Res No 017-19-15289RESOLUTION NO.: 01 7 —1 9 —1 5 2 8 9
A Resolution authorizing the City Manager to negotiate and enter into a contract with Calvin,
Giordano & Associates, Inc. to prepare a Monitoring Assessment Plan as part of the Florida
Department of Environmental Services (FDEP) National Pollutant Discharge Elimination
(NPDES) Program requirements.
WHEREAS, the Mayor and City Commission wish to adhere to the requirements of the Florida
Department of Environmental Services (FDEP) National Pollutant Discharge Elimination System (NPDES); and
WHEREAS, Florida Department of Environmental Services (FDEP) requires every Co-Permittee to submit
a Monitoring Assessment Plan to the Florida Department of Environmental Protection (FDEP); and
WHEREAS, Calvin, Giordano & Associates, Inc., submitted a proposal to develop a Monitoring
Assessment Plan; and
WHEREAS, the scope of services, staff allocation and man-hours were negotiated; and
WHEREAS, the amount of $9,350 was found to be comprehensive and cost effective in its design
approach; and
WHEREAS, the City desires to provide a contingency of $1,500 over the proposal amount for unknown
factors that may arise during the Assessment Plan preparation; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter
into a contract with Calvin, Giordano & Associates, Inc. to prepare a Monitoring Assessment Plan as part of the
Florida Department of Environmental Services (FDEP) National Pollutant Discharge Elimination (NPDES) Program
requirements for a total amount not to exceed $9,350 and he is authorized to expend up to $1,500 for
unforeseen conditions.
WHEREAS, the expense for this service shall be charged to the Capital Improvement Fund Account 111-
1730-541-3450 with a balance of $127,985.43 prior to this request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA THAT:
Section 1. The City Manager is authorized to negotiate and enter into a contract with Calvin, Giordano
& Associates, Inc. to prepare a Monitoring Assessment Plan as part of the Florida Department of Environmental
Services (FDEP) National Pollutant Discharge Elimination (NPDES) Program requirements for a total amount not to
exceed $9,350 and he is authorized to expend up to $1,500 for unforeseen conditions. The expenditure shall be
charged to the Capital Improvement Program Fund account number 111-1730-541-3450, which has a balance of
$127,985.43 before this request was made.
Section 2: Severability. If any section, clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of
the remaining portions of this resolution.
Section 3: Effective Date: This resolution shall be effective immediately upon the time of its adoption.
Page 1 of 2
Res. No. 017-19-15289
PASSED AND ADOPTED this 51h day of February, 2019.
ATTEST: APPROVED:
CITY CLE K MAYOR
READ AND PROVED AS TO FORM
LANGU TY AND EXECUY
CITY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Welsh:
Commissioner Liebman:
Commissioner Gil:
5-0
Yea
Yea
Yea
Yea
Yea
Page 2 of 2
Agenda Item NoA.
City Commission Agenda Item Report
Meeting Date: February 5, 2019
Submitted by: Aurelio Carmenates
Submitting Department: Public Works & Engineering
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to negotiate and enter into a contract with Calvin, Giordano &
Associates, Inc. to prepare a Monitoring Assessment Plan as part of the Florida Department of Environmental
Services (FDEP) National Pollutant Discharge Elimination (NPDES) Program requirements. 3/5 (City
Manager -Public Works & Engineering)
Suggested Action:
Attachments:
Memo for NPDES Assessment Plan rev.docx
Reso for NPDES Assessment Plan rev.docx
FDEP E-mail Request for Monitoring Assessment Plan.pdf
Request for Services to provide NPDES Assessment Plan.pdf
18-2590 South Miami FDEP NPDES (signed CG).pdf
South Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
DATE: February 5, 2019
SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a contract with
Calvin, Giordano & Associates, Inc. to prepare a Monitoring Assessment Plan as part of
the Florida Department of Environmental Services (FDEP) National Pollutant Discharge
Elimination (NPDES) Program requirements.
BACKGROUND: The Florida Department of Environmental Services (FDEP) National Pollutant
Discharge Elimination (NPDES) Program requires for the annual reporting period that
every Co-Permittee submit a Monitoring Assessment Plan. The City staff contacted
other municipalities in an effort to piggyback to an existing contract but since these
services are specific in nature the procurement process was not competitively bid and
the City had to request for professional services. Calvin, Giordano & Associates, will
provide project management and coordination, review major FDEP outfalls, identify
potential water quality problem, measure effectiveness of stormwater pollution
reduction practices, conduct Map and Land Use review, Coordinate with GIS on
required maps and prepare ArcMap document as well as coordinate with Miami -Dade
County on obtaining water quality and compliance data.
AMOUNT:
The City received quotes between November 2018 and January 2019 for services to
prepare a Monitoring Assessment Plan. Pursuant to its review, it was determined that
Calvin, Giordano & Associates, Inc., provided the most cost effective and
comprehensive proposal. Below are the top proposals received:
Paving Repair Contractors Bid Price
Calvin, Giordano & Associates, Inc.
$9,350.00
EAC Consulting, Inc
$22,000.50
SRS Engineering
No expertise
A contingency amount of $1,500 will be included over the proposal amount of $9,350
to address for unknown factors that may arise during the preparation of the
Assessment Plan.
Amount not to exceed $10,850.
FUND & ACCOUNT: The expenditure shall be charged $10,850 to the to the Capital Improvement
Program Fund account number 111-1730-541-3450, which has a balance of
$127,985.43 prior to this request.
ATTACHMENTS: Resolution
FDEP E-mail Request for Monitoring Assessment Plan
Request for Services
Calvin, Giordano & Associates, Inc. Proposal
2
Payne, Nkenga
From: Shari Karnali
Sent: Wednesday, August 29, 2018 4:02 PM
To: Aurelio Carmenates
Cc: Gomez, Nelson
Subject: FW: Miami -Dade County NPDES Permit Requirement - Monitoring Assessment Plan
Attachments: Assessment Plan Template; MiamiDade Cycle4
_NPDES FINALPermit Pages Reg Assessment Program_Requirements.pdf
fyi
Best regards,
Shari Kamali
Deputy City Manager
City of South Miami
Office:305-663-6319
From: "Muthiah P.E., Mallika (RER)"<Mallika.MuthiahP.E@miamidade.eov>
Date: Wednesday, August 8, 2018 at 1:06 PM
To: "aazicri@citvofhomestead.com" <aazicri@citvofhomestead.com>, "acardelle@balharbourfl.eov"
<acardelle@balharbourfl.eov>, "ACaruso@craieasmith.com" <ACaruso@craieasmith.com>,
"ap,onzalez@nbvillage.com" <agonzalez@nbvillaee.com>, Airia Austin <aaustin@opalockafl.eov>,
"alevine@citvofaventura.com" <alevine@citvofaventura.com>, "alexdiaz@golden beach. us"
<alexdiaz@goldenbeach.us>, "Alfonso F. Blanco"<alfonso.blanco@dot.state.fl.us>, Alicia Verea-Feria
<Alicia.Verea-Feria@tetratech.com>, Anthony Mihalko <amihalko@citvofaventura.com>,
flag uintero@cutlerbav fl.eov" <aauintero@cutlerbav-fl.Rov>, "asanroman @cityofhomestead.com"
<asanroman@cityofhomestead.com>, "aviQar@opalockafl.eov" <aviQar@opalockafl.Rov>,
"bmartin@vireiniaeardens-fl.eov" <bmartin@virginiagardens-fl.Rov>, Briyonna Joyner
<ioynerb@miamisprines-fl.eov>, "AcostaC@miamilakes-fl.gov" <AcostaC@miamilakes-fl.Rov>, Carlos Ribbeck
<cr@ribbeck.co>, "Carlos.Arroyo@citvofdoral.com" <Carlos.Arroyo@citvofdoral.com>, Chris Miranda
<Mirandac@MSVfl.eov>, Christie Alou<villaeemanaeer@villaeeofelportal.org>, "clerk@balharbourfl.eov"
<clerk@balharbourfl.eov>, "cnoriega@nbvillaee.com" <cnorieea@nbvillage.com>, "Patterson, Corrice
[Palmetto Bay]" <cpatterson@palmettobav-fl.gov>, "csr@coralgables.com" <csr@coralgables.com>, David
Galeano <dealeano@coralgables.com>, "daviss@miamishoresvillage.com" <daviss@miamishoresvillaee.com>,
Debra Lima <dlima@sibfl.net>, "deiordano@ceasolutions.com" <deiordano@cgasolutions.com>, "Diego M.
Lopez, P.E." <dlopez@nbvillage.com>, Doug Armstrong<darmstrone@bavharborislands-fl.gov>,
"dulce.pantaleon@citvofdoral.com" <d u Ice. pantaleon @citvofdoral.com>, "eabia@opalockafl.eov"
<eabia@opalockafl.eov>, "esilva@palmettobav-fl.eov" <esiIva@pal mettobav-fl.eov>,
"edward.roias@citvofdoral.com" <edward.roias@citvofdoral.com>, "egomez@cityofsweetwater.fl.gov"
<eeomez@cityofsweetwater.fl.eov>, Elizabeth Wheaton<elizabethwheaton@miamibeachfl.eov>, Elka Linton
<elinton@sibfl.net>, "epino@coraleables.com" <epino@coraleables.com>, "eproto@eescfl.com"
<eproto@eescfl.com>, Eric Carpenter<EricCarventer@miamibeachfl.eov>, "esanchez@miamieardens-fl.eov"
<esanchez@miamieardens-fl.eov>, "Santiago, Eugenio M. (keybiscayne.fl.gov)"
<esantiaeo@keybiscayne.fl.eov>, "esmond.scott@citynmb.com" <esmond.scott@citvnmb.com>,
"esoroka@citvofaventura.com" <esoroka@citvofaventura.com>, "eherbello@nbvillaee.com"
<eherbello@nbvillaee.com>, "fduval@townofsurfsidefl.eov" <fduval@townofsurfsidefl.eov>, Fernando
Rodriguez<fernando.rodrieuez@citvnmb.com>,"eiaime@cityofhialeaheardens.com"
<eiaime@cityofhialeahgardens.com>, "hcabrera@townofinedley.com" <hcabrera@townofinedley.com>,
"ivelasQuez@mdxway.com" <ivelasquez@mdxway.com>, "iacevedo2@coralgables.com"
9 <iacevedo2@coraleables.com>, James Wolfe <iames.wolfe@dot.state.fl.us>, Jasmine Andrion
<Jasmine.Andrion@dot.state.fl.us>, "ibrea@cityofhomestead.com" <ibrea@citvofhomestead.com>,
"icorzo@townofinedley.com" <icorzo@townofinedley.com>, "iimmvmorales@miamibeachfl.eov"
<iimmvmorales@miamibeachfl.gov>, "ilopez@keybiscayne.fl.gov" <ilopez@keybiscayne.fl.Rov>,
"ioelopez@tricountygroup.com" <ioelopez@tricountyeroup.com>, "ioldenburg@balharbourfl.gov"
<ioldenburg@balharbourfl.Rov>, "Jorge Gomez, P.E." <Jorge.Gomez@cityofdoral.com>, "Joseph S. Kroll"
<ikroll@cityofaventura.com>, Josephine Smith <ismith@floridacityfl.eov>, "isoto@townofinedley.com"
<jsoto@townofinedley.com>, "JToledo@mdxway.com" <JToledo@mdxway.com>, Juan Pena
<Juanpena@cLbmfwestmiami.ore>, "iudeenJohnson@citvnmb.com" <iudeen.iohnson@citynmb.com>, Kevin
Brown <kebrown@hntb.com>, "kmcdonough@sibfl.net" <kmcdonoueh@sibfl.net>,
"kmckoy@eoldenbeach. us" <kmckov@eoldenbeach, us>, "leggerson@eoldenbeach.us"
<lepperson@goldenbeach. us>, "IRarrido@coralgables.com" <learrido@coraleables.com>,
"lisa.kloack@citvnmb.com" <lisa.kloack@citvnmb.com>, "Llanos, Leo (pinecrest-fl.gov)" <Ilanos@pinecrest-
fl.Rov>, "Ispring@north miamifl.gov" <Isprine@north m!am Ago v>, "maherdr@cdmsmith.com"
<maherdr@cdmsmith.com>, "manuel.veea@dot.state.fl.us" <manuel.vega@dot.state.fl.us>, Margarita Wells
<margaritawells@miamibeachfl.goy>, "mfernandez@vireiniaeardens-fl.eov" <mfernandez@vireiniaeardens-
fl.eov>, Mike Gambino<risingwatersconsultinR@gmail.com>, Mike Gambino <mgambino1@mianfwardens-
fl.gov>, "mlima @icvps.ore" <mlima@icvps.ore>, "mpierresaint@sibfl.net" <mgierresaint@sibfl.net>,
"mspanioli@ginecrest-fl.gov" <mspanioli@ginecrest-fl.eov>, "nasht@miamisprines-fl.gov"
<nasht@miamisprings-fl.gov>, "Nicole G. Tobias" <ntobias@pinecrest-fl.eov>, Owen Carney
<ocarney@opalockafl.eov>, Pamela Springle <pspringle@cutlerbav-fl.gov>, "paguart@craventhompson.com"
<paQuart@craventhompson.com>, "pwisler@ north miamifl.gov" <pwisler@northmiamifl.Rov>, Randy Daniel
<rdaniel@bavharborislands-fl.gov>, Randy Stokes <rstokes@townofsurfsidefl.gov>,
"rcade@northmiamifl.gov" <rcade@north miamifl.gov>, "rcarrero@nbvillage.com" <rcarrero@nbvillage.com>,
"ricardo.salazar@dot.state.fl.us" <ricardo.salazar@dot.state.fl.us>, "rlorenzo@citvofhialeahgardens.com"
<rlorenzo@cityofhialeaheardens.com>, Robert Williamson <rwilliamson @sibfl. net>, "romerot@miamisprings-
fl.goy" <romerot@miamisprines-fl.eov>, Roy Coley <roycoley@miamibeachfl.eov>,
"rwasson@bayharborislands.net" <rwasson@bavharborislands.net>, "sand riu k@ mdxway.com"
<sandriuk@mdxway.com>, Sherry Ader <sader@citvofhomestead.com>, Shari Karnali
<SKamali@southmiamifl.eov>, "smorris@sibfl.net" <smorris@sibfl.net>, "snovoa@townofsurfsidefl.gov"
<snovoa@townofsurfsidefl.gov>, "Steven J. Alexander" <SAlexander@southmiamifl.gov>,
"tbrown keybiscayne.fl.eov" <tbrown@keybiscayne.fl.gov>, "tbvrd@vireiniaeardens-fl.gov"
<tbvrd@vireiniaeardens-fl.gov>, "thomasds@cdmsmith.com" <thomasds@cdmsmith.com>, Tom Positano
<tpositano@north miamifl.Rov>, "truiz@miamigardens-fl.gov" <truiz@miamieardens-fl.Rov>,
"tsmith@nbvillage.com" <tsmith@nbvillage.com>, "Vanessa V. Delgado" <delgadov@miamilakes-fl.Rov>,
"Vgclerk@aol.com" <Vgclerk@aol.com>, Vicky Panoff <panoffv@miamisgrinRs-fl.Rov>, "villaRe@icvgs.ore"
<villaee icvps.org , to <villageclerk@biscayneparkfl.eov>,
"villagemanager@biscayneparkfl.gov"<villagemanaeer@biscayneparkfl.gov>, "vtorres@cutlerbav-fl.gov"
<vtorres@cutlerbav-fl.Rop, "viacobi @vil lageofelportal.org" <viacobi@viIlaeeofelgortaLorR>, Yolanda Aguilar
<YolandaA@citvofwestmian .org>, Yusniekys Palacio <vpalacio@bavharborislands-fl.gov>, "yveea@cutlerbay-
fl.gov" <yvega@cutlerbav-fl.eov>, Yvette Harrel <vharrell@opalockafl.Rov>
Cc: Michelle Bull <michelle.bull@dep.state.fl.us>, "Blanco -Pape, Marina (RER)" <Marina.Blanco-
Pape@miamidade.gov>, "Sweeney, Pamela (RER)" <Pamela.Sweeney@miamid ade.gov>, "Avila, Christian
(RER)" <Christian.Avila@miamidade.gov>, "Abdelrahman, Omar (RER)"
<Omar.Abdelrahman@miamidade.goy>, "White, Randall (RER)" <Randall.White@miamidade.gov>
Subject: Miami -Dade County NPDES Permit Requirement - Monitoring Assessment Plan
Good afternoon all Co-Permittees:
The purpose of this message is to remind our Co-Permittees of the upcoming due date to submit your
"Monitoring Assessment Plan" to the Florida Department of Environmental Protection (FDEP): December 28,
2018 (within 12 months of NPDES permit issuance of 12-29-17).
The Assessment Program requirements language regarding the due date, pursuant to Miami -Dade County's
FINAL MS4 Permit, Section PART V. B.2., is as follows:
Assessment Program Requirements: Each permittee, or permittees operating under a
collaborative assessment program, shall develop and submit an assessment program to the
Department (FDEP) for review and approval within 12 months of permit issuance. Prior to
Department approval, the permittee shall continue to implement their previously approved
monitoring program. If multiple permittees operate under one collaborative assessment program,
the program shall specify which permittees are collaborating on which elements in 1.a. through c.
above. The monitoring plan shall be prepared in accordance with the Department's Guidance for
Preparing Stormwater Monitoring Plans as Required for Phase I Municipal Separate Storm Sewer
System (MS4) Permits (most current version).
A document containing Miami -Dade County & Co-Permittees' Cycle 4 NPDES Permit pages pertaining to the
Assessment Program Requirements is attached here. An Assessment Plan Template, provided by FDEP is also
attached for your information.
If you have any specific questions regarding the Assessment Plan for your municipality/agency, please contact
Ms. Michelle Bull (FDEP) at (850) 245-7561. For general questions, please contact me at (305) 372-6921 or
Randall White at (305) 372-6406.
Note: This message Is sent to over 90 people. Therefore, if you have any specific questions, please send your
messages only to the intended recipients, and avoid using the "Reply All" feature.
Thank you.
.MaMa
Mallika Muthiah, P.E.
Senior Professional Engineer
Water Management Division
Environmental Resources Management
Miami -Dade County Regulatory & Economic Resources (RER)
701 NW 1st Court, Fifth Floor, Miami, FL 33136
Tel.: 305-372-6921
Mallika.Muthiah@miamidade.gov
www.miamidade.aov/environment
Please consider the environment before printing this email.
7
3
Please find below the scope of services to prepare an Assessment Plan based on the FDEP NPDES program
requirements as required for this FY per email dated 8/8/2018 (see attached draft template of
requirements) and provide a cost proposal for these services.
Provide the following services as detailed in the proposal:
1. Evaluate the relationship between changes in water quality and / or stormwater pollutant
loading with the City of South Miami existing stormwater management plan (SWMP)
2. Evaluate the effectiveness of the City of South Miami's existing SWMP in reducing stormwater
pollutant loadings.
To accomplish the items above it will first require to acquire the following information:
1. Major surface water bodies within the City's jurisdiction
2. Major outfalls that discharge to surface water bodies
Then, will develop a Phase I MS4 monitoring plan to assess water quality improvements and pollutant
load reductions to include:
1. Potential water quality problem areas through review of land use and the water quality data
from Miami -Dade County
2. Measure of effectiveness of stormwater pollution reduction practices
3. Evaluate pollution loading documentation
4. Conduct map and land use review
5. Coordinate with GIS dept on required maps to be provided in hard copy or GIS shape files
6. Coordinate with Miami -Dade County on obtaining water quality and compliance data.
Finally, prepare a map document to include the following:
a) Major surface water bodies within the City's jurisdictions
b) ID of all major MS4 outfalls that discharge to surface water bodies, including those discharging
to waters on the FDEP verified list of impaired waters
c) Location of the monitoring / sampling stations
d) Table identifying the monitoring / sampling stations that include latitude/longitude of any in -
lake or in -stream monitoring stations as well as any outfalls and the water of bodies to which they
discharge
e) Table summarizing the land use in acres and percent of the contributing drainage area using
standard land use classifications for any lake or stream
Building Code Services
Civil Engineering / Roadway
d Highway Design
Coastal Engineering
Code Enforcement
Construction Engineering 8
Inspection (CEI)
Construction Services
Data Technologies 8
Development
Electrical Engineering
Engilreedng
Emimmnental Services
Facilities Management
Geographic information
Systems (GIS)
Governmental Services
Indoor Air Duality
Landscape Architecture
Marring
Project Management
Redevelopment
8lkban Design
Surveying 8 Mapping
Traffic Engineering
Transportation Planning
Water / Utillees Engineering
Website Development
1800 Eller Drive
Suite 600
Fort Lauderdale, FL
33316
954.921.7781 phone
954.921.8807 fax
www.cgasoludons.com
Calvin, Giordano & Associates, Inc.
E X C E P T I O N A L 5 0 L U T I O N 5'
November 6, 2018
Mr. Aurelio Carmenates
Project Manager
City of South Miami
4795 SW 75th Avenue
Miami, FL 33155
RE: City of South Miami FDEP NPDES Assessment Plan
CGA Proposal No. 18-2590
Dear Mr. Carmenates,
Calvin, Giordano & Associates, Inc. (CGA) is pleased to submit this
proposal for professional services on the above -referenced project to the
City of South Miami (CLIENT). The project consists of preparing an
Assessment Plan based on Florida Department of Environmental
Protection (FDEP) National Pollutant Discharge Elimination System
(NPDES) Program requirements. The assessment shall evaluate the
relationship between changes in water quality and / or stormwater pollutant
loading in the CLIENT's existing stormwater management plan (S WMP),
and evaluate the effectiveness of the City's existing SWMP in reducing
stormwater pollutant loadings.
This proposal includes the scope and fees for Engineering, Environmental,
and Data Technologies and Development services in order to complete the
Assessment Plan required by FDEP NPDES Program.
The specific scope of services is detailed as follows:
I. Professional Engineering Services
A. Civil Engineering
I. Project Management
• CGA shall provide project management and client
coordination services during the preparation of the
Assessment Plan. This task includes the following
items:
P
FORTLAUDEROALE MIAMI-DADE WEST PALM BEACH CLEARWATER/TAMPA ESTERO PORT ST. LUCIE
November6, 2018
Coordinate with the CLIENT to obtain the necessary
information and documentation needed to complete the
Assessment Plan;
Coordinate with FDEP NPDES Program Manager to confirm
and / or clarify items required in the Assessment Plan;
Conduct one (1) site visit to become familiar with the project
site and verify the location of the CLIENT's major FDEP
Municipal Separate Storm Sewer System (MS4) outfalls.
IL Professional Environmental Services
A. Develop a Phase I MS4 Monitoring Plan in accordance with PART V.
MONITORING REQUIREMENTS, section B. Assessment Program, of the
CLIENT's NPDES permit to assess water quality improvements and pollutant
load reductions. To include:
1. Identify potential water quality problem areas through review of land
uses and the water quality data from Miami -Dade County.
2. Measure of effectiveness of stormwater pollution reduction practices
such as street sweeping programs, catch basin cleaning, trash and litter
pick-up programs, new or upgraded stormwater management system
improvements.
3. Evaluate pollution loading documentation.
4. Conduct Map and Land Use review. Review the existing land uses
adjacent to canals/streams and what contributes to the outfalls/run-off;
such as Industrial uses, pasture and grazing lands with run-off into
canals, un-official dog parks creating run-off into surface waters etc.
5. Coordinate with CGA GIS Department on required maps to be provided
in hard copy and GIS shape files.
6. Coordinate with Miami -Dade County on obtaining water quality and
compliance data.
III. Professional Data Technologies & Development Services
A. Acquire Data
1. CGA shall acquire the following GIS data:
0 Major surface water bodies within the CLIENT's jurisdictions;
November 6, 2018
Major MS4 outfalls that discharge to surface water bodies,
including those discharging to waters on the FDEP Verified List of
Impaired Waters or to waters for which total maximum daily loads
(TMDLs) have been adopted;
Locations of the monitoring/sampling stations.
B. Prepare ArcMap Document
1. CGA shall prepare a map document that includes the following:
Major surface water bodies within the CLIENT's jurisdictions;
Identification of major MS4 outfalls that discharge to surface
water bodies, including those discharging to waters on the FDEP
Verified List of Impaired Waters or to waters for which TMDLs
have been adopted;
The location of the monitoring/sampling stations.
2. CGA shall prepare a table identifying the monitoring/sampling
station(s) that includes the latitude and longitude of any in -lake or in -
stream monitoring stations as well as any outfalls and the water bodies
to which they discharge or are associated.
3. CGA shall prepare a table summarizing the land use in acres and percent
of the contributing drainage area using standard land use classifications
for any lake or stream sites, or stormwater outfall monitoring stations
within the CLIENT's jurisdiction.
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 Certificates will be paid by the
CLIENT.
• Basic services outlined within this proposal shall be considered complete when the
project plans are submitted to the regulatory agencies for Certification.
• Calvin, Giordano & Associates, Inc. is performing the consultant services set forth
in this Agreement strictly as a professional consultant to CLIENT. Nothing
contained in this Agreement shall create any contractual relationship between
11
November 6, 2018
Calvin, Giordano & Associates, Inc. and any contractor or subcontractor performing
construction activities on the project, or any of CLIENT's other professional
consultants.
• Calvin, Giordano & Associates, Inc. shall not be responsible for the contractor's
schedules or failure to carry out the construction in accordance with the
construction documents. Calvin, Giordano & Associates, Inc. shall not have control
over or charge of acts or omissions of the contractor, subcontractors, or their agents
or employees, or of any other persons performing portions of the construction.
• Calvin, Giordano & Associates, Inc. will require that all consultants carry proper
insurance, including professional liability insurance, if appropriate.
• Permit construction certification will include one partial and one final inspection.
ADDITIONAL FEES
The following services are NOT included in this proposal and will be considered
Additional 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
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November 6, 2018
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 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
Professional Engineering Services
A Professional Civil Engineering Services $1,800.00
III Professional Environmental Services $69750.00
III Professional Data Technologies & Development Services $800.00
GIs
Acquire data $200.00
Prepare ArcMap Document $400.00
QA/QC $200.00
IV Meetings not included in I thru III Hourly
TOTAL Lump Sum- (Plus Hourly Services) $9,350.00
November 6, 2018
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 completion.
• 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.
• 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
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November 6, 2018
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.
PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN
INDIVIDUAL EMPLOYEE OR AGENT OF CALVIN, GIORDANO &
ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE IN
NEGLIGENCE FOR ANY CLAIMS, DAMAGES, LOSSES, OR DISPUTES
ARISING OUT OF OR SUBJECT TO THE CONTRACT.
The CLIENT or their representative shall be available to meet with Calvin,
Giordano & Associates, Inc. and provide decisions in a timely manner throughout
the course of the project. The CLIENT will provide all plans and other pertinent
information, which are necessary for Calvin, Giordano & Associates, Inc. to
provide complete professional services as outlined in this contract.
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.
• 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
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November 6, 2018
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,
C N, ANO &ASSOCIATES, INC.
Chris Giordano
Vice President
16
Cost of these services are $9,350.00 plus hourly as noted in fee breakdown.
ACCEPTANCE OF CONTRACT
CALVIN, GIORDANO & ASSOCIATES, INC.
By: Date:
Name: s Giordano
Title: Vice President
By:
Name:
Title:
Mr. Aurelio Carmenates
Project Manager
Date:
Novenber6,2018
17
Professional Services Contract
NPDES MONITORINGASSESSMENT PLAN
THIS CONTRACT, entered into this Q� day of Maf C , 2019, by the CITY OF
SOUTH MIAMI through its Manager, both of whom shall a hereinafter referred to as the
"CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail:
salexander(asouthmiamifl.gov and Calvin, Giordano & Associates, Inc. with an office and
principal place of business located at 1800 Eller Drive, #600, Fort Lauderdale, FL 33316
and E-mail address of hhendersonAcgasolutions.com> and Facsimile transmission number
of 954-921- 8807 (hereinafter called the "CONTRACTOR").
WITNESSETH:
WHEREAS, the CITY needs Professional services to develop an NPDES
Assessment Plan; and
WHEREAS, the CITY desires to retain CONTRACTOR to provide the required goods
and services as reflected in CONTRACTOR's letter agreement that is attached and made a part
hereof as Exhibit 3 and based on CONTRACTOR's representations which reflect that
CONTRACTOR is qualified and capable of providing said goods and services in a professional
and timely manner and in accordance with the CITY's goals and requirement; and
WHEREAS, CONTRACTOR has agreed to provide the required goods and services
in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the parties agree as follows:
1) Engagement of Contractor: Based on the representations of CONTRACTOR as
set out in the following "checked" documents the CITY hereby retains CONTRACTOR to
provide the goods and services set forth in Exhibit 3, as modified by this Agreement and the
other Contract Documents.
2) Contract Documents: The Contract Documents shall include this Contract and the
following "checked documents", as well as any attachments or exhibits that are made a part of
any of the "checked documents".
(Check the box immediately preceding the document described below to indicate that such document is
part of this Contract)
[�] CITY's Scope of Services, marked as Exhibit 1
[�] CITY's Insurance & Indemnification Requirements that have been marked as
Exhibit 2,
[4] CONTRACTOR's proposal which has been marked as Exhibit 3
This Contract, the CITY's Scope of Services and CITY's Insurance & Indemnification
Requirements, shall take precedent over CONTRACTOR's proposal. The "checked
documents" are attached hereto and made a part hereof by reference.
3) Date of Commencement: CONTRACTOR shall commence the performance of
the Work under this Contract on a date to be specified in a Notice to Proceed. Time is of the
essence.
4) Scope of Services: The goods and services to be provided are as set forth in the
"checked documents".
5) Compensation: The CONTRACTOR's compensation for CONTRACTOR's
performance under the terms and provisions of this Contract, shall be as indicated in the
CONTRACTOR's proposal.
6) Time Provisions: The term of this Contract shall commence on the Work
Commencement Date and shall continue for days or unless earlier terminated
according to the Contract Documents. Notwithstanding the foregoing, this Contract may be
extended if the extension is in writing and signed by the City Manager. An extension of the
term of this Contract is at the CITY's sole and absolute discretion. In any event, and
notwithstanding any other provision to the contrary in this Agreement, or any attachments
thereto, this Agreement shall not exceed a total term of five (5) years, including any extensions
thereto.
7) Termination: This Contract may be terminated without cause by the CITY with 30
days of advanced written notice. This provision supersedes and takes precedence over any
contrary provisions for termination contained in the Contract Documents unless they provide
for a smaller time limit for such notice of termination.
8) Applicable Law and Venue: Florida law shall apply to the interpretation and
enforcement of this Contract. Venue for all proceedings shall be in Miami -Dade County,
Florida.
9) Duties and Responsibilities: CONTRACTOR shall comply with all applicable
laws, ordinances, codes, rules, regulations, and health and safety standards of any
governmental body having jurisdiction over any matter related to this Contract or the goods and
services to be performed hereunder and shall commit no trespass on any private property in
performing any of the work embraced by this Contract. Each provision and clause required by
law to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall
be read and enforced as though such provisions and clauses were included herein.
10) Change Orders: No additional Work or extras shall be done unless the same is
duly authorized in writing and in advance of the work by appropriate action by the City
Manager and in accordance with the Contract Documents.
11) Licenses and Certifications: Contractor shall secure all necessary business and
professional licenses at its sole expense prior to executing this Contract or commencing the
Work.
12) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the
insurance, indemnification and bonding requirements set forth in the Contract Documents.
13) Jury Trial Waiver: The parties waive their right to jury trial.
14) Entire Agreement, Modification, and Non -waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or
oral. The Contract Documents may not be modified or amended except in writing, signed by
both parties hereto and if this Contract is required to be approved by the City Commission, all
amendments thereto must be approved in the same manner and with the same formality as this
Contract. The Contract Documents, in general, and this paragraph, in particular, shall not be
modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the
Contract Documents, in whole or part, including the provisions of this paragraph, may be
implied by any act or omission.
15) Public Records: CONTRACTOR and all of its subcontractors are required to
comply with the public records law (s.119.0701) while providing goods and services on behalf
of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph
in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required
by the public agency to perform the service; (b) Upon request from the public agency's
custodian of public records, provide the public agency with a copy of the requested records or
allow the records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public
records that are exempt or confidential and exempt from public records disclosure requirements
are not disclosed except as authorized by law for the duration of the Contract term and
following completion of the Contract if CONTRACTOR does not transfer the records to the
public agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public
agency all public records in possession of CONTRACTOR or keep and maintain public records
required by the public agency to perform the service. If CONTRACTOR transfers all public
records to the public agency upon completion of the Contract, CONTRACTOR shall destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If CONTRACTOR keeps and maintains public records upon
completion of the Contract, CONTRACTOR shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143.
16) Drug Free Workplace. CONTRACTOR shall comply with the Drug Free
Workplace policy set forth in the City of South Miami's Personnel Manual which is made a
part of this Contract by reference.
17) Transfer and Assignment. None of the work or services under this Contract
shall be subcontracted or assigned without prior written consent from the CITY which may
be denied without cause.
18) Non -Appropriation of Funds. In the event that no funds or insufficient funds
are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments
due under this contract, then the City, upon written notice to CONTRACTOR or its assignee
of such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense. No guarantee, warranty or representation is made that any particular
project(s) will be awarded to any CONTRACTOR.
22) Most Favored Public Entity. CONTRACTOR represents that the prices
charged to City in the proposal do not exceed existing prices to other customers for the same
or substantially similar items or services for comparable quantities under similar terms,
conditions, wages, benefits, insurance coverage and any other material cost factors. If
CONTRACTOR's prices decline, or should respondent, at any time during the term of a
contract entered into with City, provide the same goods or services with the same comparable
quantities under similar terms, conditions, wages, benefits, insurance coverage and any other
material cost factors, CONTRACTOR shall immediately extend the same prices to City.
Notices. All notices given or required under this Contract shall be deemed sufficient
if sent by a method that provides written evidence of delivery, including e-mail and facsimile
transmission. Return of mail, sent to the address contained herein for the parties or their
contact persons, as not deliverable or for failure to claim the mail shall be deemed received
on the date that the mail is returned to sender.
19) Indemnification. In the event that any of the contract documents provide for
indemnification, nothing contained therein shall imply that the City has waived its sovereign
immunity as provided by Florida Statute, Section 786.28 and anything to the contrary
contained therein shall be null and void and of no force or effect.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the
date first above written, with full knowledge of its content and significance and intending to
be legally bound by the terms hereof.
Wit
i esse
By:
Elizalieth Prat
ATTESTED:
By.
Nkeng% A. Payne, CMC
City Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof:
By:
City City Attorney
Calvin, ' dano C.
By:
C ris Giordano
Wven Alexander
City Manager
EXHIBIT 1
SCOPE OF SERVICES
NPDES MONITORING ASSESSMENT PLAN
BACKGROUND:
The City of South Miami," is seeking to retain the services of a CONSULTANT who can prepare
a Monitoring Assessment Plan in accordance to the Florida Department of Environmental
Protection (FDEP) requirements, as more particularly described herein, under a professional
service contract. In order to fulfill such needs and meet the requirements for specialized services,
the City intends to retain a single Consultant under a professional service agreement. The
professional services agreement shall be for a term of three (3) years with one (1) renewal option
of two (2) years, at the sole discretion of the City, for a total term of five (5) consecutive years; or
the contract will terminate upon Project Completion.
The services to be provided by the consultant(s) will be:
I. THE PROJECT:
The project consists of preparing a Monitoring Assessment Plan as part of the Florida
Department of Environmental Services (FDEP) National Pollutant Discharge Elimination
(NPDES) Program requirements
II. SCOPE OF SERVICES:
The services to be provided by the consultant(s) shall be:
Prepare a Monitoring Assessment Plan as part ofthe Florida Department ofEnvironmental Services
(FDEP) National Pollutant Discharge Elimination (NPDES) Program requirements. Provide project
management and coordination, review major FDEP outfalls, identify potential water quality
problem, measure effectiveness of stor nwaterpollution reduction practices, conduct Map and Land
Use review, Coordinate with GIS on required maps and prepare ArcMap document as well as
coordinate with Miami -Dade County on obtaining water quality and compliance data
SITE LOCATION:
Citywide
IV. PROJECT DURATION:
30 Calendar Days
END OF SECTION
EXHIBIT 2
Insurance & Indemnification Requirements
NPDES MONITORING ASSESSMENT PLAN
Insurance Requirements
Without limiting its liability, the contractor, consultant or consulting firm (hereinafter
referred to as "FIRM" with regard to Insurance and Indemnification requirements)
shall be required to procure and maintain at its own expense during the life of the
Contract, insurance of the types and in the minimum amounts stated below as will
protect the FIRM, from claims which may arise out of or result from the contract or
the performance of the contract with the City of South Miami, whether such claim is
against the FIRM or any subconsultant, or by anyone directly or indirectly employed
by any of them or by anyone for whose acts any of them may be liable.
No insurance required by the CITY shall be issued or written by a surplus lines carrier
unless authorized in writing by the CITY and such authorization shall be at the CITY's
sole and absolute discretion. The FIRM shall purchase insurance from and shall
maintain the insurance with a company or companies lawfully authorized to sell
insurance in the State of Florida, on forms approved by the State of Florida, as will
protect the FIRM, at a minimum, from all claims as set forth below which may arise
out of or result from the FIRM's operations under the Contract and for which the
FIRM may be legally liable, whether such operations be by the FIRM or by a
subconsultant or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are
applicable to the Work to be performed; (b) claims for damages because of bodily
injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims
for damages because of bodily injury, sickness or disease, or death of any person other
than the FIRM's employees; (d) claims for damages insured by usual personal injury
liability coverage; (e) claims for damages, other than to the Work itself, because of
injury to or destruction of tangible property, including loss of use resulting there from;
(f) claims for damages because of bodily injury, death of a person or property damage
arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily
injury or property damage arising out of completed operations; and (h) claims
involving contractual liability insurance applicable to the FIRM's obligations under the
Contract.
Firm's Insurance Generally. The FIRM shall provide and maintain in force and
effect until all the Work to be performed under this Contract has been completed and
accepted by CITY (or for such duration as is otherwise specified hereinafter), the
insurance coverage written on Florida approved forms and as set forth below:
Workers' Compensation insurance at the statutory amount as to all employees in
compliance with the "Workers' Compensation Law" of the State of Florida including
Chapter 440, Florida Statutes, as presently written or hereafter amended, and all
applicable federal laws. In addition, the policy (ies) must include: Employers'
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Thomas F. Pepe 2016
07/29/16
Liability at the statutory coverage amount. The FIRM shall further insure that all of its
subconsultant maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form
endorsement, as well as automobile liability, completed operations and products
liability, contractual liability, severability of interest with cross liability provision, and
personal injury and property damage liability with limits of $1,000,000 combined
single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance shall be written
on a Florida approved form with the same coverage as the primary insurance policy
but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate.
Coverage must be afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability policy, without restrictive endorsements, as filed by
the Insurance Services Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract,
including any hold harmless and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed,
with minimum limits of coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per
occurrence combined single limit for Bodily Injury Liability and Property Damage
Liability. Umbrella coverage must be afforded on a form no more restrictive than the
latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by with the state of Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non -Owned Vehicles
(c) Employers' Non -Ownership
Subconsultant: The FIRM agrees that if any part of the Work under the Contract is
sublet, the subconsultant shall contain the same insurance provision as required by the
FIRM, other than the Fire and Extended Coverage Insurance and substituting the word
subconsultant for the word FIRM and substituting the word FIRM for CITY where
applicable.
Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
In the event that this contract involves the construction of a structure, the
CONSULTANT shall maintain, with an Insurance Company or Insurance Companies
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Thomas F. Pepe 2016
07/29/16
acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures,
including Vandalism & Malicious Mischief coverage, while in the course of
construction, including foundations, additions, attachments and all permanent fixtures
belonging to and constituting a part of said buildings or structures. The policy or
policies shall also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated by reason
of this contract. The amount of insurance must, at all times, be at least equal to the
replacement and actual cash value of the insured property. The policy shall be in the
name of the CITY and the CONSULTANT, as their interest may appear, and shall also
cover the interests of all subconsultant performing Work.
All of the provisions set forth in the Miscellaneous section below shall apply to this
coverage unless it would be clearly not applicable.
Miscellaneous:
If any notice of cancellation of insurance or change in coverage is issued by the
insurance company or should any insurance have an expiration date that will occur
during the period of this contract, the FIRM shall be responsible for securing other
acceptable insurance prior to such cancellation, change, or expiration so as to provide
continuous coverage as specified in this section and so as to maintain coverage during
the life of this Contract.
All deductibles must be declared by the FIRM and must be approved by the CITY. At
the option of the CITY, either the FIRM shall eliminate or reduce such deductible or
the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same.
The policies shall contain waiver of subrogation against CITY where applicable, shall
expressly provide that such policy or policies are primary over any other collectible
insurance that CITY may have. The CITY reserves the right at any time to request a
copy of the required policies for review. All policies shall contain a "severability of
interest" or "cross liability" clause without obligation for premium payment of the
CITY as well as contractual liability provision covering the Consultants duty to
indemnify the City as provided in this Agreement.
Before starting the Work, the FIRM shall deliver to the CITY, certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and
provide the name, address and telephone number of the insurance agent or broker
through whom the policy was obtained. The insurer shall be rated A.VII or better per
A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the
State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract
period with the CITY. The FIRM may be required by the CITY, at its sole discretion,
to provide a "certified copy" of the Policy (as defined in Article 1 of this document)
which shall include the declaration page and all required endorsements. In addition,
the FIRM shall deliver, at the time of delivery of the insurance certificate, the
following endorsements:
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Thomas F. Pepe 2016
07/29/16
a policy provision or an endorsement with substantially similar provisions as
follows:
"The City of South Miami is an additional insured. The insurer shall pay all
sums that the City of South Miami becomes legally obligated to pay as
damages because of `bodily injury", `property damage' , or "personal and
advertising injury" and it will provide to the City all of the coverage that is
typically provided under the standard Florida approved forms for commercial
general liability coverage A and coverage B";
a policy provision or an endorsement with substantially similar provisions as
follows:
"This policy shall not be cancelled (including cancellation for non-payment of
premium), terminated or materially modified without first giving the City of
South Miami ten (10) days advanced written notice of the intent to materially
modify the policy or to cancel or terminate the policy for any reason. The
notification shall be delivered to the City by certified mail, with proof of
delivery to the City."
Professional Liability Insurance on a Florida approved form in the amount of
$1,000,000 for claims arising out of the services or work performed by the FIRM its
agents, representatives, subconsultants or assigns, or by any person employed or
retained by the FIRM in connection with the Contract for the FIRM's services. This
insurance shall be maintained for four years after completion of the services. However,
the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance
shall be issued by a surplus lines carrier unless authorized in writing by the City at the
City's sole, absolute and unfettered discretion.
Consultant's Responsibility
Prior to Receiving a Notice to Proceed
Prior to the City issuing a Notice to Proceed, the Consultant shall deliver a copy
(either hard copy or, preferably, electronically) of the policy, including the declaration
page of the policy and all endorsements to the policy and provide the City with the
name, address, including email address, and phone number of the Consultant's
insurance agent.
The Consultant's insurance agent must provide the City with evidence that the insurer
issuing the policy is licensed and authorized to do business in Florida, that the form of
the policy being issued has been approved by the State of Florida and that the
insurance carrier that is issuing the policy is not issuing the policy as a surplus lines
carrier. The agent shall also provide a citation to the page number of the policy, or the
form number of the endorsement, and highlight the relevant language of the portion of
the policy and/or the endorsements that, in his or her estimation, meets the following
City insurance requirements:
a) the City is an additional insured;
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Thomas F. Pepe 2016
07/29/16
b) coverage includes contractual liability;
c) the City will be provided at least 10 days advanced notice of any cancellation of
the policy, including cancelation for non-payment of premium, and at least 30
days' advanced notice of any material changes to the policy or of cancellation for
any reason other than non-payment; and
d) either a policy provision or an endorsement providing that the policy is primary
and non-contributory, such as an endorsement that provides that the vendor's
policy is primary over all of the City's applicable insurance and that treats the
City's policies as excess coverage.
It may be that some of these provisions are combined into one endorsement or
contained in the policy itself.
If the policy does not have a provision or endorsement that provides the City with
advanced notice of cancellation as required by the City, the Consultant may still
comply with the City's insurance requirement if the Consultant provides the City with
proof that the policy premium has been paid in full and provided the Consultant makes
arrangements with its insurance company to allow the City to confirm, monthly, that
the policy is in full force and effect. In addition, the Consultant must either pay the
City a monthly monitoring fee, currently set at $25 per month, or have the amount
deducted from the Consultant's draws/payments.
Indemnification Requirement
A. The Consultant accepts and voluntarily incurs all risks of any injuries,
damages, or harm which might arise during the work or event that is occurring on the
CITY's property due to the negligence or other fault of the Consultant or anyone acting
through or on behalf of the Consultant.
B. The Consultant shall indemnify, defend, save and hold CITY, its officers,
affiliates, employees, successors and assigns, harmless from any and all damages,
claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses,
including reasonable attorney's fees, paralegal fees and investigative costs incidental
there to and incurred prior to, during or following any litigation, mediation, arbitration
and at all appellate levels, which may be suffered by, or accrued against, charged to or
recoverable from the City of South Miami, its officers, affiliates, employees,
successors and assigns, by reason of any causes of actions or claim of any kind or
nature, including claims for injury to, or death of any person or persons and for the
loss or damage to any property arising out of a negligent error, omission, misconduct,
or any gross negligence, intentional act or harmful conduct of the Consultant, its
subconsultant or any of their officers, directors, agents, representatives, employees, or
assigns, or anyone acting through or on behalf of any of them, arising out of this
Agreement, incident to it, or resulting from the performance or non-performance of the
Consultant's obligations under this AGREEMENT.
C. The Consultant shall pay all claims, losses and expenses of any kind or nature
whatsoever, in connection therewith, including the expense or loss of the CITY and/or
its affected officers, affiliates, employees, successors and assigns, including their
attorney's fees, in the defense of any action in law or equity brought against them and
arising from the negligent error, omission, or act of the Consultant, its Sub -Consultant
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Thomas F. Pepe 2016
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or any of their agents, representatives, employees, or assigns, and/or arising out of, or
incident to, this Agreement, or incident to or resulting from the performance or non-
performance of the Consultant's obligations under this AGREEMENT.
D. The Consultant agrees and recognizes that neither the CITY nor its officers,
affiliates, employees, successors and assigns shall be held liable or responsible for any
claims, including the costs and expenses of defending such claims which may result
from or arise out of actions or omissions of the Consultant, its subconsultant or any of
their agents, representatives, employees, or assigns, or anyone acting through or on
behalf of the them, and arising out of or concerning the work or event that is occurring
on the CITY's property. In reviewing, approving or rejecting any submissions or acts
of the Consultant, CITY in no way assumes or shares responsibility or liability for the
acts or omissions of the Consultant, its subconsultant or any of their agents,
representatives, employees, or assigns, or anyone acting through or on behalf of them.
E. The Consultant has the duty to provide a defense with an attorney or law firm
approved by the City of South Miami, which approval will not be unreasonably
withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08
(1), Florida Statutes, none of the provisions set forth herein above that are in conflict
with this subparagraph shall apply and this subparagraph shall set forth the sole
responsibility of the design professional concerning indemnification. Thus, the design
professional's obligations as to the City and its agencies, as well as to its officers and
employees, is to indemnify and hold them harmless from liabilities, damages, losses,
and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the design
professional and other persons employed or utilized by the design professional in the
performance of the contract.
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Thomas F. Pepe 2016
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EXHIBIT 3
Building Code Services
Civil Engineering / Roadway
& Highway Design
Coastal Engineering
Code Enforcement
Construction Engineering &
Inspection (CEI)
Construction Services
Data Technologies &
Development
Electrical Engineering
Engineering
Emlronmental Services
Facilities Management
Geographic Information
Systems (GIS)
Governmental Services
Indoor Air Duality
Landscape Architecture
Planning
Project Mmilement
Redevelopment
& Uihan Design
Surveying & Mapping
Traffic Engineering
Transportation Planning
Water / Utilities Engineering
Weesite Development
1800 Eger Drive
State 600
Fort Lauderdale, FL
33316
954.921.7781 phone
954.921.8807 fax
www.egasolutions.com
Calvin, Giordano & Associates, Inc.
E% C E P T 1 O N A L S O L U T 1 0 N S"
November 6, 2018
Mr. Aurelio Carmenates
Project Manager
City of South Miami
4795 SW 75th Avenue
Miami, FL 33155
RE: City of South Miami FDEP NPDES Assessment Plan
CGA Proposal No. 18-2590
Dear Mr. Carmenates,
Calvin, Giordano & Associates, Inc. (CGA) is pleased to submit this
proposal for professional services on the above -referenced project to the
City of South Miami (CLIENT). The project consists of preparing an
Assessment Plan based on Florida Department of Environmental
Protection (FDEP) National Pollutant Discharge Elimination System
(NPDES) Program requirements. The assessment shall evaluate the
relationship between changes in water quality and / or stormwater pollutant
loading in the CLIENT's existing stormwater management plan (S WMP),
and evaluate the effectiveness of the City's existing SWMP in reducing
stormwater pollutant loadings.
This proposal includes the scope and fees for Engineering, Environmental,
and Data Technologies and Development services in order to complete the
Assessment Plan required by FDEP NPDES Program.
The specific scope of services is detailed as follows:
I. Professional Engineering Services
A. Civil Engineering
1. Project Management
CGA shall provide project management and client
coordination services during the preparation of the
Assessment Plan. This task includes the following
items:
FORT LAUDERDALE MUIMI-DARE WEST PALM BEACH CLEARWATER/TAMPA ESTERO PORT ST. LUCIE
November 6, 2a 18
Coordinate with the CLIENT to obtain the necessary
information and documentation needed to complete the
Assessment Plan;
Coordinate with FDEP NPDES Program Manager to confirm
and / or clarify items required in the Assessment Plan;
Conduct one (1) site visit to become familiar with the project
site and verify the location of the CLIENT's major FDEP
Municipal Separate Storm Sewer System (MS4) outfalls.
II. Professional Environmental Services
A. Develop a Phase I MS4 Monitoring Plan in accordance with PART V.
MONITORING REQUIREMENTS, section B. Assessment Program, of the
CLIENT's NPDES permit to assess water quality improvements and pollutant
load reductions. To include:
1. Identify potential water quality problem areas through review of land
uses and the water quality data from Miami -Dade County.
2. Measure of effectiveness of stormwater pollution reduction practices
such as street sweeping programs, catch basin cleaning, trash and litter
pick-up programs, new or upgraded stormwater management system
improvements.
3. Evaluate pollution loading documentation.
4. Conduct Map and Land Use review. Review the existing land uses
adjacent to canals/streams and what contributes to the outfalls/run-off;
such as Industrial uses, pasture and grazing lands with run-off into
canals, un-official dog parks creating run-off into surface waters etc.
5. Coordinate with CGA GIS Department on required maps to be provided
in hard copy and GIS shape files.
6. Coordinate with Miami -Dade County on obtaining water quality and
compliance data.
III. Professional Data Technologies & Development Services
A. Acquire Data
1. CGA shall acquire the following GIS data:
0 Major surface water bodies within the CLIENT's jurisdictions;
November 6, 2018
Major MS4 outfalls that discharge to surface water bodies,
including those discharging to waters on the FDEP Verified List of
Impaired Waters or to waters for which total maximum daily loads
(TMDLs) have been adopted;
Locations of the monitoring/sampling stations.
B. Prepare ArcMap Document
1. CGA shall prepare a map document that includes the following:
Major surface water bodies within the CLIENT"s jurisdictions;
Identification of major MS4 outfalls that discharge to surface
water bodies, including those discharging to waters on the FDEP
Verified List of Impaired Waters or to waters for which TMDLs
have been adopted;
The location of the monitoring/sampling stations.
2. CGA shall prepare a table identifying the monitoring/sampling
station(s) that includes the latitude and longitude of any in -lake or in -
stream monitoring stations as well as any outfalls and the water bodies
to which they discharge or are associated.
3. CGA shall prepare a table summarizing the land use in acres and percent
of the contributing drainage area using standard land use classifications
for any lake or stream sites, or stormwater outfall monitoring stations
within the CLIENT's jurisdiction.
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 Certificates will be paid by the
CLIENT.
• Basic services outlined within this proposal shall be considered complete when the
project plans are submitted to the regulatory agencies for Certification.
• Calvin, Giordano & Associates, Inc. is perfonning 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
November 6, 2018
Calvin, Giordano & Associates, Inc. and any contractor or subcontractor performing
construction activities on the project, or any of CLIENT's other professional
consultants.
Calvin, Giordano & Associates, Inc. shall not be responsible for the contractor's
schedules or failure to carry out the construction in accordance with the
construction documents. Calvin, Giordano & Associates, Inc. shall not have control
over or charge of acts or omissions of the contractor, subcontractors, or their agents
or employees, or of any other persons performing portions of the construction.
Calvin, Giordano & Associates, Inc. will require that all consultants carry proper
insurance, including professional liability insurance, if appropriate.
Permit construction certification will include one partial and one final inspection.
ADDITIONAL FEES
The following services are NOT included in this proposal and will be considered
Additional 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
Novambcr6,2018
I
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 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
Professional Engineering Services
A Professional Civil Engineering Services $19800.00
Professional Environmental Services $6,750.001
III Professional Data Technologies & Development Services $800.00
G1S
Acquire data $200.00
Prepare ArcMap Document $400.00
QA/QC $200.00
IV Meetings not included in I thru III Hourly
TOTAL Lump Sum (Plus Hourly Services) S9,350.00
Novembcr 6.2018
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 completion.
• 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.
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
November 6, 2018
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.
• PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN
INDIVIDUAL EMPLOYEE OR AGENT OF CALVIN, GIORDANO &
ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE IN
NEGLIGENCE FOR ANY CLAIMS, DAMAGES, LOSSES, OR DISPUTES
ARISING OUT OF OR SUBJECT TO THE CONTRACT.
• The CLIENT or their representative shall be available to meet with Calvin,
Giordano & Associates, Inc. and provide decisions in a timely manner throughout
the course of the project. The CLIENT will provide all plans and other pertinent
information, which are necessary for Calvin, Giordano & Associates, Inc. to
provide complete professional services as outlined in this contract.
• 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.
• 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
November 6, 2018
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,
C ANO & ASSOCIATES, INC.
4_
Chris Giordano
Vice President
Cost of these services are $9,350.00 plus hourly as noted in fee breakdown.
ACCEPTANCE OF CONTRACT
CALVIN, GIORDANO & ASSOCIATES, INC.
By: Date:
N e: s Giordano
Title: Vice President
La
Name: Mr. Aurelio Carmenates
Title: Project Manager
Date:
November 6, 2018