Loading...
HomeMy WebLinkAboutReso 2003-598 RESOLUTION NO. 2003- .~ 9 )( A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE FIRM OF CALVIN, GIORDANO AND ASSOCIATES, INC., FOR SURVEYING, ENGINEERING DESIGN AND CONSTRUCTION INSPECTION SERVICES FOR THE RESIDENT ONLY PARKING ADJACENT TO THE CITY'S PASSIVE AND ACTIVE PARKS ON NORTH BAY ROAD, IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND DOLLARS ($20,000.00), PLUS REIMBURSEMENT OF TWO THOUSAND DOLLARS ($2,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach entered into an Consultant Agreement with Calvin, Giordano and Associates, through Resolution No. 2003-517 on February 20, 2003, for professional Capital Improvement Management services; and WHEREAS, the City of Sunny Isles Beach now desires to enter into an agreement with Calvin, Giordano and Associates, for surveying, engineering design and construction inspection services for the Resident Only Parking adjacent to the City's Passive and Active Parks on North Bay Road; and WHEREAS, staff has determined that Calvin, Giordano and Associates, Inc. has the expertise, time and resources to provide the desired services; and WHEREAS, Calvin, Giordano and Associates, Inc. has submitted a proposal for the above referenced services, in an amount not to exceed Twenty Thousand Dollars ($20,000.00), plus reimbursement of Two Thousand Dollars ($2,000.00), 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 Agreement. The Agreement by and between the City of Sunny Isles Beach and Calvin, Giordano and Associates, Inc. for surveying, engineering design and construction inspection services for the Resident Only Parking adjacent to the City's Passive and Active Parks on North Bay Road, in an amount not to exceed Twenty Thousand Dollars ($20,000.00), plus reimbursement of Two Thousand Dollars ($2,000.00), attached hereto as Exhibit "A", be, and the same, is hereby approved. R2003- Calvin Giordano Resident Only Parking 1 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 the terms of this resolution. Section 4. Effective Date. This Resolution is effective upon passage. PASSED AND ADOPTED this IS" day of SeptemiYlO3. /Y~~ David Samson, Ma~or ATTEST: ...~11.~ , Jane A. Hines, Acting City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY '/ ._~ l ~ -, L' n M. Dannheisser, City Attorney Seconded by: "'0 r{\aL\OY E&rJ(~ 1 COYvvv'M~\;~ l~\tu' Moved by: Vote: 5-0 Mayor Samson Vice Mayor Ede1cup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman 0Yes) ~es) ~(Yes) ~~s) :JZ(y es) _(No) _(No) _(No) _(No) _(No) R2003- Calvin Giordano Resident Only Parking 2 . ~ &\ ",..,-.;:;:",:_,^Z.);>~~ ReDlv to: o 1800 Eller Drive Suite 600 Fort Lauderdale, Florida 3JJl6 (954) 921.7781 (954) 921.8807 fax o 560 Village Boulevard Suite 340 West Palm Beach, Florid. 33409 (561) 684-6161 (561) 684-6360 fax Calvin, Giordano & Associates, Inc. Engineers Surveyors Planners August 28, 2003 Mr. Christopher Russo City Manager CITY OF SUNNY ISLES BEACH 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 Re: Work Authorization No. 16 Resident Only Parking CGA Proposal No. 03-4415 Dear Mr. Russo: RECEIVED AUG 2 9 2003 City of Sunny Isle. eeach Office of the City Manag.r Enclosed for your review and approval is Work Authorization No.16 for the above- referenced project. We have also included a location map showing the vicinity of the work to be performed as described within the scope of services. Surveying, Engineering Design and Construction Inspection services shall be performed for the Resident Only Parking adjacent to the City's Passive and Active Parks on North Bay Road as shown on the attached drawing. Should you have any questions concerning this matter, please feel free to contact me at your convemence. Sincerely, CALVIN, GIORDANO & ASSOCIATES, INC. LL~ Dennis J. Gio.rda'rio President ---._~_..- DJG/gh Enclosures P:\Projects\2003\034415 Sunny 1~les Resident Only Parking\SlInny Isles Work Authorization - Resident Only Parking.doc Work Authorization No 16 August 28, 2003 Calvin, Giordano & Associates, Inc, Proposal No, 03-4415 CITY OF SUNNY ISLES BEACH Resident Onlv Parkin!! PROJECT DESCRIPTION: 1. SCOPE OF SERVICES I. Professional Land Surveying Services A. Design Survey Determine existing dimensions and elevations, and locate eXlstmg. site boundary, parking lots, driveways, stmctures, fencing, trees and other physical features as specified by the engineer. Prepare CADD base .file with all information relevant to site engineering design. II. Professiomd Civil Engineering Services A. p..-e1iminary Investigation Visit and inspect site to detennine existing conditions. Take photos,ma.lce written documentation, sketches, notes and research ~,pecifk codc:s. regulations and requirements. B. Design Phase Prepare proposed engi.ne~ring design for the "Resident Only" parking adjacent to the City's Passive cmd Active Parkson North Bay Road while taking into account location of. existing roadways, sidew.i.lks, property lines, trees, structures. existing grades and dimensions. C. Final Civil Engineering Services Prepare construction drawings and specifications including paving, grading and drainage plans in accordance with all applicable code:;. Secure all necessary approvals for construction of project as required. Perform all work incidentals to design of layout. Provide engineering drawings at time of technical compliance. During bidding phases, any Requests for Information (RFI's) shall be responded to, bids shall be opened, tabulated and recommendations shall be made. III. Construction Phase Services A. Shop Drawing review and approval. B. As-built Drawing review and approval. C. final Certification and Closeout. D. Pay Request review and approval. E. Attend the pre-bid and monthly meetings. F. Visit the site on regular basis to inspect constmction and assist the contractor with any design related questions. P:\Projects'2003\0344 15 Sunn)' Isles Rc~ident Only Parklllg\Sullny Islcs 'A'llr!,; AuthoriLatim - Resilient Only Parking.Joe Work Authorization No,l6 August 28, 2003 Calvin, Giordano & Associates, Inc. Proposal No. 034415 ~ 2. BASIS OF COMPENSATION: ("J-t\ 000.00 ,<.4 2) 00000 Hourly rates with an estimated fee of $-26,670" plus reimbursables at ~ with a total not to exceed amount of S.28,679-. Payments to be made monthly. 1t 2. ?-)C-ro .0D 3. TIME OF PERFORMANCE: Item 1 through 3 under the Scope of Services will be completed within 60 calendar days after the Notice to Proceed except for delays beyond the control of the Consultant. 4. SUBMITTED: lLY- Date: It> tt,) Submitted by: Calvin, Giordano & Associates, Inc. 5. APPROVAL: ~/A Christopher Russo City Manager Date:~ Approved by: PIProjectsl200310344l5 Sunny Isles Resident Only Parking\Sunny Isles Work Authorization - Resident Only Parking doc '- ...~ Work Authorization No.16 August 28, 2003 Calvin, Giordano & Associates, Inc. Proposal No. 03-4415 CITY OF SUNNY ISLES BEACH WORK AUTHORIZATION ESTIMATE - AUGUST 28,2003 WORK AUTHORIZATION NO. PROJECT NAME # 16 Resident Only Parking CGA Proposal No. 03-4415 Surveying, Engineering Design and Construction Inspection services shall be performed for the Resident Only Parking adjacent to the City's Passive and Active Parks on North Bay Road DESCRIPTION ESTIMATED DESIGN TIME: ESTIMATED CONSTRUCTION TIME: ESTIMATED CONSTRUCTION COST: (add titles accordingly) ASSOCLATE,ENG~ERING PROJECT MANAGER PROJECT ENG~ER CADD TECNICIAN LANDSCAPE ARCHITECT ASSOCLATE,LANDSCAPE LANDSCAPE CADD TECHNICIAN SENIOR LANDSCAPE ARCHITECT INSPECTOR CLERICAL GIS COORDINATOR GIS TECHNICIAN SENIOR REGISTERED ENG~ER SURVEY COORDINATOR SURVEY CADD TECHNICIAN SURVEY CREW ELECTRICAL ENG~ER SUBCONSUL TANT IRRIGA nON SUBCONSUL T ANT ARCHITECT SUB CONSULTANT 2 Weeks 2 Months $195,000 ReVie~~ Christopher Russo, City Manager HOURS 2 18 106 20 o o o o 48 o o 1 8 10 24 68 RATE $ 130.00 $ 105.00 $ 95.00 $ 65.00 $85.00 $ 130.00 $ 65.00 $ 100.00 $ 70.00 $ 70.00 $ 0.00 $ 80.00 $ 85.00 $ 75.00 $ 65.00 $ 90.00 COST $ 260.00 $ 1,890.00 $ 10,070.00 $ 1,300.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 3,360.00 $ 0.00 $ 0.00 $ 80.00 $ 680.00 $ 750.00 $ 1,560.00 $ 6,120.00 $ 0.00 $ 0.00 $ 0.00 LABOR SUBTOTAL RE~BURSABLESUBTOTAL TOTAL $ 26,070.00 $ 2,607.00 $ 28,677.00 P:\Projects\2003\0344 I 5 Sunny Isles Resident Only Parking\Sunny Isles Work Authorization, Resident Only Parking. doc ~ '\ CITY OF SUNNY ISLES BEACH RESIDENT -ONL Y PARKING CONSULTANT SERVICES AGREEMENT CONTRACT NO. 03-4415-1 TillS CONSULTANT AGREEMENT made and entered into this --.J ~ day of ~~~ 2003, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to "City") and CALVIN, GIORDANO & ASSOCIATES, INC., a Florida corporation, authorized to do business in the State of Florid~ (hereinafter referred to as "Consultant"), whose Federal I.D.# is Ct6-oo t 3<3~~ . WHEREAS, Consultant is a qualified consultant firm; and WHEREAS, the City wishes to employ Consultant to advise and assist with Surveying, Engineering Design and Construction Inspection services performed for the Resident Only Parking adjacent to the City's Passive and Active Parks on North Bay Road and other services more particularly described in shown in Exhibit "A" attached hereto and made a part hereof. WHEREAS, the Consultant is qualified, willing and able to provide the desired services on the terms and conditions set forth herein; NOW THERFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as set forth below: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part of hereof for reference. 2. SERVICES TO BE PERFORMED. Consultant shall perform the following services: a. Surveying, Engineering Design and Construction Inspection services performed for the Resident Only Parking adjacent to the City's Passive and Active Parks on North Bay Road and other services more particularly described in shown in Exhibit "A" attached hereto and made a part hereof. b. Consultant will prepare and present oral/written reports as needed or as requested on a periodic basis while engaged in special projects. Consultant shall provide, on a monthly basis, to the City Manager, a detailed narrative report delineating all services provided by the Consultant in the previous month. The Consultant shall also provide quarterly, written reports, detailing all of the Consultant's activities in the previous quarter and the results of the Consultant's efforts. Each report required herein will be submitted to the attention of the City Manager. c. The total price for these services shall not exceed Twenty Thousand Dollars ($20,000.00) plus reimbursement of Two Thousand Dollars ($2,000.00) payable: ~onthly 0 as invoiced. 1 Calvin, Giordano Resident Only Parking Consultant Agreement Attomey/ Agreementsljb . , City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 10 hereunder, the term of this Agreement shall be from September 30, 2003 to December 30, 2003, and shall begin within ten (10) days after notification to proceed. Any change in fee, terms or conditions shall be accomplished by written amendment to this contract. 4. COMPENSATION. 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 Exhibit "A", which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. PaYment Schedule. Invoices received from the Consultant pursuant to this Agreement will be reyiewed 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. 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 and 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. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30) days written notice to Consultant. Upon termination, the City may re-bid the project if the Consultant fails to perform under this Agreement due to the undisclosed conditions. 2 Calvin, Giordano Consultant Agreement Attorney/ Agreementsljb . , City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 6. INDEPENDENT CONSULTANT RELATIONSHIP. The Consultant is an independent Consultant 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 Consultant 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. 7. 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 coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, sub-Consultants or employees, as indicated below: Q 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 limits of One Million Dollars ($1,000,000) combined single limit occurrence. Q Workmen's Compensation, with no less than $100,000 for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City, its agents, employees and officials. Q Errors and Omission -- Consultant shall carry a minimum of $500,000 coverage for errors and omissions. Q Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for limits of not less than $500,000 per occurrence, Combined Single Limit or its equivalent. 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(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City. 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 contractualliabiJity, 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's Risk Management 3 Calvin, Giordano Consultant Agreement Attorney/ Agreements/jb . , City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Department. 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 require 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. 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. Consultant shall deliver to the City for approval and acceptance, and before being eligible for final payment or any amounts due, all documents and materials prepared by, and for, the City under this Agreement. All oral and written information not in the public domain or not previously known, and all information and data obtained, developed or supplied by the City, or at its expense, will be kept confidential by the Consultant and will not be disclosed to any other party, directly or indirectly, without the City's prior written consent, unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed or purchased under this Agreement for, or at the City's expense, shall be and remain the City's property and may be reproduced and reused at the discretion of the City. The City and Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including, but not limited to, any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 9. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, and 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, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of services pursuant to that 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 4 Calvin, Giordano Consultant Agreement Attorney! Agreements/jb City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 10. 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 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 yiolation 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. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub- Consultant[ s]) 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. 11. 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. 111. After receipt of a Termination Notice and except as otherwise directed by the City, the Consultant shall: 1. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 3. Transfer all work in process, completed work and other materials related to the terminated work to the City. 4. Continue and complete all parts of that work that have not been terminated. b. Termination for Conyenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed in the event the Consultant 5 Calvin, Giordano Consultant Agreement Attorney/ Agreements/jb City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax is placed either in voluntary of involuntary bankruptcy or makes any assignment for the benefit of creditors. 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. 11. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement without 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. 12. TIME OF COMPLETION. The services to be rendered by the Consultant shall be commenced upon execution of this contract and shall be completed within the time specified in this Agreement. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by circumstances beyond the reasonable control of the Consultant including weather conditions of acts of God which render the performance of the Consultant's duty impracticable. 13. AUTHORITY TO PRACTICE. Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the City prior to commencement of work under this Agreement. 14. MODIFICATIONS OF WORK. The City reserves the right to make changes in the work, including alterations, reductions or additions thereto. Upon receipt of the City's notification of a contemplated change, the Consultant shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in completion date, and (3) advise the City in writing if the contemplated change shall affect the Consultant's ability to meet the completion dates or schedules of this Agreement. 15. COORDINATION OF SERVICES. The City's representative/liaison during the performance of this Agreement shall be Christopher J. Russo, City Manager, telephone number 305/947-0606. Consultant shall not respond to requests for services under this Agreement unless the request is received directly from Christopher J. Russo, City Manager, or designated personnel. Any requests received from other City departments/divisions shall be referred to the City Manager's Department representative designated aboye. Services performed without authorization by Christopher J. Russo, City Manager, shall be considered unauthorized and shall not be compensated/paid by the City. 16. 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. 6 Calvin, Giordano Consultant Agreement Attorney! Agreementsljb City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. The non-prevailing party shall pay all costs of arbitration and attorneys' fees incurred by the parties 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. 17. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period ofTen (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 "confidentia1." 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. 18. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City to Christopher J. Russo, City Manager, with a copy to Lynn M. Dannheisser, City Attorney, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and, if intended for Consultant, shall be addressed to Calvin, Giordano & Associates, Inc., 1800 Eller Drive, Suite 600, Ft. Lauderdale, FL 33316, Attention: Dennis Giordano, President. Telephone: 954/921-7781; Fax: 954/921-8807. 19. GOVERNING LAW. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 20. 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. 21. 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 I 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 Executiye 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/family 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.iSuch employment practices include but are not limited to the following: hiring, upgrading, 7 Calvin, Giordano Consultant Agreement Attorney! Agreementsljb City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor 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. 22. 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 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. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly that should conflict in any manner or degree with the performance of the services. 23. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. 24. MISCELLANEOUS. a. The rights granted to Consultant hereunder are nonexclusive, and the City reserves the right to enter into agreements with other persons or firms to perform services including those provided hereunder. b. Consultant and its employees shall promptly observe and comply with applicable provisions of all published federal, state and local laws, rules and regulations which govern or apply to the services rendered by Consultant hereunder, or to the wages paid by Consultant to its employees. c. Consultant shall obtain and keep in force during the term of this Agreement all necessary licenses, registrations, certificates, permits and other authorizations as are required by law in order for Consultant to render the service(s) required hereunder. d. Consultant shall not use the name or official seal of the City in any promotional material without the prior written consent of the City. e. Except as expressly provided for in this Agreement, Consultant is not authorized to act as the City's Agent hereunder and shall have no authority, expressed or implied, to act for or bind the City hereunder, either in Consultant's relations with sub-Consultants, or in any other manner whatsoever. 25. ENTIRE AGREEMENT. This Agreement and Attachment Exhibit "A," which is expressly incorporated herein by reference, shall constitute the entire agreement between the 8 Calvin, Giordano Consultant Agreement Attorneyl Agreementsljb " . City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. 26. AMENDMENT. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement In duplicate on the day and year first written above. CALVIN, GIORDANO & ASSOCIATES, INC. By: Print/type Name:l) flr1 is (3 ((f'fLhnD President ATTEST: , . ~ .... ~ ~BX:'~~~ 'A~ ' .i Jan~ A: Hine:s,: Acting City Clerk APPROVED AS TO FORM AND LEGAlJ UFFICIENCY By: 9 Calvin, Giordano Consultant Agreement Attorney! Agreementsljb .."' ACORD. CERTIFICATE OF LIABILITY INSURANC~~~~ T~ DATE (MMlDDIYY) 10/09/03 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Lauderdale r.L 33310-5727 Phone: 954-776-2222 Fax: 954-776-4446 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hartford Insurance Group INSURER B: Zurich American IDS. Group calvin! Giordano # Assoc, Inc. INSURER C 1800 E ler Drive 600 INSURER 0 Ft. Lauderdale r.L 33316 I INSURER E: COVERAGES THE POliCIES OF INSURANCE L1SlEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR T1-E POLICY PERIOD INDICATED. NOlWlTI;STANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, T1-E INSURANCE PoFFOROED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO ALL T1-E TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POliCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. I~f: TYPE OF INSURANCE POLICY NUMBER DATE" (MMlDDIYY) DATE (MMlDDIYY) LIMITS GENERAL LIABIUlY EACH OCCURRENCE $1,000,000 - 01/01/03 01/01/04 A ~ COMMERCiAl GENERAl. LIABILITY 21UUNLK3645 FIRE DAMAGE (Any one fire) $300,000 - :=J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10,000 - PERSONAl. & fJDV INJURY $ 1,000,000 - GENERAl. AGGREGATE $2,000,000 GENt AGGREGATE LIMIT N'PLlES PER: PRODUCTS, COMPIOP AGG $ 2,000,000 I POLICY fXl ~ n LOC _ Ben. 1,000,000 AUTOMOBILE LIABILIlY COMBINED SiNGlE LIMIT - $1,000,000 A ~ ANY AUTO 21UUNLK3645 01/01/03 01/01/04 (Ea accident) AlL OWNED AUTOS BOOIL Y INJURY - $ SCHEDULED AUTOS (Per penon) - HIRED AUTOS BOOIL Y INJURY - $ NON-OWNED AUTOS (Per accident) - X Compo $1,000 PROPERTY DAMAGE X Coll. $1,000 (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA N:;C $ AUTO ONLY />I:!,G $ EXCESS LIABILITY EACH OCCURRENCE $ 3,000,000 A ~ OCCUR o CLAIMS MADE 21XHULK3604 01/01/03 01/01/04 AGGREGATE $ 3,000,000 $ ~ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSAnoN AND X I TORY LIMITS I IVER A EMPLOYERS' LIABILITY 21WBDX3788 01/01/03 01/01/04 $ 500000 El EACH N:;CfDENT E.L. DISEASE, EA EMPLOYEE $ 500000 E.L DISEASE, POLICY LIMIT $ 500000 OTHER B Professional Liab IIllCSSIt1520a CLAIIIS_ 08/27/03 08/27/04 Limit $1,000,000 (Ded.$100,000) RBTElO DATE: 8/1/1959 Agqreqate $2,000,000 DESCRfJ>TION OF OPERAl10NSlLOCATIONSJYEHlCLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Project: ReSident-only parking consultant services agreement contract No. 03-4415-1. City of Sunny Isles Beach are additional insured with respects to the General Liability Coverage. CERTIFICATE HOLDER I y I ADDmONAL INSURED; INSURER LETTER: CANCELLATION CITYO!'S SHOULD AN'( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRAl10N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL J.L DAYS WRITTEN City of Sunny Isles Beach NDl1CE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BlIT FAll.URE TO DO SO SHALl Attn: Cecil IMPOSE ND OBLIGATION OR LIABILITY OF AN'( KIND UPON THE INSURER, rrs AGENTS OR 17070 Collins Avenue, Ste 250 Sunny Isles Beach FL 33160 REPRESENTATlVES, I ~~~S~TlVE ~ _~ .--"" '1 r L.,. . ACORD 25-5 (7197) ~ ACORD CORPORATION 1988 City of Sunny Isles Beach City Commission SugNY /t/eDavid Samson,Mayor :°e ->k,.., 17070 Collins Avenue, Suite 250 Norman S.eaemup,vice Mayor # SunnyIsles Beach, Florida 33160 Danny Iglesias,Commissioner Gerry Goodman,Commissioner (305) 947-0606 City Hall Lila Kaortman,Commissioner X305) 949-3113 Fax Christopher J.Aum,City Manager 's, , rco>�° X3051947-2150 Building Department Lyon M.Daanheisuq City Attorney a, su ^" (305) 947-5107 Fax Jane Hines,AceNg Cid Ckrk MEMORANDUM To: City Commission .... ....A From: Christopher D. Steers,Code Enforcement and Licensing Director Date: September 18,2003 Re: Approval of Agreement with Calvin, Giordano & Associates, Inc. for Resident Only Parking Project: Surveying, Engineering, Design, and Construction Inspection Services. RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution: approving an agreement with Calvin, Giordano &Associates, Inc. (CGA) for Surveying, Engineering,Design, and Construction Inspection Services that shall be performed for the Resident Only Parking adjacent to the City's Passive and Active Parks on North Bay Road. REASONS The City Commission, City Manager, and staff are moving forward to create pedestrian friendly on- street parking that accommodates our residents, and provides park access for all residents regardless of where they live within the City. The planned improvements to some of the City's transit-related infrastructure associated with this project will further enhance the City, and help meet some of the parking needs of our citizens. The resulting improvements will also accommodate our tourists and visitors by establishing and/or improving transit-related infrastructure including signage and pavement markings creating clearly delineated on-street parking areas. ADDITIONAL INFORMATION: . The overall concept was previously approved by the City Commission In March of 2003 and the related ordinance passed first reading at the July 17,2003 Commission Meeting. Attachment. Agenda Item Date 9-18-03