HomeMy WebLinkAboutReso 2022-3424RESOLUTION NO. 2022 - �
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, QUALIFYING AND SHORT -LISTING FIRMS TO PROVIDE LANDSCAPE
ARCHITECTURAL SERVICES ON AN AS -NEEDED BASIS, IN RESPONSE TO RFQ NO. 22-06-
01 FOR CONTINUING LANDSCAPE ARCHITECTURAL SERVICES; APPROVING CONTINUING
SERVICES AGREEMENTS WITH THE SHORT-LISTED FIRMS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") issued Request for Qualifications ("RF(X) No. 22-
06-01 for Continuing Landscape Architectural Services ("Services"), pursuant to the Consultants'
Competitive Negotiations Act ("CCNA"); and
WHEREAS, the City received six (6) responses to said RFQ, which have been reviewed by an
Evaluation Committee ("Committee"); and
WHEREAS, the Committee recommends the following four (4) shortlisted qualified firms to
provide the Services to the City (collectively "Firms"):
• Bermello Ajamil & Partners, Inc.
• Calvin, Giordano & Associates, Inc.
• Keith and Associates, Inc., d/b/a KEITH; and
• Miller Legg & Associates, Inc.; and
WHEREAS, the City wishes to award the RFQ and enter into continuing services contracts with the
above listed four (4) Firms to give the City flexibility to select the Firm deemed best suited fora particular
landscape architectural project when, and if needed; and
WHEREAS, any future project specific Project Agreements, Work Authorizations or Task
Assignments will be processed and approved in accordance with the City's procurement rules, noting
there is no guarantee of future work to any or all of the Firms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AS FOLLOWS:
Section 1. Qualification and Approval of Short List. The City Commission hereby approves the short
list, and awards RFQ 22-06-01, to the following firms to perform landscape architectural services:
• Bermello Ajamil & Partners, Inc.
• Calvin, Giordano & Associates, Inc.
• Keith and Associates, Inc., d/b/a KEITH
• Miller Legg & Associates, Inc.; and
Section 2. Approval of Agreements. The City Commission hereby approves the Continuing Services
Agreement with each of the qualified and short-listed Firms, attached hereto as Exhibit "A".
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Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreements.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things
necessary to effectuate this Resolution.
Section 5. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 20th day of October 2022.
A
MauriVio Bbtancur, rMC, City Clerk
.Je �� -
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
ANQ LEGAL SUFFICIENCY:
Edward A. Dion, City Attorney
Moved by: Z2!1�iL—IJ4 Seconded by:
Vote:
Mayor Goldman (Yes) (No)
Vice Mayor Viscarra g (Yes) (No)
Commissioner Joseph (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
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{5µT]NY ri163 CONTINUING SERVICES AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND KEITH ASSOCIATES, INC.
V T•
sa +ir. s.46'p FoI,
LANDSCAPE ARCHITECTURAL
CONTINUING SERVICES AGREEMENT
This Continuing Services Agreement (hereinafter relerred to as the "Agreement") is Inade
by and between the CI'T'Y OF SUNNY ISLES BEACH, FLORIDA, a Florida municipal
corporation, (hereivafter referred to as "City"), and KEITH & ASSOCIATES, I -NC. 171E/A
KEITH, a Florida corporation authorized to do business in the State of Florida (hereinafter referred
to as "Consultant"), whose Fedcral I.D. tI is 65-0806421.
WHEREAS, the City solicited proposals from qualified consultants on June 8, 2022,
pursuant to the City Request for Qualifications ("RFQ") No. 22-06-01, which RFQ, and ali
addenda thereto, is attached hereto as EXHIBIT "A" incorporated within this Agreement by
reference and made a part hereof. Consultant submitted a Response to the RFQ dated June 2.9,
2422, which Response is attached hereto as EXHIBIT "B" incorporated within this Agreement by
reference and made a pail hereof (the "Response to RFQ"). Based upon the representations of
Consultant in the Response to RFQ, which representations the City has relied upon, the City
selected the Consultant to provide said Continuing Professional Landscape Architectural Services
to the City; and
WHEREAS, the Consultant is willing and able to perforni such professional services for
the City within the basic terms and conditions set forth in this Agreement, the RFQ and the
Response to RFQ; and
WHEREAS, the purpose of this Agreeniclit is not to authorize a specific project, but to set
forth the terms and conditions which shall be incorporated into subsequent supplemental
agreements for specific projects or services when required; and
NOW THEREFORE, in consideration of the mutual terms, conditions, promises, and
covenants set forth below, the City alld Consultant agree as follows:
SECTION I SCOPE ON SERVICES
1.1, The Consultant will provide comprehensive landscape architectural services to the City, as
specified in EXHIBIT "C," Scope of Servioes, The City may, but is not required to, enter
into a Project Agreement or Letter Agreement for any one or any combination of these
Services.
1,2. The Consultant hereby represents to theCity, with full knowledge that the City is relying
upon these representations when entering into this Agreement with the Consultant, that the
Consultant is duly licensed by the State of Florida and has the professional expertise,
Authorized City Representative's Initials64 Authorized Gonsultant Representative's Initials:
experience and manpower to perform the services to be provided by the Consultant in a
manner consistent with the standard of care in the industry.
1,3. in accordance with the Consultant's Competitive Negotiations Act, the Consultant shall, at
the request of the City, provide professional services to the City for additional projects in
which construction costs do not exceed $4,000,000, and/or for study activities where fees
do not exceed $500,000.
SECTION 2 AUTHORIZATION OF SERVICES
2.1 When the need for services for a specific project occurs, the City may, at its sole discretion,
enter into negotiations with the Consultant for that specific project under the terins and
conditions or this Agreement. The City shall initiate said negotiations by providing the
Consultant with a Scope of Services Request (hereinafter referred to m the "Scope of
Services Request' }. The Consultant shall provide a proposal that shall confonn to the
requirements of Section 2.2 below.
2.2. The City and. Consultant shall tdilize a Project Agreement or a Letter Agreement for each
specific project. The, Project Agreement, a copy of which is attached to and incorporated
into this Agreement as EXHIBIT "D" shall be utilized for all projects requiring design
set -vices and/or Construction Administration Services exceeding $25,000. For projects
requiring design services equal to or less than $25,000 in value, a Letter Agreement shall
be utilized, a copy of which is attached to and incorporated into this Agreement as
EXHIBIT "Cr," Each Project Agreement or Letter Agreement will include but is not
limited to the followitrg negotiated tenns;
A 'file Scope of Services;
B. The deliverables (e.g. drawings, specifications, cost estimates, etc.);
C, The time and schedule of performance and term;
D, The method and amount of compensation;
E The persunucl assigitud to lite speuilic ptojuct, including, but iwt liitrifed to:
Consultant's project manager, other staff and subconsultants, which the City shall
have the right to reject in its sole discretion; and,
F. Atay modifications to the Project Agreement or Letter Agreement l'orm, iI'mutually
agreed upon by the patties or as required to comply with grants the City has
received.
2.3 The professioval services to be rendered by the Consultant shall commence subsequent to
the execution of each Project Agreement or Letter Agreement, City Staff shall negotiate
and prepare Project Agreements in excess of $50,000 for approval by the City Commission.
The City Manager is authorized to negotiate and execute Letter and/or Project Agreements
for specific projects in which the Consultant's services do not exceed $50,000.
Consultant's Services shall be performed and completed as specified in the Project
Agreement err Letter Agreement.
Authorized City Representative's Initials Authorized Com ultent Representative's Initials; &/
2.4 The City may, at its sole discretion, utilize the services of another consultant or solicit
Requests for Qualifications for professional services for any project or services out htied in
the RFQ and EXHIBIT "C" of this Agreement.
2.5 The City Manager is authorized to sign all Agreement renewals, and extensions to this
Agreement, Amendments to this Agreement shall be approved by the City Commission
and amendments to Project Agreements hnd Letter Agreements shall be authorized in
accordance with the dollar thresholds specified in Section 2.3.
SECTION 3 (COMPENSATION AND PAYMENT
3.1 The City agrees to pay the Consultant compensation for tho services provided for in this
Agreement pursuant to the fee schedules set forth in either the Project Agreement or Letter
Agreement, and EXHIBIT 7" Compensation and Method of Payment, which exhibits are
attached to and incorporated in this Agreement. It is acknowledged and agreed to by
Consultant that the dollar limitations set forth in each respective Project Agreement or
Letter Agreement is a limitation upon, and describes the maximum extent of, City's
obligation to reimburse L'onsultant tar direct, non -salary expenses, but does not constitute
a limitation upon Consuitant's obligation to incur such expenses in the performanoe of
services hereunder. If City requests Consultant to incur expenses not contemplated,
Consultant shall notify the City's representative in writing and obtain their approval ill
writing prior to incurring such expenses. Nothing in tltis Agreement shall be construed to
iudicatc that Consultant shall be obligated to peri'oni services or to incur expenses that
have not been authorized in writing by the City.
SECTION 4 TERM
4,1 This Agreement shall commonce on the date this instrument is fully oxecuted by all parties
and shall end three (3) years 1'roni the executed date unless and until terminated pursuant
to Seotion 5 of this Agreement. Each Project Agreement and Letter Agreement shall
specify the term agreed to by the City and the Consultant for services to be rendered under
said Project Agreement or Letter Agreement. The City, at its solo option, may renew this
Agreement for two (2) additional (1) one-year renewal terms,
4.2 Ill the event Services are scheduled to cid because of the expiration Of the Agreement, or
by termination by the City (at the City's discretion), the Consultant shall continue to
perform the agreed upon Service upon the request of the City Manager, solely for the
purpose and to the extent necessary to complete any unfinished tasks. Project Agreements
and Letter Agreements issued during the contract terra and not completed within the
contract term shall be completed by the Consultant within the time specified in the Project
Agreement or Letter Agreement. Each Project Agreement or Letter Agreement may
provide that the Consultant is to achieve final completion within a time period determined
and agreed upon by bath parties from the elate appearing in the Notice to Proceed form for
the specified Project. Therefore, the Consultant agrees to begin each Project in conformity
with the provisions set forth in the Project Agreement or Letter Agreement and to perform
it with all due diligence, so as to complete the entire work and Project by the time limits
set forth in the agreed Project Schedule for the specified Project. As to such a Project
Authorized Clly RepresentstNe's lnitiels:A� Auftrized Consultant Reptowlative's lnitialg�"
Agreements or Letter Agreements that have deadlines, time will be of the essence unless
stared othenvise_ The C'nnsnitsnt shall he compensated for the service at the rate in effect
when this extension clause is invoked by the City,
SECTION 5 TERMINATION
5.1 Termination for Convenience; This Agreement may be terminated by the City for
convenience upon ten (10) calendar days' written notice to the Consultant. In the event of
such termination, any Services performed by the Consultant under this Agreement shall, at
the option of the City, become the City's property, and the Consoltant shall be entitled to
receive compensation for any Services completed pursuant to this Agreement to the
satisfaction of the City up to and through the date of termination. Under no circumstances
shall City make payment for services that have not been performed. Additionally, the City
shall not make payment for (lie following items:
5.1.1 Anticipated profits or fees to be earned on completed portions cif (lie work;
5,1,2 Consequential damages;
5,1.3 Costs incurred in respect to services performed in excess of reasonable quantitative
requirements of this Agreement and Project Agreements) or Letter Agreement(s);
5.1,4 Expenses of Consultant due to the failure of Consultant or its subconsultanis to
discontinue services after notice of termination has been given to the Consultant
nsultant;
5,1.5 Losses upon other contracts or from sales or exchanges of capital assets or Internal
Revenue Code Sections 1231 assets; and
5.1,6 Damage. or loss caused by delay.
5,2 Termination for Cause; This Agreement way be torrninated by the City upon tett (10)
calendar days written notice to the Consultant should (lie Consultant be adjudged bankrupt,
insolvent, violates the law, or fails to sahstantially perform in accordance with the material
te,mi3 of this Agreement. If, through any cause within reasonable control, the Consultant
shall fail to fulfill its a timely manner or otherwise violate any of the covenants, agreements
or stiputations material to this Agreement, the City shall have the right to temiinaw the
Services then remaining to be performed. Prior to the exercise of its option to terminate
for cause, the City shall notify the Consultant of its violation of the particular terms of the
Agreement and grant Consultant ten (10) days to cure such default. if the default remains
uncured after ten (10) dtry5 the City may tetmiinate this Agreement, and the City shall
receive a refund from the Consultant in an amount equal to the actual cast of a third party
to cure such failure. II' Consultant fails, refuses or is unable to perform any term of this
Agreement, the City shall pay for services rendered as of the date of termination.
5.2.1 in the event of termination, all finished and unfinished documents, data and other
work, product prepared by the Consult -wit shall be delivered to the City and the City
shall compensate the Consultant for all Services satisfactorily perfonned prior to
the date of termination.
5.2,2 Notwithstanding the foregoing, the Consultant shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the Agreement by
Consultant and the City may reasonably withhold payment to the Consultant for the
purposes of set-off until such time as the exact amount of damages due the City
frons the Consultant is determined.
Authorized City.Repres9YIWW's Initials: ;O AuthorIzed Consultant Repres6nlativa's Initials: P
4
5.2.3 in the event that the Consultant is terminated by the City for cause and it is
subsequently determined by a court of competent jurisdiction that such termination
was without cause, Stich termination shall thereupon he doemed a termination 1`(-)r
convenience under Section 5.1 and the provisions of Section 5.1 shall govern.
5.3 Termination for Governmental Non -A ro riattong: The City is a bona fide
governmental entity of the State of Florida with a fiscal year ending on September 30 of
each calendar year. If the City does not appropriate sufficient fiords to purchase Services
required under this Agreement for any of the City's fiscal years subsequent to the one in
which the Agreement is executed and entered into, then this Agreement shall be terminated
effective upon expiration of the fiscal year in which sufficient funds to continue to the
satisfaction of the City's obligation under this Agreement were last appropriated by the
City and the City shall not in this sole event be obligated to make any further purchases
beyond said fiscal year.
SECTION 6 CfTY'S RESPONSIBILITIES
fi_ 1 The City shall assist the Consultant by placing at its disposal all reasonably available
information as may be requested in writing by the Consultant and allow reasonable access
to all pertinent inl`ormation relating to the services to be per£orrned by the Consultant_
6.2 The City shall funiish to the Consultant, at the Consultant's request, all existing studies,
reports anti other reasonably available data pertinent to the services to be provided by the
Consultant.
6.3 The City shall arrange for access to and make all reasonable provisions for the Consultant
to enter upon City's public property as required for the Consultant to perform services.
6A In the event that Consultant believes that City is not reasonably complying with the
requirements of Sections 6.1, 6_2 and 6_3 shove, C ons+Jtnnt skull immediately provide
written notice within three (3) days of such non-compliance to the City, absent which
Consultant shall be deemed to have waived such non-compliance by City.
SECTION 7 CONSULTANT'S RESPONSIBILITIES
7.1 The Consultant shall co nply with all laws, ordinances and govenmental rides, regulations,
and orders now of at any time during the term of this Agreement which as a matter o l' 1.11Y
are applicable to or which affect the procedures of the Consultant.
7.2 The obligation of tho Consultant to comply with governmental requirements is provided
for the purpose of assuring proper safeguards for the protection of persons and property.
7.3 The Consultant shall exercise the same degree of care, skill and diligence in the
petformance of the services as is ordinarily provided by a professional architect under
similar circumstances. 1l' at any time during the term of any Project Agreement, Letter
Authorized City Representeil!W5 Initials: Authorized consultant Representative's Initlals:N1
7.4
Agreement or the construction of the specific project for which the Consultant has provided
landscape architectural services under a prior Project Agreement or Letter Agreement, it is
determined that the Consultant's documents are incorrect, defective or fail to coliform to
the scope of services, due to Consultant's negligent acts or ft>li.lure to act, errors or
omissions, upon written notification from the City, the C:onsultaut shall immediately
proceed to correct the work, to -perform services which rail to satisfy the foregoing standard
of care as determined by the City, and Consultant shall compensate the City as provided in
Section 7.3.1 for all costs and expenses associated with correcting said incorrect or
defective work, including any additional testing and inspections. The City's rights and
remedies underthis section are in addition to, and are cumulative of, any and all other rights
and remedies provided by this Agreement, the Project Agreement, the Letter Agreement,
by law, equity or otherwise.
7.3,1 Where Consultant's actions as described in Section 7.3 result in a Change Order to
the Contact for Construction with the Contractor, the Consultant shall compensate the City
for the cost of the Change Order work that exceeds the cost of the work had it been included
in the construction documents at the tiI13C that IJ165 !'or construction werc received by the
City, plus the total of the Contractor's overhead and filly -percent (54°/a) of profit included
in the approved Change Order.
7.3,2 Any time added to the project schedule in to Change Order that is a result of
Consultant's actions as described in Section 7.3 cannot be claimed by the Consultant as
additional services nor compensated to (lie Consultant in any way.
The Consultant's obligations under Sections 7.3 and 7.3,1 shall survive termination,
cancellation, or expiration or this Agreement or any Project Agreement or Letter
Agreement,
7.5 Any and all drawings, plans, specifications, or other constriction or contract documents
prepared by the Consultant shall be accurate, coordinated and adequate rot construction
and shall be in conformity and comply with all applicable law, codes, and regulations.
Products, equipment, and material specifies for use shall be readily available unless written
authorization to the contrary is given by the City.
SECTION 8 POLICY OF NON-DISCRIMINATION
8.1 The Consultant shall comply with rill federal, state and local laws and ordinances applicable
to the work or payment for work and shall not discriminate on the grounds of race, color,
national origin, sex, gender identity, sexual orientation, age, disability/handicap, religion,
family or income status.
SECTION 9 CODE OF ETHICS
9.1 The Consultant and its employees shall be bound by the provisions of the City Code of
Ethics provided in Chapter 33 of the Code of the City of Sunny Isles Beach, Florida, as
may be amended from time to time, which standards Shall by this reference. be made a part
Authorized City Representative's Initials:" M Autharia9tf Consultant Ropresentalive s Initial
6
of (his Agreement as though set faith in full. The Consultant agrees to incorporate the
provisions of this Section 9,1 into any subcontract.
SECTION 10 OWNERSHIP OF DOCUMENTSMELIVERABLES
10.1 All subcontracts Cor the preparation of reports, studies, plans, drawings, specifications, or
other data entered into by the Consultant for a project shall provide that all such documents
and rights obtained by virtue of such subcontracts shall become the property Of the City.
10.2 All finished or unfinished documents, including, but not limited to, detailed reports,
studies, calculations, plans, drawings, surveys, maps, models, photographs, specifications,
and all other data pertaining to or prepared for the City or furnished by the Consultant
pursuant to this Agreement or any Project Agreement or Letter Agreement shall be and
shall remain at all times, throughout the Project and thereafter, the property of the City,
whether the project for which they are made is completed or not, and shall be delivered by
the Consultant to City within five (5) calendar days after receipt of written notice
requesting delivery of said documents. The Consultant shall have the right to keep one
record set of the documents upon completion of the work; however, in no event shall the
Consultant use, or permit (o be used, any of the documents without the City's prior written
authorization_ Any reuse of such documcnts by the City without the written verification or
adaptation by the Consultant for the specific purpose intended will be at the City's sole
risk.
10,3 At the conclusion of its work and bel`ore final payment, or froth time to time as may be
r+cquired by the City, the Consultant shall roleaw and deliver to the City any and all such
originals; provided, however, that the Consultant may, with the City's approval, reproduce
such originals for the purpose of the Consultant's record file of the work. The Consultant
shall not sell, copy, or reuse any drawings in total or in pant i'or any other project, except
with the prior written permission of the City.
10.4 All final plans and docurnents prepared by the Consultant shall bear the endorsement and
seal of a person duty registered as an architect, as approprinte, in the State of Morida,
SECTION 11 RECORDS/AUDITS
11.1 Consultant shall maintain and shall require its subconsultants to maintain complete and
correct records, books, documents, papers and accounts pertaining to work performed in
connection with this Agreement including without limitation, reasonable substantiation of
all expenses incurred based on actual costs and of all property acquired or disposed of
hereunder. Such records, books, documents, papers and accounts shall be available at all
reasonable times for examination and audit by the City or any authorized City
representative with reasonable notice and shall be kept for a period of three (3) years after
the completion of each project to be performed pursuant to this Agreement. Incomplete or
incorrect entries in such records, books, documents, papers or accounts will be grounds f'or
disallowance by or reimbursement to the City of any fees or expenses based upon such
entries. The Consultant shall remit promptly to the City the amount of any adjustment
resulting from audit,
Authorized Clty RBpresenMiv9'S Mitidl5; Authorized Consultant Representalive's Initials rK/
1 1.7. Rc:filsnl of the Consultant to Comply with the provisions in this Section shall be grounds
for immediate termination for cause by the City of this Agreement or any Project
Agreement or Letter Agreement.
SECTION 1.2 NO CONTINGENT FEE
12.1 'Che Consultant wariants that it has not employed or retained any company or person, other
than a bona fide employee working solely 1br the Consultant, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for the Consultant, ally
fee, commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement. In the event the Consultant violates this provision,
the City shall have. the right to terminate this Agreement or any Project Agreement or Letter
Agreement, without liability, and at its sole discretion, to deduct from the Agreement price,
or othenvise recover, the full amount of such fee, commission, percentage, gift or
consideration.
SECTION 13 INDEPENDENT CONTRACTOR
13.1 The Consultant is an independent contractor under this Agreement. Persolial services
provided by the Consultant shat I be by employees or subcontractors of the Consultant who
shall be subject to supervision by the Consultant, and who shall not be deemed office5-3,
employees, or agents of the City. Personnel policies, tax responsibilities, social security
aqui health insurance, employee bonefity, purchasing policies and other similar
administrative procedures applicable to Services rendered under this Agreement shall be
those of the Consultant and not City,
SECTION 14 1NUEMNIFICATIONIHOLD HARMLESS
14.1 To the f'ullcgi cxtont permitted by law, the Consultant agrees to indemnify and hold -
harmless the City, its olYicers 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 Consultant and other
persom employed or utilized by the Consultant in performance of this Agreement. This
indemnification shall survive the term of this Agreement.
14.2 PURSUANT TO FLORIDA STA.T'UTF.S §558.0035, A DESIGN PROFESSIONAL
EMPLOYED BY CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE
FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURiNG WITHIN THE
SCOPE AND OF PROFESSIONAL SERVICE'S UNDER THIS AGRFFMENT.
SECTION 15 INSURANCE
15.1 Consultant agrees to maintain, oil a primary non-contributory basis and at its sole expense,
at all times (luring the life of this Agreement, the following insurance coverages, limits,
Authorized Chy Reprosentative's Inilials_ pp Authorized Consultant Represontalive's Initials _
including endorsements described herein. The requirements contained herein, as well as
City's review or acceptance of insurance maintained by Consultant is not intended to and
shall not in any manner limit or qualify the liabilities or obligations a4sinned by Const ill ini
under this Agreement. Any coverage maintaiiied by the City shall apply excess of, or
contingent upou the absence of, other insurance required or maintained by Consultant,
15.1.1 Comprehensive General Liability Consultant agrees to maintain Comprehensive
General Liability at a limit or liability not less than $1,000,000 each occurrence-,
$2,000,000 annual aggregate. Coverage shall not contain any restrictive endorsement(s)
as filed by the insurance services Office, and must include;
,-- Premises and Ongoing Completed Operations - on a primary and
noncontributory basis including waiver of subrogation on behalf of the City of
sunny Isles Beach,
Independent Contractot7s
Broad Form Property Damago
Broad Farm Contractual Coverage applicable to this specific Contract,
including any Bold
Harmless andfor iudemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits ol` coverage equal to those required I'm Bodily
injury Liability and Properly Damage Liability.
15.1,2 Worker's Compensation Insurance & Employers Liability: Consultant agrees to
maintain Worker's Compensation Insurance & tlmployers Liability in accordance with
Florida statute, Chapter 440, and where applicable, the United States Longshoremen's and
Harbor Worker's Act, the Federal Employers' Liability Act and the IIones Act, Employer's
Liability Insurance shall be provided with a rninimum of Ono Million Dolltus
($1,000,000.00) per accident. Consultant agrees to be responsible for the employment,
conduct and control of its employees and for any injury sustained by such employees in
the course of their employment.
15.1.3 Professional LiabiliW Consultant agrees to maintain Profegsionnl (F.rmrc &
Omissions) Liability at a limit of liability not less than $1.,000,000 per claim, $2,000,000
annual aggregate, The Consultant agrees the policy shall include a ininimum three (3) year
Discovery (tail) reporting period, and a Retroactive Date that equals or precedes the
effective date of the Agreement. The Consultant agrees that Self-insured Retention shall
not exceed $25,000. '
15.1,4 Errors and Omissions Liability: Errors and Omissions Liability insurance with
ininimum coverage limits of $1,000,000.00 each occurrence, Consultant acknowledges
that the City is relying on the competence of the Consultant to design the project to meet
its functional intent, If it is determined during construction of the project that changes must
be made due to Consultant's negligent errors and emissions, Consultant shall promptly
rectify them at no cost to City and shall be responsible for additimal costs, if any, of the
project to the proportional extent caused by such negligent errors or omissions.
15.15 Business Automobile Liability: Consultant agrees to maintain coverage with
m1winum limits of five Million Dollars ($5,000,000.00) per occurrence combined single
Authorized City Representative's rnitiars.61 Authorized Consultant Represeritative's Initiars�
hinit for Bodily Injury Liability and Property Daurtage Liability. Coverage must be
afforded on s form no innre restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
Owned Vehicles;
Hired and Non -Owned Vehicles;
E mployers' Non -City ship.
15.1.6 Umbrella Insurance: Consultant shall be acquired to purchase, maintain, and keep
in full force, effect, and good standing, Umbrella Liability Insurance above the primary
commercial general liability, automobile liability, and employers' liability policies required
herein. The limit shall not be less than One Million Dollars ($1,000,000,00) each
occurrence and annual aggregate per occurrence during the initial and any renewal term of
this Agreement.
15. 1.7 Additional Insured: The Consultant agrees to endorse the- City as an Additional
Insured on all policies set I"urth in this Section 15, and the City of Sunny Isles Beach,
Contract Numbor, and Title, must appear can each Certificate of Insurance, All Certificates
of insurance. must remain active during (lie term of the contract.
15. l .8 Waiver of Subro&ation: Consultant agrees to provide a Waiver of Subrogation for
each required policy hereim When required by the insurer, or should a policy condition
not permit Consultant to enter into a pine -loss agreement to waive subrogation without an
endorsement, then Consultant agrees to notify the insurer and request the policy be
endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent,
This Waiver of Subrogation requirement shall not apply to any policy, which includes a
condition specifically prohibiting such an endorsement, or voids coverage should
Consultant enter into such an agreennenI on a pre -lass basis.
15.1.9 Certificate(&) of Insurance_ Consultant agrees to provide City a Certificate of
Insurance evidencing that all coverages, limits and endorsements required herein are
maintained and in full force and effect, and Certificates ol` Insurance shall provide a
minimum thirty (30) day endeavor to notify City of a non -renewal or cancellation notice,
when available by Consultant's insurer via certified mail. If the Consultant receives a non-
renewal or cancellation notice from an insurance carrier affording coverage required
herein, or receives notice that coverage no longer complies with the insurance requirements
herein, Consultant agrees to notify the City by fax and email as set forth in this Section
within five (5) business days with a copy of the non -renewal or cancellation notice, or
written specifics as to which coverage is no longer in compliance
The certificate irolder address shall read:
City of Sunny Isles Beach
Risk Management Division
Athi: Risk Manager
18070 Collins Avenue
Sunny Isles Beach, FL 33160
YL ondonra@sib ll, net
Authorized City Representatlue's Initials
Authorized Consultant Represenlativa's Initials:
Pnl
1Q
15.1.14 Right to Revise or Reject. City reserves the right, but not the obligation, to
revise any insurance requirement, not limited to limit%, coverages and endorsements, nr to
reject any insurance policies that fail to meet the eritena stated herein, Additionally, City
reserves the right, but not the obligation, to review and reject any insurer providing
coverage due of its poor financial condition or failure to operating legally.
SECTION 16 REPRESENTATiVF OF CITY AND CONSULTANT
16.1 City Representative, It is recognized that questions in the day-to-day conduct of this
Agreement will arise. The City designates the City Manager as the person to whom all
communications pertaining to the day-to-day conduct oi'this Agreement shall be gaddressed.
16.2 Consultant Reliresentative, Consultant appoints Kelli Schueler, PLA, LFED AP as the
Consultant's Representative to whom all conmtiunications pertaining to the day-to-day
action ol'this Agreement shall be addressed,
SECTION 17 ALL PRIOR AGREEMENTS SUPERSEDED
17.1 This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained in this
Agreement and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in
this document. Accordingly, it is agreed that no deviation from the terms of this Agreement
shall be predicated upon any prior representations or agreements whether oral or written.
SECTION 18 SUBCONSULTANTS
1$.1 in the event the Consu Rant requires the services of any sub consultant or subcontractor" in
connection with services covered by this Agreement, any Project Agreement or any Letter
Agrecment, the Consultant must secure the prior written approval of the City Manager.
19.2 Any subcontract with a wbeonti-actor or subconsultant shall afford to the Consultant rights
against the subcontractor or subconsultant which correspond to those riglits afforded to the
City against the Consultant herein, including but not limited to those rights of termination
as set forth herein,
18.3 No reimbursement shall be made to the Conswltant for any subeensultants that have
not been previously approvCd in writing by the City for use by the Consultant.
SECTION 19 NOTICES
19.1 Whenever either party desires to, or is required to give notice to the other, it must be given
by %Yritten notice, sent by certified United. States mail with return receipt requested or other
Commercial overnight delivery services, addressed to the party for whom it is intended, at
the place last specified, and the place for giving notice in compliance with the provisions
Authorized My Repre6antative'6 IrtIO15-- Authorized Consultant Represenlative's Initial
11
ol'this Section. For the present, the parties designate the following as the respective places
for giving of notice, to wit_
If to the City:
Stan Morris
With a copy to:
City Manager
Edward Dion, Esq.
City of Sunny isles Beach
City Attorney
18070 Collias Avenue
City of Sunny Isles
Fourth Floor
Beach
Sunny Isles Beach, Florida
18070 Collins Avenue
33160
Fourth Floor
Tel: (305) 792-1776
Sunny Isles Beach,
Florida 33164
Tel; .305 792-1766
If to the
Paul Weinberg, PLA,
Consultant;
Executive VP
Keith
2312 S. Andrews Avenue
Fait Lauderdale, FL 33316
pwcinbcrg KEITHteam.com
954 788-3400
SECTION 20 TRUTH -IN NEGOTIATION C:EIt' 1FICATE
20,1 Signature of this Agreement by Consultant shall act as the execution of a trutli-in-
negotiation certificate stating that wage rtes and other costs used to determine the
compensation provided for in this Agretinent are accurate, complete, and current as of the
date of the Agreement and no higher than those charged to the Consultant's most favored
customer I'or the iame or substantially similar services. The said rates and costs shall be
adjusted to exclude any significant sums should the City determine that the rates and costs
were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate
presentation of fees paid to outside contractors. The City shell exercise iL5 rights uudcr this
clause within three (3) years following final payment,
SECTION 21 GOVERNING J,AW/JURISDICTION/VENUE
21,1 This Agreement shall be governed by the laws of the State of Florida. Except as set forth
in Sections 14, 5,2, and 30, should the parties be involved in legal action arising under, or
connected to, this Agreement, each party will be responsible for their own attorneys' fees
and costs. The venue for any litigation between the parties will be Miami -Dade County,
Florida. Both parties hereby agree to waive it jury trial in any action between them, and
will proceed to a trial by judge. if necessary.
SECTION 22 HEADINGS
22.1 Hcadings are for couvenience of reference. only inrd shall lint he consiriered in Rely
interpretation of this Agreement.
Authorized City Representative's lnitialsiA Authorized Consultant Representatives Initials:A�r
12
SECTION 23 EXHIBITS
23.1 Each Exhibit referred to in this Agreement forms n essential pari of this; Agret sment. The
Exhibits, if ttat physically attached, should be treated as part of tills Agreement, and are
incorporated by reference.
SECTION 24 COUNTERPAR'T'S
24,1 This Agreement may bo executed in several counterparts, each of which shall be deemed
an original and such counterparts shall constitute one and the sante instrument.
SECTION 25 WORDS AND PHRASES
25.1 Where the words "required," "approved," "approval," "satisfactory," "determined,"
"acceptable," or words of like import are used in this Agreement, action by the City is
indicated unless the context clearly indicates otherwise, and all work shall be in accorda>ilce
therewith, Such action, or failure to act, shall not relieve the Consultant o1' its contractual
responsibilities for performance of this Agreement. Wherever it is provided in the
Agreement that the Consultant shall perform certain work "at its own expense," or "without
charge," or that certain work will not be paid for separately, such words mean that the
Consultant shall not be entitled to any additional compensation from the City for such
work.
SECTION 26 NOTICE OF C[714IMENCEMElt1`IINOTICE TO PROCEED
26A Consultant shall not commence work until: 1) all insurance to be furnished liereunder has
been approved by the City; and 2) Consultant has received a City Purchase [order arid
written Notice to Proceed or Notice of Commencement froiu the City Manager for
provision of services under a Project Agreement or Letter Agreement, The City shall not
be responsible to pay for or reimburse the Consultant I'or any work that does not comply
with this Section.,
SECTTON 27 TI14+I1, IS OF THE ESSENCE
27.1 All limitations ol` lime set forth in this Agreement or any resulting Project Agreement or
Letter Agreement are of the essence
SECTION 28 CLAIMS BY CONSULTANT
28.1 All claims by the Consultant, all questions concerning interpretation or clarification of this
Agreoment or the acceptable fulfillmeut of this Agreement on the part of the Consultant,
and all questions as to compensation and to extension of tir ne shall be submitted in writing
to the City's Representative. The Consultant shall be solely responsible for requesting
instructions or interpretations and shall be solely liable for any costs and expenses arising
from its failure to do so_ All determinations, instructions, and elarilicatiorls of the City
shall be final unless the Consultant files a written protest with the City Mlnaser within
fourteen (14) calendar days after the City's representative notifies the Consultant of any
Authorized GIty Repraearitertives Initials= 95;3A Authorized Cor15UItp11t Representativa's PAJ
such determination, instruction, or clarification, which written protest shall state clearly
and in detail the basis of the protest, The City Mannger's decision shall be final_
28.2 The City Manager will issue a decision upon such protest, At all times during the protest
period, the Consultant shall proceed with the work in accordance with determinations,
instructions, and clarifications of the City's representative. The Consultant's failure to
protest the City's Representative's determinations, instructions, clarifications, or the City
Manager's decision within fourteen (14) calendar days after receipt thereof shall constitute
a ~waiver by the Consultant of all its rights to further protest, judicial or otherwise,
283 It is specifically agreed that any and all claims by a party against another party arising out
of this Agreement or the performance of the work thereunder or relating thereto, or
otherwise (including but not limited to claims For extra work) except as specifically set
forth in Subsections 283 and 28.2 above, shall be waived unless presented in writing to
the other party within the time limit specified in this Agreement but in no event in excess
of thirty (30) calendar days after occurrence of the event or circumstances giving rise to
such claim,
28,4 The Consultant shall also submit such information, costs and data in such detail and
specificity as may be reasonably required by the City to justify and substantiate such
claims, The Consultant shall certify that all such information, costs and data are accurate,
complete, and true, to the best of its knowledge, ft is agreed that under no circumstances
shall the Consultant be compensated or reimbursed 11or expenses incurred in claim
preparation, presentation, or prosecution unless directed in writing by the City.
SECTION 29 CONSULTANT'S STANDARD OF CARE
29.1 Consultant represents that Consultant's Services shall be perforinod with that degree o1`skill
and judgment which is normally exercised by recogniz4d. professional architectural firms
performing services of a similar nature, and that the services shall be performed and shall
cnnlunn lu gcijertally a�:ccpEed ar;lutectLual firms' strr�tdards and Fractice5 Consultant will
re -perform any services not meeting this standard without additional compensation and
shall pap all costs and expenses associated with correcting said services or work including
any additional testing, inspections, corrections, or construction_
SECTION 30 PATENT INDEMNITY
30.1 Subject to the limitations set forth in this Agreement, the Consultant shall indemnify, save
harmless and defend the City and the City Commissioners, City officers, and City agents
and employees (collectively "City Indemnified Party") from and against any and all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees
incident to any infringement of arty patent or patents related in any manner to the subject
matter of the Agreement documents prepared by the Consultant; provided, however, that
any City Indemnified Party may, at its option, be represented in any such suits, actions or
lagal pror.cedings by attrrrneys selected by City Indemnified Party at Consultant's expense.
In case the Construction Documents or any part thereof is held in such suit to constitute
infringement of any patent or patents and its use enjoined, the Consultant shall, at its own
Authorized City Rapresentalive's Initials: Authorized Consultant ROpresenlatlua's Initials.._
expense, subject to the limitation of the Consultant liability prescribed in this Agreement,
either procure for the City the right to continue using said Construction Documents or
replace same with non -infringing Constnie#ion Documents.
SECTION 31 FORCE MAJFURE
31.1 Neither party shall be considered in default in the performance orits obligations hereunder
to the extent that the, performance of any such obligation is relayed, hindered or prevented
by any cause which is beyond the reasonable control of the party affected thereby
(hereinafter called "Force rbTajeure"). Force Majeure includes but is not limited to any of
the toilowing irreasonably beyond the control of the party claiming Force Majoure; war
(declared or undeOared), fire, riot, storm, hurricane, floods, earth quake, tornado, act of
terrorism or sabotage or any lav, proclamation order, regulation, or ordinance or any
government agency or any court, or any other cause similar to those enumerated ;'above,
which is not reasonably within the control of the party claiming Force Majeure,
31.2 The party affected by any Force Majeure shall give prompt written notice to the other party
advising or the nature and extent of any Force Majeure and advising of the effects of the
Force Majeure upon the completion and cost of the work hereunder. The parties shall
consult promptly with each other concerning the Force Majeure and shall endeavorto agree
upon mutually acceptable corrective action. In the event of a Force Majeure which
prohibits performance by the Consultant for more than sixty (60) days, either party may
terminate this Agreement for convenience as providers for in Section 5.1.
SECTION 32 SUSPENSION
32.1 The City inay, at its sole option, decide to suspend at any tette the performance of all or
any portion of work to be performed tinder this Agreement. The Consultant will be notified
of such decision by the City in writing. The order shall be specifically identified as a stop
work order under this Section. Upon receipt of the order, the Consultant shall immediately
comply with its terms and take all reasonable steps to minimize the incurrence or costs
allocable to the work covcrcd by the order during the period of suspension.
32.2 Upon receipt of any such notice, the Consultant shall, unless the notice requires othelwisc,
do the following:
A, Immediately discontinue work on the date and to the extent speci lied in the notice;
B. Place no further orders, contracts or subcontracts lbr material, services, or facilities
with respect to suspended work other than to the extent required in the notice;
C. Promptly make every reasonable effort to obtain suspension upon terms satisfactory
to (lie City, of all orders, subcontracts, and rental agreements to the extent they
relate to performance of work suspended; and
D. Continue to protect and maintain the services including (hose portions on which
scrvicos have been suspended.
AuthOzed 04 Representative's Initiafs& Authorized Consullant Reprasantative'e Initlals:B
32.3 As full compensation for such suspension, the Consultant shall be reimbursed for the
Following costs, reasonably incurred, without duplication of any ilern, to the, extent that
such casts directly result from such suspension of work;
A. An equitable amount to reimburse the Consultant for the cost of maintaining and
protecting that portion of the services which have been suspended; and
B. If, as a result of any such suspension of servicer, the cost to the Consultant of
subsequently performing services is inoreased or decreased, an equitable
adjustment will be made in the cost of performing the remaining portion ofservices,
SECTION 33 RECORD DRAWINGS AND SPECIFICATIONS
33,1 During construction, the Consultant shall maintain for the City a record of deviations on
the basis of information compiled and furnished, in pail, by others, from the work as shown
in the drawings and specifications and as actually installed. Before, final payment by the
City, the Consultant shall revise any drawings and specifications affected by such deviation
so that all such docornents shall show the work tactually installed. A digital drawing or
approved equal of the final certified record drawings sliall be submitted to the City,
33.2 A review of the markup record drawings at the construction site will be conducted at the
progress meeting.
SECTION 34 ORDEit OF PRECEDENCE
34.1 In the event of an inconsistency between provisions of this Agreement, the inconsistency
shall be resolved in the following order:
A, Project Agreement or Letter Agreement
B. Continuing Services Agreement
C. RFQ, including all addenda
D. Response to R.FQ
SEaCTION 35 SUCCESSORS AND ASSIGNS
35.1 The City and Consultant bind themselves, their successors, assigns, and legal
representatives to the other party hereto and to successors, assigns and legal representatives
of S=h other party in respect to covenants, agreements, and obligations contained in this
Agreement, The Consultant shall not assign this Agreement without prior written consent
of the City.
,SECTION 36 CONSULTANT'S PERSONNEL
36.1 The presence or duties of the Consultwit's personnel at a work site, whether as onsite
representatives or otherwise, do not make the Consultant or the Consultant's personnel in
any way responsible for those duties that belong to the City and/or the constmlmction
contractors or other entities, and do not relieve the construction contractors or any other
entity of their obligations, duties, and responsibilities, including, but not limited to, all
Authorized City Representative's Inilials_ / 14 Authorized Consultant Representatives Inifiab..v
16
00118truction methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the
construction Contract Documentig, and any health mid safety precautions roquired by such
construction work. The Consultant and the Consultant's personnel shall report to the City
any health or safety deficiencies of the construction contractors) ar other entity or any
other person at the construction site that Consultant's personnel actually observe,
36.E The C3onsultaut's personnel is not authorized to direct the City's contractor's to take any
actions that deviate from the approved plans or scope of work without first obtaining
written approval from the City.
SECTION 37 SEVERABILITY
37.1 if any provision of this Agreement or the application thereof to any person or situation
shall, to any extent, be held invalid or unenforceable, the remai utter of this Agreement, and
the application of such provisions to persons or situations other than those. as to which it
shall have been hold invalid or unenforceable, shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
SECTION 38 ENTIRETY OF AGREEMENT
38.1. The City acid the Consultant agree that this Agreement sets forth the entire agreement
between the parties, and that theme are no promises ornnxderstandings other than those stated
herein. None of the providons, ternAs and conditions contained in this Agreement may be
added to, modified, superseded or otherwise altered, except by written instrument executed
by the parties hereto with the same formality as this Agreement.
SECTION 39 THIRD PARTY BENEFICIARIES
39.1 It is expressly understood and agreed that the enforcement of these terms and conditions
shall be reserved to City And Consultant and that tlicre are no third party benef iciaTies under
this Agreement.
SECTION 40 PUBLIC RECORDS
44.1 The CONSULTANT shall comply with all applicable requirements contained in the
Florida Public Records Law (Chapter 119, Florida Statutes), including but not limited to
any applicable provisions in Section 119.0701, Florida Statutes, To the extent that the
CONSULTANT and this Agreement are subject to the requirements in Section 119.070 1,
Florida Statutes, the CONSULTANT shall, (a) keep and maintain public records required
by the CITY to perform the services provided hereunder; (b) upon inquest from the CITY'S
custodian of public records, ptovide the CITY with a copy of the requested records or allow
public records to be inspected or copied within a reasonable time at a post that does not
exceed the cast provided in Chapter 119, Florida Statutes, or as otherwise provided by law;
(c) ensure that public records that are exetnfrt or confidential and exempt from public
records disclosure requirements are not disQlosed, except as authorized by lav 11or the
duration of the term of this Agreement And followint! comrletin" nf'rhis Agreement if the
CONS ULT ANT does not transfer the records to the CITY; and (d) upon completion of the
Authorized City RepresengoOva's Initials;—�;6 Authorized Consultant Repf85entativa9 Initialsw
Agreement, iransfcr, at no cost, to the CITY all public records in the possession of the
CONSULTANT or keep and maintain public,rec.ords required by the CITY to perform III,-
service,
1tiPseltvice, If the CONSULTANT transfers all public records to the CITY upon completion
of the Agreement, (lie CONSULTANT shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclostire requircincnts. If the
CONSULTANT keeps and maintains public records upon completion of the Agreement,
the CONSULTANT shall meet al] applicable requirements for retaining public records. All
records stored electronically must be provided to the CITY, upon request from the CITY'S
custodian of public records, in a format that is compatible with the information technology
systems of the CITY. II' the CONSULTANT fails to comply with the requirements in this
Section 44, the CITY may enforce these provisions in accordance with the terms of this
.Agreement. If the CONSULTANT fails to provide the public records to the CITY within
a reasonable time, it may be subject to penalties under Section 119. 10, Florida Statutes_
IF THE CONSULTANT HAS QUESTIC]NS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE
CONSULTANT SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS: THE CITY CLERK, MAURIC;IO BETANCUR, BY TELEPHONE
(305/792-1703), E-MAIL (11r BETANCUR@SIBI+L.NET), OR MAIL (CITY OF
SUNNY ISLES BEACH, OFFICE OF THE CITY CLERK, 18070 COLLINS
AVENUE., SUNNY ISLES BEACH, FLORIDA 33160).
SECTION 41 DISCRMINATORY VENDOR LIST
41.1 Pursuant to Section 287,134, Florida Statutcs, an entity or affiliate who has been placed
on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract
to provide any goods or services to it public entity; may not submit a bid, proposal, or
reply on it colitract with a public entity for the construction or repair of a public building
or public work; may not sahmit bids, proposals, or replies on leases of real property to a
public uitti[y; may not be awarded or perforin work as a Contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity. By execution of this Agreement, CONSULTANT
certifies that it has not been placed on the discriminatory vendor list as provided in
Section 287.134, Florida Statutes.
SECTION 42 PUBLIC ENTITY CRIMES
42.1 Pursuant to Section 287.133, Florida Statutes, 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 Ior the
construction or repair of 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 amountprovided in s. 287.017 forC1ATEGORY TWO for a period of 36 months
Authorized Ciiy Roprasanlatives Initials: Authorized Consultant Reprasentativa's Initials: fo
following the date of being placed on the convicted vendor list, By execution of this
A&rccinerit, Consultant certifies that it has not been placed on the convicted vendor list
as provided in Serlion 2$7.133, Florida Statiltes_
SECTION 43 SCRUTINIZED COMPANY
43.1 Pursuant to Section 287.135, Florida Statutes, Consultant certifies that it i.s 'not on the
Scrutinized Companies that Boycott Israel List created pursuant'to Section 215..4725,
Florida Statutes and that it is not engaged in a boycott of Israel.
43.2 Pursuant to Section 287.135, in the event the Agreement is -for, one, xnillion..ipilays pe-,
more, Consultant certifies that it is not on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List created pursuant to Scction 215.473, Florida Statutes; and Consultant Further
certifies that it is not engaged in business operations in Cuba or Syria,
43.3 Pursuant to Section 287.135, Florida Statutes, City may, at the option oi` the City
Commission, terminate this Agreement ifC:onsultant is round to have submitted a False
certification as provided under subsection 2$7,135(5), Florida Statutes; has been placed
on the Setatinized Companies that Boycott Israel list, or is engaged in a boycott of Israel;
has been placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or has
been engaged in business operations in Cuba or Syria.
SECTION 44 E -VERIFY.
44.1 Florida Statute 448.095 directs all public employers, including municipal governments,
to verify the employment eligibility of all new public employees through the U.S.
Department of Ifomcland Security's E -Verify System, and further provides that a public
employer may not enter into a contract unless each party to the witraot registers with
and uses the E -Verily system_ Florida Statute 448.095 further provides that if a
Consultant enters into a contract with a subcontractor, the subcontractor inust provide the
Consultant with an affidavit stating that the subcontractor docs not employ, contract with,
or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, Consultant is required to verify employee
eligibility using the F -Verify system for all existing and new employees hired by
Comultant during the contract term. Further, Consultant must also require and maintain
the statutorily required affidavit of its subeonttmctors. It is the responsibility of Consultant
to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify,
employers should visit the E -Verify website (hitps;lfwww,e-
_v_erify.coylerr►ployer.slenrollinfyin-e-verify) and follow the instructions, The Consultant
must retain the i-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "1I",
REMAINDER OF PAGE I.FFT INTENTIONALLY DRANK
Authorized City Representative's Initials: Authorized Consultant Reprasgnlativa's Initials:
IN WITNESS WHEREOF, (lie parties hereto have cxecutcd this Agreement
on the day and year of the last signature date written below.
WITNESS:
Signature
Ale,,
Prink Nain�ek.
E
KEITH & ASSOCIATES, INC.
By-,
Pau
D&I
CITY OF SUNNY ISLES BEACH
A
By.
maurki'o'detancr, City Clerk Stan Morris, City Manager
mt
Date= -�
APPROVED AS TO FARM AND
LEGAL SU tel N
By:
Edward A. Ilion, City Attorney
AUthoriz d City RepresentalivWs Initials ' ' 1 Authorized Consultant Representative% IniW416=
EXHIBIT "A"
RFQ ARID ADDENDA
Authorized City RepreSOFMCO'S Initial5� Aulholzed Consultant Represenlativa's Initials -V
SUNMY
S4, CONTINUING SERVICES AGREEMENT BETWEEN
e9 THE CITY OF SUNNY ISLES BEACH AND MILLER LEGG & ASSOCIATES,
INC.
yE Dai. FLaR O,e
O. SUN .N For
LANDSCAPE ARCHITECTURAL
CONTINUING SERVICES AGREEMENT
This Continuing Services Agreement (hereinafter referred to as the "Agreement") is made
by and .between the CITY OF SUNNY ISLES BEACH, FLORIDA, a Florida municipal
corporation, (hereinafter referred to as "City"), and MILLER LEGG & ASSOCIATES, INC.
D/B/A MILLER LEGG, a Florida corporation authorized to do business in the State of Florida
hereinafter referred to as "Consultant"), whose Federal I.D. # is 65-0563467.
WHEREAS, the City solicited proposals from qualified consultants on June 8, 2022,
pursuant to the City Request for Qualifications ("RFQ") No. 22-06-01, which RFQ, and all
addenda thereto, is attached hereto as EXHIBIT "A" incorporated within this Agreement by
reference and made a part hereof. Consultant submitted a Response to the RFQ dated June 29,
2022, which Response is attached hereto as EXHIBIT `B" incorporated within this Agreement by
reference and made a part hereof (the "Response to RFQ"). Based upon the representations of
Consultant in the Response to RFQ, which representations the City has relied upon, the City
selected the Consultant to provide said Continuing Professional Landscape Architectural Services
to the City; and
WHEREAS, the Consultant is willing and able to perform such professional services for
the City within the basic terms and conditions set forth in this Agreement, the RFQ and the
Response to RFQ; and
WHEREAS, the purpose of this Agreement is not to authorize a specific project, but to set
forth the terms and conditions which shall be incorporated into subsequent supplemental
agreements for specific projects or services when required; and
NOW THEREFORE, in consideration of the mutual terms, conditions, promises, and
covenants set forth below, the City and Consultant agree as follows:
SECTION 1 SCOPE OF SERVICES
1.1. The Consultant will provide comprehensive landscape architectural services to the City, as
specified in EXHIBIT "C," Scope of Services. The City may, but is not required to, enter
into a Project Agreement or Letter Agreement for any one or any combination of these
Services.
1.2. The Consultant hereby represents to the City, with full knowledge that the City is relying
upon these representations when entering into this Agreement with the Consultant, that the
Consultant is duly licensed by the State of Florida and has the professional expertise,
Authorized City Representative's Initials: Authorized Consultant Representative's Initials: tvlDK
1
experience and manpower to perform the services to be provided by the Consultant in a
manner consistent with the standard of care in the industry.
1.3. In accordance with the Consultant's Competitive Negotiations Act, the Consultant shall, at
the request of the City, provide professional services to the City for additional projects in
which construction costs do not exceed $4,000,000, and/or for study activities where fees
do not exceed $500,000.
SECTION 2 AUTHORIZATION OF SERVICES
2.1 When the need for services for a specific project occurs, the City may, at its sole discretion,
enter into negotiations with the Consultant for that specific project under the terms and
conditions of this Agreement. The City shall initiate said negotiations by providing the
Consultant with a Scope of Services Request (hereinafter referred to as the "Scope of
Services Request"). The Consultant shall provide a proposal that shall conform to the
requirements of Section 2.2 below.
2.2. The City and Consultant shall utilize a Project Agreement or a Letter Agreement for each
specific project. The Project Agreement, a copy of which is attached to and incorporated
into this Agreement as EXHIBIT "D" shall be utilized for all projects requiring design
services and/or Construction Administration Services exceeding $25,000. For projects
requiring design services equal to or less than $25,000 in value, a Letter Agreement shall
be utilized, a copy of which is attached to and incorporated into this Agreement as
EXHIBIT "G." Each Project Agreement or Letter Agreement will include but is not
limited to the following negotiated terms:
A The Scope of Services;
B. The deliverables (e.g. drawings, specifications, cost estimates, etc.);
C. The time and schedule of performance and term;
D. The method and amount of compensation;
E The personnel assigned to the specific project, including, but not limited to:
Consultant's project manager, other staff and subconsultants, which the City shall
have the right to reject in its sole discretion; and,
F. Any modifications to the Project Agreement or Letter Agreement form, if mutually
agreed upon by the parties or as required to comply with grants the City has
received.
2.3 The professional services to be rendered by the Consultant shall commence subsequent to
the execution of each Project Agreement or Letter Agreement. City Staff shall negotiate
and prepare Project Agreements in excess of $50,000 for approval by the City Commission.
The City Manager is authorized to negotiate and execute Letter and/or Project Agreements
for specific projects in which the Consultant's services do not exceed $50,000.
Consultant's Services shall be performed and completed as specified in the Project
Agreement or Letter Agreement.
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2.4 The City may, at its sole discretion, utilize the services of another consultant or solicit
Requests for Qualifications for professional services for any project or services outlined in
the RFQ and EXHIBIT "C" of this Agreement.
2.5 The City Manager is authorized to sign all Agreement renewals, and extensions to this
Agreement. Amendments to this Agreement shall be approved by the City Commission
and amendments to Project Agreements and Letter Agreements shall be authorized in
accordance with the dollar thresholds specified in Section 2.3.
SECTION 3 COMPENSATION AND PAYMENT
3.1 The City agrees to pay the Consultant compensation for the services provided for in this
Agreement pursuant to the fee schedules set forth in either the Project Agreement or Letter
Agreement, and EXHIBIT "F" Compensation and Method of Payment, which exhibits are
attached to and incorporated in this Agreement. It is acknowledged and agreed to by
Consultant that the dollar limitations set forth in each respective Project Agreement or
Letter Agreement is a limitation upon, and describes the maximum extent of, City's
obligation to reimburse Consultant for direct, non -salary expenses, but does not constitute
a limitation upon Consultant's obligation to incur such expenses in the performance of
services hereunder. If City requests Consultant to incur expenses not contemplated,
Consultant shall notify the City's representative in writing and obtain their approval in
writing prior to incurring such expenses. Nothing in this Agreement shall be construed to
indicate that Consultant shall be obligated to perform services or to incur expenses that
have not been authorized in writing by the City.
SECTION 4 TERM
4.1 This Agreement shall commence on the date this instrument is fully executed by all parties
and shall end three (3) years from the executed date unless and until terminated pursuant
to Section 5 of this Agreement. Each Project Agreement and Letter Agreement shall
specify the term agreed to by the City and the Consultant for services to be rendered under
said Project Agreement or Letter Agreement. The City, at its sole option, may renew this
Agreement for two (2) additional (1) one-year renewal terms.
4.2 In the event Services are scheduled to end because of the expiration of the Agreement, or
by termination by the City (at the City's discretion), the Consultant shall continue to
perform the agreed upon Service upon the request of the City Manager, solely for the
purpose and to the extent necessary to complete any unfinished tasks. Project Agreements
and Letter Agreements issued during the contract term and not completed within the
contract term shall be completed by the Consultant within the time specified in the Project
Agreement or Letter Agreement. Each Project Agreement or Letter Agreement may
provide that the Consultant is to achieve final completion within a time period determined
and agreed upon by both parties from the date appearing in the Notice to Proceed form for
the specified Project. Therefore, the Consultant agrees to begin each Project in conformity
with the provisions set forth in the Project Agreement or Letter Agreement and to perform
it with all due diligence, so as to complete the entire work and Project by the time limits
set forth in the agreed Project Schedule for the specified Project. As to such a Project
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Agreements or Letter Agreements that have deadlines, time will be of the essence unless
stated otherwise. The Consultant shall be compensated for the service at the rate in effect
when this extension clause is invoked by the City.
SECTION 5 TERMINATION
5.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience upon ten (10) calendar days' written notice to the Consultant. In the event of
such termination, any Services performed by the Consultant under this Agreement shall, at
the option of the City, become the City's property, and the Consultant shall be entitled to
receive compensation for any Services completed pursuant to this Agreement to the
satisfaction of the City up to and through the date of termination. Under no circumstances
shall City make payment for services that have not been performed. Additionally, the City
shall not make payment for the following items:
5.1.1 Anticipated profits or fees to be earned on completed portions of the work;
5.1.2 Consequential damages;
5.1.3 Costs incurred in respect to services performed in excess of reasonable quantitative
requirements of this Agreement and Project Agreement(s) or Letter Agreement(s);
5.1.4 Expenses of Consultant due to the failure of Consultant or its subconsultants to
discontinue services after notice of termination has been given to the Consultant;
5.1.5 Losses upon other contracts or from sales or exchanges of capital assets or Internal
Revenue Code Section 1231 assets; and
5.1.6 Damage or loss caused by delay.
5.2 Termination for Cause: This Agreement may be terminated by the City upon ten (10)
calendar days written notice to the Consultant should the Consultant be adjudged bankrupt,
insolvent, violates the law, or fails to substantially perform in accordance with the material
terms of this Agreement. If, through any cause within reasonable control, the Consultant
shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements
or stipulations material to this Agreement, the City shall have the right to terminate the
Services then remaining to be performed. Prior to the exercise of its option to terminate
for cause, the City shall notify the Consultant of its violation of the particular terms of the
Agreement and grant Consultant ten (10) days to cure such default. If the default remains
uncured after ten (10) days the City may terminate this Agreement, and the City shall
receive a refund from the Consultant in an amount equal to the actual cost of a third party
to cure such failure. If Consultant fails, refuses or is unable to perform any term of this
Agreement, the City shall pay for services rendered as of the date of termination.
5.2.1 In the event of termination, all finished and unfinished documents, data and other
work product prepared by the Consultant shall be delivered to the City and the City
shall compensate the Consultant for all Services satisfactorily performed prior to
the date of termination.
5.2.2 Notwithstanding the foregoing, the Consultant shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the Agreement by
Consultant and the City may reasonably withhold payment to the Consultant for the
purposes of set-off until such time as the exact amount of damages due the City
from the Consultant is determined.
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5.2.3 In the event that the Consultant is terminated by the City for cause and it is
subsequently determined by a court of competent jurisdiction that such termination
was without cause, such termination shall thereupon be deemed a termination for
convenience under Section 5.1 and the provisions of Section 5.1 shall govern.
5.3 Termination for Governmental Non -Appropriations: The City is a bona fide
governmental entity of the State of Florida with a fiscal year ending on September 30 of
each calendar year. If the City does not appropriate sufficient funds to purchase Services
required under this Agreement for any of the City's fiscal years subsequent to the one in
which the Agreement is executed and entered into, then this Agreement shall be terminated
effective upon expiration of the fiscal year in which sufficient funds to continue to the
satisfaction of the City's obligation under this Agreement were last appropriated by the
City and the City shall not in this sole event be obligated to make any further purchases
beyond said fiscal year.
SECTION 6 CITY'S RESPONSIBILITIES
6.1 The City shall assist the Consultant by placing at its disposal all reasonably available
information as may be requested in writing by the Consultant and allow reasonable access
to all pertinent information relating to the services to be performed by the Consultant.
6.2 The City shall furnish to the Consultant, at the Consultant's request, all existing studies,
reports and other reasonably available data pertinent to the services to be provided by the
Consultant.
6.3 The City shall arrange for access to and make all reasonable provisions for the Consultant
to enter upon City's public property as required for the Consultant to perform services.
6.4 In the event that Consultant believes that City is not reasonably complying with the
requirements of Sections 6.1, 6.2 and 6.3 above, Consultant shall immediately provide
written notice within three (3) days of such non-compliance to the City, absent which
Consultant shall be deemed to have waived such non-compliance by City.
SECTION 7 CONSULTANT'S RESPONSIBILITIES
7.1 The Consultant shall comply with all laws, ordinances and governmental rules, regulations,
and orders now or at any time during the term of this Agreement which as a matter of law
are applicable to or which affect the procedures of the Consultant.
7.2 The obligation of the Consultant to comply with governmental requirements is provided
for the purpose of assuring proper safeguards for the protection of persons and property.
7.3 The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the services as is ordinarily provided by a professional landscape architect
under similar circumstances. If at any time during the term of any Project Agreement, Letter
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Agreement or the construction of the specific project for which the Consultant has provided
landscape architectural services under a prior Project Agreement or Letter Agreement, it is
determined that the Consultant's documents are incorrect, defective or fail to conform to
the scope of services, due to Consultant's negligent acts or failure to act, errors or
omissions, upon written notification from the City, the Consultant shall immediately
proceed to correct the work, re -perform services which fail to satisfy the foregoing standard
of care as determined by the City, and Consultant shall compensate the City as provided in
Section 7.3.1 for all costs and expenses associated with correcting said incorrect or
defective work, including any additional testing and inspections. The City's rights and
remedies under this section are in addition to, and are cumulative of, any and all other rights
and remedies provided by this Agreement, the Project Agreement, the Letter Agreement,
by law, equity or otherwise.
7.3.1 Where Consultant's actions as described in Section 7.3 result in a Change Order to
the Contract for Construction with the Contractor, the Consultant shall compensate the City
for the cost of the Change Order work that exceeds the cost of the work had it been included
in the construction documents at the time that bids for construction were received by the
City, plus the total of the Contractor's overhead and fifty -percent (50%) of profit included
in the approved Change Order.
7.3.2 Any time added to the project schedule in a Change Order that is a result of
Consultant's actions as described in Section 7.3 cannot be claimed by the Consultant as
additional services nor compensated to the Consultant in any way.
7.4 The Consultant's obligations under Sections 7.3 and 7.3.1 shall survive termination,
cancellation, or expiration of this Agreement or any Project Agreement or Letter
Agreement.
7.5 Any and all drawings, plans, specifications, or other construction or contract documents
prepared by the Consultant shall be accurate, coordinated and adequate for construction
and shall be in conformity and comply with all applicable law, codes, and regulations.
Products, equipment, and material specified for use shall be readily available unless written
authorization to the contrary is given by the City.
SECTION 8 POLICY OF NON-DISCRIMINATION
8.1 The Consultant shall comply with all federal, state and local laws and ordinances applicable
to the work or payment for work and shall not discriminate on the grounds of race, color,
national origin, sex, gender identity, sexual orientation, age, disability/handicap, religion,
family or income status.
SECTION 9 CODE OF ETHICS
9.1 The Consultant and its employees shall be bound by the provisions of the City Code of
Ethics provided in Chapter 33 of the Code of the City of Sunny Isles Beach, Florida, as
may be amended from time to time, which standards shall by this reference be made a part
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of this Agreement as though set forth in full. The Consultant agrees to incorporate the
provisions of this Section 9.1 into any subcontract.
SECTION 10 OWNERSHIP OF DOCUMENTS/DELIVERABLES
10.1 All subcontracts for the preparation of reports, studies, plans, drawings, specifications, or
other data entered into by the Consultant for a project shall provide that all such documents
and rights obtained by virtue of such subcontracts shall become the property of the City.
10.2 All finished or unfinished documents, including, but not limited to, detailed reports,
studies, calculations, plans, drawings, surveys, maps, models, photographs, specifications,
and all other data pertaining to or prepared for the City or furnished by the Consultant
pursuant to this Agreement or any Project Agreement or Letter Agreement shall be and
shall remain at all times, throughout the Project and thereafter, the property of the City,
whether the project for which they are made is completed or not, and shall be delivered by
the Consultant to City within five (5) calendar days after receipt of written notice
requesting delivery of said documents. The Consultant shall have the right to keep one
record set of the documents upon completion of the work; however, in no event shall the
Consultant use, or permit to be used, any of the documents without the City's prior written
authorization. Any reuse of such documents by the City without the written verification or
adaptation by the Consultant for the specific purpose intended will be at the City's sole
risk.
10.3 At the conclusion of its work and before final payment, or from time to time as may be
required by the City, the Consultant shall release and deliver to the City any and all such
originals; provided, however, that the Consultant may, with the City's approval, reproduce
such originals for the purpose of the Consultant's record file of the work. The Consultant
shall not sell, copy, or reuse any drawings in total or in part for any other project, except
with the prior written permission of the City.
10.4 All final plans and documents prepared by the Consultant shall bear the endorsement and
seal of a person duly registered as a landscape architect, as appropriate, in the State of Florida.
SECTION 11 RECORDS/AUDITS
11.1 Consultant shall maintain and shall require its subconsultants to maintain complete and
correct records, books, documents, papers and accounts pertaining to work performed in
connection with this Agreement including without limitation, reasonable substantiation of
all expenses incurred based on actual costs and of all property acquired or disposed of
hereunder. Such records, books, documents, papers and accounts shall be available at all
reasonable times for examination and audit by the City or any authorized City
representative with reasonable notice and shall be kept for a period of three (3) years after
the completion of each project to be performed pursuant to this Agreement. Incomplete or
incorrect entries in such records, books, documents, papers or accounts will be grounds for
disallowance by or reimbursement to the City of any fees or expenses based upon such
entries. The Consultant shall remit promptly to the City the amount of any adjustment
resulting from audit.
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11.2 Refusal of the Consultant to comply with the provisions in this Section shall be grounds
for immediate termination for cause by the City of this Agreement or any Project
Agreement or Letter Agreement.
SECTION 12 NO CONTINGENT FEE
12.1 The Consultant warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Consultant, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for the Consultant, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement. In the event the Consultant violates this provision,
the City shall have the right to terminate this Agreement or any Project Agreement or Letter
Agreement, without liability, and at its sole discretion, to deduct from the Agreement price,
or otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
SECTION 13 INDEPENDENT CONTRACTOR
13.1 The Consultant is an independent contractor under this Agreement. Personal services
provided by the Consultant shall be by employees or subcontractors of the Consultant who
shall be subject to supervision by the Consultant, and who shall not be deemed officers,
employees, or agents of the City. Personnel policies, tax responsibilities, social security
and health insurance, employee benefits, purchasing policies and other similar
administrative procedures applicable to Services rendered under this Agreement shall be
those of the Consultant and not City.
SECTION 14 INDEMNIFICATION/HOLD HARMLESS
14.1 To the fullest extent permitted by law, the Consultant agrees to indemnify and hold -
harmless the City, 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 Consultant and other
persons employed or utilized by the Consultant in performance of this Agreement. This
indemnification shall survive the term of this Agreement.
14.2 PURSUANT TO FLORIDA STATUTES §558.0035, A DESIGN PROFESSIONAL
EMPLOYED BY CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE
FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURING WITHIN THE
SCOPE AND OF PROFESSIONAL SERVICES UNDER THIS AGREEMENT.
SECTION 15 INSURANCE
15.1 Consultant agrees to maintain, on a primary non-contributory basis and at its sole expense,
at all times during the life of this Agreement, the following insurance coverages, limits,
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including endorsements described herein. The requirements contained herein, as well as
City's review or acceptance of insurance maintained by Consultant is not intended to and
shall not in any manner limit or qualify the liabilities or obligations assumed by Consultant
under this Agreement. Any coverage maintained by the City shall apply excess of, or
contingent upon the absence of, other insurance required or maintained by Consultant.
15.1.1 Comprehensive General Liability Consultant agrees to maintain Comprehensive
General Liability at a limit of liability not less than $1,000,000 each occurrence,
2,000,000 annual aggregate. Coverage shall not contain any restrictive endorsement(s)
as filed by the Insurance Services Office, and must include:
Premises and Ongoing Completed Operations – on a primary and
noncontributory basis including waiver of subrogation on behalf of the City of
Sunny Isles Beach.
Independent Contractors
Broad Form Property Damage
Broad Form Contractual Coverage applicable to this specific Contract,
including any hold
Harmless and/or indemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits of coverage equal to those required for Bodily
Injury Liability and Property Damage Liability.
15.1.2 Worker's Compensation Insurance & Employers Liability: Consultant agrees to
maintain Worker's Compensation Insurance & Employers Liability in accordance with
Florida Statute, Chapter 440, and where applicable, the United States Longshoremen's and
Harbor Worker's Act, the Federal Employers' Liability Act and the Homes Act. Employer's
Liability Insurance shall be provided with a minimum of One Million Dollars
1,000,000.00) per accident. Consultant agrees to be responsible for the employment,
conduct and control of its employees and for any injury sustained by such employees in
the course of their employment.
15.1.3 Professional Liability: Consultant agrees to maintain Professional (Errors &
Omissions) Liability at a limit of liability not less than $1,000,000 per claim, $2,000,000
annual aggregate. The Consultant agrees the policy shall include a minimum three (3) year
Discovery (tail) reporting period, and a Retroactive Date that equals or precedes the
effective date of the Agreement. The Consultant agrees that Self -Insured Retention shall
not exceed $25,000.
15.1.4 Errors and Omissions Liability: Errors and Omissions Liability insurance with
minimum coverage limits of $1,000,000.00 each occurrence. Consultant acknowledges
that the City is relying on the competence of the Consultant to design the project to meet
its functional intent. If it is determined during construction of the project that changes must
be made due to Consultant's negligent errors and omissions, Consultant shall promptly
rectify them at no cost to City and shall be responsible for additional costs, if any, of the
project to the proportional extent caused by such negligent errors or omissions.
15.1.5 Business Automobile Liability: Consultant agrees to maintain coverage with
minimum limits of Five Million Dollars ($5,000,000.00) per occurrence combined single
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limit for Bodily Injury Liability and Property Damage Liability. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
Owned Vehicles;
Hired and Non -Owned Vehicles;
Employers' Non -City ship.
15.1.6 Umbrella Insurance: Consultant shall be required to purchase, maintain, and keep
in full force, effect, and good standing, Umbrella Liability Insurance above the primary
commercial general liability, automobile liability, and employers' liability policies required
herein. The limit shall not be less than One Million Dollars ($1,000,000.00) each
occurrence and annual aggregate per occurrence during the initial and any renewal term of
this Agreement.
15.1.7 Additional Insured: The Consultant agrees to endorse the City as an Additional
Insured on all policies set forth in this Section 15, and the City of Sunny Isles Beach,
Contract Number, and Title, must appear on each Certificate of Insurance. All Certificates
of Insurance must remain active during the term of the contract.
15.1.8 Waiver of Subrogation: Consultant agrees to provide a Waiver of Subrogation for
each required policy herein. When required by the insurer, or should a policy condition
not permit Consultant to enter into a pre -loss agreement to waive subrogation without an
endorsement, then Consultant agrees to notify the insurer and request the policy be
endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent.
This Waiver of Subrogation requirement shall not apply to any policy, which includes a
condition specifically prohibiting such an endorsement, or voids coverage should
Consultant enter into such an agreement on a pre -loss basis.
15.1.9 Certificate(s) of Insurance: Consultant agrees to provide City a Certificate of
Insurance evidencing that all coverages, limits and endorsements required herein are
maintained and in full force and effect, and Certificates of Insurance shall provide a
minimum thirty (30) day endeavor to notify City of a non -renewal or cancellation notice,
when available by Consultant's insurer via certified mail. If the Consultant receives a non-
renewal or cancellation notice from an insurance carrier affording coverage required
herein, or receives notice that coverage no longer complies with the insurance requirements
herein, Consultant agrees to notify the City by fax and email as set forth in this Section
within five (5) business days with a copy of the non -renewal or cancellation notice, or
written specifics as to which coverage is no longer in compliance
The certificate holder address shall read:
City of Sunny Isles Beach
Risk Management Division
Attn: Risk Manager
18070 Collins Avenue
Sunny Isles Beach, FL 33160
YLondono@sibfl.net
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15.1.10 Right to Revise or Reject: City reserves the right, but not the obligation, to
revise any insurance requirement, not limited to limits, coverages and endorsements, or to
reject any insurance policies that fail to meet the criteria stated herein. Additionally, City
reserves the right, but not the obligation, to review and reject any insurer providing
coverage due of its poor financial condition or failure to operating legally.
SECTION 16 REPRESENTATIVE OF CITY AND CONSULTANT
16.1 City Representative. It is recognized that questions in the day-to-day conduct of this
Agreement will arise. The City designates the City Manager as the person to whom all
communications pertaining to the day-to-day conduct of this Agreement shall be addressed.
16.2 Consultant Representative. Consultant appoints Brian Shore, RLA as the Consultant's
Representative to whom all communications pertaining to the day-to-day action of this
Agreement shall be addressed.
SECTION 17 ALL PRIOR AGREEMENTS SUPERSEDED
17.1 This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained in this
Agreement and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in
this document. Accordingly, it is agreed that no deviation from the terms of this Agreement
shall be predicated upon any prior representations or agreements whether oral or written.
SECTION 18 SUBCONSULTANTS
18.1 In the event the Consultant requires the services of any subconsultant or subcontractor" in
connection with services covered by this Agreement, any Project Agreement or any Letter
Agreement, the Consultant must secure the prior written approval of the City Manager.
18.2 Any subcontract with a subcontractor or subconsultant shall afford to the Consultant rights
against the subcontractor or subconsultant which correspond to those rights afforded to the
City against the Consultant herein, including but not limited to those rights of termination
as set forth herein.
18.3 No reimbursement shall be made to the Consultant for any subconsultants that have
not been previously approved in writing by the City for use by the Consultant.
SECTION 19 NOTICES
19.1 Whenever either party desires to, or is required to give notice to the other, it must be given
by written notice, sent by certified United States mail with return receipt requested or other
commercial overnight delivery services, addressed to the party for whom it is intended, at
the place last specified, and the place for giving notice in compliance with the provisions
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of this Section. For the present, the parties designate the following as the respective places
for giving of notice, to wit:
If to the City: Stan Morris With a copy to:
City Manager Edward Dion, Esq.
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles
Fourth Floor Beach
Sunny Isles Beach, Florida 18070 Collins Avenue
33160 Fourth Floor
Tel: (305) 792-1776 Sunny Isles Beach,
Florida 33160
Tel: 305 792-1766
If to the Michael D. Kroll, President
Consultant: Miller Legg
1845 NW 111 Avenue, Suite
211
Miami, FL 33172
mkroll@millerlegg.com
305 599-2797
SECTION 20 TRUTH -IN NEGOTIATION CERTIFICATE
20.1 Signature of this Agreement by Consultant shall act as the execution of a truth -in -
negotiation certificate stating that wage rates and other costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of the
date of the Agreement and no higher than those charged to the Consultant's most favored
customer for the same or substantially similar services. The said rates and costs shall be
adjusted to exclude any significant sums should the City determine that the rates and costs
were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate
presentation of fees paid to outside contractors. The City shall exercise its rights under this
clause within three (3) years following final payment.
SECTION 21 GOVERNING LAW/JURISDICTION/VENUE
21.1 This Agreement shall be governed by the laws of the State of Florida. Except as set forth
in Sections 14, 5.2, and 30, should the parties be involved in legal action arising under, or
connected to, this Agreement, each party will be responsible for their own attorneys' fees
and costs. The venue for any litigation between the parties will be Miami -Dade County,
Florida. Both parties hereby agree to waive a jury trial in any action between them, and
will proceed to a trial by judge if necessary.
SECTION 22 HEADINGS
22.1 Headings are for convenience of reference only and shall not be considered in any
interpretation of this Agreement.
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SECTION 23 EXHIBITS
23.1 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The
Exhibits, if not physically attached, should be treated as part of this Agreement, and are
incorporated by reference.
SECTION 24 COUNTERPARTS
24.1 This Agreement may be executed in several counterparts, each of which shall be deemed
an original and such counterparts shall constitute one and the same instrument.
SECTION 25 WORDS AND PHRASES
25.1 Where the words "required," "approved," "approval," "satisfactory," "determined,"
acceptable," or words of like import are used in this Agreement, action by the City is
indicated unless the context clearly indicates otherwise, and all work shall be in accordance
therewith. Such action, or failure to act, shall not relieve the Consultant of its contractual
responsibilities for performance of this Agreement. Wherever it is provided in the
Agreement that the Consultant shall perform certain work "at its own expense," or "without
charge," or that certain work will not be paid for separately, such words mean that the
Consultant shall not be entitled to any additional compensation from the City for such
work.
SECTION 26 NOTICE OF COMMENCEMENT/NOTICE TO PROCEED
26.1 Consultant shall not commence work until: 1) all insurance to be furnished hereunder has
been approved by the City; and 2) Consultant has received a City Purchase Order and
written Notice to Proceed or Notice of Commencement from the City Manager for
provision of services under a Project Agreement or Letter Agreement. The City shall not
be responsible to pay for or reimburse the Consultant for any work that does not comply
with this Section.
SECTION 27 TIME IS OF THE ESSENCE
27.1 All limitations of time set forth in this Agreement or any resulting Project Agreement or
Letter Agreement are of the essence.
SECTION 28 CLAIMS BY CONSULTANT
28.1 All claims by the Consultant, all questions concerning interpretation or clarification of this
Agreement or the acceptable fulfillment of this Agreement on the part of the Consultant,
and all questions as to compensation and to extension of time shall be submitted in writing
to the City's Representative. The Consultant shall be solely responsible for requesting
instructions or interpretations and shall be solely liable for any costs and expenses arising
from its failure to do so. All determinations, instructions, and clarifications of the City
shall be final unless the Consultant files a written protest with the City Manager within
fourteen (14) calendar days after the City's representative notifies the Consultant of any
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such determination, instruction, or clarification, which written protest shall state clearly
and in detail the basis of the protest. The City Manager's decision shall be final.
28.2 The City Manager will issue a decision upon such protest. At all times during the protest
period, the Consultant shall proceed with the work in accordance with determinations,
instructions, and clarifications of the City's representative. The Consultant's failure to
protest the City's Representative's determinations, instructions, clarifications, or the City
Manager's decision within fourteen (14) calendar days after receipt thereof shall constitute
a waiver by the Consultant of all its rights to further protest, judicial or otherwise.
28.3 It is specifically agreed that any and all claims by a party against another party arising out
of this Agreement or the performance of the work thereunder or relating thereto, or
otherwise (including but not limited to claims for extra work) except as specifically set
forth in Subsections 28.1 and 28.2 above, shall be waived unless presented in writing to
the other party within the time limit specified in this Agreement but in no event in excess
of thirty (30) calendar days after occurrence of the event or circumstances giving rise to
such claim.
28.4 The Consultant shall also submit such information, costs and data in such detail and
specificity as may be reasonably required by the City to justify and substantiate such
claims. The Consultant shall certify that all such information, costs and data are accurate,
complete, and true, to the best of its knowledge. It is agreed that under no circumstances
shall the Consultant be compensated or reimbursed for expenses incurred in claim
preparation, presentation, or prosecution unless directed in writing by the City.
SECTION 29 CONSULTANT'S STANDARD OF CARE
29.1 Consultant represents that Consultant's services shall be performed with that degree of skill
and judgment which is normally exercised by recognized professional landscape
architectural firms performing services of a similar nature, and that the services shall be
performed and shall conform to generally accepted landscape architectural firms'
standards and practices. Consultant will re -perform any services not meeting this
standard without additional compensation and shall pay all costs and expenses
associated with correcting said services or work including any additional testing,
inspections, corrections, or construction.
SECTION 30 PATENT INDEMNITY
30.1 Subject to the limitations set forth in this Agreement, the Consultant shall indemnify, save
harmless and defend the City and the City Commissioners, City officers, and City agents
and employees (collectively "City Indemnified Party") from and against any and all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees
incident to any infringement of any patent or patents related in any manner to the subject
matter of the Agreement documents prepared by the Consultant; provided, however, that
any City Indemnified Party may, at its option, be represented in any such suits, actions or
legal proceedings by attorneys selected by City Indemnified Party at Consultant's expense.
In case the Construction Documents or any part thereof is held in such suit to constitute
infringement of any patent or patents and its use enjoined, the Consultant shall, at its own
Authorized City Representative's Initials: Authorized Consultant Representative's Initials:MDK
14
expense, subject to the limitation of the Consultant liability prescribed in this Agreement,
either procure for the City the right to continue using said Construction Documents or
replace same with non -infringing Construction Documents.
SECTION 31 FORCE MAJEURE
31.1 Neither party shall be considered in default in the performance of its obligations hereunder
to the extent that the performance of any such obligation is delayed, hindered or prevented
by any cause which is beyond the reasonable control of the party affected thereby
hereinafter called "Force Majeure"). Force Majeure includes but is not limited to any of
the following if reasonably beyond the control of the parry claiming Force Majeure: war
declared or undeclared), fire, riot, storm, hurricane, floods, earth quake, tornado, act of
terrorism or sabotage or any law, proclamation order, regulation, or ordinance of any
government agency or any court, or any other cause similar to those enumerated above,
which is not reasonably within the control of the party claiming Force Majeure.
31.2 The party affected by any Force Majeure shall give prompt written notice to the other party
advising of the nature and extent of any Force Majeure and advising of the effects of the
Force Majeure upon the completion and cost of the work hereunder. The parties shall
consult promptly with each other concerning the Force Majeure and shall endeavor to agree
upon mutually acceptable corrective action. In the event of a Force Majeure which
prohibits performance by the Consultant for more than sixty (60) days, either parry may
terminate this Agreement for convenience as provided for in Section 5.1.
SECTION 32 SUSPENSION
32.1 The City may, at its sole option, decide to suspend at any time the performance of all or
any portion of work to be performed under this Agreement. The Consultant will be notified
of such decision by the City in writing. The order shall be specifically identified as a stop
work order under this Section. Upon receipt of the order, the Consultant shall immediately
comply with its terms and take all reasonable steps to minimize the incurrence of costs
allocable to the work covered by the order during the period of suspension.
32.2 Upon receipt of any such notice, the Consultant shall, unless the notice requires otherwise,
do the following:
A. Immediately discontinue work on the date and to the extent specified in the notice;
B. Place no further orders, contracts or subcontracts for material, services, or facilities
with respect to suspended work other than to the extent required in the notice;
C. Promptly make every reasonable effort to obtain suspension upon terms satisfactory
to the City, of all orders, subcontracts, and rental agreements to the extent they
relate to performance of work suspended; and
D. Continue to protect and maintain the services including those portions on which
services have been suspended.
Authorized City Representative's Initials:4 Authorized Consultant Representative's Initials: MD
15
32.3 As full compensation for such suspension, the Consultant shall be reimbursed for the
following costs, reasonably incurred, without duplication of any item, to the extent that
such costs directly result from such suspension of work:
A. An equitable amount to reimburse the Consultant for the cost of maintaining and
protecting that portion of the services which have been suspended; and
B. If, as a result of any such suspension of services, the cost to the Consultant of
subsequently performing services is increased or decreased, an equitable
adjustment will be made in the cost of performing the remaining portion of services.
SECTION 33 RECORD DRAWINGS AND SPECIFICATIONS
33.1 During construction, the Consultant shall maintain for the City a record of deviations on
the basis of information compiled and furnished, in part, by others, from the work as shown
in the drawings and specifications and as actually installed. Before final payment by the
City, the Consultant shall revise any drawings and specifications affected by such deviation
so that all such documents shall show the work actually installed. A digital drawing or
approved equal of the final certified record drawings shall be submitted to the City.
33.2 A review of the markup record drawings at the construction site will be conducted at the
progress meeting.
SECTION 34 ORDER OF PRECEDENCE
34.1 In the event of an inconsistency between provisions of this Agreement, the inconsistency
shall be resolved in the following order:
A. Project Agreement or Letter Agreement
B. Continuing Services Agreement
C. RFQ, including all addenda
D. Response to RFQ
SECTION 35 SUCCESSORS AND ASSIGNS
35.1 The City and Consultant bind themselves, their successors, assigns, and legal
representatives to the other party hereto and to successors, assigns and legal representatives
of such other party in respect to covenants, agreements, and obligations contained in this
Agreement. The Consultant shall not assign this Agreement without prior written consent
of the City.
SECTION 36 CONSULTANT'S PERSONNEL
36.1 The presence or duties of the Consultant's personnel at a work site, whether as onsite
representatives or otherwise, do not make the Consultant or the Consultant's personnel in
any way responsible for those duties that belong to the City and/or the construction
contractors or other entities, and do not relieve the construction contractors or any other
entity of their obligations, duties, and responsibilities, including, but not limited to, all
Authorized City Representative's Initials: Authorized Consultant Representative's Initials:N?DK
16
construction methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the
construction Contract Documents and any health and safety precautions required by such
construction work. The Consultant and the Consultant's personnel shall report to the City
any health or safety deficiencies of the construction contractor(s) or other entity or any
other person at the construction site that Consultant's personnel actually observe.
36.2 The Consultant's personnel is not authorized to direct the City's contractor's to take any
actions that deviate from the approved plans or scope of work without first obtaining
written approval from the City.
SECTION 37 SEVERABILITY
37.1 If any provision of this Agreement or the application thereof to any person or situation
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and
the application of such provisions to persons or situations other than those as to which it
shall have been held invalid or unenforceable, shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
SECTION 38 ENTIRETY OF AGREEMENT
38.1. The City and the Consultant agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Agreement may be
added to, modified, superseded or otherwise altered, except by written instrument executed
by the parties hereto with the same formality as this Agreement.
SECTION 39 THIRD PARTY BENEFICIARIES
39.1 It is expressly understood and agreed that the enforcement of these terms and conditions
shall be reserved to City and Consultant and that there are no third party beneficiaries under
this Agreement.
SECTION 40 PUBLIC RECORDS
40.1 The CONSULTANT shall comply with all applicable requirements contained in the
Florida Public Records Law (Chapter 119, Florida Statutes), including but not limited to
any applicable provisions in Section 119.0701, Florida Statutes. To the extent that the
CONSULTANT and this Agreement are subject to the requirements in Section 119.0701,
Florida Statutes, the CONSULTANT shall: (a) keep and maintain public records required
by the CITY to perform the services provided hereunder; (b) upon request from the CITY'S
custodian of public records, provide the CITY with a copy of the requested records or allow
public records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;
c) ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law for the
duration of the term of this Agreement and following completion of this Agreement if the
CONSULTANT does not transfer the records to the CITY; and (d) upon completion of the
Authorized City Representative's Initials: Authorized Consultant Representative's Initials:MDK
17
Agreement, transfer, at no cost, to the CITY all public records in the possession of the
CONSULTANT or keep and maintain public records required by the CITY to perform the
service. If the CONSULTANT transfers all public records to the CITY upon completion
of the Agreement, the CONSULTANT shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
CONSULTANT keeps and maintains public records upon completion of the Agreement,
the CONSULTANT shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the CITY, upon request from the CITY'S
custodian of public records, in a format that is compatible with the information technology
systems of the CITY. If the CONSULTANT fails to comply with the requirements in this
Section 40, the CITY may enforce these provisions in accordance with the terms of this
Agreement. If the CONSULTANT fails to provide the public records to the CITY within
a reasonable time, it may be subject to penalties under Section 119. 10, Florida Statutes.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE
CONSULTANT SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS: THE CITY CLERK, MAURICIO BETANCUR, BY TELEPHONE
305/792-1703), E-MAIL (MBETANCUR@SIBFL.NET), OR MAIL (CITY OF
SUNNY ISLES BEACH, OFFICE OF THE CITY CLERK, 18070 COLLINS
AVENUE, SUNNY ISLES BEACH, FLORIDA 33160).
SECTION 41 DISCRMINATORY VENDOR LIST
41.1 Pursuant to Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the discriminatory vendor list 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. By execution of this Agreement, CONSULTANT
certifies that it has not been placed on the discriminatory vendor list as provided in
Section 287.134, Florida Statutes.
SECTION 42 PUBLIC ENTITY CRIMES
42.1 Pursuant to Section 287.133, Florida Statutes, 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
Authorized City Representative's Initials: Authorized Consultant Representative's Initials: v? DK
18
following the date of being placed on the convicted vendor list. By execution of this
Agreement, Consultant certifies that it has not been placed on the convicted vendor list
as provided in Section 287.133, Florida Statutes.
SECTION 43 SCRUTINIZED COMPANY
43.1 Pursuant to Section 287.135, Florida Statutes, Consultant certifies that it is not on the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,
Florida Statutes and that it is not engaged in a boycott of Israel.
43.2 Pursuant to Section 287.135, in the event the Agreement is for one million dollars or
more, Consultant certifies that it is not on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List created pursuant to Section 215.473, Florida Statutes; and Consultant further
certifies that it is not engaged in business operations in Cuba or Syria.
43.3 Pursuant to Section 287.135, Florida Statutes, City may, at the option of the City
Commission, terminate this Agreement if Consultant is found to have submitted a false
certification as provided under subsection 287.135(5), Florida Statutes; has been placed
on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel;
has been placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or has
been engaged in business operations in Cuba or Syria.
SECTION 44 E -VERIFY.
44.1 Florida Statute 448.095 directs all public employers, including municipal governments,
to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E -Verify System, and further provides that a public
employer may not enter into a contract unless each party to the contract registers with
and uses the E -Verify system. Florida Statute 448.095 further provides that if a
Consultant enters into a contract with a subcontractor, the subcontractor must provide the
Consultant with an affidavit stating that the subcontractor does not employ, contract with,
or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, Consultant is required to verify employee
eligibility using the E -Verify system for all existing and new employees hired by
Consultant during the contract term. Further, Consultant must also require and maintain
the statutorily required affidavit of its subcontractors. It is the responsibility of Consultant
to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify,
employers should visit the E -Verify website (https://www.e-
verify ogv/employers/enrolling-in-e-verify) and follow the instructions. The Consultant
must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "H".
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
Authorized City Representative's Initials Authorized Consultant Representative's Initials:Mdl`
19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year of the last signature date written below.
WITNESS:
Rq,A-a -Rei,adAZ,,,
Signature
Marina Hannwacker
Print Name
Authorized City Representative's Initials: N1
MILLER LEGG & A$S9-CIATES, INC.
By: VV V Y—, -14"C
Michael D. Kroll, as its
Date: September 26, 2022
CITY OF SUNNY ISLES BEACH
By. (&ntl,
Stan Morris, City Manager
Date: C-1[ -2- Z -
APPROVED AS TO FORM AND
LEGAL SUFFIC N
By:
Edward A. Dion, City Attorney
Authorized Consultant Representative's Initials M DK
20
CITY OF SUNNY ISLES - 2025 RATE SCHEDULE
Professional Services Hourly Rate
Project Administrator/Technician $100
Specialist $110
Senior Specialist I $135
Senior Specialist II $150
Senior Specialist III $165
Designer I
Designer II
$110
$125
Senior Designer $160
Engineer I $150
Engineer II $165
Engineer III $200
Senior Engineer $260
Biologist/Scientist I $115
Biologist/Scientist II $140
Senior Biologist/Scientist I $175
Senior Biologist/Scientist II $200
Landscape Architect I / Planner I $140
Landscape Architect II / Planner II $170
Senior Landscape Architect/Senior Planner I $200
Senior Landscape Architect/Senior Planner II $260
Surveyor $170
Senior Surveyor $250
2-Person Survey Crew $200
3-Person Survey Crew $290
4-Person Survey Crew $350
Principal $325
Senior Principal
Expert Witness
$400
$500
3-D Scanner
Rate
Point Cloud (Recap or LAS file)
$4,000/day
Sub Surface Utility Engineering
Rate
Designation (Utility Location) $2,000/Day (Field only)
Test Holes (Maximum of 5 holes) $4,000/Day
In-house Reimbursable Expenses Rate
Mileage (per mile) $0.85
Color Copies (<8 1/2" X 11") (per copy) $1.00
Color Copies (<11" X 17") (per copy) $2.00
Blackline Prints (<24" X 36") (per sheet) $2.50
Mylars (<24" X 36") (per sheet) $30.00
Vellums (<24" X 36") (per sheet) $6.50
Official Record Docs (per page) $1.00
NOTE: These rates are subject to change after January 1, 2026.
V:\Projects\2023\23-00011 - SIB Landscape Arch Review Svcs\_Documents\Contracts\SIB - 2025 RATE SCHEDULE.docx
PREPARED 10-03-2025
2025 - Bermello Ajamil & Partners Inc. Billing Rates
CATEGORY BILLING RATE
Principal $392.00
Project Manager $275.00
Sr. Landscape Architect $225.00
Sr. Planner $225.00
Landscape Architect $175.00
Senior Planner $250.00
Landscape Designer $150.00
Sr. Cad Technician $150.00
Clerical $120.00
Rates effective to October 1, 2025
Planner $170.00
Senior Project Manager $307.00
a -,rID* r
sw1.a
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Susan Simpson, Deputy City Manager
DATE: October 20, 2022
RE: Qualify, Short List, and Approve Continuing Services Agreement witl
Landscape Architectural Firms in Response to RFQ No. 22-06-01
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City issued Request for Qualifications (RFQ) Number 22-06-01 for Landscape Architect Services.
total of six responses were received. Of those six, one withdrew and one was not shortlisted. The
remaining four were invited to present an oral presentation to the Sunshine Evaluation Committee.
As a result of the Committee's work, we recommend to pre -qualify and enter into a continuing
services contract with Bermello Ajamil & Partners, Inc., Calvin Giordano & Associates, Inc., Keith an(
Associates Inc., and Miller Legg & Associates, Inc. to be used on an as -needed basis.
ADDITIONAL INFORMATION:
This agreement is for ongoing landscape architect services which may include, but is not limited to the
following: landscape design for small projects such as a park or right-of-way replanting, plan and
permit review for landscaping, landscape services inspections and reports, technical assistance with
bid and contract management, and design and oversight of landscape projects.
FUNDING SOURCE:
Funds for this contract are approved in various accounts within the approved operating budgets in the
following accounts: Planning and Zoning, Parks, Facilities, and Streets.
ATTACHMENTS:
Resolution
Agreement - Bermello Ajamil
Agreement - Calvin Giordano
Item Number: 10.M
Agreement - KEITH
Agreement - Miller Legg
Item Number: 10.M
1 v
Marline PierreSaint
From:
Genesis Cuevas
Sent:
Wednesday, October 8, 2025 12:48 PM
To:
Marline PierreSaint
Subject:
Fw: Sunny Isles Beach Contract / CGA - RFQ 22-06-01 for LA Services - red line
Get Outlook for Android
From: Susan Simpson <SSimpson@sibfl.net>
Sent: Tuesday, January 31, 2023 5:44:33 PM
To: Genesis Cuevas <gcuevas@sibfl.net>
Subject: RE: Sunny Isles Beach Contract / CGA - RFQ 22-06-01 for LA Services - red line
Just curious — do we really NEED them?
Thank you.
Susan Simpson
Deputy City Manager
Direct: 305.792.1800
Main: 305.792.1701
Fax: 305.792.1636
ssimpsonna.sibfl.net
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, FL 33160
www.sibfl.net
C%11 Op
\S L Es
The Nr'ght q ging
Follow Us: @CityofSlB
@1
From: Genesis Cuevas <gcuevas@sibfl.net>
Sent: Tuesday, January 31, 2023 4:09 PM
To: Jeannie Walsh -Fabian <JFabian@safebuilt.com>; Valerie Vicente <vvicente@ngnlaw.com>
Cc: Marline PierreSaint <mpierresaint@sibfl.net>; Amy Canales <acanales@sibfl.net>; Anastasia Nefodova
1
<anefodova@sibfl.net>; Susan Simpson <SSimpson@sibfl.net>
Subject: RE: Sunny Isles Beach Contract / CGA - RFQ 22-06-01 for LA Services - red line
Valerie,
Based on the email below, can you please let me know when you have a chance to speak with CGA in reference to the
tracked changes?
Best Regards,
Genesis Cuevas, MPA, CPPB, NIGP-CPP
Purchasing Manager
Finance Department
Direct: 305.792.1953
Main: 305.792.1707
gcuevas(a-),sibfl.net
Government Center
18070 Collins Avenue
Sunny Isles Beach, FL 33160
www.sibfl.net
C11r of
A \S L 3
fiY
TAI fad
The Hoight Cf [ir»g
Follow Us: @CityofSIB
0V@0 0
From: Jeannie Walsh -Fabian <JFabian@safebuilt.com>
Sent: Tuesday, January 24, 2023 10:50 AM
To: Genesis Cuevas <gcuevas@sibfl.net>
Cc: Marline PierreSaint <mpierresaint@sibfl.net>; Amy Canales <acanales@sibfl.net>; Anastasia Nefodova
<anefodova@sibfl.net>
Subject: RE: Sunny Isles Beach Contract / CGA - RFQ 22-06-01 for LA Services - red line
ATTENTION: This message originated from outside your organization. If the email contains any links or attachments which
are forwarding you to any login pages or it is asking for your organization credentials, DO NOT ENTER any information and
immediately contact your IT Department.
Good morning, Genesis,
A few comments made to the changes proposed from 1.9.23 redline. I would like to offer a quick call between Gary and
Valerie if that would help to clarify any questions and expedite to the final approved copy of the contract for signature.
Please let me know if that would be desired by the City and I will assist with coordinating.
Thank you!
Jeannie Walsh -Fabian
Account Manager
C: 786-481-8366
From: Genesis Cuevas <gcuevas@sibfl.net>
Sent: Monday, January 9, 2023 11:19 AM
To: Jeannie Walsh -Fabian <JFabian safebuilt.com>
Cc: Marline PierreSaint <mpierresaint@sibfl.net>; Amy Canales <acanales@sibfl.net>; Anastasia Nefodova
<anefodova @si bfl. net>
Subject: RE: Sunny Isles Beach Contract / CGA - RFQ 22-06-01 for LA Services - red line
Good afternoon Jeannie,
My apologies for the delay in getting back to you. Management and Legal have finalized their review and
recommendations. Their updates are tracked attached. Please review and advise if you have any questions or objections
with the tracked changes. If not, we will finalize the document in PDF and route for signatures.
Best Regards,
Genesis Cuevas, MPA, CPPB, NIGP-CPP
Purchasing Manager
Finance Department
Direct: 305.792.1953
Main: 305.792.1707
gcuevas(c)_sibfl.net
Government Center
18070 Collins Avenue
Sunny Isles Beach, FL 33160
www.sibfl.net
CITY Oir
Y
`SLES
Thr Ncryht of (iv�ny
Follow Us: @CityofSIB
no
From: Jeannie Walsh -Fabian <JFabian@safebuilt.com>
Sent: Thursday, January 05, 2023 2:50 PM
To: Genesis Cuevas <gcuevas@sibfl.net>
Subject: RE: Sunny Isles Beach Contract / CGA - RFQ 22-06-01 for LA Services - red line
ATTENTION: This message originated from outside your organization. If the email contains any links or attachments which
are forwarding you to any login pages or it is asking for your organization credentials, DO NOT ENTER any information and
immediately contact your IT Department.
Good afternoon Genesis,
3
I hope this New Year is off to a great start for you! We have one thing we'd like to discuss for the above-mentioned
contract language and I'm not sure if that should go through you or Tiffany Marlene? Tiffany sent the contract for
signature via Adobe.
Please advise at your earliest convenience.
Thank you!
Jeannie Walsh -Fabian
Account Manager
C: 786-481-8366
From: Genesis Cuevas <gcuevas@sibfl.net>
Sent: Tuesday, November 15, 2022 3:23 PM
To: Jeannie Walsh -Fabian <JFabian@safebuilt.com>
Subject: RE: Sunny Isles Beach Contract / CGA - RFQ 22-06-01 for LA Services - red line
Good afternoon Jeannie,
The attachment has been received and will be forwarded to the City Attorney's office for their review.
Thank you,
Best Regards,
Genesis Cuevas, MPA, CPPB, NIGP-CPP
Purchasing Manager
Finance Department
Direct: 305.792.1953
Main: 305.792.1707
acuevasna sibfl.net
Government Center
18070 Collins Avenue
Sunny Isles Beach, FL 33160
www.sibfl.net
C
Follow Us: @Cit ofSIB
0 E 0
From: Jeannie Walsh -Fabian <JFabian@safebuilt.com>
Sent: Tuesday, November 08, 2022 2:51 PM
To: Genesis Cuevas <gcuevas@sibfl.net>
Subject: Sunny Isles Beach Contract / CGA - RFQ 22-06-01 for LA Services - red line
4
ATTENTION: This message originated from outside your organization. If the email contains any links or attachments which
are forwarding you to any login pages or it is asking for your organization credentials, DO NOT ENTER any information and
immediately contact your IT Department.
Good afternoon Genesis,
hope this email finds you well. Tiffany Marlene sent the contract to us for signature through Adobe and I don't have
her email address to return. Since we were initially in conversations with you I thought maybe I could send this red line
to you for review or forwarding. If I should forward elsewhere, please let me know and I will immediately.
Otherwise, red line is attached for the above mentioned RFQ. If any of the items requested are questionable, please let
me know so we can explore further to come to an agreement quickly.
One of the changes made is to the main contact. Tammy Cook has moved out of Florida, although still with our
firm. The main contact moving forward with be Michael Conner.
Thank you in advance for your assistance. And of course, if there are any questions or concerns I am available on my cell
or email anytime. We are eager to finalize this contract with the City.
Thank you kindly,
Jeannie W Fabian
Account Manager
Calvin, Giordano & Associates, Inc. a SAFEbuilt Company
1800 Eller Drive I Suite 600 1 Fort Lauderdale, FL 33316
cell: 786-481-8366
Fort Lauderdale / Miami -Dade / West Palm Beach / Clearwater/Tampa / Estero I Port St. Lucie
0
PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM
CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE.
PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM
CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE.
PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM
CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE.
PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM
CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE.
PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM
CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE.
PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM
CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE.
PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM
CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE.
PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM
CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE.
pgNNY �,q<Bf CONTINUING SERVICES AGREEMENT BETWEEN
fn
r THE CITY OF SUNNY ISLES BEACH AND CALVIN GIORDANO &
' - ASSOCIATES, INC.
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LANDSCAPE ARCHITECTURAL
CONTINUING SERVICES AGREEMENT
This Continuing Services Agreement (hereinafter referred to as the "Agreement") is made
by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a Florida municipal
corporation, (hereinafter referred to as "City"), and CALVIN GIORDANO & ASSOCIATES,
INC., a Florida corporation authorized to do business in the State of Florida (hereinafter referred
to as "Consultant"), whose Federal I.D. # is 65-0013869.
WHEREAS, the City solicited proposals from qualified consultants on June 8, 2022,
pursuant to the City Request for Qualifications ("RFQ") No. 22-06-01, which RFQ, and all
addenda thereto, is attached hereto as EXHIBIT "A" incorporated within this Agreement by
reference and made a part hereof. Consultant submitted a Response to the RFQ dated June 29,
2022, which Response is attached hereto as EXHIBIT `B" incorporated within this Agreement by
reference and made a part hereof (the "Response to RFQ"). Based upon the representations of
Consultant in the Response to RFQ, which representations the City has relied upon, the City
selected the Consultant to provide said Continuing Professional Landscape Architectural Services
to the City; and
WHEREAS, the Consultant is willing and able to perform such professional services for
the City within the basic terms and conditions set forth in this Agreement, the RFQ and the
Response to RFQ; and
WHEREAS, the purpose of this Agreement is not to authorize a specific project, but to set
forth the terms and conditions which shall be incorporated into subsequent supplemental
agreements for specific projects or services when required; and
NOW THEREFORE, in consideration of the mutual terms, conditions, promises, and
covenants set forth below, the City and Consultant agree as follows:
SECTION 1 SCOPE OF SERVICES
1.1. The Consultant will provide comprehensive landscape architectural services to the City, as
specified in EXHIBIT "C," Scope of Services. The City may, but is not required to, enter
into a Project Agreement or Letter Agreement for any one or any combination of these
Services.
L2. The Consultant hereby represents to the City, with full knowledge that the City is relying
upon these representations when entering into this Agreement with the Consultant, that the (
Consultant is duly licensed by the State of Florida and has the professional expertise,`�J
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experience and manpower to perform the services to be provided by the Consultant in a
manner consistent with the standard of care in the industry.
1.3. In accordance with the Consultant's Competitive Negotiations Act, the Consultant shall, at
the request of the City, provide professional services to the City for additional projects in
which construction costs do not exceed $4,000,000, and/or for study activities where fees
do not exceed $500,000.
SECTION 2 AUTHORIZATION OF SERVICES
2.1 When the need for services for a specific project occurs, the City may, at its sole discretion,
enter into negotiations with the Consultant for that specific project under the terms and
conditions of this Agreement. The City shall initiate said negotiations by providing the
Consultant with a Scope of Services Request (hereinafter referred to as the "Scope of
Services Request"). The Consultant shall provide a proposal that shall conform to the
requirements of Section 2.2 below.
2.2. The City and Consultant shall utilize a Project Agreement or a Letter Agreement for each
specific project. The Project Agreement, a copy of which is attached to and incorporated
into this Agreement as EXHIBIT "D" shall be utilized for all projects requiring design
services and/or Construction Administration Services exceeding $25,000. For projects
requiring design services equal to or less than $25,000 in value, a Letter Agreement shall
be utilized, a copy of which is attached to and incorporated into this Agreement as
EXHIBIT "G." Each Project Agreement or Letter Agreement will include but is not
limited to the following negotiated terms:
A The Scope of Services;
B. The deliverables (e.g. drawings, specifications, cost estimates, etc.);
C. The time and schedule of performance and term;
D. The method and amount of compensation;
E The personnel assigned to the specific project, including, but not limited to:
Consultant's project manager, other staff and subconsultants, which the City shall
have the right to reject in its sole discretion; and,
F. Any modifications to the Project Agreement or Letter Agreement form, if mutually
agreed upon by the parties or, as required to comply with grants the City has
received.
2.3 The professional services to be rendered by the Consultant shall commence subsequent to
the execution of each Project Agreement or Letter Agreement. City Staff shall negotiate
and prepare Project Agreements in excess of $50,000 for approval by the City Commission.
The City Manager is authorized to negotiate and execute Letter and/or Project Agreements
for specific projects in which the Consultant's services do not exceed $50,000.
Consultant's Services shall be performed and completed as specified in the Project
Agreement or Letter Agreement.
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2.4 The City may, at its sole discretion, utilize the services of another consultant or solicit
Requests for Qualifications for professional services for any project or services outlined in
the RFQ and EXHIBIT "C" of this Agreement.
2.5 The City Manager is authorized to sign all Agreement renewals, and extensions to this
Agreement. Amendments to this Agreement shall be approved by the City Commission
and amendments to Project Agreements and Letter Agreements shall be authorized in
accordance with the dollar thresholds specified in Section 2.3.
SECTION 3 COMPENSATION AND PAYMENT
3.1 The City agrees to pay the Consultant compensation for the services provided for in this
Agreement pursuant to the fee schedules set forth in either the Project Agreement or Letter
Agreement, and EXHIBIT "F" Compensation and Method of Payment, which exhibits are
attached to and incorporated in this Agreement. It is acknowledged and agreed to by
Consultant that the dollar limitations set forth in each respective Project Agreement or
Letter Agreement is a limitation upon, and describes the maximum extent of, City's
obligation to reimburse Consultant for direct, non -salary expenses, but does not constitute
a limitation upon Consultant's obligation to incur such expenses in the performance of
services hereunder. If City requests Consultant to incur expenses not contemplated,
Consultant shall notify the City's representative in writing and obtain their approval in
writing prior to incurring such expenses. Nothing in this Agreement shall be construed to
indicate that Consultant shall be obligated to perform services or to incur expenses that
have not been authorized in writing by the City.
SECTION 4 TERM
4.1 This Agreement shall commence on the date this instrument is fully executed by all parties
and shall end three (3) years from the executed date unless and until terminated pursuant
to Section 5 of this Agreement. Each Project Agreement and Letter Agreement shall
specify the term agreed to by the City and the Consultant for services to be rendered under
said Project Agreement or Letter Agreement. The City, at its sole option, may renew this
Agreement for two (2) additional (1) one-year renewal terms.
4.2 In the event Services are scheduled to end because of the expiration of the Agreement, or
by termination by the City (at the City's discretion), the Consultant shall continue to
perform the agreed upon Service upon the request of the City Manager, solely for the
purpose and to the extent necessary to complete any unfinished tasks. Project Agreements
and Letter Agreements issued during the contract term and not completed within the
contract term shall be completed by the Consultant within the time specified in the Project
Agreement or Letter Agreement. Each Project Agreement or Letter Agreement may
provide that the Consultant is to achieve final completion within a time period determined
and agreed upon by both parties from the date appearing in the Notice to Proceed form for
the specified Project. Therefore, the Consultant agrees to begin each Project in conformity
with the provisions set forth in the Project Agreement or Letter Agreement and to perform
it with all due diligence, so as to complete the entire work and Project by the time limits
set forth in the agreed Project Schedule for the specified Project. As to such a Project
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Agreements or Letter Agreements that have deadlines, time will be of the essence unless
stated otherwise. The Consultant shall be compensated for the service at the rate in effect
when this extension clause is invoked by the City.
SECTION 5 TERMWATION
5.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience upon ten (10) calendar days' written notice to. the Consultant. In the event of
such termination, any Services performed by the Consultant under this Agreement shall, at
the option of the City, become the City's property, and the Consultant shall be entitled to
receive compensation for any Services completed pursuant to this Agreement to the
satisfaction of the City up to and through the date of termination. Under no circumstances
shall City make payment for services that have not been performed. Additionally, the City
shall not make payment for the following items:
5.1.1 Anticipated profits or fees to be earned on completed portions of the work;
5.1.2 Consequential damages;
5.1.3 Costs incurred in respect to services performed in excess of reasonable quantitative
requirements of this Agreement and Project Agreement(s) or Letter Agreement(s);
5.1.4 Expenses of Consultant due to the failure of Consultant or its subconsultants to
discontinue services after notice of termination has been given to the Consultant;
5.1.5 Losses upon other contracts or from sales or exchanges of capital assets or Internal
Revenue Code Section 1231 assets; and
C% 5.1.6 Damage or loss caused by delay.
5.2 Termination for Cause: This Agreement may be terminated by the City upon ten (10)
calendar days written notice to the Consultant should the Consultant be adjudged bankrupt,
insolvent, violates the law, or fails to substantially perform in accordance with the material
terms of this Agreement. If, through any cause within reasonable control, the Consultant
shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements
or stipulations material to this Agreement, the City shall have the right to terminate the
Services then remaining to be performed. Prior to the exercise of its option to terminate
for cause, the City shall notify the Consultant of its violation of the particular terms of the
Agreement and grant Consultant ten (10) days to cure such default. If the default remains
uncured after ten (10) days the City may terminate this Agreement, and the City shall
receive a refund from the Consultant in an amount equal to the actual cost of a third parry
to cure such failure. If Consultant fails, refuses or is unable to perform any term of this
Agreement, the City shall pay for services rendered as of the date of termination.
5.2.1 In the event of termination, all finished and unfinished documents, data and other
work product prepared by the Consultant shall be delivered to the City and the City
shall compensate the Consultant for all Services satisfactorily performed prior to
the date of termination.
5.2.2 Notwithstanding the foregoing, the Consultant shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the Agreement by
Consultant and the City may reasonably withhold payment to the Consultant for the
purposes of set-off until such time as the exact amount of damages due the City
from the Consultant is determined.
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5.2.3 In the event that the Consultant is terminated by the City for cause and it is
subsequently determined by a court of competent jurisdiction that such termination
was without cause, such termination shall thereupon be deemed a termination for
convenience under Section 5.1 and the provisions of Section 5.1 shall govern.
5.3 Termination for Governmental Non-Annrouriations: The City is a bona fide
governmental entity of the State of Florida with a fiscal year ending on September 30 of
each calendar year. If the City does not appropriate sufficient funds to purchase Services
required under this Agreement for any of the City's fiscal years subsequent to the one in
which the Agreement is executed and entered into, then this Agreement shall be terminated
effective upon expiration of the fiscal year in which sufficient funds to continue to the
satisfaction of the City's obligation under this Agreement were last appropriated by the
City and the City shall not in this sole event be obligated to make any further purchases
beyond said fiscal year.
SECTION 6 CITY'S RESPONSIBELITIES
6.1 The City shall assist the Consultant by placing at its disposal all reasonably available
information as may be requested in writing by the Consultant and allow reasonable access
to all pertinent information relating to the services to be performed by the Consultant.
6.2 The City shall furnish to the Consultant, at the Consultant's request, all existing studies,
reports and other reasonably available data pertinent to the services to be provided by the
Consultant.
6.3 The City shall arrange for access to and make all reasonable provisions for the Consultant
to enter upon City's public property as required for the Consultant to perform services.
6.4 In the event that Consultant believes that City is not reasonably complying with the
requirements of Sections 6.1, 6.2 and 6.3 above, Consultant shall immediately provide
written notice within three (3) days of such non-compliance to the City, absent which
Consultant shall be deemed to have waived such non-compliance by City.
SECTION 7 CONSULTANT'S RESPONSIBILITIES
7.1 The Consultant shall comply with all laws, ordinances and governmental rules, regulations,
and orders now or at any time during the term of this Agreement which as a matter of law
are applicable to or which affect the procedures of the Consultant.
7.2 The obligation of the Consultant to comply with governmental requirements is provided
for the purpose of assuring proper safeguards for the protection of persons and property.
7.3 The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the services as is ordinarily provided by a professional architect under
similar circumstances. If at any time during the term of any Project Agreement, Letter
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Agreement or the construction of the specific project for which the Consultant has provided
landscape architectural services under a prior Project Agreement or Letter Agreement, it is
determined that the Consultant's documents are incorrect, defective or fail to conform to
the scope of services, due to Consultant's negligent acts or failure to act, errors or
omissions, upon written notification from the City, the Consultant shall immediately
proceed to correct the work, re -perform services which fail to satisfy the foregoing standard
of care as determined by the City, and Consultant shall compensate the City as provided in
Section 7.3.1 for all costs and expenses associated with correcting said incorrect or
defective work, including any additional testing and inspections. The City's rights and
remedies under this section are in addition to, and are cumulative of, any and all other rights
and remedies provided by this Agreement, the Project Agreement, the Letter Agreement,
by law, equity or otherwise.
7.3.1 Where Consultant's actions as described in Section 7.3 result in a Change Order to
the Contract for Construction with the Contractor, the Consultant shall compensate the City
for the cost of the Change Order work that exceeds the cost of the work had it been included
in the construction documents at the time that bids for construction were received by the
City, plus the total of the Contractor's overhead and fifty -percent (50%) of profit included
in the approved Change Order.
7.3.2 Any time added to the project schedule in a Change Order that is a result of
Consultant's actions as described in Section 7.3 cannot be claimed by the Consultant as
additional services nor compensated to the Consultant in any way.
C- 1 7.4 The Consultant's obligations under Sections 7.3 and 7.3.1 shall survive termination,
cancellation, or expiration of this Agreement or any Project Agreement or Letter
Agreement.
7.5 Any and all drawings, plans, specifications, or other construction or contract documents
prepared by the Consultant shall be accurate, coordinated and adequate for construction
and shall be in conformity and comply with all applicable law, codes, and regulations.
Products, equipment, and material specified for use shall be readily available unless written
authorization to the contrary is given by the City.
SECTION 8 POLICY OF NON-DISCRIMINATION
8.1 The Consultant shall comply with all federal, state and local laws and ordinances applicable
to the work or payment for work and shall not discriminate on the grounds of race, color,
national origin, sex, gender identity, sexual orientation, age, disability/handicap, religion,
family or income status.
SECTION 9 CODE OF ETHICS
9.1 The Consultant and its employees shall be bound by the provisions of the City Code of
Ethics provided in Chapter 33 of the Code of the City of Sunny Isles Beach, Florida, as
may be amended from time to time, which standards shall by this reference be made a part
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of this Agreement as though set forth in full. The Consultant agrees to incorporate the
provisions of this Section 9.1 into any subcontract.
SECTION 10 OWNERSHIP OF DOCUMENTS/DELIVERABLES
10.1 All subcontracts for the preparation of reports, studies, plans, drawings, specifications, or
other data entered into by the Consultant for a project shall provide that all such documents
and rights obtained by virtue of such subcontracts shall become the property of the City.
10.2 All finished or unfinished documents, including, but not limited to, detailed reports,
studies, calculations, plans, drawings, surveys, maps, models, photographs, specifications,
and all other data pertaining to or prepared for the City or furnished by the Consultant
pursuant to this Agreement or any Project Agreement or Letter Agreement shall be and
shall remain at all times, throughout the Project and thereafter, the property of the City,
whether the project for which they are made is completed or not, and shall be delivered by
the Consultant to City within five (5) calendar days after receipt of written notice
requesting delivery of said documents. The Consultant shall have the right to keep one
record set of the documents upon completion of the work; however, in no event shall the
Consultant use, or permit to be used, any of the documents without the City's prior written
authorization. Any reuse of such documents by the City without the written verification or
adaptation by the Consultant for the specific purpose intended will be at the City's sole
risk.
1
10.3 At the conclusion of its work and before final payment, or from time to time as may be ,\
required by the City, the Consultant shall release and deliver to the City any and all such
originals; provided, however, that the Consultant may, with the City's approval, reproduce
such originals for the purpose of the Consultant's record file of the work. The Consultant
shall not sell, copy, or reuse any drawings in total or in part for any other project, except
with the prior written permission of the City.
10.4 All final plans and documents prepared by the Consultant shall bear the endorsement and
seal of a person duly registered as an architect, as appropriate, in the State of Florida.
SECTION 11 RECORDS/AUDITS
11.1 Consultant shall maintain and shall require its subconsultants to maintain complete and
correct records, books, documents, papers and accounts pertaining to work performed in
connection with this Agreement including without limitation, reasonable substantiation of
all expenses incurred based on actual costs and of all property acquired or disposed of
hereunder. Such records, books, documents, papers and accounts shall be available at all
reasonable times for examination and audit by the City or any authorized City
representative with reasonable notice and shall be kept for a period of three (3) years after
the completion of each project to be performed pursuant to this Agreement. Incomplete or
incorrect entries in such records, books, documents, papers or accounts will be grounds for
disallowance by or reimbursement to the City of any fees or expenses based upon such
entries. The Consultant shall remit promptly to the City the amount of any adjustment
resulting from audit. ` J
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11.2 Refusal of the Consultant to comply with the provisions in this Section shall be grounds
for immediate termination for cause by the City of this Agreement or any Project
Agreement or Letter Agreement.
SECTION 12 NO CONTINGENT FEE
12.1 The Consultant warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Consultant, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for the Consultant, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from
.the award or making of this Agreement. In the event the Consultant violates this provision,
the City shall have the right to terminate this Agreement or any Project Agreement or Letter
Agreement, without liability, and at its sole discretion, to deduct from the Agreement price,
or otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
SECTION 13 INDEPENDENT CONTRACTOR
13.1 The Consultant is an independent contractor under this Agreement. Personal services
provided by the Consultant shall be by employees or subcontractors of the Consultant who
shall be subject to supervision by the Consultant, and who shall not be deemed officers,
employees, or agents of the City. Personnel policies, tax responsibilities, social security
and health insurance, employee benefits, purchasing policies and other similar
administrative procedures applicable to Services rendered under this Agreement shall be
those of the Consultant and not City.
SECTION 14 INDEMNWICATION/HOLD HARMLESS
14.1 To the fullest extent permitted by law, the Consultant agrees to indemnify and hold -
harmless the City, 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 Consultant and other
persons employed or utilized by the Consultant in performance of this Agreement. This
indemnification shall survive the.term of this Agreement.
14.2 PURSUANT TO FLORIDA STATUTES §558.0035, A DESIGN PROFESSIONAL
EMPLOYED BY CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE
FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURING WITHIN THE
SCOPE AND OF PROFESSIONAL SERVICES UNDER THIS AGREEMENT.
SECTION 15 INSURANCE
15.1 Consultant agrees to maintain, on a primary non-contributory basis and at its sole expense,
at all times during the life of this Agreement, the following insurance coverages, limits,
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includingendorsements described herein. The requirements contained herein, as well as 4 `
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City's review or acceptance of insurance maintained by Consultant is not intended to and
shall not in any manner limit or qualify the liabilities or obligations assumed by Consultant
under this Agreement. Any coverage maintained by the City shall apply excess of, or
contingent upon the absence of, other insurance required or maintained by Consultant.
15.1.1 Comprehensive General Liability: Consultant agrees to maintain Comprehensive
General Liability at a limit of liability not less than $1,000,000 each occurrence,
$2,000,000 annual aggregate. Coverage shall not contain any restrictive endorsement(s)
as filed by the Insurance Services Office, and must include:
— Premises and Ongoing Completed Operations – on a primary and
noncontributory basis including waiver of subrogation on behalf of the City of
Sunny Isles Beach.
— Independent Contractors
--- Broad Form Property Damage
— Broad Form Contractual Coverage applicable to this specific Contract,
— including any hold
— Harmless and/or indemnification agreement.
— Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits of coverage equal to those required for Bodily
Injury Liability and Property Damage Liability.
15.1.2 Worker's Compensation Insurance & Employers Liability: Consultant agrees to 1
maintain Worker's Compensation Insurance & Employers Liability in accordance with
Florida Statute, Chapter 440, and where applicable, the United States Longshoremen's and
Harbor Worker's Act, the Federal Employers' Liability Act and the Homes Act. Employer's
Liability Insurance shall be provided with a minimum of One Million Dollars
($1,000,000.00) per accident. Consultant agrees to be responsible for the employment,
conduct and control of its employees and for any injury sustained by such employees in
the course of their employment.
15.1.3 Professional Liability: Consultant agrees to maintain Professional (Errors &
Omissions) Liability at a limit of liability not less than $1,000,000 per claim, $2,000,000
annual aggregate. The Consultant agrees the policy shall include a minimum three (3) year
Discovery (tail) reporting period, and a Retroactive Date that equals or precedes the
effective date of the Agreement. The Consultant agrees that Self -Insured Retention shall
not exceed $25,000.
15.1.4 Errors and Omissions Liability: Errors and Omissions Liability insurance with
minimum coverage limits of $1,000,000.00 each occurrence. Consultant acknowledges
that the City is relying on the competence of the Consultant to design the project to meet
its functional intent. If it is determined during construction of the project that changes must
be made due to Consultant's negligent errors and omissions, Consultant shall promptly
rectify them at no cost to City and shall be responsible for additional costs, if any, of the
project to the proportional extent caused by such negligent errors or omissions.
15.1.5 Business Automobile Liability: Consultant agrees to maintain coverage with
minimum limits of Five Million Dollars ($5,000,000.00) per occurrence combined single j
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limit for Bodily Injury Liability and Property Damage Liability. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
Owned Vehicles;
Hired and Non -Owned Vehicles;
Employers' Non -City ship.
15.1.6 Umbrella Insurance: Consultant shall be required to purchase, maintain, and keep
in full force, effect, and good standing, Umbrella Liability Insurance above the primary
commercial general liability, automobile liability, and employers' liability policies required
herein. The limit shall not be less than One Million Dollars ($1,000,000.00) each
occurrence and annual aggregate per occurrence during the initial and any renewal term of
this Agreement.
15.1.7 Additional Insured: The Consultant agrees to endorse the City as an Additional
Insured on all policies set f6rth in this Section 15, and the City of Sunny Isles Beach,
Contract Number, and Title, must appear on each Certificate of Insurance. All Certificates
of Insurance must remain active during the term of the contract.
15.1.8 Waiver of Subrogation: Consultant agrees to provide a Waiver of Subrogation for
each required policy herein. When required by the insurer, or should a policy condition
not permit Consultant to enter into a pre -loss agreement to waive subrogation without an
endorsement, then Consultant agrees to notify the insurer and request the policy be
endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent.
This Waiver of Subrogation requirement shall not apply to any policy, which includes a
condition specifically prohibiting such an endorsement, or voids coverage should
Consultant. enter into such an agreement on a pre -loss basis.
15.1.9 Certificate(s) of Insurance: Consultant agrees to provide City a Certificate of
Insurance evidencing that all coverages, limits and endorsements required herein are
maintained and in full force and effect, and Certificates of Insurance shall. provide a
minimum thirty (30) day endeavor to notify City of a non -renewal or cancellation notice,
when available by Consultant's insurer via certified mail. If the Consultant receives a non-
renewal or cancellation notice from an insurance carrier affording coverage required
herein, or receives notice that coverage no longer complies with the insurance requirements
herein, Consultant agrees to notify the City by fax and email as set forth in this Section
within five (5) business days with a copy of the non -renewal or cancellation notice, or
written specifics as to which coverage is no longer in compliance
The certificate holder address shall read:
City of Sunny Isles Beach
Risk Management Division
Attn: Risk Manager
18070 Collins Avenue
Sunny Isles Beach, FL 33160
J YLondono@sibfl.net
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15.1.10 -Right to Revise or Reject: City reserves the right, but not the obligation, to
revise any insurance requirement, not limited to limits, coverages and endorsements, or to
reject any insurance policies that fail to meet the criteria stated herein. Additionally, City
reserves the right, but not the obligation, to review and reject any insurer providing
coverage due of its poor financial condition or failure to operating legally.
SECTION 16 REPRESENTATIVE OF CITY AND CONSULTANT
16.1 Ci!y Representative. It is recognized that questions in the day-to-day conduct of this
Agreement will arise. The City designates the City Manager as the person to whom all
communications pertaining to the day-to-day conduct of this Agreement shall be addressed.
16.2 Consultant Representative. Consultant appoints Tammy Cook-Weedon, as the
Consultant's Representative to whom all communications pertaining to the day-to-day
action of this Agreement shall be addressed.
SECTION 17 ALL PRIOR AGREEMENTS SUPERSEDED
17.1 This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained in this
Agreement and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in
this document. Accordingly, it is agreed that no deviation from the terms of this Agreement
shall be predicated upon any prior representations or agreements whether oral or written.
SECTION 18 SUBCONSULTANTS
18.1 In the event the Consultant requires the services of any subconsultant or subcontractor" in
connection with services covered by this Agreement, any Project Agreement or any Letter
Agreement, the Consultant must secure the prior written approval of the City Manager.
18.2 Any subcontract with a subcontractor or subconsultant shall afford to the Consultant rights
against the subcontractor or subconsultant which correspond to those rights afforded to the
City against the Consultant herein, including but not limited to those rights of termination
as set forth herein.
18.3 No reimbursement shall be made to the Consultant for any subconsultants that have
not been Previously approved in writinti by the City for use by the Consultant.
SECTION 19 NOTICES
19.1 Whenever either party desires to, or is required to give notice to the other, it must be given
by written notice, sent by certified United States mail with return receipt requested or other
commercial overnight delivery services, addressed to the party for whom it is intended, at
the place last specified, and the place for giving notice in compliance with the provisions
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of this Section. For the present, the parties designate the following as the respective places
for giving of notice, to wit:
If to the City:
Stan Morris
With a copy to:
City Manager
Edward Dion, Esq.
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue
City of Sunny Isles
Fourth Floor
Beach
Sunny Isles Beach, Florida
18070 Collins Avenue
33160
Fourth Floor
Tel: (305) 792-1776
Sunny Isles Beach,
Florida 33160
Tel: 305 792-1766
If to the
Tammy Cook-Weedon
Consultant:
Calvin Giordano &
Associates, Inc.
1800 Eller Drive, Suite 600
Fort Lauderdale, FL 33316
tam myc@cgaso lutions.com
954)921-7781
SECTION 20 TRUTH -IN NEGOTIATION CERTIFICATE
20.1 Signature of this Agreement by Consultant shall act as the execution of a truth -in -
negotiation certificate stating that wage rates and other costs used to determine the
compensation provided for in this Agreement are accurate, complete, and current as of the
date of the Agreement and no higher than those charged to the Consultant's most favored
customer for the same or substantially similar services. The said rates and costs shall be
adjusted to exclude any significant sums should the City determine that the rates and costs
were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate
presentation of fees paid to outside contractors. The City shall exercise its rights under this
clause within three (3) years following final payment.
SECTION 21 GOVERNING LAW/JURISDICTION/VENUE
21.1 This Agreement shall be governed by the laws of the State of Florida. Except as set forth
in Sections 14, 5.2, and 30, should the parties be involved in legal action arising under, or
connected to, this Agreement, each party will be responsible for their own attorneys' fees
and costs. The venue for any litigation between the parties will be Miami -Dade County,
Florida. Both parties hereby agree to waive a jury trial in any action between them, and
will proceed to a trial by judge if necessary.
SECTION 22 HEADINGS
22.1 Headings are for convenience of reference only and shall not be considered in any
interpretation of this Agreement.
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SECTION 23 EXHIBITS
23.1 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The
Exhibits, if not physically attached, should be treated as part of this Agreement, and are
incorporated by reference.
SECTION 24 COUNTERPARTS
24.1 This Agreement may be executed in several counterparts, each of which shall be deemed
an original and such counterparts shall constitute one and the same instrument.
SECTION 25 WORDS AND PHRASES
25.1 Where the words "required," "approved," "approval," "satisfactory," "determined,"
"acceptable," or words of like import are used in this Agreement, action by the City is
indicated unless the context clearly indicates otherwise, and all work shall be in accordance
therewith. Such action, or failure to act, shall not relieve the Consultant of its contractual
responsibilities for performance of this Agreement. Wherever it is provided in the
Agreement that the Consultant shall perform certain work "at its own expense," or "without
charge," or that certain work will not be paid for separately, such words mean that the
Consultant shall not be entitled to any additional compensation from the City for such
work.
SECTION 26 NOTICE OF COMMENCEMENT/NOTICE TO PROCEED :\
26.1 Consultant shall not commence work until: 1) all insurance to be furnished hereunder has
been approved by the City; and 2) Consultant has received a City Purchase Order and
written Notice to Proceed or Notice of Commencement from the City Manager for
provision of services under a Project Agreement or Letter Agreement. The City shall not
be responsible to pay for or reimburse the Consultant for any work that does not comply
with this Section.
SECTION 27 TIME IS OF THE ESSENCE
27.1 All limitations of time set forth in this Agreement or any resulting Project Agreement or
Letter Agreement are of the essence.
SECTION 28 CLAIMS BY CONSULTANT
28.1 All claims by the Consultant, all questions concerning interpretation or clarification of this
Agreement or the acceptable fulfillment of this Agreement on the part of the Consultant,
and all questions as to compensation and to extension of time shall be submitted in writing
to the City's Representative. The Consultant shall be solely responsible for requesting
instructions or interpretations and shall be solely liable for any costs and expenses arising
from its failure to do so. All determinations, instructions, and clarifications of the City
shall be final unless the Consultant files a written protest with the City Manager within
fourteen (14) calendar days after the City's representative notifies the Consultant of any
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such determination, instruction, or clarification, which written protest shall state clearly
and in detail the basis of the protest. The City Manager's decision shall be final.
28.2 The City Manager will issue a decision upon such protest. At all times during the protest
period, the Consultant shall proceed with the work in accordance with determinations,
instructions, and clarifications of the City's representative. The Consultant's failure to
protest the City's Representative's determinations, instructions, clarifications, or the City
Manager's decision within fourteen (14) calendar days after receipt thereof shall constitute
a waiver by the Consultant of all its rights to further protest, judicial or otherwise.
28.3 It is specifically agreed that any and all claims by a party against another party arising out
of this Agreement or the performance of the work thereunder or relating thereto, or
otherwise (including but not limited to claims for extra work) except as specifically set
forth in Subsections 28.1 and 28.2 above, shall be waived unless presented in writing to
the other party within the time limit specified in this Agreement but in no event in excess
of thirty (30) calendar days after occurrence of the event or circumstances giving rise to
such claim.
28.4 The Consultant shall also submit such information, costs and data in such detail and
specificity as may be reasonably required by the City to justify and substantiate such
claims. The Consultant shall certify that all such information, costs and data.are accurate,
complete, and true, to the best of its knowledge. It is agreed that under no circumstances
shall the Consultant be compensated or reimbursed for expenses incurred in claim
C_
preparation, presentation, or prosecution unless directed in writing by the City.
SECTION 29 CONSULTANT'S STANDARD OF CARE
29.1 Consultant represents that Consultant's services shall be performed with that degree of skill
and judgment which is normally exercised by recognized professional architectural firms
performing services of a similar nature, and that the services shall be performed and shall
conform to generally accepted architectural firms' standards and practices. Consultant will
re -perform any services not meeting this standard without additional compensation and
shall pay all costs and expenses associated with correcting said services or work including
any additional testing, inspections, corrections, or construction.
SECTION 30 PATENT INDEMNITY
30.1 Subject to the limitations set forth in this Agreement, the Consultant shall indemnify, save
harmless and defend the City and the City Commissioners, City officers, and City agents
and employees (collectively "City Indemnified Party") from and against any and all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees
incident to any infringement of any patent or patents related in any manner to the subject
matter of the Agreement documents prepared by the Consultant; provided, however, that
any City Indemnified Party may, at its option, be represented in any such suits, actions or
legal proceedings by attorneys selected by City Indemnified Party at Consultant's expense.
In case the Construction Documents or any part thereof is held in such suit to constitute
infringement of any patent or patents and its use enjoined, the Consultant shall, at its own
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expense, subject to the limitation of the Consultant liability prescribed in this Agreement,
either procure for the City the right to continue using said Construction Documents or
replace same with non -infringing Construction Documents.
SECTION 31 FORCE MAJEURE
31.1 Neither party shall be considered in default in the performance of its obligations hereunder
to the extent that the performance of any such obligation is delayed, hindered or prevented
by any cause which is beyond the reasonable control of the parry affected thereby
(hereinafter called "Force Majeure"). Force Majeure includes but is not limited to any of
the following if reasonably beyond the control of the party claiming Force Majeure: war
(declared or undeclared), fire, riot, storm, hurricane, floods, earth quake, tornado, act of
terrorism or sabotage or any law, proclamation order, regulation, or ordinance of any
government agency or any court, or any other cause similar to those enumerated above,
which is not reasonably within the control of the parry claiming Force Majeure.
31.2 The party affected by any Force Majeure shall give prompt written notice to the other party
advising of the nature and extent of any Force Majeure and advising of the effects of the
Force Majeure upon the completion and cost of the work hereunder. The parties shall
consult promptly with each other concerning the Force Majeure and shall endeavor to agree
upon mutually acceptable corrective action. In the event of a Force Majeure which
prohibits performance by the Consultant for more than sixty (60) days, either party may
terminate this Agreement for convenience as provided for in Section 5.1.
SECTION 32 SUSPENSION
32.1 The City may, at its sole option, decide to suspend at any time the performance of all or
any portion of work to be performed under this .Agreement. The Consultant will be notified
of such decision by the City in writing. The order shall be specifically identified as a stop
work order under this Section. Upon receipt of the order, the Consultant shall immediately
comply with its terms and take all reasonable steps to minimize the incurrence of costs
allocable to the work covered by the order during the period of suspension.
32.2 Upon receipt of any such notice, the Consultant shall, unless the notice requires otherwise,
do the following:
A. Immediately discontinue work on the date and to the extent specified in the notice;
B. Place no further orders, contracts or subcontracts for material, services, or facilities
with respect to suspended work other than to the extent required in the notice;
C. Promptly make every reasonable effort to obtain suspension upon terms satisfactory
to the City, of all orders, subcontracts, and rental agreements to the extent they
relate to performance of work suspended; and
D. Continue to protect and maintain the services including those portions on which
services have been suspended.
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1 32.3 As full compensation for such suspension, the Consultant shall be reimbursed for the
following costs, reasonably incurred, without duplication of any item, to the extent that
such costs directly result from such suspension of work:
A. An equitable amount to reimburse the Consultant for the cost of maintaining and
protecting that portion of the services which have been suspended; and
B. If, as a result of any such suspension of services, the cost to the Consultant of
subsequently performing services is increased or decreased, an equitable
adjustment will be made in the cost of performing the remaining portion of services.
SECTION 33 RECORD DRAWINGS AND SPECIFICATIONS
33.1 During construction, the Consultant shall maintain for the City a record of deviations on
the basis of information compiled and furnished, in part, by others, from the work as shown
in the drawings and specifications and as actually installed. Before final payment by the
City, the Consultant shall revise any drawings and specifications affected by such deviation
so that all such documents shall show the work actually installed. A digital drawing or
approved equal of the final certified record drawings shall be submitted to the City.
33.2 A review of the markup record drawings at the construction site will be conducted at the
progress meeting.
SECTION 34 ORDER OF PRECEDENCE
C34.1 In the event of an inconsistency between provisions of this Agreement, the inconsistency
shall be resolved in the following order:
A. Project Agreement or Letter Agreement
B. Continuing Services Agreement
C. RFQ, including all addenda
D. Response to RFQ
SECTION 35 SUCCESSORS AND ASSIGNS
35.1 The City and. Consultant bind themselves, their successors, assigns, and legal
representatives to the other party hereto and to successors, assigns and legal representatives
of such other party in respect to covenants, agreements, and obligations contained in this
Agreement. The Consultant shall not assign this Agreement without prior written consent
of the City.
SECTION 36 CONSULTANT'S PERSONNEL
36.1 The presence or duties of the Consultant's personnel at a work site, whether as onsite
representatives or otherwise, do not make the Consultant or the Consultant's personnel in
any way responsible for those duties that belong to the City and/or the construction
contractors or other entities, and do not relieve the construction contractors or any other
entity of their obligations, duties, and responsibilities, including, but not limited to, all
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construction methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in accordance with the
construction Contract Documents and any health and safety precautions required by such
construction work. The Consultant and the Consultant's personnel shall report to the City
any health or safety deficiencies of the construction contractor(s) or other entity or any
other person at the construction site that Consultant's personnel actually observe.
36.2 The Consultant's personnel is not authorized to direct the City's contractor's to take any
actions that deviate from the approved plans or scope of work without first obtaining
written approval from the City.
SECTION 37 SEVERABILITY
37.1 If any provision of this Agreement or the application thereof to any person or situation
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and
the application of such provisions to persons or situations other than those as to which it
shall have been held invalid or unenforceable, shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
SECTION 38 ENTIRETY OF AGREEMENT
38.1. The City and the Consultant agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Agreement may be ( \.
added to, modified, superseded or otherwise altered, except by written instrument executed \... 1
by the parties hereto with the same formality as this Agreement.
SECTION 39 THIRD PARTY BENEFICIARIES
39.1 It is expressly understood and agreed that the enforcement of these terms and conditions
shall be reserved to City and Consultant and that there are no third parry beneficiaries under
this Agreement.
SECTION 40 PUBLIC RECORDS
40.1 The CONSULTANT shall comply with all applicable requirements contained in the
Florida Public Records Law (Chapter 119, Florida Statutes), including but not limited to
any applicable provisions in Section 119.0701, Florida Statutes. To the extent that the
CONSULTANT and this Agreement are subject to the requirements in Section 119.0701,
Florida Statutes, the CONSULTANT shall: (a) keep and maintain public records required
by the CITY to perform the services provided hereunder; (b) upon request from the CITY'S
custodian of public records, provide the CITY with a copy of the requested records or allow
public records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;
(c) ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law for the
duration of the term of this Agreement and following completion of this Agreement if the
CONSULTANT does not transfer the records to the CITY; and (d) upon completion of the
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Agreement, transfer, at no cost, to the CITY all public records in the possession of the
CONSULTANT or keep and maintain public records required by the CITY to perform the
.service. If the CONSULTANT transfers all public records to the CITY upon completion
of the Agreement, the CONSULTANT shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
CONSULTANT keeps and maintains public records upon completion of the Agreement,
the CONSULTANT shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the CITY, upon request from the CITY'S
custodian of public records, in a format that is compatible with the information technology
systems of the CITY. If the CONSULTANT fails to comply with the requirements in this
Section 40, the CITY may enforce these provisions in accordance with the terms of this
Agreement. If the CONSULTANT fails to provide the public records to the CITY within
a reasonable time, it may be subject to penalties under Section 119. 10, Florida Statutes.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE
CONSULTANT SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS: THE CITY CLERK, MAURICIO BETANCUR, BY TELEPHONE
(305/792-1703), E-MAIL (MBETANCUR@SIBFL.NET), OR MAIL (CITY OF
SUNNY ISLES BEACH, OFFICE OF THE CITY CLERK, 18070 COLLINS
AVENUE, SUNNY ISLES BEACH, FLORIDA 33160).
SECTION 41 DISCRMINATORY VENDOR LIST
41.1 Pursuant to Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the discriminatory vendor list 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. By execution of this Agreement, CONSULTANT
certifies that it has not been placed on the discriminatory vendor list as provided in
Section 287.134, Florida Statutes.
SECTION 42 PUBLIC ENTITY CREAES
42.1 Pursuant to Section 287.133, Florida Statutes, 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
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following the date of being placed on the convicted vendor list. By execution of this
Agreement, Consultant certifies that it has not been placed on the convicted vendor list
as provided in Section 287.133, Florida Statutes.
SECTION 43 SCRUTINIZED COMPANY
43.1 Pursuant to Section 287.135, Florida Statutes, Consultant certifies that it is not on the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,
Florida Statutes and that it is not engaged in a boycott of Israel.
43.2 Pursuant to Section 287.135, in the event the Agreement is for one million dollars or
more, Consultant certifies that it is not on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List created pursuant to Section 215.473, Florida Statutes; and Consultant further
certifies that it is not engaged in business operations in Cuba or Syria.
43.3 Pursuant to Section 287.135, Florida Statutes, City may, at the option of the City
Commission, terminate this Agreement if Consultant is found to have submitted a false
certification as provided under subsection 287.135(5), Florida Statutes; has been placed
on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel;
has been placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or has
been engaged in business operations in Cuba or Syria.
SECTION 44 E -VERIFY.
44.1 Florida Statute 448.095 directs all public employers, including municipal governments,
to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E -Verify System, and further provides that a public
employer may not enter into a contract unless each party to the contract registers with
and uses the E -Verify system. Florida Statute 448.095 further provides that if a
Consultant enters into a contract with a subcontractor, the subcontractor must provide the
Consultant with an affidavit stating that the subcontractor does not employ, contract with,
or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, Consultant is required to verify employee
eligibility using the E -Verify system for all existing and new employees hired by
Consultant during the contract term. Further, Consultant must also require and maintain
the statutorily required affidavit of its subcontractors. It is the responsibility of Consultant
to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify,
employers should visit the E -Verify website (https://www.e-
verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Consultant
must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "H".
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year of the last signature date written below.
WITNESS: CALVIN GIORDANO & ASSOCIATES, INC.
By: _
Signature Tammy Cook-Weedon, as its Project Manager
Date:
Print Name
ATTEST:
Mauricio Betancur, City Clerk
Authorized City Representative's Initials:
CITY OF SUNNY ISLES BEACH
By:
Stan Morris, City Manager
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
in
Edward A. Dion, City Attorney
Authorized Consultant Representative's Initials:
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Civil Engineering / Roadway
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Coastal Engineering
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Grant Management &
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Transportation Planning
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June 29, 2022
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
RE: RFQ # 22-06-01— Continuing Services for Landscape Architectural Services CCNA
Dear Selection Committee,
Calvin, Giordano & Associates, Inc. (CGA) is pleased to submit our qualifications to provide Landscape
Architectural Services to the City Sunny Isles Beach (City). We have reviewed the scope of services set
forth by the City and have selected a projectteam with the necessary experience and skills to successfully
complete all continuing services requested in this RFQ.
With over 85 years of experience in Florida, CGA is a well-estabiished, multi -disciplinary firm that
provides consulting services, Including Landscape Architecture and related services. CGA has extensive
expereince in providing consulting services on a continuing basis to governmental agencies and municipal
clients. We are currently under contract with over 60 governmental entities — many for over 20 years —
demonstrating that we continually provide sustainable high-quality services.
As professional services provider with experience servicing the City of Sunny Isles Beach on previous
projects, the City can be confidentthat under this Continuing Services for Landscape Architectural Services'
contract, CGA will be fully committed to providing the highest quality of services. Client satisfaction
remains our underlying theme and is the most important part of any statement on past performance.
With over 370 employees, our firm provides a board range of landscape architectural, planning, urban
design and related resources and services typical of a large firm, but with the unrivaled, personalized
attention that has come to characterize us. Our team's vast experience over the years within Miami -Dade
and our municipal experience greatly enhances our ability to provide the City with innovative Ideas and
exceptional solutions. CGA's long term relationship and extensive knowledge of the City's rich history
makes us uniquely qualified to provide these continuing professional services to the City in the future.
We have assembled a team of qualified professionals who have completed numerous projects of similar
scope, and who posses the diversity of technical skills required to execute the work under this contract
with the highest degree of professionalism. We are committed to assigning and dedicating the manpower,
expertise, and attentiveness necessary to ensure that the City meets its goals and objectives through the
provision of these services. CGA has the desire, dedication, and the attentiveness to meet the needs of
the City. This dedication results in a smooth and efficient execution of the project scope and successful
completion of all services related to this contract.
I, Chris Giordano, MSC, CCM, President, will serve as the Principal -in -Charge forthis contract, and Tammy
Cook-Weedon, ASLA, PLA, LEED AP BD+C, Associate Director of Landscape Architecture, will serve as
the primary point of contact and Project Manager. Our main office to provide services is 1800 Eller Drive,
Suite 600, Fort Lauderdale, FL 33316. Below is our contact information:
Principal -in -Charge Project Manager
Chris Giordano, MSC, CCM Tammy Cook-Weedon, ASLA, PLA, LEED AP BD+C
President Associate Director of Landscape Architecture
Tei: 954.921.7781 Tel: 954.921.7781
cgiordano@cgasolutions.com tammyc@cgasolutions.com ! l
FORT LAUDERDALE MIAMI-DADE WEST PALM BEACH CLEARWATER /TAMPA ESTERO PORT ST. WC 2045
We appreciate the opportunity to respond to this RFQ and upon award will be committed to delivering the services outlined
r In this contract. We are confident that our experience and dedication will meet the City's objectives with the highest degree
of professionalism, which will result in the successful delivery of continuing services for landscape Architectural Services.
Sincerely,
Calvi, Giordano & Aciates, Inc,
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President
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A SAFEbuilf COMPANY
Firm Qualifications and Experience
Calvin, Giordano & Associates, Inc. (CGA) Is a well
established multi -disciplinary firm with offices located In
Fort Lauderdale, Miami -Dade, West Palm Beach, Port St.
Lucie, Estero, and Clearwater. For 85 years, our firm has
been providing consulting services to both public and private
sector clients.
From the beginning, much of our reputation was built on
repeat business with clients from the public and private
sectors. Our success is reflected in the quality of work we
consistently provide and also In the personal approach we
take with each client. The winning combination is affirmed
by our large number of repeaf/long term municipal clients.
Because of our diversity, CGA can control the entire
process, offering a host of professional services as a one -
source partner, or efficiently tackle time -sensitive individual
projects, providing customized solutions with handpicked
teams of highly experienced professionals. Custom Building
Exceptional Solutions is the core of our business.
CGA strategically provides a broad range of services to meet
our clients' needs. Our professional services include:
• Building Code Services
• Civil Engineering/Roadway and highway Design
• Coastal Engineering
• Code Compliance
• Construction Engineering and Inspection (CEI)
• Construction Services
• Data Technologies and Development
• Electrical Engineering
• Civil Engineering
• Environmental Services
• Facilities Management
• Grant Management & Writing
• Geographic Information Systems (GIS)
• Governmental Services
• Landscape Architecture
Taking advantage of our diversified staffs experience and
knowledge Is what distinguishes CGA as a professional
consultant and what allows our team to repeatedly complete
projects on-time, under budget and exceeding expectations
while doing so.
FOUNDED IN HOLLYWOOD
1937
• •370 +
I II
EMPLOYEES
Serving
Municinalitlas Throuahout Florida
LOCATIONS
• Planning Clearwater
• Project Management Estero
• Redevelopment and Urban Design Fort Lauderdale
• Surveying and Mapping Miami -Dade
• Transportation & Mobility Port St. Lucie
West Palm Beach L 1
Transportation Planning_,
Water/Wastewater Utilities Engineering
• Website Development
City of Sunny Isles Beach ( RFQ #22-06-01 Continuing Services for Landscape Architectural Services CCI1206 2
i;
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Calvin, Giordano & Associates, Inc.
A SAKbullf COMPANY
Professional Landscape Architecture Services
r! The Landscape Architecture Department at CGA has a unique blend of qualified professionals who provide a variety of interests
and personal expertise as an underlay to our Landscape Architectural services. They are educators, community leaders,
activists, volunteers, artists, designers, LEED Accredited Professionals. This mix of talent allows us to provide our clients with
holistic, well-rounded design solutions that, beyond considering all the functional and implementation related issues needed to
be resolved, ensure a design product that, once built, will provide for longevity, experience, value, and unique identities essential
to establishing community branding. This is supported by our qualified, award-winning staff, including Registered Landscape
(� Architects with more than 60 years of collective professional experience and by a strong team of supporting experts.
t ; CGNs Landscape Architecture Department has considerable talent and ability within its ranks and has the added resources
within the company to provide all services — expected as well as unexpected — that may be needed during the course of
( any landscape architectural project. The Department has been able to successfully complete less traditional tasks, including
l applying for and obtaining grants to fund landscaping projects, such as Beautification grants for roadside landscaping for the
cities of Weston, Dania Beach, West Park, Miramar, Fort Lauderdale, Pembroke Pines, Pompano Beach, Tamarac, and Oakland
Park.
1 Customer satisfaction is our primary goal, whether a project involves development or redevelopment, inspection, reporting or
design, private client, or a public entity.
Z Our broad range of project experience Includes Comprehensive plans; Grant application preparation and processing; Historic
preservation; Hardscape design; Graphic design and presentation; Trail and open space design; Feasibility studies; Habitat
restoration;Vegetative delineations and assessments; Arborist and tree mitigation services; Invasive exotic vegetation monitoring;
Development of mitigation options with an opinion of probable cost; Wetland mitigation monitoring; Master Planning; Landscape
(� and site planning; Urban revitalization; Greenway and streetscape design; Recreational facilities design; Environmental impact
studies; Site due diligence; Environmental permitting and coordination; Natural resource; Wetland delineations and wetland
functionality assessments; and Wetland mitigation plans for land development projects
While Landscape Design Is a stronghold of our services, we also provide a broad array of project experiences. A few of
these include hardscape, greenway, and streetscape design; recreational and park facilities design; municipal landscape code
review and inspection.services; redevelopment master planning; arborist and vegetation services; and, of course, design and
(' development of planting plans for various conditions, including parks and open space, roadway and roundabout beautification,
!-. environmental mitigation, dune restoration, buffer creations, and site planting design.
CGA's Landscape Architecture Department has worked with City of Sunny Isles Beach staff on the design and construction of
the North Bay Road Pedestrian Bridge, the conceptual design forthe 174th Street Bridge Park, and urban design studies forthe
Sunny Isles Beach Town Center. This -'previous experience working with the City of Sunny isles Beach staff on these projects
shall serve us well if we are selected to design more parks, streetscapes, and urban design projects in the future under this
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CGA's Experience In Similar Project Scope and Complexity
Furthermore, we have reviewed the City of Sunny Isles Beach Capital Improvement Plan for the next five years and CGA has
vast experience with projects that are similar in scope to those being planned by the City of Sunny Isles Beach.
Our broad array of project experience includes:
Streetscape Design and Complete Streets:
• Weston Round-a-bouts/Traffic Circles — Four (4)
• Andrews Avenue — Complete Streets — Oakland Park
• Nova Drive — Complete Streets - Davie
• Davie Road Improvements — Phase 1 & 2 - Davie
• Pines Blvd. — FDOT Grants — Pembroke Pines
• SR Al A — FDOT Grants — Fort Lauderdale
• Sample Road — FDOT Grant — Pompano Beach
• Commercial Blvd. — FDOT Grant - Tamarac
Municipal Buildings and Facilities:
• Weston City Hall
• Weston Public Works Facility
• Delray Beach CRA — Fire Station
• Oakland Park— Public Works Facility
• Oakland Park — Fire Station #9
• YMCA/La Lee Miskel Comm. Center — Fort
Lauderdale
Municipal Waytinding and Entrance Signage:
• Weston Entry Features & Monument Signs
• Weston Custom Traffic Signs
• Doral Gateway Features
• City of West Park — Neighborhood Entrance Signs
• Dania Cove Park— Environ. & Educational Signs
• Rolling Oaks Park — Ped. Trail Signage, Miami
Gardens
Municipal Arborist Services:
• Weston Tree Inventory
• Lauderdale Lakes Tree Inventory
• Miami Beach Urban Forestry Master Plan
• Lauderhill — Continuing Arborist Services
• Oakland Park — Master Street Tree Pian
Custom Design Site Furniture and Transit Facilities:
• Weston Bus Shelters
• Weston Custom Waste & Recycling Containers
• Davie Road — Phase 3 — Custom Benches/Bike
Racks
• Joe DiMaggio Children's Hospital — Bus Shelters/
Street Lights
• City of West Park — Bus Shelters & Signs
Relevant Swimming Pool and Splash Pad Experience:
• 98th St. Comm. Park — Splash Pad, Bay Harbor
Islands
• Buccaneer Park— Splash Pad —Miami Gardens
• Bunche Park & Pool — Miami Gardens
Relevant Passive Public Park Renovation Experience:
• North Beach Oceanside Park, Miami Beach
• Overtown Park, Miami
• Peace Mound Park & Archaeological Site, Weston
• Library Park, Weston
• 92nd Street Community Park, Bay Harbor Islands
• Dania Cove Park, Dania Beach
• Emerald Estates Park, Weston
• Rolling Oaks Park— Pedestrian Trail, Miami Gardens
• 98th Street Community Park, Bay Harbor Islands
• Crandon Park, Key Biscayne.
• Windmill Park, Coconut Creek
• Provident Park, Fort Lauderdale.
• Bonaventure Park, Weston
• Dania Beach Dog Park, Dania Beach
• Lamar Louise Curry Park, Coral Gables
Relevant Active Public Park Renovation and Athletic Field
Experience:
• Oak Grove Park, Miami -Dade Co.
• 'Mlami Gardens -Parks Bond, Miami Gardens 1
• Tequesta Trace Park, Weston
• Regional Park -Field Conversions, Weston
• Vista Park, Weston
• Bamford Park—Field Conversions, Davie
• Mills Pond Park -Soccer Fields, Fort Lauderdale
• Patch Reef Park -Field Conversions, Boca Raton
Beach & Parks District
• Pine Island Park, Plantation
• Warfield Park -Sports Lighting, Fort Lauderdale
• 98th Street Community Park, Bay Harbor Islands
Design Guidelines:
• Weston - Landscape Maintenance Specifications
• Deerfield Beach — Arterial Roadway Design
Guidelines
• Deerfield Beach — Landscape Standards Manual
• Oakland Park—Landscape Design Standards
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Being that most of our practice has been in the public sector, CGA has acquired vast experience in a wide range of services that
the City of Sunny isles Beach might request under this contract. Some of these services include:
Project: Doral Boulevard Beau#ificalion Master Plan Project: Patch Reef Park — Baca Raton Beach A Parks
L.A Services Provided: District
• Urban Design plans/concept diagrams LA Services Provided:
• Renderings • Site master planning, analysis, and design
• Streetscape planning, analysis, and design • Active Park. design (3 multi-purpose, .synthetic turf
Project: Peace Mound Park - Weston f` ld
LA Services Provided:
• Site master planning, analysis, and design
• Tree survey
• Passive Park design
Irrigation design
• Construction drawings, bid specifications, and cost
estimates
• Construction Administration and Inspections
Project: Sunny Isles Beach Town Center
LA Services Provided:
• Urban Design pians/concept diagrams
• Renderings
Project: Lamar Louise Curry Park — Coral Gables
LA Services Provided:
• Site master planning, analysis, and design
•Passive Park design
• Irrigation design
• Construction drawings, bid specifications, and cost
estimates
• Construction Administration and Inspections
Project: Middle Beach Recreation Corridor — Miami Beach
LA Services Provided:
• Natural Resource planning, analysis, and design
• Tree survey
• Passive Park design
• Beach and dunescaping
• Florida Department of Environmental Protection -
Permitting
• Construction drawings, bid specifications, and cost
estimates
• Construction Administration and Inspections
Project: Pine Island Park Reconstruction - Plantation
LA Services Provided:
• Site master planning, analysis, and design
• Tree survey
• Active Park design (7 soccer fields —1 synthetic turf
& 6 grass)
• Irrigation design
• Construction drawings, bid specifications, and cost
estimates
• Construction Administration and Inspections
• Construction drawings, bid specifications, and cost
estimates
• Construction Administration and inspections
Project: Andrews Avenue — Complete Streets — Oakland
Park
LA Services Provided:
• Broward MPO Grant—Application and Administration
• Renderings
• Streetscape planning, analysis, and design
• Median and swale landscaping design
• Construction drawings, bid specifications, and cost
estimates
Construction Administration and Inspections
Project Commercial Boulevard — Tamarac
LA Services. Provided:
• FDOT - Highway Beautification Council Grant —
Administration
• Median and.swale landscaping design
• Irrigation design
• Construction drawings, bid specifications, and cost
estimates
• Construction Administration and Inspections
Project: Deerfield Beach — Landscape Design Standards
Manual
LA Services Provided:
• Development of design guidelines
• Renderings
Project: Lauderhill Arborist Services — Lauderhill
LA Services Provided:
• Building department plan and permit review
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General Civil Engineering Supporting Services
CGA has assembled a team of qualified professionals who have experience working with municipalities and completed
numerous projects of similar scope, who possess the diversity of technical skills required, and who have a full understanding
of the requirements and intricacies associated with the types of projects as listed in the scope of this Request for Qualifications
(RFQ). We have assembled a team that is fully committed to dedicating the necessary manpower, expertise, and attentiveness
to ensure that the City of Coral Gables meets its objectives through the provision of these services.
CGA staff works on a daily basis with a variety of municipalities throughout South Florida and since Its inception, CGA has
served as professional consultant to various municipalities throughout Florida. CGA has provided services to 83 municipalities
including, but not limited to, the Cities of Boca Raton, Boynton Beach, Hillsboro Beach, Plantation, Dania Beach, Hallandale
Beach, Weston, Pembroke Pines, and Fort Lauderdale; Town of Davie; and as well as Broward County Highway Construction
and Engineering Division. CGA has excellent client satisfaction; many of our client relationships exceed 10 years in length.
For these clients, CGA has performed consulting engineering for hundreds of projects both under and above the $4 million
construction cost threshold established by the Consultants Competitive Negotiation Act (CCNA). Our team. is equipped to
handle projects varying in nature and timeiine and understands the City's needs vary from city bridge rehabilitations and park - 1�
upgrades to utility infrastructure improvements including water, sewer, and stormwater upgrades.
CGA has multiple divisions that work seamlessly together: municipal, utility, land development, highway engineering,
surveying, and mapping, construction engineering and inspection, traffic engineering, planning, landscape architecture and a
GIS department. CGA has the capability internally and/or through the coordination of subconsultants to effectively design and
manage the projects the City needs completed per the RFQ. The Municipal Division serves as consultants or staff engineers
to various local, county and state governments. The Utility Division provides design and permitting assistance with projects
associated with water and wastewater infrastructure improvements. The Land Development Division performs civil site work
design applications for CGA's public and private sector clients including hospitals and developers. The Highway Division plans,
designs, and permits roadways ranging from tum lanes to divided thoroughfares. The following are some of the types of
municipal projects that we have successfully completed:
• Complete Street Improvements including paving and drainage;
• Streetscape and parking lots;
• Roadway design;
• Water Use Permits, both potable and irrigation;
• Stormwater management;
• Master planning and design; and
• Construction inspection and observation.
Municipal Engineering
CGA's staff has experience working alongside multiple municipal governments and staff, has experience attending Commission
Meetings as well as performing Planning, Engineering, and Traffic Site Plan Review Services. CGA has performed various
projects for municipalities from roadway improvements to complete park re -designs, from small landscaping projects to full
roadway reconstruction. Additionally, the CGA team has extensive experience with building/engineering permit plans review
as well as experience with assisting municipalities in obtaining grants or executing projects funded by grants with specific
time constraints or reporting requirements. We have successfully completed projects funded by Local Agency Project (LAP), i
funding, FEMA Hazard Mitigation Grant Program (HMGP) funds, County Incentive Grant Program (CIGP), Community Block'-.-'/'
Grant (CBD), and State Revolving Funds (SRF) and others.
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Roadway Engineering
CGA has provided engineering design, permitting and post design
services for numerous municipalities and the Florida Department
of Transportation (FDOT). These projects required design for:
(� milling and resurfacing, sign and pavement markings, gravity
l wall, sigriain
izatio, lighting, curb and gutter, sidewalk, safety
improvements, traffic monitoring site upgrade and installation, and
utility coordination including all above ground and underground
utilities. We have completed projects that involved widening of
the roadway, extensions of tum lanes, and construction of ADA
compliant sidewalks after the installation of new water mains,
[ sanitary sewer, and under grounding: of electrical power, cable
. television, and telephone. lines, curb and gutter, retention areas,
pollution retardant devices, and stormwater collection systems.
( Other .design projects involved upgrades to , roadways from a
l , two-:lane,rural section to a four --lane major collector, complete
streets improvements that included wider sidewalks, added bike
lanes and installation of new landscaped medians, which created
a safer environment for drivers and a more pedestrian friendly
environment. CGAs design experience coupled with knowledge
of local, state, and federal codes and. regulations, and positive
relationships with Local, state and federal permitting agencies
allows us to provide the expertise necessary to deliver an
exceptional solution to the City of Sunny isles Beach.
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Sustainability Awareness
CGA has a clear understanding of the City's vulnerabilities to the impacts of climate change. Climate change is a global issue
with regionally specific impacts. Of the many factors that may challenge community resiliency, climate change is a critical
force. At the City level climate changer
• Will bring varying precipitation patterns increasing the potentials for drought or flood;
• Has the potential to increased storm and hurricane intensity;
• Will cause prolonged periods of high temperatures threatening vulnerable members of the community and greatly
Increase energy use;
• Increases sea temperatures and ocean acidification compromising the viability of the offshore protective reef systems;
• Creates conditions to introduce and increase the presence of tropical diseases that had not historically been concerns;
and
• Is causing rising sea levels.
Due to the geophysical location and characteristics of the City, sea level rise alone has the potential to be enormously disruptive
and destructive both physically and economically. The challenges associated with the rising sea includes:
• Intrusion into the freshwater source for potable water;
• Increases in storm surges;
• Jeopardized viability of protective nearshore freshwater vegetative systems;
• Decreasing functionality of the stormwater drainage systems;
• Intrusion into stormwater and sewer systems where leaks occur in aging infrastructure;
• Flooding in neighborhoods and roadways; .
• Releases of contaminants, debris, or hazardous materials associated with flooding;
• Rising ground water elevations, and
• Loss of services and impaired access to Infrastructure.
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Resilience planning is challenged in that the porous geology does
not allow for protection from sea level rise just through the use
of levees or seawalls, the relatively flat topography increases
the area prone to flooding and subject to surge, the dense urban
development limits open space and green Infrastructure options,
the rising seas are impeding drainage of the regional flood control
system, and the protections provided by offshore reefs and
other marine systems are degrading due to ocean acidification.
Although the porous geology of south Florida does not allow
for protection from sea level rise just with levees or seawalls;
seawalls can however provide a level of protection from storm
surge, nuisance and seasonal high tide flooding, and short-
term elevated water levels In canals. CGA understands these
vulnerabilities and challenges.. With each project that is assigned,
CGA is committed to ensuring the most tangible and feasible
mitigation and adaptation strategies are incorporated into each
project to enhance the resiliency of the City to the impacts from
climate change.
Electrical Engineering
The CGA Electrical Department has broad, capabilities for the
infrastructure and the end use development for municipal,
C_ commercial, and industrial projects. The types of services
provided include:
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• Sports Lighting
• Street Lighting
• Area Lighting
• Energy Conservation
• Power Distribution
• Communication System Distribution
• Interior Lighting
• Telephone
• Cable TV
• SCADA
Construction Administration / inspection
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CGA has an outstanding in-house Construction Engineering Inspection Team with the training, certifications, and experience
to handle any roadway, bridge, building, park, or utility construction project, including urban roadway reconstruction, rural
widening or resurfacing, fixed and movable bridges, drainage, lighting and signalization, as well as landscape installation/
relocation inspection and maintenance monitoring services.
In addition, our team possesses the expertise to assist with numerous specialized construction services such as constructability
reviews, traffic control plan analysis, environmental services, public information, survey, utility coordination, schedule and
claims analysis, innovative contracting method recommendations, value engineering proposals, and innovative, project specific
special provision development to address unique technical or administrative aspects of a project. The CGA Team possesses
keen awareness of technical issues that will establish the management processes necessary to foresee and resolve issues
including:
• Leadership: Strong management, engineering, and technical skills as well as experience in similar urban projects, with
the ability to foresee potential conflicts and ensure their resolution does not affect the project budget and/or schedule,.
• Communication: Effective communication skills and a demonstrated ability to work with the City, the Contractor ands- - J
the Community through close and frequent communication with all project stakeholders
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• Coordination: Constant, diligent coordination among all project stakeholders is essential in order to maintain the
project schedule, minimize construction impacts, and gain public support
In addition, we believe a successful project begins with the following goals firmly established:
• Complete the project within 5% of the bid amount and 10% of the construction time
• Perform 100% of all required sampling and testing in accordance with the specifications
• Minimize. the number of project related complaints that reach the City
• Work with the contractor to ensure the highest standard of care is given to worker, pedestrian, and motorist safety
• Establish early communication and maintain coordination with Utility companies to ensure all existing facilities are
Identified, and establish an action plan to identify appropriate contacts and quickly resolve any issues if an unidentified
utility is encountered
• Perform timely inspection of all components and provide accurate, daily quantities of materials and work performed
r� Closely, monitor the Contractor's operations and minimize impacts to the traveling public
l , Provide up-to-date project status and schedule information to the City and relevant project stakeholders, as well as to
the traveling public, residents, businesses, emergency services and government entities that will be directly affected
(-� byconstruction operations:
i. Geotechnical Engineering
NUTTING ENGINEERS OF FLORIDA, INC. has been one of the premier geotechnical engineering firms in South Florida since its
inception in 1967. Prior this date work was performed under the name Nutting Engineers, Inc., which originated in 1956
preceded by H.C. Nutting in Miami from 1932 until 1956.
NUTTING's comprehensive.range of services include geotechnical exploration and engineering including soil borings and
groundwater well drilling, monitoring of pile installation, groundwork modification and chemical grouting procedures, quality
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control/ quality ass urance;testing of construction materials, structural inspections (special/ threshold) of structures.
Projecttypes include airports; seaports; roadways (improvements, widening, extensions, lighting, guard rails), bridges, parking
lots and garages, drainage systems, City halls and municipal buildings, parks, recreational facilities, hospitals, educational
facilities (K-12 and higher educational facilities) including auditoriums, stadiums/ sports facilities, water and wastewater
treatment plants, water storage facilities, courthouses, industrial parks, mining operations, shopping centers, residential
communities; hotels, assisted- living facilities, high-rise condominiums and office towers, and communication towers.
Structural Engineering Services
Structural Engineering services will be provided by Alan Gerwig and Associates, Inc. Alan has over 34 years of experience. He
has worked on the following structural design projects:
L' • Department Maintenance Facility, Broward County Aviation Department
• Public Work Building, Utilities and Engineering Division - City of Coconut Creek
L; Miramar Water Treatment Plan
• Montessori Academy Charter School
L• Three (3) - Story Building, Steel Joists, Tilt -up Walls
Police Training Facility
Familiarity with Permitting Agencies and Procedures
L; The agency -review process in South Florida often involves a complex number of overlapping jurisdictions. In addition, landscape
projects being reviewed are set in areas with. residential, retail/commercial, Industrial, and institutional property interests. This
requires a consultant with not only the technical knowledge and the ability to advocate on behalf. of the City, but also the
relationships with the agencies and:the sensitivity towards residents and property owners to guarantee a successful project
' on all fronts. You will find all those traits in CGA. We have worked extensively with Miami- Dade County Public Works, WASD,
Miami -Dade DERM, FDEP, FDOT District VI, and the Army Corps of Engineers.
For most.of our government -sector work, we have been responsible for all permitting associated with the projects we have
- developed for our clients. In that capacity, we have planned and organized the construction plan's submission, approval,
and permit issuance procedures. That has included managing and overseeing the construction application approval process;
LCity of Sunny Isles Beach I RFQ #22-06-011 Continuing Services for Landscape Architectural Services CCP
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handling difficult and complex review problems; conferring with
project owners and developing a permitting strategy and timeline;
and monitoring, tracking and following-up on the completion and
progress of on-going permit processes. CGA's also has dedicated
staff that specifically provide building department plans reviews,
including reviewing plans against standards of the Florida
Building Code, National Electric Code, ADA, Fire, etc. The team
of dedicated staff work in support of design professionals, as
in-house 3rd party reviewers, and as plans reviewers for specific
municipalities.
We can deliver these services because we possess a very good
understanding and familiarity of construction -related codes and
ordinances, knowledge of construction technology and code
regulations, proficiency with related software applications, and
a thorough knowledge of regulatory compliance. In addition, we
l ; maintain an on- going working relationship with several agencies.
Depending on the level of integration that the Client needs, CGA
can assist with the following specific permitting -related tasks:
1. Supporting clients with all the processes related to the
permits.
` 2. Performing code research and analysis.
3. Preparing and submitting the required documents to
receive the permit.
4. Researching public documents and online databases for
coordination needs. .
5. Monitoring the status of submittals and addressing any
further issues from the agency.
6. Scheduling and coordinating inspections for construction
Installations.
7. Coordinating research of permit expiration and violations.
8. Coordinating permit close-out processes.
((� In addition, we have an unrivaled experience working on behalf
L� of, and for, Municipal clients as the agents advocating for their
interests in dealing with the following agencies:
' Miami -Dade County DERM
Tree relocation, removal and mitigation permitted through DERM
by an inexperienced consultant can be timely and a convoluted
L' process. CGA has successfully permitted plans through DERM for
private clients, as well as municipalities including Miami Beach;
Surfside, North Miami, Palmetto Bay, Miami Gardens, Bay Harbor
Islands, and various Miami -Dade County Departments.
L Streets and Roadways
Streets and Roadways constitute one of the largest opportunities
forinfrastructure landscape enhancements and having aconsultant
L that is well -versed in FDQT's and Miami -Dade County's Traffic and
Public Works' standards and policies is imperative to providing
Innovative solutions and workable alternatives to complex spatial
L constraints. CGA has had this experience by conducting most of
its work within livable communities and within urban conditions.
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We have among our ranks valuable experience to ensure that a risk management approach is taken on from the onset to avert
conflicts, provide solutions, minimize change orders, and ensure that products conveyed to the community and the public are
implementable and can effectively be delivered.
Waterways
As with streets and roadways, multiple permitting jurisdictions could potentially be involved with any waterway improvement
project. Although the City is mostly built out, there could remain some environmental issues associated with canal improvement
projects. Permitting through the City and Miami -Dade DERM would be required, and if the waterway were deemed navigable, the
permitting could include the Army Corps of Engineers (ACOE). We understand what these Issues are and how to successfully
permit them through to completion.
Landscape at the Local Levels
As municipal consultants, where we not only propose landscape improvements but also draft codes, review landscape
plans for code compliance, and conduct landscape Inspections, we are well versed in understanding what are the non-
negotiable components of making plans work at a local level. Ensuring that the community is well -served with shaded walkable
environments; that we are minimizing water consumption; positively affecting stormwater treatment; and enhancing the overall
quality of fife of the residents are all of the values we can deliver while being cognoscente of local codes and their parameters.
City of Sunny isles Beach i RFQ #22-06-011 Continuing Services for Landscape Architectural Services CCN 21
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Unique and Extraordinary Skills or Qualifications
j� The CGA Difference
1 ; During this process, the City will receive multiple responses from licensed, insured and qualified firms. Many engineering firms
can obtain a license, Insurance, and a handful of clients; however, it takes an Exceptional Staff managed by a dedicated leader
to maintain a high level of standard.
l j Cutting Edge Technology
At CGA, it is important to provide the best end user experience for our clients. In order to provide cutting edge services, we have
(�! Implemented systems company -wide that streamline processes or add value to our clients. These systems include:
1 • State of the Art Surveying Equipment: Trimble GPS Units (Base to Rover and RTK), Trimble X7 Laser Scanner, and
Aerial Drones
(� • INKforceTm, a GIS based mobile application for Code Enforcement Tracking (CET), Building and Permitting Tracking
l ; (BPT), Fire Inspections Tracking (FIT), Planning and Zoning (PNZ) and Business Tax
• Receipts (BTR) (http://live.inkforce. net);
• Fleet of 145 new vehicles equipped with mobile computing systems and GPS trackers;
• In-house software development team that is capable of customizing software's to meet the ever-changing needs of
our clients;
• Ajera Project & Resource Management System;
• Primavera and Microsoft Project scheduling software; and
• Bluebeam, AutoCAD, ICPR.
' We pride ourselves on obtaining and mastering new technology ahead of our competitors, which enables us to provide an
Exceptional Service to our clients. -
CGA utilizes Ajera to manage the full project lifecycle of each project. As one of our project management tools, the system;{ j
controls all aspects of the project including accounting, project management, and resource utilization in real-time. This system
Is web- based allowing both internal and remotely placed employees full function capabilities via any Internet connection. The
system not only keeps a "live" accounting of all of our projects budgets, earned to date, work in progress and estimate to
complete, but it also allows.Project Managers to assign and resource load our staff and projects. The image on the following
page is an excerpt from the staff assignment screen, which allows two-way communication between staff and managers
(i regarding the project status and individual workload.
1.� Staff Certifications and Achievements
Our only asset which could surpass our technology Is the knowledge and experience of our in-house Staff. We currently employ
over 370 employees who provide 22 distinct services, all of which are located in the tri -county area. A large number of our staff
have worked for municipal governments and have been licensed contractors prior to entering their careers in the private sector.
This mixed experience allows our team to envision and avoid areas of concerns prior to them becoming issues. The highlights
( of these employees are shown below:
1s
• 21 Professional Engineers
• 71 Licensed Contractors
• Over 50 NIMS Certified
• Over 50 FEMA Certified
53 BORA Certified
U 8 LEED Accredited Professionals
• 3 Licensed Landscape Architects
1 6 Certified Arborist
U 2 Flood Plain Managers
f } Over 15 OSHA Certified �`
�S 12 AICP Certified Planners
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Resources and Capabilities with Respect to Scheduling Cost Control, Quality Control and Project Coordination with
(� Subconsultants
l ; CGA recognizes the Importance of providing Clients with quality jobs that meets the agreed schedules and project budgets.
The CGA team has a proven record of completing projects :on or ahead of schedule and within budget. Our understanding
(-i of scheduling and budget- requirements as well as overall procedures, preferences, and standards has been acquired and
I j perfected over our long history working with municipal client on critical projects. The following are key components that ensure
success for every CGA project:
Clear expectations for scope; schedule, and budget
( Project controls to maintain project schedule and budget
• Assignment of personnel to effectively handle all tasks and maximize efficiency
At CGA, a key exercise, performed in the.kick-off meeting, Is finalizing the schedule and identifying our key risk factors. This
Involves the complete team and includes each discipline and responsible team member. We focus on task critical functions
based on each discipline's knowledge area. The complete involvement emphasizes schedule awareness and complete team
buy -in.
With the schedule distributed to the team, the project manager closely tracks individual task and updatesj progress. ect ro If
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circumstances occur that have the potential to cause delays, the project manager is authorized to assign more resources to
the project. if delays are permitting or administrative in nature, the project manager will revise the schedule considering the
I potential risk of continuing forward with a design without final project approval. Such a situation will be presented to the City to
determine If the delayed tasks can proceed based on the anticipated outcome of the third -party approvals processes.
J The CGA Team understands that a. schedule Is intended not only for the consultant, but also for the City to coordinate their
1 resources for reviewing submittals and for reporting to other City staff and Departments.
Project Budgets are controlled by consistent review throughout the design i'rfe of a project. Additionally, CGA's Quality
Ci Assurance/Quality Control process requires cross discipline and Independent reviews at each milestone. At the 60% and
up until bidding, the project will undergo a "constructability" review by the director of construction services or construction
engineering Inspection services, depending on the type of project.
The approach to .controlling project budgets, is to identify if the budget is sufficientfor the scope of work being requested at the
beginning of a project and track the budget throughout the lift of the project. CGA will work with the City to understand the basis
of the budget number to help ensure that additional scope Is not added without consideration on how this affects the budget.
( With each design milestone, cost estimates will be prepared for comparison to the budget. The unit prices in the. cost estimates
are constantly being updated with the best available information at that time and are subject to change even when additional
scope is not added due to variation in the construction industry. If a project is in jeopardy of being over budget, immediate
attention is provided to address why and determine what steps need to be taken.
The CGA Team's goal is to provide the Citywith a high-quality project by meeting the City's schedule and budget requirements,
as well as, assign the most qualified and dependable staff to carry out the work required under this Contract. The CGA Team
values the importance of meeting milestone.. dates, review dates, and final submittal dates. Overall, the CGA team has the
resources, skills, leadership and desire. to deliver a successful project on-time and within budget to the City.
I;
_,► I �85� Calvin, Giordano & Associates, Inc.
X A SAFEbultf COMPANY
Quality Assurance/Quality Control (QA/QC)
CGA's QA/QC process is an ongoing evaluation of all project decisions and deliverables produced during the entire life of the
project to ensure compliance with the highest professional standards, contractual obligations and commitments. All team
meetings will address quality by measuring our progress against the client's needs and expectations, as well as ensure that all
product, technical, budget and/or schedule requirements are met.
' CGA performs QA/QC of the plans and specifications at 30%, 60%, 90%, bidding phases, and prior to issuance of final
Construction Documents. At each of the project progress levels, the design plans and specifications are first reviewed by
the EOR for Quality Assurance and then routed for Quality Control review by the CADD Manager, an Independent Professional
Engineer, the Construction/CEI Director, and the Quality Control Director. The comments are addressed and responded to prior
to next milestone of the project. Responses to each comment are controlled by color -coding on the plans to determine which
comments have been addressed or not and if they. have not been addressed, a response stating why is marked directly on the
I ; set. During the subsequent review, the previous comments/responses and a revised set are routed through the same process.
By involving the whole team in the entire project quality process, a sense of ownership develops, which keeps team members
focused on quality throughout the entire project. CGA also submits plans and specifications to the client for their own review
' and response after performing the cross -discipline review of the designs. The constructability review performed by a member
of the CEI department specifically ensures that the plans make sense from a construction perspective and is intended to
minimize potential problems in the field during construction. CGA's QA/QC process intends to reduce the risk for construction
1 change orders, errors/omissions and ensures that the construction documents are biddable and constructible.
y Our multi -disciplinary approach, in-depth experience, and broad range of services enables us to effectively and seamlessly
coordinate with our clients, other disciplines and consultants, and the multitude of public and private agencies necessary to
keep our projects on track and on schedule. As part of efficiency in the design process, the CGA team sets up pre -application
�! meetings with the review agencies and gets feedback early In the design process, particularly with regards to drainage and
environmental permitting. The Environmental staff will work closely with the design team to ensure impacts to natural resources
are avoided or minimized while still achieving the Client's vision with constructible and permit -able plans to avoid delays with 1
jthe permitting agencies. Environmental staff will conduct benthic and other resource inspections within the time frames requiredj(
by the jurisdictional agencies to ensure acceptance of the report(s) by the agencies. Permitting should begin as soon as initial'
design plans are available forthe approved design. CGA will also run permitting through multiple agencies concurrently to avoid
delays. Submitting application packages that are complete, concise, well organized and address all the specific issues of the
permitting agency avoids processing delays. It is important to maintain constant communication with the application reviewers
and immediately respond to any questions or comments they may have.
(� As part of the overall Quality Control process, CGA also requires a Basis of Design Report (BODR) to accompany each project.
l This living document tracks all design decisions through the life of the project with references to the specific code section,
page, and version. Additionally, the BODR houses the "Issue log" previously discussed in this response as well as reference
to the conflict matrix. The BODR also contains checklists for each QC submittal to ensure that the appropriate information
is submitted at each phase. The BODR is then routed with the QC submittal so the reviewer is provided with documentation
and history on the project design decisions and background. This helps the efficiency of the overall process by reducing the
amount of general questions from the reviewers, predominately the Independent review and the CEI reviewer as they are not
J involved with the project every step of the way.
As noted previously, CGA will provide the County with a project specific Quality Control plan with each work authorization. sothere
Is a full understand by both the County and the project team of the process to be followed for each specific project. CGNs file
structure allows for accurate record keeping of all documents transmitted as well as email correspondence. Additionally, CGA
-� scans each set of QC marked -up plans and responses and. saves them to the project file for future reference and coordination.
CGA firmly believes in sound, "hands-on" project management and the. quality assurance/quality control programs as a means
to ensure that the client receives the desired service and product. CGA takes pride in its efficiency and responsiveness when
undertaking any project, regardless of the magnitude of the services. We strive to develop a relationship with our clients by
listening to their needs. By fully identifying the needs of the County, an effective service and product can be provided with
Lminimal modifications.
LCity of Sunny Isles Beach I RFQ #22-06-011 Continuing Services for Landscape Architectural Services CCN 218.4
P11
M I 85 Calvin, Giordano & Associates, Inc.
A SAFEbullf COMPANY
Employees by Disciplines
Discipline No. of Employees
n
Administrative
74
(�
Biologist/indoor Air Quality
1
CADD Technician
5
Chemical Engineer
1
Civil Engineer
19
Construction Inspector
28
! 1
Electrical Engineer
1
Environmental Scientist
1
'
Environmental Scientist - Field Crew
1
f
Geographic Information Specialist
10
l
Land Surveyor
1
.f �.
Land Surveyor- Field Surveyors
7
�..
Landscape Architect
3
L•s
Landscape Designers &Inspectors
2
Planner: Urban / Regional
9
(
l.1
Project Manager
1
Sanitary Engineer
1
LTransportation
Engineer
2
Code Enforcement Specialists
16
�..7
Permitting Specialists
26
Other Employees
184
L
Total
393
Lf
Key Personnel's Office Location
Fort Lauderdale
Tammy Cook Weedon, ASLA, PLA, LEED AP BID +C
Michael Conner, ASLA, PLA, ISA
Gianno Feoli
Dominic Mack, III, ASLA, PLA
Alan Gene Stratton AICP
Marcos Mendoza
Bill Tesauro
Hien Nguyen
Jeanne Martinelli, PE
Jorge Cervantes, PE
Drew Lindemann
Miami
Silvia Vargas, FAIR, LEED AP
-� City of Sunny Isles Beach i RFQ #22-06-01 1 Continuing Services for Landscape Architectural Services CCN 219