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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". @BCL@AC09613C.doc Page 1 of 2 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) @BCL@AC09613C.doc Page 2 of 2 {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. Authorized City Representative's Initials: Authorized Consultant Representative's Initials: NARK 2 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 Authorized City Representative's Initials: 6SA Authorized Consultant Representative's Initials: MDK 3 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. Authorized City Representative's Initials44 Authorized Consultant Representative's Initials: aK 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, 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 Authorized City Representative's Initials:6v Authorized Consultant Representative's Initials: MDK 5 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 Authorized City Representative's Initials: Authorized Consultant Representative's Initials: P?DK 0 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. Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 10 DK 7 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, Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 14DK 0 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 Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 17 D K 9 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 Authorized City Representative's Initials:4h 10 Authorized Consultant Representative's Initials: MDK 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 Authorized City Representative's Initials Authorized Consultant Representative's Initials: MDK 11 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. Authorized City Representative's Initials. 6 Authorized Consultant Representative's Initials: MDK 12 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 Authorized City Representative's Initials: 4A Authorized Consultant Representative's Initials: MDK 13 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. •' '' :.,gip F 'eye a>>w P LO X ge 0 °to. {YM 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 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 Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 1 184 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. Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 2 18° ft l 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 Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 3 186 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. Authorized City Representative's Initials: Authorized Consultant Representative's Initials: . 4 181 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 Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 5 188 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 Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 6 189 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 Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 7 190 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, Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 8 191 includingendorsements described herein. The requirements contained herein, as well as 4 ` q 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 Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 9 192 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 Authorized City Representative's Initials: 10 Authorized Consultant Representative's Initials: 19: 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 Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 11 194 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. Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 12 19° 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 Authorized City Representative's Initials: Authorized Consultant Representative's initials: 13 196 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 Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 14 197 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. Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 15 198 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 Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 16 199 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 Authorized City Representative's Initials: Authorized Consultant Representative's initials: 17 200 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 Authorized City Representative's initials: Authorized Consultant Representative's Initials: 18 201 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 Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 19 202 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: 20 203 P, I Fil, ) Building Code Services Civil Engineering / Roadway & Highway Design Coastal Engineering Code Enforcement Construction Engineering & [Inspection (CEI) Construction Services Data Technologies & [j Development Electrical Engineering Engineering ? Environmental Services } Facilities Management Grant Management & i Writing J Geographic Information Systems (GIS) �Governmental Services J Indoor Air Quality (IAQ) Landscape Architecture i? Planning `-� Project Management Redevelopment & Urban Design Surveying & Mapping ltansportation & Mobility Transportation Planning I Water/ Utilities Engineering ( Website Development 1� �1 1800 Eller Drive I Suite 600 Fort Lauderdale, FL 33316 Tel: 954.921.7781 II Fax 954.921.8807 l..j www.cgasolutions.com 1 t: 851 Calvin, Giordano & Associates, Inc. nW fir A SAFEbuilf COMPANY f� 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, r vtnw WWI President r, CCM . 205 r F", r' r r r I'. LJ I I J L (�85� Calvin, Giordano 6 Associates, Inc. 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; _. I tV 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 r' P, r u _. 106) Calvin, Giordano & Associates, Inc. A SAFEbultf COMPANY 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 1 City of Sunny Isles Beach I RFQ #22-06-01 1 Continuing Services for Landscape Architectural Services CCN 208 4 rl n 0 85 Calvin, Giordano & Associates, Inc. A SAFEbu(tt COMPANY 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 City of Sunny Isles Beach i RFQ #22-06-01 1 Continuing Services for Landscape Architectural Services CCN 209 it rill [-I L.� c IJ L' L' is r 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. City of Sunny Isles Beach i RFQ #22-06-011 Continuing Services for Landscape Architectural Services ON 210 6 Calvin, Giordano & Associates, Inc. A SAFEbullf COMPANY 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. 1-.'j' is c �J L 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. City of Sunny Isles Beach i RFQ #22-06-011 Continuing Services for Landscape Architectural Services CCS 211 r r C r r r f. M 1 Calvin, Giordano £r Associates, Inc. A SAFEbullf COMPANY 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: i. L'i • Sports Lighting • Street Lighting • Area Lighting • Energy Conservation • Power Distribution • Communication System Distribution • Interior Lighting • Telephone • Cable TV • SCADA Construction Administration / inspection 4� 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 U City of Sunny Isles Beach j RFQ #22-06-01 I Continuing Services for Landscape Architectural Services CCN 212 B 1 Calvin, Giordano 6 Associates, Inc. ' A SAFEbuitf COMPANY • 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 l 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 213 1; Calvin, Giordano & Associates, Inc. A SAFEbullt COMPANY 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. C City of Sunny Isles Beach I RFQ #22-06-01 I Continuing Services for Landscape Architectural Services CCN 214 ) pit r; l.; r l� J ril L ki L L L L Q-9Calvin, Giordano & Associates, Inc. A SAFEbuilf COMPANY 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 ri Calvin, Giordano & Associates, Inc. A SAFEbullt COMPANY i 1 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 U City of Sunny Isles Beach i RFQ #22-06-01 i Continuing Services for Landscape Architectural Services CCA 216 2 1; 85�Calvin, Giordano & Associates, Inc. A SAFEWIC COMPANY 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 p 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