10/15/2008 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 30, 2008
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive Assista~
Pamela G. Hanc~YD.c.
ATTN:
At the October 15, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement for Professional Engineering Services
between Monroe County and Pistorino & Alam Consulting Engineers, Inc. to assist in
preparation of the upcoming trial in Monroe County v. Bender & Associates, et.a!.
Attached is a copy of the above-mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: Finance
File!
.I.... PlSTORINO & ALAM
~ CONSULTING ENGINEERS, INC
7171 S. W. 6200 Ave., Fourth Floor. Miami, Florida 33143
(305) 669-2700. Fax: (305) 669-2165
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Client:
Ferencik, Libanoff, Brandt,
Bustamante and Williams, P.A.
150 South Pine Island Road, Ste. 400
Ft. Lauderdale, FL 33324
Engineer:
Pistorino & Alam Consulting Engineers, Ine.
7171 S.W. 62nd Avenue, 4th Floor
Miami, FL 33143
Attn: Ira Libanoff, Esq.
jpistorino@pistorinoalam.com
Phone:
Fax:
Date:
Project No.:
Project Name:
Scope of Senices:
Fee Arrangement:
(954) 474-8080
(954) 474-7343
Phone:
Fax:
(305) 669-2700
(305) 669-2 J 65
September 5, 2008
Proposal
Monroe County vs. Bender & Associates Architects, P.A.
Professional Engineering Services.
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Hourly, based on the following rates:
Additional services shall be per the following rates:
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Principal Engineer
Senior Engineer/Architect
Registered Engineer/Architect
Staff Engineers
Licensed Contractor
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The terms and conditions on the second page are part of this agreement
Retainer Amount:
Special Conditions:
$300.001hr
$ 175.001hr
$175.001hr
$J25.001hr
$125.001hr
CAD Drafts Person
Technician
Project Support
Sworn Testimony
$65.001hr
$45.001hr
$40.001hr
$400.001hr
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None
All reimbursable expenses such as reproductions, photography, mileage, couriers etc.
shall be billed at actual expense plus a surcharge of I 5%. Proposals for specific tasks
will be provided upon request.
A~~~pt~d!)~7 tC!:er:t):
~JO,~
(:SIgnature)
OCT 1 5 2008
Mario DiGennaro, Mayor
tJ-'rmted Name ana Iltle)
AGE ~
Chent Please Return One (1) Copy with Original Signature
Agreement for Professional Engineenng Services
. Page lof2
I TERMS AND CONDITIONS
Pistorino & Alam Consultin2 Engineers, Ine. (P & A)
Th~ Engineer shall perform the services outlined in this agreement for the stated tee agreement.
SCOPE OF WORK
P&A shall perform services in accordance with an Agreement made
with the Client. The Agreement consists of P&A's Proposal and these
Standard Terms and Conditions. The scope of work, costs and time
schedules, if any, defined in the Proposal are based on information
provide by Client and shall be sutiject to the provisions of this
Agreement. If this information is incomplete or inaccurate Of if Client
dir.ects change to the scope of work established by the 'Proposal, a
wntten amendment to the Agreement equitably adjusting the costs and
time. schedules, sha}! be executed by Client an~ P&A. as soon as
praclicable. Chent IS defined as the person on entIty requesting and/or
authorizing the work, and in so doing. Client represents and warrants
that he/she is duly authorized in this role. The acceptance of P&A's
Proposal signifies the acceptance of the terms of the Agreement.
ACCESS TO SITE
Ul1;1e~~ otherwise statedl the Engineer will have access to the site for
actlVlttes necessary for tne performance of the services.
BILLINGIPAYMENTS
Invoices will be submitted for services and reimbursable expenses and
are due when rendered. Invoice shall be considered PAST DUE if not
p~d withi,?- ~O days after the invoice date and the Engineer may
Without walvmg any claim or right against Client, and without liability
what.soever to the C)lent, suspend performance of the service.
Retamers shall be credited on the final mvoice. A service charge will
be c~arged at 1.5% per month on the '..mpaid balance. In the evellt any
portion or all at .ltl account remains unpaid 60 days aft~r bi1li!l~ thi~
Client shall pay cost of collection, including reasonable attorneys' fees
and compensa~lon for the time .ofthe staff members required to collect
the past due mvolces. All reimbursable e'9Jenses such as printing
couner, mileage, testing laboratories etc. are m addition to the base fe~
and will be billed with a multiplier ofl.15.
FEE
Th~ total fee, except stated lump sum, shall be understood to be an
estlmatc, based upon ~cope of Services. Where the fee arrangement is
to bl? on an hourly baSIS, the rates shall be those that prevail at the time
services are rendered.
SAFETY
It is understood and agreed that with the respect to Project site health
and safety., P&A is responsible solely for the safe conduct of its
personnel 10 the performance of their duties. It is expressly agreed that
P&A has no responsibility f~ the protection and safety. of any other
v.ersons on and about the Project SIte. Unless indicated otherwise in
the Proposal. Client shall provided, at its eX}?ense, all facilities and
labor necessary to afford P&A personnel safe access to sampling
testing or obset;"vation locations in conformance with federal, stafe ana
local. laws, ordm~cc::s and regulations. Unless access equipment is
proVided by P&A, It IS understood and agreed that P&A shall not be in
Charge of, and shall have no control or responsibilit:x over any aspect
of tlie erection, construction or use of any scaffolds, hoIsts cranes
~tays, ladders supports or other similar devices as defined and
mterpreted under any laws, ordinance or regulation relatin~ in any way'
to Vroject safety. Environmental contaminants P&A s scope of
services is confined to those items described in the applicable proposal
or sla~ement of worK. It does not inclu~e .the identtfication, testing
samphng, remova,l, abatement or remedlatton of any environmental
pollutant,. i.:o!lta!TImant, hazard,. toxin, condition, ~rritant, material or
problem, IlIl..audmg but not Itmlted to moldskfungl bacteria, mildew
mycotoxins, spores or other irritants of any indo 'If in the course of
P&A performance of its services it observes said conditions or falls to
observe said conditions which were otherwise visually detectable
Che~t. agrees P&A shall have no liability to anyone relative to said
condlhons.
STANDARD OF CARE
Services provided by the Engineer under this Agreement will be
perfofll!.ed in a qtanner consistent with that degree of care and skill
ordmartly exerCIsed by members of the same profession '''the
general~y !,-ccepted professional standar~ of care") currently practicing
under Similar circumstances and at the time of the subject Services.
OWNERSHIP OF DOCUMENTS
~ith ~he ~xception of P&A submittals to Client, all documents,
mcludlOg field data, field notes, laboratory test data, calculations and
analyses, prepared by P&A. as mstruments of service shall remain the
prop.crty of P&A P&A will retain all p:ertinent records relating to the
services ,l?erf~ed for a period of six (6) month following completion
of P&A s services. After thisJ'eriod they may be discarded unless
other arrangements are requeste and p'aid for by Client.
Client Please Return One (1) Copy wlth Original Signature
Agreement for Professional Engineering Services
OPINIONS OF COST
P&A's opinions of probable costs. If any, provided as part of the
services under this agreement are made on the basic of P&A's
~owledge, experience. and qualifications, and represent P&A's
Judg~ent ~s an expenenc.ed !l1ld qualified professional engineer
fanuhar WIth the constructIOn mdustry. P&A cannot and does not
guarantee that proposals, bids or actual costs will not vary from the
opinions of probable costs provided by P&A.
LIMITATIONS OF LIABILITY
To the fullest e~ent permitte~ by, law, the total liability, in the
aggregate, of Engmeer and Engmeer s officers, directors, employees
agents, and independent professional associates and Eng,ineers and
any others, to Client and anyone claiming by thrOUgh or under
Chent, for any. ~d all injuries, c.laims, losses, expenses, or damages
wha~soever anslp.g out o.f or m any way related to Engineer's
serVices, the project or thIS Agreement, from any causes or causes
wh~ts?ever, I~clu~ing. but not limited to, the negligence, errors,
omlsslon~ stnct habihty, breach of contract misr~presentation, or
breach 01 warranty of El1gineer or Engine~'.s officers, dircctors,
emP.Ioyees, agents or mdependent profeSSIOnal associates or
r:ngmeers, or any 9thers, shall not exceed the professional liability
I~sll;r~c~ as reqUIred by the state. Any other Client mandateo
h!,-blhty m~urance coverage o:ver and above the state limits shall be a
direct project cost under thiS Agreement. The provision of this
paragraph should apply regardless of the cause of aA;.tion, whether in
contn:lc,t. tort (including without limitation, negligcl1ce). statues or
o:hcrv.:,s,;:.
INDEMNIFICATION
If any claim, suit or legal action arising out of the services under this
Agreemen~ is asserted against P&A by a person or entity who is not a
party to this Agreement. Client agrees to indemnify nold harmless.
protect and defend P&A from ana against any such claim suit or
legal action and any and all loss, liability, damage, c~sts and
eXp'enses associated therewith, exce~ to the extent that the event
anOlor damages giving rise to such claim, suit or legal action is found
to pav~ been caused. by the neg~igence of P&A. The Client's
obltgati~n hereunder mcludes, but IS not limited to, the payment of
attorner. s fee, court costs, and elg)ert and consulting expenses
required for the proper and vigorous defense ofP&A.
HIDDEN CONDITIONS
A conditi~ is h~dde.n if conl?ealed by exi~ing finishes or is not
capable of investigation by Visual observatlon. Evaluation of the
hidden conditions is not included in the scope of work. If the
El,lgineer has reasol,l to believe that such a condition may exist, the
l?hent . sh~1I authonze and. pay for all costs associated with the
mveStigatlOn ,?f such a. ~ondltion and, if.necessary, all costs necessary
to correct said condltlon. If the chent fails to authorize such
investigation or believe that such a condition exists the client is
responSible for all risks associated with this condftion and the
Engi~eer shall not be responsible for the existing conditio'n nor any
resultmg damages to persons or property.
TERMINATION
This Agreement .may' be terminated by either partY. upon at lease (7)
days wrItten notice m the event of substantial failure by the other
paJ"tx to perform in accordance with the terms hereof. Such
termination shall not be effective if that substantial failure has been
re~edied before expiration .of ~e fl:eriod specified ~n the mitten
notice. In th~ event of te~ma~on, P&A shall be. paid for services
performed pnor to the termmation date set forth m the notice plus
reasonable termination expenses.
NO THIRD PARTY BENEFICIARIES
N?!!>i!!; ~!"' this :\gl~~!:'!.~':!'. :';~:J1l ""::'1:';: '\ :('1"ltra:::u~-! rd:ui.-";~;F
With, or cause of action in favOl ot: a third party against Client ot
P&A.
SUBPOENA OR COURT ORDERS
If any subpoena or court order is served upon P&A and/or any of its
staff, subconsultants or subcontractors requiring the presentation of
d?cuments or appearance at a deposition or trial, or for other
dIscovery pu~oses, arising out of services provided under this
AgreeJ;llent. . Client shall pay the charges applicable to P&A's
comphance .Wlth the subpoena or court order. Charges will accrue on
an actual time and related expense basis in accordance with the
standard rates in effect at the time of service upon P&A of the
~ubpoena or court order. Invoices will include time and expenses
mc~ed g<l;thering, organizing and duplicating documents, preparing
to give testimony, travel and testifying in deposition or trial.
Page 2 of2
<..... PISTORINO & AIAM CONSULTING ENGINEERS, INC.