Loading...
Res No 038-20-15478RESOLUTION NO: 038-20-1 5478 A Resolution authorizing the City Manager to enter into a multi -year piggyback agreement with Calvin Giordano & Associates, Inc. for General Planning Services. WHEREAS, the City requires General Planning Services to enhance the City's ability to undertake annexation studies and other complex projects related to land development; and WHEREAS, the Town of Cutler Bay, through a competitive process, solicited quotes for General Planning Services; and WHEREAS, as a result of the competitive process, the Town of Cutler Bay awarded a contract to Calvin Giordano & Associates, Inc. for General Planning Services; and WHEREAS, the City South Miami wishes to piggyback onto the Town of Cutler Bay contract with Calvin Giordano & Associates, Inc., with the same terms and conditions, for a contract term not to exceed five (5) consecutive years; and WHEREAS, the fees for the annexation study and other General Planning Services shall be charged to Account No. 001-1620-524.34-50, Contractual Services. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is authorized to enter into multi -year piggyback agreement with Calvin Giordano & Associates, Inc. for General Planning Services for a term that shall not exceed five (5) consecutive years. A copy of the Agreement is attached. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 5. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17t' day of March, 2020. Page 1 of 2 ResolutionNo. 038-20-15478 F.160M 0 I cvwu CITY dLERK READ AND *PPROVED AS TO FORM, COMMISSION VOTE: 3-2 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Gil: Yea Commissioner Harris: Nay Commissioner Liebman: Nay Page 2 of 2 Agenda item No:5. City Commission Agenda item Report Meeting Date: March 17, 2020 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to enter into a multiyear piggyback agreement with Calvin Giordano & Associates, Inc. for General Planning Services. 3/5 (City Manager -Planning Dept.) Suggested Action: Approval Attachments: Cover Memo CGA Agreement Planning Services.docx Resolution Calvin Giordano General_Planning_ServicesCArev.docx Professional Service Agreement.pdf SunBiz registration. pdf MDBR Ad.pdf MH Ad. pdf 1 ( (e South Miami THE C TY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor and Members of the City Commission VIA: Steven Alexander, City Manager FROM: Jane K. Tompkins, AICP, Planning Director Date: March 17, 2020 SUBJECT: A Resolution authorizing the City Manager to enter into a multi -year piggyback agreement with Calvin Giordano & Associates, Inc. for General Planning Services. BACKGROUND: The City periodically requires the services of a planning consultant to supplement and assist Staff with a variety of projects, such as annexation studies. The City wishes to piggyback onto a Town -of Cutler Bay contract for General Planning Services with Calvin Giordano & Associates, Inc. The Town of Cutler Bay, through a competitive process, solicited quotes for general planning services and awarded a contract to Calvin Giordano & Associates, Inc. The same terms and conditions within the Town of Cutler Bay contract will apply, and the term will be for five (5) years. AccoUNT: Fees for these services will be charged to Account No. 001-1620-524.34-50, Contractual Services, which has a current balance of $109,935. Attachments: d Draft Resolution a Piggyback Agreement, Calvin Giordano & Associates, Inc. 2 JM C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL @t�A80C7C93\@BCL@A8OC7C93.docx CONTRACT FOR GENERAL PLANNING SERVICES w THIS AGREEMENT made and entered into this day of E 1,.,92t1' L by and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereinafter referred to as `City) and CALVIN, GIORDANO & ASSOCIATES, INC., (hereinafter referred to aS "Contractor" whose address is 1800 Elder Drive, Suite 60U. Ft. Lauderdale. FL 33316 and whose email address is selchaerAcuasotutfoas.com WITNESSETH: WHEREAS, the TOWN OF CUTLER DAY solicited bids pursuant to M #xfor GENERAL PLANNING SERVICES; and WHEREAS, the 'x'OWN OF CUTLER BA'Y, after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS, the City of South Miami desires to utilize the TOWN OF CUTLER BAY Contract with Contractor; and WHEREAS, the City is authorized, pursuant to the City of South Miami's Charter, to piggyback off of contracts, such as the contract in question between ,TOWN OF CUTLER BAIL and Contractor, that were entered into in accordance with a solicitation process that is at least as vigorous as that of the City of South Miami; and NOW, THEREFORE, the City and the Contractor, each through their authorized representativelofficial, agree as follows: 1. The City desires to enter into a Contract, under the same provisions as set forth in the contract between TOWN OF CUTLER BAY and Contractor pursuant to RFO #1746 as modified by this Agreement. 2. The City has reviewed the contract between TOWN OF CUTLER BAY and Contractor and agrees to the provisions of that contract which shall be applicable to a purchase order to be issued by the City and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such goods and/or services, pursuant to the City's purchase order trade during the term of this Agreement, under the same prices), terms and conditions as found in the solicitation documents, the response to the solicitation, and the Agreement/Contract and/or the Award, pertinent copies of which are attached hereto as Attachment A and made a part hereof by reference. 3. All references in the contract between TOWN OF CUTLER. BAY and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of TOWN OF CUTLER. BAY, as set forth in the contract between TOWN OF CUTLER BAY and the Contractor, shall all be made by the City Manager for the City of South Miami. Notwithstanding anything contained in the TOWN OF CUTLER BAY RFO #17-06 and the contract between TOWN OF CUTLER BAY 1 Ofa9 and the Contractor to the contrary, this Agreement shall be governed by the laws of the State of Florida and venue for all, dispute resolutions or litigation shall be in Miami -Dade County, Florida. 4. Term. The term of the contract, including all extensions authorized by the contract shall not exceed five years. 5. Scope of Goods and Services. The scope of goods and services (which may hereinafter be referred tea as the "Work") are set forth in the attached Attachment A and any attachments thereto and the City's purchase order, the tatter of which shall take precedence. The Contractor has agreed to deliver the goods, if any, and perforce the services, if any, in a workman like manner and in accordance with all state, county and City laws, at the locations, if any, designated by the City. All of the goods and services reflected in. Attachment A shall, unless otherwise stated in the Attachment A or B, be delivered, if good, and commenced, if services, within NIA days from the date of the execution of this Agreement. The Contractor shall obtain and pay for all permits required for the goods and services rendered, if any, with the exception of permits fees charged by the City, said fees shall be waived. 6. Contract Price. The contract price for the good and services is set forth in Attachment A or B. If not otherwise set forth in the contract between TOWN OF CUTLER BAY and the Contractor, the Contractor shall be paid upon delivery of all the goods, if any, the completion of all the services, if any, and after final inspection and approval, by the City, that approves of the goods delivered, if any, and the services performed, if any. 7. Precedence. The term, provisions and conditions of this Agreement shall take precedence over the terms, provisions and conditions of the contract between Contractor and TOWN OF CUTLER BAY. & Grmt Funding: This project is being funded by N/A and Contractor agrees to comply with all the requirements of that Grant, applicable to the delivery of the goods and/or services that are the subject of this Agreement, and that are within its power to provide and to provide all the documentation within its control that is required for the City to be able to recover as much of the contract price that is available pursuant to the term of the grant. A copy of the grant, ifif--- n is attached hereto and made a part hereof by reference. 9. Pnblie Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subconftw% for this Project and shall: (a) Deep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter 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 contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon 2 of 49 completion ofthe contract. transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt fri)m public records disclosure requirements. lfthe contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency. upon request from the public agency's custodian of public records. in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S I)UI'V 'I'O PROVIDE: PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: n a ynesouthmiamill.gov; 6130 Sunset Drive, South Miami, FL 33143. 10. Waiver Jury Trial: City and Contractor knowingly. irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action. proceeding, or laMasuit arising out ofthe Contract Documents or the perrormance of the Work thereunder or any counterclaim, cress -claim or third party claim tiled in the same proceeding. 11. Notices: Whenever notice shall be required or permitted herein. it shall be delivered by hand deliverv. e-mail (or similar electronic transmission). facsimile transmission or certified mail %%ith return receipt requested and shall be deemed delivered on the date shown on the e-mail or deii%ery confirmation far anv facsimile transmission or, ifby certititd mail. the date on the return receipt or the (late shown as the date same was refused or unclaimed. If ]land delivered to the CITY, a copy must he stamped with the official CITY receipt stamp showing the elate of delivery. otherwise the document shall not be considered to have been hand delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e- mail) or facsimile transmission nuttZbers set forth bolo« or in the introductory paragraph to this contract: To CITY: City Manager, 61 30 Sunset Dr. South Miami. FL 33143 Tcl: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander'u:southiniatnifl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami. FL 33143 Tcl: (305) 667-2564 Fax: (305) 341-0584 F-;lea?l: t'7tre(:1;5i)Ell�"1Tl;luii�ltl.<?iit 3 of 49 12. Validity of Executed Copies: This Agreement may be executed in several counterparts, each of which may be construed as an original. 13. Attorneys' Fees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof; each party shall bear its own costs_ and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 14. indemnifieation: Notwithstanding anything contained in the contract between Contractor and TOWN OF CUTLER SAV to the contrary. the City does not waive its sovereign immunity granted by Florida Statutes, Section 768.28. and the City's tort liability shall be limited to the waiver of sovereign immunity provided for in Section 168.28. 15. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be atTected thereby and each term and provision of this Agreement shalt be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials on or before the day and year first abot•e written. ,7 C.AL`1'V�.rr`�`;� 1N0 & ASSOCIATES, INC.: J r By: (type Warne and title of signatory above) ATTEST: Rv. � j P, N ken a Payn, . C M C City Clerk CITY OF SO 1 i IAMI By: Ste%ven Alexander City Manager Read and Approved wi to Form, Language, Legality anti Execution Thereof. By. Thomas F. Pepe City Attorney 4 of 49 INSURANCE & INDEMNIFICATION REQUIREMENTS GENERAL PLANNING SERVICES PIGGYBACK AGREEMENT GENERAL PLANNING SERVICES Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to lrmuw a and Indemni0cWon requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the RRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them way be liable. K No insurance required by the CITY shall be issued or written by a surplus fares carrier unless authorized In writing by the CITY and such authorization shall be at the CFTY's sole and absolute dhaadom The RRM shall purchase Insurance from and shad maintain the insurance with a company or companies lawfully authorised to sell Insurance In the State of Florida, on forms approved by the State of Florida. as will protect the FIRM, at a minimum. from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of then, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability bent and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupartienal sickness or asses% or death of the FIRM employees; (c) claims for damages because of bodily in wyr sidamw or disease, or death of any person other than the F1IRM's employees; (d) claims for damages Insured by usual person injury [lability coverage; (e) claims for damages. other than to the Work Itself, because of injury to or destruction of tangible property, including ions of use resulting there from: @ claims for damages because of bodily, Injury, death of a person or property damage arising out of ownership. maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arcing out of completed operations; and (h) dalms involving contracaral liability insurance applicable to the FIRM's obllgatiens under the Contract. Fire's hssurance Gapwo ly. The FIRM sisaiF provide and maEraain in forte and effect until all the Work to be Performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the Insurance coverage written on Florida approved forms and as set forth below: Mdwn! Qmpmadge InsIns== at the statutory amount as to all employees in compliance with the "Workers' Compensation Lai" of the State of Florida including Chapter 440, Rorida Statutes, as presently written or hereAw amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amounn The FIRM shall further Insure that all of Its Subcontractors maintain appropriate levels of Worker's Compensation Insurance: CornmereW Q=rehensive Generef Lrahitdv insurance with broad form endorsement; as we0 as automobile liability, completed operations and products liability, contractual liability. severabiiity of interest with cross liability provision, and personal Injury and property damage liability with limits of $1,000,000 combined sine llrrdt per occurrence and $2,000.000 aggregate, Including; • Personal InArry: $1AM000; • Medical Insurance; $5.000 per person; • Property Damage: $500,000 each occurrence; Urrrbrala Carnmewaiai Comprehena lve Genera! Lam_ r Insurance shall be written on a Rorida approved form with the sense coverage as the printery hwarance polity but In the eincunt of $ OWN per claim and $ZOM000 Anmral ate. Coverage must be afforded on a form no more restrictive than the latest edition of 5 of 49 she Comprehensive General Liability policy, without restrictive endarsemenM as Bled by the Insurance Services Office; and muse includes (a) Premises and Operation (b) Independent Contractors (c) Products mWor Completed Operations Lazard (d) Explosion. Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Cong:4 including any Bold harmless andfor Indemnification agmmem (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to time required for Bodlly Injury Liability and Property Damp 1.1abilky. Rusiness Aautomobiie LabI' with minimum Emits of One Million Dollars ($ I,WD,8W.00) plus an additional One Miaion Dollar ($ I.W0,000,00) umbrella per occurrence combined single Unit. for Bodily Injury Liability and Property Damage Liability. Umbrella 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 with the state of Ror lda. and must include: (a) Owned Vehicles. (b) Hired and Non -Owned YehWa (c) Employers' Non -Ownership ftbeentragm The FIRM gees that I€ any part of the Work under the Contract Is sulk, the subcontract shall contain the same insurance provision as set forth In these insurance and indemrdficadon requirements, other that► the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word RRM where W11cable. Fire and Extended Cw-wMa. Immmn ee uildere ,BW& IF APi LICARI�.Es A. In the overt that this contract Involves the construction of a structure. the CONTRACTOR shall maintain, with an lnsurance Company or Insurance Companies acceptable to the CITY, "Broad" fonmlAll Risk Insurance on buildings and structures. Incitubg Vandalism R Malicious MIWW coverage. while In the course of construction. Including fowuhdorus, additions, aaachmen s and all permanent fixtures belonging to and consdamitg a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery Is Included In the Contact; or if the machinery is located in a building that Is being renovated by reason of this cow act. The amount of insurance must; at all times, be at least equal to the replacement and actual cash value of the Insured property. The policy shall be In the name cf the CITY and the CONTRACTOR. as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage union it would be clearly not applicable Mlszmumens: A. If any notice of cancellation of Insurance or change In coverage Is Issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contact, the FIRM shall be rile for securing odw acceptable frts,,a ance prior to such cancellation, dw%% or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be dedared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shag eliminate or reduce such deductible or the FIRM slap procure a Bond. In a form satlsfaaory to the CITY covering the same. C. The policies shall contain waiver of subrogulon against CITY where applicable: shall expressly provide that such policy or policies are primary ever any other collectible insurance that CITY may have, The CITY reserves the rl& at any time to request a copy of the required policies for review. All policies shall contain a "severabrty of iteterese* or "cross IiablW clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to Indemnify the City as provided In this Agreement. D. Before starting the Worm the FIRM shall deliver to the CITY and CONSULTANT edtiftates of such insurance. acceptable to the CITY. as well as the insurance binder, If one is Issued, the Imrance poky. including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The htsumr 60149 shall be rated A.VII or better per A.M. Seses Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and eft for the duration of the contract period with the CITY. The FIRM may be required by the CITY. at Its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsemenm In addition, the FIRM shall deliver, at the time of delivery of the Insurance certificate, the foltowing endorsemen= (1) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional Insured. The insurer shall pay all sums that the City of South Miami becomes legally obllgated to pay as damages because of `bodily injury", `property damage; or "personal and advertising Injurer" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage 0" (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for Ron -payment of preadumj terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the pocky for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." F. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or actountam to name a few, then in such event and In addition to the above requirements, the FIRM shag also provide Professional Liability Insurance on a Florida approved form In the amount of $1.000.000 with deductible per claim If any, not to exceed S% of the Limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement This Insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be Issued by a surplus Ones carrier unless authorized In writing by the city at the citys sole, absolute and unfettered discretion. Indemnification Requirement A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that Is omming on the CITY's property due to the negllgence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indeimrify, defend, save and hold CITY, its officers, aflfilates► employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands. suits, fines, Judgments or cost and expenses, including reasonable attorneys fees, paralegal fees and investigative costs incidental there to and Incurred prior to, during or following any litigation mediation. arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers. affiliates, employees. successors and assigns, by reason of any causes of actions or clam of any kind or nature, including claims for injury for or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omissim misconduct, or any gross negligence, Intentional act or harmful conduct of the Contractor, its contracto &ubcontractor or any of their officers, directors, agents, representatives, employees, or assigns. or anyone acting through or on behalf of any of them, arising out of this Agreement, Incident to it, or resulting from the performance or non-performance of the Contractor's obligatlaa under this AGREEMENT. C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, In connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates. employees, successors and assigns, including their attorneys fees, In the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub -Contractor or any of their 70149 agents, representatives, employees, or assigns, and/or arising out of, or Incident to, this Agreement. or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor %Tea and rscvg hm that neither the CITY nor its officers, affiliates, employeeL% successors and assigns shall be held liable or responsible for any claims, Including the com end expenses of defending such claims which may result from or arise out of actions or cmissions of the Contractor, its contractor/subcontractor or any of their agents, representativm employees. or assigns or anyone acting through or on behalf of the them. and arising out of or concerning the work or event that is occurring an the Cn Y's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor. its contractor/subcontractor or any of their egrets. representatives, employees, or assigns, or anyone acting throw or on behalf of dmi E< The Contractor has the duty to provide a defense with an attorney or haw firm approved by the City of South Miami, which approval will not be unreasonably withheK E. However, as to design portal contacts, and pursuant to Section 72,S.48 (1), Florida Statutes, none of the provisfcns set forth herein above that are in eon8ict with this mbpareVzo shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning Indemnification. Thus. the design professional's obligations as to the City and its agencies. as well as to its officers and employees, Is to Indemnify and hold them harmless from liabilities, damages, losses. and casts, indudtag, but not limited to, reasonable attorneys' fees, to the extent caused -by the negggence, recklessness or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional In the performnce of the contract. 12 8 of 49 CONTRACT FOR GENERAL PLANNING SERVICES ATTACHEMEtiTA Town of Cutler Bay RFQ, including: • SCOPE OF SERICES: RFQ # 17-06 13 9 of 49 s Exhibit "A" Town of Cutler Bay REQUEST FOR QUALIFICATIONS RFQ # 17-06 "General Planning Services" SECTION # 1 INTRODUCTION The Town of Cutler Bay (the "Town"). a municipality located in Miami -Dade County. Florida. desires to receive professional qualifications hir the selection of three (3) Planning Consulting firms (the -Consultants") to provide General Planning Services. Florida law requires the Town to make a detenmination of a respondent's qualifications to perform gencral planning services prior to engagement. The information used in this RFQ will he used by the Town to make this determination. The 'town reserves the right to award contracts to Consultants who will best serve the interests of the 'fawn and whose responses are considered by the Town to be the most responsive and most responsible. The Town reserves the right to accept or reject any or all responses, based upon its deliberations and opinions. In making such determination, the Town reserves the right to investigate time financial capability, integrity, experience and quality of perfonnance of each respondent. including officers, principals, senior management and supervisors as well as the staff identified in the response. 1.1 SCHEDULE OF EVENTS 0 Event Date* Time* (EST) Advertisement. Distribution of RFQ & Cone of 1 7/ 1212017 9:00 AM I Silence Begins Mandatory Pre-RFQ-Response Meeting 2 10720 Caribbean Blvd., Council Chambers 8/2/2017 10:00 AM � Cutler Bay, Florida 33189 'Deadline to Submit Questions 8/9/2017 1:00 PM j J Deadline to Town Responses to Questions 8/17/2017 5:00 PM 1 S ''Deadline to Submit RFQ-Response 8/30/2017 I 2:00 PM _— ttr-Q x n-aa `Genera{l{ �PWlatnning Senim" 14 8/31 i2017 8:30 AM 6 ;Evaluation ofQualifications Thru Thru 9r 15i2017 2:00 PM 7 'Selection of Short -List Finalists 9/15i2017 2:00 PM 8 Oral Presentation 9/28.•'2017 I 9:30 AM Announcement of Selected Contractors/Cone of 9 !Silence Ends I :15,12017 7:00 PM "The Town resenr, the right to change the scheduled dates and time. RrQ N 17-06 "General Planning services" 15 Oeivr=l r► i -mrn tinnx- 1.2 ELIGIBILITY In addition to other requirement.,, stated in this document, to be eligible to respond to this RFQ. the respondent must have successfully provided. within the past five (5) years. services similar to those described in Section 2.2 of this RFQ. The respondent nmst meet all legal, technical and professional requirements for providing the requested services. The respondent project manager and task leaders must be certified planners and member of the American Institute of Certified Planners (AICP). Respondents shall furnish such additional information as the Town may reasonably require. This includes information that indicates financial resources as well as ability to provide and maintain the required services described herein. The Town reserves the right to investigate the respondents' qualifications or those of any of its agents, as it deems appropriate. 1.3 ADDENDA If the Town finds it necessary to add to. or amend this RI:Q prior to the response submittal deadline, the Town will issue written addenda..'addendum. Each respondent must acknm%ledge receipt of each addendum by signing the acknowledgement thercol'(Appendix A) and proN iding it with its response. 1.4 CERTIFICATION Each respondent to this RFQ must declare, by signing Appendices A and B, that the person(s 1, firms) and parties identified in the response are interested in and available to provide the services required; that the response is made without collusion with any other person(s), frar(s) and parties: that the response is fair in all respects and is made in good faith without fraud; and that the person signing any part of the response and cover letter has full authority to bind the person(s). firm(s) and parties identified in the response. 1.5 PUBLIC RECORDS LAN' Florida law provides that municipal records should be open lox inspection by any person under Section 119. F.S. Public Records law. All information and materials received by the Town in connection with responses shall become property of the Town and shall be deemed to be public records subject to public inspection. 1.6 RE'I'EN'1'ION OF RESPONSES The Town reserves the right to retain all responses submitted and to use any ideas contained in any response, regardless of whether that respondent or any respondent is selected. 1.7 QUESTIONS AND CLARIFICATIONS: All requests for information and. -or clarification should be submitted in writing on or before 8/9/2017 (1:00 p.m.). as described in Section 1.1- Schedule of Events: RFQ # 17-06 "General Planning Semices" 16 t`',& der' 1 Town Clerk Attn: Cutler Bay Town Center - General Planning Sen ices RFQ It t 7-06 Town of Cutler Bay 10720 Caribbean BIN d., Suite 10 Cutler Bay, FL 33189 Phone: (305) 234-4202 ' Fax: (305) 234-42>1 Email: tovvnclerk(ccuticrbay-fl.goi, 1.8 TOWN AUTHORITY Proposals will be selected at the sole discretion of the Town. The Town resen cs the right to wztive any irregularities in the request proves. to reject any or all proposals. reject a proposal Mitch is in any way incomplete or irregular, re -bid the entire solicitation or enter into agreements with more than one respondent. Proposals received after the deadline will not be considered. 1.9 CAMPAIGN IANANCE RLSTRICTIONS ON VENDORS Pursuant to the Town Code and Town Charter, vendors of the Town are required to disclose any campaign contributions to the Town Clerk, and each vendor must do sit prior to and as a condition of the award of any Town contract to the vendor. Vendors' Camnaikii Contribution Disclosure: 1. Ciencral requirements: (A) Any eendor required to disclose campaign contributions pursuant u) the Charter of the 'town of Cutler Bay, as may be amended, shall file a written disclosure with the Town Clerk. stating all contributions made that were accepted by an elected official of the Town. the official to whom they were made and the date they were made. The Town Clerk may dc%clop a Junin to be used by vendors for such disclosure. (B) The disclosure shall be tiled prior to and as a condition of the award of ant Town contract to the vendor. (C) The Town Clerk shall infirm the Council of any disclosures which were made in relation to any items before the Council prior to the hearing on the item or prior to the award of the contract. (D) If an existing vendor makes a contribution, the vendor must report the contribution to the Town Clerk within the earlier of ten (10) days of acceptance or prior to the award of the contract or renewal. (E) The Town Clerk shall Cite a quarterly report listing the vendor disclosures in the quarter. RFQ # 174[6 "General Planning Seniees" 17 J!F& t19'1`' 1 2. Disqualification: (A) if a vendor of products or services. directly or through a member of the person's immediate family, through a political action committee or through any other person, makes a campaign contribution to a Town candidate and fails to disclose it, the vendor shall be barred from selling any product or service to the Town for a period of two years following swearing in of the subject elected official. 1.10 CONE OF SILENCE Notwithstanding any other provision in this solicitation, the provisions of Town "Cone of Silence" are applicable. The entirety of these provisions can be found in Town Ordinance 06-22. as amended. The "Cone of Silence" as used herein, means a prohibition on any covununication regarding a particular Request for Proposal ("RFP")- Request for Qualification ("particular RFQ") or bid, between: A potential vendor. service provider, proposer. bidder, lobbyist or consultant: and the Town Council. Town's professional staff including, but not limited to. the Town !Manager and his her staff, any number of the. Town's selection or evaluation committee. The Cone of Silence shall be imposed upon each particular RFQ, RFP and bid after the advertisement of said particular RFQ, RFP, or bid. The Cone of Silence shall temtinate at the beginning of the Town Council meeting when the Town Manager makes his %Nritten recommendation to the 'Town Council. However, if the 'Town Council refers the Manager's recommendation back to the Manager or staff for further review. the Cone of Silence shall be re -imposed until such time as dtc Manager makes a subsequent written recommendation. The Cone of Silence shalt not apply to (1) oral communications at pre -bid conferences: (2) oral presentations before selection or evaluation committees: (.i) public presentations made w the Town Council during any duly noticed public meeting; (4) communication in writing at any time with any Town employee, unless specifically prohibited by the applicable particular RFQ. RFP or bid documents. The bidder or proposer shall file a copy of any written communication with the Town Clerk. The Town Clerk shall make copies available to any person upon request; (>) communications regarding a particular RFQ. RFP or bid between a potential vendor. service provider, proposer. bidder, lobbyist or consultant and the Town's Purchasing Agent or Town employee designated responsible for administering the procurement process for such particular RFQ. RFP or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document: RFQ # 17416 "General Planning Semims" Jilt, f a9't=1 iH . c ir RESOLUTION NO: 038-20-1 5478 A Resolution authorizing the City Manager to enter into a multi -year piggyback agreement with Calvin Giordano & Associates, Inc. for General Planning Services. WHEREAS, the City requires General Planning Services to enhance the City's ability to undertake annexation studies and other complex projects related to land development; and WHEREAS, the Town of Cutler Bay, through a competitive process, solicited quotes for General Planning Services; and WHEREAS, as a result of the competitive process, the Town of Cutler Bay awarded a contract to Calvin Giordano & Associates, Inc. for General Planning Services; and WHEREAS, the City South Miami wishes to piggyback onto the Town of Cutler Bay contract with Calvin Giordano & Associates, Inc., with the same terms and conditions, for a contract term not to exceed five (5) consecutive years; and WHEREAS, the fees for the annexation study and other General Planning Services shall be charged to Account No. 001-1620-524.34-50, Contractual Services. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMNIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is authorized to enter into multi -year piggyback agreement with Calvin Giordano & Associates, Inc. for General Planning Services for a term that shall not exceed five (5) consecutive years. A copy of the Agreement is attached. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 5. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17t' day of March, 2020. Pagel of 2 ResolutionNo 038-20-15478 ATTEST: Q � I atmN CITY ERK READ ANDOPROVED AS TO FORM, ON� i � / ri COMMISSION VOTE: 3-2 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Gil: Yea Commissioner Harris: Nay Commissioner Liebman: Nay Page 2 of 2 Agenda Item No:5. City Commission Agenda Item Report Meeting Date: March 17, 2020 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to enter into a multi -year piggyback agreement with Calvin Giordano & Associates, Inc. for General Planning Services. 3/5 (City Manager -Planning Dept.) Suggested Action: Approval Attachments: Cover Memo CGA Agreement Planning Services.docx Resolution —Calvin Giordano Gene ral_Planning ServicesCArev.docx Professional Service Agreement.pdf SunBiz registration.pdf MDBR Ad.pdf MH Ad. pdf 1 SoutYe' hMiami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor and Members of the City Commission VIA: Steven Alexander, City Manager FROM: Jane K. Tompkins, AICP, Planning Director Date: March 17, 2020 SUBJECT: A Resolution authorizing the City Manager to enter into a multi -year piggyback agreement with Calvin Giordano & Associates, Inc. for General Planning Services. BACKGROUND: The City periodically requires the services of a planning consultant to supplement and assist Staff with a variety of projects, such as annexation studies. The City wishes to piggyback onto a Town of Cutler Bay contract for General Planning Services with Calvin Giordano & Associates, Inc. The Town of Cutler Bay, through a competitive process, solicited quotes for general planning services and awarded a contract to Calvin Giordano & Associates, Inc. The same terms and conditions within the Town of Cutler Bay contract will apply, and the term will be for five (5) years. ACCOUNT: Fees for these services will be charged to Account No. 001-1620-524.34-50, Contractual Services, which has a current balance of $109,935. Attachments: • Draft Resolution • Piggyback Agreement, Calvin Giordano & Associates, Inc. 2 Jkt C:1Users1EASYPD-11AppData\Local\Temp\BCL TechnologiesleasyPDF 81@BCL@A8OC7C931@BCL@A8OC7C93.docx CONTRACT FOR GENERAL PLANNING SERVICES M THIS AGREEMENT shade and entered into this . � � day of h(' C 1.), ZQ' , by and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereinafter referred to as "City) and CALVIN, GIORDANO & ASSOCIATES, INC., (hereinafter referred to as "Vontractoel whose address is 1800 Elder Drive, Sidle 60 Ft. Lauderdale, FL 33316 and whose email address is selchner@Wasolu0009.e4m WITNESSETH: WHEREAS, the TOWN OF CUTLER BAY solicited bids pursuant to RFO #17416 for GF,NERAL PLANNING SERVICES; and WHEREAS, the TOWN OF CUTLER BA'Y, after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS, the City of South Miami desires to utilize the TOWN OF CUTLER DAY Contract with Contractor•, and WHEREAS, the City is authorized, pursuant to the City of South Miami's Charter, to piggyback off of contracts, such as the contract in question between T-MM OF CUTLER BAY and Contractor, that were entered into in accordance with a solicitation process that is at least as vigorous as that of the City of South Miami; and NOW, THEREFORE, the City and the Contractor, each through their authorized representative/official, agree as follows: 1. The City desires to enter into a Contract, under the same provisions as set forth in the contract between TOWN OF CUTLER BA►Y and Contractor pursuant to RFO #17-0 as modified by this Agreement. Z. The City has reviewed the contract between TOWN OF CUTLER BAY and Contractor and agrees to the provisions of that contract which shall be applicable to a purchase order to be issued by the City and fiuther agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such goods and/or services, pursuant to the City's purchase order trade during the term of this Agreement, under the same prices), terms and conditions as found in the solicitation documents, the response to the solicitation, and the Agreement/Contract and/or the Award, pertinent copies of which are attached hereto as Attadtment A and made a part hereof by reference. 3. All references in the contract between TOWN OF CUTLER BAY and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of TOWN OF CUTLER BAY, as set forth in the contract between TOWN OF CUTLER BAY and the Contractor, shall aU be made by the City Manager for the City of South Miami. Notwithstanding anything contained in the TOWN OF CUTLER BAY RFO #17-06 and the contract between TOWN OF CUTLER BAY 1 of 49 MAMI and the Contractor to the contrary, this Agreement shall be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be in Miami Dade County, Florida. 4. Tenn. The term of the contract, including all extensions authorized by the contract shall not exceed five years. S. Scope of Goads and Services. The scope of goods and services (which may hereinafter be referred to as the "Work") are set forth in the attached Attachment A and any arts thereto and the City's purchase order, the latter of which shall take precedence. The Contractor has agreed to deliver the goods, if any, and perform the services, if any, in a wow like manner and in accordance with all state, county and City laws, at the locations, if any, designated by the City. All of the goods and services reflected in Attachment A shall, unless other stated in the Attachment A or B. be delivered, if good, and commenced, if services, within N/A days from the date of the execution of this Agreement. The Contractor shall obtain and pay for all permits required for the goods and services rendered, if any, with the exception of permits fees charged by the City, said fees shall be waived 6. Contract Price. The contract price for the good and services is set forth in Attachment A or B. if not otherwise set forth in the contract between TOMN OF CUTLER BAY and the Contractor, the Contractor shall be paid upon delivery of all the goods, if any, the completion of all the services, if any, and after final inspection and approval, by the City, that approves of the goods delivered, if any, and the services performed, if any. 7. Precedence. The term, provisions and conditions of this Agreement shall take precedence over the terms, provisions and conditions of the contract between Contractor and TOWN OF CUTLER BAY. & Grant Funding: This project is being faded by N/A and Contractor agrees to comply with all the requirements of that Grant; applicable to the delivery of the goods and/or services that are the subject of this Agreement, and that are within its power to provide and to provide all the documentation within its control that is required for the City to be able to recover as much of the contract price that is available pursuant to the terms of the grant, A copy of the grant, if any, is attached hereto and made a part hereof by reference. 9. Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts, for this Project and shall: (a) Deep and nmintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the record to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt fiom public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the oonbut if the contractor does not transfer the records to the public agency; and (d) Upon 2 cf 49 completion ofthe contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential anti exempt fmm public records disclosure requirements. Ifthe contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency. upon request from the public agency's custodian of public records. in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE: PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: ni2aynera southrniamin. ; 6130 Sunset Drive, South Miami, FL 33143. 10. 'Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or federal Court proccedings in respect to any action. proceeding, ur lawsuit arising out ofthe Contract Documents or the performance cif the Work thereunder or any counterclaim, cross-clairn or third party claim tiled in the same proceeding. 11. Notices: Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery. e-mail (or similar electronic tra, nsmission). facsimile transmission or certified mail with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delitiery confirmation f'or any facsimile transmission or, if'by certified mail. the date in the return receipt or the (late shown as the date same %vas refused or unclaimed. if hand delivered to the CITY. a copy must be stamped %,,ith the official CITY receipt stamp showing; the date of delix.ery. otherwise the document shall not be considered to have been hand delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e- mail) or facsimile transmission nurtzbers set forth helotk or in the introductory paragraph to this crmtract: To CITY: City Manager. 61 10 Sunset Dr. South Miami. FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander'u:southiniarnitl.i:t)t- With copies to: City Attorney 6130 Sunset Dr, South Miami. I= L 33143 Tel: (305) 667-256-4 Fax: (305) 341-05,84 --ma?1: tpe�,e( SoUihItiiam.it'i.L__o 3 of 49 12. Validity of Executed Copies: This Agreement may be executed in several counterparts, each of which may be construed as an original. 13. Attorneys' Fees and Costs: In the: event ofany litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof. each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 14. Indemnification: Notwithstanding anything contained in the contract between Contractor and TOWN OF CUTLER BAY to the contrary, the City does not waive its sovereign immunity granted by Florida Statutes. Section 768.28. and the City's tort liability shall be limited to the waiver of sovereign immunity provided for in Section 768.28. 15. Severabitity: lfany term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, he invalid or unenforceable, the remainder of this Agreement, or the application of* such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be at ected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials on or before the day and year first above written. C.ALN-1?v, G DANO & ASSOCIATES, INC.: By:'f� . r (type name and title of signatory above) ATTEST: By: L U %fini. N ken a Payn, . C M C Citv Clerk CITY OF SO 1 mm- I By: Steven Alexander City Manager Read and Approved as to Farm, Language, Legality and Execution Thereof: Bv: _ Thomas F. Pepe City Attorney 4 of 49 INSURANCE & INDEMNIFICATION REQUIREMENTS GENERAL PLANNING SERVICES PIGGYBACK AGREEMENT GENERAL PLANNING SERVICES Insurance A. Without limiting Its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnl0ccadon requirements) shall be required to procure and maintain at Its own expense during the life of the Contract, insurance of the types and In the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B, No insurance required by the CITY shall be Issued or written by a surplus i'mes carrier unless authorized In writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the Insurance with a company or companies lawfully authorized to sell insurance In the State of Florida, on forms approved by the State of Florida, as will protect the FIRM. at a minimum. from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable; whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be Iiable: (a) claims under workers' compensation, disability beieffit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of" FlWs employees; (c) claims for damages because of bodily injury, sickness or disease► or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal Injury liability coverage; (e) claim for damages, other than to the Work Itself, because of Injury to or destruction of tangible property, including toss of use resulting there from: (Q claims for damages because of bodily injury, death of a person or property damage arising out of ownership, mmaintawm or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability Insurance applicable to the FIRM's oblWalans under the Contract. Flrm"s hwurance Generally. The FIRM shall provide and maintain in forte and effect urml all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as Is otherwise specified hereinafter). the insurance coverage written on Florida approved f6n= and as set forth below: Iww3U= at the statutory amount as to all employees in compilance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently wNt m or hereafter amended and all applicable federal laws. In addition, the policy (tes) must include: Employers' Liability at the statutory coverage amounn The FIRM shall further Insure that all of Its Subccntm ors maintain appropriate levels of Workers Compensation Insurance. CamrnercW CaMrehwsive General Unbility Insurance+ with broad form endorsement, as weal as automobile Iiability, completed operations and products Itabllity, contractual Lability, sevembi ity of interest with cross liability provision. acid personal injury and property damage liability with limits of $1,000.0W combined single limit per occurrence and $Z000.000 aggregate, including: • Persorral Injury: $1MOM, " Medical Insurance $S= per person: • Plropercy Damage: $500.000 each occurrence; Urnhre0a GammereW CoMemhensWe Geneva! UsbU ty insurance shall he written on a Florida approved form with the same coverage as the primary bmm=ce policy but In the remount of $ I,0tI0,000 per claim and $Z000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of 5 of 49 the Comprehensive General Liability policy, without restrictive endorsements, as tiled by the Insurance Services Office. and must include: (a) Premisas and Opemdon (b) Independent Contractors (c) Products andfor Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, includIng any hold harmless andfor Indemnification agreement. (g) 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 Ua Wlity. Iinen Autaxnrabile Lrarbilitcr with minimum limits of One Million Dollars ($100.000.00) plus an additional One Million Dollar ($ I,000,000.00) umbrella per occurrence combined single lirnit for Bodily injury Liability and Property Damage Liability. Umbrella coverage must by afforded on a form no more restrictive than the latest edition of the Business Automobile Lability policy. without restrictive endorsements. as filed by with the state of Florida. and must include: (a) Owned Vehkles. (b) Hired and Non -Owned YehkW (c) Employers' Non -Ownership Subcontracts: The FIRM agrees that If any part of the Work under the Contract is sublem the subeonrart shall contain the same Insurance provision as set forth In these insurance and Indemnification mquiramwns, other than the Fire and 6ewuded Coverage Insurance and sing the word Su =ntractor for the word FIRM where appkable. Fire and ExtemAW Co muM Insane (110deW RW, IF APPLICABLE: A In the event that this contract Immives the construction of a structure. the CONTRACTOR shall maintain, with an Insurance CwyTany or Insurance Companies acceptable to the CITY. "Broad" form/All Risk Insurance on buddhW and structures. IndudIng Vandalism R Malicious Mischief coverage. while In the course of construction, Including fourJulo s, additions. attachments and all {permanent fixtures belonging to, aced constiautheg a part of said buiic hW or structures. The policy or policies shaft also cover machinery, if the cost of machinery Is Inclwied in the Contract, or If the machinery Is located In a building that Is being renovated by reason of this contract. The amount of Insurance must; at all times. be at least equal to the replacement and actual cash value of the Insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their Interest may appear, and shall also corer the Interests of all Subcontractors performing Work. B. All of the provisions set forth In the Miscellaneous section below shall apply to this eon unless It world be dearly not applicable. Mismeganeow. A. If any notice of cancellation of Insurance or doge in coverage is Issued by the insurance company or shouid any Insurance have an expiration date that will occur during the period of this contram the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, dwgo. or expiration so as to provide ,o minuous coverage as specified In this section and so as to maintain coverage during the life of dds Contract B. AD deductibles must be declared by the FIRM and must be approved by due CITY. At the option of the CITY. either the FIRM shag eliminateor reduce such deductible cr the FIRM stall procure a Bond. In a form satisfactory to the CITY covering the same. C. The polides shall contain waiver of subrogation against CITY where applkaW shall expressly provide that such pocky or policies acre primary ever any other collectible Insurance that CITY may have, The CITY reserves the night at any time to request a copy of the required polities for review. All policies shag contain a "severabifity of WereW or "cross IisbllW clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided In ft Agreement D. Before seardng the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the Insurance policy. Including the declaration page and all applicable endorsements and provide the tame, address and telephone number of the Insurance agent or broker through whom the policy was obtained. The Insurer 6 of 49 shall be rated X 11 or better per A.M. Beses Key Rating Guide, latest: edition and authorized to issue insurance in the State of Florida. AU insurance polities must be written on forms approved by the State of Florida and they must remain In full force and effect for the duration of the contract plod with the CITY. The FIRM may be required by the CITY. at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall Include the declaration page and all required endorsements. In addition, the FIRM small deliver, at the time of delivery of the insurance certificate. the Wowing endorsements: (1) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of `bodily injury". 'property damage; or "personal and advertising injury" and it will provide to the City all of the coverage that Is typically provided under the standard Florida approved forms for commercial general liability Coverage A and coverage 8"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shag not be cancelled (including cancellation for Iron -payment of prwidum), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate, the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." F. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and In addition to the above requirements, the FIRM shag also provide Professional Uabifity Insurance on a Florida approved form In the amount of $1.000.000 with deductible per claim If any. not to exceed 5% of the Omit of liability providirhg for all sums which the FIRM shag become legally obligated to pay as damages for claims arising out of the services or work performed by the HRM its agents, representatives, Sub Contractors or assigns. or by any person employed or retained by him in connection with this Agreement This insurance shall be mains bwel for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project ProfesslmW Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized In writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. The Contractor ac=pts and voluntarily incurs all risks of any injuries, dance, or harm which might arise during the work or event that is otruni ng on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, aflfiiates. employees, successors and assigns, harmless from any and all damages. claims, liability, losses, claims, demands. suits. fines► judgments or cost and expenses, including reasonable attorneys fees. paralegal fees and investigative costs incidental there to and incurred prior to. during or following any lltigation, mediation, arbitration and at all appellate levels, which may be suRered by, or accrued against; charged to or recoverable from the City of South Miami, its officers, afilliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury m or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contrmttorlsubcontractor or any of their officers, directors, agars, represenhtatives, employees, or assigns. or anyone acting through or on behalf of any of them, arising out of this Agreemem incident to It, or resulting from the performance or Ron -performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shalt pay all claims. losses and expenses of any kind or nature whatsoever. In connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, In the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub -Contractor or any of their 70149 agents, nepresenmdves, employees, or assigris, and/or arising out of; or incident my this Agreement, or incident to or resuldn$ from the perfa nhance or non-perfornmxe of the Contractor's obligations under this AGREEMENT. D. The Contractor ads and recognkes that neither the CITY nor its officers, afls`tiates, employees, successors and assigns shall be held liable or responsible for any claims, inctu ng the casts and expenses of defe'"ng such claims which may result from or arise ohm of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives. employees. or assigths, or anyone acting through or on behalf of the them. and arising out of or concerning the work or event that is occurring on the C"s property. In revie vIng approving or rejecting any submtsslons or acts of the Contractor, CITY in no way assimm or shares responsibility or liability for the acts or omissions of the Contractor. its contswor/subcontractor or any of their agents. representatives, employees, or assigns, or anyone acting duwjgh or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the Orf of South Miami, which approval wM not be unreasonably withheld. E. However. as to design professional contracts, and pursuant to Section 72S.08 (I). Florida Stages, none of the provisions set forth herein above that are in conflict with this sutaragraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning Indernnd€catkuL Thus. the design professionars obligations as to the City and its agencla% as well as to its officers and employees. Is to indernngy and hold them harmless from Ifab#title% damages, tosses. and costs incluft but not Iimiited to. reasonable attorneys' fees, to the extent caused -by the negligence, rectdiessness. or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performaxhte of the contract. 12 8 of 49 CONTRACT FOR GENERAL PLANNING SERVICES ATTACHEMENT A Town of Cutter Bay RFQ, including: SCOPE of SERICLS: RFQ #17-06 13 9of49 -r Exhibit "A" Town of Cutler Bay REQUEST FOR QUALIFICATIONS RFQ # 17-06 "General Planning Services" SECTION#1 INTRODUCTION The Town of Cutler Boy (the -Town"). a municipality located in Miami -Dade County, Florida. desires to recei%e professional qualifications fir the selection of three (3) Planning Consulting firms (the "Consultants") to provide General Planning Services. Florida law requires the Town nr make a determination of a respondent's qualifications to perform general planning services prior to engagement. The inlbnnation used in this RFQ will be used by the Town to make this determination. The Town reserves the right to award contracts to Consultants who will best sere the interests of the Town and whose responses are considered by the Town to be the most responsive and most responsible. The Town reserves the right to accept or rt:_ject any or all responses, based upon its deliberations and opinions. In making such determination, the Town resenes the right to investigate the financial capability, integrity. experience and quality of performance of each respondent, including officers, principals, senior management and super isors as well as the staff identified in the response. 1.1 SCHEDULE OF EVENTS No Event I Date* Time* (EST) 1 t Distribution of RFQ & Cone of Advertisement.' 7/12/2017 9:00 AM S' e1eeeint. Mandatory Pre-RFQ-Response Meeting 2 10720 Caribbean Blvd.. Council Chambers 8/2/2017 10:00 AM Cutler Bay, Florida 33189 3 Deadline to Submit Questions 8/9/2017 1.00 PM 4 Deadline to Town Responses to Questions S/1 T2017 5:00 P\q 5 'Deadline to Submit RFQ-Response --- 8/30/2017 2:00 P\1 RHQ 5 n-o6 "General Planning seniaos- 14 t&Alf 2t 8!31!2017 8:30 AM 6 Evaluation of Qualifications Thru Thru 9i 1512017 2:00 PM 7 (Selection oi'Short-List Finalists i 9/15!2017 2:00 PM 8 Oral Presentation 9i28!2017 I 9:30 AM Announcement or Selected Contractors/Cone of 9 I 1 1 r 15i_017 M 7.00 Pj Silence Ends -_L "The Town mser es the right to change the scheduled dates and time. RFQ g 17-06 "General Planning Services" 15 #'reAir _ Coffer �a 1.2 ELIGIBILITY In addition to other requirements stated in this document, to be eligible to respond to this RFQ, the respondent must have successfully provided. within the past five (5) years. services similar to those described in Section '_.' of this RFQ. The respondent must meet all legal, technical and professional requirements for providing the requested services. The respondent project manager and task leaders mast be certified planners and member of the American Institute of Certified Planners (AICP). Respondents shall furnish such additional information as the Town may reasonably require. This includes information that indicates financial resources as well as ability to provide and maintain the required services described herein. The Town reserves the right to investigate the respondents' qualifications or those of any of its agents, as it deems appropriate. 1.3 ADDENDA If the Town finds it necessary to add to, or amend this RFQ prior to the response submittal deadline, the To%+n will issue written addenda/addendum. Each respondent must acknowledge receipt of each addendum by sitming the acknowledgement thereof (Appendix A) and providing it with its response. 1.4 CERTIFICATION Each respondent to this RFQ must declare, by signing Appendices A and B, that the person(s), fimh(s) and parties identified in the response are interested in and available to provide the services required; that the response is made without collusion with any other person(s), firm(s) and parties: that the response is fair in all respects and is made in good faith without fraud: and :hat the person signing any part of the response and cover fetter has fall authority to bind the person(s), firm(s) and parties identified in the response. 1.5 PUBLIC RECORDS LAW Florida law provides that municipal records should be open for inspection by any person under Section 119, F.S. Public Records law. All information and materials received by the Town in connection with responses shall become property of the Town and shall be deemed to be public records subject to public inspection. 1.6 RETENTION OF RESPONSES The Town reserves the right to retain all responses submitted and to use any ideas contained in any response, regardless of whetter that respondent or any respondent is selected. 1.7 QUESTIONS AND CLARIFICATIONS: All requests for information andFor clarification should be submitted in writing on or before 8/9/2017 (1:00 p.m.), as described in Section 1.1- Schedule of Events: RFQ # 17-06 "General Planning Services • 16 if YwAir '1 �Y4G 1tTi1 L Town Clerk Attn: Cutler Bay Town Center - General Planning Sen ices RFQ # t 7-06 Town of'Cutler Bay 10720 Caribbean Blvd., Suite 105 Cutler Bay. FL 33189 Phone: (305) 234-4262 Fax: (305) 2344251 [mail: towncicrk{acuticrb _fl,gov 1.8 TOWN AUTHORITY Proposals will be selected at the sole discretion of the Town. The Town rescrvcs the right to vim e anv irregularities in the request process, to reject any or all proposals. reject a proposal which is in any way incomplete or irregular, re -bid the entire solicitation or enter into agreements with more than one respondent. Proposals received after the deadline will not be considered. 1.9 CAMPAIGN FINANCE RESTRICTIONS ON VENDORS Pursuant to the Town Code and Town Charter, vendors of the Town are required to disclose any campaign contributions to the Town Clerk, and each vendor must do so prior to and as a condition of the award of any Town contract to the vendor. Vendors' Camnai6n Contribution Disclosure: 1. General requirements: (.A) Anv vendor required to disclose campaign contributions pursuant to the Charter of the Town of Cutler Bay, as may be amended. shall file a written disclosure with the 'town Clerk, stating all contributions made that were accepted by an elected official of the Town. the official to whom they were made and the date they %yerc made. The Town Clerk may &N clop a Ibnn to be used by vendors lin such disclosure. (B) The disclosure shall be tiled prior to and as a condition of the award of am Town contract to the vendor. (C) The Town Clerk shall inform the Council of any disclosure which were made in relation to any items before the Council prior to the hearing on the item or prior to the award of the contract. (D) If an existing vendor makes a contribution, the vendor must report the contribution to the Town Clerk within the earlier of ten ( 10) days of acceptance or prior to the award of the contract or renewal. (E) The Town Clerk shall rile a quarterly report listing the vendor disclosures in the quarter. RFQ # 17-Oh "General Planning Senims- 1 hwAlf 1 2. Disqualification: IA) 11' a vendor of products or services. directly or through a member of Ole person's immediate family, through a political action committee or through any other person, makes a campaign contribution to a Town candidate and fails to disclose it, the vendor shall be barred from selling any product or service to the Town for a period of two years following swearing in of the subject elected official. 1.10 CONE OF SILENCE notwithstanding any other provision in this solicitation. the provisions of Town "Cone of Silence" are applicable. The entirety of these provisions can be found in 'Town Ordinance 0(1-22, as amended. The "Cone of Silcncc." as used herein, means a prohibition on any communication regarding a particular Request for Proposal ("RFP"). Request for Qualification ("particular RFQ") or bid, between: A potential vendor. service provider, proposer. bidder. lobbyist, or consultant: and the Tut+n Council, Town's professional staff including, but not limited to, the Town Manager and his her staff, any member of the Tow•n's selection or evaluation committee. The ('one oh Silence shall be imposed upon each particular RFQ, RFP and bid after the advciiisemcnl of said particular RFQ, RFP, or bid. The Cone of Silence shall terminate at the beginning of the Town Council meeting when the Town Manager makes his written recommendation to the Town Council. However, if the Town Council refers the Manager's recommendation back to the Manager or staff for further review. the Cone of Silence shall be re -imposed until such time as the Manager makes a subsequent written recommendation. The Cone of Silence shall not apply to: (1) oral communications at prc-bid conferences: (2) oral presentations before selection or eh aluation committees: (3) public presentations made to the Town Council during any duly noticed public meeting: (4) communication in writing at any time with any Town employee, unless specifically prohibited by the applicable particular RFQ, RFP or bid documents. The bidder or proposer shall file a copy of any written communication with the Town Clerk. The Town Clerk shall make copies available to any person upon request: (4) communications regarding a particular RFQ, RFP or bid between a potential vendor, service provider, proposer, bidder, lobbyist or consultant and the Towri s Purchasing Agent or Town employee designated responsible for administering the procurement process for such particular RFQ. RFP or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document: RPQ X 17-06 "General Planning Senices" 18 fief W " I F Ir'll'Ilfitl l�' (6) couununications with the Town Attorney and his or her staff, (7) duly noticed site visits to determine the competency of bidden regarding a particular bid during the time period between the opening of bids and the time the Town Manager makes his or tier written recommendation: (8) any emergency procurement of goods or services pursuant to Town Code: (9) responses to the Tor+ms request for clarification or additional information: (10) contract negotiations during any duly noticed public meeting: (I I 1 communications to enable Town staff to seek and obtain industry comment or perform market research. provided all communications related thereto between a potential vendor, service provider. proposer. bidder, lobbyist. or consultant and any member of the Towns professional staff including, but not limited to, the Town Manager and hiS or her stall' are in writing or are made at a duly noticed public meeting. Please contact the Town Attorney liter any questions concerning Cone of Silence compliance. Violation of the Cone of Silence by a particular bidder or proposer shall render any particular RFQ award, RFP award or bid award to said bidder or proposer voidable by the Town Council and or -rown Manager. 1.11 LOBBYIST REGISTRATION Proposers must also complywith all Town Charter sections and Code sections. including Without limitation, those pertaining to lobbyists, including Section 7.6 of the Torn Charter and implementing ordinance(s), including Sec. 2-1 I(s) of the County Code and Ordinance 07-02. Please contact the Mown Clerk at (305) 234-4262 for additional information. END OF SECTION RFQ p t 7-a6 "General Planning Services" 19 >`!iw W h. xvoa<...mn SECTION # 2 SERVICES NEEDED BY THE TOWN 2.1 GENERAL BACKGROUND The Town of Cutler Ray (hereinafter the "Town') is located in the southern portion of Miami -Dade County. Florida. The Town is comprised of approximately 10 square miles bounded by SW 184 Street to the north. US 1 Busway to the west, SW 232 Street to the south, and Biscayne Bad to the cast. The Town abuts the Village of Palmetto Bay to the north and unincorporated Miami -Dade County to the urst and south. The Town is currently characterized by established and developing residential communities and commercial development along US-1 and Old Cutler Road. The Town was incorporated as the 35'h municipality in Miami -Dade County in 2005. Since incomoration the Town population has grown from 39,000 (2005) to an estimated 44,900 (Est. 2016) residents. This represents a growth rate of over 300 residents ,Per year. This moderate growth rate is expected to continue tic the next three to five years as new housing developments are completed and others enter the planning phase. Despite the anticipated population growth for the next several years, the Town's buildable land inventory for both residential and commercial use is very limited. Presently, them are several small pockets of undeveloped land within the general vicinity or Old Cutler Road and Lakes by the Bay that can accommodate future residential (single-family units. townhomes and apartments) anti mixed -use development. Residential uses occupy approximately 38 percent (2.500-N acres) of the Town's total land area (6.123.1 acres), far exceeding the acreage in any other use. There are four (4) residential neighborhoods in the Town. 1) neighborhood west of Old Cutler Road that includes Cutler Ridge, Whispering Pines. Bel -Aire. and Pine Tree Manor. developed in the 1950s mid 1960s. ) Saga Bay residential neighborhood located on the east side of Old Cutler Road- developed in the 1970s. 3) Lakes -by -the Bay residential neighborhood located east of Old Cutler Road and south of Saga Bay, dcvclopmem began in the 1980s. The last parcels are currently under construction or are approved future development. The Town anticipates that Lakes by the Bay will be fully developed within the next three (3) years. 4) Cutler Cay neighborhood is located north of Saga Bay. developed in the 2000s. As indicated. the commercial rues are primarily located along the US -I and Old Cutler Road corridors. Commercial uses occupy an estimated 265 acres (4.1%) of the Town land area. WhilC office uses approximately 26.7 acres (.4%). Although commercial uses comprise a relatively small percentage of the Town's total land area, their prominent location makes theta key to the Town's image and identity. The Southland Mall area located in the southeastern portion of the Town. south of the junction of US l and Florida Turnpike located on approximately 2_10-acre site is the only regional mall in south Miami -Dade County. This Mall serves the retail needs of both the South Dade and Monroe County residents. The other uses such as institutional, transportation, communication, parks. preservation and conservation areas, and undeveloped lands make-up approximately 57.5°(, A the Town's total land area. RFQ # 17-0M "General Planning tienices" 20 �b'F1f 4H(=1 1'he majority of the residential projects are either completed or in the construction phase. Once these residential projects are completed the Town will have over 500 new housing units in their property tax role with an estimated assessed value of 580.1 million. These projects will generate an estimated $137.000 in new property taxes for the Town. During the same period, the Town also approved several commercial mixed -use projects in addition to the Shoppes of Cutler Bay. These other commercial prgjects (restaurants, retail and commercial stores) are located along the US 1 corridor in one of the Town's Brownfield Areas (Perrino Brownfield Area). These projects are generating new jobs and are the basic foundation for future redevelopment along the US 1 corridor. 2.2 SCOPE OF R'ORK 2.2.1 Purpose The purpose of this section of the RFQ is to highlight the professional services to he provided under the General Planning Consulting Service contract by the three (3) firms selected. The selected "C'onsultant(s)" will act as a technical resource for Town Staff. The selected "Consulting Tcam(s)" shall have the capability and experience to integrate basic planning practices (social. environmental and economic disciplines) to proactiNety engage residents and interested stakeholders in the Town's planning decisionanaking process. The proposed technical staff should be composed of experienced certified planners (AICPs) with multi- disciplinary backgrounds that includes. but is not limited to- land use planning, project implementation, land development regulations, comprehensive planning. environmental planning, transportation planning. and economic analysis. '['he services would be project specific (including cost reco% assignments) and will be assigned on a work -order basis. The lolluwing provides a description of the professional services that selected "Consullant(s )" shall provide the Town of Cutler Bay under this contract. I. General planning services 2. C'oncurrenev Review 3. Land use and zoning analysis 4. Transportation studies Environmental studies (Brownfield Redevelopment) 6. Plan and permit review- (includes inspections services) 7. Natural and Cultural resources assessments S. Water resources planning 9. Public outreach support services 10. Review landscape plan In addition, the "Consultant(s)" may be asked to assist the Town in project coordination meetings with other municipalities, regulatory agencies. developers, and local and state governments. Selected "Consultant(s)" must ha%c readily available the technical capabilities and in-house resources to meet the requirements of this scope. nrp s 17-06 -General Planning Senims" 21 I'm 40, 21 2.2.2 Scope of Work Professional Services I. General Planning Services Site Plan preparation or review; Growth Management Plan (Future Land Use Map) amendments and'or revisions-: Land Development Regulations updates: draliing of zoning ordinances and resolutions: sustainability analysis: green master planning. annexation studies: neighborhood planning: and housing needs assessments. 2. Concurrencv Review Review the Town's existing comprehensive plan requirements and land development codes Cur adequate public facilities and services in conjunction with the recent legislative changes under Chapter 163.3190 F.S.. and recommend adjustments or modifications. In addition, the report will analyze the potential costs andror benefits to the Town of adopting adjusted levels -of -service standards for transportation. including Miami -Dade County policies that affect the Town's road network. The analysis and recommendations shall consider the cost and administrative impacts of specific concurrence requirements enumerated under Chapter 163.3180. Florida Statutes. The report will also recommend options for a Concurrency Management System, The Consultant will develop the option selected by the Town for implementation. 3. Land Usc and Zoning, Analvsis Prepare and or review land use and tuning analysis to ensure that the Town's Growth Management Plan and land Development Regulations (I.DRs) are kept current with new growth and developments within the Town. Review dexclopnicnt proposals it) verify compatibility with the Town's concurrency thresholds and requirements set in the Growth Management Plan and adopted LDRs. 4. Traffic and Transportation Studies Field data collection and analysis for the preparation of traffic studies including. but not limited to: Intersection and roadway capacity analysis; signal warrant studies: signal timing analysis and design: traffic circulation studies; traffic calming studies; trip generation: Forecasting anti assignment; as well as paNcntent markings and signing. All traffic studies prepared or revieacd by the Selected "Consultant(s)" must he signed and scaled by a Professional Engineer, registered in the State of Florida. 5. Environmental Studies (Brownfield Redevelopment) Provide planning services that incorporates flood prutectiun, coastal and fluvial processes, structural and nun -structural shoreline management practices, including green infrastructure and environmental impact analysis. Field data collection, site imestigations, environmental assessments and desigm as needed to prepare remediation plans for underground storage tanks. hazardous waste materials, asbestos removal. wetland mitigations, endangered species evaluations and permit applications. All documents w he signed and scaled by a Professional Engineer registered in the State of Florida. Rr•Q a 17-Oh "General Planning services" 22 Aw119'1'1 6. Plans and Permit Review (Including Inspections Services) Review plans and permits ror consistency eith applicable building and zoning codes. fire codes and .Americans with Disabilities Act requirements. Selected"Consultant(s)" personnel would work under the superN ision of the Community Development Director and Building Official of the Town. The "Consultant(s)" will make recommendation(s) of approval to the Town Community Development Director and Building Official charged with issuing permits. Natural and Cultural Resources Assessments Natural infrastructure is the interconnected network of natural and undeveloped areas needed to maintain and support ecosystems. Identification of damage to natural infrastructure (also known as green or sustainable infrastructure) as a result of natural or man-made events. Identification of approaches applicable to the Town to preserve, conserve. rehabilitate or restore the area's cultural and natural resources. Development of a comprehensive plan and strategies'.o restore public recreational resources. R. Water Resources Planning Preparation of studies and or plans to address local land use policies. local land use priorities. and eaater supply and qualify priorities as it relates to water conservation. Evaluate the Town's adopted water conservation measures. Sturm and floodwater management studies to protect receiving water, and the environment. 9. Public Outreach Services Prepare communication strategics and of protocols to engage Town residents and interested stakeholders in the planning process. Assist the Town staff coordinate events, project meetings and formal presentations for specific project or community functions sponsored by the Town of Cutler Bm, 10_ Landscape Plan Rcview Preparation and review of landscape plats. including tree selection, tree identification. ,,rtmth characteristics and requirements (banter, soil_ nutrition), installation and establishment, as well as pruning and maintenance. Landscape. tree, and irrigation inspection for nc%� davclopment projects. If necessary. the Town reser es the right to expand the list of requested services in order to meet specific project requirements and or technical expertise. END OF SECTION RFQ # 17-06 "General Planning Senices" 23 SECTION # 3 RESPONSE SUBMISSION REQUIREMENTS AND EVALUATION Six signed (one original and live bound copies) responses shall be submitted in one sealed package, clearly marked on the outside "RFQ 417-06, GENERAL. PLANNING SERVICES. The outside of the sealed envelope shall also show the name of the respondent. All responses must he received at the receptionist's desk in the Town Hall located at 10720 Caribbean Blvd., Suite 105, Cutler Bay, FI. 33189, by 2:00 P.M.. on 8/3012017, at which time their receipt will be publicly documented by the Town Clerk or her designce(s). NOTE: A "Mandatory" Pre-RFQ Response Meeting will be held on 8/2/2017 at 10:00 AM. Location: Cutler Bay Town Center 10720 Caribbean Boulevard, Suite 105, Cutler Bay. Florida 33139. All responses must be received by the Town Clerk by the due date and time. All Responses received after the due date and time will not be considered. 3.1 RESPONSE/ (QUALIFIC'ATION PACKAGE) PREPARATION Fach respondent shall submit one (1) original. rive (5) bound copies. and one (1) CD of each response. Each response shall be limited to twenty (20) pages (paper size 8.5"x I L"printed on only one side of the paper, single or the lamer spacing, font size not less than 1 I ) excluding the certificates. and .Appendices A. B and C. The sections shall follow the order given on the next page. The twenty (20) page limit is for items 1 through 9 below. No material other than that listed in this section shall be included in the response. I. A one -ogee cover letter indicating the respondent's interest in providing the sery ices to the Town and a statement out N%by the respondent should he selected for the award. The letter shall include the name of the respondent and those of the sub -consultants. explanation of the type of contractual agreement between them, if dif ferent from that of prime and sub -consultant. A representative who is authorized to contractually bind the respondent shall sign this letter. 2. A one -page table of contents identitying the sections and page numbers. 3. A one -page proposed organization chart identifying key professionals, their area(s) of responsibility and extent of(heir availabilit. 4. A two -pace history of key employees (Project Manager and Tasks Managers) who are with the fine and participating in the project. i. Up to four 44) one -page resumes of the persons, including the proposed project manager. which will be assigned to the consulting learn. RFQ # 17-06 "General Planning Seniors" 24 fYpiytW,f 21 11, ,r r,:,nac:rnn' G. Up to hvo (2) one -page, table; showing all current and recently completed private and public (local municipal. county, regional and state) sector projects perforated by the members of the team to be used on this project. The table shall include for cacti project: (a) the length of the contract, (b) the scope of services provided: (c) the tvpc of contract (pro bono, retainer, project based flee, other); (d) specific accomplishments, if anv; and (c) a contact name, phone number and e-mail address for each project. If the respondent team includes sub -consultants, there must be at least one project listed for each sub -consultant. The respondent may select suitable projects, if the list exceeds two -page limit. 7. Up to two (2) one -page, narratives on specific projects completed on time and in budget within the past five (5) years. S. Up to four (4) one -page descriptions of proiects providing services similar to those identified in the scope of services over the last five (5) years. The emphasis shall be given to the projects in Florida .AND the tasks performed by the persons identified in above in No. 5. 9. Up to three (3) one -page copies of any press articles. profiles, commendations. awards and honors. The emphasis shall he given to the projects completed in Florida AND the projects of the persons identified in No. 5 above. 10. Six (6) Pages completed Appendices A. B. and C (one in each submittal) and all proofs of authorization to transact business in the State front the Florida Secretary of State, for the respondent as well as supporting firms. 3.2 RESPONSE EI'ALUATION CRITERIA The selection committee will evaluate the responses based on the criteria and point value listed below. I. Approach to Handling of Potential Projects & Timeliness Indicate Firms understanding of the Town's needs and projects proposed. (20 Points) 2. Qualification of Project Team Credentials and accomplishments of the proposed team members. Urban Planning credentials and accomplishments of key members of the team. (25 Points) 3. Previous Similar Projects & References Experience and background in providing similar municipal services and past performance. including but not limited it). familiarity with local_ state and federal regulatory agencies procedures and requirements. Quality of the projects and accomplishmcmts of the respondent(s) in providing similar services to entities comparable to the Town. Respondent's track record of on time and within budget project performance. (25 Points) Rr•Q n 17-0e -General Planning Seniors' 25 21rtr d942: 1 Iry ngrow� _ 4. Qualifications of Firm To include years of municipal experience, ability, capacity and skill of finns(s) and personnel to perform, including timeliness, stability and availability and licenses. (20 Points) 5. Submittal Package Compliance with the response preparation and submission requirements. (10 Points) 3.3 SHORT-LIST FOR ORAL PRESENTATIONS AND FINAL SELECTION A selection committee will review all submittals and develop a short-list for oral presentations. it is anticipated that the top three 15) respondents will be short-listed. All respondents and their teams shall be present at the assigned time for a 20-minute presentation followed by up to a ten (10)-minute questions -and -answer session. The respondents are encouraged to be represented only by the Project Manager and key staff identificd in the response. Additional details on the oral presentations may be provided to the short-listed respondents. The Orel presentation will he worth twenty-five percent (25%) in the final scoring and the response will be worth (75%). 3.4 PROCESS OF SELECTION AND NEGOTIATION The Town reserves the right to make multiple awards pursuant to this solicitation. After short -listing of respondents deemed qualified by the selection committee, oral presentations and re -ranking of the qualified respondents. it is anticipated the Council will authorize negotiations with the top three (.1) respondents. ARer successful negotiation, the proposed agreement(s) shall be presented to the Town Council with a recommendation for award and execution. If contract negotiations fail with any Proposer, the 'Town may undertake negotiations with alternative respondents. Any award shall be subject to execution of an agreement in farm and substance approved by the Town Attorney. END OF SECTION RFQ 4 17416 `General Planning Services" 22)Wf I4;9•f ? : 26 rvorrrv:o SECTION # 4 OTHER CONDITIONS 4.1 TERM OF ENGAGENIFNT The terms of this agreement will be for three (3) years, with the option for the Town to extend the agreement for an additional three (3) one-year terms. The Town may terminate the agreement with a thirty (30-days) notice without pro%iding cause. 4.2 PERMITS, TAXES, LICENSES The Consultant shall, at its oven expense, obtain all necessary permits, pay all licenses. fees and taxes required to comply with all local ordinances, State and Federal laws. rules. regulations and professional standards that apply to the agreement. 4 3 LAR'S, ORDINANCES fhe Consultant shall observe and comply with all Federal. State and local laws. ordinances, rules. regulations and professional standards that apply to the agreement. 4.4 INSURANCE Prior to execution of an agreement with the Town, the Consultant shall provide certificates evidencing insurance coverage as required hereunder from companies authorised to do business under the laws of the State of Florida. The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification as required and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to die Town. Compliance with these requirements will not relieve the Consultant of its liability and obligations under the agreement. The Consultant shall maintain during the term of the agreement, standard Professional Liability insurance in the minimum amount of one -million -dollars ($1.000,000) per occurrence. The Consultant shall maintain during the life of the agreement. commercial general liability. including contractual liability insurance in the amount of one -million -dollars (Sl.000,000) per occurrence to protect it and the Town from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property d:nna=es which may arise from any operations under the agreement, whether such operations be by the Consultant or by anyone directly employed by or contracting with the Consultant. The Consultant shall maintain, durine the life of the agreement, comprehensive automobile liability insurance in the minimum amount of rive-liundred-thousand-dollars (5500,000) combined silwk: limit for bodily injury and property damage liability to protect it from claims for damages (ix bodily and personal injury. including death, as well as from claims for property damage, which may arise from the onnership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the Consultant or by anyone directly or indirectly employed by the Consultant. RFQ d 17-06 "General Planning Senices" 27 bwiWt i IC70(e,23a The Consultant shall maintain. during the life of the agreement, Worker's Compensation Insurance and Employers Liability insurance as required by law and in at least such amounts for all of its employees as set out in Florida Statute 440.02. The Consultant shall also maintain other required insurance coverage specific to the services to he provided as may be required by the Town. END OF SECTION RFQ s n-na 28 -General Planning Services" 24n&4bq'l -- e APPENDIX A ACKNOWLEDGEMENT, WARRANTY AND ACCEPTANCE A. Consultant warrants that it is willing and able to comply with all applicable State of Florida laws. rules and regulations. B. Consultant warrants that it has read, understands and is willing to comply with all of the requirements of the RFQ and the addendum! addenda. C. Consultant wan -ants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the Council. D. Consultant warrants that all information provided by it in connection with this submittal (response) is true and accurate. E. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY: Respondent warrants that neither it, nor any principal, employee, agent. representatne or family member has promised to pay, and respondent has not. and will not pay a fee, the amount of which is contingent upon the Town of Cutler Bay awarding the contract. respondent warrants that neither it_ nor any principal. employee, agent, representative has procura or attempted to procure. the contract in violation of any of the provisions of the Miami -Dade Countv Conflict of Interest and Code of Ethics Ordinances. Further. respondent acknowledges that a violation of this warranty will result in the trmtination of the contract and forfeiture of funds paid. or to be paid. to the respondent, if the respondent is chosen tiu pertimnance of the contract. Signature of Official Nance (typed): Title: Consultant: Date: Rl.Q 0 1-,-06 -Gencrnl Planning Senices" 29 t15=6ttlb'1 Yh�"v Airmw r co rta n.� APPENDIX B NON -COLLUSIVE AFFIDAVIT State of ss: County of _ that: first duly sworn, deposes and says (1) Hcl�she is the, (Owner, Partner. Officer. Representative or Agent) (if: the respondent that has submitted the attached proposal, (2) He:she is fully informed respecting the preparation and contents or the attached proposal and of all pertinent circumstances respecting such proposal; ( ) Such proposal is genuine and is not a collusive or a sham proposal. (4) Neither the said respondent nor any of its officers, partners, owners. agents. representatives, employees or patties in interest. including this affiant, have in any way colluded, conspired, connived or agreed. directly or indirectly, with any other respondent or any person to submit a collusive or chant response in connection t, ith the work for which the attached proposal has been submitted. or to refrain from responding in connection with such work, or have in any manner, directly or indirectly, sought by agreement or collusion, communication. or conference with any respondent or person to fix the proposal submitted or to secure through any collusion. conspiracy. connivance, or unlawful agreement, any advantage against the Town of Cutler Bay, or any pennon interested in the proposed work required. Signed. sealed and delivered In the presence of By: (Printed Name) (Title) Appendix-B Page l of? RFQ M 17-06 -General Planning Seniees" 30 ACKNMO LEDGMENT State of Florida County of 011 this day of 2017, before me, the undersigned Notary Public of the State of Florida personally appeared and whose name(y) is* are subscribed to the within instrument, and he/she/thee acknowledge that he she: they executed it. WITNESS mv hand and official seal NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC. STATE OF FLORIDA (Name of Notary Public: Print. Stamp or hype as commissioned.) o Personally known to me, or o Produced identification: (Type of Identification Produced) o Did take an oath. or o Did not take an oath. .Appendix-B Page 2 of 2 RF'Q Y 17416 31 "General Planning SCr%jC " YN50Ao1 ?: APPENDIX C SWORN STATEINENT PURSUANT TO SECTION 287.133 (3)(a) FLORIDA STATUES, ON PUBLIC ENTITY CRIVILS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the TOWN OF CUTLER BAY. FLORIDA M For Whose brI5111CSi address is: And (ifapplicable) its Federal Employer Identiticatiun Number(FEIN) is: If the entity has no FEIN. include the Social Security Number of the individual signing this Staom statement - S.S. a 2. 1 understand that a ""public entity crime" as defined In Paragraph 287.133(I)(g), Florida Statutes, means a violation of an state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with any agency or political subdivision of any other State or of the united States. including. but not limited to. am proposal or contract for goods or services to be provided to any public entity or an agency or any political subditi ision of any other state or of the United Sates and involving antitrust fraud. theft. briben_ Collusion, racketeering, conspiracy. or material misrepresentation 3. 1 understand that "convicted" or "conviction"" as defined in Paragraph 287.133(I)(b). Florida Statutes means a finding of guilt or a conviction of a public entity crime. with or Without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989. as a result or a jury verdict. nun -jury trial, or entry of a plea or guilty or nolo contendere. Appendix-C Page t of 3 RFQ H 17416 "General Planning Senims" 32 s 4 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(f )(a). Florida Statutes. means: A. A predecessor or successor of a person con ivied of a public entity crime: or B. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The temi "affiliate'" includes those otiicers, directors, executives, partners, shareholders, employees. members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person. or pooling of equipment or income among persons when not for fair market value under an ann's length agreement. shall be a prima facie case that one person controls another person. A Person who knowingly enters into a joint venture with a person who has been nmvictcd of a public entity crime in Florida during the preceding 34 months shall be considered an affiliate. S. 1 understand that a "person" as defined in Paragraph 287.1330)(e). Florida Statutes. means any natural person or entity organized under the laws or any state or of the United Stetcs with the legal power to enter into a binding contract and which proposes or applies to propose on contracts for the provision of goods or scnices let by a Public entity. or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers.directors. executives. partners, shareholders, employees, members. and agents who are actiN a in management of any entity. Signed. sealed and delivered In the presence: By. (Printed Name) (Title) Appendix-C Page 2 of 3 aFQ a n-nn "General Planning Senices" 33 IlkA i ♦ O `i.oaran ACKNOWLEDGMENT State of Florida County of On this day of . 2017. before me. the undersigned Notary Public Of ate the Stof Florida personally appeared and whose name(s) ic'arc subscribed to the within instrument. and he-she'they acknowledge that he shefthev executed it. \1'I'1 MESS my hand and oiftietal seal NOTARY PUBLIC. STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print. Stamp or Type as Commissioned.) o Personally known to me: or o Produced- identification: (Type of Identification Produced) o Did take an oath. or o Did not take an oath. Appendix-C Page 3 of 3 RFQ 0 17-06 -General Planning Senims" CONTRACT FOR GENERAL PLANNING SERVICES ATTACHMENT 8 NONEXCLUSIVE PROFESSIONAL SERVICES, TOWN OF CUTLER BAY AND CALVIN GIORDANO & ASSOCIATES, INC 35 31 of 49 NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENT "GENERAL PLANNING SERVICES" CONTINUING PROFESSIONAL. SERVICES TI IIS AGREEMF-Mr. made and entered into Ihis _ /.3 day of r✓e°M&,L.2D17 between the Town of Cutler 13a%. hereinafter referred to as "the''rown." and, Calvin, Giordano & Associates, inc. hereinafter referred to as Consultant: RECITALS: Whereas. this shall constitute a continuing; contract pursuant to Section 257.05-5. F.S. No%% therefore. in consideration of the promises and the mutual covenants herein contained. the parties ugree: a hollows: 1. The specific nature of the services to he provided by Consultant are outlined in Exhihit "A" attached hc-, eto and incorporated herein. and are Farther outlined in the text of To-wil ti RFQ 71 11?-t16. ?. For sen ices performed in accordance with the provisions of paragraph one ahove and Section 11 helo,%. the Town shall pky Consultant in, accordance with the terms and conditions more lidly sc t out m Sections V and V1. SECTION I — TOWN U81,11G 11ONS The Town agrees that the Tov n Manager or his authorized designee shall furnish to the Consultant any plans and ether data readil\ available in the "1 own files pertaining to the work to be performed under this Agreement. Information shown on such plans or data shall he that which has been made available to the: To%%n, and shall b, provided to the Consultant. Such information is furnished by the Town %%ithout Luarantee regarding its reliability- and accuracy. The Consultant shall be responsible for independently verifying such information if it shall be used by the Consultant to accomplish the %%ork undemken pursuant to this Agreement. The Consultant may be compensated [*or any necessan verification work requested by Town. subject to the express written authorization of the Town. Tory„ reserves the right €o certif} the accurac} of information provided by the heron to the Consultant. When such certification is provided in writing, the Consultant shall not be compensated for independent verification of said information. SECTION II —PROFESSIONAL SERVICES (a) Consultant shall perform professional services for the benefit of the Town in connection with and -is en%-isioned in the Town-s RFQ n 17-06 General Planning Services. The consultant shall be issued Purchase Orders by the Toe,°n as the need far services arises, covering in detai: the scope. time for completion and compensation fir the work to he accomplished. in case of emergenc%. the; Town reserves the right to issue oral authorization to the Consultant with the understanding that %Nritte rl confirmation shalt follouv immediately thereafter. KFQ it 17-06 " (kncsral Planning Scm ices" PagcIof14 32 of 49 36 The C&nsultant shall submit a proposal upon the Project Manager's request prior m rho issue of a Notice to Proceed. No pqu mn shall be made for the ConsukW s time or services in connection with the pmparlon of any such proposal. The Town shall corer with the Consultant before any Watice to Proceed is issued to discuss and ages upon the scope, time fbr completion, and fee for services to be rendered pursuant to this Agreement. (b) in connection with professional services to be rendered pursuant to this Agreement, the Cont further agrees to: 1. Maintain an adequate staff of qualified personnel on the work at all tires to ensure its completion within the berm specified in the applicable Notice to Proceed. 2. Comply with any Federal. State and local goYMment laws, ordinances, processes, MwWards, rules, modem, atm applicable to the work. 3. Cooperate filly with the Town in the schaduiMg, and coordination of all tasks and es phasof the work. 4. ' prepare necessary docents, as required or requested, for all applicable agenciag including regulatory requirements and permits. S. Report the swo of the work to the Tows upon mVest and hold pertinent data, calculations, field =tos, record, sketches, procedures. proposals, records, and other work products open to inspection of tiro Town. b. Submit for Town review computa#ons, sketches, and o*w data representative of the Warre progress at the percale stages of completion which may be stipulated in the applicable Notice to Proceed. Submit for Town approval the final work products upon incorporation of any mod'ifieations requested by the Town during any previous review. 7. Be evadable at all mamnable times for general consultation and advice through the effective term of this AgreemenL 8: Ca&r with the Town at any time during the further development and implementation of iniprovoamarrts for wbicb the Consultant has provided professional services as to interpretaotion of plans and order do alments, correction of errors and omission and preparation of necessary plan thereof. The Consultant shell not be compensated for the comctlen of errors and omissx* = to the extent the those errors and omissions are the responsIVMy of the Consultant. 9. Perform all services in a camper and skirled manner. SECT M M --�ULF, OF WOW AND -ME FOR COAdP'R,STxQI�Y (a) The Town stroll have the sole right to detemduee assigmnant of work and on which units or sedions of the work the Consultant shell proceed and in what order. Written Purchase Orders issued by the Town gall oomw in detail the scope, time for completion and hrm of requested services and shell serve to authorize the assignment of work outlined in %c i . " " or refWeneed in parayq* 1 of the Recitals to this Agreement. RFQ#L7-05 " tiomeral PWU*4 sewsw " Pop 2of14 33 of 49 37 (b) TU services to be readaW by the Consuftnt for each section of the work or up= the 8WRn ad, shall commence U11cm n pt eta written executed Purchase Order a rxYor a notice to proceed (the "NTP I) from the Town subsequent to the execution of the Agrenam, and shall he completed vAlkIn the time stated in the Purchase Order or the NTP. (c) A reasonable extension of tine shall be grained is the event tfxm is a May on the part of the Town in fidfiUing its part of the Agmement or should a Force ?&jaw% as defined irs Section IV hae4 rends perfoffnmoe of the Consultant's duties hupossUe. Such eocteDsion of time shall no be cause for any clalm by dte Consultant fear extra compensation. . '.K_,1 .Ltyr A!. -j. (a) Pomce Majeure shell mean an act of God, epidemic, Hghft earthquake, fire, explosion, hurricane, flood or similar occummee, strike, an act of public enemy, or blockade, fimu ecdon, riot: gencrai armst or rastraint of government and people, civil disturbance or similar occurrence, which has lain or may reasonably be expected to have a maatedal adverse effect on the rights and obliptiona under this AywmM and which, by the exercise of due ddigence,'sueb parties shall not have been able to avoid Such acts or events R3 NOT KCLtMg inclement tether (except as noted above) or tha acts or omissiars. of sulmmultantslsubconuactors, d&4arty ma Camdtantsleantrwas, telwmen, suppliers, or $reir subcontractor% unless such acts or omissions are otherwise enoaanpassed by the definition sd forth above. (b) No party hereto shall be liable for its failure to cant' out its obligations under the Aft during a period when such party is raWemd urrable, in whole or In part, by Force Mosure to carry out such obligatiorat, but rile obligation of the party or parties relying on such Force Mq c stroll be a panded only during the continuance of any Inability so caused and for no longer period of sold unexpected or uncontrollable overt, and such cause shall, so far as possible, be remedied with aU reasonable dispatch. (c) It is further agreed and stipulated that the right of any party hereto tD excuse its fail=to perform by reason of Force Majeum shall be conditioned upon such pa* givin& to the other partj► or parties, written aotioe of its won that a Force Majawe delay has oomn enced within ten (10) waddng days after such t, unless theme adsts good cause for failure to give such notice, in winch event fagern to give such notice shall nit p4udice any part3''s rWd to jwfifY any non-performance as caused by Force Mapma+s unless do Uhn W give finely notice causes mametial pmjudloe W the otber psr(y or parties. ILIL-',s_ (a) The Town agrees to pay and the Consultant agrees to accept, far satisfactory performance, as determined soley by the Town of services rendered pursuant to this A►gwmwa, including work as stipulated by Section U — PrAsslonal Services, and all p e tints andfor ineldental work thereto, fees computed in accordance with Fx" " the negotiated schedule ofmtes, a copy of wbibb Is ached bmto, or as othemissesd font in the Pa vbue Order for the spuffic work. (b) Rchnburmrnent for the reasonable and accessary cgznses of the Consuhmtfor posoqe, copying* long distance telephone calls, document reprodue ion, and audwrized. Havel, may be provided in accordance with the Purchase Order. ttEaQ 917-06 'General Pbnahig dervic W Pne3of14 34 of 49 38 SECTM E — PAYMEIyTS Unless negotlated and otherwise agreed to, the Town shall make monthly fee payments to the Cansultarj4 computed in accordance with Section V. far all work performed during the previous calendar month for work which has been assigned by Town to Consultant. The Consultant sheD submit duly oertifled atonthly invoices to the Town in the mount dine for services performed to date and including any previously authorized i6mbmuble expenses incurred during the month. For lump suns assignments, invoices shall be based upon the perch of work completed at invoice date. Invoices* shall be processed pursuant to Section 213.70, Florida Statutes. SECTION VIt — SUWONTIRACMG The Consultant shall not subconbact, assign or transfer any work umla this Agreement without the prior written consent of the Town. When applicable and upon receipt of such consent in writing the Consultnt shall cum the saes of the funs regwnsible for the medor, portions of each separate specialty of the work to be hwe rted in the perthunt, dog or data. Any sub-cocssulta d shall be subject tD A tarns and oonrlhions of this Agwentent. All innna me certificates pertaining to such shall be provided to the Town upon issuance of a Purehhase Order or NTP. SECT M VM — EXTRA WQR.K In the event extra work andlor expenses are necessary due to changes reed after the applicable portion of the work is approved by the Town, such extra work shall be the subject of an additional Pwvhase Order or a modification of the original Purchase Order. The Town agrees, within thirty (30) days after delivery, to approve, reject, or return with indicated suggested revisions or recommendations, all WwdulM submittals or other written wane micadons stfiiitted by the Consultant to the Town for approval. Such epprov4 revisions, or recommendations by the Town shall not relieve the Consultant of responsibility for the completeness or commess of the work. (a) All services shell be pertain by the Consultant tD the satisf tction of the Townes Project 14trmager who shall decide all questions, diffloWde% and disputes of what w natru% which may arlse ender or by reason of this Agreement The monitoring ofthe prosecution and fulfillment by the Consultant of the services hereunder, and the character, quality, amount and value d wreof, are within the Project f4bmsees authority. The Project Manager's decision upon all claims, questions, arld disputes shcil be final, c lusive, and biraflag upon the parties hereto unless sucb determinadon is arbitrary or unreasamable. (b) Adjustrrtmts of compensation and tim fbr a mpledon of services hereunder because of any major changes in &ee work that m& become necemary or be deemed desirable„ as the work progresses shall be left to the absohft dimetion of the Project Maeaw. In the event that the Consultant does not concur with the decisions of the Project Manager, the Consultant shall pmunt any sncih objections in writing to the Town Manager. The Project Manager and the Consultant sW abide by the decisions of the Town Manager unk ss arbitrary or umimmble. This paragaph does not constitute a waiver of either patty's right to praeeed in a court of c ompetentjursddiction, subject to the standards set forth above. RFQ 017-0S 'weral Plu=ing SavL- s" Page 4 of 14 35 of 49 39 All r+eperts, ftchgp, phone, speoificatlons, maps, contract documents, designs, andfor other data (the `Vocwn=W) developed by the Consultant puMant to this Agreement shall become the property of the Town without restrictions or limitations upon their use and shall be made available by the Comultant at any tune upon regmd by the Town. Itease of such Documews by the Town for any purpose other than that far vFIch prepared shall be at the ToWs sole ri L When each fcrdividus;l section or assignment of work requeMed pursuant to this Agent is completer all ofthe above Documents shall be delihered to the Town. The level of information mquhW too be provided at the campledw of an assigneal task shall be specified within the Purchm Order authorizing the wo& The Consultant may reuae data from other sections of the work included in this Agreement provided irmlevaat mMterial is deletead. The Town shall not accept any reused data containing an excess of irrelevant nuftrial which has no substantial c0nnection with the applicable portion ofthe work. SIN MON M— NOT�t S Any notices, reports or other written C a mnnmications ftom the Consultant to the Town shall be cxmsidered delivered when posted by cent fietl mail or dalivea+ed in parson to the Projea MwAgeor. Any notices, reports or other c mitninicatiow f em the Town to the Consultant shall be considered delive vd When posted by certified mad to SM Consultant at the last addraas left on file with the Town or delivered m person to said CoraiulW or rho Consults authorized represmWdlve~ SECTfON XIV — AUDIT RIGWML RET RKTION OP The Town, the Flom DerPartment of Cantu u ity Affairs, the U.S. Department of Housing and Urban Devalopwt, tle3 Culler C avl of the IhaW States, and any of their duly authorized representatives die right to audit the iecW& of the Consultant related to this Agmemeat at time dnrmgthe prosecution of the work Wuded herein and fora and of thr► is ma& The Comet agrees to copies of records subatant paymentpayment P +�R �' requests to the Town The Consuitnnt shall retain all records relating to this Contract for four (4) years altar the Town makas final payment and all other pending matters are close & STCTtON XV — IMMBMGN A-GAUM CO TMRW FEES The Consultant warrants that no companies or per ww, other than bona We employees working solely for the Conwhant have been refined or employed to solicit or secure this Agreement or have been paid or g;tatanteW payment of any fees, cornmissiona, pen9eatage fears, gifts or any vtber considerations wntingent upon or resulting from the award or mW* of thfs Agreement. The Consultant also wwmmts that no Town perso met, whether %04ima or part4f= mploymis, or offivecs, has or shall be retained or employed in any capeaity, by the ConmMant or ilia Town audwrized suboonsuitan% to accomplIA the work oomempiated under the to m of this Agennent. For breach ezr violation of the wsrrsnty, the Town shall have the right to annul this Agmnent withad 11elfty. RFQ #I7.N Vona planning Services?' Page 3 of 14 36 of 49 40 (a) TWs Agmement may be terminated, in whole or in pot in writing, bj either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termhution may be dftW Wdess the ether party is given: (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt regaes04 of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to tern hMoon. If termination far default of the Consultant is d#%cted by the Town pursuant to pamgmph (a), Consultant shall be paid only for all work satisfactorily completed prior to the notice of germination. Consultant shall remain liable for the damages, if any, caused by its default, (b) This Agreement may be terminated, in whole or in part, in writing, by the Town for its oonvenienc e, provided that the Consultant is afforded the same notice and consultation opportunity specified in paragraph (a) above. Qoly Town has the unllta] right to terminate for its convenience. Consultant recognizes that other covenants of the Agreemem saw as consideration for and support this unilateral right of Town. If termination for convenience is effected by the Town, an equitable adjustment in compensation payable to Consultant shish be made, which equitable adjustment shall include a reasonable profit for services or other work already properly performed prior to the notice of kWd to twniru to for which profit has not been already included in an Invoice. For any such termination for Convenience, the equitable adjustment shall provide for payment to the Consultant for services rendered and expenses incurred prior to receipt of the ratite of intent to termhMe, in addition to termination settlement costs directly and reasonably incurred by the Consultant relating to commitments (e.g., suppliers, subcontractors) which had become irrevocable prior to receipt of the notice of Intent to terEnInOW. Except as expressly stated above in this paragraph (bN Town shall have no further liability to compensate or pay Consultant. (c) Upon receipt of termination nation under paragraphs (a) or (b) above, the Conukw shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or ed rwise make milable to the T<nm a]l dato, drawings, tgxwM specifiradons, summaries end other such information, as may have been accumulated by the Consultant in performing this Agreament, whether completed or in process. (d) Prior to termination, the Town may take over the work and may award another poty an Agreement to complete the work deacribed in this Agreement RTQ#17-Q6 "(knaW Planning Sa vker Page WH 37 of 49 41 fie} K after ten Wwtion for failure of the Consultant to fulfill contractual obligations, under paragraph (a) above, it is determined that the Consultant haul not failed to fulfill cantyrac#rnal Obligations, the termination shall be deemed to have been for the convenience of the Towm In such event, a*stnMt of the contracted price shall be made as provided in paragraph (b) above. (ID Tiro parties may also terminate this Agreement by rmmal written agreement' MEMON EMI—.Dt1RAMiY OR ORBEI URr Thus Agwment shalt remain in full form and effect t from cceatkn as stotod in RPQ 617-06, Section 4.1, and for an uncertain term thmwfcr as a coming contract, subject to termination mdsr Section XVI. a. Comer agrees. to keep and maintain public records in CorkMeWr's possessim or control in connection with Contractor's paribrmanco under this Agent. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Stau*& Contractor shall ensure that public records that are exempt or confdenrtial and exempt ftom public records disalosare rcguitczmrts ate not disclosed, wwopt as authorized by law, for the duration ofthe Agreement, and following completion of the Agreement until the records are transfeated to the Town. b. Upon request from the Towns custodian of public records6 Comractor shall provide the Town with a copy of the requested records or allow the records to be inspected or copied within a rPamable time at a cost that does not exceed the cost provided by Chapter 1191, Florida StWes, or as otherwise provided by low. e. Unless aderwise provided by law, any and all records, including but not limited to rreport% surveys„ and other data and documents prodded or created in coon with this Agreonmt are and sha[I mmaW the property of the Town. d. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement In the possesion of the Comractor shall be delivered by the Contractar to the Town Ate, at no cost to the Town, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the Town in a format that is compatible with the TowWs information terbnolagy systems. Croce the public records have bcon delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt ftn public records divilpww requirements. e. Any compensation cue to Contractor shall be wilkhold until all records are received as provided herein. E Contras failure or refusal tea comply with the provisions of this section SWI result in the immediate termination of this Agreement by the Town. RFQ 017-06 "C =rd PlanniUg SrrrvkW Pvp7of14 38of49 42 Section 119.0701(2)(ai, Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER I19, FLORIDA STA"11:TES, 1.0 THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE, C't!S'TODIAN OF PUBLIC RECORDS. Custodian of Records: Debra E. Eastman, MMC Mailing address: 10720 Caribbean Blvd., Suite 105 Cutler Bar, Florida 33189 Telephone number: (30-5) 234-4262 Ismail: Jzit1J31:s11:e ;:ut;c1-b.t i7. e:t SECTION XIX — ENERGY POLICY AND CONSERVATION AC:1' The t.:orn ultant shall comply with mandatory standards and policies relating to energw efficiency which are contained in the state crte.•r&n conservation plan issu d in compliance with the Fner .% Poficv and Conservation Act ( Public I .n%% 9.1-16 i r. SECTION XX — TRUTH -IN -NEGOTIATION Consultant certifies that the wage: rates and other ractual unit costs, supporting this compensation are accurate. complete and current at the time of contracting. 'The original contract price and any additions thereto shall be adjusted to exclude any significant suns by which the To%vn determines the contract price %%as increased due to inaccurate. incomplete, or non -current wage rates and rather factual unit costs. All such contract adjustments shall be made within one year falla%k ing the end of the contract. Sls,X 1'IQN XXI ----• DRUIC HRF:E WORK PLAT. I lie Ce)rrsullarrt shall compl` %%.ith all 171ancla10-1 standards and policies w1attng to the 1.edcral Drug-rre Workplace ?1ct's Requirements. SECTION XXII —SPECIAL PROVISIONS (a) The Consultant agrees to comply with Title VI ol' the Civil Right Act of 1964. the Davis -Bacon Act. the Copeland Anti -Kickback Act. the Contract Work Hours Standard Act, the Health and Sa etv Standards Act. Section 109 of the Housing and Cornmun6 Development Act of 1974. Section compliance in the Provision of Training, lanployment and Business Opportunities, and the Consultant further agrees not to nnaintain or provide 1M it_% ernplo%ees any facilities that are segregated on a basis of race, color. creed. national origin. handicap, religion. ancestry. sex or age. by No officer or employee of the '*own or its designees or agents, no member of the governing bodN . and no other public official of the Town who exercises any Junction or responsibility with respect to this contract. during hioler tenure or for one (1) year thereafter. shall have am• interest, direct or indirect. in anc contract or subcontract. or the proceeds. Consultant shall* cause to he R FQ r 17-06 '-(;cncral Planning Scr v ices- P gc8of14 39 of 49 43 lacorpomted m all svbcontracts the language set forth in this paragraph prohWft conflicts of Wit. (c) The Consultant shall pe+rf m the work berela above set out as an independent contractor fte ftm direct control or supervision by the Town as to the means and melt& of performing the work and all persons engaged in the perfomrance of the work shall be solely the servants or employees of the Consultant or its subcontractors, as the case may be. (d) The Consultant agrees to comply with Executive Cyder 11246, which prohibits discrimination in employ =t regarding race, color, creed, national origin, handicap, religion, anvestrY: sex, or urge. An excerpt of such Executive Order being attaahsd her w and made a part hereto by rafeream The Consultant father agrees to comply with the filing of any and all information and reports required by the Executive Order and by the rules, mplatioRs, and ordw of the SemetW of Labor. JIc*il I M i L ems!► �, ti�i;��;� w (a) Consultant &ball indemnify and hold hornless the Town, its offceis and employe, from liabilities, damages, losses and cost% including, but am liatited Uk reasonable attorneys* fees, to the extent caused by the negligence, recklessness or intenthmal wrossod conduct of the Consultant and persons employed or ufilizad by the Consultant in to pof m mrce of the Ag=r=L (b) The Consultant shall not commence any work pursuant to this Agreement until all Insurance required under this Section lms beer obtained. Consultant must have and provide to Town a Certifcafe of Insurance showing the Town of Cutler Bair as additional insured. The Consukant shall maintain during the term of this Agreement the following insur ace coverage for services to be perforated for Town Departments: WorkmeWs Compensation Insurance —as required by law. Employer's Liability k mraace — $1 tOC%000. Pruffessional Lkbft lnsumnce — $1,000.000. Conn ur wslve GeneW LWity Imurm = — This coverage must be wrimn on the comprehensive form of policy. The basic policy farm is not acceptable. The policy must cooWn minimum limits ofliabtity as follows or $1,000,= Single Limit. Bodily 114jary: S1,000A00; Property Danw# : $1,000,000 each occ urmnce. Comprehensive Automobile LiabiSty Insurance — This coverage nwst be written, on the comprehensive farm of policy. The basic form is not acceptable. The policy must contain minimism limits of liability as ffillows or $500,000 Single Limit. 01000 each person; $500,000 each occurrence bodily injury; RP 917-06 10maral Plaradng Services" Pa$e 9 of 14 40 of 49 44 Wo aQa each occurrence property &mage; The policy must provide coverage fnr any automobiles. W All bmwanee policies must be issued by companies autlwrind to do business under the laws of the State of Florida. The dies must be rated notes than "W as to nuu O Ptneut and oo less than "Chm tit" as to strmrgth by the latest edition of Bests Insurance guide, published by A.M. Bast Company, Olwick, Now Jersey, or Us equivalent, or, at Town's discretion, the companies must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorised or Approved to do Business in Florida," issued by the State of Florida Department of Insurance and are members ofthe Florida Guaranty Fund. (d) The Consultant shall furnish certificates of insurance to the Town Clark's Office; 10724 Caribbean Blvd., Suite 105, Q tier Ray, Florida 33189, prior to the commencement of operations, which oertifltates shall clearly indicate that the Cmwilmnt has obtained insurance in the type amount, and classification as required for strict eampliam with this Section and rhea no material change oW cancellation of this insurance shall be effective without thirty (39) days prior written notice to the Town. (c) Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement; and the Town shall have the right to inspect the original insmwee policies in the event that submitted certificates of hisureace we inadetime to ascertain compliance with required coverage. E 12F &% NT,, �ErTiJT: NO MY_- TRIA►3� 2M� ... . (a) This writing embodies the entire agreement and mulerstanding between the parties Itereto, and theme are no other agreements and undostanding% oM or written with rem to the subject matter hereof that are nut merged herein and sapersaW hemby. No alteradon, change or modification of the terns of this Agmement shall be valid unless made in writing, signed by both pardes hereto, and approved by the Town The Town N1Wu pr shall act fear Town hoamder. (b) This Agreement, regardless of wirers executed, shall be governed by and construed according to the laws of the State of Florida, and venuo far any litigation hmeunder shall be made in Miami. Dade County, Florida. (c) Each party hereby expressly waives any right to trial by Jury in arty litigation hereunder or which is in any way related to the conduct or dowse of dealing between the parties. "Q#17-" "Casual Planning szviow Pd8c 10 of 14 41 of 49 45 IN WITNESS WHEREOF the parties hereto have CXCCLIled these presents this/Z day 201 '.7. Cal,wrin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, Fl. 33316 Bv: signed Shellev Fichricr/Senjor Vice President Nameffitle or \Viin Ned: Ntihe.: Eii6betb Prat Bv: Name: Maritza Martinez Town of Culler Bay 10720 Caribbean lilvd.. Suite 105 Cutler Bay, Florida 33189 Rafael G—asals To% -.in Manager Attest: 14, ra� E. Eastman. Town Clerk - Approved as to form and legal. sufficienc% : OF r-. Ali.t-.rS. E--R HELFIVIAN COLE, & BIERMAN, P.1 l'own Attorney Town Resolution No. 1-1 — k� \ RFQ it 17-06 "General Planning Services" Page i i or 1.1 42 of 49 INCORPORATED'." 2005 <"t 0 q I 46 NON-EXCLUSIVE PROFnSIONAL SERVICES AG MENT "GENERAL PLANNING $=VICES" CON`I`HWING PROFESSIONAL SERVICES : IT "A" The Corns Unts can expect to provide services encompassed by vmricus discipHu s, incluft but trot limited to the tasks identified below; caner d Planning Serr+tri+p+es Site Plan preparation or review; Growth Management Plan (Fuitun nand Use Map) amendmmtts and/or revMons; Land Development Regulations updates; dratiing of zoning ordinances and resolutions; sustainability analysis; green master pleading; annowflon studies; neighborhood planning; and housing needs amessments. Conemmucv Review Review the Town's existing vamprehensive plan requirements and land development codes for adequate public facilities and services in conjundion with the recent legislative changes under Chapter 1633 180 F.S., and momnatd adjustments or modific0oTts. In addition, the report wni analyze the potential costs and/or benefits to the Town of adopting adjusted levels -of -service standards for transportation, Inoluding Miami -Dade County policies that affea the Town's road network. The analysis and recommendations shall consider the cost and administrative impacts of specific c oncmT=cy requirements enumerated under Chapter 163.3180, Florida Sumac . The report will abo woommeud options for a Concummy Management: Sysbm The ComulU& wilt develop the option selected by the Town for implementation. Land Ike end &&g AgaWis Prepare and/or review land use and zoning analysis to ensure that the Town's Growth Management Plan and Land Development Regulations (LDRs) are kept cumnt with M w growth and davelopmerts within the Town. Review development pmposals to veft compatibility with the Town's caoncutrrency thresholds and requirements set in the C3rowth Mamagement Plan and adopted LDRs. Tmffle and Trena„pa_rtatl at Stodiu Field data collection and analysis fear the pmparation of traffie studies including, but not limited to: lrttersection and roadway capacity analysis signal warrant studies; signal timing analysis and dcsigru, traffic chmiation strtdies; traffic calming studies; WP generation; forecasting and assignment; as well as pavement markings and sigWng. AU traffic stualies prepared or reviewed by the Selected "Connhant(W must; be signed and sealed by a Professional Engineer registered in the State of Florida RFQ *17-0b -etneral Plem kv savicer Page 12 of 14 43 of 49 47 Em►i r+ammmUl Studies (RrawaWd Re&ydapmena Provide planning servioes that incorporms flood protection, coastal act fluvial processes, structural and non-stru tuml shoreline management practices, including green infiwtructure and environmental impact anidysis. Field data collection, site investigations, environmental assessments and design as needed to prepue remediation plans for underground storage tanks, hazardous waste mm daK asbesms removal, wedand mitigations, endaagmed species evaluations and permit app kadons- All documents to be signed and sealed by a Professional Engineer• registered in the State of Florida Review plans and permits for consistency with appUcable building and zoning codes, fire codes and Americans with Disabilities Act requirements. Selected "Consultant(s}" personnel would work under the supervision of the Community Development Director wW Building Official of the Town. The "Consultent(sr will make recommendation(s) of approval to the Town Community Devabpment Director and Building Official charged with issuing permits. Natural and Cultural Racurm A►j jg m�ents Natural inf'restcucbare is the intwconnemd network of natural and undeveloped areas needed to maintain and support ecosystems. Identif7cetion of damage to natural infrastructure (also known as green ors as tainaWe infras ruc Lure) as a result of natural or man-made events. Identification ation of appra$chesapplicable to the Town to pareserve, omwrve, r6haWlitate or restiom the area's cultural and natural resources. Mvelopment of a comprehensive plan and strategies to resmare public recreational resources. Water Rasonraea Planning Preparation of studies and/or plans to address Loral land use policies, local land use priorities, and water supply and qualify priorities as it relates to water conserwdon. Evaluate the Town's adopted watier conservation measures. Storm and floodwater management studies to protect rooeiving waters and the environment ED e i)ugeach Sete Prepare communication strategies and/or protocols to ear" Town mWe ds and inberested stakeholders in the planning process. Assist the Town staff coordinate events, Project meetings and f anal presentations for specific project or crommuaity fimcdons sponsored by the Town of Cutler Bay. =p$ Preiparation and review of landscape plans, including tree selectlen, tree identification, growth clmractedstics and rapiremenis (water, soil, nutrition] installation and es ablishmadn as well as pruning and nvfttMnc& Ijendroape, tree, and ihrription ihmpecdon for new development Projects. KARM= ga Ti t d w rl$ht ,to the M eLMMS.Ied wykas In order to xmi Lagede wiM reauirerne A attsffor teclmtcaf MOM "creme d Pkmlq SWACed' Pagot3of14 44 of 49 48 NON-EMCLUSIVE PROFESSIONAL SERVICES AGREEMENT "GENERAL FLANNM S]UtVICW CONTWUM PROFESSIONAL SERVICES EXHIBIT "B" SCHE ul"F RATES As set forth on pages Z to ached heMo and incorporated herein, and i*Wed by Town Mawger. RM#17-c6 "emral Plaamw services" Page 14 of 14 45 of 49 49 Rolding rode Services Crv0 Enaneerirg J Roadway & Hig"voy Design Coasted Engineering Coda EMorcement Consm.ciion Engineering & Inspealnn (CEII Consirw-llon Services Bala Tedmolagies & Developaent Electrical Engineering Engxxrl g Emacrmenlal Services FanTioe;Managorienl Geographic Information Systems IG151 Gamrnmmtal Services Landscape Architecture Plaanhil Protect Wanagemenl Redavemoment & urban Design Surveying & Napping Traffic Er itiorring Transpixredan Planning Water! 1101 as Engineering Wetzvm Development 1800 Eller Drive Sub 600 Fort Lauderdale, FL 33316 954921.7761 phone 954921.8807 tax WWW.6g=hItI 5.cpm Calvin, Giordano & Associates, Inc. E X C E P T 1 0 N A L 50L UT 10N S- PROFESSIONAL FEE SCHEDULE Principal Contract Administrator Project Administrator Executive Assistant /Clerical ENGINEERING Associate, Engineering (VI) Director, EnglneeringM Project Manager(N) Project Engineer(111) Engineer (11) Jr. Engineer(1) Senior CADD Tech Manager CADDTechnician PermitAdmintstrator DATA TECH DEVELOPMENT Associate, Data Tech Dev. GISCoordinator GISStiec)allst Multl-Medla 3D Developer GISTechnician Sr. Applications Developer Applications Developer Network Administrator System Support Specialist IT SupportSpecfalist GOVERNMENTALSERVICES Associate, VP Director of Code Enforcement Director of DulldngCode ProjectManager GrantsAdminlstrator Code Enforcement Feld Supervisor code Enforcement Field Inspector BulldinglOfflclal Building Plans Reviewer Building Inspector Permit Processor SURVEYING Associate, Surveying Senior Registered Surveyor Survey Crew Registered Surveyor Survey Coordinator CADDTeclmiclan 3D Laser Scanner Hydrogrephlc Survey Crew G.P.S. Survey Crew Sub -meter G,P.S Soft Dig (per hole) Utility Locates (per hour) 215.00 IMAM 165.00 75.00 190:00 175.00 150.00 130.00 110.00 100.00 3t5.00 95.00 90.00 155.00 145.00 125A0 11s.oa 100J00 165,00 135A0 155.00 115.00 8S.00 190.00 145.00 145.00 145.00 125.00 110.00 91100 115.00 90.00 90.00 7S.00 165.00 145M 135.60 13000 1D5.0D 95,00 3551XJ 330.00 155.00 710D 480.00 205.00 LANDSCAPE ARCHITECT Associate, Landscape Architect Senior Landscape Architect Environmental Admin istrator Landscape Architect Environmental Specialist Landscape CADD Technician Environmental Assistant Landscape Inspector/Arborist Landscape Designer Landscape Site Plan Reviewer INDOOR AIR QUAUTYSERVICES Sr. EnvironmentalScientist Environmental Sdentist CONSTRUCTION Associate, Construction Construction Management Director Construction Manager Sentorinspector Inspector construction Coordinator EMERGENCY MANAGEMENT Director Planner Assistant Planner PLANNING Associate, Planning DlrectarofPlanning Planning Administrator Planning Manager Senior Planner Assistant Planner EXPERT WITNESS Principal/Associate Registered Engineer/Surveyor ProjectEngineer in addition to the hourly rates fisted above, charges will include direct out-of-pocket expenses such as reproduction, overnight mall, and otherreimbarsablets billed at a multiplier of 1.25. 46 of 49 FORTLAOOT$OALE NIAMI-RAVE WESTPALMOM CLEARWATDi/TAWA 165.00 335.00 725.00 220.00 105.00 95.00 90.OD 105,00 120.00 135,00 125.00 109.00 165.00 135.W M.00 100.00 90.00 90.00 145.00 105.00 90.00 175.00 moo 150.00 145.00 125.00 90.00 330.00 280.00 230.00 Effective October 1, 2014 ESTERD PORTSLLUCIE 50 RESOLUTION NO.17-101 A RESOLUTION OR THE MAYOR AND TOOT COUNCEL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING THE QUALIp`ICATIONS OF THE FMMs TO PROVME GERAt. PLANN]NG AND DEVELOPMENT REVIXW SERVICES TO THE TOWN; AUTHORIMO TEE TOWN MANAGER TO ENTER Dff O A PROPEMONAL VICZS �4► MEN', f►ITH STKM QDALBIMG S; AND PROVIDING FOX AN EFp`ECTIV9 DATE, WH IMICAS, the Town of totter Bay, (dm `Town`') Comm�mity pevelopm� Dvmrti mt Mqffftzz0 is NWOnaffile for the inofpkaning shWiw such es the Growth anag mt Plan and L&udMWqMWd kepWowtc ensue the orderly dadopment of the Town; and the t dedm to contract with the most qudif'red cousultald to pm►videgeneral p1m wing =a d+evclo�trcdcw aeMwa ("SaMees"); and AS; a Reqned For . nHficadons No. 1746 CTN") was p ipared to identify the best avaMIC to provide the ftview and REAS, the Tom Couaca7 adopted R,esolwaa No. m38 mtharazing the isstmnoe offt RM ad i HEBRAS, on July 12, 2017, it was adversed is the Daily Budam Revisor, and WRERRA on August 21,2017, *9 Town lid a mmdetony pre -bid meaft that six (6) yoftU bidders dt=� emd an August 30, 20179 the Town reWmW foot (4) saded pm says Am kftmsNd bW dc% and the TowWo $eleckm committee ("Comnnt W) vm farmed to evaluo each ofthep opmb based an the w4ftcaitarialdCard W in the RM $nd VAEMRIASo the Committee hss mcommended wleeccting Kehh and Scimars, P.A., The Coaradiso C =?x Jzc., and Calvin Giordano od Associate's, Inc. (Tonm9twte) d'ar the the Tovm Cmmdl ids that this Resolution is in the best interest and weMre of the necdente of the Town. NOW, TSERBFQRj% BE pT RESOLVED BY TSL MAYOR AND TOWN COUNT OF THE TOWN OF CUTLER BAY, FWRIDA, THAT: 51 47 of 49 Seecchva I. Recitals. The above recitals are hue and coned and are incorporated herein by this reference. Section 2. AaQrovaL The Town Council hereby approves the Consultants for the Services. Section 3. Authorization. The Town Manager is hereby authorized, on behalf of the Town, to negotiate a Professional Service Agreement (PSA) with the Consultants, in substantially the same form as attached in Exhibit "A," subject to the Town Attorney's approval as to form, content, and legal sufficiency. Section 4., Effective Date. This Resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this 15`h day of November, 2017. Attest. I DEBRA E. EASTMAR, IvLVIC Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE SOLE USE OF THE TOWN OF CUTLER BAY: WEISS SEROTA HELFMAN COLE & BMRMAN, P.L Town Attorney 52 48 of 49 Moved Bar. Ca J Member Codat SevonBy. Vw' s MOW LoyaaUe FINAL VCTB AT ADOPTION., Mqa PqgV R. Bev' YBS vice mayor Sue Ellen Laynne YES CGuml Member Mary Ann Mixon YES Courteil Member I+r idwei F. Uhib= YES Comm MaanbarRowCodat YES 53 49 of 49 Detail by Entity Name I Page 1 of 3 Detail by Entity Name Florida Profit Corporation CALVIN, GIORDANO & ASSOCIATES, INC. Filina Information Document Number M17373 FEI/EIN Number 65-0013869 Date Filed 06/27/1985 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/21/2001 Event Effective Date NONE Principal Address 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Changed: 04/02/2001 Mailing Address 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Changed: 03/02/2000 Registered Aaent Name 8 Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 02/12/2018 Address Changed: 02/12/2018 Officer/Director Detail Name & Address Title PCEOD GIORDANO, DENNIS J 54 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/6/2020 Detail by Entity Name ` 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Title V Keyser, Curt 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Title V COOK-WEEDEN, TAMMY 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Title Secretary HOPKINS, DAWN 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Title V WATTS, STEVE 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Title VT GIORDANO, CHRIS 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Annual Reports Report Year Filed Date 2018 01 /02/2018 2019 01/17/2019 2020 01 /27/2020 Document Images G7i--P(:f11 ---F =- Page 2 of 3 55 http ://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai l?inquirytype=Entity... 3/6/2020 Detail by Entity Name • • Page 3 of 3 IW2C1i:114 -- ALIFMr) Fr) itifr'i U'A W :'' ?ti i PDz frrrnat CV21;/2014 -ANIFHOED;Ao.-AJAI R^iwR: 01100/201- --ANNUAL PFFOR T vit::: rr.tar{e r- Pi •i torrrat 01/04/2013 -- rtitdNUli!_ R "P{_ ^ ; vier: rr!ag P'DF 0104/2012 -- ANINUAL REPORc - Vie:: image in PC) fonrat 03,1512011 ARNUr1l. REPt)R- Vie:; rrna.1e in FUr format C2i17/2010--ANNUAL rREPOR7 ViEr, inna c in PJ;: format 02/25,1200.0 --ANNUAL RE?OR- Vic-,.,! it a: e in PDa ±ormFt 02121126C5 -- ANNUAL R EPOPT V,e�; ::-•a;r in PDF Format 04/23i2007 —ANNUAL REPORT Vie-.•f im.ace in PDF `orttat 0112WO06 -- ANNUAL REPORT 0111912005--ANNUAL RCF%RT 07;02/2004 --!ANNUAL REPCR i 0112712003 --ANNUAL REPOR i 03/13/2002 -- ANNUAL REPORT 04/02/2001 --ANNUAL REPORT 03/20/2001 -- Amendment 03.0212000 -- ANNUAL RE PORT 02/2411999 -- ANNUAL RcFORT 01/27/1998 -- ANNUAL REPi)RT 02/10/1997 -- ANNUAL REPORT 01/29/1997 -- NA41E CHANGF 02/06/1996 --ANNUAL REPORT 01/25/1995 —ANNUAL REPORT Vievi ma. e in FDF format Vic:': 'mage Ir PC.F format -Aevr image in POF format Vieti image r, POF forma; View image ii POF forma: V1ev., irnaye i � PLIF format 56 http:llsearch.sunbiz.org/Inquiry/Coiporati onSearch/SearchResultDetail?inquirytype=Entity... 316/2020 MIAMI DAILY BUSINESS REVIEW Pub6sned Davy except Saturday. Sunday and Legal Holidays Miami. Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DACE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review Mda Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI - PUBLIC HEARINGS - MAR. 17, 2020 in the XXXX Court, was published in said newspaper in the issues of 03/06/2020 Affianl further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Flonda each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and afBant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said Sworn statistical before me this 6 da MARCHJA.D. 2020 i ERMO GARCIA personally known o ...... BARBARATHOMAB Cartlmictiiat i GG 121171 yi EypimNcnllrbef2,2021 Slial Tlyi FW laersnee 600.365-7019 CITE©.==SOUTH NOTICE OF PUBLIC H )NOS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its _regular City Commission meeting scheduled for Tuesday, March 17, 2020, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following iterift A Resolution authoring the City Manager to enter into a multi -year piggyback agreement with Calvin Giordano & Associates, Inc. for General Planning Services. A Resolution authorizing the City Manager to negotiate a multi -year contract with Lez Florida Parking LLC for Parking Enforcemem Management Services. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at 305-663-6340 Nkenga A. Payne, CMG Gay Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 20 11fi/0000461707M 3/6 57 265E I I NEIGHBORS MIANU MAgCMe81ro MIAMIB MAKHIM ® �OV child -E, oYiecirn Ws musev�` p�tr'togine • creote Dr. 'Seuss's col 116hBirfWag � Tuesday, March 10 FREE ADMISSION .M The Sponsored by: Children'sTrust CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings) at its regular City Commission meeting scheduled for Tuesday, March 17, 2020, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Manager to enter into a multi -year piggyback agreement with Calvin Giordano & Associates, Inc. for General Planning Services. A Resolution authorizing the City Manager to negotiate a multi -year contract with Laz Florida Parking LLC for Parking Enforcement Management Services. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Nkenga A. Payne, CMC City Clerk Pursuant to Florida statutes 286.0105, the City hereby advises the public that its person decides to appeal any decision made by this Board. Agency or Commission with respectto any m mercomadered at its meeting or hearing, he or she wal need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based 68