#09-5318 (Calvin Giordano & Assoc., Inc.)
Contract 09-5318
Temporary Disaster Housing Study
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ~~day of ,--1",1U.t.<)
20 ro, by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or
"OWNER") and Calvin, Giordano & Associates, Inc., authorized to do business in the State of
Florida, whose business address is 1800 Eller Drive, Suite 600, Fort Lauderdale, Florida 33316
(hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional emergency disaster
planning services of the CONSULTANT concerning the Temporary Disaster Housing Study
(hereinafter referred to as the "Project"), said services being more fully described in Schedule
A, "Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE,
in consideration of the mutual covenants and provisions
contained herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional emergency disaster planning
services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Helene Wetherington, AICP, CEM, a qualified licensed
professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf
of the CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
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the CONSULTANT hereunder.
The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject
to the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or
have jurisdiction over the Project or the services to be provided and performed by
CONSULTANT hereunder. In the event of any conflicts in these requirements, the
CONSULTANT shall notify the OWNER of such conflict and utilize its best professional
judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of
the design documents in no way relieves CONSULTANT of its obligation to deliver complete
and accurate documents necessary for successful construction of the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
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federal requirements and/or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all-inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall
have common naming conventions (Le. right-of-way - ROW, centerlines - CL, edge-of-
pavement - EOP, etc), and adhere to industry standard CAD specifications.
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth
in the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as indicated in Article
Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
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2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are
due to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing
and assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT
and directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
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2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any
litigation, or other legal or administrative proceeding, involving the Project (except for assistance
in consultations which are included as part of the Basic Services to be provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part
of the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay
the CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
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(b) Provide all criteria and information requested by CONSULTANT as to
OWNER's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under
this Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
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have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or
remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may
withhold any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT
be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay
or any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ("Project Documents"). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring
OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a
nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this
Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this
license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project
Documents to complete the Project following CONSULTANT'S termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges OWNER may be making Project Documents available for review and
information to various third parties and hereby consents to such use by OWNER.
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as
may be required by law. OWNER, or any duly authorized agents or representatives of
OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and
during the five (5) year period noted above, or such later date as may be required by law;
provided, however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
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9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier County, Florida, as an
additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self-insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must state: For any and all work
performed on behalf of Collier County.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the
appropriate insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
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ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1 The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule E is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule E. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule E. All personnel, subconsultants and subcontractors identified in Schedule E shall
not be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
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Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor
payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against
CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as
further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to
begin services under the Agreement within the times specified under the Notice(s) to Proceed,
or (b) CONSULTANT'S failure to properly and timely perform the services to be provided
hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S
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principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances,
regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the
terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so
terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar
days written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above,
it is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
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12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
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ARTICLE THIRTEEN
CONFLICT OF INTEREST
13.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such
interest shall be employed to perform those services.
ARTICLE FOURTEEN
MODIFICATION
14.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE FIFTEEN
NOTICES AND ADDRESS OF RECORD
15.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed
to the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Building H
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/General Services Director
Telephone: 239-252-8371
Fax: 239-732-0844
15.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed
to the following CONSULTANT'S address of record:
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Calvin, Giordano & Associates, Inc.
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
Attention: Dennis J. Giordano, President
Telephone: 954-921-7781
Facsimile: 954-921-8807
15.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SIXTEEN
MISCELLANEOUS
16.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
16.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
16.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
16.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
16.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
16.6. This Agreement, including the referenced Schedules and Attachments hereto,
constitutes the entire agreement between the parties hereto and shall supersede, replace and
nullify any and all prior agreements or understandings, written or oral, relating to the matter set
18
forth herein, and any such prior agreements or understanding shall have no force or effect
whatever on this Agreement.
16.7 Unless otherwise expressly noted herein, all representations and covenants of the
parties shall survive the expiration or termination of this Agreement.
16.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
16.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E KEY PERSONNEL, SUBCONSUL TANTS AND
SUBCONTRACTORS
ARTICLE SEVENTEEN
APPLICABLE LAW
17.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
19
ARTICLE EIGHTEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
18.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
18.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on
the convicted vendor list."
ARTICLE NINETEEN
DISPUTE RESOLUTION
19.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who would
make the presentation of any settlement reached during negotiations to OWNER for approval.
20
Failing resolution, and prior to the commencement of depositions in any litigation between the
parties arising out of this Agreement, the parties shall attempt to resolve the dispute through
Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The
mediation shall be attended by representatives of CONSULTANT with full decision-making
authority and by OWNER'S staff person who would make the presentation of any settlement
reached at mediation to OWNER'S board for approval. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation
under section 44.102, Fla. Stat.
19.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE TWENTY
IMMIGRATION LAW COMPLIANCE
20.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
sea. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Temporary Disaster Housing Study the day and year first written above.
ATTEST:..
.e.0/,
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight ~.B~Ock"q€fr~ .
By:
~~:c~
"
Itglllturt Ofti"
Approved as to form and
I~ff~
~ .... L
~~~county Attorney
s: C-4t1 R ~e-{
Print Name
Calvin. Giordano & Associates. Inc.
;'
By:JlQ
!S~ Ie/(..
Print Name
e e,~~
Witness
~~l ~\M~O~
Print Name
Dennis J. Giordano, President
22
Schedule A
Scope of Work
Collier County
Board of County Commissioners
RFP #09-5318
Temporary Disaster Housing Study
Task 1: Stakeholder Database. The CGA Planning Team will work cooperatively with the Project Manager
and the Collier Disaster Housing Planning Team to identify local and regional stakeholders and develop an
Microsoft Excel or similar format database to include county/city government agencies that have any
regulatory authority over land use, residential permitting and inspections, zoning/planning and utilities.
Committee members should have sufficient technical understanding of the disaster housing related policies
and procedures, while simultaneously have the authority to commit organizational resources in support of
the program. The County may also consider inclusion of other non-governmental and private sector
partners who may bring resources to assist the disaster housing program. We will identify the local primary
point of contact, the local stakeholders name, agency, title, business address, primary phones, secondary
phone, email addresses, and their role in the strategy including regulatory permitting authority, resources,
or technical expertise.
Deliverables: An electronic database in excel format or similar software preferred by the county which
details all contacts associated with the disaster housing program.
Timeline: The initial establishment of the contact person database will commence in the first week of
contract execution and will be developed in cooperation with the Collier County Project Manager. We
believe that additions, revisions, and modifications to the database may be incorporated throughout the life
cycle of the project. Therefore, a final version of the database will be provided to the project manager at the
end of the contract period. (Enhancement option not selected)
Task 2: Disaster Housing Committee Meetings. In advance of the kick-off meeting, the CGA Planning
Team will work cooperatively with the Project Manager to identify the membership of the Local Disaster
Housing Committee. This committee should be comprised of representatives that were identified in Task 1.
During the kick-off meeting, the CGA Planning Team will introduce the Collier County disaster housing
concepts to the committee, present the project plan and timeline, and solicit initial input on project goals,
objectives, timelines, additional members which should be incorporated in the planning process. This will
also be an opportunity to identify existing plans, policies, procedures, protocols, after action lessons learned,
and similar information to incorporate in the plan development process. In addition to the kick-off meeting,
we recommend that two meetings be conducted with the Disaster Housing Committee or smaller topic
specific groups to develop, review, and institutionalize each of the planning tasks.
Deliverables: Develop and distribute the agenda and meeting support materials in advance of each of the
three meetings. Meeting invitations may be distributed electronically by the contractor. However, it is
recommended that a member of the county staff distribute major correspondence elements in order to
increase participant level. The meeting may include a visual presentation, hand-outs, sign in sheet, contact
information, and a post meeting summary of findings, recommendations, and action items.
Timeline (Week 2, Week 7, Week 13): The kick-off meeting will be conducted within 3 weeks of contract
execution assuming that this provides sufficient participant notice to attend the kick-off meeting. Each of
the Disaster Housing Committee Planning meetings will be conducted in week 7 and week 13 to
progressively guide, review, and institutionalize disaster housing strategy components.
23
Task 3: Literature Review. The CGA Planning Team will conduct a comprehensive literature review to
include federal guidance, updates, and eligibility regulations. We will also research and compile current
FEMA policy guidance and letters dealing with the "temporary housing program" and implementation on the
local and state level in this literature review.
Deliverables: A summary of bib liographica I references will be developed for inclusion in the final disaster
housing strategy document. As appropriate, the plan will also make specific references to regulatory
requirements and programmatic guidance documents.
Timeline: The literature review will commence during week one project execution and be finalized in week
10. All support materials from stakeholders must be submitted prior to this deadline to ensure
incorporation in the drafting of the Disaster Housing Strategy.
Task 4: Regulatory Authorities Review. The CGA Planning Team possesses a thorough and complete
understanding of planning processes from both a public and private perspective and from municipal to state
authority. Local jurisdictions may choose to develop mechanisms such as modified zoning
regulations and changes in inspection priorities that would allow the relaxation or waiving of local
policies to be triggered by the declaration of a major disaster. Our CGA Planning Team will review
the Comprehensive Plan, the Land Development Code, the Building Code, the Post Disaster
Redevelopment Plan, the County Comprehensive Emergency Management Plan, and the Local
Mitigation Strategy to identify any ordinances, rules and policies in Collier County and its
municipalities that limit opportunities for comprehensive implementation of the disaster housing
strategy. Based upon our findings we will develop recommendations to modify regulatory
authorities. The CGA Planning Team will develop a "crosswalk" that identifies the county and local
ordinances, the general permitting process, the expedited process and any additional information
needed to obtain required resources. For example, a code provision may limit the hours or days a
recreational vehicle may be permitted on a residential lot. The plan would state a provision to
extend the time limitation if the recreational vehicle was utilized for disaster housing.
In addition, the "crosswalk" plan could state provisions for Florida Building Code permitting
requirements, such as for water and electrical connections to the recreational vehicle, and any
applicable waivers due to a disaster situation. All related information, including fees and
inspections would be demonstrated in a concise format for ease of use. This will ensure an
expedited, but safe process in disaster housing situations
Deliverables: A "crosswalk" will be developed detailing the regulatory review and regulatory revision
recommendations. The crosswalk will be incorporated in the Disaster Housing Strategy Document.
(Enhancement option not selected)
Timeline: The review and crosswalk will be conducted in week 3 and 4 of the project.
Task 5: Environmental Review. In addition to the regulatory analysis, the CGA Environmental Planners, in
coordination with our GIS professional, may evaluate the locations of disaster housing group sites to ensure
they are not located on or near environmentally sensitive lands. Collier County is home to numerous
environmental treasures including the Big Cypress National Preserve, Collier-Seminole State Park,
Corkscrew Swamp Sanctuary, Barefoot Beach State Preserve and others. The impacts to the fragile
ecosystem must be carefully balanced with the need of disaster survivors in the post disaster environment.
The Environmental Review will include research and acquisition of the most current environmental datasets
from government and county agencies including but not limited to the Department of Environmental
Protection, Water Management Districts and Army Corps of Engineers, U.s. Fish and Wildlife Service, Florida
Fish and Wildlife Conservation Commission, National Wetlands Inventory by USGS, and the Florida Natural
24
Areas Inventory. In addition to these environmental resources, CGA will also coordinate with the State to
review the Master Site file to identify any archaeological resources within the county. Once all the sites are
found maps will be created showing the feasible areas in which the temporary disaster housing can be
located with minimal to no impact on environmentally sensitive lands.
Deliverables: Our team will provide a summary of the review and tables/maps with acreages of specific
zoning designations or environmentally sensitive lands and/or create a map showing these locations.
Timeline: The Environmental assessment and review will be conducted during week 5-6 of the project since
the result of the review must be incorporated in the strategy development process.
Task 6: Expedited Permitting Process. Developing a single expedited permitting process to support the
rapid installation of FEMA disaster trailers at pre-designated sites is a vital step in the disaster housing
process. Balancing public safety concerns against providing rapid housing options is a delicate process. It is
preferable, to develop local regulatory authority to detail the local implementation process. CGA will work
with all jurisdictional agencies that have regulatory authority over any aspect of the disaster housing
process to evaluate and recommend an expedited process which meets community life safety needs,
regulatory requirements yet served the best interest of the disaster survivors.
Revised Fee Structure. The community may choose to also evaluate the fee structure in relationship to the
emergency permitting process. A number of options are available to communities such as: waiving fees,
restructuring fees, or maintaining current fee structures. The local decision-making body should establish
and execute a revised permitting process ordinance to ensure that revised disaster processes can be
accessed in the aftermath of a large-scale disaster in the community. The regulatory authorities, including
the Building Department, must be committed to establishing and implementing a revised permitting process
which can be effectively implemented in the aftermath of a large scale disaster in the community. The CGA
Planning Team will work cooperatively with the regulatory authorities to evaluate the fee structure. The
goal is to determine local preferences, capabilities and community needs in funding permitting activities. In
the aftermath of a large scale disaster, local government revenues are significantly impacted. The cost
benefit of waiving fees can be a complex social, political, and practical decision, particularly in these difficult
economic times.
There are a number of legal mechanisms to achieve this goal including ordinance development or revision,
executive order passage, and update of the Comprehensive Plan Land Use Element among others. The goal
is to institutionalize a process which will allow for a revised permitting process during disaster conditions
that is beneficial to both the citizens and the issuing agency.
Deliverables: The team will develop a written summary which details the current permit process as well as
the recommended revisions to the permitting process based upon local input and state guidance. The
summary and recommendations will be incorporated into the final disaster housing strategy document.
Timeline: The Permitting Process will be evaluated in week 5 prior to the initial meeting in week 6 where
recommendations will be finalized.
Task 7: Disaster Housing Strategies. CGA will facilitate the evaluation of the full array of housing
strategies to meet the post disaster housing demand within the impacted community. In a major or
catastrophic disaster, anyone disaster housing option may not be sufficient to meet the disaster housing
needs of the community. Furthermore, housing strategies that support retaining and attracting a local
workforce is critical to the County's economic redevelopment. The disaster housing strategy, therefore,
should evaluate the various disaster housing options as well as a concrete methodology for selection, design,
and installation of the site:
. Real estate resources: Working in partnership with the private sector, it is vital that survivors
maximize the use of existing housing stock whether they are vacant rental units, seasonal residences,
25
vacant housing stock for sale or foreclosure. Access to this information is available through local real
estate representatives. A process should be developed to ensure public private coordination of this
information in the post disaster environment.
. Existing mobile home parks and RV sites: These are sites which are already equipped with basic
utilities and have a housing pad. The CGA Planning Team will research existing mobile home parks
and RV sites to evaluate their use as disaster housing.
. Emergency shelter sites: Sites which have been previously identified as emergency shelter sites may
also be transitioned to emergency shelter sites when certain catastrophic conditions exist.
. Disaster housing group sites: Group sites may be necessary to augment disaster housing capacity in
the post disaster environment. While it is generally preferable to place mobile housing units on
individual private lots of the survivors, it may be necessary to establish a group sites. There are
numerous issues required to evaluate appropriate group site options. Are local utility services
available to meet capacity demands, including water, wastewater, storm-water, lighting and power?
Are there environmental concerns such as wetlands on the property? Ground water contamination?
Hazardous Materials? Noise pollution? Who owns and/or maintains the property and will
permission be granted to use the land as a group site? Are there any existing structures,
infrastructure or other features on the property? Does the site have sufficient transportation access
and public transit options to accommodate need? Can the municipal jurisdiction provide life safety
services to this site including fire service, law enforcement, security, medical care? Will the
residents have adequate access to community services and essential commodities? What is the
approval process for implementation of a Disaster Housing Group Site within the municipality or
county? Is the proposed site located in the surge zones, flood plain, or other hazard area? Is the
proposed site undisturbed land?
. Department of Housing and Urban Development: HUD owned properties in Collier County may also be
another choice for disaster housing. It is vital to bring them to the table because of not only the
housing resources but also the financial resources available to support long-term recovery.
. Habitat for Humanity: This organization has also implemented a post disaster housing mission to
develop innovative housing and shelter assistance models that generate sustainable solutions for
disaster survivors. They can also provide technical information; program design and
implementation; and disaster response policies, protocols and procedures. Through their
partnership with local government, non profit organizations, and private sector partners, Habitat for
Humanity can be a vital stakeholder to formulated post disaster housing solutions.
. Floating Options for Disaster Housing: Based upon the magnitude of the disaster, Collier County may
also choose to evaluate the use of floating disaster housing options such as cruise ships and other
fioating vessels. While this may not be a primary disaster housing option, it may be a catastrophic
level option.
. Big Box Unit: With the current state of the economy, many jurisdictions have an excess of big box
structure which have been vacated and remain empty. Designs are available to quickly convert these
bix boxes to individual housing units which provide shelter in the post disaster environment.
Deliverables: Working the Planning Committee, CGA will research the host of options available in Collier
County for disaster housing strategies and provide recommendations to the Disaster Housing Committee.
26
The selection methodology will requirements for each the strategies as well as sources for resource support.
(Enhancement option not selected)
Timeline: The detailed evaluation of various strategies will be conducted from Week 5 - Week 10.
Task 8: Temporary Roofing Program: The CGA Team will identify resources and capabilities to administer
a temporary roofing program in accordance with the State of Florida Building Code. The emergency roofing
program, administered by the U.S. Army Corps of Engineers in partnership with the Federal Emergency
Management Agency, provides for the installation of blue sheeting to temporarily cover storm-damaged
roofs on residential structures, schools, day cares, and publicly-owned facilities. These temporary roofs
provide short-term relief until the owner can make permanent repairs. The temporary roofs also prevent
additional damage from occurring to the building and its contents and may be the difference between a
resident remaining in the structure versus seeking temporary shelter. All structures must qualify under the
programmatic requirements. Collier County may assist their federal partners by doing the following:
. Training of core staff on the program and program requirements;
. Coordination with volunteer organization to assist in registering home owners at the check in center,
processing of Right of Entry forms, and identifying neighborhoods who require emergency roofing;
. Provide federal partners with maps indicating damaged areas and grids to organize response efforts;
. Support logistics coordination when possible such as pre-identify check in centers and potential
staging areas.
Deliverables: We will incorporate a written narrative regarding the temporary roofing program into the
Disaster Housing Strategy, develop a pre-scripted news release, and public outreach hand out on the
residential retrofitting. All documents will be provided in one hard copy and two electronic disks in a
version that may be edited.
Timeline: These documents will be developed during weeks 9-10.
Task 9: Draft the Temporary Housing Strategy. The CGA Planning Team will incorporate all information
gathered through the Planning Meetings, the literature, coordination activities with local, state, and federal
stakeholders, to draft the County Disaster Housing Strategy. We will ensure that the Disaster Housing
Strategy is not only consistent with Collier County Comprehensive Emergency Management Plan but also the
Collier County Codes of Laws and Ordinances, the Comprehensive Plan, the Post Disaster Redevelopment
Plan, and all other applicable plans, policies and procedures. The strategy should specifically reference the
2008 National Disaster Housing Strategy which details the new policy direction of the Federal Emergency
Management Agency and provides extensive guidance to state and local governments developing disaster
housing strategies.
Deliverables: The final Temporary Housing Strategy will be developed through the incorporation of all
above tasks and findings. We are aware that the RFP requires a delivery of an early draft during the first
phase of the project cycle. Our Team will deliver and develop a first draft as requested by the Project
Manager, however, this draft will not include the findings from later tasks which will be conducted in
consultation and coordination of the Disaster Housing Committee. All documents will be provided in one
hard copy and two electronic disks in a version that may be edited.
Timeline: The initial draft will be delivered to the Project Manager on the deadline specified to the contract
negotiation phase. The final draft of the Disaster Housing Strategy will be delivered on February 1, 2010.
Task 10: Data Entry: A member of our team will input and update all data related to the Local Disaster
Housing Strategy in the State of Florida Emergency Management database as directed by the Project
Manager.
Deliverables: Data entry of Disaster Housing Strategy data into the State of Florida Database.
27
Timeline: Entry will be completed by February 1, 2010.
Task 11: Executive Presentation & Approval: The CGA will provide a senior management representative
to support the presentation of the Disaster Housing Strategy to the Collier County Board of County
Commissioners and the Planning Commission. As directed by the Project Manager we will prepare a
Power Point presentation and other visual materials for the presentation.
Deliverables: An executive level presentation to the BCC and Planning Commission.
Timeline: As directed by the Project Manager.
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SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1
of:
All monthly status reports and invoices shall be mailed to the attention
Joe Frazier
Emergency Management Coordinator
Collier County Emergency Services Center
8075 Lely Cultural Parkway
Naples, Florida 34113
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump
sum payments to CONSULTANT in accordance with the terms stated below. Payments will be
made in accordance with the following Schedule; however, the payment of any particular line
item noted below shall not be due until all services associated with any such line item have
been completed to OWNER'S reasonable satisfaction.
TASK
1
2
3
4
5
6
7
8
9
10
11
FEE
$4,600.00
$2,640.00
$9,600.00
$2,520.00
$4,950.00
$5,075.00
$2,930.00
$4,690.00
$2,345.00
$8,425.00
$840.00
$5,000.00
TOTAL FEE Total Items 1-11 $53,615.00
29
U
letion of task
letion of task
letion of task
letion of task
Time and Materials
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Fifty-Three
Thousand Six Hundred Fifteen Dollars ($53,615.00) to be paid to CONSULTANT for the
performance of the Basic Services.
B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such
Additional Services. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without OWNER'S prior written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one
invoice per month for all fees earned that month for both Basic Services and Additional
Services. Invoices shall be reasonably substantiated, identify the services rendered and
must be submitted in triplicate in a form and manner required by Owner. Additionally, the
number of the purchase order granting approval for such services shall appear on all
invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and Project name and shall not be submitted more than one time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
8.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
30
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of the following items:
B.3.4.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from/to destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
B.3.4.1.3. Permit Fees required by the Project.
B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.3.4.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061,
F.S., and the Agreement, the terms of the Agreement shall prevail.
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Schedule C
Collier County
Board of County Commissioners
RFP#0953l8
Temporary Disaster Housing Study
Project Schedule / Timeliue
Task
Contract Approval by BCC
Task 1: Stakeholder Database
Task 2: Stakeholder Engagement Meetings (3)
Task 3: Literature Review
Task 4: Regulatory Authorities Review
Task 5: Environmental Review
Task 6: Expedited Permitting Process
Task 7: Disaster Housing Strategies
Task 8: Temporary Roofing Program Integration
Task 9: Draft Temporary Housing Strategy
Task 10: Data Entry Into FDEM Housing System
Task 11: Executive Briefing
Deadline
January 26,2010
Week I
Weeks 2, 7, 13
Week I - Week 10
Week 3 - Week 4
Week 5 - Week 6
Week 5 - Week 6
Week 5 - Week 10
Week 9 - Week 10
April 15, 2010
April 20, 2010
TBD by County Project
Manager
32
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If CONSULTANT has any self-insured retentions or
deductibles under any of the below listed minimum required coverages, CONSULTANT must
identify on the Certificate of Insurance the nature and amount of such self-insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
33
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages
required herein, the OWNER may terminate the Agreement or at its sole discretion shall be
authorized to purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days
after demand, OWNER has the right to offset these costs from any amount due CONSULTANT
under this Agreement or any other agreement between OWNER and CONSULTANT. The
OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for
the coverages purchased or the insurance company or companies used. The decision of the
OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
34
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure
of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? _X_ Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by
the CONSULTANT during the term of this Agreement for all employees engaged in the work
under this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
_ Applicable _X_ Not Applicable
35
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
_ Applicable _X_ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes _ No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_X_General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
36
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
_ Applicable _X_ Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
_ Applicable _X_ Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
37
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
_X_ Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
_ $ 500,000 each claim and in the aggregate
_X_ $1,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
_ $5,000,000 each claim and in the aggregate
38
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating
or reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
39
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
1. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
40
Schedule E
Key Personnel
Helene Wetherington
Elizabeth McElroy
Sara Sinatra
Sandra Lee
Richard Sala
George Keller
Michael Green
Project Manager
Senior EM Planner
Comprehensive Planner
Environmental Planner
Technical Consultant
Technical Consultant
GIS Technician
Project
Workload (%)
30
50
8
8
2
2
o
Personnel
Title
41
eRH CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYVY)
OP 10 89 01/05/10
CALVI-2
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown & Brown of Florida, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Lauderdale FL 33310-5727
Phone: 954-776-2222 Fax: 954-776-4446 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Hartford Fir.. Insuranc.. Co. 19682
INSURER B Hartford Ins Co of Midwest 37478
calvin6 Giordano & Assoc, inc. INSURER C 26247
Attn: ennis Gior~no American Guar , Liab Ins Co
1800 Eller Dr~ve 600 INSURER D Hartford Ins. Co. of the S. E. 38261
,Ft. Lauderdale FL 33316 .-
INSURER E Zurich American Insurance Co. 16535
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
~O~i~r AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS JfTL~t;~MIDD~ b~i~lM~b~~ LIMITS
~ NS TYPE OF INSURANCE POLICY NUMBER
~NERAL LIABILITY EACH OCCURRENCE .1,000,000
A ~ 3MMERCIAL GENERAL LIABILITY 21UUNLK3645 01/01/10 01/01/11 PREMISES (Ea occurence) .300,000
- CLAIMS MADE ~ OCCUR MED EXP (Anyone person) .10,000
PERSONAL & ADV INJURY .1,000,000
GENERAL AGGREGATE .2,000,000
~'~ AGG~E~E LIMIT APnSIPER- PRODUCTS" COM PlOP AGG .2,000,000
POLICY X m?i LOC
~TOMOBIL.E L.IABILlTY COMBINED SINGLE LIMIT .1,000,000
B ~ ANY AUTO 21UUNLK3645 01/01/10 01/01/11 (Eaacddent)
-~
- ALL OWNED AUTOS BODILY INJURY
(Per person) .
- SCHEDULED AUTOS
~ HIRED AUTOS BODILY INJURY
.
~ NON-OWNED AUTOS (Peraccidenl}
~ Comp $1,000 ded PROPERTY DAMAGE
.
X Coll $1,000 ded (Peracddenl)
~RAGE LIABILITY I AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EA ACC .
AUTO ONLY AGG .
5ESS I UMBREL.LA LIABIL.ITY EACH OCCURRENCE . 5,000,000
C X OCCUR D CLAIMS MADE AUC594612801 01/01/10 01/01/11 AGGREGATE .5,000,000
ProdCoOos .5,000,000
~ DEDUCTIBLE .
X RETENTION .0 .
WORKERS COMPENSATION X ITb"'~))D~WS I IOJ~-
AND EMPL.OYERS' L.IABILlTY VIN
D ANY PROPRIETORJPARTNERIEXECUTIVO 21WBN03209 01/01/10 01/01/11 EL. EACH ACCIDENT .1,000,000
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH) EL DISEASE EA EMPLOYEE .1,000,000
~~~tI1r~~~v~gr6~S below EL DISEASE POLICY LIMIT .1,000,000
OTHER
E Professional L~ab EOC666915218 08/27/09 08/27/10 I Each Occ 5,000,000
Claims Made RETENTION: $200,000 Aaareaate 5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certiicate holder is listed as additional insured as respects general
liability as required by written contract.
*10 days notice of cancellation provided for non-payment of premium.
CERTIFICATE HOLDER
CANCELLATION
Collier County Florida
Board of County Commissioners
3301 Tamiami Trail East
Building H
Naples FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
COLLIER DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZE PRESENTATIVE
ACORD 25 (2009101)
@ 1988-2 ACO
The ACORD name and logo are registered marks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
ITEMNO.:IO~-OJU71
?Q..<:"-
Date:
0~~e~tJr R~.rr:EIVED:
COUhlTY ,i\JTORNE'i f.
2:J10 JiL"! 29 P~2 CV ~p
~~p~~+.
~ yo. ~/f
sco" - ~l~7V
/ c;J1 - \~( D'vU 6I-./oI/D
Office of the County Attorney / (,1 '?
Jeff Klatzkow
~r-
Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
DO NOT WRITE ABOVE THIS LINE
FILE NO.:
ROUTED TO:
REQUEST FOR LEGAL SERVICES
January 26,2010
To:
From:
Contractor: Calvin, Giordano & Associates, Inc.
Re: Contract: #09-5318 "Temporary Disaster Housing Study"
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on January 26,2010, Agenda
Item 16.F.4
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any
questions concerning the document, please contact me. Purchasing would
appreciate notification when the documents exit your office. Thank you.
C: Joe Frazier, EMS
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM:
Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department
rk
DATE: January 26,2010
RE: Review Insurance for Contract: #09-5318 "Temporary Disaster
Housing Study"
Contractor: Calvin, Giordano & Associates, Inc.
This Contract was approved by the BCC on January 26, 2010, Agenda Item
16.F.4
Please review the Insurance Certificates for the above referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 2667.
dod/LMW
DATE RECEIVED
JAN 2 8 2010
tUSK MANAGEMENT
.'!1ttd
;jiflk
C: Joe Frazier, EMS
mausen g
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Friday, January 29, 2010 9:28 AM
LynWood
DeLeonDiana; mausen_g: FrazierJoseph
Contract 09-5318 "Temporary Disaster Housing Study"
All, I have approved the certificate of insurance provided by Calvin, Giordano & Associates, Inc. for contract 09-5318.
The contract will now be forwarded to the county attorney's office for their review.
Thank you,
Ray
~~
Manager Risk Finanace
Office 239-252-8839
Cell 239-821-9370
Under Florida Law, e~mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
RLS# /f)-h~- tJl'f'l1
CHECKLIST FOR REVIEWING CONTRACTS
~ A{So<!.IIIc~S, //I)(!.
/Yes
=:;2'Yes
Entity Name: t!.AL-VU..J) (5&!f)IU>PdJCJ
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercia! Genera! Liability
General Aggregate Required $ I "" \ I.-
Products/Compl/Op Required $
Personal & Advert Required $
Each Occurrence Required $
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ 5~O,IOO
Workers Compensation
Each accident Required $
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence Provided $ S "", L.
Aggregate Provided $ , '
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $ I I'JI., L.
Per Aggregate Required $
Other Insurance
Each Occur Type:
Entity name correct on contract?
Entity registered with FL Sec. of State?
Required $
County required to be named as additional insured?
County named as additional insured?
Indemnification
Does inderrmification meet County standards?
Is County indemnifying other party?
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
No
No
/Yes
~Yes
Yes
~Yes
No
No
.....-'No
No
Provided $ :z. Mt L
Provided $ I ,
Provided $ I N\.I.L-
Provided $ I ,
Provided $ 3iHf? tJfJ ~
Exp. Date 1/, III
Exp. Date I (
..
Exp. Date "
Exp. Date "
Exp. Date ('
Exp Date '11/,1
f
Exp Date II ( III
Exp Date I I
"
Exp Date "
Provided $
( M.IL
Provided $
Provided $
Provided $
M.IL
\.
,.
Exp Date
Exp Date
~Yes
1/, ! "
/
.'
_No
Provided $ 5" "'-,I.-
Provided $ , I
ff/2A/I/;
f"
Exp. Date
Exp. Date
Provided $
Exp Date_
"'/Yes
.......lL:.Yes
_No
No
~Yes
Yes
No
..lL...-No
Yes
No
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
Attachments
Are all required attachments included?
Yes
Yes
No
No
"'\f:'
\
.-L Yes
../ Yes
~Yes
---,;?' Y es
No
_No
_No
_No
~Yes
vYes
~Yes
_No
_No
_No
VYes
No "'-
ReVIewer Imtla]s: ~
Date: d-(' / Ji)
04-COA-O 010/222
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Florida Profit Corporation
CALVIN, GIORDANO & ASSOCIATES, INC.
Filing Information
Document Number M17373
FEI/EIN Number 650013869
Date Filed 06/27/1985
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 03/20/2001
Event Effective Date NONE
Principal Address
1800 ELLER DR
STE 600
FORT LAUDERDALE FL 33316
Changed 04/02/2001
Mailing Address
1800 ELLER DR
STE 600
FORT LAUDERDALE FL 33316
Changed 03/02/2000
Registered Agent Name & Address
GIORDANO, DENNIS J
1800 ELLER DR
STE 600
FORT LAUDERDALE FL 33316
Name Changed: 04/02/2001
Address Changed: 03/02/2000
Officer/Director Detail
Name & Address
Title PCD
GIORDANO, DENNIS J
1800 ELLER DR STE 600
FORT LAUDERDALE FL 33316
Title V
http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?action= D ETFlL&in'L doc number=M 1 7373... 2/1/20 I 0
www.sunbiz.org - Department of State
DOWNES, JOHN
1800 ELLER DR STE 600
FORT LAUDERDALE FL 33316
Title V
JACKSON, ROBERT
1800 ELLER DR STE 600
FORT LAUDERDALE FL 33316
Title V
COOK-WEEDEN, TAMMY
1800 ELLER DR STE 600
FORT LAUDERDALE FL 33316
Title ST
HOPKINS, DAWN
1800 ELLER DR STE 600
FORT LAUDERDALE FL 33316
Title V
EICHNER, SHELLEY
1800 ELLER DR STE 600
FORT LAUDERDALE FL 33316
Annual Reports
Report Year Filed Date
2007 04/23/2007
2008 02/21/2008
2009 02/25/2009
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02/25/2009 -- ANNUAL REPORT I
02/21/2008 -- ANNUAL REPORT [
04/23/2007 -- ANNUAL REPORT [
01/20/2006 -- ANNUAL REPORT [
01/19/2005 -- ANNUAL REPORT [
07/02/2004 -- ANNUAL REf_ORT [
01/27/2003 -- ANNUAL REPORT I
03/13/2002 -- ANNUAL REPORT [
04/02/2001 -- ANNUAL REPORT I
03/20/2001 -- Amendment
03/02/2000 -- ANNUAL RI;PORT [
02/24/1999 -- ANNUAL REPORT [
01/27/1998 -- ANNUAL REPORT I
02/10/1997 -- ANNUAL REPORT I
01/29/1997 -- NAME CHANGE [
02/06/1996 -- ANNUAL REPORT [
01/25/1995 -- ANNUAL REPORT [
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]
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]
Note: This is not official record. See documents if question or conflict.]
..
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http://ccfcorp.dos.state.f1.us/scripts/cordet.exe?action=DETFIL&in'L doc _ number= M 173 73... 2/1/2010
MEMORANDUM
Date:
February 3, 2010
To:
Lyn Wood, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes and Records Department
Re:
Contract #09-5318 "Temporary Disaster Housing Study"
Contractor: Calvin Giordano & Associates, Inc.
Attached is an original contract, referenced above (Item #16F4) approved
by the Board of County Commissioners on January 26, 2010.
An original will be kept in the Minutes and Records Department for the
Official Records of the Board.
If you should have any questions please contact me at 252-7240.
Thank you.
Attachment