HomeMy WebLinkAboutReso 2007-1040
RESOLUTION NO. 2007-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND/OR HIS/HER DESIGNEE TO ENTER INTO AN
CONSULTANT AGREEMENT WITH CALVIN, GIORDANO, AND
ASSOCIATES, INC. FOR THE PROVISION OF CONSULTANT
ENGINEER SERVICES, IN AN AMOUNT NOT TO EXCEED TWO
HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) FOR
FISCAL YEAR 2006/2007, PROVIDED SAID AGREEMENT IS
APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE
CITY ATTORNEY; FURTHER AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE
THE TERMS OF THE AGREEMENT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City issued RFQ No. 02-11-01 for General Municipal Contract Services
consisting of Planning & Zoning activities, Engineering, Traffic Engineering, Landscape
Architecture, Geographic Information Systems and Capital Improvement Program Management; and
WHEREAS, Calvin, Giordano and Associates, Inc. ("Calvin Giordano") was the sole
respondent to said RFQ and has been qualified by the City Commission; and
WHEREAS, to date Calvin Giordano has provided various professional services for the City
of Sunny Isles Beach on several projects, with favorable result; and
WHEREAS, staff is seeking City Commission authority to utilize Calvin Giordano for the
provision of consultant engineer services for various projects that may arise throughout the year; and
WHEREAS, the City wishes to enter into an agreement with Calvin Giordano for Consultant
Engineer Services, in an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00)
annually, for various municipal projects; and
WHEREAS, Calvin Giordano shall submit work authorizations to the City for any
consultant engineer services to be performed, prior to any work being performed; and
WHEREAS, it is understood that work authorizations associated with said Agreement in an
amount not to exceed Twenty-Five Thousand Dollars ($25,000.00) shall be processed
administratively, while work authorizations in an amount of Twenty-Five Thousand Dollars
($25,000.00) or greater shall be subject to the competitive bidding requirements of Sunny Isles
Beach Municipal Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authorization of City Manager. The City Commission hereby authorizes the
City Manager and/or his/her designee to enter into an agreement with Calvin Giordano and
R2007- Cga Consultant Engr Svcs ($250,000)
Page I of2
Associates, Inc. for Consultant Engineer services, in an amount not to exceed Two Hundred Fifty
Thousand Dollars ($250,000.00) for fiscal year 2006/2007, provided said agreement is approved as
to form and legal sufficiency by the City Attorney.
Section 2. Further Authorization of City Manager. The City Manager is hereby authorized to do
all things necessary to effectuate the terms of this Resolution.
Section 3.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 18th day of January 2007.
Norm~i~
ATTEST:
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Jane A. Hines, CMC, City Clerk
Moved by: \It U VY\AA-?o~ ~t+-Lcc..R.
Seconded by: Co~ T('~~t~
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
0Yes)
v(Yes)
V(Y es)
V (Yes)
V (Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2007- Cga Consultant Engr Svcs ($250,000)
Page 2 of2
t.~m1. t. Calvin. Giordano & Associates, Inc~
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Engineering
Constructiun Engineering
8. Inspection
Municipal Engineering
Transportation Pldnning
& Traiiic Engineering
Suneving s.. ,"lapping
Planning
Landscape Architecture
& Endronnlental Ser\ice~
ConstructiDn Services
IndDor Air Qualit,
Data Technologies
& Development
Emergenc~ 1\1~ln..lg['m('nt
Serdces
1800 Eller Drive. Suite (,00
ForI L.lUderdale, FL .l3.l J G
Phone: 95-l.9:! 1.:-781
Fax: 95-1.921.880:-
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PROFESSIONAL FEE SCHEDULE
Principal 200,00 Executive Assistant
ENGINEERING PLANNING
Associate. Engineering (VI) 175.00 Associate. Planning
Director. Engineering (V) 150.00 Director of Planning
Project Manager (IV) 130.00 Planning Administrator
Resident Inspector 120.00 Assistant Director
Project Engineer (l II) 120.00 Planner
Engineer (II) 100.00 .Ir. Planner
Jr. Engineer (I) 85,00
Senior CADD Technician Manager 100.00 EXPERT WITNESS
CADD Technician 80,00 Principal! Associate
Traffic Technician 75.00 Registered Engineer/Surveyor
Permit Administrator 75.00 Project Engineer
Clerical 70.00
LANDSCAPE ARCHITECT
DA T A TECH DEVELOPMENT Associate, Landscape
Associate, Data Tech Dev. 150.00 Senior Landscape Architect
GIS Coordinator 130.00 Environmental Administrator
GIS Specialist 110.00 Landscape Architect
Multi-Media 3D Developer 90.00 Environmcntal Specialist
GIS Technician 80.00 Landscape CADD Technician
Sr. Applications Developer Environmental Assistant
Private 160,00
Public 160.00 SURVEYING
Applications Developer Associate. Surveying
Private 120.00 Hydrographic Survey Crew
Public 120.00 G,P,S. Survey Crew
Network Engineer 130.00 Survcy Crew
Senior Registered Surveyor
CONSTRUCTION Survey Coordinator
Associate, Construction 150.00 CADD Technician
Construction Managemcnt Director 120,00 Submeter G,P,S
Senior Inspector 90.00
MICROBIAL/INDOOR AIR
EMERGENCY MANAGEMENT QUALITY SERVICES
Director 130.00 Sr, Environmental Scientist
Planner 90.00 Environmental Scientist
Jr. Planner 75.00
70.00
150.00
130,00
120,00
110.00
90.00
75.00
300.00
250.00
200.00
150.00
115.00
110.00
100.00
90,00
80.00
70.00
160.00
325.00
]40.00
125.00
130.00
85.00
80.00
65.00
]00.00
85.00
11, addition to the Irour~1' rates listed ahove. charges will iuclude direct out-of-pocket
expenses such as reproduction, Ol'en,ight mail, aud other reimhur,mhles hilled at a
multiplier of 1.25.
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CITY OF SUNNY ISLES BEACH
CONTINUING CONSULTANT ENGINEERING AGREEMENT WITH
CALVIN, GIORDANO & ASSOCIATES, INC.
CONTRACT NO: C0607-031
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in triplicate, this ~ day of 'J"'AO\JPuut , 200::L by and between the CITY OF
SUNNY ISLES BEACH, Florida,~rred to as "City"), and CAL VIN,
GIORDANO & ASSOCIATES, INC., (hereinafter referred to as "Consultant").
RECIT ALS
WHEREAS, the City wishes to employ Consultant to perform continuing consultant
general engineering services ("Services") for the 2006/2007 fiscal year in an amount not to
exceed Two Hundred and Fifty Thousand Dollars ($250,000.00), as further described in
Resolution No. 2007-1040, which is attached and made a part thereof, ("Attachment "A"); and
WHEREAS, the City's Code provides that any purchase in excess of $25,000.00
requires City Commission approval and compliance with the City's procurement code, which
mandates that such purchases be awarded by competitive bidding, with certain limited
exceptions; and
WHEREAS, Consultant was the sole respondent to RFQ No. 02-11-01 for General
Municipal Contract Services consisting of Planning and Zoning activities, Engineering, Traffic
Engineering, Landscape Architecture, Geographic Information Systems and Capital
Improvement Program Management and has been qualified by the City Commission; and
WHEREAS, the Consultant shall submit work authorizations to the City for any
engineer services to be performed, prior to any work being performed; and
WHEREAS, the Consultant is willing and able to provide the desired Services on the
terms and conditions set forth herein.
NOW THEREFORE, in consideration of th~~ 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:
I. 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 the City with continuing
consultant engineering services, as more particularly described in Attachment "A".
3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth
in Paragraph 9 hereunder, the tenn of this Agreement shall begin upon the execution of this
C0607-031 Calvin, Giordano & Assoc., Inc. Continuing Consultant Engineering Agreement
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33 I 60
(305) 947-0606 phone (305) 949-31]3 Fax
Agreement and shall end upon the completion of Services described in Attachment "A", as
may be amended by written consent of the parties hereto.
4. COMPENSA TION. Consultant shall perforn1 continuing consulting Services for the
City during fiscal year 20006-2007 for various municipal projects and shall submit work
authorizations to the City prior to any work being performed.
Consultant shall submit invoices on a monthly basis within ten (10) days following the end of
each calendar month. City shall pay Consultant only for Services actually performed. The
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.
5. 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.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent
contractor and shall be treated as such for all purposes. Nothing contained in this Agreement
or any action of the parties shall be construed to constitute or to render the Consultant an
employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been
undertaken by the City, Consultant shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be
responsible for any expense incurred by the Consultant. The City shall have no duty to
withhold any Federal income taxes or pay Social Security services and that such obligations
shall be that of the Consultant, other than those set forth in this Agreement. Consultant shall
furnish its own transportation, office and other supplies as it determines necessary in carrying
out its duties under this Agreement.
7. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by
the Consultant pursuant to this Agreement and related Services to this Agreement are
intended and represented for the ownership of the City only. Any other use by Consultant or
other parties shall be approved in writing by the City. If requested, Consultant shall deliver
the documents to the City within fifteen (15) calendar days.
8. 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
2
C0607-031 Calvin, Giordano & Assoc.Continuing Consultant Engineering Agreement
-...
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 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.
Consultant shall, at its own 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, Consultant's or employees, as more particularly set forth
below:
General liability insurance, including broad form contractual liability coverage for
Bodily injury and property damage liability with limits of Four Million Dollars
($4,000,000) combined single limit occurrence.
Such 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. Prior to the execution of this Agreement,
and at any time upon request, Consultant shall furnish to the City certiticates 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'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) calendar days prior to written notice to the City's Risk
Management Department. 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.
9. TERMINATION.
A. If, through any cause within reasonable control, the Consultant shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Consultant of its violation of the
particular terms of the Agreement and grant Consultant ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement.
3
C0607-031 Calvin, Giordano & Assoc.Continuing Consultant Engineering Agreement
t''t
~ ~,.
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(i.) 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.
(ii.) Nothwithstanding the foregoing, the Consultant shall not be relieved of
liability to the City for damages sustained by it by virtue of a breach of the
Agreement by Consultant and the City may reasonably withhold payment to
Consultant for the purposes of set-off until such time as the exact amount of
damages due the City from the Consultant is determined.
B.
Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be perforn1ed at any time
by giving Consultant ten (10) days written notice. The terms of Paragraphs A(i)
and A(ii) 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. ARBITRA TION. 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.
11. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the tenn of
this Agreement or any time for a period of TEN (10) years subsequent to that date upon
which the Consultant shall leave the employment of the City for any reason whatsoever,
disclose to any person or entity, other than in the discharge of the duties of the Consultant
under this Agreement, any information which the City designates in writing as "confidential."
As a violation by the Consultant of the provisions of this Section could cause irreparable
injury to the City and there is no adequate remedy at law for such violation, the City shall
have the right, in addition to any other remedies available to it at law or in equity, to enjoin
the Consultant in a court of equity for violating such provisions.
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C0607-031 Calvin, Giordano & Assoc.Continuing Consultant Engineering Agreement
r .~
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
12. 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 A. John Szerlag, City Manager with a copy to Hans
Ottinot, City Attorney, at City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles
Beach, Florida 33160, and if intended for the Consultant, shall be addressed to Dennis
Giordano, President, Calvin, Giordano & Associates, Inc., 1800 Eller Drive, Suite 600,
Fort Lauderdale, Florida 33316, Telephone (954) 921-7781. Facsimile number (954) 921-
8807.
13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida.
14. AUDIT. The Consultant shall make available to the City orits representative all required
financial records associated with the Agreement for a period of THREE (3) years.
15. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and
12086.
The Consultant will not discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or other
handicap, age, marital/familial status, or status with regard to public assistance. The
Consultant will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of 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.
16. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the
Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein
as if fully set forth herein, in connection with the Agreement conditions hereunder.
5
C0607-031 Calvin, Giordano & Assoc.Continuing Consultant Engineering Agreement
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede
any other conflicting provisions that are contained in any other document.
18. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly
incorporated herein by reference, contain 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
WITNESSES:
CALVIN, GIORDANO & ASSOCIATES,
INC.
"
BY:
~
\ / ----
Dennis Gio ano, President
CIT
ATTEST: ,
B~~~
. Jane A. Hines, CMC, City Clerk
BY:
AND
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C0607-031 Calvin, Giordano & Assoc.Continuing Consultant Engineering Agreement
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