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HomeMy WebLinkAboutReso 2015-2495 RESOLUTION NO. 2015 - 2, 95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT WITH CALVIN GIORDANO AND ASSOCIATES, INC. TO PROVIDE SERVICES RELATING TO THE PEDESTRIAN AND EMERGENCY BRIDGE, IN AN AMOUNT NOT TO EXCEED SEVENTY-SEVEN THOUSAND SIX HUNDRED FIFTY-TWO DOLLARS AND - SEVENTY-FIVE CENTS (S77,652.75), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 1, 2011, the City advertised and issued Request for Qualifications (RFQ) No. 11-07-01 for professional consulting services including but not limited to prime consultant services, permitting, and design development related to the Emergency Bridge Project; and WHEREAS, on December 15, 2011 via Resolution No. 2011-1817, the City Commission awarded RFQ. No. 11-07-01 to and entered into an agreement with Calvin Giordano & Associates, Inc. to provide consulting and permitting services for the Emergency Bridge, in an amount not to exceed Five Hundred Sixty-Two Thousand Five Hundred Ninety-Four Dollars ($562,594.00); and WHEREAS, on October 18, 2012 via Resolution No. 2012-1982, the City Commission approved the First Amendment to Agreement with Calvin, Giordano, and Associates, Inc., to provide consulting and permitting services for the Emergency Bridge Project, in a total amount not to exceed Thirty Four Thousand Six Hundred Forty-Four Dollars and Seventy-Five Cents ($34,644.75), bringing the total amount not to exceed to Five Hundred Ninety-Seven Thousand Two Hundred Thirty-Eight Dollars and Seventy-Five Cents ($597,238.75); and WHEREAS, on January 17, 2013 via Resolution No. 2013-2016, the City Commission approved the Second Amendment to Agreement with Calvin, Giordano, and Associates, Inc., to provide a Topographic Survey to evaluate possible seagrass mitigation areas for the Emergency Bridge Project, in a total amount not to exceed Five Thousand Five Hundred Two Dollars ($5,502.00), bringing the total amount not to exceed to Six Hundred Two Thousand Seven Hundred Forty Dollars and Seventy-Five Cents ($602,740.75); and WHEREAS, on February 20, 2014 via Resolution No. 2014-2195 the City Commission approved the Third Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., to provide final design and final permitting services for the completion of the Pedestrian and Emergency Vehicular Bridge, in an amount not to exceed Three Hundred Four Thousand Ninety- Five Dollars and Seventy-Five Cents ($304,095.75), bringing the total amount not to exceed to Nine Hundred Six Thousand Eight Hundred Thirty-Six Dollars and Fifty Cents ($906,836.50); and R2015-CGA 4th Amendment to Agmt Emergency Bridge Page 1 of 3 WHEREAS, the City now needs design modifications to the Pedestrian and Emergency Vehicular Bridge for Easement concerns, and Calvin Giordano and Associates, Inc. has expressed its ability and desire to provide these services subject to the terms and conditions contained within the Third Amendment to the Agreement; and WHEREAS, the City wishes to approve the Fourth Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., to provide redesign services for the Pedestrian and Emergency Vehicular Bridge, in an amount not to exceed Seventy-Seven Thousand Six Hundred Fifty-Two Dollars and Seventy-Five Cents ($77,652.75), attached hereto as Exhibit "A", bringing the total amount not to exceed to Nine Hundred Eighty-Four Thousand Four Hundred Eighty-Nine Dollars and Twenty-Five Cents ($984,489.25). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Fourth Amendment to the Agreement. The Fourth Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., to provide redesign services for easement concerns for the Pedestrian and Emergency Vehicular Bridge, in an amount not to exceed Seventy-Seven Thousand Six Hundred Fifty-Two Dollars and Seventy-Five Cents ($77,652.75), attached hereto as Exhibit "A", be and the same, is hereby approved. 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 of :- • •- upon adoption. PASSED AND ADOPTED this 19th day of November 20 George 4. Scholl, Mayor L i 1_•ATTEST: - 'r Jane A'I- ivies`IV1IVIC,City Clerk • R2015-CGA 4th Amendment to Agmt Emergency Bridge Page 2 of 3 APPROVED AS TO FORM AND L fri . A L S.FFICIENCY: , City Attorney Moved by: Seconded by: Vote: S_0 Mayor (No) Vice Mayor Gatto Yes) (No) Commissioner Aelion ✓ es) (No) Commissioner Goldman es) (No) Commissioner Levin ,/(Yes) (No) R2015-CGA 4th Amendment to Agmt Emergency Bridge Page 3 of 3 ti�a"r sst °eA Two FOURTH AMENDMENT TO THE AGREEMENT BETWEEN :'�.` aT • THE CITY OF SUNNY ISLES BEACH AND °•'° CALVIN, GIORDANO & ASSOCIATES, INC. CONTRACT NO. C1516-019 This Fourth Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH and CALVIN, GIORDANO&ASSOCIATES,INC,("Consultant")executed this day of November,2015, is made a part of the original Agreement between the parties dated December 15, 2011, ("the Agreement"), between the City and Consultant attached hereto as Attachment `B" whose Federal Identification # is . The City and Consultant hereby agree as follows: 1. ADDITIONAL SERVICES TO BE PERFORMED. Section 2 of the Agreement between the parties is hereby amended to include additional services to be performed by the Consultant related to the North Bay Road bridge project, to include the re-design of the North Bay Road Bridge for easement concerns ("Additional Services"),as more thoroughly described in Attachment"A". 2. COSTS. The total compensation to the Consultant, as set forth in Section 4 of the Agreement, is hereby amended to include additional compensation for the Additional Services in an amount not to exceed Seventy-Three Thousand Nine Hundred Fifty-Five Dollars(573,955.00)plus reimbursables at Three Thousand Six Hundred Ninety-Seven Dollars and Seventy-Five Cents ($3,697.75) for a total amount not to exceed Seventy-Seven Thousand Six Hundred Fifty-Two Dollars and Seventy-Five Cents ($77,652.75) bringing the total contract amount not to exceed Nine Hundred Eighty-Four Thousand Four Hundred Eighty-Nine Dollars and Twenty-Five Cents ($984,489.25). 3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein,all terms and conditions of the original Agreement between the parties, dated December 15, 2011, shall remain in full force and effect. 4. CONFLICTING PROVISIONS: The terms,statements,requirements,and provisions contained in this Fourth Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any Other document or attachment, including but not limited to Attachments"A"and"B". IN WITNESS WHEREOF,the parties hereto have executed this document as of the date mentioned above. WIT SS: CALVIN,GIORDANO& ASSOCIATES, INC ignature By: iii Denny .Gio •ano, President Print Name ATTEST: I CITY OF SUN Y ISLES BEACH • BY` . Jane A. Hine. MMC, ity Clerk Geor:- H. Scholl, Mayor • APPR a ED AS TO FORM AND LEGA ' ' F I BY °Wi r l s �.t1� H.-s Ot mot,City Attorney Calvin, Giordano Associates, Inc. 7,\ E X C E P T I O N A L S O L U T I O N S Tt° • October 29,2015 Mr. Chris Russo City Manager CITY OF SUNNY ISLES BEACH Building Code Services 18070 Collins Avenue Coastal Engineering Sunny Isles Beach,Florida 33160 Code Enforcement Construction Engineering Re: Work Authorization No. 177 and Inspection North Bay Road Bridge Re-design for Easement Concerns Construction Services Contract Government CGA Proposal No. 15-7567.1 Data Technologies and Development Mr. Chris Russo, Emergency Management Enclosed for your review and approval is Work Authorization No.177 for the 'Services Engineering above referenced project. We have also included a location map showing the Environmental Services vicinity of work to be performed as described within the scope of services. - Facilities Management Indoor Air Quality Should you have any questions concerning this matter,please feel free to Landscape Architecture contact me at your convenience. Municipal Engineering Planning Public Administration Sincerely, - Redevelopment and Urban Design Surveying and Mapping Traffic Engineering CALVIN, GIORDANO & ASSOCIATES, INC. Transportation Planning GSA Contract Holder Dennis J. Giordano President 1800 Eller Drive Suite 600 Fort Lauderdale,FL 33316 ' 954.921.7781 phone 954.921.8807 fax www.cgasolutions.com ATTACHMENT "A" � j V, FORT LAUDERDALE WEST PALM BEACH PORT ST.LUCIE HOMESTEAD TAMPA/CLEARWATER JACKSONVILLE ATLANTA • Work Authorization No. 177 October 29,2015 Calvin,Giordano&Associates,Inc.Proposal No. 15-7567.1 CITY OF SUNNY ISLES BEACH North Bay Road Bridge Re-design for Easement Concerns PROJECT DESCRIPTION 1. SCOPE OF SERVICES Calvin, Giordano & Associates, Inc. will perform the following services based on our understanding of the project requirements: I. Professional Engineering Services A. Civil Engineering 1. South Bridge Approach: • Civil Engineering modifications to the South Bridge approach due to: FPL transformer location, Porto Bellagio ingress/egress, hardscape, fencing, lighting, drainage, irrigation and landscaping are excluded from this proposal 2. North Bridge Approach: • Incorporate shifted sidewalk along the east MSE wall with revised drainage. Widen east pathway as permissible. • Incorporate or modify drainage & civil design changes as required as a result of the 174th St. project. 3. It is assumed that no permitting modifications or services will be required as a result of these changes. Any additional permitting effort shall require an Additional Services Agreement. • B. Electrical Engineering 1. Meet with City and consultants to discuss revised plans. Determine extent of structural modifications which will impact electrical lighting, conduits, cabinets, etc. Revise electrical plans to coordinate with structural modifications both at bent 1-2 and south approach. Work Authorization No. 177 October 29,2015 Calvin,Giordano&Associates,Inc.Proposal No. 15-7567.1 C. Traffic Engineering 1. Design Modification • Considering the purpose of the structural design modification at Bent#1, CGA Traffic Engineers will review and evaluate all available survey data to help minimize and mitigate any potential impacts of the proposed pedestrian bridge on adjacent properties. • As part of the design modification process, an extensive Quality Assurance/Quality Control review will be completed to ensure that all the potential impacts of the proposed bridge are mitigated and addressed • Traffic Engineering modifications to the South Bridge Approach due to: FPL transformer location, Porto Bellagio ingress/egress, hardscape, fencing, lighting, drainage, irrigation and landscaping are excluded from this proposal. D. Structural Engineering(Sub-Consultant) 1. South Bridge Approach • Structural Engineering modifications to the South Bridge Approach(South end bent; Bent#1). II. Professional Government Consulting Services A. Participate in various meetings with City staff and other consultants to discuss Bent#1 structural re-design per the City requests. C. Manage and QC the completion of the traffic re-design due to structural revisions at Bent#1 per the City directions. D. Manage the completion of the structural re-design at Bent#1 to be completed by the Structural FOR per the City directions. E. Manage the notifications only to the permitting AHJ of the minor re-design. Although it is not anticipated at this time, any permit modifications required will need to be addressed in additional work authorizations. Permit C J Work Authorization No.177 October 29,2015 Calvin,Giordano&Associates,Inc.Proposal No. 15-7567.1 modifications are not included in the cost of this proposal. F. Management of and participation in meetings with FPL,Miami Dade County Fire Department and Porto Bellagio are specifically excluded from the scope of this CGA proposal. 2. BASIS OF COMPENSATION Hourly rates with an estimated fee of$73,955.00 plus reimbursables at $3,697.75 with a total not to exceed amount of$77,652.75. Payments to be made monthly. 3. SUBMITTED Submitted by: Date: /. /3�/� CALVIN,GIORDANO&A CIATES,INC. 4. APPROVAL Approved by: Date: Chris Russo,City Manager \� tv Work Authorization No. 177 October 29,2015 Calvin,Giordano&Associates,Inc.Proposal No. 15-7567.1 CITY OF SUNNY ISLES BEACH WORK AUTHORIZATION ESTIMATE DATE October 29,2015 WORK AUTHORIZATION NO. 177 PROJECT NAME North Bay Road Bridge Re-design for Easement Concerns DESCRIPTION Re-design bridge due to concerns regarding easement ESTIMATED DESIGN TIME 0 ESTIMATED CONSTRUCTION TIME 0 ESTIMATED CONSTRUCTION COST $0.00 TITLE RATE HOURS COST Director Engineering V $165.00 20 $3,300.00 Engineer II . $105.00 60 $6,300.00 Environmental Consultant $150.00 25 $3,750.00 Project Engineer III $125.00 80 $10,000.00 Project Manager IV $145.00 349 $50,605.00 $73,955.00 SUB-CONSULTANTS . • COST LABOR SUBTOTAL $73,955.00 REIMBURSABLE SUBTOTAL $3,697.75 TOTAL $77,652.75 Reviewed by: - Chris Russo,City Manager +1 -11A CITY OF SUNNY ISLES BEACH AGREEMENT WITH CALVIN, GIORDANO & ASSOC. INC. CONTRACT NO. C1112-006 THIS AGREEMENT,entered into this t S* day of Utf;Ern4 ti 2011, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and CALVIN, GIORDANO & ASSOCIATES, INC. a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as the "Consultant"), whose federal tax identification number is (a5-e ,t 3w) RECITALS WHEREAS, the City is in need of professional government consulting services including but not limited to prime consultant services,permitting and design development related • to the Emergency Bridge Project("Services"),as more particularly described in Attachment"A", attached hereto and made a part hereof;and WHEREAS, the Consultant is qualified, willing and able to provide the Services on the terms and conditions set forth herein;and WHEREAS,the City desires to enter into this Agreement with Consultant to provide the Services in a total amount not to exceed Five Hundred Sixty-Two Thousand Five Hundred Ninety-Four Dollars($562,594.00); and NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. CONSULTING SERVICES. Consultant shall provide to the City the Services as more particularly described in Attachment"A"attached hereto and made a part hereof. 3. TERM. The term of this Agreement shall begin upon the issuance of a Notice to Proceed from the City Manager or his designee and shall terminate upon the completion of the Services. 4. COMPENSATION. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered,the City shall pay Consultant an amount not to exceed Five Hundred Sixty-Two Thousand Five Hundred Ninety-Four Dollars ($562,594.00); for the performance of the stated Services. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment"A"and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. C1112-006 Cahn',cra.t* ATTACHMENT "B" i.� b. Payment Schedule. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof,then this Agreement shall be terminated upon ten (10) days written notice and the Consultant shall be compensated for the Services satisfactorily performed prior to the effective date of termination. d. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's 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. 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 d 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. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum - insurance coverages to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, contractors or employees, as more particularly:set forth below: Page 2 of 8 Cll12-006 Calvin.Giardow ad Associates (a) General liability insurance with limits of One Million Dollars ($1,000,000) combined single limit occurrence. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office,and must include: Premises and/or Operations. Independent Contractors. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The City of Sunny Isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Consultant or the acts or omissions of Consultant in connection with such operation. (b) Professional liability insurance: The limits of such liability provided by such policy shall be no less than One Million Dollars ($1,000,000) combined single limit occurrence. (c) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (d) Business Automobile Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Hired and non-owned vehicles. Employers'non-ownership. Such policies of insurance shall not diminish Consultant's indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to!be primary over any insurance, which the City may maintain. Before any work under thi; , �- Page 3 of 8 C1112.006 Cahn.Giordano aid Aramaoe i Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty(30)calendar days prior written notice to the City Manager or his designee. 7. OWNERSHIP OF 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. 8. DUTY TO INDEMNIFY AND HOLD HARMLESS. Consultant agrees to indemnify and hold harmless, the City, its officers,agents, employees from,and against any and all claims, actions,liabilities, losses and expenses including,but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of Services under this Agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims'and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation his a specific consideration from the City to the Consultant for this indemnity. 9. TERMINATION. A. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations — ent, the Cityshaf t-have-the-right-to-terminatethe-Services-then-remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant shall be delivered to the City and the City shall compensate the Consultant for all services satisfactorily performed prior to the 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 payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written Page 4 of 8 '` !r. C L. 1112-006 Cabin.Giordano cad Associates notice which shall become effective ten(10)days following receipt by Consultant. The terms of Paragraphs A(i)and CO shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Consultant subcontract any services under this agreement, it shall be done with continued liability for the Consultant. The Consultant shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Consultant 11. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally,waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of under, on or in connection with this agreement or any course of conduct,course of dealing, statements(whether verbal or written)or actions of either of party. 12. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 13. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which --the-Consultant-shall-leave- smpleymeet-of the-pity-fer-any-reason-whatsoever,disclosete any person or entity,other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity,to enjoin the Consultant in a court of equity for violating such provisions. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent(except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid,return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service),addressed to such party as follows: Page 5 of 8 CI112-006 Cd'o'.Giordano aid&socks= S J/IL,, • If to the City: Alan J.Cohen With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach,Florida 33160 Fourth Floor Tel: (305)792-1701 Sunny Isles Beach,Florida 33160 Tel: (305)792-1702 If to the Consoltatt: Dennis J.Giordano,President Calvin,Giordano&Associates,Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale,Florida 33316 _ Tel:(954)921-7781 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 16. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE(3)years. 17. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended,Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, 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. 18. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1,as amended;and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein,in connection with the Agreement conditions hereunder. ! . Page 6 of 8 �' t CIII2dG6 Calvet Gordan adAsioefaes The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Consultant further covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Consultant No member of or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 19. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to any attachments hereto. 20. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver,change,modification, extension and/or rescission is sought [Remainder of page intentionally left blank.] Page 7 of 8 C11124106 Cabin.Giord®w and Azaxides • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CALVIN,GIORDANO AND ASSOCIATES,INC. Cn &10fdc+wo BY: Print Name Signature&Title WITNESSES: dDtLIT 14,18sWp041.1 Print Name AITES°I': CITY OF SUNNY ISLES BEACH :BY: 1 Jane A. Hin .g; CMC,City Clerk N, i : i S.Edelcup,Mayor APPROVED AS TO FORM AND LEGAL S ' , r CY . I BY: s-T!fw dot,City Attorney PN 5 t.% V. Page 8 of 8 C1112-006 Cain*,Giordano end As odmes • Item Coversheet Page 1 of 2 o4S3"- -`,�e City of Sunny Isles Beach -_ �c_ 18070 Collins Avenue - Sunny Isles Beach,Florida 33160 �,. °c..'. --'0‘'. °o;' (305)947-0606 City Hall 'a,s•pK'' (305)949-3113 Fax . MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo,City Manager FROM: Elka Linton-Dorsett,Capital Projects Manager DATE: 11/19/2015 Resolution Approving the Fourth Amendment with RE: Calvin, Giordano & Associates, Inc. for the North Bay Road Bridge Re-Design Services for Easement Concerns RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. REASONS: In July of 2010,the City entered into a contract with Calvin Giordano and Associates,Inc. for the design and permitting of the North Bay Road Pedestrian Bridge.There have been three(3)amendments to the scope of work for additional services specifically: • Work Authorization No. 143 South Approach and Gate Controls:Traffic signal design to address safety concerns for vehicular and pedestrian traffic at the at-grade approach for the south landing. • Work Authorization No. 145 Increased Scope:A complete bid take off, analysis and constructability review by a licensed and well known marine contractor. Work Authorization No. 149 Increased Scope:Hydrographic surveying services needed to elevate possible mitigation areas within the City and identify suitable candidates for seagrass mitigation arrears. • Work Authorization No. 162 Increased Scope:Provide a final design that incorporates ADA compliance modifications and the relocation of an existing FPL transformer at Porta Bellagio that is in direct conflict with the south landing of the bridge;and additional local permitting. • Work Authorization No. 177 North Bay Road Bridge Re-design Services: This work authorization will be the fourth amendment to the existing contract,allowing Calvin Giordano and Associates,Inc and associated sub- consultants to provide a re-design of the southern bridge landfall to avoid an existing Porto Bellagio easement conflict.These additional services shall be in the amount not to exceed$77,652.75 per the attached agreement. ADDITIONAL INFORMATION: This is a companion item to a Resolution Approving the Award of RFP No 14-09-01 to and Approving an Agreement with Ebsary Foundation Co. to Provide Professional Construction Services for Construction of the North Bay Road Pedestrian Emergency Bridge FUNDING SOURCE: 300-5-5390-465000-83001 ATTACHMENTS: http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1784 11/12/2015 Item Coversheet Page 2 of 2 Description Resolution Agreement Item Number: 10.H. http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1784 11/12/2015