Loading...
HomeMy WebLinkAboutR-2012-007 Authorized an Additional Services Agreement with Calvin, Giordano & Associates, Inc. for DB Fuzzy Bunny Cove Project not to Exceed $19,970.00 RESOLUTION NO. 2012-007 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN ADDITIONAL SERVICES AGREEMENT PERTAINING TO AN AGREEMENT DATED JANUARY 11, 2011, FOR CONSULTANT SERVICES WITH CALVIN, GIORDANO AND ASSOCIATES, INC., TO PROVIDE ADDITIONAL ENGINEERING SERVICES TO THE CITY IN CONNECTION WITH THE DANIA BEACH FUZZY BUNNY COVE PROJECT FOR AN ADDITIONAL AMOUNT NOT TO EXCEED NINETEEN THOUSAND NINE HUNDRED SEVENTY DOLLARS ($19,970.00); 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 an Additional Services Agreement pertaining to an Agreement dated January 11, 2011, for engineering services provided by Calvin Giordano and Associates, Inc., which Additional Services Agreement under Proposal No. 10-3475.1 dated October 11, 2011, is attached in substantial form as Exhibit "A" is approved, for an amount not to exceed Nineteen Thousand Nine Hundred Seventy Dollars ($19,970.00) to be paid using available funds appropriated in the Capital Projects Fund — Account No. 301-72-55-572-31-10 for the Dania Beach Fuzzy Bunny Cove Project and the proper City officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make revisions to such document as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on January 10, 2012. ATTEST: LOUISE STILSON, CMC m�o�P�s F1�sr cPry PATRICIA A. FLURY CITY CLERK MAYOR P.4ico 1 APPROVED AST PFOA;ND CORRECTNESS: (T,, THOMA J. B CITY ATT RNEY 2 RESOLUTION NO.2012-007 Calvin, Giordano Associates, Inc. E X C E P T I O N A L S O L U T I O N S G Additional Services Agreement DATE: October 11, 2011 RE: Dania Cove CLIENT: City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach,FL 33004 ATTENTION: Mr. Robert Baldwin CGA NO.: 10-3475.1 CGA HAS BEEN ADVISED TO PROCEED WITH THE FOLLOWING ADDITIONAL 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: Please note, the original scope of services did not include construction services because the scope of improvements were too vague to accurately estimate the construction duration and inspection time needed. The scope of the construction project is now defined and includes Park improvements as required by the Florida Community Trust(FCT)grant including the removal of root clusters from the uplands and shoreline of the site, the construction of amenities Building Code Services throughout the site and a retaining wall landward of the MHW line along the canal side of the Code Enforcement parcel. The site amenities include the installation of two picnic pavilions, picnic tables, a Construction Engineering& concrete walkway, one dock within the existing cove, one observation platform at the edge of Inspection Construction Services the cove, signage, and landscaping improvements. Substantial completion for the project is Contract Government November 30th, 2011. Final completion is 90 days from the NTP. This proposal is prepared Data Technologies& with the understanding that the City will assist with daily site visits in the evening to ensure the Development construction site is safely closed, per specifications, for the day. If the City is not able to assist Emergency Management with daily inspections, an additional agreement for 40 hours will be needed to check the site in Services the afternoon/evening. Engineering Governmental Services I. Professional Engineering Services Indoor Air Quality Landscape Architecture& Environmental Services A. Civil Engineering Municipal Engineering Planning 1. Coordination with the vendors for expedited shop drawing submittals. Public Administration Redevelopment&Urban Design 2. Expedited shop drawing review and turnaround including review of Surveying&Mapping any alternates proposed by the contractor. Transportation Planning& Traffic Engineering 3. Coordination with the contractor for pay requests and expedited Utility&Community construction scheduling, as needed to meet the grant deadline. Maintenance Services 4. Project ineeting attendance for expedited contractor coordination 1800 Eller Drive,Suite 600 Fort Lauderdale,FL 33316 II. Professional Construction Services Phone:954.921.7781 Fax:954.921.8807 www.calvin-giordano.com Fort Lauderdale West Palm Beach Port St.Lucie Homestead Clearwater Jacksonville Atlanta A. The following scope is based on 90 Calendar Days of Construction Time and on total of 90 hours of inspection time as specified on attached breakdown. Any additional time beyond will require an approved agreement. 1. Meeting with Contractor and appropriate regulatory agencies when requested and necessary for consultation or conferences in regard to construction of the project. 2. Issue interpretations and clarifications of the Contract Documents, and evaluate requested deviations from the approved design or specifications. In connection therewith, review, prepare and process any work change directives or change orders requested by the Contractor, or City. 3. Review and process shop drawings, samples and other data which the Contractor is required to submit. 4. Make daily inspections for compliance with plans and specifications. Make interim inspections for substantial completion;review, approve and process pay requests and perform a final inspection to determine, in general, if the work has been completed in conformance with the intent of the Contract Documents. 5. Review as-built provided by the Contractor. 6. Review and process closeout packages. PROPOSED SCHEDULE OF FEES I Professional Engineering Services A Professional Civil Engineering Services $8,410.00 Engineering During Construction Project Management/General Tasks $3,190.00 Construction Coordination Meetings $1,740.00 Assist Contractor w/design related issues. $1,740.00 Shop drawing review and approval $1,740.00 II Professional Construction Services $11,560.00 Construction Inspection $11,560.00 III Meetings not included in I thru II Hourly TOTAL (Plus Hourly.Services) ` $19970 00 AUTHORIZATION Kindly sign and return this authorization at your earliest convenience. Calvin, Giordano &Associates,Inc. will proceed upon receipt of authorizatioq.. By s " By: l 'Mr. Rob t Baldwin Dennis J. Giordano City Manager President ate: �A �� Dater ` f ® Calvin, Giordano & Associates, Inc. E X C E P T 1 O N A L S 0 L U T 1 0 N S A PROFESSIONAL FEE SCHEDULE Principal 215.00 LANDSCAPE ARCHITECT Contract Administrator 190.00 Associate,Landscape Architect 165.00 Project Administrator 165.00 Senior Landscape Architect 130.00 Executive Assistant/Clerical 75.00 Environmental Administrator 125.00 Landscape Architect 115.00 ENGINEERING Environmental Specialist 105.00 Associate,Engineering(VI) 190.00 Landscape CADD Technician 95.00 Director,Engineering(V) 165.00 Environmental Assistant 85.00 Project Manager(IV) 145.00 Landscape Inspector/Arborist 105.00 Project Engineer(III) 125.00 Landscape Designer 115.00 Engineer(II) 105.00 Landscape Site Plan Reviewer 130.00 Jr.Engineer(I) 100.00 Engineer Technician 105.00 SURVEYING Senior CADD Tech Manager 115.00 Associate,Surveying 165.00 CADD Technician 95.00 Senior Registered Surveyor 145.00 Traffic Engineer(II) 125.00 Survey Crew 135.00 Traffic Engineer(I) 100.00 Registered Surveyor 130.00 Traffic Technician 90.00 Survey Coordinator 105.00 Permit Administrator 90.00 CADD Technician 95.00 3D Laser Scanner 355.00 DATA TECH DEVELOPMENT Hydrographic Survey Crew 330.00 Associate,Data Tech Dev. 165.00 G.P.S. Survey Crew 155.00 GIS Coordinator 145.00 Sub-meter G.P.S 75.00 GIS Specialist 125.00 Soft Dig(per hole) 480.00 Multi-Media 3D Developer 115.00 Utility Locates(per hour) 205.00 GIS Technician 100.00 Building Code Services Sr.Applications Developer 165.00 INDOOR AIR QUALITY SERVICES Code Enforcement Applications Developer 135.00 Sr.Environmental Scientist 115.00 Construction Engineering& Network Administrator 155.00 Environmental Scientist 100.00 Inspection System Support Specialist 115.00 Construction Services IT Support Specialist 85.00 CONSTRUCTION Associate,Construction 165.00 Contract Government GOVERNMENTAL SERVICES Construction Management Director 135.00 Data Technologies& Associate,VP 190.00 Construction Manager 125.00 Development Director of Code Enforcement 145.00 Senior Inspector 100.00 Emergency Management Director of Building Code 145.00 Inspector 90.00 Services Project Manager 145.00 Construction Coordinator 90.00 Engineering Grants Administrator 125.00 Governmental Services Code Enforcement Field Supervisor 110.00 EMERGENCY MANAGEMENT Indoor Air Quality Code Enforcement Field Inspector 90.00 Director 145.00 Landscape Architecture& Building Official 115.00 Planner 105.00 Environmental Services Building Plans Reviewer 90.00 Assistant Planner 90.00 Municipal Engineering Building Inspector 90.00 Permit Processor 75.00 PLANNING Planning Associate,Planning 175.00 Public Administration REDEVELOPMENT&URBAN DESIGN Director of Planning 145.00 Redevelopment&Urban Revitalization Project Director/Manager 165.00 Planning Administrator 135.00 Design Revitalization Coordinator 130.00 Assistant Director 125.00 Surveying&Mapping Alternative Funding/Technician 100.00 Senior Planner 125.00 Transportation Planning& Commercial Zoning Administrator 130.00 Assistant Planner 90.00 Traffic Engineering Redevelopment Planner 105.00 Utility&Community Specialist/Downtown Manager 100.00 EXPERT WITNESS Maintenance Services Municipal Administrator 165.00 Principal/Associate 330.00 Municipal Assistant Administrator 130.00 Registered Engineer/Surveyor 280.00 Municipal Department/Division Head 105.00 Project Engineer 230.00 1800 Eller Drive,Suite 600 Fort Lauderdale,FL 33316 In addition to the hourly rates listed above,charges will include direct out-of-pocket expenses Phone:954.921.7781 such as reproduction,overnight mail,and other reintbursables billed at a multiplier of 1.25. Fax:954.921.8807 Effective February 1,2011 www.calvin-giordano.com Fort Lauderdale West Palm Beach Port St. Lucie Homestead Clearwater Jacksonville Atlanta AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on —' 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 engineering consultant services for the City in accordance with the Scope of Services within Proposal No. 10-3475 described in Exhibit "A", for the Dania Fuzzy Bunny Cove Project, a copy of which is attached and made a art of this Agreement by this reference. The Parties acknowledge and agree that p g _ 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 to 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 One Hundred Three Thousand Two Hundred Ninety Seven Dollars and .50 ($103,297.50) (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. 1 D. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of City. A. Consultant agrees to indemnify and hold harmless the City for all costs, losses and expenses including, but not limited to, damages to persons or property including, but not limited to,judgments and attorneys' fees arising out of the negligent acts,errors or omissions or the willful misconduct of the Consultant, its agents, servants or employees in the performance of services under this Agreement. If called upon by the City, the Consultant shall assume and defend not only itself, but also the City, in connection with any suit or cause of action arising out of the foregoing, and such defense shall be at no cost or expense whatsoever to the City. This indemnification does not extend to acts of third parties who or which are wholly unrelated to Consultant. The covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to Consultant's responsibility to indemnify the City. B. It is specifically understood and agreed that the consideration inuring to the Consultant for the execution of this Agreement consists of the promises, payments, covenants, rights and responsibilities contained in this Agreement. C. The execution of this Agreement by the Consultant shall obligate the Consultant to comply with the foregoing indemnification provision; however, the collateral obligation of providing insurance must be also complied with as set forth below. 5. Insurance. Consultant shall provide, pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' Compensation insurance and comprehensive general liability insurance as stated below: 2 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. E. 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). 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 Jenna Chamberlain, 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 3 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 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 4 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 5 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 of Dania Beach, Florida Robert Baldwin, City Manager 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: City of Dania Beach, Florida Thomas J. Ansbro, City Attorney 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Consultant: Calvin, Giordano &Associates, Inc. Attn: Jenna Chamberlain, 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 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. 6 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 7 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. 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: ATTEST: CITY OF DANIA BEACH, FLORIDA ,t a Florida Municipal Corporation t q (�^• 3 'Rf' tee' V ...- � �� � LOUISE STILSON, CMC Is F C. K. MCELYEX CITY CLERK �4° _ ���� MAYOR 8 ]�OBERT BALDWIN CITY MANAGER AS TO SCOPE OF WORK COLIN ONNELLY ASSISTANT CITY MANAGER APPROVED FOR RM CORRECTNESS: A/ MAS J. . R CITY ATT YI CONSULTANT: CALVIN,GIORDANO &ASSOCIATES, WITNESSES: INC., a Florida corporation Si mature Signature - P am Pt Name S�rr, re //'` Title i., C7iOcT���t�_ Print Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrugient was acknowledged before me ort"2"}4:;,� by 7; �r�c���:-_ , 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. ,puup� DAWN HOPKINS I I Notary Public-State of Fl]orids, ` N.• `- My Comm.Expires Feb 18,Commission DD 662NOTARY PUBLIC pn,N State of Florida My commission expires: 9 Calvin, Giordano & Associates, [Inc. E X C E P T 1 0 N A L S O L U T 1 0 N 5 F August 2, 2010 Mr. Colin Donnelly Assistant City Manager City of Dania.Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 RE: Dania Fuzzy Bunny Cove CGA Proposal No. 10-3475 Dear Mr. Donnelly, We are pleased to submit this proposal for Professional Services on the above referenced project located in Broward County. Engineering Per the request of the City of Dania Beach, the scope of this project is to assist the City in Construction Engineering completing the requirements of Broward County's Challenge Grant and the Parks for People & Inspection Grant, both of which were awarded to the City of Dania Beach for the Dania Cove project. Municipal Engineering Grant administration and necessary services to fulfill the requirements of the above grants will Transportation Planning be provided, .including surveys, design plans and specifications, as well as bid and award. &Traffic Engineering Surveying&Mapping This proposal does not include scope for the improvements to the Dania Cut-Off Canal Planning shoreline that are not required by these grants. The basis of compensation is lumlp sum in the Landscape Architecture amount of$103,297.50. & Environmental Services Construction Services I. Professional Engineering Services Indoor Air Quality Data Technologies A. Civil Engineering & Development Emergency Management Services 1. Prepare and coordinate engineering grading plans as required for grant Building Code Services administration for the following: Governmental Services • The placement of pre-engineered and pre-fabricated pavilions and fishing piers, as well as picnic tables. • ADA compliant nature trail leading to features within the Dania Cove Park site. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Phone:954.921.7781 Provide for pedestrian access to a platform at the Dania Cut-off Fax: 954.921.8807 www.calvin-giordano.com Fort Lauderdale West Palm Beach Orlando Homestead August 2,2010 Page 2 of 1 I Canal shoreline. 2. Provide site grading and storm water management plan and calculations as required for pernutting of the grant improvements. 3. Prepare construction plans, specifications and bid documents for the grant required improvements. 4. Attend pre-bid meeting and assist during bidding process to address RFI's. 5. Provide engineering during construction as required to address design related questions. 6. Review of as-builts and project close-out documents. 7. This proposal does not include any structural designs and is li nited to location and configuration of the proposed structures. H. Professional Surveying Services A. The following Scope of Work will be performed in this proposal: I Delineate the mean high water line along the Dania Cut-Of Canal. This will include coordinating with the State of Florida Department of Environmental Protection on procedures in determining the mean high water line. Approval must be given by DEP to provide a boundary survey. Cost $2,462.50. 2. Prepare a boundary survey with location of improvements on the subject property. Locating adjacent roads, fences and power poles with overhead wires. Cost$7,840. 3. Prepare a Tree Survey by locating existing tress, providing size (at standard breast height), and identifying tree. Cost$5,235. 4. Prepare a Topographic Survey, elevations will be obtained on a 50 foot grid. Cost$3,630. 5. Final survey, reflecting the current improvements to the subject property. Cost$3,755. 6. Total survey cost$22,922.50. III. Professional Landscape Architecture Services August 2,2010 Page 3ofll A. Existing Tree Preservation Plan 1. Site visit to verify and evaluate any existing trees and landscaping utilizing the survey base file to be provided to CGA by the Client. 2. Per the Grant requirements, we will prepare a tree preservation plan illustrating the different types of tree species as well as the size of the canopy for each tree. This plan shall also provide the evaluation and condition of each tree to be preserved, removed, or relocated in a tabular form for submission to Dania Beach B. Planting Plan for Site Plan Review 1. Preparation of a prelirninary Site plan layout for the project which shall include the following elements per the grant requirements: 1/4 mile nature trail- five feet wide utilizing pervious material, (2) Two Pavilions, (2)Two Wildlife Observation/Fishing Platforms, (4) Four bike racks, Picnic tables and other seating, and trash receptacles. In addition, the scope shall include the design of interpretive signage which will include one detailing the site restoration activities, one describing the natural resources of the site, and one which illustrates the archaeological resources onsite. The planting plan will be developed which provides enhancement to the proposed elements and will seek to unify the existing planting beds installed during the previous contract. This plan shall indicate the location and types of plant materials proposed for this project. 2. Attend up to two meetings with the City of Dania Beach staff to review and discuss the site plan and landscape requirements for this project. Prepare up to two rounds of revisions to the site plans and landscape plans to address the comments from staff during the site plan review process. 3. Coordination with the Civil Engineer and other professionals retained on this project. 4. Review and coordination of existing and proposed utility layouts, and any corresponding utility easements. C. Landscape Construction Drawings 1. Preparation of final landscape architectural construction drawings with details and specifications for the all proposed project elements. 2. Preparation of planting plans, details and specifications. August 2,2010 Page 4of11 3. It is not anticipated that a new irrigation system for the proposed facilities will be required as a temporary system appears to have been utilized in the past. Therefore,the preparation of irrigation design plans are NOT included in this proposal Should irrigation plans become necessary for approval of the project, the fees for those design services would be an additional service to this proposaL IV. Professional Environmental Services A. Prepare and submit application documents to the Amry Corps of Engineers, the South Florida Water Management District and Broward County Aquatic and Wetland Resources to obtain the environmental resource permits required to construct one (1)fishing platform over submerged lands in Dania.Cove. The other required platform will be constructed with no impacts to submerged lands or wetlands. B. Conduct the necessary on-site field inspections to locate the fishing platform in such a manner to avoid impacts to natural vegetative and benthic communities to the maximum degree feasible. Compile the platform siting location field data required to be submitted to the permitting agencies. C. Coordinate and attend meetings as necessary with each permitting agency, and respond to any requests for additional information. D. Design on site mitigation enhancements sufficient to off-set impacts to natural resources for the installation of the fishing platform; coordinate the mitigation with the permitting agencies and the installation contractor. E. Administratively track and process the documents, pursuant to the Agreement with Broward County, for the City to obtain compensation under the Broward County Challenge Grant Program for improvements to the Dania Cove site. F. Compile and submit the Annual Stewardship Report as required of the FCT funding. V. Professional Construction Services A. Assist in bidding process, including pre-bid, bid opening, and recommendation of award. B. Issue interpretations and clarifications of the Contract Documents during the bidding process. C. Assist on the Grant Administration. August 2,2010 Page 5ofll D. No Inspection or contract administration included. BASIS OF PROPOSAL • Any opinion of the construction cost prepared by Calvin, Giordano &Associates, Inc. represents its judgment as a design professional and is supplied for the general guidance of the CLIENT since Calvin, Giordano &Associates, Inc. has no control over the cost of labor and material, or over competitive bidding or market conditions. Calvin, Giordano &Associates,Inc. does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CLIENT. • Any outside engineering services, studies, or laboratory testing not specifically mentioned in the Scope of Services will be the responsibility of the CLIENT. All municipal, permit, and agency fees as well as Title Cerfificates will be paid by the CLIENT. • Basic services outlined within this proposal shall be considered complete when the project plans are submitted to the regulatory agencies for Certification. • Calvin, Giordano &Associates, Inc. is performing the consultant services set forth in this Agreement strictly as a professional consultant to CLIENT. Nothing contained in this Agreement shall create any contractual relationship between Calvin, Giordano & Associates, Inc. and any contractor or subcontractor performing construction activities on the project, or any of CLIENT's other professional consultants. • Calvin, Giordano &Associates, Inc. is performing the surveying 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 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 their agents or employees, or of any other persons performing portions of the construction. • Cahin, 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 Services, which will be addressed in a separate contractual agreement. The services include but are riot limited to: • Architectural, structural(ie.,retaining walls,bridges, docks), mechanical(i.e., fire pumps), fire protection, geotechnical and testing, environmental assessment, power, August 2,2010 Page 6ofII 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-site easements, if required (other than as specified in the Scope of Services). • Permit application or negotiation with permitting authorities other than those specifically listed herein • Preparation of construction contract documents, other than drawings and technical specifications (e.g.,bid schedule, project manual); • Professional land surveying not included in the scope of services (i.e., buried utility investigation, easement research, condominium documents, project stake-out and as-built drawings). • Professional services required due to conditions different from those itemized under the Scope of Services or due to events beyond the control of Calvin, Giordano & Associates, Inc. • Professional services required, due to changes in the site plan initiated by the CLIENT, their representatives or other consultants (e.g., architects, landscape architects, etc.) after either design or preparation of the construction drawings has commenced. • Re-review of rejected shop drawings. • Review 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, site evaluation or closing assistance work, unless specified above. REIMBURSABLE EXPENSES Calvin, Giordano &Associates, Inc. and its consultants will be reimbursed for the printing of drawings and specifications, deliveries, Federal Express services, required travel time and travel expenses, long distance telephone calls, fax transmittals, postage, fees paid for securing approval of authorities having jurisdiction over the project, renderings, models and mock-ups required by CLIENT, as required. Reimbursable expenses shall not exceed $1200.00 August 2,2010 Page 7ofll MEETNG 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 of Fees 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 lump sum fee as shown in the proposed Schedule of Fees: PROPOSED SCHEDULE OF FEES I Professional Engineering Services A Professional Civil Engineering Services $20,645.00 Preliminary Engineering $6,025.00 Final Engineering $9,520.00 Engineering Perniitting $790.00 Engineering During Construction $3,110.00 Other Engineering Work Activity Reimbursables for complete project $1,200.00 11 Professional Surveying Services $22,922.50 Boundary Survey $7,840.00 Topographical Survey $3,630.00 Tree Survey $5,235.00 Other Survey Work Activity $6,217.50 III Professional]Landscape Architecture Services $19,885.00 IV Professional Environmental Services $36,000.00 Other Environmental Work Activity $36,000.00 August 2,2010 Page 8of11 V Professional Construction Services $3,845.00 Project Bidding $3,035.00 Other Construction Work Activity $810.00 VI Meetings not included in I thru V Hourly TOTAL, (Plus Hourly Services) $103,297.50 TERMS OF THE AGREEMENT • 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 P 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 parry 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, Inc.'s option, defend or pay for an attorney selected by Calvin, Giordano & Associates, Inc.,to defend Calvin, Giordano & Associates, Inc., its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, any appellate attorney costs, court costs, and expenses, caused by, arising from, or related to any acts, omissions or negligence of CLIENT or its consultants. • CLIENT agrees to limit Calvin, Giordano, &Associates, Inc.'s liability for any and all claims that CLIENT may assert on its own behalf or on behalf of another, including but not limited to claims for breach of contract or breach of warranty, to the amount of fees paid to Calvin, Giordano &Associates, Inc., pursuant to this Agreement. • Drawings, specifications, and other documents and electronic data fiarnished by Calvin, Giordano &Associates, Inc. in connection with this project are instruments of service. August 2..2010 Page 9ofll All original instruments of service shall be retained by Calvin, Giordano &Associates, Inc. and will remain their property, with all common law, statutory and other reserved rights, including copyright, in those instruments. This information provided in the instruments of service is proprietary and will not be shared with others without prior written consent. The CLIENT may request reproducible copies, and all original documents upon payment of all outstanding invoices, and expenses. • In the event of termination in accordance with this Agreement or termination not the fault of Calvin, Giordano &Associates, Inc., Calvin, Giordano &Associates, Inc. shall be compensated for services properly performed prior to receipt of notice of 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 & 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 Cahill, Giordano &Associates, Inc. to provide complete professional services as outlined in this contract. • The terms of Agreement shall be valid for the Client's acceptance for a period of thirty (30) days from the date of execution by Calvin, Giordano & Associates, Inc. after which time this contract offer becomes null and void if not accepted forrnally (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 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. 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 parry 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. August 2,2010 Page 10ofII ® This Agreement represents the entire and integrated agreement between the CLIENT and Calvin, Giordano &Associates, Inc. and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Calvin,Giordano &Associates, Inc. and the CLIENT. ® Unless otherwise provided, this Agreement shall be governed by the law of the place where the project is located. TERMINATION OF THE AGREEMENT ® This Agreement may be terminated by either party upon not less than seven(7) days written notice should the other party fail substantially to perform in accordance with the terms of this 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. ® 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. 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 &c ASSOCIATES, INC. Del President August 2,2010 Page 11of11 Cost of these.services are $103,297.00 phis hourly as noted in fee breakdown. ACCEPTANCE OF CONTRACT CAL,VIN, GIORDANO & ASSOCIATES, INC. F � r By: Date: Name: Dennis J. Giordano Title: President By: �j✓ , 5, Date: l L Name: Mr. Colin Donnelly Tine: Assistant City Manager E X C E P T i 0 N A L S 0 L Li f i 0 N 5 .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(II) 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 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 Registered Surveyor 145.00 & Inspection g Y Municipal Engineering System Support Specialist 115.00 Survey Crew 135.00 Transportation 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 Architecture Construction Management Director 135.00 Hydrographic Survey Crew 330.00 & Environmental Services 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 Emergency 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 reimbursables billed at a multiplier of 1.25. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Phone: 954.921.7781 Fax:954.921.8807 www.calvin-giordano.com Effective January 1,2009 Fort Lauderdale West Palm Beach Orlando Homestead