HomeMy WebLinkAboutReso 2018-2780 RESOLUTION NO. 2018 - 2:7$0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND
AMENDMENT TO THE AGREEMENT WITH CALVIN,
GIORDANO AND ASSOCIATES, INC. FOR PROFESSIONAL
PLANNING AND ZONING CONSULTING SERVICES, IN 'AN
AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-ONE .
THOUSAND TWO HUNDRED NINETY-NINE DOLLARS AND
FIFTY CENTS ($141,299.50.), ATTACHED HERETO AS EXHIBIT
"A"; AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City issued and advertised RFQ No. 16-12-01 for Professional Planning
and Zoning Consulting Services, including Civil and Traffic Engineering and received two (2)
bids, and Calvin, Giordano, and Associates, Inc. represented to the City that it possesses the
requisite qualifications, expertise and licenses to perform all necessary work in connection with
these Services; and
WHEREAS, on January 19th, 2017 via Resolution No. 2017-2654 the City Commission
awarded RFQ No. 16-12-01 to, and authorize the City Manager to negotiate and enter into an
. Agreement with Calvin, Giordano, and Associates, Inc. for Professional Planning and Zoning
Consulting Services, providing that the agreement was first approved as to form and legal
sufficiency by the City Attorney; and
WHEREAS, on June 15`h, 2017 via Resolution No. 2017-2704 the City Commission
approved a First Amendment to the Agreement with Calvin, Giordano, and Associates, Inc., for
Professional Planning and Zoning Consulting Services, including Civil and Traffic Engineering
increasing the City Manager's spending authority by an amount not to exceed One Hundred Fifty
Thousand Dollars ($150,00.00.); and
WHEREAS, the City Commission now wishes to approve a Second Amendment renewing the
Agreement with Calvin, Giordano, and Associates, Inc., for Professional Planning and Zoning
Consulting Services, including Civil and Traffic Engineering in an amount not to exceed One
Hundred Forty-One Thousand Two Hundred Ninety-Nine Dollars and Fifty Cents
($141,299.50.), attached hereto as Exhibit "A", bringing the total contract amount not to exceed
Three Hundred Fifty-One Thousand Two Hundred Ninety-Nine Dollars and Fifty Cents
($351,299.50).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Second Amendment. The City Commission hereby approves a
Second Amendment renewing the Agreement with Calvin, Giordano, and Associates, Inc., for
Professional Planning and Zoning Consulting Services, including Civil and Traffic Engineering
in an amount not to exceed One Hundred Forty-One Thousand Two Hundred Ninety-Nine
R2017- First Amend to CGA Planning and Zoning Consult Agmt Page 1 of 2
Dollars and Fifty Cents ($141,299.50.), attached hereto as Exhibit "A", bringing the total contract
amount not to exceed Three Hundred Fifty-One Thousand Two Hundred Ninety-Nine Dollars
and Fifty Cents ($351,299.50).
Section 2. Authorization of Mayor. The Mayor is authorized to execute said First
Amendment.
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 18`h da •f Januar 2018.
George '. Scholl, Mayor
ATT h ST:
\Atraira-
t
Mauricio Betan•ur, CMC, City Clerk
APPROVED A TO FORM
AND :G•! j FFICIE Y:
• kg
Han•'ittinot,'City ttorney
Moved by: CMMC(Dl\1 (2 akTTO
Seconded by: �1CC 60(2)0,4i'
Vote: /
Mayor Scholl J (Yes) (No)
Vice Mayor Goldman V (Yes) (No)
Commissioner Aelion V (Yes) (No)
Commissioner Gatto a(Yes) (No)
Commissioner Svechin V (Yes) (No)
R2017- First Amend to CGA Planning and Zoning Consult Agmt Page 2 of 2
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`SUNNY/lit
"1"•:.-%s�= SECOND AMENDMENT TO THE AGREEMENT BETWEEN
\ o'; THE CITY OF SUNNY ISLES BEACH AND
�K CALVIN,GIORDANO&ASSOCIATES,INC.
CONTRACT NO.0312-041-2
This Second Amendment to the Agreement between the CITY OF SUNNY ISLES U,L4CH and
C VIN, GIORDANO & ASSOCIATES, INC, ("Consultant") executed this 4 day of
ri4U4-Iee ,2018,is made a part of the original Agreement between the parties dated February
2, 2017, Contrabt No. C0312-1617-026 ("the Agreement"), between the City and Consultant attached hereto
as Attachment"A" whose Federal Identification# is 65-0013869. The City and Consultant hereby agree as
follows:
1. TERM RENEWAL. The City hereby wishes to exercise its first option to renew the Agreement
for one(1)year in accordance with Section 3 of the original Agreement,incorporated herein by reference.
The original Agreement was entered into on February, 2, 2017. The renewal term shall commence on
February 1, 2018 and terminate no later than January 31, 2019. The City shall have an option to extend
this agreement for three (3) additional one (1)year renewal terms.
2. CONTINGENT SPENDING AUTHORITY. The City wishes to amend Section 4 of the Agreement
("Compensation"); to provide additional compensation in the amount of One Hundred Forty One Thousand
Two Hundred Ninety Nine Dollars Fifty Cents ($141,299.50)for services related to engineering plan review,
civil and traffic engineering, and compiling data and filling the National Pollutant Discharge Elimination
System Annual Report. The total contract amount inclusive of compensation herein is Three Hundred Fifty
One Thousand Two Hundred Ninety Nine Dollars and Fifty Cents($351,299.50).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,all terms
and conditions of the original Agreement between the parties dated February 2,2017,shall remain in full force
and effect.
4. CONFLICTING PROVISIONS. The terms, statements,requirements,and provisions contained in
this Second Amendment shall prevail and be given superior effect and priority over any conflicting or
inconsistent term, statement, requirement or provision contained in any other document or attachment,
including but not limited to Attachment"A".
IN WITNESS WHEREOF,the parties hereto have executed this document as of the date mentioned
above.
W ig SS: CALVIN,GIORDANO&
• ASSOCIAT" , INC
ignature I / _ - -
Thl � '\ BY:
11() �l 6S : . ,-----77---)al In-Charge
• Print Nam: ' / , n!S ro u�v
ATTES 1, CITY O.' SUN ISLES BEACH
SIV. dor/ __
BY: `i�i� � �I�V BY:
Maurici. Betanc r, CMC Geor:- H. Scholl,Mayor
City Clerk
APPROVED ASTO F S td • 1
LEGAL SU- .IEN It 1
BY: , i/II,
fans 0,er, if A 7r7
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•
P.-,: AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
•
AND CALVIN, GIORDANO & ASSOCIATES, INC.
��`' •"O'o
°,IVO CONTRACT NO. C0312-1617-026
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in duplicate, this 2)-° day of fes a.4 , 2017, by and between the
CITY OF SUNNY ISLES BEACH, Florida, (hereinafeir 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 l.D.# is 65-0013869. •
RECITALS
WHEREAS; the City is in need of a consultant to provide professional planning and
zoning consulting services, including civil and traffic engineering on an as needed basis
("Services"); and
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WHEREAS, the Consultant represents to the City that it possesses the requisite
qualifications,expertise and licenses to perform all necessary work in connection with Services;
and
WHEREAS,Consultant has expressed the ability and desire to provide these Services,as •
more particularly described in.RFQ No. 16-12-01 which is attached hereto as Attachment "B"
and incorporated herein by reference,subject to the terms and conditions contained herein;and
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services in a total amount not to exceed Sixty Thousand Dollars($60,000.00).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
• name, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement •
and made a part hereof for reference.
2. SERVICES. Consultant shall provide Services as more particularly described in RFQ
No. 16-12-01, which is attached hereto and made a part hereof as Attachment"B".
TERM. Subject to the provisions relating to the termination of this Agreement as set
forth.in Section 8 hereunder, this Agreement shall begin on February 1,2017 and shall terminate
no later than one (1) year thereafter. The parties shall have the option to extend this Agreement
for four(4)additional one(I)year renewal terms,based upon the City's exercise of these renewal
periods.
4. COMPENSATION. As the.entire compensation under this Agreement and during the
terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount
not to exceed Sixty Thousand Dollars ($60,000.00) for the performance of the stated Services.
Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with
this Agreement and the schedule of charges reflected in Attachment"A",and under the following
conditions:•
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C0312-1617-026—Calvin,Giordano ez Associates,Inc. S B
ATTACHMENT "A"
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160
(305) 947-0606 phone(305) 949-3113 Fax
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a. Disbursements. There are reimbursable expenses associated with this contract in
an amount not to exceed Eight Hundred Dollars ($800.00), which is included in
the not to exceed Compensation amount of Sixty Thousand Dollars ($60,000.00).
However, no additional reimbursable expenses are authorized without the express
written approval in advance from the City Manager or his designee.
b. Payment Schedule. Invoices received from the Consultant pursuant to this
Agreement will be reviewed by the initiating City Department. If Services have
been rendered in conformity with the Agreement, the invoice %will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
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c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Imroice. 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.
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
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C0312-1617-026—Calvin.Giordano&Associates,Inc. S B
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone(305) 949-3113 Fax
Consultant, other than those set forth in this Agreement. Consultant shall furnish its own
transportation,office and other supplies as it determines necessary in-carrying out its duties under
this Agreement.
• 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Consultant pursuant to this Agreement and related Services to this Agreement are intended
and represented for the ownership of the City only. Any other use by Consultant or other parties
shall be approved in writing by the City. If requested, Consultant shall deliver the documents to
the City within fifteen (15)calendar days.
7. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any
• work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Consultant against all loss, claims, damage and
liabilities caused by Consultant, its agents or employees, as indicated below:
❑ Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products,and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars($1,000,000)per occurrence and Two
Million Dollars aggregate during the initial and any renewal term of this
Agreement.
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Worker's Compensation and employer's liability coverage, as required pursuant
to Florida law.
❑ Umbrella insurance shall be required to purchase,maintain,and keep in full force,
effect, and in good standing above the primary liability policies required herein.
The limit shall not be less than One Million Dollars ($1,000,000.00) per
occurrence and annual aggregate per occurrence during the initial and any renewal
term of this Agreement.
❑ Professional Liability Insurance including Errors and Omissions with minimum
limits of One Million Dollars ($1,000,000.00) per occurrence.
Insurance required of the Consultant shall be primary to, and not contribute with,any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Consultant's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is
performed, and at any time upon request, Consultant shall furnish to the City certificates
of insurance evidencing the minimum required coverage and shall be appropriately
endorsed for contractual liability, with the City named as additional insured. All policies
shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms
and issued by insurance companies acceptable to the City Manager or his designee. All insurance
• policies and certificates of insurance shall provide that the policies may not be canceled or altered
without thirty(30)days prior written notice to the City. The City reserves the right from time to
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C0312-1617-026—Calvin,Giordano& Associates,Inc.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone(305) 949-3113 Fax
time to change the insurance coverage and limits of liability required to be maintained by
Consultant hereunder. Consultant shall also require and ensure that each of its sub-Consultants
providing services hereunder(if any)procures and maintains, until the completion of the services,
insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE
INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
8. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Consultant shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
• terminate for cause, the City shall notify the Consultant of its violation of the
particular terms of the Agreement and grant Consultant 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
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
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CO3 12-1617-026—Calvin,Giordano&Associates:Inc.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305)947-0606 phone(305) 949-3113 Fax
the City Manager be permitted to perform Services. In the event the designated employees are
removed by the Consultant, the Consultant shall immediately notify the City Manager or his
designee. Additionally, identification cards will be provided by the City at the Consultant's sole
cost and expense. Consultant shall ensure that all designated employees wear the City's provided
identification cards while performing Services.
10. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement
shall be governed by,construed and enforced in accordance with the laws of the State of Florida.
• Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes
necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and
the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the
pretrial,trial and appellate levels.
l I. 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,4ih Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160
Tel: (305)792-1702
If to the Shelley Eichner
Consultant: Principal In-Charge
Calvin, Giordano & Associates,Inc.
1800 Eller Drive, Suite 600
Fort Lauderdale, FL 33316
Tel: (954)921-7781
SEichner@cgasolutions.com
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CO3 12-1617-026—Calvin,Giordano&Associates,Inc.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone(305) 949-3113 Fax
13. PUBLIC RECORDS. The Consultant shall be required to comply with the following
requirements under Florida's Public.Records Law:
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(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,
0h Floor, Sunny Isles Beach, Florida 33160.
14. AUDIT. The Consultant shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Three(3) years.
15. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended,Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Consultant will take
affirmative action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following:hirine, upgrading, demotion,
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C0312-1617-026—Calvin,Giordano&Associates,Inc. S I B
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305)947-0606 phone (305) 949-3113 Fax
transfer, recruitment or recruitment advertising, layoff, termination,rates of pay or other forms of
compensation,and selection for training, including apprenticeship. The Consultant agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the City setting forth the provisions of this non-discrimination clause. The
Consultant agrees to comply with any Federal regulations issued pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination
against the handicapped in any Federally assisted program.
• 16. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-I 1.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder. •
The Consultant covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly which should conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the performance of this Agreement,no person
having any such interest shall knowingly be employed by the Consultant. The Consultant
guarantees that he/she has not offered or given to any member of,delegate to the Congress of the
United States,any or part of this contract or to any benefit arising therefrom.
17. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives,officers,directors,officials and employees from and against all claims,damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings)relating to,arising out of or resulting from the Consultant's negligent acts,
errors, mistakes or omissions relating to professional services in the performance of this
Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment,or destruction of tangible property including loss of use resulting therefrom,
caused by any negligent acts,errors, mistakes or omissions related to professional services in the
performance of this Agreement including any person for whose acts,errors, mistakes or omissions
the Consultant may be legally liable. The parties agree that One Hundred Dollars ($100.00)
represents specific consideration to the Consultant for the indemnification set forth in this
Agreement.
18. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority'having jurisdiction with respect
to this Agreement("Applicable Laws")and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
19. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede any other conflicting provisions that are contained in any other document, including
but not limited to Attachments "A" and "B". If there is a conflict or inconsistency between any
• term,statement,requirement,or provision of any exhibit attached hereto,including but not limited
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. C0312-1617.026—Calvin,Giordano&Associates,Inc. •
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305)947-0606 phone (305) 949-3113 Fax
to Attachments A' and "B", or any other document or events referred to herein, or otherwise
incorporated by reference, the term, statement, requirement, or provision contained in this
Agreement shall prevail and be given superior effect and priority
20. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall
nevertheless be binding upon the parties with the same effect as though the void or unenforceable
provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts,each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
(Remainder of page intentionally left blank/
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C0312-I617.026—Calvin,Giordano&Associates,Inc.
Ci 0.1 of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160
(305)947.0606 phone(305)949;3113 Fax
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in triplicate
on the day and year first written above:
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WITNESS: CALVIN, GIORDANO&
• ASSOCIATES, INC.
1(:),Lti , ciii.40/es
. . . .
. . .
. . .
Signature BY:
!rincipal In-Charge.
Duu)nnS
•
1,ervos
Print Name •
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• .
•
_ " •
4t;s(diV7Y•t.,:,:-.1 •••
II;I:AFTP$ r CITY Co!‘ ISLES BEACH
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' BY: Yd .. . •
•N-=
.Jane A.Nihs, 7 C, City Clerk Geor!, H. Scholl,Mayor'
• :V.
0 1" •
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APPROVED A T it FORM
. r
— AND L P el• , •7• CIENCY
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Calvin, Giordano 8 Associates, Inc.
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EXCEPTIONAL 5 0 L U T ION 51°
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PROFESSIONAL FEE SCHEDULE
Principal 215.00 LANDSCAPE ARCHITECT
Contract Administrator 190.00 Associate,Landscape Architect 165.00
• Project Administrator 165.00 Senior Landscape Architect 135.00
Executive Assistant/Clerical 75.00 Environmental Administrator 125.00
Landscape Architect 120.00
ENGINEERING EnvironmentalSpecialist 105,00
. Associate,Engineering(VI) 190.00 Landscape CADD Technician 95.00
Director,Engineering(') 175.00 EnvironmentalAssistant 90.00
Project Manager(IV) 150.00 Landscape Inspector/Arborist 105.00
Project Engineer(III) 130.00 Landscape Designer 120.00
Engineer(II) 110.00 Landscape Site Plan Reviewer 135.00
Building Code Services Jr.Engineer(I) 100.00
Coastal Engineering Senior CADD Tech Manager 115.00 INDOOR AIR QUALITYSERVICES
Code Enlacement CADD Technician 95.00 Sr.Environmental Scientist 125.00
Construction Engineering Permit Administrator 90.00 EnvlronmentaiScientist 100.00
and Inspection
DATA TECH DEVELOPMENT CONSTRUCTION
• ConstrucEan Services Associate,Data Tech 0ev. 165.00 Associate,Construction 165.00
Contract Government GIS Coordinator 145.00 Construction Management Director 135.00
Data Technologies GISSpecialist 125.00 Construction Manager 125.00
and Development Multi-Media 3D Developer 115.00 Senior Inspector 100.00
Emergency Management GIS Technician 100.00 Inspector 90.00
- Services Sr.Applications Developer 165.00 Construction Coordinator 90.00
Engineering Applications Developer 135.00
Environmental Services Network Administrator 155.00 EMERGENCY MANAGEMENT
System Support Specialist 115.00 Director 145.00
Facilities Management IT Support Specialist 85.00 Planner 105.00
Indoor Air Quality Assistant Planner 90.00
Landscape Architecture GOVERNMENTAL SERVICES
t6unielpaiEngineering Associate,VP 190.00 PLANNING
Director of Code Enforcement 145.00 Associate,Planning 175.00
Planning Director of Building Code 145.00 Director of Planning 150.00
Public Administration Project Manager 145.00 Planning Administrator 150.00
Redevelopment Grants Administrator 125.00 Planning Manager 145.00
end Urban Design Code Enforcement Field Supervisor 110.00 Senior Planner 125.00
Surveying end Mapping Code Enforcement field Inspector 90.00 Assistant Planner 90.00
Tr2tficEttgineeruig Building Official 115.00
Building Plans Reviewer 90.00 EXPERT WITNESS
Transportation Planning Building Inspector 90.00 Principal/Associate 330.00
Permit Processor 75.00 Regls tered Engineer/Surveyor 280.00
GSA Contract Holder .Project Engineer 230.00 '
SURVEYING
Associate,Surveying • 165.00
Senior Registered Surveyor 145.00
Survey Crew 135.00
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Registered Surveyor 130.00 in addition to the hourly rotes listed
• Survey Coordinator 105.00 above,charges will include direct
1600 Eller Drive CADDTechnician 95.00 out-of-pocket expenses such as
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Suite 600 3D Laser Scanner 355.00 reproduction,overnight mail,and
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Fort Lauderdale,FL Hydrographic Survey Crew 330.00 ' other reimbursobles billed at a
33316 G.P.5.5urveyCrew 155.00 multiplier of 1.25.
954.921.7781 phone Sub-meter G.P.S 75.00
954.921.8807 Ian Soft Dig(per hole) 480.00
Utility Locates(per hour) 205.00
Effective October 1,2014
w:nv.cgasolullons.com
FORT LAUDERDALE VEST PADA BEACH PORT ST.LUCIE HOVESTEAD TA:IIPA/CLEARWATER JACKSONVILLE ATLANTA 9 A`5
ATTACHMENT t'A"
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1/12/2018 Item Coversheet
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s�."NY iso
/.- rB City of Sunny Isles Beach
c 18070 Collins Avenue
T. Z Sunny Isles Beach, Florida 33160
, -Oa'J F1
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P:Or44t (305)947-0606 City Hall
`, '° (305)949-3113 Fax
! O, S.,.
1
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager .
FROM: Susan Simpson,Assistant City Manager
DATE: . 1/18/2018
RE: Second Agreement to the Agreement with Calvin,
Giordano&Associates, Inc.
RECOMMENDATION:
This items is presented for your consideration.
REASONS:
The City of Sunny Isles Beach contracted with Calvin, Giordano &
Associates, Inc. in February, 2017 for professional planning and
zoning consulting services, civil and traffic engineering services,
reporting for the National Pollutant Discharge Elimination System
(NPDES), and Public Works plan review.
The City wishes to exercise its first option to renew the Agreement for
one year in accordance with the terms and conditions of the original
contract. Compensation for this renewal term will be billed as needed
in an amount Not To Exceed an additional $141,299.50 for a total
contract amount of$351,299.50.
FUNDING SOURCE:
Funds are budgeted for and available in the following accounts:
001-0-0000-220300-00000-Zoning Deposits
001-4-5241-431000-00000-Planning &Zoning Professional Services .
400-5-5380-431000-00000-NPDES
110-5-5410-431000-00000- PW Engineering Plan Reviews
Item Number: 10.1.
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https://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=2286 1/1