HomeMy WebLinkAboutReso 2024-3673RESOLUTION NO. 2024 -�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A PROJECT AGREEMENT WITH CALVIN, GIORDANO &
ASSOCIATES, INC. TO PROVIDE REVISIONS, PERMITTING, AND POST DESIGN
SERVICES FOR THE GOLDEN SHORES PUMP STATION REHABILITATION PROJECT,
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 January 2111, 2021, via Resolution No. 2021-3160, the City Commission
short listed six (6) civil engineering firms, in response to Request for Qualifications No. 20-07-01
for Continuing Professional Services ("RFQ"), pursuant to the Consultants' Competitive
Negotiation Act; and
WHEREAS, the City requested general civil engineering services as one of several
disciplines listed in the RFQ; and
WHEREAS, the Firm was one of the six (6) firms short listed to provide general civil
engineering services to the City, and entered into a Continuing Services Agreement to provide
said services on an as needed basis; and
WHEREAS, on May 19th, 2022, via Resolution No. 2022-3330, the City Commission of the
City of Sunny Isles Beach ("City") approved an Agreement with Calvin, Giordano & Associates,
Inc. ("Firm") to provide revisions, permitting, and post design services ("Services") for the
Golden Shores Pump Station Rehabilitation Project ("Project"); and
WHEREAS, the Agreement was approved with a term of 18 months, in an amount not to
exceed $150,402.50 ("NTE Amount"); and
WHEREAS, on or about November 2023, the Agreement with the Firm to provide the
desired Services for the Project expired, with $82,759.13 of the NTE Amount currently available
for expenditure; and
WHEREAS, the City is ready to move forward the Project's completion and is in need of
the Firm to continue providing the Services, and has expressed the ability and desire to do so;
and
WHEREAS, the City shall compensate the Firm based on services rendered pursuant to
Sections 2.3 through 2.4 and Exhibit "1," Scope of Services, of this Agreement by allocating the
estimated percentage of work for each of the phases set forth in Section 5.2; and
WHEREAS, billings for each phase shall not exceed the amount allocated to each phase;
and
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WHEREAS, the City Commission wishes to enter into a Project Agreement with the Firm
to provide the Services for the Project, attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Proiect Agreement. The City Commission hereby approves a Project
Agreement with Calvin, Giordano & Associates, Inc. to provide revisions, permitting, and post
design services for the Golden Shores Pump Station Rehabilitation Project, attached hereto as
Exhibit "A". The Firm shall be paid based on services rendered pursuant to Sections 2.3 through
2.4 and Exhibit "1," Scope of Services, of the Agreement by allocating the estimated percentage
of work for each of the phases set forth in Section 5.2. Billings for each phase shall not exceed
the amount allocated to each phase.
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.
ATTEST:
PASSED AND ADOPTED this 20th day of n 2024.
CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
A6kz'92-
Min E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: , _ Seconded by:&a.411*4SIp�ir,�� lU(£
Vote: /
Mayor Svechin " (Yes) (No)
Vice Mayor Lama (Yes) (No)
Commissioner Joseph , (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
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238
Commissioner Viscarra (Yes) (No)
@BCL@740BB402.doc Page 3 of 3 239
PROJECT AGREEMENT
Between
THE CITY OF SUNNY ISLES BEACH
And
CALVIN, GIORDANO & ASSOCIATES, INC.
For
GOLDEN SHORES PUMP STATION REHAB -
REVISIONS, PERMITTING, AND POST DESIGN SERVICES
Pursuant to the provisions contained in the Continuing Services Agreement between the
City of Sunny Isles Beach ("City") and Calvin, Giordano & Associates, Inc. ("Consultant") for
Professional Civil Engineering Services pursuant to Request for Qualifications No. 20-07-01
(hereinafter referred to as "Continuing Services Agreement") dated April 23, 2021, this Project
Agreement (hereinafter referred to as "Agreement") authorizes the Consultant to provide the
services as set forth below:
SECTION 1 INCORPORATION OF CONTINUING SERVICES AGREEMENT
1.1 All terms and conditions of the Continuing Services Agreement between the City and the
Consultant dated April 23, 2021, not specifically modified by this Agreement shall remain
in full force and effect and are incorporated into and made a part of this Agreement by this
reference as though set forth in full.
SECTION 2 CONSULTANT'S BASIC DUTIES TO CITY
2.1 By executing this Agreement, the Consultant represents to the City that the Consultant is
professionally qualified to act as the Consultant for the Project (hereinafter referred to as
"the Project") and is licensed to practice engineering by all public entities having
jurisdiction over the Consultant and the Project. The Consultant further represents to the
City that the Consultant will maintain all necessary licenses, or other authorizations
necessary to act as Consultant for the Project until Consultant's duties hereunder have been
completed. The Consultant shall be responsible for providing all necessary subconsultants
required for the successful completion of the work as outlined in EXHIBIT "1," Scope of
Services. The Consultant assumes full responsibility to the City for the improper acts,
negligence, and omissions of its subconsultants and of all others employed or retained by
the Consultant in connection with the Project.
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2.2 VERIFICATION OF CITY DOCUMENTS AND PROJECT SITE
2.2.1 Execution of this Agreement by the Consultant constitutes a representation that the
Consultant has become familiar with the Project site and the local conditions under which
the Project is to be implemented.
2.2.2 Consultant shall review, examine, and verify the documents and information furnished by
the City concerning the Project site with respect to locations, elevations, and all other
existing conditions, etc., before preparing design documents. Consultant shall compare any
documents furnished by the City to the Project site to verify dimensions, clearances and
the like before preparing design documents. The Consultant shall be solely responsible for
any inaccuracies or conflicts that might have been detected or avoided by such verification.
2.3 ONE HUNDRED PERCENT DOCUMENTS
2.3.1 Upon the City's authorization, the Consultant shall prepare 100% design documents
consisting of drawings and specifications setting forth in detail the requirements for
construction of the Project. Such Construction Documents shall be project specific and
shall be accurate, coordinated and adequate for construction, and shall be in conformity
and comply with all applicable law, codes, standards, and regulations. Products specified
for use shall be readily available unless specifically authorized by the City.
2.3.2 The Consultant shall review its most recent estimate of probable construction costs, shall
make any appropriate revisions thereto and furnish same to the City.
2.3.3 The Consultant shall assist the City in preparing and filing all documents necessary to
obtain the approval of all authorities having jurisdiction over the Project. This can begin
when the design documents are approximately 90% complete.
2.3.4 The Consultant shall be responsible for the preparation of bid packages to be made
available for distribution to all prospective bidders. Such packages shall include copies of
all relevant plans, specifications, and other documents upon which the bidding is to be
based. The Consultant shall make copies of complete bid packages available at its office
nearest to the Project site during normal business hours for all prospective bidders. The
Consultant shall be reimbursed by the City for the actual cost of reproduction of the
documents contained within the bid package as a reimbursable item pursuant to the terms
of Section 6.2 of this Agreement.
2.3.5 In the event that there are amendments to the bid packages, amendments to any of the
documents contained with the bid packages, or any clarifications issued during the bidding
process, the Consultant shall prepare for the City's approval written addenda as appropriate
to interpret, clarify or expand the bidding documents. The Consultant shall make such
documents available to all prospective bidders in a manner acceptable to the City, and shall
be reimbursed for the actual costs of reproduction at the same rate specified in Section
2.3.4. There shall be no additional charges for amendments or clarifications other than as
provided in Section 2.3.4.
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2.3.6 The Consultant shall coordinate with the City during the bidding process and be available
to address bidders' questions and comments at any time during the bidding process. The
Consultant shall attend the pre-bid meeting, which will be held at a location as specified
by the City.
2.3.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids
received for determination of compliance with the bidding requirements. The Consultant
shall not be responsible for performing any investigations or reference checks regarding
bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder
is responsible; however, the Consultant shall assist the City as necessary in making such
determination.
2.3.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials
or equipment and shall advise the City with respect to same.
2.4 ADMINISTRATION OF CONSTRUCTION
2.4.1 The Consultant shall perform those duties and discharge those responsibilities set forth
herein in Sections 2.4.2 through 2.4.13. Furthermore, the Consultant shall perform and be
responsible for all services requested of the Consultant by the City relating to the
interpretation and implementation of the Consultant's drawings, specifications, or other
Construction Documents or other contract documents prepared by the Consultant.
2.4.2 The Consultant shall represent the City during construction and shall facilitate all
instructions and other appropriate communications between the City and the Contractor,
which shall be communicated through the Consultant. The Consultant shall act on behalf
of the City only to the extent provided herein and in the Construction Contract.
2.4.3 Upon receipt, the Consultant shall carefully review and examine the Contractor's Schedule
of Values, together with any supporting documentation or data that the City or the
Consultant may require from the Contractor. The purpose of such review and examination
will be to protect the City from an unbalanced Schedule of Values that allocates greater
value to certain elements of the work than is indicated by the supporting documentation or
data or, than is reasonable under the circumstances. If the Schedule of Values is not found
to be appropriate, or if the supporting documentation or data is deemed to be inadequate,
and unless the City directs the Consultant to the contrary in writing, the Schedule of Values
shall be returned to the Contractor for revision or supporting documentation or data. After
making such examination, if the Schedule of Values is found to be appropriate as
submitted, or if necessary, as revised, the Consultant shall sign the Schedule of Values
thereby indicating its informed belief that the Schedule of Values constitutes a reasonable,
balanced basis for payment of the Contract Price to the Contractor. The Consultant shall
not sign such Schedule of Values in the absence of such belief unless directed to do so, in
writing, by the City.
2.4.4 The Consultant shall observe the work of the Contractor on a periodic basis. The purpose
of such observations will be to determine the quality, quantity and progress of the work in
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comparison with the requirements of the Construction Documents and Construction
Contract. In making such observations, the Consultant shall exercise care to protect the
City from defects or deficiencies in the work from unexcused delays in the schedule and
from overpayment to the Contractor. Following each such site visit, the Consultant shall
submit a written report of such observations, together with any appropriate comments or
recommendations, to the City. The Consultant shall not be responsible for any construction
means, methods, sequences, or procedures for performing any construction activities.
2.4.5 The Consultant shall determine amounts owed to the Contractor based upon observations
of the work as required in Subparagraph 2.4.4, evaluations of the Contractor's rate of
progress in light of the remaining Contract Time and upon evaluations of the Contractor's
Applications for Payment, and shall issue Certificates for Payment to the City in such
amounts.
2.4.6 The issuance of a Certificate for Payment shall constitute a representation by the Consultant
to the City that the Consultant has made an observation of the work as provided in
Subparagraph 2.4.4, that the work has progressed to the level indicated, that the quality of
the work meets or exceeds the requirements of the Construction Contract and that to the
best of the knowledge, information and informed belief of the Consultant, the Contractor
is entitled to payment of the amount certified; however, the issuance of a Certificate of
Payment shall not constitute a representation that the Consultant has made an examination
to ascertain how the Contractor has used the monies paid by the City.
2.4.7 The Consultant shall be the initial interpreter of the requirements of the drawings and
specifications and the judge of the performance thereunder by the Contractor. The
Consultant shall render written or graphic interpretations necessary for the proper
execution or progress of the work with reasonable promptness on request of the Contractor.
2.4.8 The Consultant shall reject work that does not conform to the Construction Documents
unless directed by the City, in writing, not to do so. If directed by the City not to reject
work, the City shall be responsible for the results of such direction. The Consultant shall
have the authority to reject work that affects public or personnel safety. Whenever, in the
Consultant's opinion, it is necessary or advisable, the Consultant shall require special
inspection or testing of the work in accordance with the provisions of the Construction
Contract whether or not such work is fabricated, installed or completed.
2.4.9 The Consultant shall review and take other appropriate action upon, the Contractor's
submittals such as Shop Drawings, Product Data and Samples. Appropriate action by the
Consultant of the Contractor's submittal shall constitute the Consultant's representation to
the City that such submittal is in conformance with the Construction Documents and
Construction Contract, but does not hold the Consultant responsible for the accuracy and
completeness of details such as dimensions and quantities, or for substantiating instruction
for installation or performance of equipment or systems, all of which remain the
responsibility of the Contractor as required by the Construction Documents. Such action
shall be taken with reasonable promptness so as to cause no delay to the Contractor of the
Project.
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2.4. 10 The Consultant shall review, and advise the City, concerning proposals and requests for
Change Orders from the Contractor. The Consultant shall prepare Change Orders for the
City's approval and execution in accordance with the Construction Contract, and shall have
authority to order, by Field Order, minor changes in the work not involving an adjustment
in Contractor's Contract Price or an extension of Contractor's Contract Time.
2.4.11 The Consultant shall conduct a site visit to determine the date of Substantial Completion
and the date of Final Completion. As part of that process, Consultant shall receive and
forward to the City for the City's review all written warranties and related documents and
operating manuals required by the Construction Contract. Contractor shall issue a final
Certificate for Payment when called for by the Construction Contract.
2.4.12 The Consultant shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in its plans and specifications.
2.4.13 The Consultant shall visit the site at a minimum of one time per month, and at the request
of the City without limitation, including site visits for verification of the Contractor's
monthly pay request, to observe the entire construction operation, for the term of
construction as noted in Section 2.6.1. A report outlining the details of each site visit shall
be furnished to the City within three (3) days of the required site visit. The City must be
informed of any site visits, so that they have the opportunity to be included in the visit.
2.5 ADDITIONAL SERVICES
The following services of the Consultant are not included in Sections 2.3 through 2.4, nor
in EXHIBIT "1," Scope of Services. Nevertheless, the Consultant shall provide such
services as related to the Project if authorized in writing by the City prior to the
performance or furnishing of same, and, unless otherwise specified in this Agreement, said
services shall be paid for by the City as provided hereinafter.
2.5.1 Making revisions in drawings, specifications or other documents when such revisions are
inconsistent with written direction by the City previously given, are required by the
enactment or revision of codes, laws or regulations subsequent to the preparation of such
documents and not reasonably anticipated, or are due to other causes not within the control
or responsibility of the Consultant, either in whole or in part.
2.5.2 Preparing drawings, specifications and supporting data in connection with Change Orders,
provided that such Change Orders are issued by the City due to causes not within the
control or responsibility of the Consultant, either in whole or in part.
2.5.3 Providing services concerning repair or replacement of work damaged by fire or other
cause during construction provided that such services are required by causes not the
responsibility of the Consultant, either in whole or in part.
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2.5.4 Providing services made necessary solely by the default of the Contractor or defects or
deficiencies in the work of the Contractor.
2.96 SERVICE SCHEDULE
2.6.1 The Consultant shall perform its services expeditiously. Within fifteen (15) days of the
full execution of this Agreement, the Consultant shall submit for the City's approval a
schedule for the performance for the Consultant's services that shall include allowance for
time required for the City's review of submissions and for approvals of authorities having
jurisdiction over the Project. The City shall review and approve or reject any schedules
submitted by the Consultant within five (5) working days of said submittal. The final
approved schedule shall become EXHIBIT "3" to this Agreement. If, in the event that
construction of the Project is suspended for more than thirty (30) days, the Consultant shall
also suspend Construction Administration Services upon request of City. Any time spent
on the Project at the request of the City or on the City's behalf during this suspension shall
be additional services and shall be paid based on the Standard Hourly Rates attached to this
Agreement as EXHIBIT "2." The reasonable term of construction upon which the fees
for Construction Administration Services in this Agreement are based, shall be extended
to include the period of construction suspension. This schedule, when approved by the
City, shall not, except for cause, be exceeded by the Consultant. In the event the City
rejects any schedules submitted by the Consultant, the Consultant shall submit a revised
schedule within forty-eight (48) hours of said rejection. Submission of a schedule
acceptable to the City and to which the City makes no objection shall be a condition
precedent for any payment to the Consultant.
2.6.2 Upon receipt of the Notification of Commencement and the fully executed Purchase Order,
the Consultant shall commence services to the City on the Commencement Date, and shall
continuously perform services to the City, without interruption, in accordance with the time
frames set forth in the Project Schedule, a copy of which will be attached and incorporated
into this Agreement as EXHIBIT "3" as set forth in Section 2.6.1, above. The number of
calendar days from the Commencement Date, through the date set forth in the Project
Schedule for completion of the Project or the date of actual completion of the Project,
which ever shall last occur, shall constitute the Contract Time.
2.6.3 No Damages for Delay: The Consultant shall not be entitled to any claim for damages
including, but not limited to, loss of profits, loss of use, home office overhead expenses,
equipment rental and similar costs on account of delays in the progress of the Project from
any cause or national disaster or emergency, unusual delay in deliveries, unusual delay in
procuring permits, differing site conditions, unavoidable casualties or other cause beyond
the Consultant's control, or by delay authorized by the City, or by other causes which the
Consultant determines may justify delay. The Consultant's sole recovery and remedy for
any such delay shall be a reasonable extension of time and a revision to the Project
Schedule as determined by the City. However, additional costs to the Consultant or delays
in the Consultant's performance caused by improperly timed activities shall not be the basis
for granting a time extension. If the Consultant wishes to make a claim for an increase in
time of performance, written notice of such claim shall be made to the City within three
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(3) working days after the occurrence of the event, or the first appearance of the condition
giving rise to such claim. The City's representative shall determine whether the Consultant
is entitled to a time extension for the delay. The failure of the Consultant to give such
notice shall constitute a waiver of any claim under this section.
2.6.4 Notwithstanding the provisions of Subparagraph 2.6.3, in the event that the Contractor fails
to substantially complete the Project on or before the Substantial Completion date specified
in the Construction Contract or the Contractor is granted an extension of the time to
complete performance under the Construction Contract and the Consultant's Contract
Administration Services are materially extended by the City as a direct result thereof and
through no fault of the Consultant, the Consultant shall be entitled to additional
compensation at the rates shown in attached EXHIBIT "2". The amount of compensation
due by the Consultant under this Subparagraph shall be pursuant to approved written
Amendment to this Agreement.
2.7 PERSONNEL
2.7.1 The Consultant shall assign only qualified personnel to perform any service concerning the
Project. At the time of execution of this Agreement, the parties anticipate that the following
named individuals will perform those supervisory or primary functions indicated:
NAME FUNCTION
Chris Giordano President
So long as the individuals named above remain actively employed or retained by the
Consultant, they shall perform the functions indicated next to their names. Furthermore,
the City reserves the right to reject any proposed substitution for any of the above named
individuals, and the City shall have the further right to require that any individual assigned
to the Project by the Consultant be removed from the Project and reassigned for good cause.
SECTION 3 CITY'S BASIC DUTIES TO CONSULTANT
3.1 The City shall provide the Consultant with adequate information regarding the City's
requirements for the Project including any desired or required design or construction
schedule, or both, and any budgetary requirements including fixed limit of construction
cost, prior to the start of the Construction Documents Phase of design, upon which the
Consultant shall be entitled to rely.
3.2 The City shall review any documents submitted by the Consultant requiring the City's
decision, and shall render any required decision pertaining thereto in a timely fashion.
3.3 The City shall furnish structural, mechanical, chemical and other laboratory tests,
inspections and reports as required by law or the Construction Contract.
3.4 If the City becomes aware of any fault or defect in the Project, nonconformance with
the Construction Contract, or of any errors, omissions or inconsistencies in the
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drawings or specifications, prompt notice thereof shall be given by the City to the
Consultant.
3.5 The City shall perform those duties set forth in Sections 3.1 through 3.4 as
expeditiously as may reasonably be necessary for the orderly progress of the
Consultant's services and of the work.
3.6 The City's review of any documents prepared by the Consultant or its subconsultants
shall be solely for the purpose of determining whether such documents are generally
consistent with the City's construction program and intent. No review of such
documents shall relieve the Consultant of its responsibility for the accuracy, adequacy,
fitness, suitability and coordination of its work product.
SECTION 4 CONSTRUCTION COSTS
4.1 If the cost of construction exceeds the cost agreed upon by the City by more than 5%
of the lowest bona fide bid or negotiated proposal, the City may (1) give written
approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of
the Project, (3) terminate the Project and this Agreement in accordance herewith, or (4)
cooperate in revising the Project scope or quality, or both, as required to reduce the
construction cost. In the case of (4), the Consultant, without additional charge to the
City, shall consult with the City and shall revise and modify the drawings and
specifications as necessary to achieve compliance with the cost agreed upon by the
City. Absent negligence on the part of the Consultant in making its estimates of probable
construction cost, providing such modifications and revisions shall be the limit of the
Consultant's responsibility arising from the establishment of such construction costs,
and having done so, the Consultant shall be entitled to compensation for all other
services performed, in accordance with this Agreement.
SECTION 5 BASIS OF COMPENSATION
5.1 The City shall compensate the Consultant for an amount not to exceed One Hundred Forty -
Five Thousand Four Hundred Two Dollars and Fifty Cents ($145,402.50) based on services
rendered pursuant to Sections 2.3 through 2.4 and EXHIBIT 4," Scope of Services, of
this Agreement by allocating the estimated percentage of work for each of the phases set
forth in Section 5.2. On May 19, 2022, via Resolution No. 2022-3330, the City
Commission approved the foregoing contract amount, in addition to Five Thousand Dollars
and No Cents ($5,000.00) as reimbursable expenses, for a total not to exceed amount of
One Hundred Fifty Thousand Four Hundred Two Dollars and Fifty Cents ($150,402.50).
Billings for each phase shall not exceed the amount allocated to each phase.
5.2 Payment to the Consultant of the sum set forth in Section 5.1 shall be allocated based on
the work completed for each of the following tasks:
Professional Civil Engineering Services ..................................................... $80,200.00
Professional Electrical Engineering Services ............................................. $13,615.00
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Professional Surveying Services................................................................... $1,290.00
Professional Construction Services............................................................. $50,297.50
5.3 Additional services of the Consultant as described in Section 2.7, if any, shall be
compensated as follows:
See EXHIBIT "2" of this Agreement "Fee Schedule" —
5.4 Reimbursable Expenses as defined in Section 6 shall be reimbursed to the Consultant by
the City as provided in Section 6.
5.5 If the scope of the Consultant's services are changed materially through no fault of the
Consultant, compensation due to the Consultant shall be equitably adjusted, either upward
or downward.
SECTION 6 BILLING AND PAYMENTS TO CONSULTANT
6.1 Billing by the Consultant shall be in accordance with EXHIBIT "2" of this Agreement.
Payments to the Consultant shall also be in accordance with EXHIBIT "F" of the
Continuing Services Agreement and EXHIBIT "2" of this Agreement.
6.2 REIMBURSABLE EXPENSES
6.2.1 Reimbursable Expenses shall mean expenses incurred by the Consultant and
Consultant's subconsultants in the interest of the Project, as follows:
Not to exceed $5,000.00 without prior written authorization by the City.
6.2.1.1 Reasonable expenses of: mileage reimbursement in accordance with Chapter 112,
Florida Statutes; fees paid for securing approval of authorities having jurisdiction over
the Project; actual cost of reproduction, postage and handling of drawings,
specifications and other documents; renderings, models and mock-ups requested by the
City; additional insurance coverage or limits, including professional liability insurance,
requested by the City in excess of that required in the Request For Qualifications. The
Consultant shall only be reimbursed for the direct cost of the item without additional
mark-up. Costs for meals, snacks, and beverages are not considered a reimbursable
expense.
SECTION 7 TERM
7.1 This Agreement shall commence on the date this instrument is fully executed by all parties
and shall continue in full force and effect until December 31, 2025, unless otherwise
terminated pursuant to Section 8.1 or 8.2, or other applicable sections of this Agreement.
The City's City Manager, in his sole discretion, may extend the term of this Project
Agreement through written notification to the Consultant.
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SECTION 8 TERMINATION
8.1 TERMINATION FOR CAUSE
8.1.1 This Agreement may be terminated by either party upon seven (7) days' written notice
to the other should such other party fail substantially to perform in accordance with its
material terms through no fault of the party initiating the termination. In the event of a
termination for cause, the Consultant shall be entitled to receive compensation for any
work completed pursuant to the Agreement to the satisfaction of the City through the
date of termination, less any amounts which the City reasonably deems necessary to
withhold in order to correct any defects or deficiencies in the work performed by the
Consultant. In no event shall the City pay for profit or overhead on work not performed.
8.2 TERMINATION FOR CONVENIENCE
8.2.1 This Agreement may be terminated by the City without cause upon ten (10) days'
written notice to the Consultant. In the event of such a termination without cause, the
Consultant shall be compensated for all services completed pursuant to this Agreement
to the satisfaction of the City up to and through the date of termination, together with
Reimbursable Expenses incurred. In such event, the Consultant shall promptly submit
to the City its invoice for final payment and reimbursement which invoice shall comply
with the provisions of Section 2.5 of EXHIBIT "F" of the Continuing Services
Agreement.
8.2.2 Under no circumstances shall the City make payment of profit or overhead for work
that has not been performed. Additionally, the City shall not make payment for the
following items:
8.2.2.1 Anticipated profits or fees to be earned on completed portions of the work;
8.2.2.2 Consequential damages;
8.2.2.3 Costs incurred in respect to materials, equipment or services purchased or work done
in excess of reasonable quantitative requirements of this Agreement;
8.2.2.4 Expenses of Consultant due to the failure of Consultant or its subconsultants to
discontinue the work with reasonable promptness after notice of termination has been
given to the Consultant; and
8.2.2.5 Losses upon other contracts or from sales or exchanges of capital assets or Internal
Revenue Code Section 1231 assets.
8.2.2.6 Damage or loss caused by delay.
8.3 Assignment Upon Termination. Upon termination of this Agreement, the work product
of the Consultant shall become the property of the City and the Consultant shall within ten
(10) working days of receipt of written direction from the City, transfer to either the City
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or its authorized designee, all work product in its possession, including but not limited to,
designs, specifications, drawings, studies, reports and all other documents and data in the
possession of the Consultant pertaining to this Agreement. Upon the City's request, the
Consultant shall additionally assign its rights, title and interest under any subcontractor's
agreements to the City. All work product provided under this Section shall be used solely
for its intended purpose.
SECTION 9 SEVERABILITY
9.1 If any term or provision of this Agreement or its application thereof to any person or
circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement or the application of such terms or provisions to persons or circumstances other
than those to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Agreement shall be deemed valid and enforceable to the
extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature: the City, signing by and through its Mayor, attested
to by its City Clerk, duly authorized to execute same and by (Name of Firm), signing by and
through its (Title of individual executing agreement) duly authorized to execute same.
CITY
CITY OF S N SLES BEACH, FLORIDA
By:
Larisa Svechin, Mayor
day of June, 2024.
AUT
City C rk
Mauricio Betanc r
(SEAL)
Approved as to form for the City:
By:
ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
11
250
CONSULTANT
By:
Ch opher B. Giordano
16 day of A t , 2024.
AU ENTICATE:
ecretary
ul-�A
ease type name of Sec etary
_- - (CORPORATE SEAL)
ESSES:
12
EXHIBIT "1"
SCOPE OF SERVICES
13
252
Building Code Services
Civil Engineering / Roadway
& Highway Design
Coastal Engineering
Code Enforcement
Construction Engineering &
Inspection (CEI)
Construction Services
Data Technologies &
Development
Electrical Engineering
Engineering
Environmental Services
Facilities Management
Grant Management &
Writing
Geographic Information
Systems (GIS)
Governmental Services
Indoor Air Quality (IAQ)
Landscape Architecture
Planning
Project Management
Redevelopment &
Urban Design
Surveying & Mapping
Transportation & Mobility
Transportation Planning
Water/ Utilities Engineering
Website Development
1800 Eller Drive
Suite 600
Fort Lauderdale, FL 33316
Tel: 954.921.7781
Fax: 954.921.8807
www.cgasolutions.com
85Calvin, Giordano & Associates, Inc.
X44t YEARS
YEARS n'
A SAFE=built' COMPANY
Additional Services Agreement
DATE: April 20, 2022
RE: Golden Shores Pump Station Rehab - Revisions, Permitting,
and Post Design Services
CLIENT: City of Sunny Isles Beach
18115 North Bay Road
Sunny Isles Beach, FL 33160
ATTENTION: Mr. Richard Labinsky, PE
CGA NO.: 18-2656.4
CGA HAS BEEN ADVISED TO PROCEED WITH THE FOLLOWING
ADDITIONAL SERVICES:
Due to the client's request for work outside the original scope of services, Calvin,
Giordano & Associates, Inc. will provide the following additional services:
The City of Sunny Isles Beach (CITY) has requested a redesign and repermitting of
the Golden Shores Stormwater Pump Station Rehabilitation project to incorporate
recent modifications that were made by CITY Staff to the pump station housing
structure during an emergency situation. Additionally, the CITY is requesting
bidding and construction phase services.
Calvin, Giordano & Associates, Inc. (CGA) is pleased to submit this proposal for
professional Civil Engineering, Electrical Engineering, Survey, Architectural,
Structural Engineering, and Construction Administration services. The specific
scope of services is detailed herein.
I. Professional Engineering Services
A. Civil Engineering
1. Project Management
• CGA's Civil Engineering Department shall manage the project up
through bidding, at which point the CGA Construction
Administration Department will take over. This includes quality
control and coordinating with the CITY throughout design,
permitting, and bidding. It also includes coordinating with
Subconsultants (Architectural and Structural), CGA's design team,
managing the schedule of deliverables, and the prompt resolution
to any unforeseen issues that may arise during the project.
Subconsultant scope of work is also detailed within this Civil
Engineering section.
FORT LAUDERDALE MIAMI-DADE WEST PALM BEACH CLEARWATER / TAMPA ESTERO PORT ST. LUCII 353
253
2. Civil Engineering Design and Permitting
• Conduct a site visit, review the CITY -provided drawings of the
pump station structure modifications, and review the updated
field survey of the new openings with respect to elevations and
measurements.
• Update Civil plans to accommodate modifications made by
CITY Staff; revise previous design, as needed, to meet current
Building Code; and remove existing sluice gate from the design.
• Update the technical specifications and Engineer's opinion of
probable construction cost.
• Submit revised plans, technical specifications, and Engineer's
opinion of probable construction cost to CITY for review. Meet
with CITY to discuss and address any questions or concerns.
Revise documents, as needed.
• Resubmit revised plans for repermitting to CITY Building
Department and to Miami -Dade County Regulatory and
Economic Resources Department (RER). Address any
comments and revise submittal documents, as needed.
3. Civil Engineering Bidding Services
Attend one (1) pre-bid meeting.
Review and respond to Bidder questions as they pertain to the
plans or technical specifications. This shall include issuing
revised plans and / or technical specifications, if required.
Review bids received and opened by the CITY to help determine
the lowest most responsive and responsible Bidder. This shall
include contacting and verifying Bidder references, if needed.
4. Civil Engineering Construction Services
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254
• Attend one (1) preconstruction meeting with CITY, CGA
Construction Administration Department, and Contractor.
• Attend up to twelve (12) biweekly construction progress
meetings.
• Review up to ten (10) submittals as required of the Contractor,
such as shop drawings. This includes one (1) resubmittal review
of each, if needed.
• Review and respond to Contractor Requests for Information
(RFIs). This includes up to ten (10) RFIs.
• Review signed and sealed as-builts provided by the Contractor.
This includes up to two (2) reviews.
• Prepare and submit permit closeout packages to South Florida
Water Management District and RER.
5. Structural Engineering (Subconsultant)
Structural Engineering shall be subcontracted to Alan Gerwig &
Associates, Inc. (AGA) for the required revisions to the
Structural plans, permitting, bidding, and post design services as
they pertain to the Structural components of the project.
Permitting is limited to two (2) rounds of comments for items
not directly related to an AGA error or omission.
Revisions are understood to include specifications and drawings
(to meet current code), design of waterproofing for the electrical
room slab and walls, lower roof of the electrical room, removal
of the door between the electrical room and pump room,
removal of the grating and details in the electrical room, adding a
new doorway and exterior steps to the pump room, revising the
doorway and steps to the electrical room, removing the sluice
gate opening in the pump room, removing the sluice gate
operator and associated work areas, and revising the sluice gate
opener support beam and pump room roof layout.
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255
Post design services shall include attendance at pre-bid and pre -
construction meetings, up to three (3) miscellaneous onsite
meetings, up to eight (8) site inspections, review of shop
drawings, and responses to Contractor RFIs.
6. Architectural (Subconsultant)
Architectural services shall be subcontracted to Synalovski
Romanik Saye (SRS) for the required revisions to the
Architectural plans, permitting, bidding, and post design services
as they pertain to the Architectural components of the project.
Post design services include addressing Bidder RFIs, addressing
Contractor RFIs, reviewing shop drawings, and attendance at the
pre-bid and preconstruction meetings.
7. Assumptions and Exclusions
Any permit application or review fees shall by paid by the CITY.
CITY shall provide the typical front-end contract documents for
the bid package and shall be responsible for its contents. Bidding
shall be administered by CITY Staff including advertisement,
arranging / hosting the pre-bid meeting, arranging site visits with
prospective Bidders, receiving / distributing Bidder questions /
answers, and receiving / opening the bids.
Only revised plan sheets from the previous design are included.
No additional plan sheets are anticipated, such as Landscape
Architecture or Irrigation.
CGA has no control over costs of labor, materials, competitive
bidding environments and procedures, unidentified field
conditions, financial and/or market conditions, or other factors
likely to affect the cost estimates of this project, all of which are
and will unavoidably remain in a state of change, especially
considering the high volatility of the market attributable to Acts
of God and other market events beyond the control of the
parties. The CITY acknowledges that this is a "snapshot in
time" and that the reliability of these cost estimates will
inherently degrade over time.
356
256
• Assumed six (6) months of active construction time.
B. Electrical Engineering
1. Data Collection and Evaluation
• Field visit to verify existing conditions due to building exterior
changes.
• Evaluate existing conditions collected during field visit and
report to CITY field findings.
• Meeting with CITY to review field findings and scope of work.
2. Preparation of 90% Construction Documents
• Revise MEP plans per revised building plans. It is assumed the
previous infrastructure design will remain as designed. Location
adjustments of the designed equipment due to floor plan changes
is the scope of work.
• Revise MEP plans per CITY comments. CITY's comments at
this phase shall be minimum.
• Provide 90% construction documents to CITY for review,
comments and approval.
3. Preparation of 100% Construction Documents
• Revise MEP (Mechanical, Electrical and Plumbing) plans an
incorporate any final CITY comments.
• Review and revised previous project design technical
specifications.
357
257
Provide 100% construction documents and technical
specifications to CITY.
4. Permitting Assistance
Contractor is responsible for obtaining the Building Department
permit. CGA will submit for a dry -run review.
Responses and revisions to construction documents due to
Building Department comments are included.
5. Bidding Services
Review and respond to Bidder questions as they pertain to the
plans or technical specifications. This shall include issuing
revised plans and/or technical specifications, if required.
6. Construction Administration
• Provide four (4) field visits during construction.
• Provide responses to RFI's during construction. RFI with value
engineering questions are not included as part of the scope of
work.
• Provide review to shop drawings. A maximum of three (3) sets
of reviews is included. Reviews includes the generator, electrical
components, panels. pump motor demands, and lighting.
• Conduct one (1) Substantial Completion inspection /
walkthrough; prepare and distribute the punch list. Contractor
shall provide as -built drawings for review prior to inspection.
• Conduct one (1) Final Completion inspection / walk- through,
and one (1) re -inspection.
7. Items not included
358
258
• Redesign of the project from previous developed construction
documents. Only modifications to the equipment layout is
included.
• Any other engineering services not listed with the scope of work.
• Value engineering of the project.
• Revise construction documents per as -built conditions. This
service can be provided as additional services.
II. Professional Surveying Services
A. Update the existing survey drawing and data file to include modifications
pertaining to Pump Housing Structure.
B. Survey measurements will be made of the door and window openings, finish
floor elevations and any other changes or modifications to the building since
the previous date of survey.
III. Professional Construction Services
A. The following scope is based on 8 months of Construction Time (180 days
to Substantial Completion / 240 days to Final Acceptance) and on total
hours specified on attached breakdown. Any additional time beyond this will
require an approved agreement.
1. Coordinate and participate in pre -construction meeting; record,
prepare, and distribute the meeting minutes.
2. Coordinate and participate in twelve (12) bi-weekly construction
progress meetings at the City; record, prepare, and distribute the
meeting minutes.
3. Receive, log, coordinate the review of, and processing of shop
drawings, samples and other data which the Contractor is required to
submit.
359
259
4. Receive and assist in the interpretations and clarifications of the
Contract Documents, and evaluate requested deviations from the
approved design or specifications. In connection therewith, review,
prepare and process any work change directives or change orders
requested by the Contractor, or the City.
5. Attend meetings with City, Contractor and appropriate regulatory
agencies when requested by the City, and necessary for consultation or
conferences in regard to construction of the project.
6. Make daily inspections for compliance with plans and specifications
(estimated at 3 hours per day / or 15 hours per week for twenty (20)
weeks, and six (6) hours per week for two (2) weeks); make interim
inspections for substantial completion and perform a final inspection to
determine, in general, if the work has been completed in conformance
with the intent of the Contract Documents. Attend and witness
required testing (i.e. pressure testing of F.M., P.S. start-up, utility
trench backfill density testing, etc.).
7. Coordinate, review, and approve Contractor's construction schedule
(s), Schedule of Values (SOV) and pay requests.
8. Review as-builts provided by the Contractor.
9. Assist EOR with Contractor supplied close-out documentation, and
permit certification processing.
COST OF THESE SERVICES (Lump Sum)
Professional Engineering Services
A Professional Civil Engineering Services
B Professional Electrical Engineering Services $13,6
III Professional Surveying Services $1
III Professional Construction Services $50,297.51
IV Meetings not included in I thru III Hourl;
TOTAL (Plus Hourly Services) , $145,402.5
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260
AUTHORIZATION
Kindly sign and return this authorization at your earliest convenience.
Calvin, Giordano & Associates, Inc.
will proceed upon receipt of authorization.
By: By: CA-C�' &44 Ia"
Date:
Mr. Richard Labinsky, PE Chris Giordano
City Engineer President
Date: 4/20/22
361
261
EXHIBIT "T'
FEE SCHEDULE
14
262
Building Code Services
Civil Engineering/ Roadway
& Highway Design
Coastal Engineering
Code Enforcement
Construction Engineering &
Inspection (CEI)
Construction Services
Data Technologies &
Development
Electrical Engineering
Engineering
Environmental Services
Facilities Management
Geographic Information
Systems (GIS)
Governmental Services
Landscape Architecture
Planning
Project Management
Redevelopment
& Urban Design
Surveying & Mapping
Traffic Engineering
Transportation Planning
Water / Utilities Engineering
Website Development
1800 Eller Drive
Suite 600
Fort Lauderdale, FL
33316
954.921.7781 phone
954.921.8807 fax
www.cgasolutions.com
Calvin, Giordano & Associates, Inc.
E X C E P T I O N A L S O L U T I O N S'
Principal
Contract Administrator
Project Administrator
Executive Assistant / Clerical
ENGINEERING
Associate, Engineering (VI)
Director, Engineering (V)
Project Manager (IV)
Project Engineer (III)
Engineer (ll)
Jr. Engineer (1)
Senior CADD Tech Manager
CADD Technician
Permit Administrator
DATA TECH DEVELOPMENT
Associate, Data Tech Dev.
GIS Coordinator
GIS Specialist
Multi -Media 3D Developer
GIS Technician
Sr. Applications Developer
Applications Developer
Network Administrator
System Support Specialist
IT Support Specialist
PROFESSIONAL FEE SCHEDULE
GOVERNMENTAL SERVICES
Associate, VP
Director of Code Enforcement
Director of Building Code
Project Manager
Grants Administrator
Code Enforcement Field Supervisor
Code Enforcement Field Inspector
Building Official
Building Plans Reviewer
Building Inspector
Permit Processor
SURVEYING
Associate, Surveying
Senior Registered Surveyor
Survey Crew
Registered Surveyor
Survey Coordinator
CADD Technician
3D Laser Scanner
Hydrographic Survey Crew
G.P.S. Survey Crew
Sub -meter G.P.S
Soft Dig (per hole)
Utility Locates (per hour)
215.00
190.00
165.00
75.00
190.00
175.00
150.00
130.00
110.00
100.00
115.00
95.00
90.00
165.00
145.00
125.00
115.00
100.00
165.00
135.00
155.00
115.00
85.00
190.00
145.00
145.00
145.00
125.00
110.00
90.00
115.00
90.00
90.00
75.00
165.00
145.00
135.00
130.00
105.00
95.00
355.00
330.00
155.00
75.00
480.00
205.00
LANDSCAPE ARCHITECT
Associate, Landscape Architect
Senior Landscape Architect
Environmental Administrator
Landscape Architect
Environmental Specialist
Landscape CADD Technician
Environmental Assistant
Landscape Inspector/Arborist
Landscape Designer
Landscape Site Plan Reviewer
INDOOR AIR QUALITY SERVICES
Sr. Environmental Scientist
Environmental Scientist
CONSTRUCTION
Associate, Construction
Construction Management Director
Construction Manager
Senior Inspector
Inspector
Construction Coordinator
EMERGENCY MANAGEMENT
Director
Planner
Assistant Planner
PLANNING
Associate, Planning
Director of Planning
Planning Administrator
Planning Manager
Senior Planner
Planner
Assistant Planner
EXPERT WITNESS
Principal/Associate
Registered Engineer/Surveyor
Project Engineer
165.00
135.00
125.00
120.00
105.00
95.00
90.00
105.00
120.00
135.00
125.00
100.00
165.00
135.00
125.00
100.00
90.00
90.00
145.00
105.00
90.00
175.00
150.00
150.00
145.00
125.00
105.00
90.00
In addition to the hourly rates listed above, charges will include direct out-of-pocket expenses
such as reproduction, overnight mail, and other reimbursables billed at a multiplier of 1.25.
330.00
280.00
230.00
Effective October 1, 2014
FORT LAUDERDALE MIAMI-DADE WEST PALM BEACH CLEARWATER/TAMPA ESTERO PORT ST. LUCIE
263
ATTACHMENTS:
Resolution
Agreement
Item Number: 10.J
338
264
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305)949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Rick Labinsky, P.E., City Engineer
J u ne 20, 2024
Approval of Project Agreement with Calvin Giordano and Associates, Inc. yo
Provide Revisions, Permitting, and Post Design Services for the Golden Shores
Pump Station Rehabilitation Project
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
At the May 19th, 2022, Commission Meeting, the City Commission approved an agreement with Calvin
Giordano and Associates, Inc. (Consultant) to update the drawings for the pump station reconstruction
(Services). At this time the original contract time has expired, with $82,759.13 unspent. This Resolution
approves a new Project Agreement for the Services. The City shall compensate the Firm based on
services rendered pursuant to Sections 2.3 through 2.4 and Exhibit "1," Scope of Services, of this
Agreement by allocating the estimated percentage of work for each of the phases set forth in Section
5.2. Billings for each phase shall not exceed the amount allocated to each phase.
ADDITIONAL INFORMATION:
Pursuant to the provisions contained in the Continuing Services Agreement between the City and the
Consultant for Professional Civil Engineering Services awarded under Request for Qualifications No. 20-
07-01 and Resolution No. 2021-3160, the consultant is qualified to provide civil engineering,
architectural, structural, and electrical professional services for this project.
FUNDING SOURCE:
Funds have been appropriated in account no. 300-5-5410-465000-20004.
Item Number: 10.M
235
ATTACHMENTS:
Resolution
Project Agreement
Item Number: 10.M
236