Loading...
HomeMy WebLinkAboutR-2009-133 CGA Additional Services Linear Park RESOLUTION NO. 2009-133 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES RELATING TO ENGINEERING SERVICES FOR LINEAR PARK DRAINAGE REVISIONS, SUCH SERVICES NOT TO EXCEED FOURTEEN THOUSAND FOUR HUNDRED FIFTY DOLLARS ($14,450.00); 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 Fourteen Thousand Four Hundred and Fifty Dollars ($14,450.00) for engineering services for the Linear Park Drainage Revisions, with the proposal in substantial form as Exhibit "A", attached, is approved and the appropriate City Officials are authorized to execute it. 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 Director of Finance is authorized to appropriate retained earnings from the Stormwater Fund. 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 That all resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 July 28, 2009. 0� ANNE CASTRO MAYOR-COMMISSIONER �PPp'S FIRST C/rr ATTEST: Qp _ - o LOUISE STfLSON, CMC CITY CLERK APPROVED A T ORM AND CORRECTNESS: t ^ THO AS Y. AN§BRb CITY ATTORNEY 2 RESOLUTION #2009-133 Calvin, Giordano & Associates, Inc. E X C E P T 1 O N A L s O L U T 1 0 N s B Additional Services Agreement DATE: June 3,2009 RE: Dania Beach Linear Park- Drainage Revisions CLIENT: City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach,FL 33004 ATTENTION: Mr. Dominic F. Orlando,P.E. CGA NO.: 07-1263.1 CGA HAS BEEN ADVISED TO PROCEED WITH THE FOLLOW INGADDITIONAL SERVICES: Due to the client's request for work outside the original scope of services, Calvin,Giordano& Associates,Inc. will provide the following additional services: I. Professional Engineering Services A. Civil Engineering 1. As requested by the City of Dania Beach,the following modifications have Fngineedng been made to the Engineering Plans. The plans have been revised and have conslrulaon Engineering been issued to the contractor($10,970): A' Inspecliun ,r4lnicipal msinvr-ring • Revise aligrunent of sidewalk from project start(Sta. 32+00)to Tn,nspitLngi Planning project end (Sta. 78+40). &Trailic Cnginlroring Surveying h Mapping Planning Regrade sidewalk to minimize the use of pipe crossings for drainage 0ndsrape Art hle.VanFV conveyance and minimize earthworks. k Fmironmenlal services (onsom lion servile • Design additional Type F curb and gutter where proposed Face of Indoor Air QuAil' sidewalk clearance is less than 7 feet from the existing edge of travel I)ato Technologies A 1)evelupmenl way, Fmergoncy,Management Son ices Revise sidewalk path per our meeting with the City staff on April 17, flu AIrIg Grtle SINVIRK 2009 Gover upenl.,l$Prvices • Revise sidewalk path per our meeting with the City staffon April 22, 2009. • Analyze the projected placement of the new sidewalk location based upon the above mentioned revisions to determine the impacts to the Irmo Hier Drive,suite 600 5th Avenue drainage system Identify areas along the new sidewalk Fort Lauderdale, FL I it 16 where equalizer pipes will be needed. Phone.954.r_t 1.77a I Fax:954921 M607 • Coordinate the sidewalk design location With the adjacent properties w wxaIvin-giordano.com Fort I auderdalo West Palm ltvm h Orlando I lonwstead and the locations of existing driveways. • Coordinate with the City on the location and placement of the benches and seating areas along the linear park. • Coordinate with the City's Traffic Consultant on the traffic calming improvements along 5th Avenue. C GA shall revise the Linear Park plans based upon the most recent plans provided by the Traffic Consultant. Note:This revision has not been made to the plans. We are currently coordinating to obtain these plans. 2. Conshvction Services($3,480) • Perform periodic field inspections to oversee the construction of the park. It is anticipated that no more than 4 hours per week will be anticipated to check the progress of the contactor. • At the completion of the project, the as-builts provided by the contractor will be reviewed and any issue will be brought to the attention of the City and the contractor. COST OF THESE SERVICES: Lump Sum $14,450.00 AUTHORIZATION Kindly sign and return this authorization at your earliest convenience. Calvin, Giordano & Associates, Inc. will proceed upon receipt of authorization.. �' BY! Mr. Dominic P.Orlando,RE Shelley Eichner,AICP Directorof Public Services Vice President Date: 6 I/Z l,�OO`) Date: , l S Lk) �� P" Calvin, Giordano & Associates, Inc. E X C E P T I 0 N A L S O L U T I O N S " 7 R PROFESSIONAL FEE SCHEDULE Principal 215.00 PLANNING Executive Assistant 75.00 Associate,Planning 165.00 Director of Planning 145.00 ENGINEERING Planning Administrator 135.00 Associate,Engineering(VI) 190.00 Assistant Director 125.00 Director,Engineering(V) 165.00 Planner 105.00 Project Manager(IV) 145.00 Jr. Planner 90.00 Project Engineer(III) 125.00 Engineer(11) 105.00 EXPERT WITNESS Jr.Engineer(1) 100.00 Principal/Associate 330.00 Senior CADD Technician Manager 115.00 Registered Engineer/Surveyor 280.00 CADD Technician 95.00 Project Engineer 230.00 Traffic Technician 90.00 Permit Administrator 90.00 LANDSCAPE ARCHITECT Clerical 75.00 Associate,Landscape 165.00 Senior Landscape Architect 130.00 DATA TECH DEVELOPMENT Environmental Administrator 125.00 Associate,Data Tech Dev. 165.00 Landscape Architect 115.00 GIS Coordinator 145.00 Environmental Specialist 105.00 GIS Specialist 125.00 Landscape CADD Technician 95.00 Multi-Media 3D Developer 115.00 Environmental Assistant 85.00 GIS Technician 100.00 Fnginvering Sr.Applications Developer 165.00 SURVEYING l onslruclinn H,gincering Applications Developer 135.00 Associate,Surveying 165.00 &Inspertinn Network Administrator 155.00 Senior Registered Surveyor 145.00 Murv4 ipal Fngincedng System Support Specialist 115.00 Survey Crew 135.00 Ton,pon.,fion Phrining IT Support Specialist 85.00 Registered Surveyor 125.00 r rr,lia, englnrvving Survey Coordinator 105.D0 svvvying x m.y,ping CONSTRUCTION CADD Technician 95.00 Planning Associate,Construction 165.00 3D Laser Scanner 355.00 Lands ape.Architecture Construction Management Director 135.00 Hydrographic Survey Crew 330.00 K Fmrunawnlal Services Senior Inspector 100.00 G.P.S.Survey Crew 155.00 Gm4nwiinn lervil es Inspector 90.00 Sub-meter G.P.S 75.00 Indmr Air clnarly. Soft Dig(per hole) 305.00 oma irxhnologies EMERGENCY MANAGEMENT Utility Locates 205.00 a 0ovolopmenr Director 145.00 FmnrgemN management Planner 105.00 MICROBIALIINDOOR AIR scrui,v, Jr.Planner 90.00 QUALITY SERVICES Building code Svmwvs Sr. Environmental Scientist 115.00 Coterrimmial Servi(es Environmental Scientist 100.00 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 lean enr•r Drive.suite me multiplier of 1.25. fort Lauderdae. FI. M1L %tone:1 i.{9-11.77H1 Fax:9.Sd!R1.aHn7 www.calvin-giordano.com Effcctive January I,2009 Fort Lauderdale West Ellin Boar 11 Orlando Hnmr,lvad AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on , 2009, 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 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 Fourteen Thousand Four Hundred and Fifty Dollars ($14,450.00) (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. 3 RESOLUTION#2009-133 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 �' fY Y , 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. 4 RESOLUTION 42009-133 D. Automobile Liability with minimum limit of One Million Dollars ($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. Assignment 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 John Messerian, 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 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. 5 RESOLUTION#2009-133 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. 6 RESOLUTION 42009-133 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: Robert Baldwin, 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 Fort Lauderdale, FL 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. 7 RESOLUTION #2009-133 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 8 RESOLUTION#2009-133 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, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CMC ROBERT BALDWIN CITY CLERK CITY MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE OF AND CORRECTNESS: SERVICES" THOMAS J. ANSBRO DOMINIC F. ORLANDO, P.E. CITY ATTORNEY DIRECTOR OF PUBLIC SERVICES 9 RESOLUTION#2009-133 CONSULTANT: WITNESSES: Signature Signature Print Name Print Name/Title Signature Print Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2009, by as of a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida My commission expires: 10 RESOLUTION #2009-133