Loading...
HomeMy WebLinkAboutR-2009-211 CGA US Army Corps of Engineering Permit RESOLUTION NO. 2009-211 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES FOR PERMITTING RELATED TO DRAINAGE IMPROVEMENTS TO THE SOUTHEAST SECTION OF THE CITY; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED FORTY SIX THOUSAND ONE HUNDRED NINETY DOLLARS ($46,190.00) 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 Forty Six Thousand One Hundred Ninety Dollars($46,190.00)for engineering services related to permitting for drainage improvements relating to the Southeast section of the City, with the proposal in substantial form as Exhibit"A",attached,is approved and the appropriate City officials are authorized to execute the necessary related 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 the FY 2010 Stormwater budget(403-3801-538-31-30 STWSE). 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 That all resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 27, 2009. ANNE CASTRO MAYOR—COMMISSIONER ATTEST: ¢Po�P�'s F1�rC'T LOUISE STILSONN,,CC)MC CITY CLERK ATEO 1T' APPROVED A tRM AND CORRECTNESS: THO AS . A RO CITY ATTORNEY 2 RESOLUTION 42009-211 Calvin, Giordano & Associates, Inc. .: E XCEPTIONAL SOLUTION S • September 22, 2009 Mr, Dominic F. Orlando Director of Public Services City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 RE: Dania Beach- US Army Corp of Engineers Environmental Permit-Basin S CGA Proposal No. 09-2778 Dear Mr. Orlando, We are pleased to submit this proposal for Professional Services on the above referenced project located in Broward County. Engineering I. Professional Engineering Services Construction Engineering &Inspection A. Civil Engineering Municipal Engineering Transponarion Planning Trefiir En 1. Meet with peutting agency and US Army Corps of Engineers to discuss gineering m Surveying& Mapping feasible wetland 'impacts permitting criteria in Basin 5. 7Uis basin is Planning generally located between Sheridan Street and Dania Beach Boulevard Landscape Archnrcture and between U.S. 1 and SE 5th Avenue. & Fnvironmental Services Consnucrh,n Services 2. Prepare exhibits, plans and report on hydrologic and hydraulic analysis of Indoor Air Quality the drainage system as required for permits by Broward County Data Technologies Environmental Resource License ERL and US Army Corps of Engineers & De�wlopment ( ) Emergency Management (ALOE). 5en•ices Build ng Code Services II. Professional Environmental Services Gove,nmental Services A. Provide the environmental application documentation specific to wetland impacts for Broward County Environmental Resource License (ERL)and Army Corps of Engineers (ACOE) permitting. Specific work products include: 1. Conduct the necessary on-site field inspections to compile habitat,wildlife 1800 user Drive, Suite 600 and field data necessary for application submittal to the permitting agencies Fort Lauderdale,FI 33316 for jurisdictional wetland impacts. Phone:954 921.7781 Fax:954.921.8807 2. Coordinate and attend meetings with the permitting and conurienting wswv Calvin-giordano.com aeetmcies when necessary, both pre and post application submittal and I on Lauderdale west P.dm Beach C)rlando Homestead September 22,2009 Page 2 of on-site when necessary. 3. Compile the support documents necessary for inclusion in the application submittal packages to address impacts to wetlands identified as outstanding Florida Waters and adjacent to preserve lands, 4. Coordinate with Broward County Park Department regarding the discharges to Park Department Property, 5. Coordinate with Broward County to locate any in-County options available to address mitigation for the wetland impacts, or coordinate the purchase of sufficient mitigation bank credits to off-set the wetland impacts as required by the jurisdictional agencies if in-County options are not available. 6. Respond to requests for additional information relating to wetland impacts from the agencies reviewing the submittal 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. Cahn, 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 inthe Scope of Services will be the resportstbility 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 Agreerrient strictly as a professional consultant to CLIENT. Nothing contained in this Agreement shall create any contractual relationship between Calvin, Giordano& Associates,Inc. and arty contractor or subcontractor performing construction activities on the project,or any of CLIENT'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 arty other persons performing portions of the construction. • Calvin, Giordano &Associates, Inc. will require that all consultants carry proper insurance, including professional liability insurance, if appropriate. • Permit construction certification will include one partial and one final inspection. Stptember 22.2009 ADDITIONAL FEES Page 3 of 9 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. • Construction quality control inspections. • Off-site engineering and negotiations for off slue easements, ifrequired(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 (i.e., buried utility investigation,easement research, condominium documents,project stake-out and as-built drawings). • Professional services required due to conditions dif erent 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 and approval of Contractor pay requests. • Review of Data supplied by the CLIENT(Le. 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 Seplemher 22,2009 Pagc 4 of 8 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 are not to exceed $1,200.00 MEETING ATTENDANCE Due to the difficulties of predicting the number or duration of meetings, no meetings other than those listed above,are included in the Schedule ofFees shown below. Preparation for and meeting attendance, as necessary,will be provided on a time and materials basis and will 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 hnnp sun fee as shown in the proposed Schedule of Fees; PROPOSED SCHEDULE OF FEES 7APrmofessioinial Engineering Services Civil Engineering Services $13,670.00 Engineering Permitting Pre-Application Meeting(I per Agency) $1,160.00 Review Agency Comments $830.00 Meet with Agency to Review Comments $1,160.00 Respond to Agency Comments $5,660.00 Resubmit Package to Agencies $3,660.00 Other Engineering Work Activity $1,200.00 II Professional Environmental Services $32,520.00 Environmental $32,520.00 III Meetings not included in I thru II Hourly TOTAL (Plus Hourly Services) $46,190.00 September 22,2009 TERMS OF THE AGREEMENT Pam S of 8 • All aspects of GIS data development created by Calvin, Giordano&Associates,Inc., will be property of the CLIENT and will be given to the CLIENT at time of project completion • Calvin, Giordano &Associates, Inc. agrees to indemnify, hold harmless CLIENT's, 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 negligent, 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 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 any errors and omissions in the aforesaid design and construction criteria provided by others. • CLIENT agrees to indemnify,hold harmless and, at Calvin, Giordano&Associates, Ins.'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 lees, 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, Ins.'s liability fbr 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 fitmished by Calvin, Giordano&Associates, Inc. in connection with this project are instruments of service. All original insmnients 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 instrunents. This mformationprovided 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 termination, together with Reimbursable Expenses then due. • Invoices 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 September 22,2009 Page 6 of g 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 services as outlined in this contract. • Tlx terms of Agreement shall be valid for the Client's acceptance for a period ofthirty (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 for a period of six(6)months, after which time they may be renegotiated with the CLIENT. • This Agreement may be temiinated 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 party initiating the termination Failure ofCLIENT to make payments to Calvin, 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 ofthe 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 terms offt Agreement through no fault of the party initiating the termination 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 September 22.2009 Page 7 of 8 • In the event of termination in accordance with this Agreement or termination not the fault ofCaMn, 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. 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. De ' . ordanro President Seplemhor 22,2009 Page 8 of B Cost ofthese services are $46,190.00 plus hourly as noted infee breakdown ACCEPTANCE OF CONTRACT CALVIN, GIORDANO & ASSOCIATES, INC. By: ( Date: Name. Dennis J. Giordano Title: President B3'' e Date: 2 2.CCc Nemec Mr.Dominic F. Or ndo Title: Director of Public Services "As to scope of services" o I Calvin, Giordano 8 Associates, Inc. t E X C E P T 1 0 N A L 5 0 L U T 1 0 N S , J ■ 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(1H) 125.00 Engineer(II) 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 Sr.Applications Developer 165.00 SURVEYING Engineering Applications Developer 135.00 Associate, Surveying 165.00 Construction Engineering Network Administrator 155.00 Senior &Inspection Registered Surveyor 145.00 mlunicipal Fogmeering System Support Specialist 115.00 Survey Crew 135.00 Transporlalion Planning IT Support Specialist 85.00 Registered Surveyor 125.00 &Traffic Engineering Survey Coordinator 105.00 Surveying&Mapping CONSTRUCTION CADD Technician 95.00 Planning Associate,Construction 165.00 3D Laser Scanner 355.00 Landscape Arrhiteaure Construction Management Director 135.00 Hydrographic Survey Crew 330.00 & Fnvironmental Ser,ires Senior Inspector 100.00 G.P.S. Survey Crew 155.00 Construction Services Inspector 90.00 Sub-meter G.P.S 75.00 Indoor Air Quality Soft Dig(per hole) 305.00 Data Technologies EMERGENCY MANAGEMENT Utility Locates 205.00 &Development Director 145.00 Finergency Management Planner 105.00 MICROBIAL/INDOOR AIR Services Jr.Planner 90.00 QUALITY SERVICES Building code 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 retmbursables billed at a multiplier of 1.15. Ift00 Eller Drive, Suite 6CU Fort Lauderdale, FL 33316 Phoney 954.921.7781 Fax 954.921.8807 www.ralvin-giordanoxon Effective January I,2009 Fort Lauderdale West Malin Bcach Orlando Homesfead