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HomeMy WebLinkAboutReso 2017-2771 RESOLUTION NO. 2017- 277 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER -INTO A CONSULTANT AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES, INC. FOR CONSTRUCTION ENGINEERING INSPECTION SERVICES ON A STANDBY BASIS FOR THE STREETLIGHT PROJECT, PROVIDED SAID AGREEMENT IS FIRST APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in response to the City's Request for Qualifications No. 10-04-01 and via Resolution No. 2010-1583, Calvin, Giordano, and Associates, Inc. was one of the firms selected to perform professional engineering services for the City; and WHEREAS, the City is in need of an engineering firm to provide construction engineering inspection services relating to the Streetlight project; and WHEREAS, the City Commission wishes to authorize the City Manager to negotiate and enter into a consultant agreement on a standby basis with Calvin, Giordano and Associates, Inc. to provide construction engineering inspection services for the Streetlight project, provided said agreement is first approved as to form and legal sufficiency by the City Attorney. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization to Negotiate and Enter Into an Agreement. The City Commission hereby authorizes the City Manager to negotiate and enter into a consultant agreement on a standby basis with Calvin, Giordano, and Associates, Inc. to provide construction engineering inspection services for the Streetlight project, provided said agreement is first approved as to form and legal sufficiency by the City Attorney. Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 21' day of De•-mber, 117. George . Scholl, Mayor Page 1 of 2 ATTEST:/. • -Mauridio Bean , r, CMC, City Clerk ick • /-: APPRO VEDAS TO FORM AND LEGAL SUFFICIENCY: Hans •T i,s, e ity Attorney Moved by: CotkovKs-,00.610_ ATV) Seconded by: i 1 ek 49 6C— Vote: / Mayor Scholly (Yes) (No) Vice Mayor Goldman (Yes) (No) Commissioner Aelion ,,,/// (Yes) (No) Commissioner Gatto (Yes) (No) Commissioner Svechin ,1 (Yes) (No) Page 2 of 2 SvµNy S[ 1 ` !_ `1= AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND CALVIN, GIORDANO & ASSOCIATES, INC. ! �•i10 .0044 �� CONTRACT NO. 0312-147 THIS CONTRACTUAL AGREE�NT (hereinafter referred to as the "Agreement") is made in duplicate, this 611^day of 5,YGQv✓1..6&Y/ , 2018, by and between the CITY'OF SUNNY ISLES BEACH, Florida, (hereinafter 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 I.D. # is 65-0013869. RECITALS WHEREAS,the City is in need of an engineering firm to provide construction inspection services relating to the Collins Avenue AlA Decorative Streetlight Project ("Services"); and WHEREAS, in response to the City's Request for Qualifications No. 10-04-01, and Resolution No. 2017-2271, Consultant was the firm selected to perform professional engineering services for the City; and WHEREAS, Consultant has been approved by the Florida Department of Transportation ("FDOT") and has expressed the ability and desire to provide these Services subject to the terms and conditions contained herein; and WHEREAS,the City desires to contract with Consultant to provide the Services,as more fully described in Attachment "A" which is attached hereto and incorporated herein; and WHEREAS, the City desires to enter into an Agreement with Consultant to provide the Services in a total amount not to exceed One Hundred Seventy-Six Thousand Dollars ($176,000.00). 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 the Services as more particularly described in Attachment"A" attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 8 hereunder,the term of this Agreement shall begin upon the issuance of a Notice to Proceed from the City Manager or designee and shall terminate no later than eighteen (18) months thereafter. 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 One Hundred Seventy-Six Thousand Dollars ($176,000.00) for the performance of the stated Services. Payment to Consultant for all charges and tasks under this Agreement shall 0312-147 CGA.Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax be in accordance with this Agreement and the schedule of charges reflected in Attachment "A", and under the following conditions: a. Invoice Requirements. Consultant shall be required to submit detailed billing invoices, with each job detailing the number of hours performed, in order to be paid by the City. The dates and times the Services must be provided shall be mutually agreed upon by the City and Consultant. All Services to be performed by Consultant including the dates and times shall be directed through, and approved in advance by, the City Manager. b. Disbursements. There are reimbursable expenses associated with this contract as more particularly described in Attachment "A". However, no additional reimbursable expenses are authorized without express written approval in advance from the City Manager or his designee. c. 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. d. 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. e. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 2 0312-147 CGA.Inc. Ciry of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 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: ❑ 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. ❑ 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 3 0312-147 CGA.Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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 ten (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 4 0312-147 CGA.Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 own sole cost and expense through the City. The Consultant shall ensure that only their properly designated employees listed with 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, 4th Floor Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1766 5 0312-147 CGA.Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax If to the Dennis J. Giordano Consultant: President Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Tel: (954) 921-7781 SEichner@cgasolutions.com • 13. 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. 14. 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 331 15. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be 6 0312-147 CGA.Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "B". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 16. 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. 17. 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. 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 7 0312-147 CGA.Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 18. 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. 19. 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. 20. 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 Attachment "A". If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, including but not limited to Attachment "A", or any other document or events referred to herein, or otherwise incorporated by reference, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority 21. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 8 0312-147 CGA.Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. E. This Agreement contains the entire agreement of the parties,and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. F. If there is a conflict or inconsistency between any term, statement, requirement,or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement 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] 9 0312-147 CGA.Inc. City 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. S ature BY: Chris Giordano, Vice President c t.LA Print Name r = ATTEST: J- CITY OF SUNNY ISLES BEACH k91 AlOPY ' BY: \ 0 BY: `' . Maurici �Betanci r, CMC, City Clerk Christop r J. R sso, City Manager •yi rt. t .rt' APPROVED AS TO FORM AND LEGAL SUFFICIENCY v BY: !� A �/1� J BYJ/4 Department Head f Orinot, 'ity Attorney 10 0312-147 CGA.Inc. - Calvin, Giordano 8, Associates, inc. EXCEPTIONAL SOLUTIONS," December 19,2017 Ms.Claudia C.Hasbun,AICP Planning and Zoning Director City of Sunny Isles Beach 18070 Collins Avenue,3`d Floor Sunny Isles Beach,FL 33160 Building Code Services Coastal Engineering RE: AlA Decorative Lighting Project Code Enforcement Construction Engineering .1 and Inspection FDOT Financial Project: 430949-1-52-02 Construction Services County: Miami-Dade Contract Government Project Description: AlA Decorative Lighting from Bayview Drive to SR-856 Data Technologies and Development Emergency Management Services Dear Ms.Hasbun, Engineering Environmental Services We are pleased to submit this proposal and Scope of Work for Professional CEI Services on Facilities Management the above referenced project. Indoor Air Duality Landscape Architecture Municipal Engineering I. Professional CEI Services: The following scope is based upon 18 months of Planning Construction Time/Contract Time,and on total hours of 1,485 for the Senior Inspector and Public Administration 220 MH for the Construction Administrator.The man-hour estimate provided is based on Redevelopment limited understanding of how the contractor will approach the project and limited schedule and Urban Design information.It is CGA's understanding that a supplemental agreement will be executed to Surveying and flipping add more funds in the case the above listed man-hours are exhausted.Day-time work only is Traffic Engineering Transportation Planning anticipated.Any additional time beyond this will require an approved agreement.The anticipated scope of services include assistance with pre-construction activities and GSA Contract Holder coordination; and construction engineering observation services for AlA Decorative Lighting Project in the City of Sunny Isles Beach 1. Assistance during bidding process-Not Included. 1800 Eller Drive Suite 600 2. Construction Administration and Inspection Services Fort Lauderdale,FL 33316 954.921.7781 phone o Attend and participate in one(1)pre-construction meeting at Municipality 954.921.8807 fax location;record/prepare/distribute meeting minutes. www.cgasotutions.com o Schedule,attend and assist in conducting construction progress meetings at Municipality location for the duration of the construction project as well as prepare and distribute meeting minutes. FORT LAUDERDALE ATTACHMENT"A" • o Receive and coordinate through the EOR, interpretations and clarifications of the Contract Documents(RFI responses,plan revisions, and Work(Change) Directives prepared by the EOR).In connection therewith, assist in the review and processing of any work change directives or change orders o Receive, and coordinate processing of shop drawings,samples and other data which the Contractor is required to submit. o Perform CEI Services including field observations for compliance with plans and specifications; provide copies of observation reports to the EOR and City on a weekly basis.Make interim inspections for substantial and final completion(s)to determine, in general, if the work has been completed in conformance with the intent of the Contract Documents. o Ensure the Senior Inspector is present at all time when construction is taking place on the field as required by the FDOT/City of SIB Agreement. o Review,coordinate required revisions,and approve and payment application requests;processing of applications by City. o Attend and participate in meetings with the City, Contractor,Engineer and appropriate regulatory agencies when requested by the City and necessary for consultation and conferences in regard to construction of the project. o Receive,review and process Contractor's construction schedule(s),and schedule of values. 3. FDOT Coordination o Prepare bi-monthly construction reports as required per the FDOT/City of SIB Agreement. o Coordinate Construction Activities with Ms. Heidi Solaun the FDOT Assistant District Construction Engineer o Coordinating final inspections by FDOT as required per the FDOT/City of SIB Agreement. o Submit payment reimbursement packages to the FDOT on behalf of the City to ensure expedited reimbursement. o Coordinate contract modifications with FDOT as per the agreement between FDOT and the City of SIB. II.BASIS OF PROPOSAL o Any opinion of the construction cost prepared by Calvin,Giordano&Associates, Inc. represents its judgment as an engineering professional and is supplied for the general guidance of the CLIENT since Calvin,Giordano&Associates,Inc.has no control over the cost of labor and material,or over competitive bidding or market conditions. Calvin,Giordano&Associates,Inc. does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CLIENT. o Any outside engineering services,studies,or laboratory testing not specifically mentioned in the Scope of Services will be the responsibility of the CLIENT.All municipal,permit,and agency fees as well as Title Certificates will be paid by the CLIENT. o Basic services outlined within this proposal shall be considered complete when the project plans are submitted to the regulatory agencies for Certification. o Calvin,Giordano&Associates, Inc. is performing the consultant services set forth in this Agreement strictly as a professional consultant to CLIENT.Nothing contained in this Agreement shall create any contractual relationship between Calvin,Giordano&Associates, Inc. and any contractor or subcontractor performing construction activities on the project,or any of CLIENT`s other professional consultants. o Calvin,Giordano&Associates, Inc.shall not be responsible for the contractor's schedules or failure to carry out the construction in accordance with the construction documents. Calvin,Giordano&Associates,Inc.shall not have control over or charge of acts or omissions of the contractor,subcontractors,or their agents or employees,or of any other persons performing portions of the construction. o Calvin,Giordano &Associates, Inc. will require that all consultants carry proper insurance,including professional liability insurance, if appropriate. o Permit construction certification will include one partial and one final inspection. III. ADDITIONAL FEES: The following services are NOT included in this proposal and will be considered Additional Services,which will be addressed in a separate contractual agreement. The services include but are not limited to: o Architectural,structural (i.e.,retaining walls,bridges,and docks),mechanical (i.e.,fire pumps),fire protection,geotechnical and testing, environmental assessment,power, gas,telephone, cable television, site lighting services. o Calculations for needed fire flow for site demands, based on building type use and size, if required. o Calculations of off-site flood stages. o Off-site engineering and negotiations for off-site easements,if required(other than as specified in the Scope of Services). o Permit application or negotiation with permitting authorities other than those specifically listed herein. o Preparation of construction contract documents,other than drawings and technical specifications(e.g.,bid schedule,project manual). o Professional land surveying not included in the scope of services(i.e.,buried utility investigation,easement research,condominium documents,project stakeout and as-built drawings). o Professional services required due to conditions different from those itemized under the Scope of Services or due to events beyond the control of Calvin, Giordano &Associates, Inc. o Professional services required,due to changes in the site plan initiated by the CLIENT,their representatives or other consultants(e.g.,architects,landscape architects,etc.)after either design or preparation of the construction drawings has commenced. o Special shop drawing annotation and modification to expedite shop drawing approval process. o Updated boundary survey,site evaluation or closing assistance work,unless specified above. IV.REIMBURSABLE EXPENSES: Calvin,Giordano&Associates,Inc.and its consultants will be reimbursed for the printing of drawings and specifications, deliveries,Federal Express services,required travel time and travel expenses, long distance telephone calls,fax transmittals, postage,fees paid for securing approval of authorities having jurisdiction over the project, renderings,models and mock-ups required by CLIENT,as required.Reimbursable expenses and sub-consultant invoices will be billed directly to the CLIENT at a multiplier of 1.25. V.MEETING ATTENDANCE: Due to the difficulties of predicting the number or duration of meetings,no meetings other than those listed above,are included in the Schedule of Fees shown below.Preparation for and meeting attendance,as necessary, will be provided on a time and materials basis and will be billed at the standard hourly rates. VI. SCHEDULE OF FEES: Calvin,Giordano&Associates,Inc. will perform the Scope of Services for an hourly fee as shown in the proposed Schedule of Fees: Negotiated Schedule of Fees Position Hours Rate Total Construction Administrator 220 $125.00 $ 27,500.00 • Senior Inspector 1485 $100.00 $ 148,500.00 Total CEI Fees $176 000.00 VI. TERMS OF THE AGREEMENT o Calvin,Giordano&Associates, Inc. and the CLIENT agree by their signatures on this document that each party will not hire or attempt to hire any staff from the other party while under contract together. o CLIENT agrees to limit Calvin, Giordano,&Associates,Inc.'s liability for any and all claims that CLIENT may assert on its own behalf or on behalf of another, including but not limited to claims for breach of contract or breach of warranty,to the amount of fees paid to Calvin,Giordano&Associates, Inc.,pursuant to this Agreement. o In the event of termination in accordance with this Agreement or termination not the fault of Calvin,Giordano&Associates, Inc.,Calvin,Giordano&Associates, Inc.shall be compensated for services properly performed prior to receipt of notice of termination,together with Reimbursable Expenses then due. o Invoices for work accomplished to date will be submitted monthly and are payable within thirty(30)days.The CLIENT will pay invoices upon receipt and understands interest charges of 1.5%per month will be applied to any unpaid balance past thirty(30)days. Calvin, Giordano&Associates,Inc. may elect to stop work until payment is received. o The CLIENT or their representative shall be available to meet with Calvin, Giordano&Associates, Inc. and provide decisions in a timely manner throughout the course of the project.The CLIENT will provide all plans and other pertinent information,which are necessary for Calvin,Giordano&Associates,Inc.to provide complete professional services as outlined in this contract. o The terms of Agreement shall be valid for the Client's acceptance for a period of thirty(30)days from the date of execution by Calvin,Giordano&Associates, Inc. after which time this contract offer becomes null and void if not accepted formally(evidenced by receipt of an executed copy of this document). o This Agreement may be terminated by either party upon not less than thirty(30) days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. Failure of CLIENT to make payments to Calvin, Giordano&Associates, Inc., in accordance with this Agreement,shall be considered substantial nonperformance and cause for termination. VII.MISCELLANEOUS PROVISIONS o CLIENT and Calvin, Giordano&Associates,Inc.,respectively,bind themselves, their partners, successors,assigns,and legal representatives to the other party to this Agreement and to the partners,successors,assigns, and legal representatives of such other party with respect to all covenants of this Agreement.Neither CLIENT nor Calvin,Giordano&Associates, Inc.shall assign this Agreement without written consent of the other. o Unless otherwise provided,this Agreement shall be governed by the law of the place where the project is located. VIII.TERMINATION OF THE AGREEMENT o This Agreement may be terminated by either party upon not less than seven(7) days written notice should the other party fail substantially to perform in • accordance with the terms of this Agreement through no fault of the patty initiating the telmination.Failure of CLIENT to make payments to Calvin, Giordano&Associates,Inc., in accordance with this Agreement,shall be considered substantial nonperformance and cause for termination. o In the event of termination in accordance with this Agreement or termination not the fault of Calvin,Giordano&Associates, Inc.,Calvin,Giordano&Associates, Inc.shall be compensated for services properly performed prior to receipt of notice of termination,together with Reimbursable Expenses then due. We appreciate the opportunity to submit this proposal. Calvin, Giordano&Associates,Inc. is prepared with the necessary manpower to proceed with the proposed scope of services upon receipt of the executed authorization.Our personnel are committed to completing the project in a timely manner.Please indicate your acceptance of this proposal by signing below and returning one executed copy of the contract to this office.We look forward to working with you in making this project a success. Sincerely, CAL VIN,GIORDANO&ASSOCIATES,INC. Dlglully signed by Mohamed Mabrouk PE Mohamed Mabrouk PE ° ANS D AASSOCIAlESNC..c G MAW °rte dM a6 ou=CA` 092342.19200300.1°Q1.1=A01 O97C0009015EICEFD84O00011545 Date:2017.12.19 1938:56-O59O' Moe Mabrouk,PE Director of CEI Operations S:7HY t� .. ,r CONTRACTOR ANTI-BOYCOTT CERTIFICATION p�q wA 1.M9 [PURSUANT TO FLORIDA STATUTE§2L5,47251 , on behalf of Print Name Company Name certifies that does not: Company Name 1. Participate in a boycott of Israel;and 2. Is not on the Scrutinized Companies that Boycotilsrael list;and 3. Is not on the Scrutinized Companies with Activities in Sudan List;and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria, Signature • Title Date ATTACHMENT "B" Calvin, Giordano Associates, Inc. Letter of \, 1.6 EXCEPTIONAL SOLUTIONS' Transmittal ❑ Fort Lauderdale Office• 1800 Eller Drive•Suite 600• Fort Lauderdale, FL 33316•954.921.7781(p) •954.921.8807(f) ❑West Palm Beach Office•580 Village Boulevard •Suite 325 •West Palm Beach, FL 33409• 561.684.6161(p)•561.684.6360(f) Date: September 12,2018 Project 0312-147 No.: To: Office of the City Clerk Re: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach,FL 33160 Luz Rey Attn: Senior Office Assistant We are sending you: ❑Shop Drawings 0 Prints 0 Plans 0 Samples ❑Specifications ❑ Copy of Letter 0 Change Order ❑.Email ❑ Other No. Date Copies Description These are transmitted as checked below: ❑ For Approval 0 Approved as submitted 0 Resubmit copies for approval ❑ For your use 0 Approved as noted 0 Submit copies for distribution ❑As requested 0 Returned for corrections 0 Return corrected prints. ❑ For review and comment 0 Other:(Indicated Below) ❑ FOR BIDS DUE 0 Prints returned after loaned to us Remarks: We are transmitting to you via: ❑ Hand Delivered 0 For Pickup 0 Courier x Fed-ex 0 USPS 0 Other Copy To: From: Chris Giordano,Vice President Revised:08/29/2015 r 1 �....0.% SAFELLC-01 LNORTZ ACORL' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 4.------ 09/12/2018 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME: RBN Insurance Services PHONE FAX 303 E Wacker Dr. (NC,No,Ext):(312)856-9400 (A/c,No):(312)856-9425 Suite 650 A ADDDREDRE SS: Chicago,IL 60601 INSURER(S)AFFORDING COVERAGE I NAIC# I INSURER A:Hartford Acc.&Indemnity Co. 122357 INSURED I INSURER B:Hartford Fire Insurance Co. 119682 Calvin,Giordano&Associates,Inc. INSURERc:Navigators Insurance Company 142307 1800 Eller Drive Suite 600 INSURER D:Twin City Fire Insurance Co. 129459 Fort Lauderdale,FL 33316 I INSURER E:Great American E&S Ins.Co. 137532 I INSURER F: I 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR FF POUCY EXP LS I TYPE OF INSURANCE NSD ISWVD I POUCY NUMBER IMM/DD//UCYYYYYI IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE I$ 1,000,000 CLAIMS-MADE X OCCUR 83UENZV3951 10/03/2017 10/03/2018 DAMAGE TO RENTED 800,000 PREMISES(Ea occurrence) S MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY S 1,000,000 h'L AGGREGATE LIMIIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY jECT I LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO 83UENZV5555 02/11/2018 02/11/2019 BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS�� ONLY AUTOSBODILYBODILY INJURY(Per accident)I$ X AUTOS ONLY X AUUTOS ONLYY (PerPaccidentDAMAGE $ I$ C UMBRELLA LAB X OCCUR EACH OCCURRENCE S 10,000,000 X EXCESS LAB ` CLAIMS-MADE CHI7EXC885600IV 10/03/2017 10/03/2018 AGGREGATE $ 10,000,000 DED X I RETENTION S 0 $ D AND EMPLOYOMPENSATION ERS'LIABIUTY Y/N X I STATUTE I I EP- I ,ANY PROPRIETOR/PARTNER/EXECUTIVE 83WECE0623 05/12/2018 05/12/2019 I 1,000,000 FFICER/MEMgER EXCLUDED? N/A E.L.EACH ACCIDENT 5 Mandatory In NH) 1,000,000 E.L.DISEASE-EA EMPLOYE $ It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S E Professional Liab TER 317-77-89 10/03/2017 10/03/2018 Each Claim/Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Contract No.0312-147 City of Sunny Isles is named as additional insured on a primary and non-contributory basis as respects the general liability if required by written contract. Waiver of subrogation applies to workers compensation,general liability,and auto liability when required by written contract.30 days notice of cancellation except 10 days for non payment. CERTIFICATE HOLDER CANCELLATION 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. 18070 Collins Avenue Sunny Isles Beach,FL 33160 AUTHORIZED REPRESENTATIVE I 1-77___L.„......1.____,_ ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD