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HomeMy WebLinkAboutReso 2019-2960 RESOLUTION NO. 2019- 29(eo A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH CALVIN, GIORDANO & ASSOCIATES, INC., TO PROVIDE CONSULTING ENGINEERING SERVICES FOR THE GOLDEN SHORES PUMP STATION REHABILITATION PROJECT, IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED THREE THOUSAND NINE HUNDRED THIRTY-FIVE DOLLARS ($303,935.00), 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, the City is desirous of securing a firm to provide consulting engineering services; and WHEREAS, the City issued and advertised Request for Qualifications ("RFQ") No. 18- 11-01 for Consulting Engineering Services Golden Shores Pump Station Rehabilitation, for which four (4) responses were received and after due consideration and evaluation, the City Manager recommended the City Commission qualify and rank the firms as follows: 1) Calvin, Giordano & Associates; 2) CES Consultants; and, 3) Craig A. Smith & Associates; and WHEREAS, on January 17, 2019, via Resolution No. 2019-2906 the City Commission accepted the recommendation of the City Manager authorizing him to negotiate an agreement with the top ranked firm of Calvin, Giordano & Associates, Inc. and then with the next ranked firms, should negotiations with Calvin, Giordano & Associates, Inc. be unsuccessful; and WHEREAS, Calvin, Giordano & Associates, Inc. has expressed the ability and desire to provide these services subject to the terms and conditions contained herein and RFQ No. 18-11- 01; and WHEREAS, the City Commission wishes to enter into an Agreement with Calvin, Giordano & Associates, Inc. to provide consulting engineering services for the Golden Shores Pump Station Rehabilitation Project, in a total amount not to exceed Three Hundred Three Thousand Nine Hundred Thirty-Five Dollars ($303,935.00), attached hereto as Exhibit"A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION O MISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with Calvin, Giordano & Associates, Inc. to provide consulting engineering services for the Golden Shores Pump Station Rehabilitation Project, in a total amount not to exceed Three R2019 Golden Shores Pum Station Rehab(Rfq 18-11-01) Page 1 of 2 Hundred Three Thousand Nine Hundred Thirty-Five Dollars ($303,935.00), attached hereto as Exhibit"A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 18th day .f July 2119. • A • \ • • a George H. choll, Mayor k ATTE':` : 'V 1.011/CF Mauricio, etan ur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY 66/ r ATI Edward A. Dion, City Attorney Moved by: \II CZ OttLY2- S i c14,J Second by: CWln+tiSStOW 601;b1 AVJ VOTE: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman —1—(Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra (Yes) (No) R2019 Golden Shores Pum Station Rehab(Rfq 18-11-01) Page 2 of 2 yV$NV IsF AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH ANI CALVIN, GIORDANO & ASSOCIATES, INC. CONTRACT NO. 2019-312 THIS CONTRACTUAL AGREE NT (hereinafter referred to as the "Agreement") is made in duplicate, this f day of � C1C,kiST , 2019, by and between the SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and CALVIN, CITY OF GIORDANO AND ASSOCIATES, INC., a corporation authorized to do business in the State of Florida(hereinafter referred to as"Consultant") whose Federal I.D.#is 65-0013869. RECITALS WHEREAS the City is in need of a consultant to provide consulting and engineering services for the City's Golden Shores Pump Station Rehabilitation Project ("Services"); and WHEREAS, the Consultant represents to the City that it possesses the requisite qualifications, expertise and licenses to perform:all necessary work in connection with Services; and WHEREAS, Consultant has expressed the ability and desire to provide these Services, described in Consultant's RFQ No. 18-11-01 y(CCNA) response which is attached hereto as Attachment "B" and incorporated herein by reference, subject to the terms and conditions contained herein; and WHEREAS, the City desires to enter into an Agreement with Consultant to provide the Services in a total amount not to exceed Three Hundred Three Thousand Nine Hundred Thirty- Five Dollars ($303,935). NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, 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. SERVICES. Consultant shall provide Services as described in consultant's RFQ No. 18-11-01 response, which is attached hereto and made a part of the Agreement as Attachment "B", as further detailed in Consultants memorandum of tasks for the Services which is attached hereto and made part of the Agreement as Attachment"C". 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 8 hereunder, this Agreement shall begin upon full execution of the parties and shall terminate no later than two (2) years thereafter. Further, all design and permitting shall be completed no later than eight(8)months of the issuance of a written NTP by the City. The parties shall have the option to extend this Agreement for two (2) additional one (1)year renewal terms, based upon the City's exercise of these renewal periods. 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 Three Hundred Three Thousand Nine Hundred Thirty-Five Dollars ($303,935) for 2019-312—Calvin,Giordano&Associates,Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305)949-3113 Fax 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. The Consultant;will be entitled to receive reimbursement for expenses at the firm's exact cost, which is included in the not to exceed Compensation amount of Three Hundred Three Thousand Nine Hundred Thirty- , Five Dollars ($303,935) as set forth in Attachment "A". However, no additional reimbursable expenses are authorized without the express written approval in advance from the City Manager or his designee. b. Payment Schedule. The Consultant may submit invoices at the completion and approval of each task or for partial completion of each task on a pro rata basis. However, requests for payment shall not be made more frequently than on a monthly basis. Each invoice shall designate the nature of work performed and be accompanied by records fully detailing the amounts stated on the invoice. Invoice payment shall be subject to the satisfactory completion and acceptance of the work following verification by City personnel. Invoices shall be paid by the City within thirty (30) days of receipt of the, invoice, except for items questioned. The City shall notify the Consultant of any items questioned. The Consultant shall prepare verification data for the amount claimed and provide complete cooperation during such investigation of any areas in the invoice subject to question. 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. 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 final/last 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 contested 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 further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 2 2019-312—Calvin,Giordano&Associates,Inc. City of Sunny Isles Beach 18070 Collins`Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement 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 contemplated 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 ,Agreement. Consultant shall furnish its own transportation,office and other supplies as it determines necessary in carrying out its duties under this Agreement. 6. OWNERSHIP OF DOCUMENTS 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. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any 7. P work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents or employees, as indicated below: ❑ Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations,personal injury and property damage liability with minimum limits of One Million Dollars($1,000,000)per occurrence and Two Million Dollars aggregate during the initial and any renewal term of this Agreement. ❑ Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. ❑ Umbrella insurance shall be required to purchase,maintain, and keep in full force, effect, and in good standing above the primary liability policies required herein. The limit shall not be less than One Million Dollars ($1,000,000.00) per occurrence and annual aggregate per occurrence during the initial and any renewal term of this Agreement. ❑ Professional Liability Insurance including Errors and Omissions with minimum limits of One Million Dollars($1,000,000.00)per occurrence. Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Consultant's indemnification and obligations hereunder. The insurance policy shall be issued by companies 3 2019-312—Calvin,Giordano&Associates,Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as 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) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. Consultant shall also requite and ensure that each of its sub-Consultants providing services hereunder(if any)procures and maintains,until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. TERNIINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate 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, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. If Consultant fails, refuses or is unable to perforin any term of this Agreement,City shall pay for services rendered as of the date of termination. (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 date 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 payment 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 giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i) and A(ii)above shall be applicable hereunder. 4 2019-312—Calvin,Giordano&Associates,Inc. City of Sunny Isles Beach 18070 Collins`Avenue, Sunny Isles Beach, Florida 33160 (305.) 947-0606 phone(305) 949-3113 Fax 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. 9. BACKGROUND CHECKS. A criminal background check will be required for any employee of the Consultant performing Services under this Agreement.eement. The Consultant shall be required to perform the criminal background check at their own sole cost and expense through the City. The Consultant shall ensure that only their properly designated employees listed with the City Manager be permitted to perform Services. In the event the designated employees are removed by the Consultant, the Consultant shall immediately notify the City Manager or his designee. Additionally, identification cards will be provided by the City at the Consultant's sole cost and expense. Consultant shall ensure that all designated employees wear the City's provided identification cards while performing Services. 10. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall be governed by, construed and enforced in'accordance with the laws of the State of Florida. Venue for any legal proceeding shall be in Miami Dade County,Florida. In the event it becomes necessary for.the City to file a lawsuit to enforce;any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. 11. 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 leave the employment of the City for any reason whatsoever, disclose to 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 from violating such provisions. 12. 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: 5 2019-312—Calvin,Giordano&Associates,Inc. 4 . . City of Sunny Isles Beach 18070 Collins:Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax If to the City: Christopher J. Russo With a copy to: City Manager Edward A. Dion City of Sunny Isles Beach ' City Attorney 18070 Collins Avenue, 4th Floor City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins Avenue, 4th Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Dennis Giordano Consultant: Principal Calvin, Giordano &Associates, Inc. 1800 Eller Drive, Suite 600, 8 Fort Lauderdale, FL 33316 Tel: (954) 921-7781 CKeyser@cgasolutions.com 13. PUBLIC RECORDS. The Consultant;shall be required to comply with the following requirements under Florida's Public Records Law: (i.) Consultant shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Consultant shall provide the City with a copy of the 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 by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii.) Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the City. (iv.) Consultant shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the Consultant keeps and maintains public records upon completion of the contract,the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Consultant to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC 6 2019-312—Calvin,Giordano&Associates,Inc. City of Sunny Isles Beach 18070 Collins:Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 14. 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. 15. 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, marital/familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer,recruitment or recruitment 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. 16. 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 the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, directly 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. The Consultant guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 17. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors,officials and employees from and against all claims, damages, losses and expenses (includingbut not limited to attorney's fees, arbitration costs, and costs of P Y appellate proceedings)relating to, arising out of or resulting from the Consultant's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any 7 2019-312—Calvin,Giordano&Associates,Inc. •City of Sunny Isles Beach 18070 Collins Avenue, Sunny hies Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment,or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts,errors,mistakes or omissions the Consultant may be legally liable. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. 18. COMPLIANCE WITH LAW, Consultant shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement("Applicable Laws")and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 19. CONFLICTING PROVISIONS. The'terms and conditions in this Agreement shall supersede any other conflicting provisions that are contained in any other document, including but not limited to Attachments "A" and"B". If there is a conflict or inconsistency between any term,statement,requirement,or provision of any exhibit attached hereto;including but not limited .to Attachments `A" and "B", or any other document or events referred to herein, or otherwise incorporated by reference, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority 20. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 215.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "D". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice - to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 8 2019-312—Calvin,Giordano&Associates,Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax 21. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. - B. This Agreement may be executed in multiple identical counterparts,each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. • D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. [Remainder of page intentionally left blank.] 9 2019-312—Calvin,Giordano&Associates,Inc. Cay of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 ,. (305) 947-0606 phone(305)949-3113.Fax -. ../w'sn+ t r'�++`r.. ...+.��:::-'.:.'-�wf+w.rrwa••r. ..ue^+ ^"-s..�c��T%'c. . . . I IN WITNESS WHEREOF,the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: CALVIN,GIORDANO& 0 ASSOCIATES,INC. kVitt8ILL-1.ALA ZU Signature BY: Dennis Giordano,Principal --k' P'Q)31 -kPY A t\.) Print ame ATTES 0 ' CITY OF : ,SLES BEACH Offik': • , BY: < <dlid BY: • Miun io Be : cur,CMC,City Clerk Georg- holt,Mayor r; t ,!a, APPROVED AS TO FORM 0 I _ , AND LEGAL SUFFICIENCY BY: il' _mil. BY: id,,,,,w6(0.-A .epartment Head / Edward A.Dion,Cityttorney • 10 2019-312—Calvin,Giordano&Associates,Inc. I :.•City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles,Beach;_Florida 33160 (305) 947-0606.phone(305) 949-3113 Fax • �......_�.. ��.,�_...__._. . -. z. .. Wiz. • Attachment "A" Fee Schedule 11 2019-312—Calvin,Giordano&Associates,Inc. • • • • _ I 9aQ-Hoon by Cl®Sutsv&Hourly Rate for Services En t I1 Sub-Consultants . Electrice1/McLamcal hurtioo Surrey TaskEngineering Sonia &Controls Sonia Task Subtotal • Cleotodnaind Talc Subtotal Task Subtotal Tarp Subtotal Task Subtotal SUE Architectural Sttttcbanl Subtoul LS IS 1 PM $18,720.00 30.00 50.00 .$18.720.00 2 UtS Cnotd&SUE 03050.00 00.00 50.00 - 03,550.00 Pump Station Ana _85,000.00 $5003.00 05,000.00 Roadways. 56.000.00 • 06.000.00 56.000.00 3 $msevog 0550.00 50.00 93.00 $15,050.00 515.630.00 Pump Straka Atm ' ' l • 4 Gtssted 5,130.013 • 50.00 50.00 • $1890.00 _ $12190.030 $8,470.00 • 5 Prdina&30% $19,720.00 $13,240.00 5600000 518.032.00 024,032.00 $56.992,50 6 60%Dta3go 522,020.00 $14.240.00 58,70000, _ 05.000.00 510,77200 $15,772.03 560,732.00 7 Pt:o4tt6tg • 58,750.00 02020.00 $1325.00 51325.00 :511,615.00 8 30000101 $2,900.00 50.00 02,900.00 • 9 Architecture $1,160.00 - $1,160.00 10 Furl plasm 519.12000 511,160.00 $7,830.00 15,0110.00 96,41200 $10,41200 • 543,52200 11 Building Dry Ron 03,000.00 53,460.00 $435.00 51927.00 $1,927.00 58,822.00 . 12 Bddrog 57035.00 52,160.00 $290.00 • 5812.00 $81200 50.097.00 l3 Deal}pNetoritt'mg AdAwdl $18,520.00 $1425.00 020,145.00 • IS Pani fa AOuamm 528,080.00 Total Amami 5122955.00 545,800.00 517255.00 $16,675.00 573,170.00 5303,833.00 • E -pity of Sunny IslesBeirch 18070 Collins Avenue,Sunny Isles Beach;Florida 33160 • (305)947-0606 phone(305)94973113 Fax ,'.•;-..rs�ww:.:�wrrs r� ..,::.: sem..^ sw►rr�s a�c�rvw�.., -,: r z�®.. • Attachment"B" Consultant's RFQ No. 18-11-01 (CCNA) response • 12 2019-312—Calvin,Giordano&Associates,Inc. • • • ....:.....k:..+moi.^. ... • • Citybf Sunny Islh•Beach:. 18070 Collins Avenue,Sunny TSles Beach,•Florida•33160 (305) 947-0606 phone(305)949-3113 Fax . ..__......,. . _. T1�b't'T��4/"?ialfzYlli`.ila'7N'. ...;'46:a.0 � I Attachment"C" Consultants memorandum of tasks for the project • 13 2019-312—Calvin,Giordano&Associates,Inc. � w • - .. Calvin, Giordano & Associates, Inc. G3 EXCEPTIONAL SOLUTIONS' Y CLIENT: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach,FL 33160 DISCIPLINE: Engineering CONSULTANT: Calvin,Giordano&Associates,Inc. Building Code Services PROJECT: Golden Shores Pump Station Rehabilitation(CCNA) Civil Engineering/Roadway (RFQ 18-11-01) &Highway Design Coastal Engineering CGA NO.: 18-2656.1 Code Enforcement Construction Engineering& DATE: April 24,2019 Inspection(C El) Construction Services ATTENTION: City Engineer:Mr.Richard Labinsky,PE. Data Technologies& Development Electrical Engineering Engineering The following scope of services is provided by Calvin, Giordano & Associates, Environmental Services Inc. (CGA) as requested by the City of Sunny Isles Beach(CITY) for the above Faclities Management Geographic Information reference project. This proposal,when executed,shall become an Agreement for Systems(GIS) professional services between CITY and CGA, hereafter referred to as the Governmental Services Agreement. Indoor Air Quality Landscape Architecture Background Planning The services offered under generally proposal ro l includein , civil Project Management . p surveying g Redevelopment engineering, electrical engineering, structural engineering, geotechnical &Urban Design engineering, architectural services, sub-surface utility investigation, permitting, Surveying&Mapping and bidding services to address the following tasks as described below: Traffic Engineering Transportation Planning 1. Existing pump station evaluation(stormwater, structural, mechanical, Water/Utilities Engineering Website Development electrical) 2. Site visits and utility coordination 3. Limited/Specific purpose survey for the Pump Station Area 4. Review of historical design documents and as-builts 4. Basic/Preliminary Drainage Calculations to support pump station upgrades 1800 Eller Drive Suite 600 6. Meeting with permitting agencies Fort Lauderdale,FL 33316 7. Provide recommendation for Pump Station improvements: 954.921.7781P hone 954.921.8807 fax (a) Structuralbuilding improvements; Improvements may include cut-in 2 new doors each side, adding a mansard or parapet to roof line and window look, reroofing/replacement of existing roof www.cgasolutions.com system,roof openings for pump removal and well cleaning,raising finished floor of existing building,new grating for wet well FORT LAUDERDALE MIAMI-DADE WEST PALM BEACH CLEARWATBR/TAMPA ESTERO PORT ST.LUCIE April 24,2019 Page 2of 9 (b) Generator replacement,alternative fuel (Gas,Diesel or combined) (c) Electrical service improvements, automatic transfer switch, electrical distribution equipment,variable frequency drives, instrumentation&controls (d) SCADA system improvements/new'SCADA system (e) Sluice Gate replacement(automatic) (f) Fuel tank addition, locate on north side of building as required (g)Mechanical and Plumbing improvements for the pump station building. (h) Pumps replacement, standard or variable speed (1 large, 1 small or 2 the same capacity and alternating) (i) Pump Station Capacity improvements/additional drainage well improvements (j) Pump Station site grading improvements, addition of oil sand separator device/baffle 8. Preliminary design services to include above improvements 9. Final design services to prepare construction documents for above improvements 10.Permitting for proposed improvements (South Florida Water Management District (SFWMD), Florida Department of Environmental Protection (FDEP), Miami-Dade County Regulatory and Economic Resources(RER)as applicable 11. Bidding assistance for the above improvements. 12. Sub-consultant services: Structural Engineering, Geotechnical Services, Subsurface Utility investigation,Architectural Services 1) Task 1—Project Management A. CGA shall provide project management, quality control,and project coordination services throughout the design and permitting process. This will include the coordination of the design team, sub-consultants,permitting,design schedule,adherence of design to the City of Sunny Isles Beach's goals and objectives and interactions with City of Sunny Isles Beach Staff. This task will also include the prompt resolutions of any issues which may arise during the design and/or permitting process. Monthly status updates shall be submitted to the City indicating percent complete for each task. 2) Task 2—Utility Coordination and Subsurface Investigation A. CGA, in conjunction with US Utility Potholing & Air Excavation, shall perform an investigation of the utilities within the project area and in locations determined to have a high probability of potential utility conflicts. This task shall provide information on the construction plans meeting Subsurface Utility Engineering Quality Level B as described by ASCE"Standard Guidelines for Depiction and Collection of Existing Subsurface Utility Data". Data Acquisition is limited to available records and soft digs as noted below. B. Utility Coordination 1. Create an 811 Design Ticket. 2. Submit Initial Utility Request Letters to applicable utility owners. 3. Create a utility matrix for tracking. 4. Log and input,utility information into AutoCAD. April24,2019 Page 3 of 9 5. Submit Confirmation Letters to applicable utility owners including North Miami Beach and Miami-Dade Water and Sewer Department. 6. Follow up responses and confirmation from the applicable utility owners. C. Subsurface Utility Engineering(SUE) 1. It is anticipated during engineering design there will be a need for subsurface utility location of underground lines pertaining to electric, gas,telephone,cable tv, and fiber optic. Subsurface utility engineering will include the following methods of location: (a) Ground Penetrating Radar(GPR) survey will be able to provide both the position and estimated depth of both metallic and non-metallic underground utilities. The diameter or composition of utilities cannot be accurately determined using GPR though it can be estimated. (b) Conventional Electromagnetic Pipe and Cable Locators—Location of underground utilities using conventional means. Depths of- underground utilities can be determined when the EM equipment is being used in the active mode. (c) Air Vacuum Excavation (Utility Potholing) - Utility potholing photographic evidence is obtained of the exposed utility with measurements as to depth and type. 2. The location of underground utilities discovered shall be indicated on the ground surface using spray paint or other methods as specified by the design engineer. Surveying services will locate all utility markings for incorporation into the overall survey base map file. 3. 10 Utility Potholes are included. Surveying services will identify and stake proposed soft dig locations and as-built soft dig locations with measure down distances and other pertinent as-built utility information as identified by subsurface utility locations. 4. Add and properly annotate field verified utility information into AutoCAD. 5. Perform a site visit to verify results of the utility subsurface investigation. 3) Task 3—Surveying A. The survey task includes conducting a Topographic\Design Survey of the Site, a Route Survey of a portion of N. Bay Road, As-Built Survey of the pump station building and a Right-of-Way\Easement Encumbrance report for the Site. B. Data Gathering 1. Obtain a Right-of-Way\Easement Encumbrance report for the site as performed by a • Title Company.Report will identify any;recorded easements,rights-of-way,ownership documents and other encumbrances that may affect the property. Any plottable• - easements, rights-of-way and other encumbrances will be depicted on the survey drawings. 2. Obtain, review and field recover any National Geodetic Survey (NGS), Florida Department of Transportation (FDOT) or Miami-Dade County horizontal and vertical survey control within and/or adjacent to the project limits. April 24,2019 Page 4 of 9 C. Topographic\Route\As-Built Survey 1. Prepare a geometrically precise base map referenced to Florida State Plane Coordinates (East Zone NAD 83/90) with the site: limits, right-of-way lines, adjacent lot lines, easements and all lot, block and recorded plat information. 2. Obtain cross section topographic information at a maximum of fifty(50)foot intervals between longitudinal and cross-sectional points together with any grade breaks,swales, mounds or other definitive elevation change within the roadway corridor of N. Bay Road to the intersection of 191st Street(approximately 500 feet). 3. Locate all above-ground improvements within the project limits, with horizontal locations and vertical elevations being provided for such items as edge-of-pavement, sidewalks, driveways, access points \ curb cuts, buildings and visible above-ground utilities. Visible above ground utilities refer to the visible structures (e.g., manholes, valve boxes, inlets, risers, etc.), typically associated with storm drainage, sanitary sewer,potable water, electric,gas, telephone and cable television. 4. Obtain elevations on wire heights including low sag point and pole connection point for any electric service lines or transmission lines in or adjacent to the site. 5. Perform a 3D Scan of the pump station roof and inside of the building including chambers,pumps, electrical panels and'other pump station appurtenances, in order to prepare a spatially correct as-built of inside the pump station as required for structural and electrical design. 6. Obtain elevations inside of the pump station building for wet well chamber,pump pad, weir structures and other controlling elevation information as required for engineering design. 7. As-built survey of storm drainage and sanitary sewer systems to include measurements for pipe sizes, type of material, bottom of structure, direction of flow and invert elevations for any accessible manholes of storm and sewer manholes\inlets and outfall within the project limits. 8. Locate utility paint markings and any soft-digs/potholes of underground utility demarcation. 9. All survey data will to referenced vertically to National Geodetic Vertical Datum of 1929(NGVD29)and horizontally to North American Datum 83/90(NAD 83/90). 10. Prepare a Map of Survey signed and sealed by a Professional Surveyor & Mapper registered in the State of Florida. The survey will be prepared in accordance with the Standards of Practice requirements as set forth by Chapter 5J-17 of the Florida Administrative Code,pursuant to Florida Statues Chapter 472.027. 4) Task 4-Geotechnical Engineering Services(RADISE International) - A. Perform up to two (2) Standard Penetration Test(SPT)borings to a depth of 30 feet. B. Prepare a Geotechnical Report including: a description of the findings, general site preparation,and pipeline design bedding criteria recommendations. April 24,2019 Page 5 of 9 5) Task 5—Preliminary Investigation and 30% Design Plan 1. Site visit 2. Review of the existing drainage systems based on field visits and inspections, City provided record or as-built drawings, historical permits reserach, historical design plans, survey information,and historical drainage calculations or reports. 3. Basic drainage calculations to support proposed pump station improvements. Detailed Hydrologic and Hydraulic modeling is excluded from scope of services. 4. Pre-application meeting with the Miami-Dade RER to discuss historical drainage and potential drainage improvements for the existing systems. 5. Review of the Drainage Well capacity report(RAR)by others, provided by the owner. 6. Feasibility determination for an additional drainage well, and potential pump operational changes. 7. Coordination with Pump Manufacturers. 8. Coordination with Sluice Gate manufacturers. 9. Coordination with Oil Sand/Nutrient Separating Baffle Box Manufacturers. 10. Prepare 30% civil, electrical, architectural & structural, mechanical plans including Pumps, Automatic Sluice Gate, Telemetr /SCADA system, Generator, Fuel Tank, Y Y Electrical Service, and Structural Improvements. 11. Coordinate with FPL on existing overhead lines conflicts during construction. 12. Prepare Table of Contents of Technical Specifications. 13. Prepare preliminary cost estimate. 14. Meet with the City to confirm the propdsed concept design. 6) Task 6—60%Design Submission 1. Prepare 60% civil, electrical, architectural & structural, mechanical, and instrumentation and control plans including Pumps, Automatic Sluice Gate, Telemetry/SCADA system, Generator, Fuel Tank, Electrical Service, and Structural Improvements. 2. Prepare 60% Opinion of Probable Construction Cost, Class 2 (as defined by Association for the Advancement of Cost Engineering International). 3. Prepare 60%Technical Specifications. 4. CGA shall submit 60%design plans to the City of Sunny Isles Beach Staff for review. The submittal will include two (2) 24" x 36" sets of plans, AutoCAD file, one (1) Opinion of Probable Construction Cost and one (1) Draft Technical Specifications_ Documents, as well as pdf's of the above items. 5. Meet with the CITY to discuss and coordinate 60% Submission comments. Review, respond and address comments from the CITY. April 24,2019 Page 6 of 9 7) Task 7—Permitting A. Prepare and process permit applications through the following entities: 1. South Florida Water Management District(Environmental Resource Permit) 2. Miami-Dade County Regulatory and Economic Resources(RER) Class II permit 3. Miami Dade County Permit for proposed Storage Tank 4. Florida Department of Environmental Protection permit modification for the drainage injection wells(if required) B. Attend pre-application meetings with each agency prior to 60%plans. C. Digital copies of any packages submitted for permitting will be provided to the CITY. D. Permit fees are included as Allowance as required by the original RFQ. 8) Task 8—Structural Engineering (Alan Gerwig& Associates) A. Prepare structural engineering plans for: 1. Proposed structural improvements including Roof Improvements, FFE improvements. Wet Well gratings and Sluice Gate improvements. 2. Miscellaneous Structural Slabs and Foundation. 9) Task 9—Architectural Services(SRS) A. Architectural services for the aesthetic improvements for the existing Pump Station Building. B. Design and permitting services for architectural elements including mansard or parapet to roof line,window look etc. 10)Task 10—Final Plans A. 90%Design Submission 1. Prepare 90% civil, electrical, mechanical, structural & architectural, and instrumentation and control plans. 2. Coordinate with City staff for remote monitoring and SCADA controls for the pump station. 3. Prepare 90% Opinion of Probable Construction Cost, Class 1 (as defined by Association for the Advancement of Cost Engineering International). 4. Prepare 90%Technical Specifications. 5. Constructability Review 6. CGA shall submit 90%design plans to the City of Sunny Isles Beach Staff for review. The submittal will include two (2) 24" x 36" sets of plans, AutoCAD file, one (1) Opinion of Probable Construction Cost and one (1) Draft Technical Specifications Documents, as well as pdf s of the above items. April 24,2019 Page 7 of 9 7. Meet with the CITY to discuss and coordinate 90% Submission comments. Review, respond and address comments from the CITY. B. 100%Design Submission 1. Prepare 100%plans. 2. Prepare 100% Opinion of Probable Construction Cost, Class 1 (as defined by Association for the Advancement of Cost Engineering International). 3. Prepare 100% Technical Specifications. CITY will provide the Front End Specifications. 4. CGA shall submit 100%design plans to,the City of Sunny Isles Beach Staff for review. The submittal will include two(2)24"x 36"sets of plans,one(1)Opinion of Probable Construction Cost and one(1)Technical Specifications Documents,as well as pdf's of the above items. - 11)Task 11-Building Department Dry Run A. Provide 100%plans to the City building department B. Respond to comments from the building department and make a resubmittal of the plans C. Address comments and resubmittal are included. CGA will wait to address comments until all city reviewers have submitted their comments in an effort to minimize resubmittals. 12)Task 12-Bidding Services A. Submit Bid Package to the City of Sunny Isles Beach Staff. Three (3) 24" x 36" set of plans signed & sealed, three (3) Technical Specifications Documents and one (1) CD containing pdf's of the plans and Technical Specifications will be provided. B. Attend one(1)pre-bid meeting for the project,respond to prospective bidder RFI(s), issue addenda as needed during the bid process. C. CITY will run and record minutes for the pre-bid meeting. D. Assist the City with Bid Evaluation and Recommendation 13)Miscellaneous Services/Assumptions A. The only services included in this contract are those identified above. No other Services are included in this contract. B. The City shall complete a cleaning of the existing drainage collection system. C. •Outfall improvements,Manatee grate,check valve,and duck-bill design are excluded from scope of services. Additional Service Agreement will be required if these elements to be included in the drainage system. D. Landscape design is not included. E. Building/Engineering Permitting Fees for City of Sunny Isles Beach is not included. April 24,2019 rage 8 of 9 F. Permit fees are subject to change.Allowance shall be adjusted when estimated permit fees vary. G. Site plan permitting service is not included H. Construction Engineering and Inspection Services are not included. I. Provide Survey/Design/Permitting Services for an additional drainage well into the system. Schedule Milestones: The below milestones are from Notice to Proceed (NTP) and based on 8 months of design and permitting: Calendar Milestone days from NTP Surveying&Testing 60 30%submittal 90 60%submittal 150 Permitting(1''submittal) 160 90%plans 180 100%plans and permits 200 Bid plans and specifications 240 Professional Fees: The table below gives the budget breakdown by task for the subject professional services. Please contact me if you need any additional information. I April 24,2019 Page 9 of 9 • SY+Ir+lona 6,chevf mien a Buts Rua for Scilicet Surrey EngineeringDwitttmt sue-conauwn Llepartkatt • CFa Ekeuiceuc tochanial lnanmemmioo sung E"0°`un'g Engineering Sawn a Controls Service Tai Services Tat SLbtotal Task Subtotal Td Subtotal Task Suewl Tan Sulu.+,l omaania SUE Architectural Stnamtal T, Subtotal — LS LS 1 : PM 318.730.00 30.99 00.00 - • 518,720.0 2 . ' Ulil Coad a SUE 03,050.0 '50.00 Sum _ - 03,050.00 Pup Smirk Aro - 55,000.00 55.000.00 55,000.00 Roatbrara _ ' -55,000.0 _ • 76.000.00 56,00.00 3 - ' SarT9Tbg '5580.0 53.00 50.00 515.050.0 - - . 115.630.0 ' heap Stow Arra 4 - Guts% • 5580.0 5200 50.00 . ,57,990.00 , - 07,890.00 5&470.00 5 Pain a 30% • $19,720.0 113140.0 56.00.00 110,052.00 324.032.00 0569920 6 - UM Deign 522,020.00 514.240.0 5$70.00 $5,000.00 510,772.60 015.77299 560,73200 7 P6 54,750.00 SI540.15) - 11,325.0 51325.0 511.615.0 8 Streams] _ 12,90.00 51.0 52900.0 9 Ntbam ies $1,160.0 51.160.00 10 nal Mara 519,120.00 $11,160.0 17.930.00 _ 01.00.00 06,41200 010.412.00 3,10022.00 - 11 Dada(Dry Rut 57.000.00 $3,460.0 5435.0 , 11927.00 91,927.0 54,923,0_ 12 Ruling 51,835.99 5210.0 '5290.00. 50120 5812.00 10.097.0 .13 Dege/Pccirtaa Add.We91 09853000 11.625.0 1 920.145.00' 14 • Panic Fee Album. - - _ 7 128.050.9 Teal Aza+am. $122,955.0 545,80.00 $17153.0 090,6730 573,170.0 530397500 AlfAUTHORIZATION c,/ l BY: / Date: / / Giordano,MSC,CCM 772 ......Vice President By: Date: Richard Labinsky,PE • City Engineer . • city of Suhny Isles Beach 18070 Collins Avenue,Sunny:isles Beach,Florida 33160. (305)947-0606 phone(305)949-3113 Fax • Attachment"D" Scrutinized Contractors Certification 14 2019-312—Calvin,Giordano&Associates,Inc. r � uY's1 City of Sunny isles Beach F^�Fj.. a -7�F 18070 Collins Avenue 11 .wi 4-m. ; Sunny_Isles Beach, Florida 33160 ^ ip9> .° wt (305)947-0606 City Hall • fLo s c'T'of sop;'?''° (305)949-3113 Fax MEMORANDUM . TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager ' FROM: Richard Labinsky, City Engineer DATE: 7/18/2019 Agreement with Calvin, Giordano &Associates to RE: Provide Consulting and Engineering Services for the Golden Shores Pump Station Rehabilitation Project 0 RECOMMENDATION: This item is presented for your consideration. REASONS: On January 17, 2019, the City Commission approved Resolution No. 2019-2906 ranking the submittals for Consulting Engineering Services for Golden Shores Pump Station Rehabilitation (CCNA) in response to RFQ. No. 18-11-01. This Resolution authorized the City Manager to begin negotiations and enter into an agreement with the top ranked firm. Calvin, Giordano and Associates, Inc. was ranked number one and their agreement is presented to you for approval in an amount not to. ` exceed $303,935.00. FUNDING SOURCE: - Funding is budgeted for and available in the Capital Improvement Projects budget ATTACHMENTS: Description 0 LL Resolution Agreement 268 or CONTRACTOR ANTI-BOYCOTT CERTIFICATION (PURSUANT TO FLORIDA STATUTE§215.47251 I, Dennis J. Giordano , on behalf of Calvin,Giordano&Associates,Inc., Print Name Company Name certifies that Calvin,Giordano&Associates,Inc.: does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. Signature President Title July 30,2019 Date - I