE AIRIAAUSTIN Agreed to this 14 day of December 2021. —NW"142rid"St / W=1"5j st,ST SHARAZAD-BLV .D N W 135ttS ST � O r Q ni ui co, 47 m z a m -OPR 'L'OCKA BLVD PUMP STATIONS 9, 12 & 16 REHABILITATION PROJECT PROJECT AGREEMENT FOR DESIGN SERVICES BETWEEN THE CITY OF OPA-LOCKA AND SSN ENGINEERING, LLC PROJECT NO. 2022-07-001 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. Opa-locka FL. 33054 (the "City"), and SSN ENGINEERING LLC (the "Consultant"), a Florida corporation authorized to conduct business in the State of Florida, with principal offices located at 3500 N. State Road 7, Suite 213-4. Lauderdale Lakes, FL 33319. 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 professional engineering consulting services (known as the "Project", the "Services" or the "Scope of Services") and to engineering design services for the rehabilitation of Pump Stations 9, 12, and 16. 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 One Hundred Sixty -Five Thousand Dollars ($165,000.00) 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: Civil Engineering Services Siddique Rubel SSN Engineering, LLC 3500 N State Road 7 Suite 213-4 Lauderdale Lakes, FL 33319 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 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 Page 5 of 9 Civil Engineering Services reasonable times, to certain documents and information pertaining to City contracts, pursuant to the provisions of Chapter 119, Florida Statutes. Consultant agrees to maintain public records in Consultant's possession or control in connection with Consultant's performance under this Agreement and to provide the public with access to public records in accordance with the record maintenance, production and cost requirements set forth in Chapter 119, Florida Statutes, or as otherwise required by Law. Consultant shall ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by Law, for the duration of this Agreement and following completion of this Agreement until the records are transferred to the City. 17.5 Unless otherwise provided by Law, any and all reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City. Upon completion of this Agreement or in the event of termination by either party, any reports, photographs, surveys and other data and documents and all public records prepared by, or in the possession or control of Consultant, whether finished or unfinished, shall become the property of City and shall be delivered by Consultant to the City Manager, at no cost to the City, within seven days of termination of this Agreement. All such records stored electronically by Consultant shall be delivered to the City in a format that is compatible with the City's information technology systems. Upon completion or termination of this Agreement, Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure. Any compensation due to Consultant shall be withheld until all documents are received as provided herein. Consultant's failure or refusal to comply with the provisions of this Section shall result in the immediate termination of this Agreement by the City. 17.6 Upon request by City's records custodian, provide City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 953-2821, OR BY MAIL: CITY OF OPA-LOCKA - CITY CLERK'S OFFICE, 780 FISHERMAN STREET, 4TH FLOOR. OPA-LOCKA FL 33054. 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 Page 6 of 9 Civil Engineering Services 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. 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: Page 7 of 9 Civil Engineering Services ATTEST: CITY OF OPA-LOCKA Joanna Flores, City Clerk Approved as to form and legal sufficiency only: City Attorney Burnadette Norris -Weeks, PA By: John Pate City Manager Dated: FOR CONSULTANT: WITNESS: SSN ENGINEERING, LLC By: Siddique Rubel Authorized Representative Print Name Print Name Page 8 of 9 Civil Engineering Services Date Corporate Seal: ATTACHMENT "A" Consultant's Scope of Services and Fee Proposal dated October 28, 2021 to provide professional engineering consulting services required to rehabilitation Pump Stations 9, 12, and 16 for the amount of One Hundred Sixty -Five Thousand and 00/100 ($165,000.00) Civil Engineering Services Page 9 of 9