HomeMy WebLinkAboutR-2008-195 Lift Station Impr#15 RESOLUTION NO. 2008-195
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING
THE CITY MANAGER TO PURCHASE SERVICES FROM CALVIN,
GIORDANO AND ASSOCIATES FOR LIFT STATION IMPROVEMENTS
RELATING TO THE REHABILITATION OF LIFT STATION#15; PROVIDING
THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED TWENTY
EIGHT THOUSAND EIGHT HUNDRED DOLLARS($28,800.00); PROVIDING
FOR FUNDING;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA:
Section 1. That that certain agreement with Calvin Giordano and Associates in an
amount not to exceed twenty eight thousand eight hundred dollars ($28,800.00) for Lift Station
improvements relating to the rehabilitation of Lift Station#15,with the proposal in substantial form
as Exhibit"A", attached, is approved and the appropriate City officials are authorized to execute it
and related contract documents.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the agreement for such services which are deemed necessary and in the best interest of
the City of Dania Beach.
Section 3. That the funding of this project shall be derived from State Revolving Loan.
Section 4. That all resolutions in conflict with this Resolution are repealed to the extent
of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on October 14, 2008.
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L ERT C. JONE
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LOU RE STILSON, C C
CITY CLERK
APPROVED AS T F RM AND CO
BY:
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TMMA#J.IARSBRO
CITY ATTORNEY
AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on October 3, 2008,
between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation, (the "City") and
Calvin, Giordano & Associates. Inc. (the "Consultant").
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and other good and valuable consideration, the adequacy and receipt of which are
acknowledged, the parties agree as follows:
1. Scope of Services. The Consultant agrees to perform consultant services for the
City in accordance with the scope of services described in Exhibit "One", a copy of which is
attached and made a part of this Agreement by this reference. The Parties acknowledge and
agrees that services are to commenced or will commence on CgfO ! ;Z ,? and that
that date is the effective date and commencement date of the services.
2. Subcontracts. Consultant may subcontract certain items of work. It is expressly
agreed by the parties, however, that the City shall approve in advance in writing any
subcontractors and the fees to be paid them by Consultant prior to any such subcontractor
proceeding with any such work.
3. Payment for Services.
A. City agrees to pay Consultant for services provided by Consultant, as
described in Section 1, an agreed upon lump sum amount of Twenty Eight Thousand Eight
Hundred Dollars ($28,800.00) (the "Fee"). The Fee includes full payment, including all labor,
overhead and other costs. No travel and meal costs are reimbursable unless incurred outside of
Miami-Dade, Broward and Palm Beach Counties, approved in writing in advance by the City.
Any such costs are payable at the City reimbursement rate.
B. Any necessary additional work, as determined by City, which is not
covered by the scope of services described in the attached Exhibit "One", shall not be undertaken
without a written amendment to this Agreement to that effect, executed in advance by both
parties.
C. Consultant shall submit its invoices in the format and with supporting
documentation as may be required by City.
D. City shall pay Consultant monthly for services rendered within thirty (30)
calendar days from date of approval of each of Consultant's invoices by the City Manager. If
any errors or omissions are discovered in any invoice, City will inform Consultant and request
revised copies of all such documents. If any disagreement arises as to payment of any portion of
an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by
promptly conferring to resolve the disputed portion.
E. Any invoice which is not timely paid as prescribed above will be subject
to the accrual of interest at the statutory rate prescribed by applicable Florida law.
4. Indemnification of City.
A. Consultant agrees to indemnify and hold harmless the City for all costs,
losses and expenses including, but not limited to, damages to persons or property including, but
not limited to,judgments and attorneys' fees arising out of the negligent acts, errors or omissions
or the willful misconduct of the Consultant, its agents, servants or employees in the performance
of services under this Agreement. If called upon by the City, the Consultant shall assume and
defend not only itself, but also the City, in connection with any suit or cause of action arising out
of the foregoing, and such defense shall be at no cost or expense whatsoever to the City. This
indemnification does not extend to acts of third parties who or which are wholly unrelated to
Consultant. The covenants and representations relating to this indemnification provision shall
survive the term of this Agreement and continue in full force and effect as to Consultant's
responsibility to indemnify the City.
B. It is specifically understood and agreed that the consideration inuring to
the Consultant for the execution of this Agreement consists of the promises, payments,
covenants, rights and responsibilities contained in this Agreement.
C. The execution of this Agreement by the Consultant shall obligate the
Consultant to comply with the foregoing indemnification provision; however, the collateral
obligation of providing insurance must be also complied with as set forth below.
5. Insurance. Consultant shall provide, pay for and maintain in force at all times
during the term of this Agreement, such insurance, including professional liability insurance,
Workers' compensation insurance and comprehensive general liability insurance as stated below:
A. Professional liability insurance with minimum limits of liability of One
Million Dollars ($1,000,000.00) to assure the City of coverage of the
indemnification specified in this Agreement.
B. 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, for the benefit of the Consultant's
employees.
C. Comprehensive general liability insurance, including contractual, with
minimum limits of One Million Dollars ($1,000,000.00) per occurrence,
combined single limit for bodily injury liability and property damage
liability. The City is to be included as an "additional insured" with respect
to any claims arising out of this Agreement.
D. Automobile Liability with minimum limit of One Million Dollars
Page 2 of 8
($1,000,000.00) combined single limit.
E. If Consultant hires a subcontractor for any portion of any work, then such
subcontractor shall provide general liability insurance with minimum
limits of liability of One Million Dollars ($1,000,000.00).
F. The Consultant shall provide the Risk Manager of the City Certificates of
Insurance for coverages and policies required by this Agreement. All
certificates shall state that the City shall be given thirty (30) days' advance
notice prior to expiration or cancellation of any policy. Such policies and
coverages shall not be affected by any other policy of insurance which the
City may carry in its own name. All certificates (of insurance) must
clearly identify the contract to which they pertain, including a brief
description of the subject matter of the contract.
6. Assi¢nment of Agreement.
A. It is understood and agreed by both parties that this Agreement, in whole
or in part, cannot be assigned, sublet or transferred by the Consultant without the prior written
consent of City. The City is relying upon the apparent qualifications and expertise of
0 60f�2 ���� one of Consultant's principals, and such person's
familiarity with the City's circumstances and desires. In the event Consultant wishes to re-assign
or replace such individual, the Consultant shall tender substitutes acceptable to City. In the event
the City is not, for any reason or no reason at all, satisfied with such substitute, Consultant shall
be considered in breach of this Agreement. Violation of the terms of this paragraph shall
constitute a breach of Agreement by Consultant and City may, at its discretion, terminate this
Agreement for cause and all rights, title and interest of Consultant in this Agreement shall then
cease and terminate.
B. The Consultant acknowledges, understands and agrees that its
performance under this Agreement is or may be contingent upon the City receiving timely
services from other consultants (the "Supporting Consultants"). The Consultant agrees to use its
best efforts to coordinate its services with the services of the Supporting Consultants and further
agrees that in the event the rendition of any services of any of the Supporting Consultants is
delayed, such delay will not entitle the Consultant to any additional compensation or payment of
any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or be
entitled to payment of any kind from the City, for damages or expenses incurred which are
direct, indirect or consequential or other costs and lost profits of any kind including, but not
limited to, costs.of acceleration, inefficiency or extended overhead, arising because of any other
delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether
P P
such delay, disruption or interference be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not
preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud,
bad faith or active malicious interference on the part of the City. The Consultant shall only be
entitled to extensions of time for performance as the exclusive and sole remedy for delay.
Page 3 of 8
7. Examination of Records. Consultant shall maintain books, records, documents
and other evidence directly pertinent to performance of work under this Agreement in
accordance with generally accepted accounting principles and practices. The Consultant shall
also maintain the financial information and data used by the Consultant in the preparation of
support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall
have access to such books, records, documents and other evidence for inspection, audit and
copying during normal business hours. The Consultant will provide proper facilities for such
access and inspection. Audits conducted under this section shall observe generally accepted
auditing standards and established procedures and guidelines of the City. The Florida Public
Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents
pertaining to this Agreement and Consultant acknowledges that such laws have possible
application and agrees to comply with all such laws.
8. Termination.
A. Termination of Agreement for Convenience. It is expressly understood
and agreed that the City may terminate this Agreement at any time for any reason or no reason at
all by giving the Consultant notice by certified mail, return receipt requested, directed to the
principal office of the Consultant, thirty (30) days in advance of the termination date. In the
event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled
to be compensated for the services rendered from the effective date of execution of the
Agreement up to the date of receipt of Notice of termination. Such compensation shall be based
on the percentage of work completed, as fairly and reasonably determined by City after
conferring with Consultant.
B. Termination of Agreement for Cause. If City elects to terminate the
Agreement for cause, City will provide Consultant five (5) days' advance written notice. If
Consultant promptly cures the matter giving rise to the cause within that time, this Agreement
shall continue. If not timely cured, the Agreement will stand terminated and the City will pay
Consultant for work completed less any costs, expenses and damages incurred by City as a result
of such termination. If a court of competent jurisdiction determines that the termination was not
authorized under the circumstances then the termination shall be deemed to be a termination for
convenience.
Page 4 of 8
9. Ownership of Documents. All correspondence, studies, data, analyses,
documents, instruments, applications, memorandums and the like, including drawings and
specifications prepared or furnished by Consultant (and Consultant's independent professional
subcontractors or subconsultants) pursuant to this Agreement shall become owned by and be the
property of the City and the City shall consequently obtain ownership of them by any statutory
common law and other reserved rights, including copyright; however, such documents are not
intended or represented by Consultant to be suitable for reuse by City on extensions of the work
or on any other work or project. Any such reuse, modification or adaptation of such document
without written verification or permission by Consultant for the specific purpose intended will be
at City's sole risk and without liability or legal exposure to Consultant or to Consultant's
independent professional subconsultants. If City alters any such documents, City will expressly
acknowledge same so that no third party will be in doubt as to the creation or origination of any
such document.
10. Notices. Except as provided above, whenever either party desires to give notice
to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last specified and the place
for giving of notice in compliance with the provisions of this paragraph. For the present, the
parties designate the following as the respective persons and places for giving of notice:
City: Ivan Palo, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Thomas J. Ansbro, City Attorney
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
Consultant: Calvin, Giordano &Associates, Inc.
1800 Eller Drive, Suite 600
Ft. Lauderdale, Florida 33316
11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action
arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth
Judicial Circuit in and for Broward County, Florida, or the federal District Court in the Southern
District of the United States. Each party further agrees that venue of any action to enforce this
Agreement shall be in Broward County, Florida.
12. Governing Law. The parties agree that this Agreement shall be construed in
accordance with and governed by the laws of the State of Florida.
13. Attorneys' Fees and Costs. If City or Consultant incurs any expense in enforcing
the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs
and expenses including, but not limited to, court costs and reasonable attorneys' fees.
Page 5 of 8
14. Headings. Headings in this document are for convenience of reference only and
are not to be considered in any interpretation of this Agreement.
15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of
this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this
reference.
16. Severability. If any provision of this Agreement or the application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable, shall not be affected, shall continue in
full force and effect, and shall be enforced to the fullest extent permitted by law.
17. All Prior Agreements Superseded. This document incorporates and includes all
prior negotiations, correspondence, conversations, agreements and understandings applicable to
the matters contained in this Agreement and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, it is agreed that no deviation from the terms of this
Agreement shall be predicated upon any prior representations or agreements, whether oral or
written.
18. Consultant and its employees and agents shall be and remain independent
contractors and not employees of City with respect to all of the acts and services performed by
and under the terms of this Agreement. This Agreement shall not in any way be construed to
create a partnership, association or any other kind of joint undertaking, enterprise or venture
between the parties to this Agreement. All agents, employees and subcontractors of the
Consultant retained to perform services pursuant to this Agreement shall comply with all laws of
the United States concerning work eligibility.
19. The Consultant understands and agrees that the City, during any fiscal year, is not
authorized to expend money, incur any liability, or enter into any contract which, by its terms,
involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year and that any contract, verbal or written, made in violation of
this subsection is null and void and that consequently, no money may be paid on such contract
beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts
for periods exceeding one (1) year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding fiscal years.
Consultant shall not proceed with services under this Agreement without City's written
verification that the funds necessary for Consultant compensation and other necessary
expenditures are budgeted as available within the appropriate fiscal year budget.
20. Consultant warrants and represents that no elected official, officer, agent or
employee of the City has a financial interest, directly or indirectly, in this Agreement or the
compensation to be paid under it and, further, that no City employee who acts in the City of
Dania Beach as a"purchasing agent" as defined in Chapter 112, Florida Statutes, nor any elected
or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing
Page 6 of 8
agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the
Consultant and, further, that no such City employee, purchasing agent, City elected or appointed
officer, or the spouse or child of any of them, alone or in combination, has a material interest in
the Consultant. Material interest means direct or indirect ownership of more than five percent
(5%) of the total assets or capital stock of the Consultant.
21. Consultant shall comply with all federal, state and City laws applicable to the
Consultant services and specifically those covering Equal Opportunity Employment, the
Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the
Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to
fully comply with all provisions of all laws and the City reserves the right to verify the
Consultant's compliance with them. Failure to comply with any laws will be grounds for
termination of the Agreement for cause.
22. In the event of any conflict between any provisions of this Agreement and any
provision in any attached Exhibit, the parties agree that the provisions of this Agreement are
controlling(including, but not limited to, all terms and provisions governing compensation).
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year fist above written.
CITY:
CITY OF DANIA BEACH, �o�ppDI F1 ��Ty
a Florida Municipal Corporation ro
A TEST: ,
LOW SE STILSON � roeno
CITY CLERK
I N P06, dftY MANAGER
APPROVED FOR FORM
AND CORRECTN SS:
THO AS 1. MUBRO
CITY ATTORNEY
Page 7 of 8
CONSULTANT:
WITNESSES:
Si ature Signature
.Jenny % KA �la,-�a � lz oat
Print Name P3 rt Name/Title \
Si nature
SUmmev H to
Print Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoes mstrume as acknowledged before me r
200 � , Ut t t t asf�8�
respectively, of ^ ' f�t9—z � corporation, on
behalf of the corporation. He/she/they is/are personally known to me or have produced
as identification and did (did not) take an oath.
ANO RY PUBLIC, State of Florida
My commission expires: �Z$[11
R
Notary Public State of Florida
Jana Glass
My Commission DD678904
Expires 05/28%20',
Page 8 of 8
Me_ I Calvin, Giordano & Associates, Inc.
EXCEPTIONAL SOLUTION S
9
October 3, 2008
Mr. Dominic Orlando
Director, Public Works & Utilities
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
RE: Dania Beach Lift Station#15 (Bass Pro Shop)
CGA Proposal No. 07-1379.3
Dear Mr. Orlando,
We are pleased to submit this proposal for Professional Services on the above referenced
project located in the City of Dania Beach.
I. Professional Engineering Services
A. Civil Engineering
Engineering 1. Preliminary Engineering
Construction Engineering
&Inspection
Municipal Engineering Analysis of existing conditions.
Transportation Planning
&Traffic Engineering . Preparation of a preliminary engineering design t0 include the
Surveying&Mapping
Planning folk)wing:
Landscape Architecture
& Environmental Services - Proposed site improvements
Construction Services
Indoor Air Quality - Structural and equipment modifications/rehabilitations
Data Technologies
& Development
Budgetary cost estimate for the proposed design
Emergency Management
Services
Building Code Services 2. Final Engineering
• Prepare construction plans and technical specifications for:
1800 Eller Drive, Suite 600
Fort Lauderdale, FL 33316
Phone:954.921.7781 - Site preparations and grading
Fax: 954.921.8807
www.calvin-giordano.com
Fort Lauderdale West Palm Beach Orlando Fort Pierce Homestead
October 3,2008
Page 2 of 9
Existing equipment demolition and disposal
Water and sewer connections
Restoration of paving, concrete, fencing, and landscape
3. Permitting
• Obtain BCEPD Lift Station License
B. Electrical Engineering
1. Perform field investigation to determine the existing conditions and electric
service characteristics. Provide electrical engineering design services to
provide normal and emergency power for the lift station. Coordinate the
electric service requirements with FPL.
I1. Professional Construction Services
A. The following scope is based on 2 Months Construction Time and on total hours
specified on attached breakdown. Any additional time beyond will need an
approve agreement.
1. Assist in bidding process, including pre-bid, bid opening, recommendation
of award and contract execution.
2. Meeting with Contractor and appropriate regulatory agencies when
requested and necessary for consultation or conferences in regard to
construction of the project.
3. Issue interpretations and clarifications of the Contract Documents, and
evaluate requested deviations from the approved design or specifications.
In connection therewith, review, prepare and process any work change
directives or change orders requested by the Contractor, or City.
4. Review and process shop drawings, samples and other data which the
Contractor is required to submit.
5. Make weekly inspections for compliance with plans and specifications.
Make interim inspections for substantial completion; review, approve and
process pay requests and perform a final inspection to determine, in
general, if the work has been completed in conformance with the intent of
the Contract Documents.
6. Review as-built provided by the Contractor.
October 3,2008
Page 3 of 9
7. Review and process closeout packages.
BASIS OF PROPOSAL
• Any opinion of the construction cost prepared by Calvin, Giordano & Associates, Inc.
represents its judgment as a design 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.
• 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.
• Basic services outlined within this proposal shall be considered complete when the
project plans are submitted to the regulatory agencies for Certification.
• 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 ofCLIENT's other professional consultants.
• 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.
• Calvin, Giordano & Associates, Inc. will ensure that all consultants carry proper
insurance, including professional liability insurance, if appropriate.
• Permit construction certification will include one partial and one Seal inspection.
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:
• Architectural, structural(ie., retaining walls, bridges, docks), mechanical(ie., fire
pumps), fire protection, geotechnical and testing, environmental assessment, power,
gas, telephone, cable television, site lighting services.
• Calculations for needed fire flow for site demands, based on building type use and size,
if required.
• Calculations of off-site flood stages.
October 3,2008
Page 4 of 9
• Construction quality control inspections.
• Off-site engineering and negotiations for off-site easements, if required (other than as
specified in the Scope of Services).
• Permit application or negotiation with permitting authorities other than those specifically
listed herein
• Preparation of construction contract documents, other than drawings and technical
specifications (e.g., bid schedule, project manual);
• Professional land surveying not included in the scope of services (ie., buried utility
investigation, easement research, condominium documents, project stake-out and
as-built drawings).
• 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.
• 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.
• Re-review of rejected shop drawings.
• Review of Data supplied by the CLIENT(ie. GIS data sets, databases, aerial images,
etc.)required for integration into this project.
• Review of shop drawings for contractor or Client selected alternatives, materials,
products, etc.
• Special shop drawing annotation and modification to expedite shop drawing approval
process.
• Updated boundary survey, site evaluation or closing assistance work, unless specified
above.
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. Rehbursables shall not nexcced
$500.00.
MEETING ATTENDANCE
Due to the difficulties ofpredicting 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
October 3,2008
Page 5 of 9
be billed at the standard hourly rates in accordance with the attached Hourly Rate Schedule.
SCHEDULE OF FEES
Calvin, Giordano &Associates, Inc. will perform the Scope of Services for a lump sum fee
as shown in the proposed Schedule of Fees:
PROPOSED SCHEDULE OF FEES
I Professional Engineering Services
A Professional Civil Engineering Services $16,790.00
Preliminary Engineering $5,220.00
Final Engineering $9,590.00
Engineering Pemnitting $1,480.00
Other Engineering Work Activity
Reimbursable for Complete Project $500.00
B Professional Electrical Engineering Services $5,280.00
II Professional Construction Services $6,730.00
Project Bidding $2 930.00
Construction Inspection $3,800.00
III Meetings not included in I thru II Hourly
TERMS OF THE AGREEMENT
• Calvin, Giordano & Associates, Inc. agrees to indent*, hold harmless and, at
CLIENT's option, defend or pay for an attorney selected by CLIENT, to defend
CLIENT, its officers, agents, servants, and employees against any and all claims,
losses, liabilities, and expenditures of any kind, including attorney fees, any appellate
attorney costs, court costs, and expenses, caused by, arising from or related to any
acts, omissions or negligence of Calvin, Giordano &Associates, Inc.
• 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
October 3,2008
Page 6 of 9
while under contract together.
• Calvin, Giordano & Associates, Inc. is preparing and providing drawings, plans,
specifications and other documents as outlined in the scope of services for this
Agreement for use in the construction of this project, based upon design and
construction criteria prepared and provided by others, including but not limited to the
CLIENT and CLIENT's consultants. Calvin, Giordano & Associates, Inc. is not
responsible for an errors and omissions in Y the aforesaid design and construction
criteria provided by others.
• CLIENT agrees to indemnify, hold harmless and, at Calvin, Giordano & Associates,
Inc.'s option, defend or pay for an attorney selected by Calvin, Giordano &
Associates, Inc., to defend Calvin, Giordano & Associates, Inc., its officers, agents,
servants, and employees against any and all claims, losses, liabilities, and expenditures
of any kind, including attorney fees, any appellate attorney costs, court costs, and
expenses, caused by, arising from, or related to any acts, omissions or negligence of
CLIENT or its consultants.
• 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.
• Drawings, specifications, and other documents and electronic data fiuvished by Calvin,
Giordano & Associates, Inc. in connection with this project are instruments of service.
All original instruments of service shall be retained by Calvin, Giordano & Associates,
Inc. and will remain their property, with all common law, statutory and other reserved
rights, including copyright,in those instruments. This information provided in the
instruments of service is proprietary and will not be shared with others without prior
written consent. The CLIENT may request reproducible copies, and all original
documents upon payment of all outstanding invoices,and expenses.
• 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
tenmination, together with Reimbursable Expenses then due.
• hvoices 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. If work is stopped for thirty(30) days or more, Calvin, Giordano &
Associates, Inc. may request compensation for start-up costs when work resumes.
• 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
October 3,2008
Page 7of9
services as outlined in this contract.
• 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). All rates and fees
quoted in this document shall be effective fora period of six p (6)months, after which
time they may be renegotiated with the CLIENT.
• 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 parry initiating the termination. Failure
of CLIENT to make payments to Cabin, Giordano& Associates, Inc., in accordance
with this Agreement, shall be considered substantial nonperformance and cause for
termination
MISCELLANEOUS PROVISIONS
• 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.
• This Agreement represents the entire and integrated agreement between the CLIENT
and Calvin, Giordano &Associates, Inc. and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Calvin, Giordano & Associates,
Inc. and the CLIENT.
• Unless otherwise provided, this Agreement shall be governed by the law of the place
where the project is located.
TERMINATION OF THE AGREEMENT
• 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
terns of this Agreement through no fault of the party initiating the temni nation. 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.
• 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.
October 3,2008
Page 8 of 9
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,
CALVIN, GIORDANO & ASSOCIATES, INC.
Dennis J. Giordano
President
October 3,2008
Page 9 of 9
Cyst oftlte e ser es r� 1 InS1 Ij a frSotetl in-fee bie kdawrr
ACCEPTANCE OF CONTRACT
CALVIN, GIORDANO & ASSOCIATES, INC.
BY: Date:
Name: Dennis J. ' rdano
Title: President
BY a,, 0 _— Date: �p�lJ Zc�Og3
Na Mr. Dominic OrlaniYo
Title: Director,Public Works & Utilities
Approved as to "Scope of Services"
M`� a Calvin, Giordano & Associates, Inc.
e E XCEPTIONAL SOLUT IONS
9
PROFESSIONAL FEE SCHEDULE
Principal 210.00 PLANNING
Executive Assistant 70.00 Associate,Planning 160.00
Director of Planning 140.00
ENGINEERING Planning Administrator 130.00
Associate,Engineering(VI) 185.00 Assistant Director 120.00
Director, Engineering(V) 160.00 Planner 100.00
Project Manager(IV) 140.00 Jr. Planner 85.00
Project Engineer(III) 120.00
Engineer(II) 100.00 EXPERT WITNESS
Jr.Engineer(I) 95.00 Principal/Associate 325.00
Senior CADD Technician Manager 110.00 Registered Engineer/Surveyor 275.00
CADD Technician 90.00 Project Engineer 225.00
Traffic Technician 85.00
Permit Administrator 85.00 LANDSCAPE ARCHITECT
Clerical 70.00 Associate,Landscape 160.00
Senior Landscape Architect 125.00
DATA TECH DEVELOPMENT Environmental Administrator 120.00
Associate,Data Tech Dev. 160.00 Landscape Architect 110.00
GIS Coordinator 140.00 Environmental Specialist 100.00
GIS Specialist 120.00 Landscape CADD Technician 90.00
Multi-Media 3D Developer 110.00 Environmental Assistant 80.00
GIS Technician 95.00
Sr.Applications Developer 160.00 SURVEYING
Applications Developer 130.00 Associate, Surveying 160.00
Network Administrator 150.00 Senior Registered Surveyor 140.00
System Support Specialist 110.00 Survey Crew 130.00
IT Support Specialist 80.00 Registered Surveyor 120.00
Engineering Survey Coordinator 100.00
Construction Engineering CONSTRUCTION CADD Technician 90.00
&Inspection Associate,Construction 160.00 3D Laser Scanner 350.00
Municipal Engineering Construction Management Director 130.00 Hydrographic Survey Crew 325.00
Transportation Planning Senior Inspector 95.00 G.P.S. Survey Crew 150.00
&Traffic Engineering Inspector 85.00 Sub-meter G.P.S 70.00
Surveying& Mapping Soft Dig(per hole) 300.00
Planning EMERGENCY MANAGEMENT Utility Locates 200.00
Landscape Architecture Director 140.00
& Environmental Services Planner 100.00 MICROBIAL/INDOOR AIR
Construction Services Jr. Planner 85.00 QUALITY SERVICES
Indoor Air Quality Sr. Environmental Scientist 110.00
Data Technologies Environmental Scientist 95.00
&Development
Emergency Management
Services
Building Code Services In addition to the hourly rates listed above, charges will include direct out-of-pocket
expenses such as reproduction,overnight mail, and other reimbursables billed at a
1800 Eller Drive,Suite 600 multiplier of 1.25.
Fort Lauderdale,FL 33316
Phone: 954.921.7781
Fax:954.921.8807
www.calvin-giordano.com
Effective January 1,2008
Fort Lauderdale West Palm Beach Orlando Fort Pierce Homestead