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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: " ~~ A-~ 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~ i E:. jEXCEPTI0NAL 50LUTION~ ~.. { .L...._"<"'....___,... ,.....-. ,_~ 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:- W\\ \\'.cal\ in.~iorcl.1n().c()1l1 Fur ( Lduder dd/e 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. C VOJl1nt:"\T empble til~.. Pr'lf F~l.:' S..::hed\lh.' ~IT lu!v ~04f(<>,n7 dc~' . --~..-.........-.... //.~ " f.: rt,:cti \'c Jufy I. 2(1()(, / -..------ ---'< \ \ l....( f\lllll Bl',h-/1 Orl.",do Fort !'il'rc~,' i I(Yl1'.~~i\.j(;(; ... 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 ~ "" ~ '\ i ~~ 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. 4 C0607-031 Calvin, Giordano & Assoc.Continuing Consultant Engineering Agreement r .~ ; "i 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 6 C0607-031 Calvin, Giordano & Assoc.Continuing Consultant Engineering Agreement , ~. )