HomeMy Public PortalAboutResolution No. 23-050 - Provide Engineering Services to Perform Feasibility Study for 12 st CanalSponsored by: Interim City Manager
RESOLUTION NO. 23-050
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, ACCEPTING THE PROPOSAL
OF H.W. LOCHNER INC. TO PROVIDE ENGINEERING
PROFESSIONAL SERVICES TO PERFORM A FEASIBILITY
STUDY FOR THE 127TH STREET CANAL PROJECT;
FURTHER AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH H.W. LOCHNER
INC., IN AN AMOUNT OF EIGHTY-ONE THOUSAND FIVE
HUNDRED FIFTY DOLLARS ($81,550.00), WITH A
CONTINGENCY BUDGET OF SIX THOUSAND FOUR
HUNDRED FIFTY DOLLARS ($6,450.00); PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka ("City") desires to acquire professional
engineering services to perform a study of proposed canal restoration for the NW
127th Street Canal project, including historical documents and review of reports,
review, As-builts/ Atlas and Maps review, preliminary utility coordination,
surveying geotechnical investigation, environmental assessment, prepare
preliminary engineering plans for canal restoration, hydrologic and hydraulic
modeling/calculations as well as construction cost estimate; and
WHEREAS, on June 10, 2020, through Resolution #20-9767, the City
Commission for 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 to conduct a feasibility
study of the proposed canal restoration of NW 127th Street Canal project, pursuant to
the proposal attached hereto as Exhibit "A", in an amount not to exceed Eighty -One
Thousand Five Hundred Fifty Dollars ($81,550.00); and
Resolution No. 23-050
WHEREAS, the City Manager recommends an additional expenditure of Six
Thousand, Four Hundred Fifty Dollars ($6,450.00) 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 conduct a feasibility study of the proposed canal restoration of NW
127th Street Canal project, in an amount not to exceed Eighty -One Thousand Five
Hundred Fifty Dollars ($81,550.00), pursuant to the proposal attached hereto as
Exhibit "A", in addition to a contingency budget of Six Thousand Four Hundred Fifty
Dollars ($6,450.00).
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, following review by the City Attorney, without the need for
public hearing, by filing a corrected copy of same with the City Clerk.
Section 4. This Resolution shall take effect upon the adoption and is subject to the
approval of the Governor or Governor's Designee.
PASSED and ADOPTED this 26th day of April, 2023.
John H. Taylor Jr., Mayor
2
Resolution No. 23-050
TTEST:
a Flores, City Clerk
APPROVED AS TO FORM
AND LEGAL
SUFFICIENCY:
B dette N9 ris-Weeks, P.A.
Ci y Attorney
Moved by: Commissioner Kelley
Seconded by: Commissioner Williams
VOTE: 5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
3
City of Opa-locka
Agenda Cover Memo
Department
Manager:
Adelina Gross
Department
Manager
Signature:
t °srorea by:
I . .41..... a.....
EC592 FF 474...
Interim City
Manager:
Darvin Williams
CM Signature:
(U,1 __
(/� , ��(/
Commission
Meeting
Date:
04/28/2023
Item Type:
(EnterX in box)
Resolution
rdinance
Other
X
Fiscal
Impact:
(EnterX in box)
Yes
No
Ordinance Reading:
(EnterX in box)
id Reading
2nd Reading
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
X
Funding
Source:
Accounc# :
(Enter Fund & Dept.)
Ex:
See Financial
Impact Section
Advertising Requirement:
(EnterX in box)
Yes
No
X
Contract/P.O.
Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Area:
•
Strategic Plan Obj./Strategy:
(fist the specific objective/strategy this
item will address)
Economic Development,
Public Safety, Quality of life &
City Image
X
•
•
0
Sponsor
Name
City Manager
Department:
Capital Improvements Program
Sponsor Name
City Manager
Short Title:
Feasibility Study NW 127th Street Canal
Staff Summary:
A resolution from the City Commission of the City of Opa-locka, Florida to authorize the Interim City Manager
to accept the fee proposal from H. W. Lochner, Inc. to provide engineering professional services required for
the study of the proposed canal restoration of NW 127th Street Canal project, including historical
documents/reports review, As-builts/Atlas and Maps review, preliminary utility coordination, surveying
geotechnical investigation, environmental assessment, preliminary engineering plans for canal restoration,
hydrologic and hydraulic modeling/calculations, construction cost estimate. This project deliverable will
include a Feasibility Report for Canal Restoration including geotechnical and environmental reports.
The general objectives of this project are the following:
1. Feasibility study for NW 127th Street Canal restoration between railroad corridor to the west and NW
132nd Ave to the east (Approximately 2,680 LF).
2. Evaluation and assessment of all proposed project activities in accordance with Section V.C.2 under the
Federal Register Notice (84 FR 45838), Requirements for Flood Control Structures.
3. Assessment of the potential flood mitigation benefit for this project as it pertains to the 127th Street
Canal.
4. Identification of contaminants with assessment on best practices for disposal in accordance with the
Solid Waste Disposal Act and the Federal Water Pollution Control Act.
5. Provide details on any additional pertinent information obtained during the feasibility study.
6. Based on results of the feasibility study, the City will provide an updated scope of work, budget, and
project schedule for DEO review and approval before proceeding to next phase of the project.
The proposal is for $81,550.00. It is recommended a contingency of $6,450 be approved to allow for additional
services/permit fees which may be associated with the project, for a total of $88,000.00
Account
Description
Available *
Project
Remaining
Balance
Project
87-
NW 127th Street Canal
5386334
(Feasibility Study)
$81,550
$81,550
—
Contingency
87-
NW 127th Street Canal
5386334
(Feasibility Study)
$ 6,450
$ 6,450
—
Total Project
$88,000
* To be funded in Budget Amendment #3 with funding coming from the Stormwater Operating Fund Available
Fund Balance
Proposed Action:
Staff recommends the City Commission authorize the Interim City Manager to enter into an agreement with
H.W. Lochner, Inc. to perform a feasibility study for the 127th St Canal Project for $81,550.00 and to also
authorize the establishment of a contingency of $6,450.00 for additional services/permit fees which may be
associated with the project, for a total of $88,000.00.
Attachment:
1. Agenda
2. Proposal provided by H. W Lochner
3. Map of Project Area
4. Resolution # 20-9767, accepting BID proposal for continuing professional architectural and
engineering consulting services pursuant to RFQ 20-0324200
5. Contract Agreement between H.W. Lochner Inc. and the City of Opa-locka
LOCHNER
CONSULTANT WORK ORDER PROPOSAL
NW 127th Street Canal Restoration (Feasibility Study)
Date: March 13, 2023
Dear Ms. Adelina Gross,
H.W. Lochner. Inc.
8750 NW 36' Street
Suite 360
Miami, FL 33178
T 305.503.9873
F 305.503.9882
hwlochner.com
H.W. Lochner, Inc. proposes to provide the services identified below for the project
entitled "NW 127th Canal Restoration — Feasibility Study" 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 feasibility study of proposed canal restoration project including historical
documents/reports review, As-builts/Atlas Maps review, preliminary utility coordination,
surveying, geotechnical investigation, environmental assessment, preliminary
engineering plans for canal restoration, hydrologic and hydraulic modeling/calculations,
construction cost estimate. Project deliverable will include the Feasibility Report for
Canal Restoration including geotechnical and environmental reports.
The general objectives of the scope of services are as follows:
1. Feasibility study for NW 127th Street Canal restoration between railroad corridor
to the west and NW 132nd Ave to the east (Approximately 2680 LF).
2. Evaluation and assessment of all proposed project activities in accordance with
Section V.C.2 under the Federal Register Notice (84 FR 45838), Requirements for
Flood Control Structures.
3. Assessment of the potential flood mitigation benefit for this project as it pertains
to the 127th Street Canal.
4. Identification of contaminants with assessment on best practices for disposal in
accordance with the Solid Waste Disposal act and the Federal Water Pollution Control
Act.
5. Provide details on any additional pertinent information obtained during the
feasibility study.
6. Provide clarity on one of the three possible outcomes: (1) project is feasible or (2)
project is feasible with remedy alternatives or (3) project is not feasible and would not
result in a flood mitigation benefit.
7. Based on results of the feasibility study, the City should provide an updated
scope of work, budget, and project schedule for DEO review and approval before
proceeding to next phase of the project.
1,1
Work Order Proposal
II. SCOPE OF WORK
Page 2
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 staff, sub -consultants 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 as-builts review, previous study report review, preliminary utility
coordination, field visits, H&H (Hydrologic and Hydraulic) modeling, preliminary layout
plans, and preliminary cost estimates.
Project Activity 3: Surveying
Task No. 3 Surveying
The surveys will be prepared in accordance with the Standard of Practice requirements
for Surveying and Mapping in the State of Florida as set forth by Chapter 5J-17 of the
Florida Administrative Code, pursuant to Florida Statues Chapter 472.027. The survey
work will be performed by a sub -consultant and scope will be determined by LOCHNER
design professionals.
Project Activity 4: Geotechnical Engineering
Task No. 4 Geotechnical Engineering
Lochner shall obtain geotechnical engineering services, and shall be performed by a
sub -consultant. Scope and fees are attached with this proposal.
Project Activity 5: Environmental Assessment
Task No. 5 Environmental Assessment
Lochner shall obtain environmental services, and shall be performed by a sub -
consultant. Scope and fees are attached with this proposal.
Project Activity 6: Feasibility Report
Task No. 6. Feasibility Report
This task includes preparation of final report, details, exhibits, cost estimates,
recommendations for optional improvements. City review comments as applicable will
be implemented.
LOC H N ER
Work Order Proposal Page 3
III. SUB -CONSULTANTS
Sub -consultants for geotechnical investigation, environmental assessment, and
surveying are required for the proposed work effort.
IV. SCHEDULE OF WORK — TIME OF PERFORMANCE
Consultant will submit the deliverable and perform the Services as stated in the table
below:
Schedule of Deliverables
Task, Sub-
Task or
Activity ID #
Major Task, Sub -Task Activity,
or Deliverable
Duration
(specify weeks
or calendar
days)
Delivery
(cumulative
weeks or calendar
days)
NTP
Notice to Proceed
Task 1
Project Management
N/A
N/A
Task 2
Preliminary Engineering
12 weeks
NTP+12 weeks
Task 3
Site visits/investigation/survey
8 weeks
NTP+ 8 weeks
Task 4
Geotechnical Engineering
8 weeks
NTP+ 8 weeks
Task 5
Environmental Assessment
12 weeks
NTP+12 weeks
Task 6
Feasibility Report
4 weeks
NTP+16 weeks
LOCHNER
Work Order Proposal
Page 4
V. COMPENSATION
Consultant shall perform the Work detailed in this Proposal for a Total fee of Eighty -One
Thousand Five Hundred Fifty Dollars and Zero Cents ($81,550.00). The City shall be
liable for reimbursable expenses. Final deliverable shall include the Feasibility Report,
and Preliminary Cost Estimate.
NW I:Rh Sin' 1lanJI1tes,o toon
I.J.X
Sub1'nnsuhant
I Jt1. Snnlinal
Civil §tgmeermg Sun[ a
Pride pal
Proiecl
Manager
M
Project Engineer
cad
Teeh
Tavk Subtotal
Qvl<ehnw,I
Ens anwmnWI
SURVEYING
I' mf Sulm441
517001
5100,11E
0105.011
081101
I
1'nijcel Manugencnl
6
40
011.02011
50.820.00
_
Prelutnnary Enginecnlg
40
411
40
$14.00.00
014.011141
t
5urveying
010.340.110
SI4.340.01,
S14.54101
1
(i otecbnical Illgineering
512.401.10)
012.401500
012:0111.1
5
bnvirnnnnnlal Assessment
57,700.11
$7390101
07201/111
R
i'nn.,bilily Ileport
101
40
5171.011.00
S1411M11U
I otaI Autumn
$42.070111
53935005
S714550.011
VI. DATA PROVIDED BY CITY
The following information or documents are to be provided by the City, if available:
Drainage As-Builts, and As-builts for other City owned facilities.
VII. EXCLUSION
This Proposal does not include Final engineering and technical specifications,
Construction Plans, Permitting, Grant application assistance/coordination, Bidding, Sub-
surface utility exploration, Construction Engineering and Inspections (CEI) services,
Post Design Services.
VIII. PROJECT MANAGER
CONSULTANT'S Project Manager for this Work Order assignment will be Mohammed
Sharifuzzaman, PE.
LOCHNER
Work Order Proposal Page 5
Submitted by:
Edwin Mojena, PE, Vice- rest
HW Lochner, Inc.
Reviewed and approval in concept
Recommended by:
Adelina Gross, CIP Manager
PROJECT AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF
OPA-LOCKA AND
H.W. LOCHNER INC
THIS PROJECT AGREEMENT (the "Agreement") is made and entered into this
day of , 2023 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")
to perform a feasibility study of the proposed canal restoration of NW 127th Street Canal project.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein, and the mutual covenants, terms and conditions provided below, the Consultant and the
City agree as follows:
1.
CONTRACT DOCUMENTS
The Contract Documents referred to in this Agreement shall be comprised of the
following:
1.1 This Agreement (the "Specific Projects" or "Project Agreement") between
the parties), including any General Terms and Conditions, Supplementary Conditions,
Statement of Work or any other provisions contained within this Agreement;
Page 1 of 8
Civil Engineering Services
1.2 A Scope of Services request completed by the Consultant and
accepted by the City, attached hereto as 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 Eighty -One Thousand Five Hundred Fifty Dollars
($81,550.00) 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 8
Civil Engineering Services
5.2 The Consultant shall provide periodic invoices to the City upon
completion of a substantial amount of Services relating to the Scope of Services
contained within this Agreement. Payment shall be made to the Consultant upon
approval of submitted invoices to the City.
6. TERMINATION
This Agreement may be terminated by the City for convenience upon ninety (90)
calendar days' written notice to the Consultant. In the event of such termination, any
Services performed by the Consultant under this Agreement shall, at the option of the
City, become the City's property, and the Consultant shall be entitled to receive
compensation for any work completed pursuant to this Agreement to the satisfaction
of the City up through the date of termination. Under no circumstances shall City make
payment for Services that have not been performed.
This Agreement may be terminated by either party for cause upon five calendar days'
written notice to the other should such other party fail to perform in accordance with its
material terms through no fault of the party initiating the termination. In the event the
Consultant abandons this Agreement or causes it to be terminated by the City, the
Consultant shall indemnify and save the City harmless against loss pertaining to this
termination. In the event that the Consultant is terminated by the City for cause and it
is subsequently determined by a court of competent jurisdiction that such termination
was without cause, such termination shall thereupon be deemed a termination for
convenience and the provisions in the paragraph above shall apply.
7. DEFAULT:
In the event of a default by Consultant, the default provisions contained in the
Continuing Services Agreement between the parties shall govern.
8. ANTI-LOBBYING/NO CONTINGENT FEE:
The provisions of Section 11 of the Continuing Services Agreement shall apply to this
Agreement.
9. WARRANTIES AND GUARANTEES:
9.1 The Consultant warrants that its Services are to be performed within the
limits prescribed by the City and with the usual thoroughness and competence of the
Consultant's architectural and/or engineering profession.
9.2 The Consultant shall be responsible for technically deficient designs,
reports or studies due to negligent acts, errors or omissions. The Consultant shall, upon
the request of the City, promptly correct or replace all deficient work due to negligent
acts, errors or omissions without cost to the City.
Page 3 of 8
Civil Engineering Services
10. BINDING EFFECT:
This Agreement shall bind and the benefits thereof shall inure to the respective parties
hereto, their legal representatives, executors, administrators, successors and assigns.
11. AMENDMENTS AND MODIFICATION:
No amendments and/or modifications of this Agreement shall be valid unless in
writing and signed by each of the parties to the Agreement.
12. MERGER: AMENDMENT:
This Agreement, including the referenced Contract Documents, and any
attachments, constitute the entire agreement between Consultant and City, and all
negotiations and oral understandings between the parties are merged herein. This
Agreement may be supplemented and/or amended only by a written document
executed by both Consultant and City.
13. NONASSIGNABILITY:
Consultant shall not assign, subcontract or transfer any rights or delegate any
duties arising under this Agreement without prior written consent of the City, which
consent may be withheld by the City in its sole discretion.
14. NOTICES:
Whenever either party desires to give notice to the other, it shall be given by written
notice, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified, and the
place for giving of notice in compliance with the provisions of this paragraph. For
the present, the parties designate the following as the respective places for giving
of notice, to -wit:
FOR CONSULTANT:
FOR CITY:
WITH COPY TO:
H.W. Lochner Inc
225 W. Washington Street
12th Floor
Illinois, 60606
City of Opa-Locka
Darvin Williams, Interim City Manager
780 Fisherman Street
Opa-Locka, FL 33054
Burnadette Norris -Weeks, P.A.
City Attorney
401 North Avenue of the Arts
(NW 7th Avenue)
Fort Lauderdale, FL 33311
Telephone: 954-768-9770
Facsimile: 954-768-9790
Page 4 of 8
Civil Engineering Services
15. SEVERABILITY; WAIVER:
Any provision in this Agreement that is prohibited or unenforceable under Florida or
federal law shall be ineffective to the extent of such prohibitions or unenforceability
without invalidating the remaining provisions hereof. Also, the non -enforcement of
any provision by either party to this Agreement shall not constitute a waiver of that
provision nor shall it affect the future enforceability of that provision or the remainder
of this Agreement.
16. Scrutinized Companies
16.1 Contractor certifies that it and its subcontractors are not on the Scrutinized
Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may
immediately terminate this Agreement at its sole option if the Contractor or its
subcontractors are found to have submitted a false certification; or if the Contractor,
or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List
or is engaged in the boycott of Israel during the term of the Agreement.
16.2 If this Agreement is for more than one million dollars, the Contractor certifies
that it and its subcontractors are also not on the Scrutinized Companies with Activities
in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section
287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate
this Agreement at its sole option if the Contractor , its affiliates, or its subcontractors
are found to have submitted a false certification; or if the Contractor, its affiliates, or
its subcontractors are placed on the Scrutinized Companies with Activities in Sudan
List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria during the term of the
Agreement.
16.3 The Contractor agrees to observe the above requirements for applicable
subcontracts entered into for the performance of work under this Agreement.
16.4 As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize
the above -stated contracting prohibitions then they shall become inoperative.
17. OTHER PROVISIONS:
17.1 Titles and paragraph headings are for convenient reference and are not
a part of this Agreement.
17.2 In the event of conflict between the terms of this Agreement and any
terms or conditions contained in any attached or referenced Contract Documents, the
terms in this Agreement shall prevail.
17.3 No waiver or breach of any provision of this Agreement shall constitute
a waiver of any subsequent breach of the same or any other provision, and no waiver
shall be effective unless made in writing.
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 8
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 cost that does not exceed the cost provided in Chapter 119,
Florida Statutes, or as otherwise provided by law.
17.7 In accordance with Florida Statutes §448.095, the Contractor, prior to
commencement of services or payment by the City, will provide to the City proof of
participation/enrollment in the E -Verify system of the Department of Homeland
Security. Evidence of participation/enrollment will be a printout of the Company's
"Company Profile" page from the E -verify system. Failure to be continually enrolled
and participating in the E -Verify program will be a breach of contract which will be
grounds for immediate termination of the contract by the City. The Contractor will not
hire any employee who has not been vetted through E -Verify. The Contractor may
not subcontract any work for the City to any subcontractor that has not provided an
affidavit stating that the subcontractor does not employ, contract with or subcontract
with an unauthorized alien.
Page 6 of 8
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:
Darvin
Williams,
Interim City
Manager
Dated:
FOR CONSULTANT:
WITNESS: H.W. LOCHNER INC
By:
Authorized Representative
Print Name Print Name
Page 7 of 8
Date
Corporate Seal:
Civil Engineering Services
ATTACHMENT "A"
Consultant Scope of Work and Fee Proposal dated March,13, 2023 to provide engineering
services for the design and preparation of a complete set of construction contract plans for
the NW 127th Street Canal Restoration -Feasibility Study for the amount of Eighty -One
Thousand Five Hundred Fifty Dollars ($81,550.00)
Page 8 of 8
Civil Engineering Services