Loading...
HomeMy WebLinkAboutReso 2011-1782 RESOLUTION NO. 2011 - --.1.J..B2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING RFQ NO. 11-07-01 TO AND ENTERING INTO AN AGREEMENT WITH CALVIN GIORDANO AND ASSOCIATES, INC. FOR SPECIAL INSPECTION, GEOTECHNICAL/CONTRACT ADMINISTRA TION SERVICES FOR NEWPORT PIER AND RESTAURANT PROJECT, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THIRTY-FOUR THOUSAND FIVE HUNDRED THIRTY -TWO DOLLARS AND FIFTY CENTS, ($434,532.50), 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 RESOLUION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 1, 2011, the City advertised and issued Request for Qualifications (RFQ) No. 11-07-01 for Special Inspections services including geotechnical services, construction administration, and other services as specified with the RFQ for the Newport Pier and Restaurant Project, for which four responses were received; and WHEREAS, staff has recommended Calvin Giordano and Associates, Inc. based on relevant experience, qualifications, past performances related to the specific RFQ requirements, as well as the firm's knowledge of City projects; and WHEREAS, the implementation of these new and/or additional goods and services requires certain budget amendments to the Fiscal Year 2010/2011 Budget; and WHEREAS, Calvin Giordano and Associates, Inc. has expressed its ability and desire to provide these services; and WHEREAS, the City wishes to enter into an agreement with Calvin Giordano and Associates, Inc. for Special Inspection, Geotechnical, and Construction Administration Services as it relates to the Newport Pier and Restaurant Project, in an amount not to exceed Four Hundred Thirty- Four Thousand Five Hundred Thirty-Two Dollars and Fifty Cents ($434,532.50), 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. Incorporation of Recitals. The recitals set forth in this Resolution are incorporated herein by reference as if fully set forth herein. R2011- Calvin Giordano Agmt Pier (Bid 11-07-01) Page 1 of2 Section 2. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid No. 11-02-02 to and enters into an Agreement with Calvin Giordano and Associates, Inc. for Special Inspection, Geotechnical, and Construction Administration Services as it relates to the Newport Pier and Restaurant Project, in an amount not to exceed Four Hundred Thirty-Four Thousand Five Hundred Thirty-Two Dollars and Fifty Cents ($434,532.50), attached hereto as Exhibit "A". Section 3. Authorization of Mavor. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20th day of September 2011. /j J J W~ :4 ~ ATTEST: . C t\ Ll~~~ ~,CMC, City Clerk D AS TO FORM A SUFFICIENCY: Moved by: Cn~~ Sc:.\-{OLL V, G ~ -r ~h~-L~ Seconded by: Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl ~(Y es) V(Y es) V(Y es) ~Y es) _(Yes) _(No) _(No) _(No) _(No) _(No) R2011- Calvin Giordano Agmt Pier (Bid 11-07-01) Page 2 of2 3A AGREEMENT BETWEEN THE CITY ( ISLES BEACH AND CALVIN, GIORDANO & A FOR PROJECT MANAGEMENT FOR THE NEW} CONTRACT NO. CIOII-066 Q-20- rl THIS AGREEl\1ENT, entered into this '2-Dt!!. day of S€t="t""tM~e2011, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "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 RECIT ALS WHEREAS, the City is in need of project management services for the demolition and re-construction of the Newport Fishing Pier project located at 16701 Collins Avenue ("Services"), consisting of prime consulting, project management, and construction inspection, as more particularly described in Attachment "A", attached hereto and made a part hereof; and WHEREAS, the City issued Request for Qualifications No. 11-07-01 for Special Inspection Services, including Geotechnical/Construction Administration for the Services described herein; 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 $434,532.50 (Four Hundred Thirty Four Thousand Five Hundred Thirty Two Dollars and Fifty Cents). 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. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. CONTRACT DOCUl\1ENTS. This Agreement incorporates the Contract Documents as that term is defined in Request for Qualifications No. 11-07-01. 3. SERVICES. Consultant shall provide to the City the Services as more particularly described in Attachment "A" attached hereto and made a part hereof. 4. ADDITIONAL SERVICES. If the need for additional work or changes under this Agreement is identified by Consultant during the course of performing its obligations hereunder, Consultant shall set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by the Page I of II <: t..) - " C I 0 11-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier City Manager or his designee. No such additional work shall be done or paid for without the specific prior written approval of the City Manager or his designee. 5. TERM. The term of this Agreement shall begin upon the execution of this Agreement by both parties and shall end upon completion of the Services. 6. COMPENSATION. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to exceed $434,532.50 (Four Hundred Thirty Four Thousand Five Hundred Thirty Two Dollars and Fifty Cents) for the performance of the stated Services. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. A vailability 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 the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, 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. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 7. INDEPENDENT CONTRACTOR RELATIONSIDP. 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 Page 2 of II , "'-. v CIOII-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier 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. 8. OWNERSHIP OF DOCUl\1ENTS AND EOUIPl\1ENT. All documents prepared by the Consultant pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. 9. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the minimum insurance coverage specified in 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: Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) 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 Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: o Premises and Operation o Independent contractors o Products and/or Completed Operations Hazard o Broad Form Property Damage o Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. o 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 o Jones Act Maritime Insurance Coverage Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) 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: o Owned Vehicles; o Hired and Non-Owned Vehicles; o Employers' Non-Ownership. Page 3 of II ", '0 C 1011-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier Before starting the Services, the Consultant shall file and make sure that all certificates of insurance required by this document and by the Agreement are in the City's possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City Manager or his designee by certified mail. The City shall be named as an additional insured on the above-referenced policies. The Consultant agrees that if any part of the Services under the Contract is sublet, they will require the Sub-Consultant(s) to carry insurance as required, and that they will require the Sub-Consultant(s) to furnish to them insurance certificates similar to those required by the City in this section. Cancellation and Re- Insurance: If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this Agreement, the Consultant shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Agreement. All deductibles must be declared by the Consultant and must be approved by the City. At the option of the City, either the Consultant shall eliminate or reduce such deductible or the Consultant shall procure a Bond, in a form satisfactory to the City, covering the same. Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Consultant's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately 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 Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Consultant shall also require and ensure that each of its Sub-Consultant(s) providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREl\1ENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 10. PERMITS AND CITY CODE COMPLIANCE. Consultant shall secure all necessary permits and licenses required in connection with the performance of the Services and shall perform all such work in full compliance with the requirements of applicable codes, ordinances and regulations of the City. Page 4 of II ~\ CIOII-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier 11. ACCIDENT PREVENTION. Consultant shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for damages to persons or property, either on or off the Newport Fishing Pier site, which occur as a result of the Consultant's execution of the Services. The safety provisions of applicable law and building and construction codes shall be observed and the Consultant shall take or cause to be taken such additional safety and health measures as the City may determine to be reasonable and necessary. 12. RESPONSIBILITY AND SUPERVISION OF WORK. Consultant shall be responsible to the City for the acts and omissions of all the Consultant's employees, Sub- Consultants, agents and all other persons performing any of the Services on behalf of the Consultant. Consultant shall at all time enforce strict and good order among Consultant's employees and shall not employ any unfit persons or anyone not skilled in the tasks necessary to perform the Services. Consultant shall act as or employ a competent supervisor who shall regularly visit the Newport Fishing Pier site and shall regularly communicate with the City Manager or his designee during the progress of the Services. 13. INSPECTION. Consultant shall permit regular inspections by the City and other appropriate officials in order to confirm that the Services are being conducted in accordance with the terms and conditions of this Agreement and that the Services are satisfactorily completed. 14. INDEMNIFICATION. Consultant agrees to indemnify, defend 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, sickness, disease, or loss of or damage to property, at law or in equity, which may arise or may be alleged to have arisen from the acts, errors, omissions or other wrongful conduct of the Consultant in connection with the performance of Services under this Agreement, whether such acts, errors, omissions or other wrongful conduct be by the Consultant, or any of the Consultant's subContractors, agents, employees, suppliers or any other personnel entity acting under Consultant's control, 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 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. 15. TERMINATION. a. Termination for Default. 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. Page 5 of II C: v C 1011-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier 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. H. 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. HI. After receipt of a Termination Notice and except as otherwise directed by the City, the Consultant shall: 1. Stop work on the date and to the extent specified; 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work; 3. Transfer all work in process, completed work and other materials related to the terminated work to the City; and 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 the Consultant is given ten (10) days written notice. 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. 16. ASSIGNl\1ENTS. TRANSFERS. SUBCONTRACTING. Other than the specific sub- consultant services specifically identified in Attachment "A", attached hereto and incorporated herein by reference, the Consultant shall not subcontract, assign or transfer any other services under this Agreement without the prior written consent of the City Manager or his designee. Should the Consultant subcontract any such 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. 17. AUTHORITY TO PRACTICE. Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and that Page 6 of II ':> ~ C 1011-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier 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. 18. MODIFICATIONS OF SERVICES. The City reserves the right to make changes in the Services, including alterations, reductions or additions thereto. Upon receipt of the City's notification of a contemplated change, the Consultant shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in completion date, and (3) advise the City in writing if the contemplated change shall affect the Consultant's ability to meet the completion dates or schedules of this Agreement. 19. COORDINATION OF SERVICES. The City's representative/liaison during the performance of this Agreement shall be Gio Batista, Public Works Director/City Engineer whose phone number is (305) 792-1909. Consultant shall not respond to requests for services under this Agreement unless the request is received directly from Gio Batista. Any requests received from other City departments/divisions shall be referred to Gio Batista first for approval or if Gio Batista is unavailable, then to the City Manager, Alan J. Cohen for approval prior to the commencement of any work. Services performed without authorization by Gio Batista, Public Works Director/City Engineer or the City Manager, Alan J. Cohen, shall be considered unauthorized and shall not be compensated/paid by the City. 20. l\1EDIATION AND ARBITRATION OF DISPUTES The merits of any dispute arising under, out of, in connection with, or in relation to this agreement, or the making or validity thereof, or its interpretation, or any breach thereof, shall be determined and settled by Arbitration before an Arbitrator in the State of Florida, pursuant to the Commercial Arbitration Rules then obtaining of the American Arbitration Association. If the parties hereto are unable to agree upon the selection of an arbitrator, such arbitration shall be held before the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties hereto and a judgment thereon may be entered in the highest court of the State of Florida having jurisdiction. Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the dispute amicably. In the event that the parties hereto are unable to resolve the dispute amicably, either party may give notice for a Mediation session before a Mediator appointed by mutual agreement (hereinafter the "Mediator"). If the parties are unable to agree upon the selection of a mediator, such mediation shall be held before the American Arbitration Association. The Mediator shall make a recommendation to the parties in the form of a written mediated settlement agreement. Each party to the dispute shall sign such agreement after receipt of the same or immediately file a demand for Arbitration, in which event the parties shall proceed to Arbitration in accordance with the previous paragraph. All costs of the Arbitration, including Mediation and the legal action to confirm and enforce the arbitrator's award, as the case may be, including the reasonable legal fees of both 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 Mediation as may be determined by the court on confirmation. Page 7 of II F\ , ~~ C1011-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier 21. 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. 22. 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: If to the City: Alan J. Cohen 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 23. 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. 24. 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. 25. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Page 8 of II '\.' \ ~ CIOII-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier 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. 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. 26. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly that should conflict in any manner or degree with the performance of the services. 27. WARRANTY. The Consultant warrants that the Services including equipment and materials provided shall conform to professional standards of care and practice in effect at the time the Services are performed, be of the highest quality, and be free from all faults, defects or errors. The Consultant further warrants that all equipment and materials provided shall be new. If the Consultant is notified in writing of a fault, deficiency or error in the Services provided within one (1) year, unless a longer period is specified in the solicitation, from completion of the Services, the Consultant shall, at the City's option, either re-perform such portions of the Services to correct such fault, defect or error, at no additional cost to the City, or refund to the City, the charge paid by the City, which is attributable to such portions of the faulty, defective or erroneous Services, including the costs for re-performance of the work provided by other Consultants. 28. FORCE MAJEUREIINTERRUPTION. Neither party shall be liable for any failure to perform any of its obligations under this Agreement (except payment obligations) due to unforeseen circumstances or causes beyond the party's reasonable control, including without limitation, acts of God, riot, embargoes, acts of governmental authorities, fire, earthquake, flood, accident, strikes, or inability to secure transmission facilities ("Force Majeure"). 29. ENTIRE AGREEl\1ENT. This Agreement 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. Page 9 of II {'.. ~ CIOII-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier 30. Al\1ENDl\1ENT. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 31. CONFLICTING PROVISIONS. The terms and conditions of this Agreement shall prevail over any contrary or inconsistent terms in any other document, including but not limited to Attachment "A" which is attached hereto. 32. CONTINGENT ON APPROPRIATION OF FUNDS: The expenditure or advance of any money or the performance of any obligation of the City under this Agreement shall be contingent upon an appropriation for its specific purpose by the City Commission. In recognizing that the City can only receive budget approval for one (1) fiscal year at a time, non- appropriation shall be a legitimate reason to release the City from its performance/payments obligations upon thirty (30) days' written notice to Consultant. 33. MISCELLANEOUS. A. In the event any prOVIsIOn of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. 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. [Remainder of this page intentionally left blank] Page 10 of II ;.... ~' C I 0 11-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier IN WITNESS WHEREOF, the parties hereto have executed this Agreement III duplicate on the day and year first written above. ~ Signature CAL VIN, GIORDANO, AND ASSOCIATES, INC. G~rl~ Print Name C, 10 rJq, V\IC:) BY: Signature and Title ?~ft/~ (~ "' WITNE~ ~- ~ ig ature dO ~L T. /,;J ~ tvD ~ PnntName ATTEST: CITY OF SUNNY ISLES BEACH B~)vLl~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFI ENCY Page II of II {" I .~ CIOII-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier ~4..' '-:-',1 Calvin, Giordano g Associates, Inc. <:::::::t ~g rs' !J E X C E P T ION A l SOL UTI 0 N 5 ~ Building Code Services Code Enforcement Construction Engineering & Inspection Construction Services Contract Government Data Technologies & Development Emergency Management Services Engineering Governmental Services Indoor Air Quality Landscape Architecture & Environmental Services Municipal Engineering Planning Public Administration Redevelopment & Urban Design Surveying & Mapping Transportation Planning & Traffic Engineering Utility & Community Maintenance Services 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Phone: 954.921.7781 Fax: 954.921.8807 www.calvin-giordano.com August 30, 2011 Mr. Alan Cohen City Manager CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Re: Work Authorization No. 137 Total Project Management of the Newport Fishing Pier CGA Proposal No. 11-4239 Mr. Alan Cohen, Enclosed for your review and approval is Work Authorization No. 137 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. CALVIN, GIORDANO & ASSOCIATES, INC. Dennis J. Giordano President Fort Lauderdale Homestead Jacksonville Atlanta West Palm Beach Port St. Lucie Clearwater August 30, 2011 Page 2 of 11 CITY OF SUNNY ISLES BEACH PROJECT DESCRIPTION Total Project Management of the Newport Fishing Pier 1. SCOPE OF SERVICES Calvin, Giordano & Associates, Inc. shall perform the following services based on our understanding of the project requirements: I. PROFESSIONAL CONSTRUCTION SERVICES A. PRIME CONSULTANT PRIME CONSULT ANT's duties and responsibilities, including but not limited to: 1. General Coordination: The PRIME CONSUL T ANT shall retain and coordinate the professional sub consultants: SPECIAL INSPECTOR, GEOTECHNICAL, SURVEY and MATERIALS TESTING (SUB CONSUL T ANTS): . Special Inspector: Shall be responsible for all structural inspections required to provide structural Certification at the conclusion of the Project. This shall include precast and cast in place concrete including observations of precast plants operations and Building Department Special Inspector Affidavits required for reinforced masonry, roof trusses, windows & doors, steel connections and precast units as applicable. . Geotech: Shall undertake the responsibility of being the Engineer of Record for the Project. The duties shall include: verification of design criteria in the Pile Data Table, respond to RFI's, review Submittals and certify the foundation package for the Project. Pile driving monitoring and certification is included. Vibration monitoring during pile driving as specified in the plans is included. . Survey: Shall perform FDOT specified settlement monitoring and independent field confirmation of Contractor's work. . Materials Testing: Shall provide in-place density testing; concrete, grout and masonry testing and coordinate field and laboratory efforts and review all information and test results for purpose of quality assurance and compliance with drawings and specifications. . All work in compliance with Florida Building Code, the Building Department and the Plans & Specifications as applicable. 2. He shall coordinate and communicate daily or periodically with the other design sub consultants including: AlE, STRUCTURAL, MEP, CIVIL and other disciplines as necessary. He shall report on progress and concerns as it relates to the design, permitting and construction effort and activities. The August 30,2011 Page 3 of 11 PRIME CONSULTANT shall coordinate local permitting with DERM and W ASD and local service entities: FPL/TECO/CNMB/ AT&T and ABB. The scope of work of this contract does not include the redesign services of the drawings that may be required due to Owner initiated changes or any redesign services due to permit requirements. However, the PRIME CONSUL T ANT shall provide quality controls to ensure that any redesign by the engineer of record is properly completed and coordinated with existing approved drawings. In addition, the PC shall ensure that any redesign is submitted to all Agencies Having Jurisdiction (AHJ) for approvals. 3. Pre-Design and permitting Meetings: The PRIME CONSULTANT shall be expected to participate in Pre-Construction Meetings with the CITY, SUBCONSUL T ANTS and PROJECT MANAGER. 4. Design and permitting Progress Meetings: The PRIME CONSULTANT shall participate in project meetings with the CITY and PROJECT MANAGER. These meetings shall serve as forums to review the status of design and permitting progress, discuss construction issues, discuss schedule and/or cost concerns, discuss potential changes or conflicts, review the status of shop drawing submittals and contract document clarifications and interpretations, and to resolve problems before they become critical. PRIME CONSUL T ANT shall review meeting minutes provided by the PROJECT MANAGER and provide comments or objections to written statements within the specified timeframe. 5. Requests for Information/Contract Document Clarification (RFI's/CDC's): When RFI's and CDC's involve design issue interpretations; the PRIME CONSUL T ANT shall coordinate with the CITY as needed, and to resolve the PROJECT MANAGER's Requests for Information, Contract Document Clarifications, Field Orders, and other related correspondence. B. PROJECT MANAGER Project Manager's (PM's) duties and responsibilities, including but not limited to: 1. General Coordination: The PM shall communicate daily or periodically with the CITY, and the CONTRACTOR, as needed. He shall report on concerns as it relates to the construction effort and activities. In addition, the PM shall also coordinate with the CITY's Public Works Department where notifications such as utility outages, road closures, etc. may be required. The PM shall monitor and verify that the CONTRACTOR has made the required notifications to the utility owners, residents and businesses as may be required. August 30, 20 II Page 4 of 11 2. Pre-Construction Meetings: The PM shall be expected to chair and participate in Pre-Construction Meetings with the CITY, CONTRACTOR and SUBCONSUL T ANTS. 3. Weekly Construction Progress Meetings: The PM shall chair and participate in weekly construction project meetings with the CITY, CONTRACTOR and SUBCONSUL T ANTS. These meetings shall serve as forums to review the status of construction progress, discuss construction issues, discuss schedule and/or cost concerns, discuss potential changes' or conflicts, review the status of shop drawing submittals and contract document clarifications and interpretations, and to resolve problems before they become critical. PM shall review weekly meeting minutes and two week look ahead provided by the CONTRACTOR and provide comments or objections to written statements within the specified timeframe. The PM shall prepare reports that describe the construction activities, progress, incidents and issues that have occurred on the construction site and distribute to the attendees in advance of the construction progress meetings. 4. Field Observations: The PM shall conduct field observations on a periodic basis throughout the duration of construction. To supplement those services provided by the PM, CGA shall provide a Special Inspector Sub-Consultant for inspection and certification of structural elements. 5. Specialty & AlE CONSULT ANT Site Visits: The PM shall monitor the number of specialty site visits requested by the CONTRACTOR or CITY and conducted by the AlE CONSULT ANT and/or Special Inspector. When it becomes evident that a specialty site visit from the design Engineer of Record (EaR) shall be required, the PM shall notify the EaR to discuss and schedule a mutually acceptable time for meeting at the construction site. The PM shall obtain any fees, proposals, or expenses required by the EaR for the City's review and approval prior to any site visits that may be an added cost to the City. 6. Photographic Record: Provide a photographic record of the overall progress of construction, beginning with preconstruction documentation, following with on-going construction documentation, and ending with post-construction documentation. Photographs shall be digital snapshot type taken to define the progress of the project. 7. Adherence to Contract Documents: The PM shall review materials and workmanship of the project and report to the CITY any deviations from the Contract Documents that may come to the PM's attention. PM shall provide recommendations to the City of required actions, in accordance with the Contract Documents, for the City's consideration. 8. Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite, the PM shall check the material's certifications and August 30,2011 Page 5 of 11 samples and verify that an approved shop drawing was submitted for the material in question. If it is determined that a submittal has not been approved, the PM shall immediately notify the CITY. 9. Shop Drawing Submittals: The PM shall review shop drawing and product approvals throughout the duration of the construction period for familiarity prior to delivery of materials. PM shall verify that CONTRACTOR is maintaining a submittal log and conducting timely Submittals. The PM shall receive and distribute all Contractor RFI requests, Shop Drawing requests for approvals, and submittal requests for approvals. 10. Issuance of Non-compliance Notices: The PM shall be responsible for notifying the CITY when he becomes aware of a condition that is believed to be in noncompliance with Contract Documents. Anytime the PM notices a potential construction problem or a condition that could result in non- complying materials, equipment or workmanship the PM shall need to determine whether the condition poses an immediate threat to public health or safety. 11. Damage to Existing Facilities: The PM shall identify any existing facilities damaged by the CONTRACTOR and verify that the CONTRACTOR has notified the respective owner(s). Include record of such occurrences with photos in the reports. 12. Change Orders: PM shall perform an independent review of any Change Orders submitted by the CONTRACTOR and provide a written statement noting recommendation for approval or denial of the Change Order to the CITY. If recommended for approval, the PM shall note if the requested cost and schedule impacts are fair and reasonable. The PM shall also participate in change request review meetings with the CITY and CONTRACTOR to resolve and/or negotiate the equitable resolution of request. 13. Requests for Information/Contract Document Clarification (RFl's/CDC's): When RFI's and CDC's involve design issue interpretations, the PM shall coordinate with the CITY as needed, to resolve the CONTRACTOR's Requests for Information, Contract Document Clarifications, Field Orders, and other related correspondence. The PM shall be also be responsible for verifying that the NE CONSULTANT is providing a written response to RFI's and CDC's in a timely matter and that they are processing, logging, and distributing all RFI's/CDC's. 14. Schedule: PM shall review and familiarize himself with the construction schedule, monitor the progress of construction, and ensure the CONTRACTOR's adherence to the schedule. The CONTRACTOR shall be required to submit a detailed construction schedule to the PM at the preconstruction meeting and when required for submission in accordance with the Contract Documents. This schedule shall be reviewed and approved August 30, 2011 Page 6 of 11 by the PM and the CITY. This schedule shall be updated by the CONTRACTOR; however, the PM shall be responsible for reviewing the contactor's schedule to confirm accuracy of the work activities completed. Analysis of the CONTRACTOR schedule shall be on the basis of planned versus actual costs for the month and contract to date. 15. Pay Requisitions: PM shall verify CONTRACTOR's pay requisition quantities. PM shall be responsible for reviewing with the CONTRACTOR the monthly payment requisition to confirm the status of completed and uncompleted work and stored materials. The PM shall advise the CITY of quantities being approved for subsequent concurrence for payment purposes. Payment Requisitions shall only be approved by the CITY with an acknowledgement of adequacy from the PM. 16. Equipment Tests and Systems Start-up: PM shall be responsible for coordinating various tests for quality control on the projects and verify that equipment tests and systems start-up are conducted in the presence of appropriate personnel, and that the CONTRACTOR maintains adequate records thereof; and observe, record, and report appropriate details relative to the test procedures and start-up. 17. Record Drawings: PM shall monitor that record drawing mark-ups are properly maintained by the CONTRACTOR. At a minimum, the PM shall review the record drawing mark-ups periodically. The CONTRACTOR's failure to maintain the record drawings in up-to-date condition may be deemed grounds for withholding CONTRACTOR's monthly payment requisitions until such time as the record drawings are brought up-to-date. The PM shall notify the CITY if he considers the mark-up documents insufficient. The CITY shall make final determination of payment withholding. 18. Safety: PMs shall be expected to recognize a hazard that any reasonable non- safety professional might be expected to recognize. In addition, those safety obligations extend only to recognizable hazards that the PM may note while in the normal conduct of onsite business. 19. Quality Control: The PM shall review and monitor the CONTRACTOR's adherence to an acceptable quality control program. Quality control during construction shall be the responsibility of the CONTRACTOR; however, oversight and ensuring the CONTRACTOR complies with applicable jurisdictional construction standards shall be enforced on the CITY's behalf by the PM. 20. Proceeding with Disputed Work: In the event that an agreement cannot be reached on a Change Order, the CONTRACTOR is expected to carryon the work and adhere to the project schedule in accordance with the contract general conditions. The PM shall log all forced work efforts related to August 30, 2011 Page 7 of 11 disputed change order on a Forced Work Daily Log Reports which shall be signed and dated by the PM and the CONTRACTOR's representative at the completion of each workday. The PM shall forward copies of this form to the CITY for record purposes. 21. Maintenance of Traffic (MOT): The CONTRACTOR shall provide the PM and CITY with approved copies of its MOT at the Pre-Construction meeting and prior to the performance of any work for general information purposes. 22. Contractor Request for Services: When the CONTRACTOR requires services from the CITY for issues such as water main shutdowns, tie-ins to existing water mains, special regulatory inspections, etc., a request shall be made in writing by the CONTRACTOR, and forwarded by the PM to the CITY, a minimum of three working days prior to when required. 23. Substantial Completion/Punch List: When the CONTRACTOR considers that the Work has reached Substantial Completion, the CONTRACTOR shall notify the PM who shall verify that the work has progressed to the substantial completion point in accordance the Contract Documents. If the PM is in agreement, the PM shall contact the CITY to agree on a schedule for conducting a substantial completion "walk-through" inspection of the Work. PM shall attend and participate in the substantial completion "walk-through", perform a substantial completion inspection with the CONTRACTOR, AlE CONSULTANT and the CITY, and prepare a punch list that describes items remaining to be completed. 24. Final Completion and Project Closeout: When the CONTRACTOR considers that the Work has reached Final Completion, the CONTRACTOR shall notify the PM who shall verify that the work has progressed to the Final Completion point in accordance the Contract Documents. If the PM is in agreement, the PM shall contact the CITY to agree on a schedule for conducting a Final Completion "walk-through" inspection of the Work. PM shall attend and participate in the Final Completion "walk-through" and perform a Final Completion inspection with the CONTRACTOR, AlE CONSULTANT and the CITY. If the work is determined to be incomplete, PM and other attendees shall each develop a punch list of items requiring completion or correction prior to consideration of final acceptance of each project which shall be forwarded to the CONTRACTOR by the PM for each project. The PM shall work with the AlE CONSULTANT and the CONTRACTOR to ascertain materials required for the closeout binder, as required by the CITY, and review the Operation and Maintenance manuals for each project for completeness prior to forwarding documentation to the CITY. August 30, 2011 Page 8 of 11 C. CONSTRUCTION INSPECTION CPR (Capital Project Representative's) duties and responsibilities, including but not limited to: 1. General Coordination: The CPR, Capital Project Representative, shall communicate daily or periodically with the CITY, the CITY's PROJECT MANAGER and CONTRACTOR, as needed. He shall report on concerns as it relates to the construction effort and activities. In addition, the CPR shall also coordinate with the CITY's Public Works Department where notifications such as utility outages, road closures, etc. may be required. The CPR shall monitor and verify that the CONTRACTOR has made the required notifications to the utility owners, residents and businesses as may be required. 2. Weekly Construction Progress Meeting: The CPR shall be expected to attend and participate in Pre-Construction Meetings with the CITY, PROJECT MANAGER and CONTRACTOR. The CPR shall attend and participate in weekly construction project meetings with the CITY, PROJECT MANAGER and CONTRACTOR. These meetings shall serve as forums to review the status of construction progress, discuss construction issues, discuss schedule and/or cost concerns, discuss potential changes or conflicts, review the status of shop drawing submittals and contract document clarifications and interpretations, and to resolve problems before they become critical. CPR shall review weekly meeting minutes distributed by PROJECT MANAGER and two week look ahead provided by the CONTRACTOR and provide comments or objections to written statements within the specified timeframe. 3. Field Observations: The CPR shall conduct field observations on a part- time basis not to exceed 560 hours throughout the duration of construction. To supplement those services provided by the CPR, CGA shall provide a Special Inspector sub-Consultant for inspection and certification of structural elements, materials testing services and reports, pile monitoring, geotechnical services and surveying. The CPR shall be present at the construction site during the construction phase of the project. The CPR shall review and monitor the CONTRACTOR's adherence to an acceptable quality control program. Quality control during construction shall be the responsibility of the CONTRACTOR; however, oversight and ensuring the CONTRACTOR complies with applicable jurisdictional construction standards shall be monitored on the CITY's behalfby the CPR. 4. Shop Drawing Submittals: The CPR shall review shop drawing and product approvals throughout the duration of the construction period for familiarity prior to delivery of materials. CPR shall work with the PROJECT MANAGER to verify that CONTRACTOR is maintaining a submittal log and conducting timely Submittals. August 30, 2011 Page 9 of 11 5. Requests for Information/Contract Document Clarification (RFl's/CDC's): When RFI's and CDC's involve design issue interpretations, the CPR shall coordinate with the PROJECT MANAGER as needed, to resolve the CONTRACTOR's Requests for Information, Contract Document Clarifications, Field Orders, and other related correspondence. 6. Substantial Completion/Punch List: When the CONTRACTOR considers that the Work has reached Substantial Completion, the CONTRACTOR shall notify the CPR who shall verify that the work has progressed to the substantial completion point in accordance the Contract Documents. If the CPR is in agreement, the CPR shall contact the PROJECT MANAGER to agree on a schedule for conducting a substantial completion "walk-through" inspection of the Work. CPR shall attend and participate in the substantial completion "walk-through", perform a substantial completion inspection with the CONTRACTOR, AlE CONSULTANT and the CITY, and prepare a punch list that describes items remaining to be completed. 7. Final Completion and Project Closeout: When the CONTRACTOR considers that the Work has reached Final Completion, the CONTRACTOR shall notify the CPR who shall verify that the work has progressed to the Final Completion point in accordance the Contract Documents. If the CPR is in agreement, the CPR shall contact the PROJECT MANAGER to agree on a schedule for conducting a Final Completion "walk-through" inspection of the Work. CPR shall attend and participate in the Final Completion "walk- through" and perform a Final Completion inspection with the CONTRACTOR, AlE CONSULTANT and the CITY. If the work is determined to be incomplete, CPR and other attendees shall each develop a punch list of items requiring completion or correction prior to consideration of final acceptance of each project which shall be forwarded to the CONTRACTOR by the CPR for each project. The CPR shall work with the AlE CONSULTANT and the CONTRACTOR to ascertain materials required for the closeout binder, as required by the CITY, and review the Operation and Maintenance manuals for each project for completeness prior to forwarding documentation to the CITY. 8. Compliance: Upon final completion, project closeout and acceptance, the CPR shall provide a letter of compliance (Exhibit "A") to the City of Sunny Isles Beach. 2. BASIS OF COMPENSATION Lump sum fee of $415,655.00 plus reimbursables of $18,877.50 with a total not to exceed amount of $434,532.50. Payments to be made monthly. This proposal is based on Prime Consulting services and Project Management Services to address pre-construction permitting and coordination and post-construction project closeout services and CPR for an estimated construction duration based on the durations specified in the Project Schedule dated November 3,2010 (attached) provided by the Contractor. The Subconsultants fees are based on the tasks August 30, 2011 Page 10 of 11 and durations presented on the Project Schedule dated November 3, 2010 (attached) provided by the Contractor. If the construction duration runs beyond the durations shown in the Construction Schedule, CGA may seek restitution via the potential liquidated damages collected from the Contractor for exceeding their Contractual Schedule. Re-inspections required due to failed inspections and/or faulty materials will be back-charged and held from the Contractors next payment application. CGA shall be required to provide written notification in a timely fashion when delays in the Project or changes in the Project cause the scope and/or cost of this Agreement to change. The Contractor must provide marine transportation from the shore to the water based construction staging area. The Contractor shall also provide Code compliant & OSHA compliant personnel hoisting and access to structure elements as necessary for Special Inspector, Materials Testing and CPR field observations. 3. SUBMITTED / U----- CALVrN, GIORDANO & ASSOCIATES, INe. Submitted by: Date: r~ 4. APPROVAL Approved by: Date: Alan Cohen, City Manager August 30, 2011 Page 11 of 11 CITY OF SUNNY ISLES BEACH WORK AUTHORIZATION ESTIMATE DATE June 8, 2011 WORK AUTHORIZATION NO. PROJECT NAME DESCRIPTION ESTIMATED DESIGN TIME ESTIMATED CONSTRUCTION TIME ESTIMATED CONSTRUCTION COST TITLE CGA Project Management & Prime Consultant CGA Construction Inspection SUB-CONSULTANTS Special Inspector/Geotech Consultant Materials Testing Services Settlement Monitoring/Survey Contingency 137 Total Project Management of the Newport Fishing Pier Complete Project Management of Contractor and Required Sub Consultants o o $0.00 I RATE HOURS COST $218,600.00 $63,485.00 $282,085.00 COST $85,714.00 $11,428.00 $11,428.00 $25,000.00 LABOR SUBTOTAL RE~BURSABLESUBTOTAL TOTAL Reviewed by: $133,570.00 $415,655.00 $18,877.50 $434,532.50 Alan Cohen, City Manager Exhibit "A" LETTER OF COMPLIANCE Date: Alan Cohen City Manager City of Sunny Isles Beach 18070 Collins Ave , Sunny Isles Beach, FL 33160 Subject: Letter of Compliance for Project # Project Name: Newport Fishing Pier Demolition and Re-Construction Address: Pier Park, Sunny Isles Beach, FL Contractor: Shoreline Foundation, Inc. This letter is to state that based on the certified reports provided to the City of Sunny Isles Beach and Calvin, Giordano and Associates (CGA) from the Special Inspector (Firm Name), Pile Inspector (Firm Name), Geotechnical Engineering (Firm Name) and Materials Testing Laboratory (Firm Name) and observations made by the periodic inspections performed by CGA, the Newport Fishing Pier Project was completed in conformance with the permit, plans and specifications. The certified reports which were utilized by CGA to complete this letter of compliance are attached. The demolition work on this project began on XXXXX and ended on XXXXXX. The Re-Construction portion of the project began on XXXXX and ended on XXXX. If you should have any further questions, please do not hesitate to contact me. Sincerely, Gary Craig CEI Inspector