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HomeMy WebLinkAboutReso 2017-2704 RESOLUTION NO. 2017 - 21°4- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES, INC. FOR PROFESSIONAL PLANNING AND ZONING CONSULTING SERVICES, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued and advertised RFQ No. 16-12-01 for Professional Planning and Zoning Consulting Services, including Civil and Traffic Engineering and received two (2) bids, and Calvin, Giordano, and Associates, Inc. represented to the City that it possesses the requisite qualifications, expertise and licenses to perform all necessary work in connection with these Services; and WHEREAS, on January 19th, 2017 via Resolution No. 2017-2654 the City Commission awarded RFQ No. 16-12-01 to, and authorize the City Manager to negotiate and enter into an Agreement with Calvin, Giordano, and Associates, Inc. for Professional Planning and Zoning Consulting Services, providing that the agreement was first approved as to form and legal sufficiency by the City Attorney. WHEREAS, the City Manager has determined that additional consulting services are needed, necessitating the need to increase the spending authority with Calvin, Giordano, and Associates; and WHEREAS, the City Commission wishes to approve a First Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., increasing the spending authority in an amount not to exceed One Hundred Fifty Thousand Dollars $150,000.00. 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. Section 2. Approval of First Amendment. The City Commission hereby approves the First Amendment to the Agreement with Calvin, Giordano, and Associates, Inc. for Professional Planning and Zoning Consulting Services, increasing the spending authority in an amount not to exceed One Hundred Fifty Thousand Dollars $150,000.00, attached hereto as Exhibit "A", bringing the total contract amount not to exceed Two Hundred Ten Thousand Dollars ($210,000.00). R2017-First Amend to CGA Planning and Zoning Consult Agmt Page 1 of 2 I Section 3. Authorization of Mayor. The Mayor is authorized to execute said First Amendment. 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 15th day a une 017. George H. choll, Mayor 1 AT 1,t : N LI j' Jew`1'i, - Mauricio Betancur, CMC, Acting City Clerk APPROV. C • S TO FORM AND • SUFFICIENCY: /!r Ali Hani •t, cf ty Attorney Moved by: \i)a Mkd0vc o1.bN Seconded by: ON/1141)S510,4E(2_ Ct 1ITTO Vote: Mayor Scholl v' (Yes) (No) Vice Mayor Goldman V (Yes) (No) Commissioner Aelion-4Ji (Yes) (No) Commissioner Gatto V (Yes) (No) Commissioner Svechin - (Yes) (No) R2017-First Amend to CGA Planning and Zoning Consult Agmt Page 2 of 2 f y J�Y`S`F1 FIRST AMENDMENT TO THE AGREEMENT BETWEEN -7.7y r THE CITY OF SUNNY ISLES BEACH AND CALVIN,GIORDANO&ASSOCIATES,INC. its CONTRACT NO.C0312-1617-057 This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH and CALV , GIORDANO & ASSOCIATES, INC, ("Consultant") executed this day of vtJ , 2017, is made a part of the original Agreement between the parties dated February 2, 2017, Contract No. C0312-1617-026 ("the Agreement"), between the City and Consultant attached hereto as Attachment"A"whose Federal Identification At is 65-0013869. The City and Consultant hereby agree as follows: 1. CONTINGENT SPENDING AUTHORITY. The City wishes to amend Section 4 of the Agreement("Compensation")to_increase contingent spending authority under the Agreement in an amount not to exceed One Hundred and Fifty Thousand Dollars ($150,000.00) for general services, including compiling data and filing the National Pollutant Discharge Elimination System(NPDES)Annual Report, quarterly pier cleanup,GIS tree planting;planning and zoning professional services,zoning deposits,public works and engineering plan reviews, and upcoming miscellaneous capital projects, bringing the total contract amount not to exceed Two Hundred and Ten Thousand Dollars($210,000.00). • This contingency amount for this First Amendment is to be used for the period ending March 31, 2018. Any use of contingency funds is subject to pre-approval by the City Manager or his designee. 2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties dated February 2,2017,shall remain in full force and effect. 3. CONFLICTING PROVISIONS. The terms,statements,requirements,and provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment"A". IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. W , SS: CALVIN,GIORDANO& ASSOCIATES, INC _ .Signature \` BY: ( Denn J.Giordano,President Prinf�lame ATTEST: tab CITY OF SUNNY BEACH , 111V • , , Watil!F/ ( • ,BY: , BY: ( "'Mauricio Betan ur, Ci 'C George. Scholl Mayor •Acting City Clerk 4J APPROVED AS TO FORM AND LEGAL S CIE1 CY BY:(//, fOttinot, City Attorney , L.) • �``VNN 'SAF tlf,t212 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND CALVIN, GIORDANO & ASSOCIATES, INC. CONTRACT NO. C0312-1617-026 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this VI° day of f a-.1 -a.� , 2017, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinaft r referred to as "City"), and CALVIN, GIORDANO AND ASSOCIATES, INC., a corporation authorized to do business in the State of Florida(hereinafter referred to as."Consultant") whose Federal 1.D. # is 65-0013869. • RECITALS WHEREAS, the City is in need of a consultant to provide professional planning and zoning consulting services, including civil and traffic engineering on an as needed basis ("Services"); and • WHEREAS, the Consultant represents to the City that it possesses the requisite qualifications, expertise and licenses to perform all necessary work in connection with Services; and WHEREAS, Consultant has expressed the ability and desire to provide these Services,as • more particularly described in RFQ No. 16-12-01 which is attached hereto as Attachment "B" and incorporated herein by reference, subject to the terms and conditions contained herein; and WHEREAS, the City desires to enter into an Agreement with Consultant to provide the Services in a total amount not to exceed Sixty Thousand Dollars($60,000.00). NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, 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. SERVICES. Consultant shall provide Services as more particularly described in RFQ No. 16-12-01, which is attached hereto and made a part hereof as Attachment"B". 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth.in Section 8 hereunder, this Agreement shall begin on February 1,2017 and shall terminate no later than one (1) year thereafter. The parties shall have the option to extend this Agreement for four(4)additional one(1)year renewal terms, based upon the City's exercise of these renewal periods. 4. COMPENSATION. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount not to exceed Sixty Thousand Dollars ($60,000.00) 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: • C0312-1617-026—Calvin,Giordano R Associates,Inc. 3B ATTACHMENT "A" City of Sunny Isles Beach 18070 Collins Avenue; Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax a. Disbursements. There are reimbursable expenses associated with this contract in an amount not to exceed Eight Hundred Dollars ($800.00), which is included in the not to exceed Compensation amount of Sixty Thousand Dollars ($60,000.00). However, no additional reimbursable expenses are authorized without the express written approval in advance from the City Manager or his designee. 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. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 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 finaUlast 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. 5. 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 2 C0312-1617-026—Calvin.Giordano&Associates.Inc. S B • City of Sunny Isles Beach 18070 Collins Avenue; Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 6. 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. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. 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 coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents or employees, as indicated below: O Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars($1,000,000)per occurrence and Two Million Dollars aggregate during the initial and any renewal term of this Agreement. ❑ Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. ❑ Umbrella insurance shall be required to purchase, maintain, and keep in full force, effect, and in good standing above the primary liability policies required herein. The limit shall not be less than One Million Dollars ($1,000,000.00) per occurrence and annual aggregate per occurrence during the initial and any renewal term of this Agreement. ❑ Professional Liability Insurance including Errors and Omissions with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. 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 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. The City reserves the right from time to S 1 B C0312-1617-026—Calvin.Giordano& Associates.Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. Consultant shall also require and ensure that each of its sub-Consultants providing services hereunder.(if any)procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to • terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the Agreement and grant Consultant tell (10) days to cure such default. If the default remains uncured after ten (10)days the City may terminate this Agreement, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. If Consultant fails,refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant shall be delivered to the City and the City shall compensate the Consultant for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) 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 payment to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i) and A(ii) above 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. • 9. BACKGROUND CHECKS. A criminal background check will be required for any employee of the Consultant performing Services under this Agreement. The Consultant shall be required to perform the.criminal background check at their owii sole cost and expense through the City. The Consultant shall ensure that only their properly designated employees listed with 4 SIB C0312-1617-026—Calvin,Giordano&Associates,Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the City Manager be permitted to perform Services. In the event the designated employees are removed by the Consultant, the Consultant shall immediately notify the City Manager or his designee. Additionally, identification cards will be provided by the City at the Consultant's sole cost and expense. Consultant shall ensure that all designated employees wear the City's provided identification cards while performing Services. 10. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. 11. 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 from violating such provisions. 12. 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: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue, 4th Floor City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins Avenue, 4'1i Floor • Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Shelley Eichner Consultant: Principal In-Charge Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Tel: (954) 921-7781 SEichner@cgasolutions.com 5 SIB CO3 12-1617-026—Calvin,Giordano&Assoc fates,Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 13. PUBLIC RECORDS. The Consultant shall be required to comply with the following requirements under Florida's Public.Records Law: (i.) Consultant shall keep and maintain public records required by the City to perform the"service. (ii.) Upon request from the City, Consultant shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii.) Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the City. (iv.) Consultant shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract,the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Consultant to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 14. 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. 15. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended,Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, 6 C0312-1617-026—Calvin,Giordano&Associates,Inc. " I B City of Satiny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax transfer, recruitment or recruitment advertising, layoff, termination,rates of pay or other forms of compensation,and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 16. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if . fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, directly 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. The Consultant guarantees that he/she has not offered or given to any member of,delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 17. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against all claims,damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings)relating to,arising out of or resulting from the Consultant's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment,or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts,errors, mistakes or omissions the Consultant may be legally liable. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. 18. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement("Applicable Laws")and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 19. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede any other conflicting provisions that are contained in any other document, including but not limited to Attachments "A" and "B". If there is a conflict or inconsistency between any term, statement,requirement,or provision of any exhibit attached hereto,including but not limited SIB . C0312-1617-026—Calvin;Giordano&Associates:Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax to Attachments "A" and "B", or any other document or events referred to herein, or otherwise incorporated by reference, the tern, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority 20. 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. 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 understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. 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 page intentionally left blank] • • 8 SIB C0312-1617-026—Calvin;Giordano&Associates, Inc. Ciry of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 • (305) 947-0606 phone(305)949=3113 Fax • IN WITNESS WHEREOF,the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: CALVIN, GIORDANO& ASSOCIATES, INC. /al s Signature BY: • = .-_ , ,rincipal In-Charge envois c, ow,dk Print Name 1J-. r%' MATTES t CIT Y O^ ISLES BEACH . , , �. . - ' �i BY: � •��,� - BY: R i q� f1: .Jane A.Hines, 1 C, City Clerk Geory H. Scholl,Mayor OLN APPROVED A T P FORM AND L°+go FAA: CIENCY ifA BY 7E4fIm '. s Otti'91, ity Attorney • • • 9 C0312-1617-026-Calvin,Giordano&Associates,Inc. 3 2 Calvin, Giordano 8 Associates, Inc. EXCEPTIONAL SOLUTIONS'" \_. PROFESSIONAL FEE SCHEDULE Principal 215.00 LANDSCAPE ARCHITECT Contract Administrator 190.00 Associate,Landscape Architect 165.00 Project Administrator 165.00 Senior Landscape Architect 135.00 Executive Assistant/Clerical 75.00 Environmental Administrator 125,00 - Landscape Architect 120.00 ENGINEERING Environmental Specialist 105.00 . Associate,Engineering(VI) 190.00 Landscape CADD Technician 95.00 Director,Engineering(V) 175.00 Environmental Assistant 90.00 Project Manager(IV) 150.00 Landscape Inspector/Arborist 105.00. Project Engineer(III) 130.00 Landscape Designer 120.00 Engineer(II) 110.00 Landscape Site Plan Reviewer 135.00 Building Code Services Jr.Engineer(I) 100.00 Coastal Engineering Senior CADD Tech Manager 115.00 INDOOR AIR QUALITYSERVICES Code Enforcement CADD Technician 95.00 Sr.Environmental Scientist 125.00 • Construction Permit Administrator 90.00 Environmental Scientist 100.00 and Inspection DATA TECH DEVELOPMENT CONSTRUCTION Construction Services Associate,Data Tech Dev. 165.00 Associate,Construction 165.00 Contract Government GIS Coordinator 145.00 Construction Management Director 135.00 Data Technologies GIS Specialist 125.00 Construction Manager 125.00 and Development Multi-Media 3D Developer 115.00 Senior Inspector 100.00 Emergency Management GIS Technician 100.00 Inspector 90.00 Services Sr.Applications Developer 165.00 Construction Coordinator 90.00 Engineering Applications Developer 135.00 Environmental Services Network Administrator 155.00 EMERGENCY MANAGEMENT System Support Specialist 115.00 Director 145.00 Facilities Management IT Support Specialist 85.00 Planner 105.00 Indoor Air Quality Assistant Planner 90.00 Landscape Archilecture GOVERNMENTAL SERVICES Municipal Engineering Associate,VP 190.00 PLANNING Director of Code Enforcement 145.00 Associate,Planning 175.00 Planning Director of Building Code 145.00 Director of Planning 150.00 Public Administration Project Manager 145.00 Planning Administrator 150.00 Redevelopment Grants Administrator 125.00 Planning Manager 145.00 and Urban Design Code Enforcement Field Supervisor 110.00 Senior Planner 125.00 Surveying and Mapping Code Enforcement Field Inspector 90.00 Assistant Planner 90.00 Traffic Engineering Building Official 115.00 Building Plans Reviewer 90.00 EXPERT WITNESS Transportation Planning Building Inspector 90.00 Principal/Associate 330.00 Permit Processor 75.00 Registered Engineer/Surveyor 280.00 GSA Contract Holder .Project Engineer 230.00 • SURVEYING Associate,Surveying 165.00 Senior Registered Surveyor 145.00 Survey Crew 135.00 In addition to the hourly rates listed Registered Surveyor 130.00 Survey Coordinator 105.00 above,charges will Include direct 1600 Eller Drive CADD Technician 95.00 out-of-pocket expenses such as Suite 600 3D Laser Scanner 355.00 reproduction,overnight mail,and Fort Lauderdale,FL Hydrographic Survey Crew 330.00 . other reimbursobles billed at a 33316 G.P.S.Survey Crew 155.00 multiplier of 1.25. 954.921.7781 phone Sub-meter G.P.S 75.00 954.921.8807 fax Soft Dig(per hole) 480.00 Utility Locates(per hour) 205.00 Effective October 1,2014 vnvw.cgasoluttans.com FORT LAUDERDALE WEST PALM BEACH PORT ST.LUCIE HOMESTEAD TAMPA!CLEARWATER JACKSOIMLLE ATLANTA ; `,9 • ATTACHMENT "A" y I' CITY OF SUNNY ISLES BEACH 1807..0 Collins Avenue . Sunny Isles Beach,Florida 33160 1 SoKNYrstf, 305.947 0606 i Ao`�1�r °��. vnrv.sibfi.nel !.."z 4414'j 41?y 't P .'St, '.FIOA,0 ' Request for Qualifications Professional Services S01.1NY /S4 • til .�� - .T-� : }..`:'1:.(t"t�,,, tit . ' _ __ ti 9 * = p so y<4,P 0/ 1- OF sUN P\4O Professional Planning and Zoning Consulting Services, including Civil and Traffic Engineering for the City of Sunny Isles Beach Request for Qualifications No, 16-12-01 Advertisement Date: Monday,December 12, 2016 All Questions Due: Tuesday,December 20,2016 by 5:00 PM Submission due date: Tuesday,January 3, 2017 at 2:30 PM • Attn:City Clerk Submit to: Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach,Florida 33160 City of Sunny Isles Beach I Request for Qualifications No. 16-12-01 1 ATTACHMENT "B" S CITY OF SUNNY ISI:FS BEACH ` 18070 Collins Avenue Sunny Isles-Beach,Florida 331"60 I y0,4to/st • �f\ 305.947.0606 0 �°y\ • www.sibil.ne1I. f" z'yv• ly •FLOp1Q �P • C,4 OF SO°I. Section 3 Scope of Services /Technical Specifications 3.1 SCOPE OF SERVICES • The City of Sunny Isles Beach, Florida, C'the City") a municipality located in Miami-Dade County, Florida seeks to solicit Request for Qualifications ("RFQ") for professional consultant services on an as needed basis from experienced firms to provide professional planning and zoning services,including civil and traffic • • engineering, plan review, site plan review, including planning, evaluation and appraisal reports, land development regulations (LDR's), grant writing, assisting staff with the coordinated legal, landscape architecture and engineering designs and reviews for a multitude of public and private projects ranging from commercial, to high rises structures, and other design-related reviews. Successful respondents shall comply with all local,state,and federal directives, ordinances, rules, orders,and laws as applicable to this RFQ and subsequent contracting. The City, on an as needed basis, will periodically issue specific projects and assignments to the retained Consultant.The selected firm shall demonstrate specific experience and capabilities and must have personnel qualified through education and experience in the specified disciplines. This Request for Qualifications ("RFQ") shall serve to provide interested parties with general information as to the procedures for selection of firms providing planning and zoning services,including civil and traffic engineering for the City of Sunny Isles Beach. The Respondent shall perform functions including,but not limited to the following: Site master planning,analysis and design • Urban design plans/concept diagrams e Open space planning, analysis and design o Community planning, analysis and design e Natural resource planning, analysis and design • Design guidelines • Streetscape planning, analysis and design • Feasibility analysis • Peer reyiew analysis • Renderings/Modeling • Assist in preparation of construction documents and specifications City of Sunny Isles Beach I Request for Qualifications No.16-12-01 13 fah F.-) • CITY OF SUNNY ISLES BEACH 18070 Collins Avenue , Sunny Isles Beach,Florida 33160 .• .eurrs�Ff� 305.947.0606 ° V� www.sibfl.net C-14 OF Slits • Park Design • Median Design • Cost estimates for above work • Attend meetings with City staff and presentations to City Commission • Provide plans developed on AutoCAD's latest version, and copies of a reproducible hard copy and diskette of plans in the requested format shall be provided to the City. Civil /Environmental Engineering Activities shall include but not limited to: • Roadway Design Review: Detailed engineering review for the design of construction roadways within State, County or Local rights-of-way and similar facilities.These services may include any aspect of the i following: • Project programming, preparation and evaluation of conceptual designs • Development of schedules for design and construction • Structural inspections, and recommendations. • Preparation of estimated quantities and costs • Construction support services Evaluation and Design • Reports and Analysis for compliance reports to USEPA, FDEP, Miami Dade, DERM • Environmental assessments and testing •Grant Assistant and writing • Project Management V • Evaluation of bids as compared to project budget • Respond to RFIs •Attend meetings with City staff and presentations to City Council • Provide plans developed on AutoCAD's latest version, and copies of a reproducible hard copy and diskette of plans in the requested format shall be provided to the City. City of Sunny Isles Beach I Request for Qualifications No.16-12-01 14 CITY OF SUNNY ISLES BEACH 18070 Collins Avenue", ' Sunny Isles Beach,Florida 33160 5wstEJ 305.947.0606, • wwwsibfl.npl ,, F ''L•'D'''iso�p h4e v C/ OF SUt'h� • Planning&Urban Design The work is defined as town planning and urban design of neighborhoods for the City of Sunny Isles Beach Emphasis on new urbanism principles and the public process. Services include the design of master plans, housing prototypes and regulations that emphasize human scale, historic context, public open spaces and the pedestrian realm for neighborhoods In the City of Sunny Isles Beach and also have the capabilities to perform grant writing for FEMA, Miami-Dade County and the State of Florida. In addition, In compliance with Florida Department of Economic Opportunity(DEO)Florida Statutes regulations. All survey work prepared for the City or through the City's Consultants shall comply with the Minimum Technical Standards for Land Surveys in the State of Florida for work In commercial/high risk areas and any applicable state laws, regulations or other requirements. The consultant in charge of the project shall be certified by the American Institute of Certified Planners(AICP) and have a minimum of five(5)years' experience in urban planning. Activities may include but shall not be limited to: • Feasibility studies • Planning studies for operational facilities • Registered Field Surveys- Design survey services relating to meets and bounds,topography, elevation certificates, GPS data collection and related work. a Inspections and evaluations • Collection of data • Engineering and economic feasibility reports and studies c Cost estimates and economic analysis •Attend meetings with City staff and presentations to City Council • Community Outreach and Visioning •Community Redevelopment Planning •Corridor Planning •GIS Mapping and 3-D Animation •Comprehensive Plans and Evaluation and Appraisal Reports • Zoning and Land Development Regulations with an emphasis on Form Based Codes • City of Sunny Isles Beach I Request for Qualifications No.16-12-01 15 CITY CO SUNNY ISLES BEACH 18010 Collins Avenue • Sunny Isles Beach,f lorida 33160 tiuK��iF\ 305.947.0606 o y` www.sibfl.net � - - =n o /As n ' . s.; �YF '/I" SOP 9'•t i0a' S4, 0 ("n}or sun• • Master Planning • Architectural&Urban Designing •Transportation Planning •Parking Studies •Site Plan Review Traffic Engineering &Transportation Consulting • CIVILITRAFFIC&TRANSPORTATION ENGINEERS-Services shall include,but shall not be limited to:traffic study, design, master planning and construction services relating to roadway, drainage,street calming and streetscape projects. •Consulting services, including reports, and peer reviews traffic studies,coordination with community organizations, construction plans&specs, estimating and project management • Bicycle and pedestrian paths design and Integrated mobility options •Expertise and experience in traffic engineering consulting, transportation planning,street and highway design,traffic calming design, transit planning,traffic studies, general engineering,coordination with Miami Dade Transit(MDT), State of Florida Department of Transportation(FDOT), Metropolitan Planning Organization (MPO),the County, and planning capabilities. •Attend meetings with City staff and presentations to City Council • Provide plans developed on AutoCAD's latest version,and copies of a reproducible hard copy and diskette of plans in the requested format shall be provided to the City • Transportation Planning and Traffic Engineering • Parking Studies • •Roadway Design: Detailed engineering for the construction of roadways within State, County or Local rights-of-way and similar facilities. These services may include any aspect of the following: •Project programming and preparation of conceptual designs City of Sunny Isles Beach 'Request for Qualifications No. 16-12-01 16 a c.3t CITY OF SUNNY ISLES BEACH • 18070 Collins Avenue , Sunny Isles Beath,FloridaFlorida33160 y,gurrrs tF,, • 305.447.0606 °4 • www.sibfl.net .'_ • C1"orsal 3.2 .REQUIREMENTS OF THE CONSULTANTS Consultants interested in performing these services must exhibit considerable relevant experience with this type of work,and should emphasize both experience and capability of particular personnel who will actually perform the work. Consultants should indicate any sub-consultants proposed to be utilized in work for the City. The selected firm(s) will be responsible for reviewing existing Miami -Dade County, City of Sunny Isles Beach Codes, Resolutions and Ordinances and State of Florida Building Codes and for incorporating data into complete construction documents including final construction plans(working drawings), technical specifications, construction estimates, and related bid documents necessary for the bidding and construction of the projects. The selected firm(s)will be responsible for obtaining all Federal, State and local permits and/or approvals from Miami-Dade Water and Sewer, DERM, Environmental,HRS, Miami-Dade Public Works,the Florida Department of Transportation(FOOT)as necessary and all City of City of Sunny Isles Beach Building permits necessary for the construction of the projects. Firms may also be required to provide review and consulting services to the City on various matters which do not result in drawings, specifications or construction documents. The respondent shall agree to indemnify and hold harmless and pay on behalf of the City, for any liability and/or legal costs arising out of any claims and litigation related to the services provided,to the extent caused by the negligence recklessness,or intentionally wrongful conduct of the respondent in the performance of the contracted services. END OF SECTON City of Sunny Isles Beach I Request for Qualifications No.16-12-01 17 I _ 4 h City of Sunny Isles Beach RFQ Opening Request for Qualifications No. 16-12-01 Professional Planning and Zoning Consulting Services 18070 Collins Avenue,1St Floor,Sunny Isles Beach,FL 33160 Opening Date and Time: Tuesday,January 3,2017 at 2:30 p.m. PRESENT: Claudia Hasbun,Planning/Zoning Administrator Christopher Russo, City Manager Genesis.Cuevas,MPA,Purchasing Agent Jane.A.Hines,MMC, City Clerk Luz Rey,Senior Office Assistant 2 responses to RFQ No. 16-12-01 were received: 1. Johnson.Engineering,Inc. • c/o:Heidi'Siegel,AICP,Project Manager ( 1 original and 3. copies received) 1'031 Ives Dairy Rd.,#228 Miami, FL 33179 Phone: 954.626.0123 E-mail: hsiegel@johnsoneng.com 2. Calvin, Giordano&Assoc., Inc. c/o Alex David,AICP,Project Manager ( 1 original and 3 copies received) 1800 Eller Drive,Suite 600 Ft. Lauderdale,FL 33316 • Phone: 954.921.7781 E-mail: adavid@cgasolutions.com Submitted by: Jane A. Hi es, MMC,City Clerk 6/7/2017 Item Coversheet in SU+INY SAF„ �0 tr., �. :-„ City of Sunny Isles Beach 47 a 18070 Collins Avenue u17 M; Sunny Isles Beach,Florida 33160 -`/P �1-„,0 ,.: (305)947-0606 City Hall 1�`'';.� „,„. o (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: 6/15/2017 RE: First Amendment to the Agreement with Calvin, Giordano&Associates, Inc. RECOMMENDATION: It is recommended that the City Commission review this resolution for approval. REASONS: An amendment to the agreement with Calvin, Giordano & Associates to increase the total contract by $150,000 is needed to accommodate creating and filing the required annual report for the National Pollutant Discharge Elimination System (NPDES), the quarterly Historic Newport Pier Cleanup, Public Works engineering plan reviews, zoning deposits, and planning and zoning professional services. FUNDING SOURCE: 001-0-0000-220300-00000-Zoning Deposits 001-4-5241-431000-00000-Planning&Zoning Professional Services 400-5-5380-431000-00000-NPDES 001-6-5720-431000-00000-Tree Planting GIS 110-5-5410-431000-00000-Tree Planting GIS 001-6-5720-434041-50000-Pier Cleanup 110-5-5410-431000-00000 -PW engineering plan reviews Item Number: 10.F. https://sunnyisles.novusagenda.com/AgendaW eb/CoverSheet.aspx?Item ID=2159 1/1