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Addendum # 2 <br /> <br />DATE: Monday, November 29, 2021 <br />TO: ALL PLANHOLDERS <br />FROM: City Clerk <br />BID NO.: 21-11-01 - Professional Planning & Zoning Consulting Services, Including Civil & <br />Traffic Engineering <br />SUBJECT: Addendum No. 2 <br />BID SUBMITTAL DEADLINE: Friday, December 3, 2021 <br /> <br />Please attach this addendum to the documents in your possession and include the <br />Acknowledgment of Addenda form with your response incorporated with the Request for <br />Qualifications. <br /> <br />Q1. Can a Civil Engineering Firm be prime? <br /> <br />A1. Yes, as long as the firm has certified planners. <br /> <br />Q2. Does this RFQ require all disciplines to be in one team? <br /> <br />A2. No, it can hold sub consultants under the main company. <br /> <br />Q3. As currently worded, we believe that the indemnity provision section/article 1.26 on page 5 of the <br />RFQ is not in compliance with FL Statute 725.08 and is unenforceable. Would the City please consider <br />rewording this language to conform with the statute? <br /> Suggested language per FL Statutes 725.08: <br />β€œThe design professional shall indemnify and hold harmless the agency, and its officers and employees, <br />from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to <br />the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design <br />professional and other persons employed or utilized by the design professional in the performance of the <br />contract.” <br />A3. For this RFQ, the scope of services is broader than what Fla. Stat. 725.08 applies to. Therefore, for <br />this RFQ, we would recommend an addendum amending Section 1.26 of the RFQ to add the underlined <br />language. The paragraph in its entirety would read as follows: <br /> 1.26 HOLD HARMLESS/INDEMNIFICATION: The Firm shall indemnify, hold harmless, and defend <br />the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands