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HomeMy WebLinkAboutReso 2014-2195RESOLUTION NO. 2014 - _2da5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE THIRD AMENDMENT TO THE AGREEMENT WITH CALVIN GIORDANO AND ASSOCIATES, INC. TO PROVIDE FOR FINAL DESIGN AND FINAL PERMITTING FOR THE COMPLETION OF THE PEDESTRIAN AND EMERGENCY BRIDGE, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FOUR THOUSAND NINETY -FIVE DOLLARS AND SEVENTY -FIVE CENTS (S304,095.75), ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 1, 2011, the City, advertised and issued Request for Qualifications (RFQ) No. 11 -07 -01 for professional consulting services including but not limited to prime consultant services, permitting, and design development related to the Emergency Bridge Project; and WHEREAS, on December 15, 2011 via Resolution No. 2011 -1817, the City Commission awarded RFQ No. 11 -07 -01 to and entered into an agreement with Calvin Giordano & Associates, Inc. to provide consulting and permitting services for the Emergency Bridge, in an amount not to exceed Five Hundred Sixty -Two Thousand Five Hundred Ninety -Four Dollars ($562,594.00); and WHEREAS, on October 18, 2012 via Resolution No. 2012 -1982, the City Commission approved the First Amendment to Agreement with Calvin. Giordano, and Associates, Inc., to provide consulting and permitting services for the Emergency Bridge Project, in a total amount not to exceed Thirty Four Thousand Six Hundred Forty -Four Dollars and Seventy -Five Cents ($34,644.75), bringing the total amount not to exceed to Five Hundred Ninety -Seven Thousand Two Hundred Thirty -Eight Dollars and Seventy -Five Cents ($597,238.75); and WHEREAS, on January 17, 2013 via Resolution No. 2013 -2016, the City Commission approved the First Amendment to Agreement with Calvin. Giordano, and Associates. Inc., to provide a Topographic Survey to evaluate possible seagrass mitigation areas for the Emergency Bridge Project, in a total amount not to exceed Five Thousand Five Hundred Two Dollars ($5,502.00), attached hereto as Exhibit "A ", bringing the total amount not to exceed to Six Hundred Two Thousand Seven Hundred Forty Dollars and Seventy -Five Cents ($602,740.75): and WHEREAS, when the original contract with Calvin, Giordano, and Associates. Inc. was negotiated and subsequently approved, there were several tasks or subtasks that had been removed from the overall scope of work but as the design continues on the project, it has become evident that some of the previously deleted services are needed that either result in a more cohesive and complete project by addressing operations and safety issues or will add value to the project by further identifying cost savings; and R2014- CGA 3 `d Amendment to Agnit Emergency Bridge Page I of 3 WHEREAS, Calvin Giordano and Associates, Inc. has expressed its ability and desire to provide these services subject to the terms and conditions contained within the Third Amendment to the Agreement; and WHEREAS, the City wishes to approve the Third Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., to provide final design and final permitting services for the completion of the Pedestrian and Emergency Vehicular Bridge, in an amount not to exceed Three Hundred Four Thousand Ninety -Five Dollars and Seventy -Five Cents ($304,095.75), attached hereto as Exhibit "A ", bringing the total amount not to exceed to Nine Hundred Six Thousand Eight Hundred Thirty -Six Dollars and Fifty Cents ($906,836.50). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Third Amendment to the Agreement. The Third Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., to provide final design and final permitting services for the completion of the Pedestrian and Emergency Vehicular Bridge, in an amount not to exceed Three Hundred Four Thousand Ninety -Five Dollars and Seventy -Five Cents ($304,095.75), attached hereto as Exhibit "A ", be and the same, is hereby approved. Section 2. Authorization of Maw The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20t" day of February 2014 S. Edelcup, Mayor ATTEST: C:::&� A, 1�� Jane A. Hines, MMC, City Clerk APPRO AND L� O FORM 'FICIENCY: R2014- CGA 3 `d Amendment to Agmt Emergency Bridge Page 2 of 3 Vote: 6-b Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl Moved by: I CL Seconded by: �Z //(Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) 82014- CGA 3 `d Amendment to Agmt Emergency Bridge Page 3 of 3 V S THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND CALVIN, GIORDANO & ASSOCIATES, INC. CONTRACT NO. C1314 -020 This Third Amendment to the Agreement between the City of Sunny Isles Beach and Calvin, Giordano & Associates, Inc., executed this lbr " day of February, 2014, is made a part of the original Agreement between the parties dated December 15, 2011 attached hereto as Attachment `B" and incorporated herein by reference, (the "Agreement ") between the City of Sunny Isles Beach ( "City") and Calvin, Giordano & Associates, Inc., ( "Consultant ") a business corporation licensed in the State of Florida, whose Federal Identification 4 is 650013869. The City and Consultant hereby agree as follows: 1. ADDITIONAL SERVICES TO BE PERFORMED. Section 2 of the Agreement between the parties is hereby amended to include additional services to be performed by the Consultant related to the North Bay Road bridge project, to include: 1) Professional Engineering Services and 2) Professional Government Consulting Services, as more thoroughly described in Attachment "A ". 2. COSTS. The total compensation to the Consultant, as set forth in Section 4 of the Agreement, is hereby amended to include additional compensation in an amount not to exceed Two Hundred Eighty -Nine Thousand Six Hundred Fifteen Dollars ($289,615.00) plus reimbursables at Fourteen Thousand Four Hundred Eighty Dollars Seventy -Five Cents ($14,480.75) for a total amount not to exceed Three Hundred Four Thousand Ninety -Five Dollars and Seventy -Five Cents ($304,095.75), bringing the total contract amount not to exceed Nine Hundred Six Thousand Eight Hundred Thirty-Six Dollars Fifty Cents ($906,836.50). 3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terns and conditions of the original Agreement between the parties, dated December 15, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: Signature Print Name ATTEST: B Jane A. Hines, MMC, City Clerk CALVIN, GIORDANO & ASSOC , IN ature and Title CIT O SUNNY IS ES EA / ' 4,0J BY: J11 orman S. Edelcup, Mayor AP ROV S T FORM AND LEG Fr Y BY: Of4AIs' inot, City Attorney z� Coastal Ettsinearmim Code 6ddt}rcernertt ConartwOon Engimaning & CAnstnmcdon Services Dam TedwX400M & Deve4werd Enopmwy Services Enginewing Indoor AirQuality Errviror�rrerr[al Services Engirwering pwNwins "k Adenionisuation Retlevelapnerd & Lkban Deign Renewable EneW Resort Development &Kwft & Mwpk% Trans wolon Muming & TaTw Enoneeft Utility & Canwamity Mainiewanoe Services Water Resources Mana@ammett Headquarter l800 Eller Dram Suite GW Fait Lauderdale;, FL 33316 Pharr~ 954.921.7701 Fax 954.121.6507 wwwxgnoludom.com dint Gior+dailo I Associates, Inc. F X C E!P T 1 0 N X L 5r0 1 U T I Cl N 5 Ndvemba 25, 2013 Mr. Bin Evans As"W City b(snager CITY Of SUNNY ISLES BEACH 18070 Collins Avenue Sunny Wes Beach, Florida 33160 Re: Work No. 162 SUW No BOB& North Bay Road Bridge CGA Proposal No. U-SM W. Bill Evans, Ew-lowd for your review and approval is Work Authorization No. 162 for the above reEmmeed project. We have also inchWed a location map showing the vicinity of work to be performed as dewn'bed within the mope of services. Should you have any questions mcenung this matter, please feet free to Contad me at your Convenience. Sincerely, CALVIN, GIORDANO & ASSOCIATES, INC. U— Dennis L Giordano ATTACHMENT "A" - � ` FM LaiderdAle MM BeKh Part St e Hooneslad Clewwaler bdunviffie Adanb 4 i Page 2 of i NOVCMbW 2S, 2613 CITY OF SUNNY ISLES BEACH Sn y No Baei NKer Bay Road Bridge PR(MEff DESCBII9WN L SCOPE OF SERVICES Calvin, Giordano & Aaeocaates, Inc. will perform the following services based on our -1. .soiling of the project requirements: L Prataaional Emowering Savim A. Civil Engineering L Final Fagincering • ADA Compliance - Review grades on bridge with respect to the 2012 Florida Accenibility Code. - Revise the vertical alignment of the bridge as neoesaary to make the bridge pedestrian accessible and to ensure it fits within the required its. - Coordinate now vertical augment with Bridge In Struc tuml Cona dtaat. - Revise the typical secdotm roadway plan, roadway profile, and roadway crosw sections ea required to adjust to the new vortical alit. Porto Bellagio Site Plan - Coordination with Florida Power and Light and Porto Bellagio for the proposed trusformer location relocated due to the proposed bridge location. - Propose location and details for a security fence r n ' •. Pop 3ofA I'IOV=dM' 2S. 2013 and gate to replace that impacted by rte proposed bridge location. Revise plans to include revision to t1C transformer location, security fence and gate, enmcmm drive, sidewalk, back paver walk, and stabilmd fine access mute. Coordinate with the landscape architect and electrical engineer for landscape, irrigation, and site lighting i s. 2 Fig Permitting Local. Permitting Submit permit applications to the Miami Dade Fne Rescue, fire Miami Dade Eavina l RC9DUroe8 Managanent (for a Class II permit)6 and the Sunny Isles Beach Building and Public works Respond to agency oommarts as required during the permitting process. The fee quoted for this task inchldes two rounds of comments from each ageuoy. Comments may require addr eanng additional issues or topics than are anfich ted. Depending on the level of effort required to address the requests, increased labor effort will be provided as required on an hourly basis 3. Construction Bid Documents and Bidding Assistance rIOM pkm and pteMe specifications for roadway and drainage construction. Compile civil, sbucWnd, and electrical plan4 Pests and specifications in pt ation for bid solicitation. 0. Prepare bid PeduBm including front end docWYents and technical speclficatim& 1. Provide electrical wing services to develop a design criteria package to furnish sufficient information for desigdbuild firms to prepare a bad or a response to an agency's request for proposal, or to permit an agency to enter into a negotiated desip4xdN contract. Provide electrical engineering design services for the mlocation of the pa&nwun ed FPL transformer, the primary service, and the secondary services, from the new transformer location to Main No. 1 swing the individual condominiums; to the CT cabinet serving the common spaces; and to the fire pump service entrance controller at the Garage Building. Provide electrical engineering services for the imption of temporary electric service to be furnished as required during the Period required to relocate the pad - mounted FPL transformer and the conversion fi m. temporary electric service to normal utility electric service. II. Professional Government Consaltirig Services A. Building Code dt ADA Compliance Resolution 1. Review the bridge plans to ensure compliance with all FBC Codes. 2. Manage and coordinate the discussion between all engineering disciplines to ensure the structural portion of the bridge as well as the approaches smears all required 2012 Florida Accessibility Code. I Negotiate on behalf of the City with the stkochnW enginecr to complete the vertical alignment within the confines of the applicable codes. B. Porto Bellagio Site Plan and Flechical Modification Pftc4of9 Noveosber 7-% 2113 I 1. Cartinue meetings with PB represe,ritadives to diWM the tMporary and pemment power solutions for their building. 2. Continue site visits to PB including the inves igatiion and review of existing as- builts to debmnm best course of tetnporary power. I Meet with PB repm tatives and revise entrance gate plans per comments received. (2 revision►) 4. Manage the revision of the plans entrance gate details with landscape architect and electrical engineer. G Expert Witness and other Legal Services 1. Attend meetings at City M regarding litigation for land owner* issues. 2. Written responses to inquires in the area of Licensed Marine Contracting. 3. Provide one deposition in Coral Gables attorney's office. 4. Review and confirm written dictation of deposition in Coral Gables. S. Attend up to two days of court proceedings as expert witness. D. hfitigation for Environmental Permitting 1. Seagrass mitigation • Locate sod present to the City a total of 4 potential • Determine optimum location based on City and F.nviromneirtal Permitting Agencies paces. • Manage the production of the bid dock for the Page S of a November A 2013 f seagmss mitigation area. • Manage the bidding process with private pwtw for seagnis mitigation area. • Caatinoed coordination with private partner throughout construction as City's rep esartative. 2. Mangrove hfifigatiori • Credo construction documents for mangrove mrtigat M Act as City's rotative tbrough oonshuedon of mangrove mitigatioa area. E. Local Pernnitti g 1. Manage, coordinate and expedite the permit processing including Consultants and City. • Miami Dade Dire Rescue • Miami Dade Traffic � • SIB Public wadrs and Building Department F. Exclusions 1. Post- design, poe6_pet�mttting, co�r��ctieon management, CEI, indmials testing and surveying services are not included. L Additional work by CGA or Consultants. resulting fi+om Public opposition or filiw lo: SFWMD advertisement of Notice of InInd to low DERM Miami Dade Commission proccedings; USACE Notice of fideat to Issue Permit. G. Bidding Assistance P"P6ofe 2%2013 f y. Pale 7 of 8 M "0d er n 2013 I. Assist City Engineer and City Staff with responses to RFi dMing g Process may. L BASIS OF COMPENSATION Hourly rates with an mod foe of $289,615.00 plus rcimbursables at $14,480.75 with a total not to exceed amount of $304,095.80 -'7f- 3. SUBMITTED 3dbmitled by: Dame 12;IN)1*2 CALVK GIORDANO & ASSOCIAM INC. 4. APPROV Anzoved by, Date. 22 1 . .I wl et � CITY OF SUNNY MES BEACH WORK AUMOR.IZATION EMMATE DATE November 25, 2013 WORK AUTHORMATION NO. DESCRIPTION SFIgMATED DESIGN TIlM ESTIMATED CONSTRUCTION TIME ESTIMATED CONSTRUCTION COST Pap s of t Nowoller 2S.2013 162 Sunny Was Beach Narlh Bay Road Bridge Local ageacy pernuM ng, site Plan and RFP pmparatiaa 0 0 $0.00 � h 1 "'�� it � �" �i'�4 �:r �.T:, •�+�•L.I 1 �:`-y .' f.: .,r .•N f.. �:�la t '�. n�Q ^`Y{�ny ckrw 'rZ3� -tir s-^ � g'L�.� ; `x- � � ;�. � �a..t;41•T��. «_-j 75 II i-: � �.`"`.�.1 1 t -. �� .'.; Y�, 111 Et \ 1 .t 11 I !I Ei t. ni: -r �. a•t. t� tt $40,000.00 I 111 1 1 �'tghw $100.00 I ! 111 11 ' ''t' I I 1 11 ' t .ru dt.v .- n.• commit" .•t :: i�, Y 111 I 1 $35,000 11 SM916LSuM LABOR SUBTOTAL SU9,615M sURTMAL MAWS TOTAL 96, Revk ed by: CITY OF SUNNY ISLES BEACH 'a;;;:M:+• AGREEMENT WITH CALVIN, GIORDANO & ASSOC. INC. CONTRACT NO. C1112 -006 THIS AGREEMENT, entered into this 1 S* day of tTC1'wcte'v— 2011, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City) and CALVIN, GIORDANO tit ASSOCIATES, INC. a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as the "Consultant), whose federal tax identification number is Q.S- W 13W RECITALS WHEREAS, the City is in need of professional government consulting services including but not limited to prime consultant services, permitting and design development related to the Emergency Bridge Project ( "Services"), as more particularly described in Attachment "A ", attached hereto and made a part hereof; and WHEREAS, the Consultant is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into this Agreement with Consultant to provide the Services in a total amount not to exceed Five Hundred Sixty -Two Thousand Five Hundred Ninety -Four Dollars ($562,594.00); and NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. CONSULTING SERVICES. Consultant shall provide to the City the Services as more particularly described in Attachment "A" attached hereto and made a part hereof. 3. TERM. The term of this Agreement shall begin upon the issuance of a Notice to Proceed from the City Manager or his designee and shall terminate upon the completion of the Services. 4. COMPENSATION. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount not to exceed Five Hundred Sixty-Two Thousand Five Hundred Ninety-Four Dollars ($562,594.00); for the performance of the stated Services. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. C1112 -M Calrft Gi" ATTACHMENT "B" i b. Payment Schedule. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Aunt, the invoice will be sent to the Finance Dot for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon ten (10) days written notice and the Consultant shall be compensated for the Services satisfactorily performed prior to the effective date of termination. d. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's finainw billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the Lnuimmmu amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant finther warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement 5. INDEPENDENT CONTRACTOR RELATIONSHIP The Consultant is an independent contractor and shall be heated as such for all purposes. Nothing contained in this agreenignt or any action of the parties shall be construed to constitute or to render the consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City, Consultant shall be responsible for any and all of its own expenses in performing its duties as cou�tnplated under this agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth in this amt. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 6. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, contractors or employees, as more particularly set forth below: �1 Pane 2 of 9 C1 112 -MCdWM Go a iA==iWi (a) General liability insurance with limits of One Million Dollars ($1, 000, 000) combined single limit occurrence. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent Contractors. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The City of Sunny Isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Consultant or the acts or omissions of Consultant in connection with such operation. (b) Professional liability insurance: The limits of such liability provided by such policy shall be no less than One Million Dollars ($1,000,000) combined single limit occurrence. (c) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (d) Business Automobile Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Hired and non -owned vehicles. Employers' non - ownership. Such policies of insurance shall not diminish Consultant's indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under Pape 3 of 8 C1112-006Cara, Gwn mroadA=a=Wj Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior written notice to the City Manager or his designee. 7. OWNERSHIP OF DOCUMINTS AND EQUIPMENT. All documents prepared by the Consultant pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. 8. DUTY TO INDEMNIFY AND HOLD HARMLESS. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of Services under this Agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 9. TERMINATION. A. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations —ma ofihis-agreemeat- tfie Eityshall- -have - the-right -to- terminate7 the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant shall be delivered to the City and the City shall compensate the Consultant for all services satisfactorily performed prior to the daze of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written Page 4 of 8 r. C1112- MCdrii. CiadwwandAswcialrs notice which shall become effective ten (10) days following receipt by Consultant. The terms of Paragraphs A(i) and (ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. ASSIGNMENTS. TRANSFERS, SUBCONTRACTING The Consultant shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Consultant subcontract any services under this agreement, it shall be done with continued liability for the Consultant. The Consultant shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Consultant. 11. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 12. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami -Dade County, Florida All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 13. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which -- — the Consultant -shall- leava-thasmpleyment of the Qty- r-any disclose-te -any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for violating such provisions. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or ( iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: Page S of 8 Cl/12 -WCaNK GiadwwadA=w"%i ff b the City: Alan J. Cohen With a eopy to: City Manager Hans Ottiaoot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792 -1701 Sung Isles Beach, Florida 33160 Tel: (305) 792 -1702 iT to the Coeaahmt: Dennis J. Giordano, President Calvin, Giordano dt Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 Tel: 954 921 -7781 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 16. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 17. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, maritaUfannilial status, or status with regard to public assistance. The Consultant will take --- affrmativ oymcnt practices-are iree- wm -such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recnritment advertising, layoff; termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 18. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2 -11.1, as amended, and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Pap 6 of 8 C1112-006GWWw. GladswadAsaxiares C, , ;... •.gip,, The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Consultant further covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of, or dele,20be to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 19. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to any attachments hereto. 20. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. [Rawhide r ofPage hwadowafl1' kft bknLj Page 7 of 8 CII12 -M CAW% Gwrrl w and Amwiom IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. Pn Name WITNESSES: JkL Si Print Name ATTEST: Jane :A. Hiq; CMC, City Clerk CALVIN, GIORDANO AND ASSOCIATES, INC. BY: Signature & Tide CITY OF SUNNY ISLES BEACH APPROVED AS TO FORM AND .LE( Page 8 of S C11124 6C 06% G1orkew and Asmwimu ��. Calvin, Giordano S Associates, Inc. E X C E P T I O N A L S O L U T I O N S Engineering Construction Engineering & Inspection Municipal Engineering Transportation Planning & Traffic Engineering Surveying & Mapping Planning Landscape Architecture & Environmental Services Construction Services Indoor Air Quality Data Technologies & Development Emergency Management Services Building Code Services 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Phone: 954.921.7781 Fax: 954.921.8807 www.calvin- giordano.com December 14, 2011 Mr. Alan Cohen City Manager CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Re: Work Authorization No. 139 Sunny Isles Beach Bridge Permitting & Resident Meetings CGA Proposal No. 11 -4582 Mr. Alan Cohen, Enclosed for your review and approval is Work Authorization No. 139 for the above referenced project. We have also included a location map showing the vicinity of work to be performed as described within the scope of services. Should you have any questions concerning this matter, please feel free to contact me at your convenience. Sincerely, CALVIN, GIORDANO & ASSOCIATES, INC. Dennis J. Giordano President Fort Lauderdale West Palm Beach Orlando Fort Pierce Homestead CITY OF SUNNY ISLES BEACH Sunny Isles Beach Bridge Permitting & Resident Meetings PROJECT DESCRIPTION 1. SCOPE OF SERVICES Calvin, Giordano & Associates, Inc. will perform the following services based on our understanding of the project requirements: I. Professional Engineering Services A. Electrical Engineering 1. Develop lighting layout and perform photometric calculations for North Bay Road Bridge. 2. Coordinate with FPL to establish electric service. 3. Provide electrical engineering design services for electric service, service, power distribution, branch circuits and controls for street lighting between NE 172nd Street and NE 174th Street including the North Bay Road bridge. 4. Provide electrical engineering services during construction including responses to RFIs, review of shop drawings, periodic inspection, and final inspection. B. Civil Engineering 1, Prepare surface water drainage plans for pedestrian bridge sufficient for permitting and construction 2. Prepare surface water drainage calculations for pedestrian bridge sufficient for permitting through Miami -Dade DERM 3. Coordinate geotechnical sub - consultant percolation tests 4. Prepare and process SWM permit applications through Miami -Dade DERM (This only includes the drainage /surface water management related issues and not the environmental issues). 5. Create typical sections and general notes plans 6. Create geometric plans (layout plans) 7. Create roadway plans g. Create roadway profiles 9. Create roadway cross sections 10. Create quantity sheets 11. Create pavement marking & signage plans 12. Coordinate -with structural bridge engineer 13. Attend six (6) meetings during design phase II. Professional Data Technologies & Development Services A. Create nine hi- resolution concept renderings. 1. The renderings will be based on three different concepts designed by the landscape architecture department. 2. The conceptual renderings will be overlaid onto panoramic photos from three different vantage points. The photos will be provided by the project manager. 3. Turn - around time will be two business days. III. Professional Landscape Architecture Services A. Develop conceptual planting strategies to provide visual buffer alongside existing condo buildings to /from a proposed bridge structure. B. Provide direction to graphic artist on creation of illustrative graphics, specific to the type, size and quality of plant material anticipated in the schematic planting concept. C. Schematic landscape plans nor construction documents are not included. D. One (1) City Staff Meeting and one (1) Community Meeting are included. E. One (1) round of minor revisions are included. IV. Professional Government Consulting Services & Sub Consultants A. Work in conjunction with Joel Wadsworth of Construction Department to manage the environmental, utility and building department permits. 1. Manage EAS (Sub - Consultant) to obtain the following environmental permits or approvals: PERA (F.K.A. DERM), USACE & USCG. This includes application, responses to all RAI, mitigation designs (after obtaining potential City owned land information from City staff), and permit sketches. B. Manage the completion of all outstanding drawings being performed by CGA departments: 1. Civil/Drainage Plans 2. Electrical/Lighting I Pavement Marking & Signage Plans C. Manage the completion of the structural plans which are to be completed by others. The scope for the completion of the structural plans is outlined in BHA's proposal. D. Attend one (1) public meeting to address adjacent property owner concerns. E. Utility Location and Coordination 1, Send correspondence to all utilities requesting utility locations and as- builts. 2. Utilize a subcontractor to perform utility location with ground penetrating radar. 3. Coordinate with Florida One Call for utility locates. F. Environmental Permitting (Sub Consultant) 1. Sub consultant (EAS) to obtain DERM, USACE & USCG Permits. 2. Work includes providing permit sketches, responses to RAI and producing permitting packages. G. Hydraulic Analysis (Sub Consultant) 1. Current Measurements: Sub consultant will measure current velocities and tidal variations at the Project site over a full tidal cycle to capture both ebb and flood flow conditions. The current measurements will be performed in concert with the deployment of an electronic tide gauge. The location of gauge will be referenced to the Project datum. The water surface elevations will be used for input into the numerical model utilized in Part G.2, while the current measurements will be utilized for calibration of the numerical model. 2. Hydrodynamic Modeling — Calibration: Sub consultant will develop a detailed model domain utilizing the existing bathymetric survey data for the site. Cummins Cederberg will perform numerical model simulations of the tidal hydrodynamics in the vicinity for the existing conditions in order to analyze the flow characteristics. The state -of- the -art MIKE21 HD FM numerical model will be utilized. The model is based on an unstructured flexible mesh, which accommodates detailed modeling of channels in varying sizes and configurations. The model will be calibrated with the tide and current measurements obtained in the Part G.1. 3. Hydrodynamic Modeling — Normal and Extreme Conditions: Based on the calibrated hydrodynamic model developed under Part G.2, Sub consultant will simulate the flow patterns and current velocities under the proposed conditions. Both normal and extreme conditions (100 - year event) will be simulated. A sensitivity study will be conducted to evaluate potential statistical differences. q. Hydrodynamic loading: Based on the hydrodynamic modeling results, Sub consultant will determine the hydraulic loading for the events analyzed under Part G.3. This will include hydrodynamic load pressure distributions along with elevation of resultant force. The analysis will account for variations in flow pattern around the piles for the specific design shape. 5. Scour Analysis: Sub consultant will perform a scour analysis for the proposed bridge, based on pier geometry, peak hydraulic flow rates for the canal determined under Part G.3, and local geotechnical conditions. The scour analysis will be in accordance with the Florida Department of Transportation (FDOT) and Federal Highway Administration (FHWA) guidelines. The scour calculations shall include contraction scour due to the overall presence of the bridge and associated constriction of flow in the canal, as well as local scour occurring at the individual pier foundations. 6. Engineering Report: Sub consultant will prepare an engineering report documenting the results of the field investigations and engineering analyses performed under Parts G.1 through G.5. Figures illustrating the results will be incorporated within the report, including a plot of the estimated scour conditions. The report will be signed and sealed by a Florida licensed registered professional engineer. H. Structural Engineer (Sub Consultant) 1. Structural Engineer to provide complete, signed & sealed plans for the bridge span and support structures. 2. Structural Engineer to provide complete, signed & sealed plans for the Mechanically Stabilized Earth (MSE) Wall Control Drawings. 3. Structural Engineer to provide signed & sealed plans for the partial demolition and reconstruction of the existing seawall. 4. Structural Engineer to respond to all Agencies Having Jurisdiction (AHJ) Request for Interpretation/Information (RFI) to facilitate environmental and utility permitting which pertain to structural issues. 5. Geotechnical Engineer to mobilize equipment to perform three (3) borings in the canal. 6. Geotechnical Engineer to study and prepare report for the settlement of the MSE walls due to presence of organic soils. V. Professional Construction Services A. Work in conjunction with Chris Giordano of Government Services Department to manage the environmental, utility and building department permits. 1. Manage EAS (Sub - Consultant) to obtain the following environmental permits or approvals: PERA, USACE & USCG. This includes application, responses to all RAI, mitigation designs (after obtaining potential City owned land information from City staff), and permit sketches. B. Manage the completion of all outstanding drawings being performed by CGA Departments: 1. Civil/Drainage Plans 2. Electrical /Lighting 3. Pavement Marking & Signage C. Manage the completion of the structural plans which are to be completed by others. The scope and cost for the completion of the structural plans is outlined in BHA's proposal. D. Attend one (1) public meeting to address adjacent property owner concerns. V1. Professional Surveying Services A. Prepare Bathymetric Survey of Canal From eastern terminus to the intersection with the Intracoastal Waterway. B. Prepare "Route Survey" of proposed North Bay Road and the proposed bridge crossing the Canal. Limits of the survey will be as follows; on the north by NE 174th Street, on the south by NE 172nd Street on the east and west by a line 50' each side of the centerline/baseline of construction. The survey will establish, on the ground, the centerline of the roadway and the baseline of construction of the bridge. Survey will include horizontal location as well as rim and invert elevations of all visible utility structures within the survey corridor. Survey will be made in accordance with Minimum Technical Standards for Land Surveys in the State of Florida as defined by Chapter 5J- 17.050 -.052, Florida Administrative Code. Vertical Datum will be relative to National Geodetic Vertical Datum (NGVD) of 1929. Horizontal datum will be relative to State Plane Coordinates, Florida East Zone, NAD 1983 with the 1990 adjustment. C. Prepare three (3) Sketch and Descriptions in accordance with Minimum Technical Standards for Land Surveys in the State of Florida as defined by Chapter 5J- 17.050 -.052, Florida Administrative Code and as directed by the project manager. D. Prepare two (2) Topographic Surveys of areas, as directed by the project manager, that are being considered for dedication as Conservation Easement to replace the area of the existing Conservation Easement being vacated. Surveys will be made in accordance with Minimum Technical Standards for Land Surveys in the State of Florida as defined by Chapter 5J- 17.050 -.052, Florida Administrative Code. 2. BASIS OF COMPENSATION Hourly rates with an estimated fee of $555,094.00 plus reimbursables at $7,500.00 with a total not to exceed amount of $562,594.00. Payments to be made monthly. 3. SUBMITTED Submitted by: Date: CALVIN, GIORDANO & ASSOCIATES, INC. 4. APPROVAL Approved by: Alan Cohen, City Manager Date: CITY OF SUNNY ISLES BEACH WORK AUTHORIZATION ESTIMATE DATE December 14, 2011 WORK AUTHORIZATION NO. PROJECT NAME DESCRIPTION ESTIMATED CONSTRUCTION TIME ESTIMATED CONSTRUCTION COST 139 Sunny Isles Beach Bridge Permitting & Resident Meetings Project Management, Completion of Plans & Permitting of the Newport Bridge Project N/A N/A TITLE PROJECT MANAGEMENT- In House Project Manager — Joel Wadsworth Project Duration Project Manager — Chris Giordano Project Duration Project Manager — For Utility Location Sub Consultant ENGINEERING — In House Associate Engineering VI Clerical Director Engineering V Eng Sr CADD Tech Manager Engineer II Jr. Engineer I Project Engineer III SURVEY — In House Sr. Registered Surveyor Survey CARD Technician Survey Crew Survey File Compilation 3 Legal Sketch & Descriptions for Easements PUBLIC MEETING —In House (1 Only) Landscape Architect- Conceptual Landscape Options for Public Meeting Multi -Media 3D Developer- 9 High Res Renderings for Public Meeting RATE HOURS COST $135.00 185 $24,975.00 $150.00 100 $15,000.00 $145.00 5 $725.00 $190.00 16 $3,040.00 $75.00 8 $600.00 $165.00 155 $25,575.00 $115.00 264 $30,360.00 $105.00 120 $12,600.00 $100.00 65 $6,500.00 $125.00 226 $28,250.00 $145.00 18 $2,610.00 $95.00 46 $4,370.00 $135.00 74 $9,990.00 $105.00 35 $3,675.00 $850.00 3 $2,550.00 $115.00 16 $1,840.00 $115.00 16 $1,840.00 Sub Consultants Sub Consultant — Utility Location — Ground Radar $200.00 20 $4,000.00 Sub Consultant EAS — Environmental Permitting $200.00 450 $90,000.00 Sub Consultant BHA — Geotech Analysis for MSE Wall $8,591.07 1 $8,591.07 Sub Consultant BHA — Structural Responses to AHJ RFIs . $16,021.53 1 $16,021.53 Sub Consultant C &C- Hydraulic Analysis $23,475.00 1 $23,475.00 Sub Consultant BHA — Geotechnical — 3 Addlt Borings $43,225.49 1 $43,225.49 Sub Consultant BHA — Demo & Recon Seawall Dwgs $46,083.78 1 $46,083,78 Sub Consultant BHA — MSE Control Wall Drawings $53,947.59 1 $53,947.59 Sub Consultant BHA — Structural Plans $95,249.54 1 $95,249.54 LABOR SUBTOTAL REIMBURSABLE SUBTOTAL TOTAL Reviewed by: Alan Cohen, City Manager $555,094.00 $563,874.00 $7,500.00 $562,594.00 TO: VIA: FROM: DATE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager Bill Evans, Assistant City Manager 2/20/2014 RE: Resolution Approving the Third Amendment to the Agreement with Calvin, Giordano and Associates, Inc. to Provide for Final Design, and Final Permitting Services for the Completion of the Pedestrian and Emergency Vehicular Bridge RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. This is a Third Amendment to the Agreement with Calvin, Giordano and Associates, Inc. to provide for final design, and final permitting services for the completion of the Pedestrian and Emergency Vehicular Bridge. REASONS: In July of 2010, when the original contract with Calvin Giordano and Associates, Inc. was negotiated and subsequently approved, there were several tasks or subtasks that had been removed from the overall scope of work as directed by the City. As design continues on the project, it has become evident that some of the previously deleted services are needed that either result in a more cohesive and complete project by addressing operations and safety issues or will add value to the project by further identifying cost savings. Specifically: Work Authorization No. 143 South Approach and Gate Controls The original contract for the bridge design did not include an at grade roadway traffic signal design for the south landing. After meeting with members of the Porto Bellagio Condo Association, the previous City Manager requested Calvin Agenda Item No. I OM Date 2 %20/2014 233 Giordano and Associates, Inc. provide a work authorization to address the safety concerns for vehicular and pedestrian traffic for the at -grade approach. The signalization was required due to the restricted available right of way or easement width at the south landing which only accommodate one way bi- directional traffic and pedestrians. Work Authorization No. 145 Increased Scope The original contract for the bridge design did not include a detailed construction cost analysis as a part of design phase services. This Work Authorization performed a complete bid take off, analysis and constructability review by a licensed and well known marine contractor. Given the complexity of this project, this detailed review provides for accurate and updated cost figures, investigate for and identify potential areas for value engineering, define construction methods to ensure permits and easements are obtained properly, and result in potential bidders submitting Requests for Information and areas of potential change orders prior to bid opening. This allowed the design team to make adjustments to the plans prior to bid opening, which can result in a large savings to the City. Work Authorization No. 149 Increased Scope The original contract and subsequent amendment for the bridge design did not include hydrographic surveying services needed to elevate possible mitigation areas within the City. Suitability if seagrass mitigation areas are generally a function of water depth and water quality. This work was authorized to obtain needed data to determine if either the Atlantic Isles lagoon or the eastern terminus of the canal between Bayview Drive and Kings Point Drive west of Collins Avenue are suitable candidates for seagrass mitigation arrears. Work Authorization No. 162 Increased Scope This Work Authorization will allow Calvin, Giordano and Associates, Inc and associated subconsultants to provide a final design and perform final permitting services for the completion of the Pedestrian and Emergency Vehicular Bridge. This work specifically includes incorporating ADA compliance modifications, providing for the relocation of an existing FPL transformer at Porta Bellagio that is in direct conflict with the south landing of the bridge, additional local permitting from Miami Dade County Fire Department, Miami Dade Environmental Resources Management (DERM), and City Building and Public Works Permits. It is expected that this work authorization is sufficient to complete design side technical and permitting services to accommodate advertisement of the project and subsequent award. The cost of this work is in an amount not to exceed $304,095.75. ATTACHMENTS: • Resolution • Agreement Agenda Item No. IOM Date 2/20/2014 234