HomeMy WebLinkAboutR-2009-207 CGA Force Main Modeling RESOLUTION NO. 2009-207
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING
THE CITY MANAGER TO PURCHASE SERVICES FROM CALVIN,
GIORDANO AND ASSOCIATES FOR ENGINEERING SERVICES RELATING
TO THE SEWER FORCE MAIN OF THE CITY WITHOUT COMPETITIVE
BIDDING;PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT
EXCEED SIXTY TWO THOUSAND SIX HUNDRED TWENTY DOLLARS
($62,620.00) 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 Sixty Two Thousand Six Hundred Twenty Dollars ($62,620.00) for
engineering services for the City's Force Main System Project,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$50,000.00 funding for this project is provided for in the FY 2009-2010
Sewer Budget(402-3 502-53 5-31-30)and an additional$12,620.00 shall be appropriated from Sewer
Fund unrestricted net assets to the Sewer Budget (402-3502-535-31-30).
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 That all resolutions in conflict with this Resolution are repealed to the extent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.
0"
ANNE CASTRO
MAYOR—COMMISSIONER
O�o�PpWS FIRST C�rY
ATTEST: —
' ,
LOUISE STILSON, CMC
CITY CLERK A
APPROV TO FORM AND CORRECTNESS:
TH SJ. A BRO
CITY ATTORNEY
2 RESOLUTION 42009-207
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., 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 within Proposal No.09-2797,described in Exhibit"A",for
the City of Dania Beach Force Main Modeling Project,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 in an amount not to exceed Sixty Two Thousand
Six Hundred Twenty Dollars($62,620.00)(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
3 RESOLUTION #2009-207
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.
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.
4 RESOLUTION #2009-207
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.
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).
5 RESOLUTION 42009-207
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
6 RESOLUTION#2009-207
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 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.
7 RESOLUTION 42009-207
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.
8 RESOLUTION #2009-207
An such reuse modification or adaptation of such document without written verification or
y p
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: 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, hic.
Attn: John Messerian, P.E.
1800 Eller Drive, Suite 600
Fort 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
9 RESOLUTION#2009-207
the United States. Each party further agrees that venue of any action to enforce this Agreement shall
be in Broward County, Florida.
5. Governing Law. The parties agree that this Agreement shall be construed in
accordance with and governed by the laws of the State of Florida.
12. 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.
13. Headings. Headings in this document are for convenience of reference only and are
not to be considered in any interpretation of this Agreement.
14. 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.
15. 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.
16. 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.
10 RESOLUTION #2009-207
17. 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.
18. 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.
19. 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
11 RESOLUTION#2009-207
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.
20. 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.
23. 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).
12 RESOLUTION#2009-207
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 ANNE CASTRO
CITY CLERK MAYOR
ROBERT BALDWIN
CITY MANAGER
APPROVED FOR FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
13 RESOLUTION#2009-207
CONSULTANT:
CALVIN, GIORDANO & ASSOCIATES,
INC., a Florida corporation
WITNESSES:
Signature Signature
Print Name Print Name/Title
Signature
Print Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me on 2009, by
, as of Calvin, Giordano & Associates, Inc., a
Florida corporation, on behalf of the corporation. He/she is personally known to me or produced
as identification and did (did not)take an oath.
NOTARY PUBLIC, State of Florida
My commission expires:
14 RESOLUTION #2009-207
i Calvin, Giordano & Associates, Inc.
fL E N C E P T 1 0 N A L S 0 L U T 1 0 N S
a
September 22, 2009
Mr. Dominic F. Orlando
Director ofPublic Services
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
RE: Dania Bch-Force Main Modelling
CGA Proposal No. 09-2797
Dear Mr. Orlando,
We are pleased to submit this proposal for Professional Services on the above referenced
Engineering project located in Broward County,
nstructino Engineering
cipEngineering Inspection
Municipal I. Professional Engineering Services
Translwrtatiun Planning
&Traffic Engineering A. Civil Engineering
Surveying&Mapping
Planning 1. CGA shall meet with the C' s Ut
Landscape Architecture Departmerrt to collect information
&Environmental Services relative to the analysis of the City's force main system
consvuclion Services
Indoor Air Quality 2. CGA shall visit the City's pump stations to verify the
Data Technologies by the City.
otmation provided
& Development
Emergent y Management 3. CGA wlti perform
"rvice5 p rm a complete hydraulic model of the eaosting sanitary
Building Code Services sewer force main system for die City. The hydraulic model shall be
Governmenlai services developed to simulate the existing and proposed hydraulic conditions. The
hydraulic model will be for the following phases:
• Data collection
• Evaluate existing till stations and service areas
780U tiller Drive, Suite 600
tort Lauderdale, FL 33376 Develop a I lydraulic Model
Phone:954.921.7781
lax:954.921.8807
www.calvin-gior(lano.com
Fore I.auderdale West Palm Bcach
Orlando tlomcstead
September 22,2009
• Calibrate the Hvdrauhc Model Page 2 of 8
• Evaluate existing hydraulic conditions
• Identify and evaluate the deficiencies in the force main system
• Simulate proposed sewage increases
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,Pernik and agency fees as well as Title Certificates will be paid by the
CLIENT.
• Basic services outlined within this proposal shall he 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 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 them agents or employees, or
of any 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.
ADDITIONAL FEES
The following services are NOT included in this proposal and will be considered Additional
,es include
Services, which will be addressed in a separate contractual agreement The serviitio but are not firnited to:
• ArchitectwA structural(i.e., retaining walls, bridges, docks,, mechanical(ie., fire
• ScPtctber 22, 2009
pumps), fare protection, geotechnical and tes ' Page 3 of s
gas, telephone, cable television, site ' �, environmental assessment, power,
lighting services.
• Calculations for needed fire flow for site demands, based on building type use and sire,
if required.
• Calculations of off--site flood stages.
• Construction quality control inspections.
• Off-site engineering and negotiations for off-site easements, if required (other than as
specified in the Scope ofServices).
• Permit application or negotiation with permitting authorities other than those specifically
listed herein.
• Preparation ofcoustruotibn 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,
as-built drawings). project stake-out and
• Professional services required due to conditions d*Tent from those itemized under the
Scope of Services or due to events beyond the control ofCah*4 Giorda &
Associates,Inc. no
• Professional services required, due to changes in the site plan urinated 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(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, she 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 halving jurisdiction over the project, renderings, models and mock-ups
September 22,2009
Page 4
required by CLIENT, as required. Reimbursable expenses are not to exceed$1,200.00, ora
MEETING ATTENDANCE
Due to the difficulties of predicting the nurnber or duration of meetings, xo meetin 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 biped 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 hump sum fee
as shown in the proposed Schedule of Fees:
PROPOSED SCHEDULE OF FEES
I Professional Engineering Services
A Professional Civil Engineering Services
6
Preliminary Engineering $$ ,530.00
, 30.00
Final Engineering $54,890.00
Other Engineering Work Activity
$1,200.00
II Meetings not included in I tbru I
Hourly
TOTAL (Plus Hourly Services) $62 620.00
TERMS OF THE AGREEMENT
Calvin, Giordano&Associates, Inc, agrees to indemnify, hold hamiless CLIENT's, its
officers, agents, servants, and employees against any and all claims, losses, liabifRies,
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 hie any staff from the other party
while under contract together.
September22, 2009
• Calvin, Giordano&Associates, Inc. is re a Page 5 of s
rawrings, plans,
specification and other documents as outlined in the scopefservice r 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 o 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, detbnd or pay for an attorney selected by Calvin, Giordano&
Associates, Inc., to defend Calvin, Giordano &Associates, Inc.,its offers, agents,
servants, and employees against any and all claims, losses_, liabilities,
of any kind, including attorney fees, any appellate attorney- s, and costs,
and
expenses, caused b Y costs, court costs, and
Y, arising from, or related to an acts o
CLIENT Y aission or negligence
or rice of
its consultants. �
CLIENT agrees to limit Calvin, Giordano, &Associates, Ins.'s liability for any and all
claims that CLIENT may assert on as own behalfor 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 furnished by Cahn,
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 oftermination in accordance with this Agreement or termination not the
fauh 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
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&
or start-up costs when work resumes.
Associates, Inc, may request compensation f
• The CLIENT or their representative shall be available to meet with Calvin, Giordano &
Associates, Inc. and provide decision 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
September 22.2009
services as outlined in this contract. page 6 of 8
• The terms of Agreement shall be valid for the Clients acceptance for a period of thirty
(30)days from the date of execution by Calvin, Giordano &Associates, Inc. after time Oils contract offer becomes null and void if not accepted formally
which
(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 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 patty initiating the tetmirnatioIL Failure
of CLIENT to make payments to Calvin Giordano& Associates, Inc., in accordance
with this Agreemet, 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 with 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,
representatlons 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
terms of this Agreement through no fault of the party initiating the terni 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 ofCalvir4 Giordano &Associates, Inc., Calvin, Giordano & Associates, Inc. shall
be compensated for services properly peribtmed prior to receipt of notice of
temianation, together with Reimbursable Expenses then due.
September 22,2009
Page 7 of 8
We appreciate the opportunity to subnvt this proposal. C
Prepared with the necessary alv . Giordano &Associates, Inc.
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 tituely 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 Giot�dano
President
September 22.2009
Cost ofthese services are $62,620.00 p Page 8 of 8
lus hourly as noted in tea breakdown
ACCEPTANCE OF CONTRACT
CALVIN, GIORDANO& ASSOCIATES, INC.
By:
Date: 0
Name: Dennis J. Giordano
Titles president
By:
N - Date:
Mr. Dominic F. O ndo
Tine: Director ofPubhe Services
"As to scope of services"
o\sµ Calvin, Giordano & Associates, Inc
i E XCEPTJONAL 5 0 L U T I O N 5
s
PROFESSIONAL FEE SCHEDULE
Principal 215.00 PLANNING
Executive Assistant 75.00 Associate,Planning 165.00
ENGINEERING Director of Planning 145.00
Associate,Engineering Planning Administrator 135.00
g g(VI) 190.00 Assistant Director 125.00
Director,Engineering(V) 165.00 Planner
Project Manager(IV) 145.00 Jr. Planner 105.00
Project Engineer(II1) 125.00 90.00
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 Landscap
e Architect 130
DATA TECH DEVELOPMENT .00
Associate,Data Tech Dev. 165.00 Environmental Administrator l25.00
GIS Coordinator Landscape Architect 115.00
145.00 Environmental Specialist 105.00
GIS Specialist 125.00 Landscape CADD Technician 95.00
Multi-Media 3D Developer 115.00 Environmental Assistant
GIS Technician 100.00 85.00
Engineering Sr. Applications Developer 165.00
Applications Developer SURVEYING
IslmtliOn Engineering Pe 135.00 Associate, Surveying 165.00
nspection Network Administrator 155.00 Senior Registered Surveyor 145.00
.Municipal Engineering System Support Specialist 115.00 Survey Crew 135.00
Trenslxortation Planning IT Support Specialist 85.00 Registered Surveyor 125.00
rve S Tyi Engineering Survey Coordinator 105.00
Surveying
g&Mapping CONSTRUCTION CADD Technician 95.00
Planning Associate,Construction 165.00 3D Laser Scanner 355.00
Landscape Architecture Construction Management Director 135.00 Hydrographic Survey Crew 330.00
s Envi onmental services Senior Inspector 100.00 G.P.S. Survey Crew I55.00
Construction Services Inspector 90.00 Sub-meter G.P.S
Indoor Air Quality 75.00
Soft Dig(per bole
EMERGENCY MANAGEMENT ) 305,00
Data Technologies Utility Locates 205.00
ti Deveh�pment Director 145.00
Emergency Management Planner 10500
Serf-ces MICROBIAL/INDOOR AIR
Jr. Planner .
9
Building Code Services 0.00 QUALITY SERVICES
Sr. Environmental Scientist 115.00
Governmental services Environmental Scientist
100.00
[:::/,
he hourly rates liste:abo%, Ch:arges will include direct out-of-pocket
s reproduction,Oveai other reimbursables billed at a
1800 Eller Drive, Suite 600 5.
Fort Lauderdale, FL 33316
Phone:9S4.921.7781
Fax: 954.921.8807
o•..,o.calvin-giordarxl.com
Effective January 1,2009
Fort Lauderdale West Pa Un Reach Orlando
Homestead