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HomeMy WebLinkAboutReso 2016-2611 RESOLUTION NO. 2016 - 24,I I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SIXTH AMENDMENT TO THE AGREEMENT WITH CALVIN GIORDANO AND ASSOCIATES, INC. TO PROVIDE ADDITIONAL PROFESSIONAL LANDSCAPE ARCHITECTURE SERVICES RELATED TO THE NORTH BAY ROAD BRIDGE PAVING DESIGN, IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND EIGHTY-FIVE DOLLARS AND FIFTY CENTS (S12,085.50); RATIFYING PREVIOUS EXPENDITURES UNDER THE CONTRACT, IN AN AMOUNT NOT TO EXCEED NINETY- FOUR THOUSAND FOUR HUNDRED SEVENTY-NINE DOLLARS AND TWENTY-SEVEN CENTS ($94,479.27), • ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID SIXTH AMENDMENT TO AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 1, 2011, the City advertised and issued Request for Qualifications (RFQ) No. 11-07-01 for professional consulting services including but not limited to prime consultant services, permitting, and design development related to the Emergency Bridge Project; and WHEREAS, on December 15, 2011 via Resolution No. 2011-1817, the City Commission awarded RFQ No. 11-07-01 to and entered into an agreement with Calvin Giordano & Associates, Inc. to provide consulting and permitting services for the Emergency Bridge, in an amount not to exceed Five Hundred Sixty-Two Thousand Five Hundred Ninety-Four Dollars ($562,594.00); and • WHEREAS, on October 18, 2012 via Resolution No. 2012-1982, the City Commission approved the First Amendment to Agreement with Calvin, Giordano, and Associates, Inc., to provide consulting and permitting services for the Emergency Bridge Project, in a total amount not to exceed Thirty Four Thousand Six Hundred Forty-Four Dollars and Seventy-Five Cents ($34,644.75), bringing the total amount not to exceed to Five Hundred Ninety-Seven Thousand Two Hundred Thirty-Eight Dollars and Seventy-Five Cents ($597,238.75); and WHEREAS, on January 17, 2013 via Resolution No. 2013-2016, the City Commission approved the Second Amendment to Agreement with Calvin, Giordano, and Associates, Inc., to provide a Topographic Survey to evaluate possible seagrass mitigation areas for the Emergency Bridge Project, in a total amount not to exceed Five Thousand Five Hundred Two Dollars ($5.502.00), bringing the total amount not to exceed to Six Hundred Two Thousand Seven Hundred Forty Dollars and Seventy-Five Cents ($602,740.75); and WHEREAS, on February 20, 2014 via Resolution No. 2014-2195 the City Commission approved the Third Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., to provide final design and final permitting services for the completion of the Pedestrian and Emergency Vehicular Bridge, in an amount not to exceed Three Hundred Four Thousand Ninety- R2016-CGA 6th Amendment to Agmt Emergency Bridge Page 1 of 3 Five Dollars and Seventy-Five Cents ($304,095.75), bringing the total amount not to exceed to Nine Hundred Six Thousand Eight Hundred Thirty-Six Dollars and Fifty Cents ($906,836.50); and WHEREAS, on November 19, 2015 via Resolution No. 2015-2495, the City Commission approved the Fourth Amendment to the Agreement with Calvin Giordano and Associates, Inc., to provide design modifications to the Pedestrian and Emergency Vehicular Bridge for Easement concerns, in an amount not to exceed Seventy-Seven Thousand Six Hundred Fifty-Two Dollars and Seventy-Five Cents ($77,652.75), bringing the total amount not to exceed to Nine Hundred Eighty-Four Thousand Four Hundred Eighty-Nine Dollars and Twenty-Five Cents ($984,489.25); and WHEREAS, on April 21, 2016 via Resolution No. 2016-2540 the City Commission approved the Fifth Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., to provide Design, Survey, and Materials Testing as well as additional Construction Management and Inspection Services for the Pedestrian and Emergency Vehicular Bridge, in a total amount not to exceed Eight Hundred Thirty-Four Thousand One Hundred Ninety-Five Dollars ($834,195.00) which included a 10% contingency, bringing the total amount not to exceed to One Million Eight Hundred Eighteen Thousand Six Hundred Eighty-Four Dollars and Twenty- Five Cents ($1,818,684.25); and. WHEREAS,the City now needs additional Professional Landscape Architecture Services to be performed by the Consultant related to the North Bay Road Bridge Paving Design, and Calvin Giordano and Associates, Inc. has expressed its ability and desire to provide these services subject to the terms and conditions contained within the Sixth Amendment to the Agreement; and WHEREAS, the City wishes to approve the Sixth Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., to provide additional Professional Landscape Architecture Services related to the North Bay Road Bridge Paving Design, in an amount not to exceed Twelve Thousand Eighty-Five Dollars and Fifty Cents ($12,085.50), and to ratify the previous expenditures under the Contract, in an amount not to exceed Ninety-Four Thousand Four Hundred Seventy-Nine Dollars and Twenty-Seven Cents ($94,479.27), attached hereto as Exhibit "A", bringing the total amount not to exceed to One Million Nine Hundred Twenty-Five Thousand Two Hundred Forty-Nine Dollars and Two Cents ($1,925,249.02). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Sixth Amendment to the Agreement. The Sixth Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., to provide additional Professional Landscape Architecture Services related to the North Bay Road Bridge Paving Design for the Pedestrian and Emergency Vehicular Bridge, in an amount not to exceed Twelve Thousand Eighty-Five Dollars and Fifty Cents ($12,085.50), and ratifying the previous expenditures under the Contract, in an amount not to exceed Ninety-Four Thousand Four Hundred Seventy-Nine Dollars and Twenty-Seven Cents ($94,479.27), in a total amount not to exceed of One Hundred Six Thousand Five Hundred Sixty-Four Dollars and Fifty-Two Cents ($106,564.52), attached hereto as Exhibit"A", be and the same, is hereby approved. R2016-CGA 6th Amendment to Agmt Emergency Bridge Page 2 of 3 Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Sixth Amendment to the Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20th day of October 2016. 0Y 7-orge H. Scholl, ayor ATTEST: - AL\LL) Jane • . i•es;,MMC, City Clerk f APPROVED AS TO FORM AND " ' G1 SUFFICIENCY: i / 4 i lilA .''S 'not, 011 Attorney Moved by: CoA. LEVI tJ Seconded by: Coffiwt. 6 oI.bWl l4nl Vote: Mayor Scholl m-r (Yes) (No) Vice Mayor Gatto (Yes) (No) Commissioner Aelion /(Yes) (No) Commissioner Goldman ✓ (Yes) (No) Commissioner Levin -(Yes) (No) 82016-CGA 6th Amendment to Agmt Emergency Bridge Page 3 of 3 SNhY Sf O�kir^A Jel SIXTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND CALVIN, GIORDANO & ASSOCIATES, INC. CONTRACT NO. C0312-1617-004 This Sixth Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH and CALVIN, GIORDANO & ASSOCIATES, INC, ("Consultant") executed this 2S ''day of OCAO 2016, is made a part of the original Agreement between the parties dated December 15, 2011, ("the Agreement"), between the City and Consultant attached hereto as Attachment "B" whose Federal Identification # is Cp' • 0013 ioct . The City and Consultant hereby agree as follows: 1. ADDITIONAL SERVICES TO BE PERFORMED. Section 2 of the Agreement between the parties is hereby amended to include additional Professional Landscape Architecture Services to be performed by the Consultant related to North Bay Road Bridge Paving Design ("Additional Services"), as more thoroughly described in Attachment "A", which is attached hereto and incorporated herein by reference. 2. COMPENSATION. The total compensation to the Consultant, as set forth in Section 4 of the Agreement, is hereby amended to include additional compensation for the Additional Services in an amount not to exceed Twelve Thousand Eighty Five Dollars and Fifty Cents ($12,085.50) for this Sixth Amendment. 3. RATIFICATION OF PRIOR AUTHORIZED EXPENDITURES. Additionally, the City wishes to ratify previous authorized expenditures under the Agreement in the amount of Ninety Four Thousand Four Hundred Seventy Nine Dollars and Twenty Seven Cents($94,479.27), bringing the total contract amount not to exceed One Million Nine Hundred Twenty Five Thousand Two Hundred Forty Nine Dollars and Two Cents ($1,925,249.02). 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties dated December 15, 2011, shall remain in full force and effect. 5. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions contained in this Sixth Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachments "A" and "B". [Remainder of page intentionally left blank.] SEB IN WITNESS WHEREOF,the parties hereto have executed this document as of the date mentioned above. WIT SS: CALVIN, GIORDANO & ASSOCIATES, INC ea Signature 4 By: t. a- I me 0 , 1 Dennis J. Giordano, President Print Name ATTEST: CITY OF SUNNY ISLES BEACH rt 1 . '' ' A3Y..:. i air...i_ A--- i>.a........., 144A;4— r x'� { Jane�A� ' es, MMC, City Clerk ' eorge H. Scholl, yor F r , , • �eig-'' - a•.pt'}`�`'v APPROVED AS TO FORM AND E LEGA . , F IENCY /h'à 411 B . frff��' inr, Cit Attorney 2 C0312-1617-004—CALVIN,GIORDANO&ASSOCIATES, INC • . _ Calvin,'Giordano Associates Inc -.E NS' n •:. _• = • Atiiu' '1";-,=2-01 :W:tlitiott tIer carOF st)1JN17:1$LEs:OgACH. ticiinioadiem6e- ••au s' •fibiOt Collins "*4-136as_ const,ucuon 14iifitioh Re. Work A'iitho hon NO 186 consthiitlon 40-ift6e§. int• N Bay Road Bridge Paving Designqntractqvmm tiatiPttloatO .CGAiTioposfitMcvis;1$6ita *00#00*: ,6064:1404 esreAok • Dear:Mi.iltdiso $04* _ 'fiii2loscd2fOrYftkilfteSileyi.ithid4or..-6*-fillitw§rkA014ri4tiOtiiNiiil 86 for w4..•- 411,q,,appye,reterencectpr.p.ject.,: enave:aipoarmuled, o,:zapn.raa _ Fight ,ShoWidgliti,V1011itYtif,WoliS.tiPsFe-perfoniiecilitteidiike&withiitilie;iaape- • ervis ....• d - . . . - .• l'1400.1A110111.eir4A 81i6 4'00 have py qetiôns concerning this Olatter-pleaiè feel',free,tio• 4.01d*Iiiii00011Rédelapméñt i• 'sjobetefy, giod000.1(10, -• - -•• ' • GS oIder , _ • 61 - _ •18ODEflér.Drivë. sio3,60o'; _ '6:74 Aliatt4ctiO , .95'4921)Z781 hoñe 96410Y.88a7.iii, • FORT LAUL1ERDALE 'WET.PALM BEACH PORTSTHOMESTEAD• TAMPiV 0.4ARWATEFf •JACKSQNV1LLt: .01044 ATTACHMENT "A" S B August1 2016 .,c4010;qi-641f116'4,cssitoiliWi;Inc Proposal No15;7567.3 CITY oF:sUNINWI$LE.9 BEACH N.bilk.Road Bridge Pavin Dsign. •PRonertiEgtiiieliON :! §EkViCki -(5.0-1.iiicidittOclitig;94465;.:40 Professional Landscape Architecture Serviées 4:. Task 1: 1 CGA will prepare two hardscape paving design options for review by the City g4-0,0110.'iAlti-4111454401,041**)10.0100titt•citiff - 06ijitiii)topwal;with addressing the 4itiildifo-404**0.*Pii# iriaorpOtattoli: Op-A4vitiOlfikgp..t6 2 revisions to the designs provided B. Task l;_ . vpArvootovitt01,kojectiokgpA*,b15000;4;,goiriotly,p,to#19 • lowtlfe.66iiiiii§4§.#1(itthe layout of tfirolOottilf,and tile installation of the ëleôid.fliishà. 00A:will.Popqq7.4p,ropci .031140.0014.419fAtul:OW-9: .1610.06fit§01PPgAi6-40T§011-0'.0t#*)?ri40;.iii010dilig13:14_0... identifying location,quantities and specification of material to be • , • instilled: S B . . .. _. 'WO*tklij 16ratts-n-itilgt ,cal rini.Giordano&Ass**Inc. ?i§iiiiiii!No 1 .;7$67,.?• , D. Tatik!, 1 'cGik#41)50-Pf0,#kiiiiiafiokooli,141010 §plikpikitkio-d4igili i1:010thg;fiht4ii00#401idf:040tiiii4iitjtiOi'iridt*ifio0titi#:Of ,the 4!iii3:97#0iitiigil3AliiitI4, tiiii ticiiiiiiovoiwot*,..65motioi to potable will beiiiili zici and thai the water te 4ajl1WiYtillktgOi, 2; BA,s8:0F:CONift0-$A,TIOu ii§iily.rAto, iiiitli‘.an:000(n410016_0_,Of P 1,5 1#O:po,toifiltiwooi6,tifi5 7. •$‘15:' P',i,iiii.;E.I.:01;ittii0 i.c)40-0.-c-i:*§-.04.0$07,08$40-P4*-6:iit.t 0 i? ,:iiiii0o:#40.000i 3 SUBMITTED __: th )1I itiblttiiii* 'i:Aggintsk,. ___.„,,--„,--;,-,'7":" Nte.,:. 64*-110100;04074A0000;C7.— . . '4 .41*(•8r4L 7/4 41-0iici by!- ". -• ___,,_ _.,- .._i._ ''.: ".,: _ —___ —__— Date Ch Russo 04,,Mfrinfiw. ,..:- -.. .... • S 1 - - - .WRrk."*4*!41 Calyiii,Giordano it Afactilii;ipa, frojr011 Vri.•;145614. CITY cijr SUNNY ISLES BEACH 17.001CAVTOORIzSATIOrtaiT480.041t- moot 1,200 *:)10c-APIINIMA.#014.110, PAQ00%)41410 N-.Bay Road pijogo.poviog.POigq, - -- - -- - - TIME. ESTIMATED CCilil$TRUcutib$TIME 0 OTENIAninONftittiCpci.iq COST $0.60 tOPP • Clerical. $75 00 4 $30000 Laii04013.0 AtcliitOt 38 107000. taitckt-i3,6:0400 Technician $ ,840 00 __• _ _ _ $04,40Pi§ATOT-$• _ ...a:,•- - • ._ - , : . LABOR •-• - - - - - - SUBTOTAL tii ko..66 REIMBURSABLE sUocitql .0$1$.50 TOTAL $.000-46' .„ 'Reviewedby:; - - • . • S B 4"NMf Ifl'. Y•I' S �� ' CITY OF SUNNY ISLES BEACH AGREEMENT WITH CALVIN, GIORDANO & ASSOC. INC. CONTRACT NO. C1112-006 THIS AGREEMENT, entered into this •S11 day of bet-CE i%C 2011, 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 (FS- ep t of RECITALS WHEREAS, the City is in need of professional governmentconsulting services including but not limited to prime consultant services, permitting and design development related to the Emergency Bridge Project("Services"), as more particularly described in Attachment "A", attached hereto and made a part hereof; and WHEREAS, the Consultant is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and V WHEREAS, the City desires to enter into this Agreement with Consultant to provide the Services in a total amount not to exceed Five Hundred Sixty-Two Thousand Five Hundred Ninety-Four Dollars ($562,594.00); and NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. CONSULTING SERVICES. Consultant shall provide to the City the Services as more particularly described in Attachment"A" attached hereto and made a part hereof. 3. TERM. The term of this Agreement shall begin upon the issuance of a Notice to Proceed from the City Manager or his designee and shall terminate upon the completion of the Services. 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 Five Hundred Sixty-Two Thousand Five Hundred Ninety-Four Dollars ($562,594.00); 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 andthe schedule of charges reflected in Attachment"A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. Page 1 of 8 C1112-006 Calvin,Giordano and Associates ATTACHMENT "B" 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. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon ten (10) days written notice and the Consultant shall be compensated for the Services satisfactorily performed prior to the effective date of termination. 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 fmal 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 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. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, contractors or employees, as more particularly set forth below: r, Page 2 of 8 C1112-006 Calvin,Giordano and Associates (a) General liability insurance with limits of One Million Dollars ($1,000,000) combined single limit occurrence. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent Contractors. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The City of Sunny Isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Consultant or the acts or omissions of Consultant in connection with such operation. (b) Professional liability insurance: The limits of such liability provided by such policy shall be no less than One Million Dollars ($1,000,000) combined single limit occurrence. (c) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all • applicable federal laws. (d) Business Automobile Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Hired and non-owned vehicles. Employers' non-ownership. Such policies of insurance shall not diminish Consultant's indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this (,l f1 tM .Jf L Y-Y Page 3 of 8 C!112-006 Calvin,Giordano and Associates Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City 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) calendar days prior written notice to the City Manager or his designee. 7. 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. 8. DUTY TO INDEMNIFY AND HOLD HARMLESS. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, —t which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of Services under this Agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 9. TERMINATION. A. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material--to-this-agreement,—the-C—ity-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 Consultantof its violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant 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 payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written Page 4 of 8 f L C1112-006 Calvin,Giordano and Associates �� `` notice which shall become effective ten (10) days following receipt by Consultant. The terms of Paragraphs A(i)and(ii)shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Consultant subcontract any services under this agreement, it shall be done with continued liability for the Consultant. The Consultant shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Consultant. 11. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written)or actions of either of party. 12. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 13. 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-an-y-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. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service),addressed to such party as follows: Page 5 of 8 4 • nryi C1112-006 Calvin,Giordano and Associates Fes 2 t..y If to the City: Alan J. Cohen With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue 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 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 16. 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. 17. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended,Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will take ---------affirmative-action-to-insure-that-all-employment-practices-are-free-from-such-discrimination:- -- -- Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of 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. 18. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Page 6 of 8 C1112-006 Calvin.Giordano and Associates The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Consultant further covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 19. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to any attachments hereto. 20. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. [Remainder of page intentionally left blank] T, Qti� a IV� Page 7 of 8 CII12-006 Calvin,Giordano and Associates IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. WITNESS CALVIN, GIORDANO AND ASSOCIATES,INC. ignature �L f($ C)- ordck w0 BY: Print Name Signature&Title WITNESSES: /V, Si. eeture dv - 1TW Swv Print Name ATTEST: CITY OF SUNNY ISLES BEACH t � BY: o l • Jane'.A:_Hine ; CMC,City Clerk No 'an S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL SUF ICIENCY / I BY: Li( Hifi *ot City Attorney ra is 1_y Page 8 of 8 C/112-006 Calvin,Giordano and Associates .:„, o'' Calvin, Giordano & Associates, Inc. ' i1 E X C E P T I O N A L SOLUTIONS • December 14, 2011 Mr.Alan Cohen • City Manager CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Re: Work Authorization No. 139 Sunny Isles Beach Bridge Permitting&Resident Meetings CGA Proposal No. 11-4582 Mr. Alan Cohen, Enclosed for your review and approval is Work Authorization No. 139 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. Engineering Construction Engineering &Inspection Municipal Engineering Sincerely, Transportation Planning &Traffic Engineering • Surveying&Mapping CALVIN,GIORDANO &ASSOCIATES,INC. Planning Landscape Architecture &Environmental Services Construction Services Indoor Air Quality Dennis J. Giordano Data Technologies President &Development Emergency Management Services Building Code Services 1800 Eller Drive,Suite 600 Fort Lauderdale,FL 33316 Phone 954.921.7781 Fax:954.921.8807 www.calvin-giordano.com e I • Fort Lauderdale West Palm Beach Orlando Fort Pierce Homestead CITY OF SUNNY ISLES BEACH Sunny Isles Beach Bridge Permitting& Resident Meetings PROJECT DESCRIPTION 1. SCOPE OF SERVICES Calvin, Giordano&Associates, Inc.will perform the following services based on our understanding of the project requirements: I. Professional Engineering Services A. Electrical Engineering 1. Develop lighting layout and perform photometric calculations for North Bay Road Bridge. 2. Coordinate with FPL to establish electric service. 3. Provide electrical engineering design services for electric service, service,power distribution,branch circuits and controls for street lighting between NE 172nd Street and NE 174th Street including the North Bay Road bridge. 4. Provide electrical engineering services during construction including responses to RFIs,review of shop drawings,periodic inspection, and final inspection. B. Civil Engineering 1. Prepare surface water drainage plans for pedestrian bridge sufficient for permitting and construction 2. Prepare surface water drainage calculations for pedestrian bridge sufficient for permitting through Miami-Dade DERM 3. Coordinate geotechnical sub-consultant percolation tests 4. Prepare and process SWM permit applications through Miami-Dade • DERM (This only includes the drainage/surface water management related issues and not the environmental issues). 5. Create typical sections and general notes plans 6. Create geometric plans(layout plans) 7. Create roadway plans 8. Create roadway profiles 9. Create roadway cross sections 10. Create quantity sheets 11. Create pavement marking &signage plans 12. Coordinate.with structural bridge engineer 13. Attend six(6)meetings during design phase II. Professional Data Technologies & Development Services A. Create nine hi-resolution concept renderings. 1. The renderings will be based on three different concepts designed by the landscape architecture department. 2. The conceptual renderings will be overlaid onto panoramic photos from three different vantage points.The photos will be provided by the project manager. 3. Turn-around time will be two business days. III. Professional Landscape Architecture Services A. Develop conceptual planting strategies to provide visual buffer alongside existing condo buildings to/from a proposed bridge structure. B. Provide direction to graphic artist on creation of illustrative graphics, specific to the type, size and quality of plant material anticipated in the schematic planting concept. laIN C. Schematic landscape plans nor construction documents are not included. D. One(1) City Staff Meeting and one (1) Community Meeting are included. E. One(1)round of minor revisions are included. IV. Professional Government Consulting Services & Sub Consultants A. Work in conjunction with Joel Wadsworth of Construction Department to manage the environmental, utility and building department permits. 1. Manage EAS (Sub-Consultant)to obtain the following environmental permits or approvals: PERA(F.K.A. DERM),USACE&USCG. • This includes application, responses to all RAI,mitigation designs (after obtaining potential City owned land information from City staff), and permit sketches. B. Manage the completion of all outstanding drawings being performed by CGA departments: 1. Civil/Drainage Plans 2. Electrical/Lighting 3. Pavement Marking& Signage Plans C. Manage the completion of the structural plans which are to be completed by others. The scope for the completion of the structural plans is outlined in BHA's proposal. D. Attend one(1)public meeting to address adjacent property owner concerns. E. Utility Location and Coordination 1. Send correspondence to all utilities requesting utility locations and as- builts. 2. Utilize a subcontractor to perform utility location with ground penetrating radar. 6,s • 3. Coordinate with Florida One Call for utility locates. F. Environmental Permitting(Sub Consultant) 1. Sub consultant(EAS)to obtain DERM,USACE&USCG Permits. 2. Work includes providing permit sketches,responses to RAI and producing permitting packages. G. Hydraulic Analysis (Sub Consultant) 1. Current Measurements: Sub consultant will measure current velocities and tidal variations at the Project site over a full tidal cycle to capture both ebb and flood flow conditions.The current measurements will be performed in concert with the deployment of an electronic tide gauge. The location of gauge will be referenced to the Project datum. The water surface elevations will be used for input into the numerical model utilized in Part G.2,while the current measurements will be utilized for calibration of the numerical model. 2. Hydrodynamic Modeling—Calibration: Sub consultant will develop a detailed model domain utilizing the existing bathymetric survey data _ for the site. Cummins Cederberg will perform numerical model simulations of the tidal hydrodynamics in the vicinity for the existing conditions in order to analyze the flow characteristics.The state-of- the-art MIKE21 HD FM numerical model will be utilized.The model is based on an unstructured flexible mesh,which accommodates detailed modeling of channels in varying sizes and configurations. The model will be calibrated with the tide and current measurements obtained in the Part G.1. 3. Hydrodynamic Modeling—Normal and Extreme Conditions: Based on the calibrated hydrodynamic model developed under Part G.2, Sub consultant will simulate the flow patterns and current velocities under the proposed conditions. Both normal and extreme conditions (100- year event)will be simulated. A sensitivity study will be conducted to evaluate potential statistical differences. 4. Hydrodynamic loading: Based on the hydrodynamic modeling results, Sub consultant will determine the hydraulic loading for the events analyzed under Part G.3. This will include hydrodynamic load pressure distributions along with elevation of resultant force.The analysis will account for variations in flow pattern around the piles for the specific design shape. 5. Scour Analysis: Sub consultant will perform a scour analysis for the proposed bridge,based on pier geometry,peak hydraulic flow rates for the canal determined under Part G.3, and local geotechnical conditions. The scour analysis will be in accordance with the Florida Department of Transportation (FDOT)and Federal Highway Administration (FHWA) guidelines.The scour calculations shall include contraction scour due to the overall presence of the bridge and associated constriction of flow in the canal,as well as local scour occurring at the individual pier foundations. 6. Engineering Report: Sub consultant will prepare an engineering report documenting the results of the field investigations and engineering analyses performed under Parts G.1 through G.5. Figures illustrating the results will be incorporated within the report, including a plot of the estimated scour conditions. The report will be signed and sealed by a Florida licensed registered professional engineer. H. Structural Engineer(Sub Consultant) 1. Structural Engineer to provide complete, signed&sealed plans for the bridge span and support structures. 2. Structural Engineer to provide complete, signed&sealed plans for the Mechanically Stabilized Earth(MSE)Wall Control Drawings. 3. Structural Engineer to provide signed&sealed plans for the partial demolition and reconstruction of the existing seawall. 4. Structural Engineer to respond to all Agencies Having Jurisdiction (AHJ)Request for Interpretation/Information(RFI)to facilitate environmental and utility permitting which pertain to structural issues. 5. Geotechnical Engineer to mobilize equipment to perform three(3) borings in the canal. 6. Geotechnical Engineer to study and prepare report for the settlement of the MSE walls due to presence of organic soils. ?i r.- V. Professional Construction Services A. Work in conjunction with Chris Giordano of Government Services Department to manage the environmental,utility and building department permits. 1. Manage EAS (Sub-Consultant)to obtain the following environmental permits or approvals: PERA, USACE&USCG. • This includes application,responses to all RAI, mitigation designs(after obtaining potential City owned land information from City staff),and permit sketches. B. Manage the completion of all outstanding drawings being performed by CGA Departments: 1. Civil/Drainage Plans 2. Electrical/Lighting 3. Pavement Marking&Signage C. Manage the completion of the structural plans which are to be completed by others. The scope and cost for the completion of the structural plans is outlined in BHA's proposal. D. Attend one(1)public meeting to address adjacent property owner concerns. VI. Professional Surveying Services A. Prepare Bathymetric Survey of Canal From eastern terminus to the intersection with the Intracoastal Waterway. B. Prepare "Route Survey"of proposed North Bay Road and the proposed bridge crossing the Canal. Limits of the survey will be as follows; on the north by NE 174th Street, on the south by NE 172nd Street on the east and west by a line 50' each side of the centerline/baseline of construction.The survey will establish,on the ground, the centerline of the roadway and the baseline of construction of the bridge. Survey will include horizontal location as well as rim and invert elevations of all visible utility structures within the survey corridor. Survey will be made in accordance with Minimum Technical Standards for Land Surveys in the State of Florida as defined by Chapter 5J-17.050-.052,Florida Administrative Code. Vertical Datum will be relative to National Geodetic Vertical Datum(NGVD)of 1929. Horizontal datum will be relative to State Plane Coordinates,Florida East Zone,NAD 1983 with the 1990 adjustment. C. Prepare three(3) Sketch and Descriptions in accordance with Minimum Technical Standards for Land Surveys in the State of Florida as defined by Chapter 5J- 17.050-.052, Florida Administrative Code and as directed by the project manager. D. Prepare two (2)Topographic Surveys of areas,as directed by the project manager, that are being considered for dedication as Conservation Easement to replace the area of the existing Conservation Easement being vacated. Surveys will be made in accordance with Minimum Technical Standards for Land Surveys in the State of Florida as defined by Chapter 5J-17.050-.052,Florida Administrative Code. ri J c 2. BASIS OF COMPENSATION Hourly rates with an estimated fee of$555,094.00 plus reimbursables at$7,500.00 with a total not to exceed amount of$562,594.00. Payments to be made monthly. 3. SUBMITTED Submitted by: Date: CALVIN,GIORDANO&ASSOCIATES,INC. 4. APPROVAL Approved by: Date: Alan Cohen,City Manager _1 CITY OF SUNNY ISLES BEACH WORK AUTHORIZATION ESTIMATE DATE December 14,2011 WORK AUTHORIZATION NO. 139 PROJECT NAME Sunny Isles Beach Bridge Permitting&Resident Meetings DESCRIPTION Project Management,Completion of Plans& Permitting of the Newport Bridge Project ESTIMATED CONSTRUCTION TIME N/A ESTIMATED CONSTRUCTION COST N/A TITLE -: - RATE HOURS COST. PROJECT MANAGEMENT-In House Project Manager—Joel Wadsworth Project Duration $135.00 185 $24,975.00 Project Manager—Chris Giordano Project Duration $150.00 100 $15,000.00 Project Manager—For Utility Location Sub Consultant $145.00 5 $725.00 ENGINEERING—In House Associate Engineering VI $190.00 16 $3,040.00 Clerical $75.00 8 $600.00 Director Engineering V $165.00 155 $25,575.00 Eng Sr CADD Tech Manager $115.00 264 $30,360.00 Engineer II $105.00 120 $12,600.00 Jr.Engineer I $100.00 65 $6,500.00 Project Engineer III $125.00 226 $28,250.00 SURVEY—In House Sr.Registered Surveyor $145.00 18 $2,610.00 Survey CADD Technician $95.00 46 $4,370.00 Survey Crew $135.00 74 $9,990.00 Survey File Compilation $105.00 35 $3,675.00 3 Legal Sketch&Descriptions for Easements $850.00 3 $2,550.00 PUBLIC MEETING—In House(1 Only) Landscape Architect-Conceptual Landscape Options for $115.00 16 $1,840.00 Public Meeting Multi-Media 3D Developer-9 High Res Renderings for Public $115.00 16 $1,840.00 Meeting t`:i Sub Consultants Sub Consultant—Utility Location—Ground Radar $200.00 20 $4,000.00 Sub Consultant EAS—Environmental Permitting $200.00 450 $90,000.00 Sub Consultant BHA—Geotech Analysis for MSE Wall $8,591.07 1 $8,591.07 Sub Consultant BHA—Structural Responses to AHJ RFIs $16,021.53 1 $16,021.53 Sub Consultant C&C-Hydraulic Analysis $23,475.00 1 $23,475.00 Sub Consultant BHA—Geotechnical—3 Addlt Borings $43,225.49 1 $43,225.49 Sub Consultant BHA—Demo&Recon Seawall Dwgs $46,083.78 1 $46,083.78 Sub Consultant BHA—MSE Control Wall Drawings $53,947.59 1 $53,947.59 Sub Consultant BHA—Structural Plans $95,249.54 1 $95,249.54 $555,094.00 LABOR SUBTOTAL $563,874.00 REIMBURSABLE SUBTOTAL $7,500.00 TOTAL $562,594.00 Reviewed by: Alan Cohen,City Manager i-.'; • CALVI-2 OP ID:N6 A�oRCP" CERTIFICATE OF LIABILITY INSURANCE DATE /12 01103/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 954-776-2222 CONTACT Brown&Brown of Florida,Inc. PHONE FAX 1201 W Cress Creek Rd#130 954-776-4446 (A1C.No.E.D: (A/C,No): P.O.Box 5727 E-MAIL Ft.Lauderdale,FL 33310-5727 ADDRESS: Stephen E.Patton,AAI INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Casualty Ins.Co 29424 INSURED Calvin,Giordano& INSURER B:Hartford Ins Co of Midwest 37478 Associates,Inc. INSURER c:American Guar&Liab Ins Co 26247 Attn:Dennis Giordano 1800 Eller Drive#600 INSURER D:Hartford Fire Insurance Co. 19682 Ft.Lauderdale,FL 33316 INSURER E:Continental Casualty Company 20443 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -' INSR TYPE OF INSURANCE 'ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRW R INV(D POLICY NUMBER (MM/OD/YYYY) (MM/DD/YYYY) GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 21UUNLK3645 01/01/12 01/01/13 DAMAGEMTTED PREMISES(Ea occurrence) S 300,000 CLAIMS-MADE OCCUR MED EXP(Any one person) S 10,000 08/27/11 08/27/12 PERSONAL 8 ADV INJURY S 1,000,000 GENERAL AGGREGATE _ $ 2,000,000 GENT AGGREGATE UMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 —1 POLICY n JF f n LOC $ AUTOMOBILE UABIUTY LCEOMBBINdBDtSINGLE LIMIT $ 1,000,000 accB X ANY AUTO 21 UENJB7000 01/01/12 01/01/13 BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-O PROPERTY DAMAGE HIRED AUTOS AUTOS OWNED (Pas accident) S X UMBRELLA UAB X OCCUR EACH OCCURRENCE 5 10,000,000 C EXCESS UAB CLAIMS-MADE AUC594612803 01/01/12 01/01/13 AGGREGATE $ 10,000,000 DED X RETENTION 0 s WORKERS COMPENSATION VAC STATU- 0TH- AND EMPLOYERS'LIABILITY X TORY LIMITS °R - AND ANY PROPRIETOR/PARTNER/EXECUTIVE YIN CI NIA 21WBN03209 01/01/12 01/01/13 E.L.EACH ACDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 1,000,000 E Professional Liab AEH288358005 08/27/11 08/27/12 Per Claim 5,000,000 Claim Made RETENTION: $200,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:Resolution C1112.006/CGA 11-4582 Executed Agreement City of Sunny Isles Bch is listed as additional insured with respects to general liability with repect to liability arising out of operations performed for the City by/or behalf of Consultant or acts/ or omissions of Consultant in connection with such operation(Contd) CERTIFICATE HOLDER CANCELLATION SUNNYIS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof SunnyIsles Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Building Department 18070 Collins Avenue AUTHORIZED REPRESENTATIVE Sunny Isles Beach,FL 33160 '1(444)444/4L/ "4 I ' ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD STB NOTEPAD. HOLDER CODE SUNNYIS CALVI-2 PAGE •INSURER'S NAME Calvin,Giordano& OP ID:N6 DATE 01/03/12 if required by writen contract. 1 SB ^l CALVI-2 OP ID:N6 „:„...........1 L DATE(MMIDD/YYYY) A��o" CERTIFICATE OF LIABILITY INSURANCE 01/03/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). ONTACT PRODUCER 954-776-2222 NCAME: Brown&Brown of Florida,Inc. 954-776-4446 PHONr a Eger. b AX,No): 1201 W Cypress Creek Rd#130 E-MAIL P.O.Box 5727 ADDRESS: Ft.Lauderdale,FL 33310-5727 Stephen E.Patton,AAI INSURERS)AFFORDING COVERAGE NAIC# INSURER A:Hartford Casualty Ins.Co 29424 • INSURED Calvin,Giordano& INSURER B:Hartford Ins Co of Midwest 37478 Associates,Inc. INSURER c:American Guar 8r Liab Ins Co 26247 Attn:Dennis Giordano 1800 Eller Drive#600 INSURER o:Hartford Fire Insurance Co. 19682 Ft.Lauderdale,FL 33316 INSURER E:Continental Casualty Company 20443 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- ILSADDL SUER POLICY EFF POLICY EXP LIMITSTYPE OF INSURANCE INSR WVD POLICY NUMBER (MNVDDIYYYY) (MM/DD/YYYY) GENERAL UABIUTY EACH OCCURRENCE S 1,000,000 01/01/12 01/01/13 DAMAGE TO RENTED 300,000 A X COMMERCIAL GENERAL UABIIJTY 21 UUNLK3645 PREMISES(Ea occurrence) $ CLAIMS-MADE I I OCCUR MED EXP(Any one person) S 10,000 08/27/11 08/27/12 PERSONAL s ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEM.AGGREGATE LIMIT AP(PL�IE�S PER: PRODUCTS-COMP/OP AGG S 2,000,000 —1 POUCYITO!pi I ILOC S COMBINEDSINGLELIMIT S 1,000,000 AUTOMOBILE UABIUTY B X_ ANY AUTO 21U ENJB7000 01/01/12 01/01/13 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED _ BODILY INJURY(Per accident) S AUTOS —NAUTOS ON-OWNED PROPERTY DAMAGE S HIRED ALTOS AUTOS (Per accident) _ S X UMBRELLA UAB X OCCUR EACH OCCURRENCE S 10,000,000 C EXCESS UAB CLAIMS-MADE AUC594612803 01/01/12 01/01/13 AGGREGATE s 10,000,000 DED I X I RETENTIONS 0 - S WORKERS COMPENSATION X V.0 SLIMITS OER AND EMPLOYERS'UABIUTYY 21WBN03209 01101/12 01/01/13 E.L EACH ACCIDENT S 1,000,000 D ANY PROPRIETOR/PARTNER/DCECUTIVE I/N I N/A 1,000,000 OFFICER/MEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE S (Mandatory In NH) 1,000,000 I(yyes dIPTIONunder E.L DISEASE-POLICY LIMIT S OES(:RIPTION OF OPERATIONS below E Professional Liab AEH288358005 08/27/11 08/27/12 Per Claim 6,000,00(1 Claim Made RETENTION: $200,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if rnore space is required) RE:Resolution C1112-006/CGA 11-4582 Executed Agreement City of Sunny Isles Bch is listed as additional insured with respects to general liability with repect to liability arising out of operations performed for the City by/or behalf of Consultant or acts/ or omissions of Consultant in connection with such operation(Contd) CERTIFICATE HOLDER CANCELLATION - SUNNYIS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sunny Isles Beach ACCORDANCE WITH THE POLICY PROVISIONS. Building Department 18070 Collins Avenue AUTHORIZED cREPRESENTATIVE�� Sunny Isles Beach,FL 33160 ` / /c24 . � "44 101988-2010 ACORD CORPORATION. All rights reserved. • ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SiB NOTEPAD: HOLDER CODE SUNNYIS CALVI-2 PAGE 2 • INSURED'S NAME Calvin,Giordano& OP ID:N6 DATE 01/PAGE if required by writen contract. SB L i °'`'-NUY''S,F City of Sunny Isles Beach 4-/ T, 18070 Collins Avenue 5.( _ . Sunny Isles Beach, Florida 33160 s9,---;- :6;;:c)�a � F' (305)947-0606 City Hall c'''o;. sus,+ "`'° (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Elka Linton-Dorsett, Capital Projects Manager DATE: 10/20/2016 A Resolution Approving the Sixth Amendment with Calvin, RE: Giordano &Associates, Inc. for the North Bay Road Bridge, Paving Design RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. REASONS: In July 2011, the City advertised and issued Request for Qualifications (RFQ) No. 11-07-01 for professional consulting services including but not limited to prime consultant services, permitting, and design development related to the Emergency Bridge Project. On December 15, 2011 via Resolution No. 2011-1817, the City Commission awarded RFQ No. 11-07-01 to and entered into an agreement with Calvin Giordano & Associates, Inc. to provide consulting and permitting services for the Emergency Bridge, in an amount not to exceed $562,594.00. On October 18, 2012 via Resolution No. 2012-1982, the City Commission approved the First Amendment to Agreement with Calvin, Giordano, and Associates, Inc., to provide consulting and permitting services for the Emergency Bridge Project, in a total amount not to exceed $34,644.75, bringing the total amount not to exceed to 107 $597,238.75. On January 17, 2013 via Resolution No. 2013-2016, the City Commission approved the Second Amendment to Agreement with Calvin, Giordano, and Associates, Inc., to provide a Topographic Survey to evaluate possible seagrass mitigation areas for the Emergency Bridge Project, in a total amount not to exceed $5,502.00, bringing the total amount not to exceed to $602,740.75. On February 20, 2014 via Resolution No. 2014-2195 the City Commission approved the Third Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., to provide final design and final permitting services for the completion of the Pedestrian and Emergency Vehicular Bridge, in an amount not to exceed $304,095.75, bringing the total amount not to exceed to $906,836.50. On November 19, 2015 via Resolution No. 2015-2495, the City Commission approved the Fourth Amendment to the Agreement with Calvin Giordano and Associates, Inc., to provide design modifications to the Pedestrian and Emergency Vehicular Bridge for Easement concerns, in an amount not to exceed $77,652.75, bringing the total amount not to exceed to $984,489.25. On April 21, 2016 via Resolution No. 2016-2540 the City Commission approved the Fifth Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., to provide Design, Survey, and Materials Testing as well as additional Construction Management and Inspection Services for the Pedestrian and Emergency Vehicular Bridge, in a total amount not to exceed $834,195.00 which included a 10% contingency, bringing the total amount not to exceed to $1,818,684.25. The City wishes to approve the Sixth Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., to provide additional Professional Landscape Architecture Services related to the North Bay Road Bridge Paving Design, in an amount not to exceed $12,085.50, and to ratify the previous expenditures under the Contract, in an amount not to exceed $94,479.27, attached hereto as Exhibit "A", bringing the total amount not to exceed to $1,925,249.02. FUNDING SOURCE: Funding account No 300-5-5390-465000-83001. ATTACHMENTS: Description Resolution Sixth Amendment to Agreement 108