HomeMy WebLinkAboutReso 2013-2016 RESOLUTION NO. 2013 - 2.0140
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE SECOND
AMENDMENT TO AGREEMENT WITH CALVIN GIORDANO
AND ASSOCIATES, INC. FOR CONSULTING AND PERMITTING
SERVICES FOR THE EMERGENCY BRIDGE PROJECT TO
INCLUDE A TOPOGRAPHIC SURVEY FOR SEAGRASS
MITIGATION AREAS WITHIN THE CITY, IN AN AMOUNT NOT
TO EXCEED FIVE THOUSAND FIVE HUNDRED TWO
DOLLARS ($5,502.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID
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, a Topographic Survey now needs to be prepared to evaluate possible
seagrass mitigation areas within the City for the Emergency Bridge Project; and
WHEREAS, Calvin Giordano and Associates, Inc. has expressed its ability and desire to
provide these services subject to the terms and conditions contained within the Second
Amendment to Agreement; and
WHEREAS, the City wishes to approve 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), attached hereto as Exhibit "A", bringing the
total amount not to exceed to Six Hundred Two Thousand Seven Hundred Forty Dollars and
Seventy-Five Cents ($602,740.75); and
R2013-CGA 2nd Amendment to Agmt Emergency Bridge Page 1 of 2
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approving the Second Amendment to Agreement. The Second Amendment to
Agreement with Calvin, Giordano, and Associates, Inc., to provide a Topographic Survey for
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), attached hereto as Exhibit "A",
be and the same, is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
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 17th day of January 2013.
#11V
N%rman S. Edelcup, M.yor
ATTEST:
Jane A. Hines, CMC, City Clerk
APPRO D AS TO FORM
AND LEI A . SUFFICIENCY:
A6, r�not, ity Attorney
Moved by: cp y s c IO N)E.12 cc4OLL
Seconded by: et!)PAirywz. tpii*r,Q 6 c'TT t)
Vote: S-b
Mayor Edelcup _LAYes) (No)
Vice Mayor Aelion ✓(Yes) (No)
Commissioner Gatto ✓(Yes) (No)
Commissioner Levin ✓ (Yes) (No)
Commissioner Scholl V(Yes) (No)
R2013-CGA 2"d Amendment to Agmt Emergency Bridge Page 2 of 2
IT SECOND AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND
CALVIN, GIORDANO & ASSOCIATES, INC.
CONTRACT NO. C1112-074
This Second Amendment to the Agreement between the City of Sunny Isles Beach and Calvin,
Giordano & Associates, Inc., executed this day of January, 2013, is made a part of the original
Agreement between the parties dated December 15, 2011 attached hereto as Attachment "B" and
incorporated herein by reference, (the `Agreement") between the City of Sunny Isles Beach ("City") and
Calvin, Giordano & Associates, Inc.. ("Consultant") a business corporation licensed in the State of
Florida, whose Federal Identification # is 650013869. 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 services to he performed by the Consultant related to the
Emergency Bridge Project to include a North Bay Road Bridge Mitigation Site Topographic Survey, as
more thoroughly described in Attachment "A", which is attached hereto and incorporated herein by
reference.
2. COSTS. The total compensation to the Consultant, as set forth in Section 4 of the Agreement, is
hereby amended to include additional compensation in an amount not to exceed Five Thousand Five
Hundred Two Dollars ($5,502.00) for professional government consulting services, bringing the total
amount not to exceed Six Hundred Two Thousand Seven Hundred Forty Dollars and Seventy-Five Cents
($602,740.75).
3. 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, as well as
the First Amendment to the Agreement dated October 18, 2012, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned
above.
WI 'WIS .SS: CALVIN, GIORDANO & ASSOCIATES, INC
gnature
,; tats tU OS BY: \ I IC.est„,
Print Name Sign ure and Tits?—/
ATTEST: • CIT ' S F . UNNY L S BEACH/��
BY: Qn.1 •L ../ BY A4 , !! ;� �LG •
Jane A. Hines, CMC, City Clerk N' an S. Edelcup, Mayor
APPROVE 0 FORM AND
: . LEGAL . Y
. • BY: s /,
-aneriffirt, City Attorney
CI 112-074 SECOND AMENDMENT TO CALVIN,GIORDANO AND ASSOCIATES. INC.
F • A 'j Calvin, Giordano & Associates, Inc.
E % C E P T I 0 N A L S O L U T I O N S
January 15, 2013
Mr. Chris Russo
• City Manager
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach. Florida 33160
Re: Work Authorization No. 149
North Bay Road Bridge Mitigation Site Topographic Survey
CGA Proposal No. 13-5572
• Mr. Chris Russo,
Enclosed for your review and approval is Work Authorization No. 149 for the
above referenced project.
Building Code Services
Code Enforcement
Construction Engineering&
Inspection Should you have any questions concerning this matter, please feel free to contact
Construction Services me at your convenience.
• Contract Government
Data Technologies&
i Development
Emergency Management Sincerely,
Services
Engineering
Governmental Services
Indoor Air Quality CALVIN,GIORDANO & ASSOCIATES, INC.
Landscape.Architecture&
Environmental Services
Municipal Engineering
Planning
Public Administration Dennis J. Giordano
Redevelopment&Urban President
Design
Surveying&Mapping
Transportation Planning&
Traffic Engineering
Utility&Community
Maintenance Services
1800 Eller Drive.Suite 600
Fon Lauderdale,FL 33316
Phone:954.921.7781
Fax:954.921.8807 . Attachment "A" I f)
www.calvin-giordano.com
Fort Lauderdale West Palm Beach Port St.Lucie Homestead Clearwater Jacksonville Atlanta
Work Authorization No.149
January 15,2013
Calvin,Giordano&Associates,Inc.Proposal No.13-5572
CITY OF SUNNY ISLES BEACH
North Bay Road Bridge Mitigation Site Topographic Survey
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 Surveying Services
A. Topographic Design Survey
1. Calvin Giordano and Associates, Inc. (CGA) shall prepare a
Topographic survey for design of a proposed seagrass mitigation area
located in the waterway between Bayview Drive and Kings Point
Drive west of Collins Ave south of Royal Palm Island in the City of
Sunny Isles Beach. The survey shall be performed in accordance with
Rule 5J-17.050 of the Florida Administrative Code (F.A.C.).
2. Limits of the survey are from the south seawall to the north seawall
and from the east end of the waterway west 450 feet.
3. Services shall include field location of all existing visible site
improvements from the landward edge of the seawall to landward edge
of seawall and limits of the mangrove areas. CGA shall determined
elevations within the waterway,on a plus or minus 50-foot grid.
Elevations relative to the North American Vertical Datum of(NAVD
88) shall be Two (2)on-site benchmarks shall be established two
permeate control points.
4. A certified survey drawing shall be prepared in AutoCAD and six(6)
copies of the survey drawing shall be submitted as deliverables.
5. Investigate the depths and water quality of the Atlantic Islands center
tidal pond. The investigation will include cross sectional soundings of
the area landward of the Atlantic Avenue Bridge.
2. BASIS OF COMPENSATION
Work Authorization No.149
January 15,2013
Calvin,Giordano&Associates,Int.Proposal No.13-5572
Hourly rates with an estimated fee of$5,240.00 plus reimbursables at $262.00 with
a total not to exceed amount of$5,502.00. Payments to be made monthly.
3. SUBMITTED C
Submitted by: Date: // �✓ —13
CALVIN, RDANO&ASSOCIATES,INC.
4. APPROVAL
Approved by: Date:
Chris Russo,City Manager
•
"1
Work Authorization No.149
January 15,2013
Calvin,Giordano&Associates,Inc.Proposal No.13-5572
CITY OF SUNNY ISLES BEACH
WORK AUTHORIZATION ESTIMATE DATE January 15,2013
WORK AUTHORIZATION NO. 149
PROJECT NAME North Bay Road Bridge Mitigation Site
Topographic Survey
DESCRIPTION Topographic Survey
ESTIMATED DESIGN TIME 0
ESTIMATED CONSTRUCTION TIME 0
ESTIMATED CONSTRUCTION COST $0.00-
TITLE RATE HOURS COST
Survey Crew $135.00 38.814815 $5,240.00
$5,240.00
SUB-CONSULTANTS COST
LABOR SUBTOTAL S',240.00
REIMBURSABLE SUBTOTAL $262.00
TOTAL $5,502.00
Reviewed by:
Chris Russo,City Manager
U 1
•
•
4; CITY OF SUNNY ISLES BEACH
• AGREEMENT WITH CALVIN, GIORDANO
& ASSOC. INC. CONTRACT NO. C1112-006
THIS AGREEMENT,entered into this 1 S day of .1etemW:;er- 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 (PS-e01734{641
RECITALS
WHEREAS, the City is in need of professional government consulting 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
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 and the schedule of
charges reflected in Attachment"A"and under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
Attachment "B"
CI II 2-006 Calvin.Giordano and Assoc:uw
•
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
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 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:
Page 2 of 8
CI 1 12-006 Calvin.Giordano and Asada es
(a) General liability insurance with limits of One Million Dollars
(S 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
Page 3 of 8
❑111-006 Cahia.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 EOUIPMENT. 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,
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 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.
(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 4of8 _cif 11-006 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-fir-any-reason whatsoever;disclose to any
person or entity, other than in the discharge of the duties of the Consultant under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Consultant of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for
violating such provisions.
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 _ _ ,
CII12-006 CaM n.Giordano and Afl0Claf[l
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,Tide 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
affimtative-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.
Page6of8
C7112406 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.]
Page 7 of 8
CI I12-006 Calvin.Giordano and Associates
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first written above.
WI l ,;}, CALVIN, TES, INC.NO AND
ASSOCIATES, IN
�/
rinature
CI\HS &,ordc BY:
Print Name Signature &Title
WITNESSES:
Qi S rr 1
()DLL C WtisSND
Print Name
ATTEST: CITY OF SUNNY ISLES BEACH
g� _1_ : / _,
•.BY: is
• . Jane A. Hine4;C'rMC, City Clerk No an S. Edelcup. Mayor
APPROVED AS TO FORM AND
LEGAL SUF CI NCY
BY: Afr I _,
Jr rot,City Attorney
Page 8 of 8
CIII 2-006 Calvin.Giordano and Auocarn
/ "N CALV1.2 OP ID: PA
AC CI? CERTIFICATE OF LIABILITY INSURANCE OAT 02/04D/YYYy)
02104113
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).
PRODUCER 954-776-2222 NOONEACT
Brown&Brown of Florida,Inc. PHONE FAx
g54 776-0446
1201 W Cypress Creek Rd#130 rat,Eat): 1(A/C,No):
P.O.Box 5727 E-MAIL
Ft.Lauderdale,FL 33310-5727 ,ADDRESS:
Stephen E.Patton,AA( INSURER(S)AFFORDING COVERAGE I NAIL d
INSURER A:Hartford Casualty Ins. Co 129424
INSURED Calvin, Giordano& INSURER a:Hartford Ins Co of Midwest 137478
Associates,Inc. INSDRERC:American Guar&Liab Ins Co 26247
Attn:Eller Drive#Dennis Giordano 600o
1800 INSURER 0:Hartford Fire Insurance Co. 19682
1800
Ft. Lauderdale,FL 33316 INSURER E:Continental Casualty Company 20443
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.EFF MI TYPE OF INSURANCE I NSR Swr,Rll POLICY NUMBER I(MMIDOYM'YY) (MMIOD(DlYYWI I IASITS
GENERAL LIAnn IT' EACH OCCURRENCE s 1,000,000
A X I COMMERCIAL GENERAL LIABILITY X X 21UUNLK3645 01/01/13 01/01/14 DAMAGISETORENTED n 300,000
PREMES�Ea omrerrel s
1 I CLAIMS-MADE X OCCUR MED EXP(Any one person) S 10,000
PERSONAL&ADV INJURY S 1,000,000
GENERAL AGGREGATE S 2,000,000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG 5 2,000,000
GENII
I R I PRa �LOC I 5
1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
(Ea woolen() 5
B X ANY AUTO X 21UENJB7000 01/01/13 01101/14 BODILY INJURY(Per person) 5
X ALLOWNED 1 SCHEDULED BODILY INJURY(Per aodent) 5
FUTOS NON-O
X HIRED AUTOS X AUTOSTIED I(Permo PROPERTY D:AI:.GE 5
A(TOS (Per aoolent)
X C011$1000 X Comp 51000 I s
X 1 UMBRELLA UAE I X I OCCUR ( I EACH OCCURRENCE $ 10,000,000
C EXCESS LWa I I CLAIMS-MADE AUC594612804 01/01/13 01/01/14 1 AGGREGATE $ 10,000,000
I DED I X I RETENTIONS 01 I I $
WORKERS COMPENSATION V✓CSTATU- OWl-
AND EMPLOYERS'I JAM fly X TORY LIMITS ER
D ANY PRDPRIETORIPARTNERIEXECUTIVE YIN NIA X 21WBN03209 01101113 01101/14 E.L.EACH ACCIDENT 5 1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 5 1,000,000
II yes.describe waver .
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 1,000,000
E Professional Liab !AEH288358005 08/27/12 08127/13 Per Claim 5,000,000
Claim Made RETENTION: 5200,000 Aggregate 5,000,000
' DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It more space Is required)
RE:Auth No.149 North Bay Road Bridge Mitigation Site Topographic Survey
CGA Proposal No.13-5572
City of Sunny Isles Beach is listed as additional insured with respects
to general liability with respect to liability arising out of operations
performed for the City by/or behalf of Consultant or acts/ (SEE NOTES...)
CERTIFICATE HOLDER CANCELLATION
SUNNYIS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Sunny Isles Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
tY Y ACCORDANCE WITH THE POLICY PROVISIONS.
Building Department
18070 Collins Avenue,4 Floor AUTHORIZED REPRESENTATIVE
Sunny Isles Beach, FL 33160 ' / /0. /
C)1988-2010 CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
NY C ill'C Commission
4r IS<,, City of Sunny Isles Beach Norman S.Edeleup..l/m-ur
° 18070 Collins Avenue Isaac Aeliun.flee Mai ur
A Jeanette Gallo. Commissioner
° Sunny Isles Beach. Florida 33160 Jennifer Let in.('umnueunner
(305)947-0606 City Hall Grurgt"Rud"Scholl.Cununrssmnrr
(305)949-3113 Fax Christopher J.Ruew,City Manager
i, D➢r R,0'44e 305 947-2150 Building Department• Fto ( ) 8 P Hans Ott.(. C'irr damage,'
qr „o (305)947-5107 Fax .lane A.Hines.(Alt.rite C7er1
' or S V+
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Helen (fray. PE. City Engineer
DATE: January 17. 2013
RE: Resolution approving the Second Amendment to the Agreement with Calvin
Giordano and Associates, Inc. to Provide for Consulting and Permitting Services
for the Emergency Bridge
RECOMMENDATION:
It is recommended that City Commission adopt the resolution approving the Second
Amendment to the Agreement with Calvin Giordano and Associates. Inc.
REASONS:
In July of 2010. when the original contract with Calvin Giordano and Associates. Inc. was
negotiated and subsequently approved. there were several tasks or subtasks that had been
removed from the overall scope of work as directed by the City. Given requirements for
environmental mitigation for those project elements that affect sea grasses, it is necessary to
complete additional services related to environmental mitigation required for permits.
Work Authorization No. 149 Mitigation Site Topographic Survey
The original contract and subsequent amendment for the bridge design did not include
hydrographic surveying services needed to evaluate possible mitigation areas within the City.
Suitability of seagrass mitigation areas are generally a function of water depth and water quality.
This work authorization obtains needed data to determine if either the Atlantic Isles lagoon or the
eastern terminus of the canal between Bayview Drive and Kings Points Drive west of Collins
Avenue are suitable candidates for seagrass mitigation areas. In an amount not to exceed
55502.00
FUNDING SOURCE:
Funding is available in account no. 20-600-5651. �
Agendal t al I O At
Date t — I,- 13
•
C,sNY ts4, City of Sunny Isles Beach City Commission
Y Y Norman S.Edelcup,Mayor
F 18070 Collins Avenue Isaac Aelion,Vice Mayor n Jeanette Gatto, Commissioner
u = Sunny Isles Beach, Florida 33160 Jennifer Levin,Commissioner
(305)947-0606 City Hall George"Bud"Scholl,Commissioner
` ** (305)949-3 113 Fax Christopher J.Russo,City Manager
. �* �\a s.,,' (305)947-2150 Building Department
�� F I.0 0 (305)947-5107 Fax Hans Ottinot,City Attorney
TY OF sU$ r� ( ) Jane A.Hines,CMC,City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Helen Gray, PE, City Engineer
DATE: January 17, 2013
RE: Resolution approving the Second Amendment to the Agreement with Calvin
Giordano and Associates, Inc. to Provide for Consulting and Permitting Services
for the Emergency Bridge
RECOMMENDATION:
It is recommended that City Commission adopt the resolution approving the Second
Amendment to the Agreement with Calvin Giordano and Associates, Inc.
REASONS:
In July of 2010, when the original contract with Calvin Giordano and Associates, Inc. was
negotiated and subsequently approved, there were several tasks or subtasks that had been
removed from the overall scope of work as directed by the City. Given requirements for
environmental mitigation for those project elements that affect sea grasses, it is necessary to
complete additional services related to enviromnental mitigation required for permits.
Work Authorization No. 149 Mitigation Site Topographic Survey
The original contract and subsequent amendment for the bridge design did not include
hydrographic surveying services needed to evaluate possible mitigation areas within the City.
Suitability of seagrass mitigation areas are generally a function of water depth and water quality.
This work authorization obtains needed data to determine if either the Atlantic Isles lagoon or the
eastern terminus of the canal between Bayview Drive and Kings Points Drive west of Collins
Avenue are suitable candidates for seagrass mitigation areas. In an amount not to exceed
$5,502.00
FUNDING SOURCE:
Funding is available in account no. 20-600-5651.
Agend�a�hY�i��
t I 0 t
Date 1 - 11- 1