HomeMy WebLinkAboutR-2009-157 CGA Gazebo-Herman Rice CDBG 33 Yr RESOLUTION NO. 2009-157
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 THE HERMAN WRICE CENTER GREEN COMMUNITY
ANNEX A/K/A THE HERMAN WRICE COMMUNITY CENTER GARDEN,
SUCH SERVICES NOT TO EXCEED EIGHT THOUSAND FIVE HUNDRED
SEVENTY FIVE DOLLARS ($8,575.00); 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, Inc., in
an amount not to exceed Eight Thousand Five Hundred and Seventy Five Dollars($8,575.00) for
engineering services for the Herman Wrice Center Green Community Annex a/k/a the Herman
Wrice Community Center Garden, located 56 N.W. 8lb Avenue, Dania Beach, Florida., 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 Acting Director of Finance is authorized to utilize funds from the
Capital Projects Neighborhood Improvement Fund budgeted in FY 2009-2010.
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 That all resolutions in conflict with this Resolution are repealed to the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 August 25, 2009.
ANNE CASTRO
MAYOR-COMMISSIONER
0 WARDS
i
ATTEST: \ ��
LOUISE STILSON, CMC
CITY CLERK
q� igH34
APPROVED A TO FORM AND CORRECTNESS:
THOM S J. A� RO
CITY ATTORNE
2 RESOLUTION #2009-157
EXHIBIT "A"
AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on
2009, between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation, (the
"City") and Calvin, Giordano & Associates, Inc., a Florida corporation (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 "A", a copy of which is
attached and made a part of this Agreement by this reference. The Parties acknowledge and
agree that services are to commence 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 amount not to exceed Eight Thousand Five Hundred and Seventy Five
Dollars ($8,575.00) (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 "A", 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#2009-157
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
($1,000,000.00) combined single limit.
4 RESOLUTION#2009-157
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, P.E., 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.
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
5 RESOLUTION#2009-157
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.
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.
6 RESOLUTION #2009-157
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.
Attn: John Messerian, P.E.
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.
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.
7 RESOLUTION #2009-157
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
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.
8 RESOLUTION 42009-157
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 first above written.
CITY:
CITY OF DANIA BEACH,
a Florida Municipal Corporation
ATTEST:
LOUISE STILSON, CMC ROBERT BALDWIN
CITY CLERK CITY MANAGER
APPROVED FOR FORM
AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
9 RESOLUTION 42009-157
CONSULTANT:
CALVIN, GIORDANO & ASSOCIATES,
INC., a Florida corporation
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
10 RESOLUTION#2009-157
Irx:
�'.' Calvin, Giordano & Associates, Inc.
:,• E X C E P T I O N A L 5 0 L U T I O N 5
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Additional Services Agreement
DATE: July 30,2009
RE: Heenan Rice Community Center Garden
CLIENT: City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach,FL 33004
ATTENTION: Ms. Lou Ann Patellaro
CGA NO.: 97-1826.97
CGA HAS BEEN ADVISED TO PROCEED W ITH THE FOLLOWING ADDITIONAL SERVICES:
Due to the clienfs request for work outside the original scope of services,Calvin,Giordano&
Associates,Inc. will provide the following additional services:
I. Professional Engineering Services
A. Electrical Engineering
Engineering 1. Provide electrical engineering design services for miscellaneous electrical
Construction Engineering systems for the park that may include solar lighting,convenience outlets,
&Inspediun
Municipal Engineering and a security cardreader.
Transpurlaliun Planning
&Traffic Engineering B. Civil Engineering
Surveying&Mapping
Planning 1. Prepare engineering plan for water service to the site.
1 andscape An:hilci lure
& Environmental Services
2. Prepare engineering plan for grading of the site.
L.pOSIrU('hnn Services
Indoor Air Quality II. Professional Landscape Architecture Services
Data Technologies
& Development
Fmergency Management A. Site Plarmulg Process
Services
Building Codc Services 1. Site visit to verify and evaluate eAsting trees uti1hiTg a digital file of the tree
Governmental Services survey provided by the CGA survey team
2. Prepare a tree preservation and tree rernovaVrebcation plant illustrating the
different types of tree species as well as the actual size of the trunk and
canopy for each tree. This plan shall also provide the size and condition of
1 Br each tree to be preserved,removed,or relocated in a tabular firm for the
Fortt Lauderdale,
Drive,Suite zoo each
FL 3331 h submission to the City of Dania Beach
Phone:954.921.7781
Fax:954.921.II807
www.calvin-giordano.com
Fort Lauderdale West Palo)Beach Orlando Home5lead
3. Prepare a prekninary site plan design for the project. This plan shall
indicate the location and types of plant materials proposed for this project.
4. Coordinate with the City of Dania Beach for the landscape plan review
submittal requirements.
5. One round of minor revisions to address City comments issued during the
City of Dania Beach landscape plan review process.
6. Coordinate with other professionals retained on this project.
7. Review and coordinate proposed utility layout easements, site lighting
locations,and other above ground elements which may be in conflict with
the proposed location of trees or palms.
8. One color rendering of the landscaped site plan win be included in this
scope of services.
9. Attendance to project coordination meetings with Client,
10. Respond to City of Dania Beach comments. Includes preparation of one
(1)review- response documents and attendance at one (1)City meeting.
11. Prepare the final planting details and specifications for the site plan
submittal.
12. Prepare budget level cost estimates for landscape architectural aspects
only.
13. Note:No off fte work is included in this proposal as it is uncertain to
understand the extent of this area unnh further studies have been completed.
14. Note that these fees have been developed with an understanding that the
project will be bunt in one phase. If separate phases of construction are
necessary,the fees to address these matter shall be provided as an
additional service to this contract.
COST OF THESE SERVICES(Lump Sum)
I Professional Engineering Services
A Professional Electrical Engineering Services $2,550.00
B Professional Civil Engineering Services $1,130.00
H Professional Landscape Architecture Services $4,895.00
TOTAL(Plus Homtiy Services) $8 575-9
AUTHORIZATION
Kindly sign and return this authorization at your earliest convenience.
Calvin,Giordano& Associates,Inc.
will proceed upon receipt of authorization..
By: By:
Ms.Lou Ann Patellaro Shelley Eichner, ICP
Building and Planning Operations Manager Vice President
Date: Date:
o Calvin, Giordano & Associates, Inc.
E X C E P T I O N A L S O L U T I 0 N S
.7 9
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(111) 125.00
Engineer(11) 105.00 EXPERT WITNESS
Jr. Engineer(I) 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
CIS 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
Sr.Applications Developer 165.00 SURVEYING
Engineering Applications Developer 135.00 Associate,Surveying 165.00
Construction Engineering Network Administrator 155.00 Senior Registered Surveyor 145.00
&Inspecrinn
Municipal Engineering IT
Support Specialist 115.00 Survey Crew 135.00
IT Support Specialist 85.00 Registered Surveyor 125.00
Transportation Planning Survey Coordinator 105.00
R Traffic Fngineering
Surveying&Mapping CONSTRUCTION CADD Technician 95.00
Phnning Associate,Construction 165.00 3D Laser Scanner 355.00
Construction Management Director 135.00 Hydrographic Survey Crew 330.00
Landscape Architecture Senior Inspector 100,00 G.P.S. Survey Crew 155.00
&Environmental Services
Construction Services Inspector 90.00 Sub-meter(per
hot 05.00
Indoor Air e'jualily Soft Dig(per hole) 305.00
Data r Air logl y EMERGENCY MANAGEMENT 145.00 Utility Locates 205.00
& Development DIfeCSOr
Fmergency Management Planner 105.00 MICROBIAL/INDOOR AIR
Services Jr.Planner 90.00 QUALITY SERVICES
Building Ode Services Sr. Environmental Scientist 115.00
Governmental Services 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
multiplier of 1.25.
18W Eller Drive,Suite 600
Fort Lauderdalc, FL 33316
Phone:954.921.7781
Fax:954.921.aa07
vvvvw.calvin-giordano.com Effective January I,2009
Fun Lauderdale West tblm Reach Orlando Homestead