HomeMy WebLinkAboutAddendum No. 2 - RFQ 21-11-01Addendum # 2
DATE: Monday, November 29, 2021
TO: ALL PLANHOLDERS
FROM: City Clerk
BID NO.: 21-11-01 - Professional Planning & Zoning Consulting Services, Including Civil &
Traffic Engineering
SUBJECT: Addendum No. 2
BID SUBMITTAL DEADLINE: Friday, December 3, 2021
Please attach this addendum to the documents in your possession and include the
Acknowledgment of Addenda form with your response incorporated with the Request for
Qualifications.
Q1. Can a Civil Engineering Firm be prime?
A1. Yes, as long as the firm has certified planners.
Q2. Does this RFQ require all disciplines to be in one team?
A2. No, it can hold sub consultants under the main company.
Q3. As currently worded, we believe that the indemnity provision section/article 1.26 on page 5 of the
RFQ is not in compliance with FL Statute 725.08 and is unenforceable. Would the City please consider
rewording this language to conform with the statute?
Suggested language per FL Statutes 725.08:
“The design professional shall indemnify and hold harmless the agency, and its officers and employees,
from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design
professional and other persons employed or utilized by the design professional in the performance of the
contract.”
A3. For this RFQ, the scope of services is broader than what Fla. Stat. 725.08 applies to. Therefore, for
this RFQ, we would recommend an addendum amending Section 1.26 of the RFQ to add the underlined
language. The paragraph in its entirety would read as follows:
1.26 HOLD HARMLESS/INDEMNIFICATION: The Firm shall indemnify, hold harmless, and defend
the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands
or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or
misconduct of the Consultant, their agents, servants or employees in the provision of goods or the
performance of services pursuant to this RFQ and / or from any procurement decision of the City
including without limitation, awarding the Contract to the Firm.
With respect to the work performed by design professionals of the Firm performing professional
services contract work as defined in Section 725.08, the Firm shall indemnify and hold harmless
the agency, and its officers and employees, from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Firm’s design professional and other
persons employed or utilized by the Firm in the performance of the contract.
Q4. Which firm(s) are incumbent on this contract?
A4. The incumbent on this contract is Calvin, Giordano & Associates.