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HomeMy WebLinkAboutReso 2004-689 ~~ " RESOLUTION NO. 2004- toRQ 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 CALVIN, GIORDANO AND ASSOCIA TES, INC., TO PROVIDE LAND SURVEYING, ENGINEERING DESIGN, AND CONSTRUCTION INSPECTION SERVICES FOR AN UNDERGROUND DRAINAGE SYSTEM FOR MARGOLIS PARK, LOCATED BETWEEN NORTHEAST 17STH DRIVE AND NORTH BAY ROAD, IN AN AMOUNT NOT TO EXCEED FIFTY-FIVE THOUSAND TWO HUNDRED FIFTY-ONE DOLLARS ($55,251.00), 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 an underground drainage system for Margolis Park, located between Northeast 17Sth Drive and 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 Fifty-Five Thousand Two Hundred Fifty-One Dollars ($55,251.00), 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 an underground drainage system for Margolis Park, located between Northeast 17Sth Drive and North Bay Road, in an amount not to exceed Fifty-Five Thousand Two Hundred Fifty-One Dollars ($55,251.00), attached hereto as Exhibit "A", be, and the same, is hereby approved. R2004- Calvin Giordano Margolis Pk Underground Drainange 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 8th day of July, 2004. ;. "A ITEST: \' '" ;.. . ' ,"\. ~~' /ilL J ahe A. Hines, Gity Clerk APPROVED AS TO FORM AND LEGAL S C NCY Moved by: VI u yY\~(..:.oo~..o Seconded by: C~ .~~ &'R ~~210 Vote: S-G Mayor Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler _(No) _(No) _(No) _(No) _(No) R2004- Calvin Giordano Margolis Pk Underground Drainange 2 CITY OF SUNNY ISLES BEACH UNDERGROUND DRAINAGE SYSTEM CONSULTANT SERVICES AGREEMENT CONTRACT NO. 04()7--~o-6oo-56/7f} THIS CONSULTANT AGREEMENT made and entered into this g'fl( day of ~ 2004, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a munici corporatIon of the State of Flonda, (heremafter referred as to "CIty") and CALVIN, GIORDANO & ASSOCIATES, INC., a Florida corporation, authorized to do business in the State of Florida, (hereinafter referred to as "Consultant"), whose Federal LD.# is ((6-0013'3kCj WHEREAS, the Consultant is qualified, willing and able to provide the desired services on the terms and conditions set forth herein; WHEREAS, the City wishes to employ Consultant to provide land surveying, engineering design, and construction inspection services for an underground drainage system for Margolis Park, located between Northeast 17Sth Drive and North Bay Road. and other services more particularly described in shown in Exhibit "A" attached hereto and made a part hereof. 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 for an underground drainage system for Margolis Park, located between Northeast 17Sth Drive and 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 FIFTY-FIVE THOUSAND TWO HUNDRED FIFTY-ONE DOLLARS ($55,251.00) payable: 0 monthly)e' as invoiced. Calvin, Giordano Underground Drainage - Attorney/ Agreementsljb Exhibit "A" S\B 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 commence upon execution by both parties and shall terminate upon the completion of Services described in Exhibit "A", and shall begin within ten (10) days after the execution of this Agreement. 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 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. Availabilitv 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 perfonned 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, pennits, 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 2 Calvin, Giordano, Underground Drainage - Margolis Park Attorney/ Agreementsljb SIB City of Sunny Isles Beach 17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax re-bid the project if the Consultant fails to perform under this Agreement due to the undisclosed conditions. 6. INDEPENDENT CONSULT ANT 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 shaH, 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: o 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. o 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. o Errors and Omission -- Consultant shall carry a minimum of $500,000 coverage for errors and omissions. [J 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 3 SIB Calvin, Giordano, Underground Drainage - Margolis Park 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 appropriately endorsed for contractual liability, with the City named as additional ~nsured. 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 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 4 Calvin, Giordano. Underground Drainage - Margolis Park Attorney! Agreementsljb SIB City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949..3113 Fax 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 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 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. 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. 5 SIB Calvin, Giordano, Underground Drainage - Margolis Park Attorney/ Agreements/jb City of Sunny Isles Beach 17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947.0606 phone (305) 949-3113 Fax b. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed in the event the Consultant 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 Exhibit "A", if any time is indicated. 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 above. Services performed without authorization by Christopher J. Russo, City Manager, shall be considered unauthorized and shall not be compensated/paid by the City. 6 Calvin. Giordano. Underground Drainage - Margolis Park Attorney/ Agreementsljb SIB City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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 "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. 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 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, 7 SIB Calvin, Giordano, Underground Drainage - Margolis Park 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 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. Such employment practices include but are not limited to the following: hiring, upgrading, 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 V.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. 8 Calvin, Giordano. Underground Drainage - Margolis Park Attorney! Agreements/jb SIB City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 25. ENTIRE AGREEMENT. This Agreement and Attachment Exhibit "A," which is expressly incorporated herein by reference, shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and 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. WITNESS: ( Q'i , f I / 1 By: ( / ~"""-'/ '-------- Print/type Name:.I5enl1i."3 Gu:,('dano President .lt~iIIti Print Nail) ." '1 u /"il:r!t', { C' , / ATTEST: CITY OF SUNNY ISLES BEACH '/'~'> 11 ,I' ~'B~~".""'. ,,'Q-~ . ~~ ~'~. ;.. " J~t: A. Hi~es, ."Bg City Clerk , , APPROVED AS TO FORM AND LEGAL So. FICIENCY By: 9 SIB Calvin, Giordano. Underground Drainage - Margolis Park Anorney/ Agreements/jb . '[I_~. I Calvin, ,Giordano,'& A!sociates, Int, .... j" Engmeers. Sl:Irveyors.. Planners .. Ii o 560 Village Blvd., Suite ~40 West Palm Beach, FL ~~409 Phone:.561.684.6161 Fax: 561.684.6360 www.calvin-giordano.com July 2, 2004 Mr. Christopher Russo City Manager CITY OF SUNNY ISLES BEACH 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 RECEIVEtj-j ! . . JUl 07 2004 . ClIy ot SumlV L.,:~: 3:;".~j, Office of Hiii>c;t1,l "~I~p~a"': .. . . Re: Work Authorization N~ 42 Margolis Park - Underground Drainage System CGA Proposal No. 04-4778 Dear Mr. Russo: : . Enclosed for your'review and approval is Work Authorization No'. 42 for.the above- referenced project. The scope of serVices shall include surveying, engineering design, and construction inspection services for an underground drainage system for Margolis Park, which is located between Northeast 178th Drive and North Bay Road. We have also included. a location map showing the vicinity of the work to be performed as described within the scope of services. ~ Should you have any questions concerning this matter, please feel free to'contact meat . . your convemence. Sincerely, CALVIN, GIORDANO & ~.sSOCIA TES, INC. (]'J? Dennis J. Giordano President DJG/jm Enclosures , .cc: " Scott Gombar " , ~IR Work Authorization No. 42 July 2, 2004 Calvin, Giordano & Associates, Inc. Proposal No. 04-4778 CITY OF SUNNY ISLED BEACH . Mare:olis Park - NE 17Sth Drive and North Bav Road PROJECT DESCRIPTION: ., 1. SCOPE OF SERVICES I. Professional Land Surveying Services A. Design Survey Determine existing park elevations adjacent to the right-of-way, locate existing structures, fencillg,trees, and other physical features as specified by the engineer. Prepare CADD base file with all information relevant to the engineering design of the project site. l II. Professional Civil Engineering Services A. Underground Utility Location Locate existing underground utilities for the purposes of locating potential conflicts with proposed utilities. Existing utilities shall be identified as to type, material and elevation. This information shall be input into, a Geographic Information System (GIS) for the purposes of providing a map of existing utilities within the project area. B.. Preliminary Investigation Visit and inspect site to determine existing conditions. Take photographs, make written documentation, sketches, notes and research specific codes, regulations and requirements. Collect all existing record drawings. Att~nd one (1) meeting with the City to discuss the underground drainage layout. Coordinate with all governmental age~cies that have jurisdiction over the site. . C. Preliminary Design Prepare a preliminary layout of the proposed underground drainage for preseJ;ltation to the City. Attend oq.e (1) meeting to go over the City's comments. Revise the preliminary plans per the City's comments. D. Design Phase Prepare proposed engineering design for the Margolis Park underground drainage system while taking into account location of existing utilities, irrigation piping, sidewalks, right-of-way lines, trees, structures and existing grades. 5\6. P:\Proposa1s\2004 Proposals\04-4778 City of Sunny Isles Beach Margolis Park Underground prainage.doc ~ Work Authorization No.42 July 2, 2004 Calvin, Giordano & Associates, Inc. Proposal.No. 04-4778 E. Final Civil Engineering Services Prepare construction drawings . and specifications including grading and drainage plans in accordance with all applicable codes. Secure ~ll necessary approvals for construction of project with Miami-Dade Public Works, FDOT, Miami-Dade County Environmental Resource Management District, Miami- Dade County Water and Sewer Department and the City of Sunny Isles Beach. 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 sh,~.ll be opened, tabulated and , recommendations shall be made. . III. Construction Phase Services A. Shop Drawing review and approval. B. Record Drawing review and approval. C. Final Certification and Closeout. D. Pay Request review and approval. E. Attend the pre-bid and monthly meetings. 2. BASIS OF COMPENSATION: . Hourly rates with an estimated fee of $52,620 plus reimbursables at $2,631 with a total not to exceed amount of $55,251. Payments to be made monthly. The total not to exceed amount will be'billed on a lump sum basis. 3. TIME OF PERFORMANCE: Item I through III under the Scope of Services will be completed within 60' calendar days after the Notice to Proceed exc pt for delays beyond the control of the Consultant. Submitted by: Date: . 7/:>./" l{ .. 4, SUBMITTED: Calvin, Giordano & Associates, Inc. 5. APPROVAL: ~4 Christ pher R s.so City Manager Date: 7(:lc IO~ Approved by: S1B P:\ProposaIs\2004 ProposaIs\04-4778 City of Sunny Isles Beach Margolis Park Underground Drainage.doc Work Authorization No. 42 . . July 2, 2004 ~alvin, Giordano & Associates, Inc. Proposal No. 04-4778 CITY OF SUNNY ISLES BEACH WORK A-UTHORIZATION ESTIMATE JULY 2, 2004 .... ~ #42 Margolis Park Underground Drainage CGA Proposal No. 04-4778 Surveying, Engineering Design and Construction Services shall be performed for Margolis Park between NE 17Sth Street and North Bay Road. ... . 2 Months WORK AUTHORIZATION NO. PROJECT NAME DESCRIPTION ESTIMATED DESIGN TIME: ESTIMATED CONSTRUCTION TIME: " ESTIMATED CONSTRUCTION COST: 3 Months $283,50().00 ,. TITLE RATE HOURS . COST DIRECTOR, ENGINEERING $115.00 16.00 $1,840.00 PROJECT MANAGER $105.00 40.00 $4,200.00 PROJECT ENGINEER $95.00 160.00 $15,200.00 ENGINEER CADD TECHNICIAN $65.00 144.00 $9,360.00 RESIDENT INSPECTOR . $70.00 194.00 $13,580.00 CLERICAL $55.00 16.00 $880.00 PERMIT ADMINISTRATOR $65.00 24.00 $1,560.00 REGISTERED ENGINEER/SURVEYOR $85.00 4.00 $340.00 SURVEY COORDINATOR $75.00 4.00 $300.00 SURVEY CADD TECHNICIAN . $65.00 16.00 $1,040.00 SURVEY CREW $90.00 48.00 $4,320.00 .. . , LABORSUBTOTATAL REIMBURSABLE SUBTOTAL TOTAL $52,620.00 $2,631.0.0 $55,251.00 Reviewed By: c4#~ Christopher Russo, City Manager S '.B P:\Proposals\2004 Proposals\04-4778 City of Sunny Isles Beach Margolis Park Underground Drainage.doc ~r ,." Ul C> ~ ,." ~ ..., C> C> Z - $C'" PROJECT Nil SHm 1"=100' 04-4778 ..tt "" "U 1 " 1 CIhtn. QonIono I AaocIIta. .. ....-. Suov&,an ......... 1100 ED... om. iuw 800 Fort lawlu4ahl. ftoI'Iu. 133111 I6l.nU?lu 1M.t21.1NIO'I to ~-~Il" CITY OF SUNNY ISLES BEACH MARGOLIS PARK UNDERGROUND DRAINAGE SYSTEM c;~~o~ <:::::J<:~(") ~c:!(;,)<'::::J c:!~~~~ ~~~15" ~ 1\.)"- I\.) - Q,(J,""~ Cl' ''-' ~~ Yl 'oJ . "I\.) ~I\j ~ , From: Vanessa Marcano At Brown & Brown, Inc. FaxID: Brown and Brown Insu To: Ms. Julie CoItieryahn Date: 81512004 11:40 AM Page: 2 of 4 ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID '.r~ DAlE (MMIllDIY'M'J CALV:t-2 08/05/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown , Brown, Znc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE . 5900 N. ADd1:ews Ave. '300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Laudexdale r.L 33310-5727 Phone: 954-776-2222 l'ax:9S4-776-4446 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: IIUl;folOd rift _""'0 Co. C'.r INSURER B: ..tional rire J:nsuEmee eo. of C'.r Calvin! GioxdaDo & Assoc, Znc. INSURER C kidptUU IIlIpl0J9n :DI8. co. Ns. .ru ie Col re~m 1800 Eller Dx ve 600 INSURER 0: _1m _1CU1 _""'0 co Ft. Lauderdale B'L 33316 INSURER E. COVERAGES THE POLICIES OF INSIJIWo4CE L1STCD BELOWJiI\VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA lED. N01WITHST!lKlING I'm REQUIREMENT, lERM OR CONDITION OF N-lY CONTRACT OR OTHER DOClM:NT WflH RESPECT TO WHICH THIS CERTIFICAlE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AfFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE lERMS, EXCLUSIONS!lKl CONDITIONS OF SUCH POLICIES. AGGIlEGAlE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. ~;!!! T'IPE OF INSURANCE POLICY NUMBER oATiiWm DAlE (IIMIIlDl'l'Y) LIMIT8 GENERAL UABLITV EACH OCCLmENCE $1,000,000 - A X ~ COMIooERCIAL GENERAL LIABILITY 21UUNIdU645 01/01/04 01/01/05 PREMiSES(E';,";;;'~) $ 300,000 b ClAIMS WIDE ~ OCCUR I.ED EX? (Any one person) $ 10 ,000 - PERSONAL 4 !>DV INJURY $1,000,000 - GENERAL AGGREGAlE $2,000,000 - GEl'lL AGGREGAlE LIMlT .oPPLIES PER: PRODUCTS - COMPJOP AGl:, $2,000,000 I POLICY !xl ::& n LOC ZIIIp Ben. 1,000,000 AlJ'l'OM08lLE LIABlLnY COMBINED SINGLE LIMIT - $1,000,000 A ~ N-lY AlITO 21UUNIdU645 01/01/04 01/01/05 (Ea accident) ALL OWNED AlITOS BODILY INJURY - $ SCHEDULED AlITOS 1P9r person) - ~ HIRED AlITOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) ~ CClIIIp : $1,000 oed PROPERTY DAMAGE $ X Coll: $1,000 Oed (Par acoidant) GARAGE LIABILITY AlITO ONl. Y - EA ACCIDENT $ =1 MY AlITO OTHER THAN EAACC $ AlITO ONLY AGl:, $ EXCESSIlJMIlRElLA LIABILITY EACH OCClJlRENCE $ 3,000,000 B ~ OCCUR o CLAiMS M!>DE 2803294525 01/01/04 01/01/05 AGGREGATE $3,000,000 $ ~ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X I TORY 'LIMITS I IV ER C EMPlOYERS' UA8lUTY 083030996 01/01/04 01/01/05 EL EACH ACCIDENT $ 500000 N-lY PROPRIETORIPAATNERlEXEClIflVE OFF ICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 500000 II Ves, describe under E L DISEASE - POLICY LIMIT $ 500000 SPECIAL PROVISIONS below OTHER D Professional Liab J1:OC66915212 08/27/03 08/27/04 pex Claim $1,000,000 Ded: $100,000 U~RO: 8/1/1959 Aqg $2,000,000 oesCRlP11ON OF OPERATIONS' LOCATIONS' VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Project: Margo1is Park-UDderground Drainage system. COnsultant svcs Aqzmt. COntract '0407-20-600-5617A. certificate holder is named as additiona1 ins1U'ed wi tb. xespeats to Genexal Liability insuxanae. ZnS1U'anae covexage is pximaxy & DOD-contxibutoxy to any othex iDsuxance available to the certificate holder. (see attached notes)........ CERTIFICATE HOLDER CANCELLATION CITYSUJ: SHOULD AI<< Of THE ABOVE DESCRIBED POUClES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIl *30 DAYS WRITTEN - Ci ty of SUDDY Isles Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL 17070 Collins Ave, Suite 250 IMPOSE NO OBUGAnON OR LIABILITY OF AI<< KIND UPON THE INSURER, ITS AGENTS OR Sunny Zslea Beach I'L 33160 REPRESENl'ATIYES. ~~T\YE; .- --- ,. ... ACORD 25 (2001108) @ACORD CORPORATION 1988