HomeMy WebLinkAboutR-2007-242 Calvin, Giordano and Associates, inc Linear Park RESOLUTION NO. 2007-242
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A WORK ORDER AGREEMENT WITH CALVIN, GIORDANO
AND ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR THE
DESIGN AND CONSTRUCTION OF SE 5TH AVENUE LINEAR PARK;
PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,in March 2005, the voters of the City of Dania Beach approved a General
Obligation Bond for Recreation Centers and Parks Expansion and Improvements in the amount
of$2.6 million dollars; and
WHEREAS, the City Commission of the City of Dania Beach has determined that a
Linear Park along SE 5ch Avenue would be a benefit to the residents of the City and an expansion
i of the City's parks; and
WHEREAS, the City Manager has determined that engineering services are required to
design and construct the SE 5ch Avenue Linear Park; and
WHEREAS, Calvin Giordano and Associates, Inc. has provided a proposal for
engineering services in the amount of$66,560.00 as outlined in the Scope of Work attached as
Exhibit"A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA,AS FOLLOWS:
Section 1. That the proper City officials are authorized to execute a work
authorization agreement with Calvin, Giordano and Associates in the amount of$66,560.00 for
the project identified above. The work must be completed within 90 days from the date of
adoption of this Resolution.
I
Section 2. That the City Manager is designated as the authorized representative for
the work order. Funding for the contract shall be derived from the General Obligation Bond.
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are repealed to the extent of such conflict.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.
tion.g P
PASSED AND ADOPTED on December 11, 2007.
A /*-- -
OB A TO
MAYOR-C&4MISSIONER
ATTEST: ,
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO ND CORRECTNESS:
BY:
THO AS 1. AN BRO
CITY ATTORNEY
RE L #2 -2 SOLUTION 007 242
AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into onJA/4o Z_tI 2008,
between: the City of Dania Beach, Florida, a municipal corporation, (the "City") and Calvin
Giordano & Associates, Inc. (the "Consultant").
In consideration of the mutual covenants,terms and conditions contained in this Agreement,
and other good and valuable consideration,the adequacy and receipt of which are acknowledged,the
parties agree as follows:
1. Scope of Services. The Consultant agrees to perform consultant services for the City
in accordance with the scope of services described in Exhibit"A"("Dania Beach 5«Avenue Linear
Park-CGA Proposal No. 07-1263"), a copy of which is attached and made a part of this Agreement
by this reference. The Parties acknowledge and agree that services are to commence on December
11, 2007 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
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agreed by y the parties, however, that the Cityshall approve in advance in writing any subcontractors
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and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such
work.
3. Payment for Services.
A. City agrees to pay Consultant for services provided by Consultant, as
described in Section 1, an agreed upon lump sum amount of Sixty Six Thousand Five Hundred and
Sixty Dollars($66,560.00),the"Fee". The Fee includes full payment,including all labor,overhead
and other costs except reimbursables identified in Exhibit "A". No travel and meal costs are
reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, and
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 shall indemnify and hold harmless City, its officers, employees and
agents (collectively,the "City"), from liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of Consultant and persons employed or utilized by Consultant in the performance of this
Agreement, including any Subconsultant and Subcontractor.
B. To the extent considered necessary by City any sums due Consultant under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to
payment of interest by City.
C. To the extent this indemnification clause does not comply with Florida law this
provision and all aspects of this Agreement shall be interpreted as the parties' intention for the
indemnification provisions and this Agreement to comply with Florida law applicable to indemnification.
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).
Page 2 of 8
• 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.
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 Dennis Giordano, 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 one or more 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 whose subcontracts must be approved by City as specified in Paragraph 2, above (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
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conducted under this section shall observe generally accepted auditing standards and established
• procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida
Statutes,may have application to records or documents pertaining to this Agreement and Consultant
acknowledges that such laws have possible application and agrees to comply with all such laws.
8. Termination,
A. Termination of Agreement for Convenience. It is expressly understood and
agreed that the City may terminate this Agreement at any time for any reason or no reason at all by
giving the Consultant written 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
and the City will not be entitled to any additional costs, expenses and damages as a result of
termination.
9. Ownership of Documents. All correspondence, studies, data, analyses,documents,
instruments, applications, memorandums and the like, including drawings and specifications
prepared or furnished by Consultant (and Consultant's independent professional subcontractors or
subconsultants)pursuant to this Agreement shall become owned by and be the property of the City
and the City shall consequently obtain ownership of them by any statutory common law and other
reserved rights, including copyright; however, such documents are not intended or represented by
Consultant to be suitable for reuse by City on extensions of the work or on any other work or project.
Any such reuse, modification or adaptation of such document without written verification or
permission by Consultant for the specific purpose intended will be at City's sole risk and without
liability or legal exposure to Consultant or to Consultant's independent professional subconsultants.
If City alters any such documents, City will expressly acknowledge same so that no third party will
be in doubt as to the creation or origination of any such document.
Notwithstanding any provision to the contrary contained in this Agreement,
CONSULTANT shall retain sole ownership to its preexisting information including but not
limited to computer programs, software, standard details, figures,templates and specifications.
When transferring data in electronic media format, CONSULTANT makes no
• representation as to long term compatibility,usability,or readability of documents resulting from the
Page 4 of 8 _
use of software application packages,operating systems,or computer hardware differing from those
used by CONSULTANT at the beginning of the Project. Because the data stored in electronic media
format can deteriorate or be modified inadvertently or otherwise without authorization of the data's
creator,the party receiving electronic files agrees that it will perform acceptance tests or procedures
within 60 days, after which the receiving party shall be deemed to have accepted the data thus
transferred. Any errors detected within the 60-day acceptance period will be corrected by the party
delivering the electronic files. CONSULTANT shall not be responsible to maintain documents
stored in electronic media format after acceptance by Owner. The original hard copy of the
documents containing the professional engineer's seal shall take precedence over the electronic
documents.
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: Ivan Pato, 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.
0 Dania Beach, Florida 33004
Consultant: Dennis Giordano, President
Calvin Giordano and Associates, Inc.
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 for 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.
Page 5 of 8
15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this
Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference.
16. Severability. If any provision of this Agreement or the application of it to any person
or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement,
and the application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable,shall not be affected,shall continue in full force and effect,
and shall be enforced to the fullest extent permitted by law.
17. All Prior Agreements Superseded. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings applicable to the
matters contained in this Agreement and the parties agree that there are no commitments,agreements
or understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be
predicated upon any prior representations or agreements, whether oral or written.
18. Consultant and its employees and agents shall be and remain independent contractors
and not employees of City with respect to all of the acts and services performed by and under the
terms of this Agreement. This Agreement shall not in any way be construed to create a partnership,
association or any other kind of joint undertaking, enterprise or venture between the parties to this
Agreement. All agents,employees and subcontractors of the Consultant retained to perform services
pursuant to this Agreement shall comply with all laws of the United States concerning work
• eligibility.
19. The Consultant understands and agrees that the City, during any fiscal year, is not
authorized to expend money, incur any liability, or enter into any contract which, by its terms,
involves the expenditure of money in excess of the amounts budgeted as available for expenditure
during such fiscal year and that any contract,verbal or written,made in violation of this subsection is
null and void and that consequently, no money may be paid on such contract beyond such limits.
Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one
(1)year,but any contract so made shall be executory only for the value of the services to be rendered
or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under
this Agreement without City's written verification that the funds necessary for Consultant
compensation and other necessary expenditures are budgeted as available within the appropriate
fiscal year budget.
20. Consultant warrants and represents that no elected official,officer,agent or employee
of the City has a financial interest,directly or indirectly,in this Agreement or the compensation to be
paid under it and, further, that no City employee who acts in the City of Dania Beach as a
"purchasing agent"as defined in Chapter 112,Florida Statutes,nor any elected or appointed officer
of the City of Dania Beach,nor any spouse or child of such purchasing 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
Page 6 of 8
direct or indirect ownership of more than five percent(5%)of the total assets or capital stock of the
isConsultant.
21. Consultant shall comply with all federal, state and City laws applicable to the
Consultant services and specifically those covering Equal Opportunity Employment,the Americans
With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public
Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all
provisions of all laws and the City reserves the right to verify the Consultant's compliance with
them. Failure to comply with any laws will be grounds for termination of the Agreement for cause.
22. In the event of any conflict between any provisions of this Agreement and any
provision in any attached Exhibit, the parties agree that the provisions of this Agreement are
controlling (including, but not limited to, all terms and provisions governing compensation).
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and
year fist above written.
CITY:
CITY OF DANIA BEACH,
a Florida Municipal Corporation
ATTEST:
17�
LOUISE S LSON :AZN
AN ON
CITY CLERK YOR ,
l
PAT , C Y MANAGER
APPROVED FOR FORM APPROVED AS TO "SCOPE OF
AND CORRECTN SS: SERVICES"
< I
TH MAS P. ANSBRO DOMINIC F. ORtANDO, P.E.
CITY AT ORNEY PUBLIC SERVICES DIRECTOR
Page 7 of 8
CONSULTANT:
40 CALVIN, GIORDANO &ASSOCIATES, INC.
a Florida corporation
Signed, sealed and delivered
in the presence of:
f
By:
Wit
z -�benlvis
Witness U Print Name
��
Title
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on j)&-CHgGjZ Z-14� ,2007,
by -w4 s 640e A(Ja and , as
4P as'l and , respectively, of Calvin, Giordano &
Associates, Inc.,a Florida corporation, on behalf of the corporation. They are personal ly known to
-=or have produced as identification and
did (did not) take an oath.
NOTARY PUBLIC, State of Florida
My commission expires:
N
ti1NA A.MMNt+01M
No"Pdit•Nm M P%ft
rl► t+Mw aft St.
COWWAS 011#DO 667M
NMI
Page 8 of 8
Calvin, Giordano & Associates, Inc.
E X C E P T 1 0 N A L S 0 L LI T 1 0 N S
November 30, 2007
Mr. Dominic Orlando
Public Services Director
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
RE: Dania Beach 5th Ave. Linear Park
CGA Proposal No, 07-1263
Dear Mr. Orlando,
We are pleased to submit this proposal for Professional Services on the above
referenced project located in the City of Dania Beach.
I. Professional Landscape Architecture Services
A. Using the Surveyed base information, verify conditions of any existing
Engineering trees/palms and provide assessment of the viability to relocate, remove or
Construction Engineering remain in current location.
& Inspection
Municipal Engineering
Transportation Planning B. Coordinate issues of Civil, Traffic and Electrical Engineering to ensure that
&Traffic Engineering all development issues for the park have been considered.
Surveying&Mapping
Planning
Landscape Architecture C. Prepare overall plan of linear park in conjunction with the Civil
&Environmental Services Engineering proposed solutions for the drainage and pedestrian crosswalk
Construction Services
areas.
Indoor Air Quality
Data Technologies
&Development D. Design the paving surfaces for the project and provided options for site
Emergency Management f imishin s for the City to review.
Services g y
Building Code Services
E. Finalize the layout as the other disciplines refine the designs of the park.
1AMer Drive, Suite 600
erdale, FL 33316 F. Design the proposed planting plans,plant lists and planting details.
Pho :954.921.7781
Fax:954.921.8807
www.calvin-giordano.com
Fort Lauderdale West Palm Beach Orlando Fort Pierce Homestead
•
Novcmber,10,20017
I. Provide it gation.design. specifications and detalk'-
G. Upon receiving approval of the d-esigan development plans by the City,
coordinate the construction document plans:for biddhig the project,
H. Provide assistance. through the bidding timeti-ame.
1. All constTuction adi-ninistration scope will be provided hourly as direct�J,
by the City.
f1roject will be, c<)rr)q1,tfe, wi-thsr-) 90 days a4+er cz;-mm"55ion approvol,
BASIS OF PROPOSAL
Anv opinion of the constmet'
I coon cost prepared by Calvin. Giordai-to & .Associates.,
Inc, represents its Judgment as a design professional and is supplied for the
general guidance of the CLIENT since Calvin, Giordano & Associates-hic-has
no control over the cost of labor and rnaterizat,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
C1,f EIN T
0 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, arid agency fees as well as Title Certificates, will be paid
by the CIAENT.
0 Basic services outlined within this proposal shall be considered complete v-41C.11
the project plans are, submitted to the regulatory agencies for Certification.
& Calvin, Giordano& Associates, Inc. is performing the consultant services set
forth In this Agreemeiif strictly as professional consultwit to CLIENT. Nothing
contained in this Agreement shall create iny contractual relationship between
Calvin, Criordano & Associates, Inc. and any contractor or subcontractor
performing construction activities on the pr(�ject, or any of C1,1ENJ."s other
professional consultants.
0 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 per po io f ns 0 the
construction.
* Calvin, Giordano & Associates, Inc. will ensure that all consultants carry proper
insurance, including, pro.1essional hability insurance, if appropriate.
0 Permit constructJo
1 , n.certification will include one partial and one filial inspection.
November 30,2007
Page 3 of 8
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 not limited to:
• Architectural, structural (i.e., retaining walls, bridges, docks), mechanical (i.e.,
fire pumps), fire protection, geotechnical and testing, environmental assessment,
power, gas, telephone, cable television, site lighting services.
• Calculations for needed fire flow for site demands, based on building type use
and size, if required.
• Calculations of off-site flood stages.
• Construction quality control inspections.
• Off-site engineering and negotiations for off-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 (i.e. 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.
• November 30,2007
Page 4 of 8
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 and sub-consultant invoices will be billed directly to the CLIENT at a
multiplier of 1.25.
MEETING ATTENDANCE
Due to the difficulties of predicting the number or duration of meetings, no meetings
other than those listed above, are included in the Schedule 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 Landscape Architecture Services $66,560.00
Preliminary Landscape Architecture $20,900.00
Final Landscape Architecture $26,380.00
Landscape Architecture Construction $5,760.00
Other Landscape Architecture Work Activity $13,520.00
II Meetings not included in I thru I Hourly
•
November 30,2007
Page 5 of 8
TERMS OF THE AGREEMENT
• Calvin, Giordano & Associates, Inc. agrees to indemnify, hold harmless and, at
CLIENT's option, defend or pay for an attorney selected by CLIENT, to defend
CLIENT, 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 Calvin, Giordano & Associates,
Inc.
• Calvin, Giordano & Associates, Inc. and the CLIENT agree by their signatures
on this document that each party will not hire or attempt to hire any staff from
the other party while under contract together.
• Calvin, Giordano & Associates, Inc. is preparing and providing drawings, plans,
specifications and other documents as outlined in the scope of services for this
Agreement for use in the construction of this project, based upon design and
construction criteria prepared and provided by others, including but not limited to
the CLIENT and CLIENT's consultants. Calvin, Giordano & Associates, Inc. is
not responsible for any errors and omissions in the aforesaid design and
construction criteria provided by others.
• CLIENT agrees to indemnify, hold harmless and, at Calvin, Giordano &
Associates, 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 furnished by
Calvin, 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.
•
• November 30,2007
Page 6 of 8
• 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 1
p J p pans and
other pertinent information, which are necessary for Calvin, 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
formally (evidenced by receipt of an executed copy of this document). All rates
and fees quoted in this document shall be effective for a period of six (6)months,
after which time they may be renegotiated with the CLIENT.
• This Agreement may be 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 party with respect to all covenants of this Agreement. Neither
CLIENT nor Calvin, Giordano & Associates, Inc. shall assign this Agreement
without written consent of the other.
• This Agreement represents the entire and integrated agreement between the
CLIENT and Calvin, Giordano &Associates, Inc. and supersedes all prior
negotiations, representations or agreements, either written or oral. This
• Agreement may be amended only by written instrument signed by both Calvin,
Giordano & Associates, Inc. and the CLIENT.
• November 30,2007
Page 7 of 8
• 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, ORDANO & ASSOCIATES,INC.
Dennis J. Giordano
President
•
. November 30,2007
Page 8 of 8
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ACCEPTANCE OF CONTRACT
CALVIN, GIORDANO & ASSOCIATES, INC.
BY: Date: !�
Name: Dennis J. Giordano
Title: President
BY: Date:
Name: Mr. Dominic Orlando
Title: Public Services Director
Calvin, Giordano & Associates, Inc.
E X C E P T 1 0 N A L S 0 L U T 1 O N S
PROFESSIONAL FEE SCHEDULE
Principal 200.00 Executive Assistant 70.00
ENGINEERING PLANNING
Associate,Engineering(VI) 175.00 Associate,Planning 150.00
Director,Engineering(V) 150.00 Director of Planning 130.00
Project Manager(IV) 130.00 Planning Administrator 120.00
Resident Inspector 120.00 Assistant Director 110.00
Project Engineer(III) 120.00 Planner 90.00
Engineer(lI) 100.00 Jr.Planner 75.00
Jr.Engineer(I) 85.00
Senior CADD Technician Manager 100.00 EXPERT WITNESS
CADD Technician 80.00 Principal/Associate 300.00
Traffic Technician 75.00 Registered Engineer/Surveyor 250.00
Permit Administrator 75.00 Project Engineer 200.00
Clerical 70.00
LANDSCAPE ARCHITECT
DATA TECH DEVELOPMENT Associate,Landscape 150.00
Associate,Data Tech Dev. 150.00 Senior Landscape Architect 115.00
GIS Coordinator 130.00 Environmental Administrator 110.00
GIS Specialist 110.00 Landscape Architect 100.00
Multi-Media 3D Developer 90.00 Environmental Specialist 90.00
GIS Technician 80.00 Landscape CADD Technician 80.00
Sr.Applications Developer Environmental Assistant 70.00
Private 160.00
Public 160.00 SURVEYING
Engineering Applications Developer Associate, Surveying 160.00
Construction Engineering Private 120.00 Hydrographic Survey Crew 325.00
&Inspection Public 120.00 G.P.S. Survey Crew 140.00
Municipal Engineering Network Engineer 130.00 Survey Crew 125.00
Transportation Planning
&Traffic Engineering Senior Registered Surveyor 130.00
CONSTRUCTION Survey Coordinator 85.00
Surveying&Mapping Associate, Construction 150.00 CADD Technician 80.00
Planning Construction Management Director 120.00 Submeter G.P.S 65.00
Landscape Architecture Senior Inspector 90.00
&Environmental Services
Construction Services MICROBIAL/INDOOR AIR
EMERGENCY MANAGEMENT QUALITY SERVICES
Indoor Air Quality Director 130.00 Sr. Environmental Scientist 100.00
Data Technologies Planner 90.00 Environmental Scientist 85.00
&Development
Jr.Planner 75.00
Emergency Management
Services
Building Code Services
In addition to the hourly rates listed above,charges will include direct out-of-pocket
IJM]Ier Drive,Suite 600 expenses such as reproduction,overnight mail, and other reimbursables billed at a
derdale, FL 33316 multiplier of 1.25.
Ph 954.921.7781
Fax:954.921.8807
www.calvin-giordano.com
http:HcgaspOl/cga_intranct/Document0rofFee Schedule effluly 2006.doc Effective July 1,2006
Fort Lauderdale West Palm Beach Orlando Fort Pierce Homestead