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HomeMy WebLinkAboutReso 2010-1590 RESOLUTION NO. 2010 - J.591L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN CONSULT ANT AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES, INC., TO PROVIDE PROFESSIONAL GOVERNMENT CONSUL TING SERVICES FOR ALL PERMITTING ISSUES ON THE EMERGENCYIPEDESTRIAN BRIDGE AND THE NEWPORT FISHING PIER, IN AN AMOUNT NOT TO EXCEED EIGHTY THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($80,850.00), A TT ACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is in need of consulting services for permitting issues on the Emergency/Pedestrian Bridge and the Newport Fishing Pier; and WHEREAS, on May 20, 2010 via Resolution No. 2010-1564, the City Commission approved a contract with Calvin, Giordano, and Associates, Inc., for Capital Improvement Projects Management services, in an amount not to exceed Fifty-Five Thousand Dollars ($55,000.00); and WHEREAS, the City now wishes to authorize Calvin, Giordano, and Associates, Inc., to provide professional government consulting services for all permitting issues on the Emergency/Pedestrian Bridge and the Newport Fishing Pier, utilizing the sub-consultant of EAS Engineering, in an amount not to exceed Eighty Thousand Eight Hundred Fifty Dollars ($80,850.00), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The Agreement with Calvin, Giordano and Associates, Inc. to provide Professional Government Consulting services, in an amount not to exceed Eighty Thousand Eight Hundred Fifty Dollars ($80,850.00), 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 necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution is effective upon passage. PASSED AND ADOPTED this 15th day of July 2010. ATTEST: ~A:~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEG E IENCY Vote: S-\) Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl VCY es) V (Yes) V(Yes) V (Yes) ~(Yes) Moved by: Seconded by: _(No) _(No) _(No) _(No) _(No) 2 ~~ ~c..\4l)LL- ~ (;e()bW\.~ CITY OF SUNNY ISLES BEACH AGREEMENT WITH CALVIN, GIORDANO & ASSOC. INC. CONTRACT NO. C0910-052 THIS AGREEMENT, entered into this ,5~ day of ~~u-I 2010, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred ~e "City") and CALVIN, GIORDANO & ASSOCIATES, INC. a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as the "Consultant"), whose federal tax identification number is t,.:,S - OlD \ ~ ~ IOq . RECIT ALS WHEREAS, the City is in need of certain consultant services to obtain environmental permitting for the Newport Pier demolition and reconstruction and to obtain all permitting for the Emergency/Pedestrian Bridge located in the City ("Services"), as more particularly described in Attachment "A", attached hereto and made a part hereof; and WHEREAS, the Consultant is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into this Agreement with Consultant to provide the Services in a total amount not to exceed $80,850.00 (Eighty Thousand Eight Hundred Fifty Dollars), which includes $46,200.00 for the Emergency/Pedestrian Bridge and $34,650.00 for the Newport Pier. NOW THEREFORE, in consideration of the 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: 1. 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 to the City the Services as more particularly described in Attachment "A" attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 10 hereunder, the term of this Agreement shall commence from the execution date of this Agreement and shall continue for 6 (Six) months thereafter. 4. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event the Services are not complete within 6 (Six) months from the execution date of this Agreement, and in the absence of any extended calendar days granted by City, then the Consultant shall be required to pay a liquidated damage penalty of $500.00 (Five Hundred Dollars) for each calendar day beyond the 6 (Six) month period, continuing to the time at which the Services are complete. Such amount is the actual cash value agreed upon as the loss to City resulting from Consultant's Page 1 of 8 s , 11 C09l0-052 Calvin Giordano Revised Agreement & Associates, Inc. Agreement delay. Additionally, the City shall also be entitled to withhold 50% of the total Compensation to be paid to Consultant until final completion and acceptance of the Services. 5. COMPENSATION. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A". 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. 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. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, contractors or employees, as more particularly set forth below: (a) General liability insurance with limits of One Million Dollars ($1,000,000) combined single limit occurrence. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent Contractors. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Page 2 of8 ) I ? C09l0-052 Calvin Giordano Revised Agreement & Associates, Inc. Agreement - The City of Sunny Isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Consultant or the acts or omissions of Consultant in connection with such operation. (b) Professional liability insurance: The limits of such liability provided by such policy shall be no less than One Million Dollars ($1,000,000) combined single limit occurrence. (c) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (d) Business Automobile Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Hired and non-owned vehicles. Employers' non-ownership. Such policies of insurance shall not diminish Consultants 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. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and 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 written notice to the City Manager or his designee. 8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Consultant pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. 9. DUTY TO DEFEND, INDEMNIFY AND HOLD HARMLESS. Consultant agrees to defend, indemnify and hold harmless, the City, its officers, agents, 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 Page 3 of 8 ~: . rl C091O-052 Calvin Giordano Revised Agreement & Associates, Inc. Agreement 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 under this Agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 10. TERMINATION. A. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement (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 5 herein. (ii.) 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. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective ten (10) days following receipt by Consultant. The terms of Paragraphs A(i) and (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. 11. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Consultant subcontract any services under this agreement, it shall be done with continued liability for the Consultant. The Consultant shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Consultant. 12. TIME OF COMPLETION. The services to be rendered by the Consultant shall be commenced upon execution of this contract and shall be completed within the time specified in Page 4 of 8 . , ) : C09!0-052 Calvin Giordano Revised Agreement & Associates, Inc. Agreement - this agreement. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by circumstances beyond the reasonable control of the Consultant including weather conditions of acts of God which render the performance of the Consultant's duty impracticable. 13. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 14. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. 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. 15. 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 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. 16. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: Page 5 of 8 '\ r , . ) C091O-052 Calvin Giordano Revised Agreement & Associates, Inc. Agreement - If to the City: Rick Conner With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins A venue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Consultant: Dennis J. Giordano, President Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 Tel: (954) 921-7781 17. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 18. 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. 19. 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 US.c. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 20. 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 Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Page 6 of 8 I I C0910-052 Calvin Giordano Revised Agreement & Associates, Inc. Agreement .~ 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. 21. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to any attachments hereto. 22. ENTIRE AGREEMENT. This Agreement contains 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. [Remainder of page intentionally left blank] Page 7 of 8 C09 I 0-052 Calvin Giordano Revised Agreement & Associates, Inc. Agreement - IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. WITNESSES: CALVIN, GIORDANO AND ASSOCIATES,INC. Jj0. C1J t ff)2Rb Signature -taM (YI!j D. emf .,UJe~cLol? Print Name BY:_& {2 WITNESSES: ~ 0~u5 ~'L- Print Name ATTEST: CITY OF SUNNY ISLES BEACH 'B~A~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGALSUFF IENCY B Page 8 of 8 \., C0910-052 Calvin Giordano Revised Agreement & Associates, Inc. Agreement Friday, July 09, 2010 11:28 AM Engineering Construction Engineering & Inspection Municipal Engine<''fing Transportation Planning & Traflic Engineering Surveying & Mapping PklOning Llndsc.lpe Archilt-<.lure & Environment~1 Services Construction Services Indoor Air Quality Data Technologies & Development Emergency Management Serv ices Building Code Servicps Governmental Services 1800 roller Drive, Suite 600 ForILa"derd~le, El 33316 Phone: 954.921.7781 Fax: 954.921.8807 www.calvin-giordano.com "~f Calvin, Giordano g Associates, Inc. jEXCEPTIONAL SOLUTIONS . July 6, 2010 Mr. Rick Conner City Manager CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, FIOlida 33160 Re: Worl, Authorization No. 120 NOI.th Bay Bridge Permitting CGA I)roposlll No. 10-3505 Mr. Rick Conner, Enclosed for your review and approval is Work Authorization No. 120 for the above referenced project. We have also included a location map showing the vicinity of work to be performed as described within the scope of services. Should you have any questions concerning this matter, please feel free to contact me at your convenience. Sincerely, CALVIN, GIORDANO & ASSOCIATES, INC. D~ President Fort lauderda'e w."t Palm Bead1 Orlando - Homestead ATTACHMENT "A" TTnfilp.n N()tp..~ P:l P"P 1 - CITY OF SUNNY ISLES BEACH North Bay Bridge Permitting PROJECT DESCRIPTION 1. SCOPE OF SERVICES Calvin, Giordano & Associates, Inc. will perform the following services based on our lU1derstanding of the project requirements: I. Professional Government Consultiug Scn>ices A. Environmental Permitting - North Bay Emergency Vehicle and Pedestrian Bridge I I I , 2. :i I I / I I , '/ 3. I I 'I I 1. Each agency has identified missing items in the application forms that were submitted, including riparian property owners who mllst verify DERMis application and a missing signature on the ERP application. Also, in November, 2009, DERi\1 began using a new Class] Application Fonn. CGA and its sub- consultants will prepare, ifnecessllry, new permit applications and sketches. Applications, including a Class I permit application to Miami-Dade County Department of Environmental Resource Management (DERM) and an Environmental Resources Permit (ERP) application to the South Florida Water Management District (SFWMD) and the Army Corps of Engineers (Corps), will be submitted to you for rcview and signature prior to submittal to the respective agencies. Obtaining the DERM and SFWMD permits will be a two-step process. The first step is conceptual approval based on the permit sketches. The actual permit CaImot be obtained until after detailed construction plans are submitted for review (the second step in the process). It is assumed that the detailed construction and drainage plans and calculations necessary for these permit applications will be prepared by others. Those costs are not included in this proposal. CGA and its sub-consultants will respond to requests for additional information from all of these agencies. Time will be devoted to keeping track of agency findings on a regular basis. This monitoring will provide us with early detection of agency concerns and will minimize misunderstandings, Each of the applications will be tracked until a decision is reached. As with all permitting matters, no guaraIltee can be provided regarding success or failure in obtaining I / I i! Unfiled Notes Page 2 - ,I :1 'j permits, nor is it feasible to estimate when the permits will be issued. The State has deadlines for responding to applications (30 days to file a request for additional information and 90 days after the application is deemed complete to issue or deny a permit), but neither the Corps nor DERM have deadlines for taking action. Delays are inevitable with these two agencies. I .' :i " J ,j i iI il 4. Construction plans for the proposed improvements (including drainage plans and calculations) will be prepared by others. These plans will be submitted to DERM to complete the Class I permit application. The paving, grading and drainage plans will be submitted to the SFWMD to complete the ERP application. B. Miscellaneous General Consulting ,I ,I I I 1. This task will allow CGA and its sub-consultants to perform miscellaneous a,>signments which may be required but do not fall within the scope ofthe first task. It is understood that work under this task will be performed only at your discretion and with your authorization. Work charged under this task could include additional site inspections, zoning assistance meetings with agencies, litigation assistance, etc. 2. Based upon our experience with similar assignments, we believe it is best to provide our work for Tasks A (Environmental Permitting) and Task B (Miscellaneous General Consulting) on an hourly basis plus expenses, against a budget estimate. 2. Basis of the Proposal 1. Based upon our experience with similar assignments, we believe it is best to provide our work for Task A (Environmental Permitting) and Task B (Miscellaneous General Consulting) on an hourly basis plus expenses, against a budget estimate. 2. Out ofpoeket expenses (reimbursable) include water quality or soil testing, application and permit fees, surveys by a registered surveyor, or out of pocket expenses listed in this proposal. 3. Regulatory agency plan review fees and permit fees are not included in the budgets for any tasks. They are your responsibility. Please note that the budgets for several tasks are budget estimates and are not a fee maximum. Because of ever-changing regulatory requirements, it is difficult to assess a budget for some tasks. Hourly billing is fair for both parties. Ifpelmitting Dnfiled Notes Palle 3 - goes easily, our billings will not exceed the budget amount; if permitting is difficult, however, our bill for a task could exceed the budgeted amount. 4. Any additional hours ofCGA staff will be billed at the attached CGA hourly rates, any additional hourly rates ofCGA's sub-consultant will be billed at their attached hourly rates plus a ten percent management and overhead fee. 5. Please be informed that we are prepared to initiate the services described above, We request that you acknowledge acceptance of this proposal by signing the enclosed copy of this proposal, and returning it to us, along with a retainer in the amount of Two Thousand Five Hundred Dollars ($2,500.00). This retainer will be applied to our final invoice for services. Work under this agreement will not begin until signed copies of both the agreement and general conditions are received. 6. Time is of the essence. A complete schedule, including critical path and milestones, must be submitted as a contractual requirement within 14 days of execution. This schedule is to' be updated and submitted on a minimum weekly basis. Payments will be made based on the schedule milestones achieved. Non-compliance of this contractual requirement, for reasons within our control, will result in tern1ination of this contract. As you are aware a large pOttion of the scheduled items lay in the hands of others (permitting agencies, design engineers, etc) 2. BASIS OF COMPENSA nON Hourly rates with an estimated fee of$33,000.00 task A + $11,000.00 for task B plus reimbursables at $2,200.00 with a total not to exceed amount of$46,200.00. Payments to be made monthly. 3. SUBMITTED Submitted by: W Q CAL VlJ;:(GlORDANO ~TES. INC. Date: 1 -1 -( 0 4. APPROVAL Approved by: Date: Rick Conner, City Manager Unfiled Notes Page 4 CITY OF SUNNY ISLES BEACH WORK AUTHORIZATION ESTIMATE DATE .June 30, 2010 WORK AUTHOIUZATION NO. PROJECT NA.ME DESCRlPTION 120 North Bay Bridge Permitting Permit NOIth Bay Bridge Project 'SCOPE RATE HOURS COST $33,000.00 SII,OOO.oo Task A - Environmental Permitting Task B - Misc. General Consulting $44,000.00 LABOR SUBTOTAL REIMBURSABLE SUBTOTAL TOTAL $44,000.00 $2,200.00 $46,200.00 Reviewed by: Rick Conner, City Manager Unfiled Notes Page 5 ~f ~l Calvin, Giordano ~ Associates, Inc. ~EXCtPTIONAI. SOLUTIONS ! . PROFESSIONAL FEE SCHEDULE Principal 215.00 PLANNING Executive Assistant 75.00 Associate, Planning Director of Planning ENGINEERn~G Planning Administrator Associate, Engineering (VI) 190.00 Assistant Director Director, Engineering (V) 165.00 Planner Project Manager (IV) 145.00 Jr. Planner Project Engineer (1II) 125.00 Engineer (II) 105.00 EXPERT WITNESS Jr. Engineer (I) 100.00 Principal/Associate Senior CADD Technician Manager 115.00 Registered Engineer/Surveyor CADD Technician 95.00 Project Enginccr Traffic Technician 90.00 Pennit Administrator 90.00 LANDSCAPE ARCIlITECT Clerical 75.00 Associate, Landscape Senior Landscape Architect DATA TECH DEVELOPMENT Environmental Administrator Associate, Data Tech Dev. 165.00 Landscape Architect GIS Coordinator 145.00 Environmental Specialist GIS Specialist 125.00 Landscape CADD Technician Multi-Media 3D Dcveloper 115.00 Environmental Assistant GIS Technician 100.00 Sr. Applications Developer 165.00 SURVEYING Engineering Applications Developer 135.00 Associate, Surveying Consl'ruclion Engineeril~g Network Administrator 155.00 Senior Registered Surveyor & Inspection System Support Specialist 115.00 Survey Crew Municipal Engineering IT Support Specialist 85.00 Registered Surveyor Transportation Planning Survey Coordinator & Traffic Engineering CONSTRUCTION CADD Teclmician Surveying & Mapping Associate, Construction 165.00 3D Laser Scanner Planning Construction Management Director 135.00 Hydrographic Survey Crew I andscape Architecture Senior Inspector 100.00 G.P.S. Survey Crew & Environmental Services Inspector 90.00 Sub-meter G.P.S Construct ion Services Soft Dig (per hole) Indoor Air Q"ality EMImGImCY MANAG"~MENT Utility Locates Data Technologies Director 145.00 & Development Planncr 105.00 MICROBlALIINnOOR Am Emelgf~ncy Man.2gcmcnt Jr. Planncr 90.00 QUALITY SERVICES Services Building Code Services Sr. Environmental Scientist Governmental Services Environmental Scientist - 165.00 145.00 135.00 125.00 105.00 90.00 330.00 280.00 230.00 165.00 130.00 125.00 115.00 105.00 95.00 85.00 165.00 145.00 135.00 125.00 105.00 95.00 355.00 330.00 155.00 75.00 305.00 205.00 115.00 100.00 III addition to the hourly rates listed above, charges will illclude direct out-of-pocket expellses such as reproduction, ovemight mail, ami other reimbursables billed at a multiplier of1.25. 1800 Elier Drive, Suite 600 furl lauderdale, Fl 33316 Phone: 954.921.7761 Fax: 954.921.8807 www.calvin.giordano.com Effeclive January 1,2009 Fort laude,dale West Palm Beach Orlando Unfiled Notes Pal!e 6 Homestead :c~ EAS ENGINEERING, INC. 55 ALMERIA AVE. . CORAL GABLES' FLORIDA ~3134 . (305) 415.5553 . FAX. (305) 444.2112 . WWW.EAS-ENG.COM June 30, 2010 Joel Wadsworth Project Manager (Browarcl) Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Ft Lauderdale, FI 33316 Re: North Bay Road Bridge Project City of Sunny Isles Beach Dear Mr. Wadsworth: EAS Engineering, Inc. is pleased to submit the following proposal for professional environmental and engineering services related to the above referenced project. It is our understanding that you require assistance in obtaining environmental permits for a new bridge across an existing canal in Sunny Isles Beach, We have reviewed the information in the CD that YOll sent to liS. Based upon our understanding of your requirements, we have prepared a scope of services which we feel will be responsi ve to your needs. Our scope of services includes the following tasks: TASK I TASK 2 ENV IRONMENT AL PERMITTING MISCELLANEOUS GENERAL CONSULTING TASK 1 - ENViRONMENTAL PERM1TTlNG Each agency has identified missing items in the application forms that were submitted, including riparian property owners who must verify DERM's application and a missing signature on the ERP application. Also, in November, 2009, DERM began using a new Class I Application Form. EAS Engineering will prepare, if necessary, new permit applications and sketches. Applications, including a Class I permit application to Miami-Dade COllnty Department of EnvirolUllental Resource Management (DERM) and an Environmental Resources Permit (ERP) application to the South Florida Water Management District (SFWMD) and the Army Corps of Engineers (Corps), will be submitted to you for review and signature prior to submittal to the respective agencies. Obtaining the DERM and SFWMD permits will be a two-step process. The first step is conceptual approval based on the permit sketches. The actual permit cannot be obtained until after detailed construction plans are submitted for review (the second step in the process). It is assumed that the detailed construction and drainage plans and calculations necessary for these permit applications will be prepared by others. Those costs are not included in this proposal. .- Mr. Joel Wadsworth June 30, 2010 Page - 2 - EAS Engineering, Inc. will respond to requests for additional information from all of these agencies. Time will be devoted to keeping track of agency findings on a regular basis. This monitoring will provide us with early detection of agency concerns and will minimize misunderstandings. Each of the applications will be tracked until a decision is reached. As with all permitting matters, no guarantee can be provided regarding success or failure in obtaining permits, nor is it feasible to estimate when the permits will be issued. The State has deadlines for responding to applications (30 days to file a request for additional information and 90 days after the application is deemed complete to issue or deny a permit), but neither the Corps nor DERM have deadlines for taking action. Delays are inevit<1ble with these two agencies. ConstJlJction plans for the proposed improvements (including drainage plans and calculations) will be prepared by others. These plans will be submitted to DERM to complete the Class I permit application. The paving, grading and drainage plans will be submitted to the SFWMD to complete the ERP application. TASK 2 - MISCELLANEOOS GENERAL CONSULTING This task will allow EAS Engineering, Inc. to perform miscellaneous assignments which may be required but do not fall within the scope of the first task. It is understood that work under this task will be performed only at your discretion and with your authorization. Work charged under this task could include additional site inspections, zoning assistance meetings with agencies, litigation assistance, etc. Based upon our experience with similar assignments, we believe it is best to provide our work for Tasks I (Environmental Permitting) and Task 2 (Miscellaneous General Consulting) on an hourly basis plus expenses, against a budget estimate. The following professional fees have been establ ished for each of the tasks described above. TASK 1 -ENVffiONMENTAL PERMITTING $ 30,000.00 Budget Estimate Time Charged Plus Expenses Reimbursable Expenses $ 3,000.00 Not to Exceed TASK 2 - MISe. GENERAL CONSULTlNG $ 10,000.00 Hourly as Authorized Not to Exceed Out of pocket expenses (reimbursable) include water quality or soil testing, application and permit fees, surveys by a registered surveyor, or out of pocket expenses I isted in Paragraph 2 of the attached General Conditions for Professional Engineering Services. Regulatory agency plan review fees and permit fees are not included in the budgets for any tasks. They are your responsibility. Please note that the budgets for several tasks are budget estimates and are not a fee maximum. Because of ever-changing regulatory requirements, it is difficult to assess a budget for some tasks. Hourly billing is fair for both parties. If permitting goes easily, our billings will not exceed the budget amount; if permitting is difficult, however, our bill for a task could exceed the budgeted amount. Hourly rates and out of pocket expenses will be charged per the rates stated in Paragraphs I and 2 of the "]I Mr. Joel Wadsworth June 30, 20\0 Page - 3 - attached General Conditions for Professional Engineering Services. Invoicing will be per Paragraph 3 of the General Conditions. Please be infonned that we are prepared to initiate the services described above. We request that you acknowledge acceptance of this proposal by signing the enclosed copy of this letter and the General Conditions for Professional Engineering Services, and returning them to us, along with a retainer in the amount of Two Thousand Five Hundred Dollars ($2,500.00). This retainer will be applied to our tinal invoice for services. Work under this agreement will not begin until signed copies of both the agreement and general conditions are received. On behalf of EAS Engineering, lnc. we wish to express our appreciation for the opportunity to submit this proposal. We look forward to a continued relationship on this and future projects. Sincerely, EAS En&ri~ e. ~g., Inc. II .. ~ I ../ \ _ 1/ cC-/ jv^S:~ Edward A. 'wakon. P. E. President Enclosure This proposal and the attached General Conditions for Professional Engineering Services arc acknowledged and accepted by: ;-J---j u By: Date , , EAS ENGINEERING, INC. GENERAL CONDITIONS FOR PROFESSIONAL ENGINEERING SERVICES (Effective January 1, 2009) 1. Schedule of Professional Fees Registered Engineer Time Engineer/Scientist Time Engineering Technician Time CADD/GIS Operator Time Technician Time Clerical $200.00 per hour $150.00 per hour $100.00 per hour $ 85.00 per hour $ 75.00 per hour $ 35.00 per hour Our professional fees do not include the cost of water quality testing, soils testing, plan review fees, permit fees, surveys by a registered surveyor, drainage tests, traffic engineering or out of pocket expenses. Fees may be adjusted yearly. 2. Schedule of Out of Pocket Expenses Photocopies Mileage BoatlArgo Usage Postage Long Distance Telephone including taxes Mobile Phone expenses including taxes Shipping Printing Sustenance (out of town only) Travel Expense Parking Fees & Tolls $ 0.25 each $ 0.32 per mile $200/day at cost at cost at cost at cost at cost at cost at cost Costs may be adjusted yearly 3. Invoicing EAS Engineering, Inc. will prepare invoices on a monthly basis for all work performed in the prior month, on or about the 5th of each month. All invoices shall be due and payable upon receipt. Interest at a rate of One Percent (1.0%) per month will be added to all amounts not paid within 30 days of the date of our invoice. EAS Engineering, Inc. reserves the right to discontinue work on past due accounts. The client agrees to pay EAS Engineering, Inc. for all costs associated with the collection of past due accounts, including attorneys fees. 4. Retainers Retainers will be applied to our final invoice for services. 5. Outside Consultants When the use of an outside sub consultant is required, the client will enter into an agreement with the sub consultant directly. At the client's request, EAS Engineering, Inc. will assist the client in procuring a sub consultant and will coordinate the work with the sub consultant as required. EAS Engineering, Inc. does not assume responsibility or liability for the selection or work of the sub consultants. If however, outside consultants are retained and billed by EAS Engineering, Inc. a 20% mark-up will be added to consultant invoices. 6. Termination of Agreement This agreement may be terminated by either party upon thirty (30) days written notice. The client agrees to reimburse EAS Engineering, Inc. for all professional fees and costs incurred up to the date termination is effective. 7. Liability The client herein agrees that EAS Engineering, Inc.'s sole liability will be limited to the actual amount paid by client. 8. Ownership of Data EAS Engineering, Inc. shall retain ownership of all original data, including but not limited to sketches, plans, reports, applications, etc. The final plans, reports, etc. are for the exclusive use of the client. EAS Engineering, Inc. is not responsible for the unauthorized use of any plans, reports, sketches, etc. by others. 9. Miscellaneous Provisions This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations and agreements, be they verbal or written. The parties agree that venue for any legal action rising from this Agreement will be Dade County, Florida, and the prevailing party shall be entitled to recover incurred legal costs. The undersigned acknowledges and agrees that he/she will personally guarantee payment to EAS of all its invoices and that he/she shall be responsible for all costs of collection including attorney's fees. BY: PRINTED NAME SIGNATURE DATE AS TO PERSONAL GUARANTEE DATE BY: PRINTED NAME SIGNATURE \\Eas-srv-Ol\marketing\misc\00gencon2009.wpd I. Engineering Construction Engineering & Inspection Municipal Engineering Transportation Planning & Traffic Engineering Surveying & Mapping Planning Landscape Architccture & Environmental SClvices Con~iruction Services Indoor Air Quality Data Technologies & Development Emergency Management Services Building Code Service.s Governmental Services 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Phone: 954.921 . 77ft 1 Fax: 954.921.8807 www.calvin-giordano.com - I Calvin, Giordano g Associates, Inc. {EXCEPTIONAL SOLUTIONS ;t . July 6, 2010 Mr. Rick Conner City Manager CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Re: Work Authorization No. 121 Newport Fishing Pier Permitting CGA Proposal No. 10-3514 Mr. Rick Conner, Enclosed for your review and approval is Work Authorization No. ]21 for the above referenced project. We have also included a location map showing the vicinity of work to be perfornled as described within the scope of services. Should you have any questions concerning this matter, please feel free to contact me at your convenience. Sincerely, CALVIN, GIORDANO & ASSOCIATES, INC. D~ President --- Fort Lauderdale West Palm Beach Orlando Homestead I i i ! CITY OF SUNNY ISLES BEACH Newport Fishing Pier Permitting PROJECT DESCRIPTION 1. SCOPE OF SERVICES Calvin, Giordano & Associates, Inc. will perform the following services based on our understanding ofthe project requirements: I. Professional Government Consulting Services A. Environmental Permitting 1. CGA and its sub-consultants will meet with you and City staff to review the current status of the applications. Items that have been requested by the regulatory agencies and the parties responsible for providing that information will be identified at this meeting. CGA and its sub-consultants will respond to the agencies' requests for additional information as soon as the requested information is available. The primary agencies involved in this project are the US Army Corps of Engineers (Corps), Florida Department of Environmental Protection (FDEP) and Miami-Dade County Department of Environmental Resources Management (DERM). 2. Obtaining the DERM and FDEP permits will be a two-step process. The first step is conceptual approval based on the permit sketches. The actual permit cannot be obtained until after detailed construction plans are submitted for review (the second step in the process). It is assumed that the detailed construction and drainage plans and calculations necessary for these permit applications will be prepared by others. Those costs are not included in this proposal 3. CGA and its sub-consultants will continue to respond to requests for additional information from all of these agencies. Time will be devoted to keeping track of agency findings on a regular basis. This monitoring will provide us with early detection of agency concerns and will minimize misunderstandings. Each of the applications will be tracked until a decision is reached. As with all permitting matters, no guarantee can be provided regarding success or failure in obtaining permits, nor is it feasible to estimate when the permits - will be issued. The State has deadlines for responding to applications (30 days to file a request for additional information and 90 days after the application is deemed complete to issue or deny a permit), but neither the Corps nor DERM have deadlines for taking action. Delays are inevitable with these two agencies. 4. Construction plans for the proposed improvements (including drainage plans and calculations) will be prepared by others. These plans will be submitted to DERM to complete the Class I permit application. The paving, grading and drainage plans will be submitted to the SFWMD to complete the ERP application. B. Miscellaneous General Consulting 1. This task will allow CGA and its sub-consultants to perform miscellaneous assignments which may be required but do not fall within the scope of the first task. It is understood that work under this task will be performed only at your discretion and with your authorization. Work charged under this task could include additional site inspections, zoning assistance meetings with agencies, litigation assistance, etc. 2. Basis of the Proposal 1. Based upon our experience with similar assignments, we believe it . is best to provide our work for Task A (Environmental Permitting) and Task B (Miscellaneous General Consulting) on an hourly basis plus expenses, against a budget estimate. 2. Out of pocket expenses (reimbursable) include water quality or soil testing, application and permit fees, surveys by a registered surveyor, or out of pocket expenses listed in this proposal. 3. Regulatory agency plan review fees and permit fees are not included in the budgets for any tasks. They are your responsibility. Please note that the budgets for several tasks are budget estimates and are not a fee maximum. Because of ever-changing regulatory requirements, it is difficult to assess a budget for some tasks. Hourly billing is fair for both parties. If permitting goes easily, our billings will not exceed the budget amount; if permitting is difficult, however, our bill for a task could exceed the budgeted amount. I ,. 4. Any additional hours ofCGA staffwill be billed at the attached CGA hourly rates, any additional hourly rates of COA's sub- consultant will be billed at their attached hourly rates plus a ten percent management and overhead fee. 5. Please be informed that we are prepared to initiate the services described above. We request that you acknowledge acceptance of this proposal by signing the enclosed copy of this proposal, and returning it to us, along with a retainer in the amount of Two Thousand Five Hundred Dollars ($2,500.00). This retainer will be applied to our final invoice for services. Work under this agreement will not begin until signed copies of both the agreement and general conditions are received. 6. Time is of the essence. A complete schedule, including critical path and milestones, must be submitted as a contractual requirement within 14 days of execution. This schedule is to be updated and submitted on a minimum weekly basis. Payments will be made based on the schedule milestones achieved. Non- compliance of this contractual requirement, for reasons within our control, will result in termination of this contract. As you are aware a large portion of the scheduled items lay in the hands of others (permitting agencies, design engineers, etc) 3. BASIS OF COMPENSATION Hourly rates with an estimated fee of $22,000.00 Task A and $11,000 for Task B, plus reimbursables at $1,650.00 with a total not to exceed amount of $34,650.00. Payments to be made monthly. 4. SUBMITTED/ Surnnittodby: JLQ CALVIN, GIORD~~ INC. Date: ~-q-/J 5. APPROVAL Approved by: Date: Rick Conner, City Manager ~ CITY OF SUNNY ISLES BEACH WORK AUTHORIZATION ESTIMATE DATE July 6, 2010 WORK AUTHORIZATION NO. PROJECT NAME DESCRIPTION 121 Newport Fishing Pier Permitting Obtain Environmental Permits for the Newport Fishing Pier Demolition & Reconstruction TITLE ... Task A Task B RATE $11,000.00 $22,000.00 HOURS 1 COST $11,000.00 $22,000.00 $33,000.00 LABOR SUBTOTAL REIMBURSABLE SUBTOTAL TOTAL $33,000.00 $1,650.00 $34,650.00 Reviewed by: Rick Conner, City Manager I I i i Calvin, Giordano & Associates, Inc. EXCEPTIONAL SOLUTIONS PROFESSIONAL FEE SCHEDULE Principal 215.00 PLANNING Executive Assistant 75.00 Associate, Planning Director of Planning ENGINEERING Planning Administrator Associate, Engineering (VI) 190.00 Assistant Director Director, Engineering (V) 165.00 Planner Project Manager (IV) 145.00 Jr. Planner Project Engineer (III) 125.00 Engineer (II) 105.00 EXPERT WITNESS Jr. Engineer (1) 100,00 Principal! Associate Senior CADD Technician Manager 115.00 Registered Engineer/Surveyor CADD Technician 95.00 Project Engineer Traffic Technician 90.00 Pennit Administrator 90.00 LANDSCAPE ARCHITECT Clerical 75.00 Associate, Landscape Senior Landscape Architect DATA TECH DEVELOPMENT Environmental Administrator Associate, Data Tech Dev. 165.00 Landscape Architect GIS Coordinator 145.00 Environmental Specialist GIS Specialist 125.00 Landscape CADD Technician Multi-Media 3D Developer 115.00 Environmental Assistant GIS Technician 100.00 Sr. Applications Developer 165.00 SURVEYING Engineering Applications Developer 135.00 Associate, Surveying Construction Engineering Network Administrator 155.00 Senior Registered Surveyor & Inspection System Support Specialist 115,00 Survey Crew Municipal Engineering IT Support Specialist 85.00 Registered Surveyor Transportation Planning Survey Coordinator & Traffic Engineering CONSTRUCTION CADD Technician Surveying & Mapping Associate, Construction 165.00 3D Laser Scanner Planning Construction Management Director 135.00 Hydrographic Survey Crew Landscape Architecture Senior Inspector 100.00 G.P.S. Survey Crew & Environmental Services Construction Services Inspector 90.00 Sub-meter G.P.S Indoor Air Quality Soft Dig (per hole) EMERGENCY MANAGEMENT Utility Locates Data Ted1l10logies Director 145.00 & Development Planner 105.00 MICROBIAL/INDOOR AIR Emergency Management Services Jr. Planner 90.00 QUALITY SERVICES Building Code Services Sr. Environmental Scientist Governmental Services Enviromnental Scientist 165.00 145.00 135.00 125.00 105.00 90.00 330.00 280.00 230.00 165.00 130.00 125.00 115.00 105.00 95.00 85.00 165.00 145.00 135.00 125.00 105.00 95.00 355.00 330.00 155.00 75.00 305.00 205.00 115.00 100.00 In addition to the hourly rates listed above, charges will include direct out-oj-pocket expenses such as reproduction, overnight mail, and other reimbursables billed at a multiplier oj 1.25. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Phone: 954.921.7781 Fax: 954.921 ,8807 www.calvin-giordano.com Effective January 1,2009 Fortlauderdale West Palm Beach Orlando Homestead EAS ENGINEERING, INC. 55 ALMERIA AVE. . CORAL GABLES. FLORIDA 33134 . (305) 445-5553. FAX: (305) 444-2112. WWW.EAS.ENG.COM July 6, 010 Mr. Joel Wadsworth Project Manager (Broward) Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Ft Lauderdale, FI33316 Re: Newport Fishing Pier Project City of Sunny Isles Beach Dear Mr. Wadsworth: EAS Engineering, Inc. is pleased to submit the following proposal for professional environmental and engineering services related to the above referenced project. It is our understanding that you require assistance in obtaining environmental permits for a new fishing pier to replace the existing fishing pier in Sunny Isles Beach. We have reviewed the information in the CD that you sent to us. Based upon our understanding of your requirements, we have prepared a scope of services which we feel will be responsive to your needs. Our scope of services includes the following tasks: TASK I ENVIRONMENTAL PERMITTING TASK 2 MISCELLANEOUS GENERAL CONSULTING TASK 1 - ENVIRONMENTAL PERMITTING EAS will meet with you and City staff to review the current status of the applications. Items that have been requested by the regulatory agencies and the parties responsible for providing that information will be identified at this meeting. EAS Engineering will respond to the agencies' requests for additional information as soon as the requested information is available. The primary agencies involved in this project are the US Army Corps of Engineers (Corps), Florida Department of Environmental Protection (FDEP) and Miami-Dade County Department of Environmental Resources Management (DERM). Obtaining the DERM and FDEP permits will be a two-step process. The first step is conceptual approval based on the permit sketches. The actual permit cannot be obtained until after detailed construction plans are submitted for review (the second step in the process). It is assumed that the detailed construction and drainage plans and calculations necessary for these permit applications will be prepared by others. Those costs are not included in this proposal. EAS Engineering, Inc. will continue to respond to requests for additional information from all of these agencies. Time will be devoted to keeping track of agency findings on a regular basis. This monitoring will provide us with early detection of agency concerns and will minimize misunderstandings. Each of the applications will be tracked until a decision is reached. As with all permitting matters, no guarantee can be provided regarding success or failure I . - Mr. Joel Wadsworth July 6,2010 Page 2 in obtaining permits, nor is it feasible to estimate when the permits will be issued. The State has deadlines for responding to applications (30 days to file a request for additional information and 90 days after the application is deemed complete to issue or deny a permit), but neither the Corps nor DERM have deadlines for taking action. Delays are inevitable with these two agencies. Construction plans for the proposed improvements (including drainage plans and calculations) will be prepared by others. These plans will be submitted to DERM to complete the Class I permit application. The paving, grading and drainage plans will be submitted to the SFWMD to complete the ERP application. TASK 2 - MISCELLANEOUS GENERAL CONSULTING This task will allow EAS Engineering, Inc. to perform miscellaneous assignments which may be required but do not fall within the scope of the first task. It is understood that work under this task will be performed only at your discretion and with your authorization. Work charged under this task could include additional site inspections, zoning assistance meetings with agencies, litigation assistance, etc. Based upon our experience with similar assignments, we believe it is best to provide our work for Tasks I (Environmental Permitting) and Task 2 (Miscellaneous General Consulting) on an hourly basis plus expenses, against a budget estimate. The following professional fees have been established for each of the tasks described above. TASK I - ENVIRONMENTAL PERMITTING $ 20,000.00 Budget Estimate Time Charged Plus Expenses Reimbursable Expenses $ 3,000.00 Not to Exceed TASK 2 - MISC. GENERAL CONSULTING $ 10,000.00 Hourly as Authorized Not to Exceed Out of pocket expenses (reimbursable) include water quality or soil testing, application and permit fees, surveys by a registered surveyor, or out of pocket expenses listed in Paragraph 2 of the attached General Conditions for Professional Engineering Services. Regulatory agency plan review fees and permit fees are not included in the budgets for any tasks. They are your responsibility. Please note that the budgets for several tasks are budget estimates and are not a fee maximum. Because of ever-changing regulatory requirements, it is difficult to assess a budget for some tasks. Hourly billing is fair for both parties. If permitting goes easily, our billings will not exceed the budget amount; if permitting is difficult, however, our bill for a task could exceed the budgeted amount. Hourly rates and out of pocket expenses will be charged per the rates stated in Paragraphs I and 2 of the attached General Conditions for Professional Engineering Services. Invoicing will be per Paragraph 3 of the General Conditions. Mr. Joel Wadsworth July 6,2010 Page 3 Please be informed that we are prepared to initiate the services described above. We request that you acknowledge acceptance of this proposal by signing the enclosed copy of this letter and the General Conditions for Professional Engineering Services, and returning them to us, along with a retainer in the amount of Two Thousand Five Hundred Dollars ($2,500.00). This retainer will be applied to our final invoice for services. Work under this agreement will not begin until signed copies of both the agreement and general conditions are received. On behalf of EAS Engineering, Inc. we wish to express our appreciation for the opportunity to submit this proposal. We look forward to a continued relationship on this and future projects. Sincerely, ~r~J Edward A. Swakon. P. E. President Enclosure This proposal and the attached General Conditions for Professional Engineering Services are acknowledged and accepted by: j-;--/{) By: J 081 'J,' "L 8Wt De VV\l5 ['1' t:wJc........ Date \ \ 192.168.0.1 \Marketing\2000docs\2000 215 .docx - EAS ENGINEERING, INC. GENERAL CONDITIONS FOR PROFESSIONAL ENGINEERING SERVICES (Effective January 1, 2009) 1. Schedule of Professional Fees Registered Engineer Time Engineer/Scientist Time Engineering Technician Time CADD/GIS Operator Time Technician Time Clerical $200.00 per hour $150.00 per hour $100.00 per hour $ 85.00 per hour $ 75.00 per hour $ 35.00 per hour Our professional fees do not include the cost of water quality testing, soils testing, plan review fees, permit fees, surveys by a registered surveyor, drainage tests, traffic engineering or out of pocket expenses. Fees may be adjusted yearly. 2. Schedule of Out of Pocket Expenses Photocopies Mileage Boat\Argo Usage Postage Long Distance Telephone including taxes Mobile Phone expenses including taxes Shipping Printing Sustenance (out of town only) Travel Expense Parking Fees & Tolls $ 0.25 each $ 0.32 per mile $200/day at cost at cost at cost at cost at cost at cost at cost Costs may be adjusted yearly 3. Invoicin~ EAS Engineering, Inc. will prepare invoices on a monthly basis for all work performed in the prior month, on or about the 5th of each month. All invoices shall be due and payable upon receipt. Interest at a rate of One Percent (1.0%) per month will be added to all amounts not paid within 30 days of the date of our invoice. EAS Engineering, Inc. reserves the right to discontinue work on past due accounts. The client agrees to pay EAS Engineering, Inc. for all costs associated with the collection of past due accounts, including attorneys fees. 4. Retainers Retainers will be applied to our final invoice for services. 5. Outside Consultants When the use of an outside sub consultant is required, the client will enter into an agreement with the sub consultant directly. At the client's request, EAS Engineering, Inc. will assist the client in procuring a sub consultant and will coordinate the work with the sub consultant as required. EAS Engineering, Inc. does not assume responsibility or liability for the selection or work of the sub consultants. If however, outside consultants are retained and billed by EAS Engineering, Inc. a 20% mark-up will be added to consultant invoices. 6. Termination of A~reement This agreement may be terminated by either party upon thirty (30) days written notice. The client agrees to reimburse EAS Engineering, Inc. for all professional fees and costs incurred up to the date termination is effective. 7. Liability The client herein agrees that EAS Engineering, Inc.'s sole liability will be limited to the actual amount paid by client. 8. Ownership of Data EAS Engineering, Inc. shall retain ownership of all original data, including but not limited to sketches, plans, reports, applications, etc. The final plans, reports, etc. are for the exclusive use of the client. EAS Engineering, Inc. is not responsible for the unauthorized use of any plans, reports, sketches, etc. by others. 9. Miscellaneous Provisions This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations and agreements, be they verbal or written. The parties agree that venue for any legal action rising from this Agreement will be Dade County, Florida, and the prevailing party shall be entitled to recover incurred legal costs. The undersigned acknowledges and agrees that he/she will personally guarantee payment to EAS of all its invoices and that he/she shall be responsible for all costs of collection including attorney's fees. BY: PRINTED NAME SIGNATURE DATE AS TO PERSONAL GUARANTEE BY: PRINTED NAME SIGNATURE DATE \\Eas-srv-Ol\marketing\misc\OOgencon2009.wpd I - r ~....A.". '.". f Calvin, Giordano & Associates, Inc. ~'iEXCEPTIONAL SOLUTIONS ..~. li Engi neeri ng Construction Engineering & Inspection Municipal Engineering Transportation Planning & Traffic Engineering Surveying & Mapping Planning Landscape Architecture & Environmental Services Construction Services Indoor Air Quality Data Technologies & Development Emergency Management Services Building Code Services Governmental Services 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Phone: 954.921.7781 Fax: 954.921.8807 www.calvin-giordano.com July 6, 2010 Mr. Rick Conner City Manager CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Re: Work Authorization No. 121 Newport Fishing Pier Permitting CGA Proposal No. 10-3514 Mr. Rick Conner, Enclosed for your review and approval is Work Authorization No. 121 for the above referenced project. We have also included a location map showing the vicinity of work to be performed as described within the scope of services. Should you have any questions concerning this matter, please feel free to contact me at your convenience. Sincerely, CALVIN, GIORDANO & ASSOCIATES, INC. Dennis J. Gior President Fort Lauderdale West Palm Beach Homestead Orlando CITY OF SUNNY ISLES BEACH Newport Fishing Pier Permitting PROJECT DESCRIPTION 1. SCOPE OF SERVICES Calvin, Giordano & Associates, Inc. will perform the following services based on our understanding of the project requirements: I. Professional Government Consulting Services A. Environmental Permitting 1. CGA and its sub-consultants will meet with you and City staff to review the current status of the applications. Items that have been requested by the regulatory agencies and the parties responsible for providing that information will be identified at this meeting. CGA and its sub-consultants will respond to the agencies' requests for additional information as soon as the requested information is available. The primary agencies involved in this project are the US Army Corps of Engineers (Corps), Florida Department of Environmental Protection (FDEP) and Miami-Dade County Department of Environmental Resources Management (DERM). 2. Obtaining the DERM and FDEP permits will be a two-step process. The first step is conceptual approval based on the permit sketches. The actual permit cannot be obtained until after detailed construction plans are submitted for review (the second step in the process). It is assumed that the detailed construction and drainage plans and calculations necessary for these permit applications will be prepared by others. Those costs are not included in this proposal. 3. CGA and its sub-consultants will continue to respond to requests for additional information from all of these agencies. Time will be devoted to keeping track of agency findings on a regular basis. This monitoring will provide us with early detection of agency concerns and will minimize misunderstandings. Each of the applications will be tracked until a decision is reached. As with all permitting matters, no guarantee can be provided regarding success or failure in obtaining permits, nor is it feasible to estimate when the permits will be issued. The State has deadlines for responding to applications (30 days to file a request for additional information and 90 days after the application is deemed complete to issue or deny a permit), but neither the Corps nor DERM have deadlines for taking action. Delays are inevitable with these two agencies. 4. Construction plans for the proposed improvements (including drainage plans and calculations) will be prepared by others. These plans will be submitted to DERM to complete the Class I permit application. The paving, grading and drainage plans will be submitted to the SFWMD to complete the ERP application. B. Miscellaneous General Consulting 1. This task will allow CGA and its sub-consultants to perform miscellaneous assignments which may be required but do not fall within the scope of the first task. It is understood that work under this task will be performed only at your discretion and with your authorization. Work charged under this task could include additional site inspections, zoning assistance meetings with agencies, litigation assistance, etc. 2. Basis of the Proposal 1. Based upon our experience with similar assignments, we believe it is best to provide our work for Task A (Environmental Permitting) and Task B (Miscellaneous General Consulting) on an hourly basis plus expenses, against a budget estimate. 2. Out of pocket expenses (reimbursable) include water quality or soil testing, application and permit fees, surveys by a registered surveyor, or out of pocket expenses listed in this proposal. 3. Regulatory agency plan review fees and permit fees are not included in the budgets for any tasks. They are your responsibility. Please note that the budgets for several tasks are budget estimates and are not a fee maximum. Because of ever-changing regulatory requirements, it is difficult to assess a budget for some tasks. Hourly billing is fair for both parties. If permitting goes easily, our billings will not exceed the budget amount; if permitting is difficult, however, our bill for a task could exceed the budgeted amount. 4. Any additional hours of CGA staff will be billed at the attached CGA hourly rates, any additional hourly rates of CGA's sub- consultant will be billed at their attached hourly rates plus a ten percent management and overhead fee. 5. Please be informed that we are prepared to initiate the services described above. We request that you acknowledge acceptance of this proposal by signing the enclosed copy of this proposal, and returning it to us, along with a retainer in the amount of Two Thousand Five Hundred Dollars ($2,500.00). This retainer will be applied to our final invoice for services. Work under this agreement will not begin until signed copies of both the agreement and general conditions are received. 6. Time is of the essence. A complete schedule, including critical path and milestones, must be submitted as a contractual requirement within 14 days of execution. This schedule is to be updated and submitted on a minimum weekly basis. Payments will be made based on the schedule milestones achieved. Non- compliance of this contractual requirement, for reasons within our control, will result in termination of this contract. As you are aware a large portion of the scheduled items lay in the hands of others (permitting agencies, design engineers, etc) 3. BASIS OF COMPENSATION Hourly rates with an estimated fee of $22,000.00 Task A and $11,000 for Task B, plus reimbursables at $1,650.00 with a total not to exceed amount of $34,650.00. Payments to be made monthly. 4. SUBMITTED Submitted by: Date: ~ -1 -/ () S,INC. 5. APPROV AL Approved by: Date: If f41() CITY OF SUNNY ISLES BEACH WORK AUTHORIZATION ESTIMATE DATE July 6, 2010 WORK AUTHORIZATION NO. PROJECT NAME DESCRIPTION 121 Newport fishing Pier Permitting Obtain Environmental Permits for the Newport fishing Pier Demolition & Reconstruction Task A Task B RATE HOURS $11,000.00 $22,000.00 COST $11,000.00 $22,000.00 TITLE $33,000.00 LABOR SUBTOTAL REIMBURSABLE SUBTOTAL TOTAL $33,000.00 $1,650.00 $34,650.00 Reviewed by: Rick Conner, City Manager ~ I..~'..'.A..'.'< I Calvin, Giordano g Associates, Inc. <lb 6 ~' jEXCEPTIONAl SOLUTIONS " ." ~ PROFESSIONAL FEE SCHEDULE Principal 215.00 PLANNING Executive Assistant 75.00 Associate, Planning 165.00 Director of Planning 145.00 ENGINEERING Planning Administrator 135.00 Associate, Engineering (VI) 190.00 Assistant Director 125.00 Director, Engineering (V) 165.00 Planner 105.00 Project Manager (IV) 145.00 Jr. Planner 90.00 Project Engineer (III) 125.00 Engineer (II) 105.00 EXPERT WITNESS Jr. Engineer (I) 100.00 Principal! Associate 330.00 Senior CADD Technician Manager 115.00 Registered Engineer/Surveyor 280.00 CADD Technician 95.00 Project Engineer 230.00 Traffic Technician 90.00 Permit Administrator 90.00 LANDSCAPE ARCHITECT Clerical 75.00 Associate, Landscape 165.00 Senior Landscape Architect 130.00 DATA TECH DEVELOPMENT Environmental Administrator 125.00 Associate, Data Tech Dev. 165.00 Landscape Architect 115.00 GIS Coordinator 145.00 Environmental Specialist 105.00 GIS Specialist 125.00 Landscape CADD Technician 95.00 Multi-Media 3D Developer 115.00 Environmental Assistant 85.00 GIS Technician 100.00 Sr. Applications Developer 165.00 SURVEYING Engineering Applications Developer 135.00 Associate, Surveying 165.00 Construction Engineering Network Administrator 155.00 Senior Registered Surveyor 145.00 & Inspection System Support Specialist 115.00 Survey Crew 135.00 Municipal Engineering IT Support Specialist 85.00 Registered Surveyor 125.00 Transportation Planning Survey Coordinator 105.00 & Traffic Engineering Surveying & Mapping CONSTRUCTION CADD Technician 95.00 Associate, Construction 165.00 3D Laser Scanner 355.00 Planning Construction Management Director 135.00 Hydrographic Survey Crew 330.00 landscape Architecture Senior Inspector 100.00 G.P.S. Survey Crew 155.00 & Environmental Services Construction Services Inspector 90.00 Sub-meter G.P.S 75.00 Indoor Air Quality Soft Dig (per hole) 305.00 EMERGENCY MANAGEMENT Utility Locates 205.00 Data Technologies Director 145.00 & Development Emergency Management Planner 105.00 MICROBIAL/INDOOR AIR Services Jr. Planner 90.00 QUALITY SERVICES Building Code Services Sr. Environmental Scientist 115.00 Governmental Services Environmental Scientist 100.00 In addition to the hourly rates listed above, charges will include direct out-oj-pocket expenses such as reproduction, overnight mail, and other reimbursables billed at a multiplier oj 1.25. 1800 Eller Drive, Suite 600 Fort lauderdale, Fl 33316 Phone: 954.921.7781 Fax: 954.921.8807 www.calvin-giordano.com Effective January 1,2009 Fnrt I ;",nprr1rllp VVP,t P~lm Rp~rh nrhnnn Hnmpc;fp,1n .... Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Rick Conner, City Manager DATE: 7/15/2010 RE: Contract with Calvin-Giordano & Associates to handle all permitting issues on the Emergency/Pedestrian Bridge and the Newport Fishing Pier. RECOMMENDATION: The staff recommends approval of the Resolution that will authorize Calvin Giordano & Associates to take over the permitting process for the Emergency/Pedestrian Bridge and the Newport Fishing Pier, utilizing the sub-consultant of EAS Engineering, in a total amount not to exceed $80,850.00 ($46,200 for the bridge and $34,650 for the Pier). These numbers include monies that should not need to be spent, but we have put in an allowance (only if authorized by the City) for addtional work that might be necessary to keep this projects moving. Also, part of this contract is a penalty for not meeting the proposed schedule. REASONS: EAS Engineering specializes in Environmental Permitting and has put together a schedule to acquire the permits for these two projects. We are also asking for authority to cancel the contract with Marlin Engineering, the firm orginally hired to obtain the permits (through their sub-consultant, Milian-Swain & Associates). We are including the new shedule as part of this package. FUNDING SOURCE: Funding for this effort will come from the original Capital Project Accounts for the Bridge and Pier, Numbers 20-600-5670 and 20-600-5651. ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=291 &MeetingID=O&MeetingDate=... 7/8/2010