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HomeMy WebLinkAboutReso 2007-1055 RESOLUTION NO. 2007 -l1l5..5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH CALVIN, GIORDANO, AND ASSOCIATES, INC., TO PROVIDE ENGINEERING SERVICES FOR THE DESIGN OF SANITARY SEWER COLLECTION SYSTEM, DRAINAGE IMPROVEMENTS, RESURF ACING- AND-STREETLIGIITING- FOR -THE ATLANTIC AVENUE SPECIAL ASSESSMENT DISTRICT, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY- TWO THOUSAND FOUR HUNDRED TWO DOLLARS ($242,402.00), 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 AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, on December 21,2006 the City of SUI my Isles Beach issucd RFQ No. 06-12-02 to provide Engineering Services for the design of a sanitary sewer collection system, drainage improvements, resurfacing and streetlighting for the Atlantic A venue Special Assessment District; and WHEREAS, five (5) firms responded: Calvin, Giordano & Associates, Inc., Marlin Engineering, Inc., Chen Associates, Civil Works, Inc., and CES Consultants, Inc.; and WHEREAS, based on the proposals, subsequent interviews, and fee quotations, the City Manager selected Calvin, Giordano & Associates, Inc.; and WHEREAS, the City wishes to enter into an agreement with Calvin, Giordano, and Associates, Inc., to provide Engineering Selvices for the design of a sanitaty sewer collection system, drainage improvements, resurfacing and street lighting for the Atlantic A venue Special Assessment District, in an amount not to exceed Two Hundred Forty-Two Thousand Four Hundred Two Dollars ($242,402.00), 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 I. Approval of Agreement. The Agreement with Calvin, Giordano, and Associates, Inc. to provide Engineering Services for the design of a sanitary sewer collection system, drainage improvements, resurfacing and streetlighting for the Atlantic Avenue Special Assessment District, in an amount not to exceed Two Hundred FOl'ly-Two Thousand Four Hundred Two Dollars ($242,402.00), attached hereto as Exhibit "A", be, and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessmy to effectuate the terms of this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 15th day of February 2007. ~ flJ14{~L ~~ /' orman S. Ectelcup, Mayor 7 ATTEST: , . ~~"A:~ Jane A. Hines, CIvIC, City Clerk Moved by: (Y..€>~:;""" &'R.~7_1l\J Seconded by: (i-O~ Goo~mw Vote: ~-b-\ Mayor Edelcup ~.,\(),'~~Yes) Vice Mayor Thaler L/(Yes) Commissioner Brezin t:CYes) Commissioner Goodman ~(Yes) Commissioner Iglesias ~'~~Yes) _(No) _(No) _(No) _(No) _(No) 2 NOTICE CITY OF SUNNY ISLES BEACH REQUEST FOR QUALIFICATIONS NO. 06-12-02 pl<aFE-SSIONAL GENERAL ENGINEERTNGTUNSULTA~T Notice is hereby given that the City of Sunny Isles Beach is requesting qualifications for a qualified Professional General Engineering Consultant as authorized by Section 287.055, Florida Statutes (1997). The Atlantic Isles community is an island located south of Sunny Isles Beach Boulevard and west of Collins Avenue in the City of Sunny Isles Beach. The homes are being serviced by septic tanks and overhead power lines that are going to be under-grounded. A water main is proposed to be replaced by the City of Miami Beach Utility Department. The existing road into the island is narrow and, due to lack of drainage, suffers from frequent flooding. The City is soliciting a qualified consultant to provide professional engineering services for the design of a Sanitary Sewer collection system and a lift station to connect to Miami-Dade Water and Sewer Department (WASD), drainage improvements throughout the community, resurfacing of the existing road and design of the street lighting, as well as coordination with Florida Power and Light (FPL) for the under-grounding of the existing overhead power lines and the City of Miami Beach for the replacement of the existing water main. All final designs shall be permit-ready prior to delivery to City. Sealed bids will be received by the City Clerk until 10:00 a.m., Monday, January 8,2007, at the Sunny Isles Beach Government Center, 1st Floor Meeting Room, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Bids submitted will be opened publicly and read aloud at this time. No bids will be accepted after this time. The City is under no obligation to return the bids. The envelope containing the sealed bid must be clearly marked: "SEALED BID" RFQ # 06-12-02 I'ROFESSIONAL GENERAL ENGINEERING CONSULTANTS OPENING DATE AND TIME: MONDAY, JANUARY 7, 2007,10:00 A.M. To be eligible for selection, interested consultants must submit one (I) original and five (5) sets of the following information: 1. Name, address and company provide, including, but not limited to, a business overview, financial state of the business, annual revenue for pat two (2) years, and names and addresses of persons having financial interest in the firm. Must specify type of contractual agreement between firms and include certificate(s) of authorization to offer professional services through the Florida State Board of Engineers, including prime as well as supporting firms. 2. Governmental Projects completed or in process for the past five (5) years. 3. Proof of authorization to transact business in Florida from the Florida Secretary of State, from prime as well as supporting firms. 4. Proposed organization chart identifying professional employees, professional experience and their area of responsibilities in the firm. 5. Appropriate current Federal 254 and 255 forms showing the firm data and supporting the firm's ability to perform each category of work required. 6. List of client references with contact names and telephone numbers. In order to be considered, firms must submit the above information to the City Clerk's Office, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Jane A. Hines, CMC City Clerk MIAMI DAILY BUSINESS REVIEW Published Dairy excepl SalUrday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared a.v. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SUNNY ISLES BEACH REOUEST FOR QUALIFICATIONS NO. 06-12-02 in the XXX X Court, was published in said newspaper in the issues of 12/21/2006 Affiant further says thallhe said Miami Daily Business Review is a newspaper published al Miami in said Miami-Dade County, Florida and that the said newspaper has her~tofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says thai he or she has neither paid nor promised any person, firm or corporation any discount, rebale, commi 'on or refund for the purpose of secur~~~dverti ent f publication in the said newspaW Sworn to and subscribed before me this 21 day of DECEMBER ,A.D. 2006 r-' ~$ m. 'PO (SEAL) a.v. FERBEYRE personally known to me Jl'~' '::~ Ctlt:i~tj H ~il;,ulf1er ,~ ~$' 1: ~"l COI'llI':1;!i$l(ln n03J!}!jS~ ~.}..... ,,;7~~i r ':/1"',,::; .!lIi~ I ~ 700,~ NOTICE CITV OF SUNNY ISLES BEACH REQUEST FOR QUALIFICATIONS NO. 06-12-02 PROFESSIONAL GENERAL ENGINEERING CONSULTANT Notice is hereby given that the City of Sunny Isles Beach is requesting qualifications for a qualified Professional General Engineering Consulta~t asauthorizedby..Sedion 287.055. Florida Statules (1997). . The Atlantic Isles community is an island located south of Sunny Isles. Beach Boulevard and west of Collins Avenue in the City of Sunny Isles Beach. The homes are being serviced by septic tanks and overhead po'w. er lines that are going to be under-grounded. A water main is proposed to. be replaced by the City of Miami Beach Utility Department. The existing: road into the island is narrow and, due to lack of drainage, suffers from Ire-, quent flooding. ' The City is soliciting a qualified consultant to provide professional engi-:. nee ring services for the design of a Sanitary Sewer collection system and a lift station to connect to Miami-Dade Water and Sewer Department (WASD), drainage improvements throughout the community, resurfa~ing.. of the existing road and design of the sMet lighting, as woll as coordlna. . lion with Florida Power and Light (FPL) for the under-grounding of the ex.~ isting overhead power lines and the City of Miami Beach for the replace< ment of the existing water main. All final designs shall be permit-re.Cl,dy: prior to delivery to City. .:~\ '{~:><~ ,:'~ Sealed bids will be received by the City Clerk until 10:00 a.m.:' Mondav.:, Januarv 8. 2007, at the Sunny Isles Beach Government Center, 1st F10arJ Me~ting Room, 18070 Collins Avenue, Sunny Isles Beach, Fl'33160oJ Bids submitted will be opened publicly and read aloud at this tlmo. Noblds. will be accepted after this time. The City is under no obligatlon to rt;ltum the bids. - '.'c:,' jf.'\' The envelope containing Ihe sealed bid must be clearly marked: ,;:., .~... "SEALED BID" " .""',. RFQ #06-12-02 PROFESSIONAL -;:; l~~;l~.<{< GENERAL ENGINEERING CONSULTANTS,; ;: '.:,~' OPENINGDATEANDTIME: ,:;,; ~.0~' MONDAY, JANUARY 7,2007, 10:00 A.M. _ ..' ..he>. --l -;. ',/..: .~"', To be eligible lor selection, interested consull~nts must sub~1t o~~.o: original and five (5) sets of the following informatlon: .' .,'. /:.~ 1. Name, address and company provide, including, but not IImlted~. a business overview, financial state 01 the busine!\s, annu~l~ nue lor pat two (2) years, and names and addrosses of I-'V~~ having financial interest in the firm. Must specify type of cont~...~ al agreement between firms and include certifjcate~s)of au~,~ tion to offer professional services through the Flonds Sta~e,.~ of Engineers, including prime as well as supportlng~rms."..;;,~:~_\'WJ;; 2, Governmental Projects completed or in proces~ for. t~~,:~t:~f 3. ~~~~a~~. authorization to transact business In FiciridtiJ~ : Florida Secretary of State, from prime as well as supportlr'lgfl ,".:;,~"1" 4. Proposed organization chart identifying professional, em~QY~ ~;~essional experience and their area of responslb~n~e:.L~J~tt 5. App'ropriate current Federal 254 and 255 forms showing the f1nn: data and supporting the firm's ability to perform each category 01 work required. ;. .'.' 6. List 01 client references with contact names and telephone: numbers. ',; : In order to be considered, firms must submit the above information to the; City Clerk's Office, Sunny Isles Beach Government Center, 18070 CoUl~: Avenue, Sunny Isles Beach, FL33160. . ~. ~ ... Jane A. Hines, CMC .'~ ~~~Ierk 06.B-1121765768M BROWARD DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and legaWWliday FI. Lauderdale, Broward County, Florida STATE OF FLORIDA COUNTY OF BROWARD: Before the undersigned authority personally appeared N. WINER, who on oath says that he or she is the ADMINISTRATIVE ASSISTANT, of Ihe Broward Daily Business Review flk/a Broward Review, a newspaper published at Fort Lauderdale, in Broward . County, Florida: that the attached copy of adVF!rtlsement, being a Legal Advertisement of Notice in the matter of 06-12-02 NOTICE- CITY OF SUNNY ISLES BEACH REQUEST FOR QUALlFICATIONS- PROFESSIONAL GEN. ENGINEERING in the XXXX Court, was published in said newspaper in the issues of 12/21/2006 Affiant further says that the said Broward Daily Business Review is a newspaper published al Fort Lauderdale, in said Broward County, Florida and that the said newspaper has heretofore been continuously published in said Sroward County, Florida and has been entered as second crass mail matter at the post office in Fort Lauderdale in said Broward County, Florida, for a period of one year next preceding the first publication of Ihe attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebale, commission or refund lor the purpose of securing this advertisement for publication in the said newspaper., . l1ilUl~ Sworn to and subscribed before me this 21 day of OECEMBER ,A.D. 2006 J\f\ Iv,:\ LU t ,jFv'n'J;.~) (SEAL) N. WINER personally known to me :rcf ..-:~. ,,, !....,...... , '..,~' NOTICE ITV NY.JSLES-BEACH - REQUEST FOR QUALIFICATIONS NO. 06-12002 PROFESSIONAL GENERAL ENGINEERING .'. ... CONSULTANT ' . 't~ Notice is hereby given that the City of Sunny Isles Beach Is requestlng qualifications for a qualified Professional General Engineering Consu"~t as authorized by Section 287.055, Ftorida Statutes (1997), . t The Atlantic Isles community is an island located south of Sunny IslEis Beach Boulevard and west of Collins Avenue in the City of Sunny Isles Beach. The homes are being setViced by septic tanks and overhead power lines thai are going 10 be under-grounded. A water main [s pro- posed to be replaced by the City of Miami Beach Utility Department. The existing road into the island is narrow and, due to lack of drainage, suffel:8 from frequent flooding. . -~. The City is soliciting a qualified consultant to provide profeSSlon~ engineering selVices for the design of a Sanitary Sewer collectlonsyst&(t:l and a lift stalion 10 connect to Miami.Dade Water and Sewer Department (WASD), drainage improvements throughout the community, resurfaclriQ of the exisling road and design of the slreet fighting, as well 'as coordination with Florida Power and Light (FPL) for the under-grounding of the existing overhead power lines and the City of Miami Beach.forftl& replacemenl of the existing water main. All final designs shallbe-p8linlt. ready prior to delivery to City. . '':i..i:' ~~. :.;~....;;; >..- ~~ Sealed bids will be received by the City Clerk untll10:00 a.m.. Monljf8V_ JanuarYJt...2007, althe Sunny Istes Beach Government Center, 1 5t Ftoor Meeting Room, 18070 Collins Avenue, Sunny Isles Beach, FL 33160.- Bids submilled will be opened publicly and read aloud at thIs time. No bids will be accepted after this time. The City is under no obligation to .llItUfll i the bids. ;; ~ ,. " .ii . ~ The envelope containing the sealed bid must be clearly marked: ~,. ",_.....> ",~: "SEALEO BIO" RFQ# 06-12-02 PROFESSIONAL GENERALENGINEERINGCONSULTANTS' ", ,. OPENING OATE AND TIME: MONDAY, JANUARY 7, 2007, 10:ooA.M. To be eligible for selection, interesled consultants must submit one (1) original and five (5) sets of the following information:, ;>-,~___" .A ._~.,~,;:~. 1. Name, address and company provide, Including, but not limited to, a business overview, financial state of the business/"anntJal revenue for pat two (2) years, and names and addresses - of persons having financial interest in the firm, Must specify type pf contractual agreement between firms and Include certlflcate{s) of authorization to offer professional selVices through the Florida State Board of Engineers, including prime as well as supporting firms. 2. Governmental Projects completed or in process for the past five (5) years. . 3. Proof of authorization to transact business In Florida from the Florida Secretary of State, from prime as well as supporting firms. 4. Proposed organization chart identifying professIonal employees. professional experience and their area of responsibilities In the firm. 5. Appropriate current Federal 254 and 255 forms showing the firm data and supporting the firm's ability to perlonn each category of work required. "~' 6. lisl of client references wilh contact names and telephone numbers. In order to be considered, firms must submit Ihe above information to tt}e City Clerk's Olfice, Sunny Isles Beach Government Center, 18070 Colltns Avenue, Sunny Isles Beach, FL33160. I Jane A. Hines, CMC I City Clerk i 12/21 ;;' 06-B-1221765nlB (0'-"', f~.~> "KL%' ", .::: ::,::~.::. ,,' CITY OF SUNNY ISLES BEACH ATLANTIC ISLES UTILITY AND ROADWAY IMPROVEMENTS SERVICES AGREEMENT WITH CALVIN, GIORDANO & ASSOC. INC. CONTRACT NO. C0607-021 .-:::: THIS CONSULTANT AGREEMENT made and entered into this I ~ day of rebr~ 2007, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a nunlcipal corporation of the State of Flonda, (herell1after referred as to "City") and C ALVl~,-GIORDA1'II0-&-ASSOClA:I:ES,-I1'II C., a ~lgRda-Gel'pgfaHgn,iluthgmed-te-de-bIffiiRess in the State of Florida, (hereinafter referred to as "Consultant"), whose Federal I.D.# is WHEREAS, the City wishes to employ Consultant to perform Engineering Design and Construction Engineering services for the Atlantic Isles Utility and Roadway Improvements project for the purposes of coordinating with thc City of North Miami to install a new water main system and coordinate with Florida Power and Light to underground the existing overhead powcr lincs and ncw street lighting, as more particularly described in Attachment "A" which is attached hereto and made a part hereof; and WHEREAS, Consultant has submitted a proposal for the requestcd services in the amount of Two Hundred and Forty-Two Thousand, Four Hundred and Two Dollars ($242,402.00), as more fully described in Attachmcnt "A" which is attached and made a pal1 thercof; and 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: I. RECITALS. The Recitals set forth above arc hereby incorporated into this Agreement and made a part of hereofl'or reference. 2, SERVICES TO B1~ PERFORMED. Consultant shall perform the following services: a. Consultant shall provide engineering design and construction engineering services for the Atlantic Isles Utility and Roadway Improvements project, more fully described in Attachment "A". 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 rep0l1 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 qUal1er and the results of the Consultant's efforts. Each repol1 required herein will be submitted to the attention of the City Manager. c, The total price for these services shall not exceed TWO HUNDRED AND FORTY-TWO THOUSAND FOUR HUNDRED AND TWO DOLLARS ($242,402,00) payable thil1y days after invoiced. C0607.02] CG^ Engineering Design & Construction Engineering Inspection Services Agreement Page] 01'9 SIB City of SUIlIlY Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 3, TERM. Subjecl 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 the issuance of a Notice to Proceed. Agreement shall terminate on or before October 14, 2008, unless extended by written consent of the City. Any change in fee, terms or conditions shall be accomplished by written amendment to this contract. 4, COMPENSA TION. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges renected in Attachment "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 plll'suant 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 performed and all charges and costs have been invoiced to thc City. Since this account will thereupon be closcd, any and other additional charges, if not propcrly included on this final invoice are waived by thc Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, liccnscs, permits, ovcrhead or any other expcnses or costs unless any such expcnse or cost is inclll'red 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 contestcd amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's crcdit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, licn, 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 tcrms of this Agreement. 5, UNDISCLOSED CONDITIONS, In thc event that undisclosed conditions are discovered dlll'ing the performance of this Agreemcnt, 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. C0607-021CGA Ellgint:ering Design & Construction Engineering Inspection Services Agreement Page 2 01'9 SIB City of SIIIIIIY Isles Beact! 18070 Collins A venue, 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 rcnder 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-resp()l'l~ible-f()l any and all of its owtt-eJtj3eflSes-ift--j3effel'llTiflg-its-4l1tie&-il5-00fllemplatecl-une@r this agreement. The City shall not be rcsponsible 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 solc cost and expcnse, 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 Comprehensivc 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 singlc limit occurrence. o Workmen's Compensation, with no Icss than $100,000 for Employer's Liability. Said coverage shall include a waivcr 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 om issions. o 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 pnmary 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 thc 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, Cousultaut shall furnish to the City certificates of iusurance evideneiug the minimum l'equired coverage and shall be appl'Opriately endorsed for contractual liability, 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 Department. All insurance policies and ce11ificates of insurance shall provide that the policies may not be canceled or altered without C0607.021CGA Engineering Design & Construction Engineering Inspection Services Agreement Page 3 of9 SIB Cit)' of Still II)' Isles Beach 18070 Collins ^ venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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-timi~peeifietl-hefc in. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8, OWNERSHIP OF DOCUMENTS AND EOUlPMENT. 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 pmties, 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). A II 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 or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such C0607-021CGA Engineering Design & Construction Engineering Inspection Services Agreement Page 4 of9 SIB City of Sunny Isles Beaell 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 Limcly lIIaJ II lCI VI UdlClwi:sc viulalt: allY ur llll,; L:UVCIICtIIl:,. llb1t::1;;11lt::IIL:s VI :slipulalivlI:S IlIakii,d to tl,is 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. [I' 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: I. 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 Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed provided that thirty (30) days notice is provided to consultant. e. Termination for Insolvencv. 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. C0607.021CGA Engineering Design & Construction Engineering Inspection Services Agreement Page 5 of9 SIB City of SIIIIIIY Isles Beaell 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax II. 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, responsibilitics and liabilities of any person or entity acting under Consultant. 12, TIME OF COMPLETION. The services to be rendered by thc Consultant shall bc commenced upon execution of this contract and shall be complctcd within the time specified in Attachment "A", unless otherwise extended by written consent of the City. 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 bcyond 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 alllicenscs 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 rcserves 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 (I) if requested by the City, provide an estimate for the increase or decrease in cost due to thc 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 JOI'ge L. Vera, Assistant City Manager, telephone number 305/947-0606. Consultant shall not respond to requests for services under this Agreement unless the rcqucst is received directly from Jorge L, Vera, Assistant City Manager, or designated personnel. Any requests received from other City departments/divisions shall be rcferred to the City Manager's Departmcnt rcpresentative designated above. Set'vices performed without authol'ization by, ,Ior'ge Vera, Assistant City Manager, shall be considered unauthol'ized and shall 1I0t 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, 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-Dadc County, Florida, The non-prevailing party shall pay all costs of arbitration and attorneys' fees inemred 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. C0607-021CGA Engineering Design & Construction Engineering Inspection Services Agreement Page 6 01'9 SIB City of S/IIlIIY Isles Beach 18070 Collins ^ venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 17. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of Ten (10) years subsequent to that date upon which the Consultant shall leave 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 ~Ud'1 '/iolatiml, thg 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 ce.1ified mail, return receipt requested and, if intended for City to John Szerlag, City Manager, with a copy to Hans Ottinot, City Attorney, City of Sunny Isles Beach, 18070 Collins A venue, 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 l'lousing 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/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. C0607-02ICG^ Engineering Design & Construction Engineering Inspection Services Agreement Page 7 of9 SIB City of S/lI/IIY Isles Beadl 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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, "'hich are ineorpgrated by reference herein a~ if full)' ~et 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 arc 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 finns to pcrform 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 ot1icial seal of the City in any promotional material without thc prior written conscnt 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 "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 cffective 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. C0607-021CGA Engineering Design & Construction Engineering Inspection Services Agreement Page 8 01'9 SIB City of SWIIlY Isles Beacll 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: CALVIN, GI. RDANO & ASSOCIATES, INC. By: Dennis J. Giordano, President ~~ print::e:~~Y(,AW ").. ATTEST: By: d~ A-JA~ Jane A. Hines, CMC, City Clerk C0607-021CGA Engineering Design & Construction Engineering Inspection Services Agreement Page 9 01'9 SIB City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner A. John Szerlag City Manager Hans Ottinol City Attorney Jane A. Hines City Cle,'k 18070 Collins Avenue, Sunny Isles Beach, FL 33160 305.947.0606 www.sibfl.net February 21,2007 Dennis Giordano, President Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Ft. Lauderdale, FL 33316 Re: Engineering Services Agreement Dear Mr. Giordano: At its regular meeting of February 15, 2007, the Sunny Isles Beach City Commission adopted Resolution No. 2007-1055, which approved an Engineering Services Agreement for various items related to the Atlantic Avenue Special Assessment District. Enclosed are an original, executed agreement and a copy of the approving resolution for your files. Thank you. Very truly yours, ~~W~ Priscilla Walker, CMC, Deputy City Clerk Enclosures cc: A. John SzerIag, City Manager (w/o attachments) Anice Paul, Administrative Assistant to Finance Director Shaun S. Gelvez, Contracts Coordinator City of Sunny Isles Beach 18070 CoIlins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 1 1 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Haos Offinol, City Attorney Jane A. HiDes, City Clerk MEMORANDUM FROM: A. John SzerIag, City Mana r TO: The Honorable City Comm. .0 DATE: February 15,2007 RE: RECOMMENDATION TO AWARD ENGINEERING SERVICES TO CALVIN, GIORDANO & ASSOCIATES FOR THE PROPOSED ATLANTIC AVENUE SPECIAL ASSESSMENT PROJECT It is recommended that the City Commission approve an agreement with Calvin, Giordano & Associates to provide engineering services for the design of the proposed Special Assessment Project on Atlantic Avenue; specifically, the sanitary sewer collection system, drainage improvements, road reconstruction/resurfacing, and street lighting. On December 21, 2006 the City issued an RFQ for Engineering Services for the above referenced project. The following firms responded and were granted an interview: ~ Calvin, Giordano & Associates ~ Marlin Engineering, Inc. ~ Chen Associates ~ Civil Works, Inc. ~ CES Consultants, Inc. My recommendation to select Calvin, Giordano & Associates is predicated on the RFQ's, subsequent interviews, and their fee quotation for the work which was the lowest received. If approved, the contract price will be in an amount not to exceed $242,402.00 and payments will be made on an hourly basis in accordance with the engineer's rate schedule. As always, I'll be happy to respond to any comments or questions you may have. AJS/iw cc: Jorge L. Vera, Assistant City Manager/Service Division Douglas M. Haag Assistant City Manager/Finance Division Hans Ottinot, City Attorney Dennis Giordano, Calvin Giordano & Associates Shahin Hekmat, Calvin Giordano & Associates Agenda Item lO.=r Commission - Engineering Services To CGA For Atlantic Ave. Spcl. Asset. Project.Doc Date 2-\S-OI TO: FROM: DATE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM A. John SzerIag, City Manager Jorge Vera, Assistant City Manager - service~ Doug Haag, Assistant City Manager - Financ~ ~ February 6 2007 RE: RECOMMENDATION RE: BID AWARD FOR ATLANTIC AVE ENGINEERING DESIGN SERVICES RECOMMENDATION: It is recommended that the City Commission approve Calvin, Giordano & Associates to provide engineering services for the design of Sanitary Sewer collection system, drainage improvements, resurfacing and street lighting. The City received two quotation from the top two firms selected. Calvin, Giordano & Associates provided a bid over $40,000 dollars lower than the second bid submitted for the above referenced servIces.