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Res No 018-22-15771RESOLUTION NO. 018-22-15771 A Resolution authorizing the City Manager to instruct and to pay Calvin Giordano & Associates, Inc. to complete a Hometown Planning Study for the Hometown District Overlay. WHEREAS, pursuant to a Professional Services Agreement executed by the City and Calvin Giordano & Associates, Inc. (CGA) in 2020 for general planning services, the City desires to engage CGA to complete a Hometown Planning Study for the Hometown District Overlay (Study); and WHEREAS, in summary, the Study will review and update the regulations and policies for the Hometown District Overlay to enhance the viability of, and grow the area; and WHEREAS, the scope of work includes public engagement techniques, a market assessment and workforce housing evaluation performed by subconsultant Lambert Advisory, renderings showing development potential, conceptual streetscape illustrations, and documentation needed for amendments to the Comprehensive Plan, Future Land Use Map, Land Development Code, and Zoning Map; and WHEREAS, the contract amount shall not exceed $118,640. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The recitals set forth in this resolution are true and they are supported by competent substantial evidence and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is hereby authorized to instruct and to pay Calvin Giordano & Associates, Inc. in the amount of $118,640 to complete a Home town Planning Study for the Hometown District Overlay. The total expenditure shall be charged to account number 001-1620-524.34-50, which has a balance of $191,386 before this request. 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, the holding will not affect the validity of the remaining portions of this resolution. Page 1 of 2 Res. No. 0 18 -22-1 577 1 Section 5. Effective Date. This re so lution wil l become effect ive immedi ately upon adoption by v ote of the City Commission. PASSED AND ADOPTED thi s 15 th da y of February, 2022 . APPROV D: CITY CLE ~K COMMISSION VOTE: 4-1 Mayor Philips : Yea Comm i ss ioner Harri s: Yea Commissioner Gil: Yea Commissioner Corey: Yea Commissioner Liebman: Nay Page 2 of 2 Agenda Item No:3. City Commission Agenda Item Report Meeting Date: February 15, 2022 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: Subject: A Resolution authoring the City Manager to instruct and to pay Calvin Giordano & Associates, Inc. to complete a Hometown Planning Study for the Hometown District Overlay. 3/5 (Commissioner Corey) Suggested Action: Attachments: Cover_Memo_re_Downtown_Planning_Study.docx RESOLUTION_re_Downtown_Planning_Study.docx 22-5913 South Miami Downtown Planning Study for Hometown District Overlay 2.0 Revisions 2022.01.31 (CGA Executed).pdf Res No 038-20-15478.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor and Members of the City Commission VIA:Shari Kamali, City Manager FROM:Jane K. Tompkins, AICP, Planning Director DATE:February 15, 2022 SUBJECT: A Resolution authoring the City Manager to instruct and to pay Calvin Giordano & Associates, Inc. to complete a Hometown Planning Study for the Hometown District Overlay. BACKGROUND: Pursuant to a Professional Services Agreement executed in 2020 for general planning services, the City desires to engage Calvin Giordano & Associates, Inc. to conduct a Hometown Planning Study for the Hometown District Overlay (“Study”). The Study will review and update the regulations and policies for the Hometown District Overlay to enhance the viability of, and grow, the area. More specifically, the Study will include innovative techniques for public engagement, a market assessment and workforce housing evaluation performed by a subconsultant, Lambert Advisory, renderings showing development potential, and conceptual streetscape illustrations. Documentation needed for amendments to the Comprehensive Plan, Future Land Use Map, Land Development Code, and Zoning Map will also be prepared. EXPENSE:Amount not to exceed $118,640. ACCOUNT:The total expenditure will be charged to account number 001-1620-524.3450, which has a balance of $191,386 before this request. Attachments: Resolution Calvin Giordano & Assoc. Proposal Resolution No. 038-20-15478 and Professional Services Agreement 2 January 31, 2022 Ms. Jane Tompkins, AICP Director Planning and Zoning City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: City of South Miami Downtown Planning Study for Hometown District Overlay 2.0 CGA Proposal No. 22-5913 Dear Ms. Tompkins, Thank you for contacting Calvin, Giordano & Associates (CGA) for this very important project. CGA is multi-disciplinary firm that offers planning, urban design, landscape architecture, GIS, data development and management, engineering, transportation, construction, and a broad range of municipal services. With over 390 employees across six (6) offices, a Planning Department which includes seven (7) AICP Certified Planners, and current contracts with over 60 governmental entities, we are one of the most sought-after consultants due to our experience, integrity, pragmatism, and sterling reputation. This year, CGA is celebrating 85 years of helping communities throughout Florida. Complementing CGA’s role as lead consultant, our team includes Lambert Advisory, chosen specifically for their relevant expertise and familiarity with local and regional issues. Lambert is a long-standing CGA partner on projects involving markets, economic development, and housing policy, Lambert is an internationally recognized real estate and economic advisory firm, which has built a specialty within its practice dedicated to assisting municipalities, and community and economic development agencies/organizations with sustainable economic development, development planning, housing and fiscal impact analysis. We selected Lambert for this project because of the firm’s growing experience navigating local planning and government finance issues for economic recovery in the aftermath of the COVID-19 pandemic. The City of South Miami is considering a Downtown Planning Study (the “Study”) to review and potentially update the regulations found in the City’s Comprehensive Plan and Land Development Code, Article VII. – Hometown District Overlay Ordinance which was originally adopted in October 1993. 5 January 26, 2022 Page 2 of 11 The goals of the Study are to revisit and update the original regulations, enhance the viability of, and grow, the downtown area. This Study must recognize the historic character, walkability, affordability, and a realistic reliance on the nearby Metrorail system. The Hometown District is intended to support mixed-use commercial/residential development characteristic of traditional downtowns. The Hometown District is somewhat restrictive in terms of density and intensity, limiting buildings to four stories or fifty feet, maximum density to 24 units per acre and an overall FAR of 1.6. In contrast, the City adopted the Downtown SoMi land use category on April 23, 2019 for the area encompassed by the Shops at Sunset Place which permits a height of 195 feet, a maximum density of 65 units per acre and an overall FAR of 3.0. This area was part of the original Hometown District but was removed on the same date and is not a part of this Study. The portion of the City which is the subject of this Study is bounded by US 1, Red Road (SW 57 Avenue) and SW 74th Terrace. Included in the area is the historic core – Sunset Drive. Task 1 – Internal Kickoff Key members from the CGA team will participate in an internal Kickoff Meeting (which may be virtual or in-person) with the City’s team to confirm mutual expectations for the management of the project on both the consultant and client sides; flesh out details of the study, schedule and format of deliverables, particularly the final Plan document; review data needs and sources; finalize a list of plan stakeholders and champions; and brainstorm ideas for key aspects of the project. Deliverable #1 – Summary of Kickoff and List of Data Needs 6 January 26, 2022 Page 3 of 11 Task 2 – Public Engagement Process-wise, an assertive, proactive, and direct (individual) engagement with local downtown activists and stakeholders will be important from the project inception. For broader public input, it is recommended that one meeting be held in downtown (not necessarily at City Hall except for formal public meetings) and not limited to traditional workshop style meetings (though at least one of these will be necessary). Depending on the wishes of City staff, other public outreach techniques may include up to three events of the City’s choice, example; a storefront open house, sidewalk pop-ups, or walks and talks. Public engagement will take place throughout the life of the project. Informational memos and e-mail blasts for the public, Planning Board and City Commission will be prepared. Deliverable #2 – Summary of Public Engagement Process Task 3 – Review of Existing Comprehensive Plan and Land Development Code CGA will review existing Comprehensive Plan text related to the Mixed-Use Commercial/Residential Future Land Use designation and FLU GOAL 2 Hometown District. Additionally, a comprehensive review of Article VII. – Hometown District Overlay Ordinance will be completed. Focused reviews of the text; height and use diagrams; architectural, street and landscape standards; and the regulating plan will be performed. Diagrams shall be updated in an electronic format for ease of use and amending. Deliverable #3 – Summary of Focus Areas for Requiring Further Study Task 4 - Market Assessment and Strategic Evaluation Lambert Advisory - As it relates to the market and strategic components there are four distinct Sub-Tasks associated with this work: 1.) Market Assessment: As part of this initial task, general insight into redevelopment opportunities and, particularly, demand by use within a 10-year period within the Downtown area will be performed. A core objective of the market assessment will be to understand current and future supply and demand conditions (by use) that will be fundamental to assessing redevelopment opportunities that will support Downtown’s future intensity and density. Additionally, the market assessment will provide critical information related to the potential performance of select redevelopment opportunities that will inform the evaluation of workforce housing which is a very important factor to achieving the City’s goals and objectives for the downtown area. Deliverable #4 – Summary of Findings in Presentation (Key Market Finding Highlights) 2.) Strategic/Workforce Housing Evaluation: Based upon the market assessment above, the strategic evaluation entails an economic/financial analysis of select single and/or mixed- use redevelopment opportunities that will be instrumental to creating workforce housing policy and/or initiatives that are so important to creating a sustainable Downtown community. It is important to note that, absent any detailed development programming, design and costs that can be determined in this phase of planning, the evaluation herein is considered order-of- magnitude; nonetheless, we are confident the select redevelopment analyses will provide highly effective support for understanding the economics underlying 7 January 26, 2022 Page 4 of 11 the workforce housing initiative. Furthermore, this analysis will help set the baseline methodology for assessing alternative redevelopment policies such as Transfer of Development Rights (TDR) that can be used as a tool for protecting historic structures and undertaken as part of subsequent planning efforts. Deliverable #5 – Technical Memorandum The scope of services outlined below highlights the primary initiatives for conducting the market analysis, and potential redevelopment opportunity for the Downtown: 3.) Economic and Market Profile: At the outset, Lambert will profile pertinent economic, demographic and market factors that impact land use, business expansion, and space utilization within the Downtown. This will highlight key economic and real estate issues such as market demand and supply conditions for various redevelopment opportunities and primarily focusing on retail, residential (for-sale and rental), office and hotel. The goal is to provide an understanding of current market conditions in the market area, as well as identify notable trends that may have an impact on the Downtown plan. Importantly, Lambert will utilize previous and current economic and market reports to effectively streamline this component of the study’s process. Additionally, specific to the analysis of supply (by use), Lambert will be conducting very limited field research and will be primarily utilizing data from secondary sources of information (such as MLS and Costar) along with select phone interviews with key industry professionals. The focus of key trends within the demand and supply environment driving the Downtown redevelopment over the long term includes: Demand Conditions Our analysis of demand conditions will include economic and demographic trend and forecast analysis, as well as an overview of key industries and cluster identification. The analysis will detail: o Population and population characteristic trends and projections; o Employment trends and labor force characteristics and growth forecasts; o Household trends and projections; o Visitor growth trends and profile and expenditure patterns; and, o Traffic patterns and trends along the major thoroughfares. Supply Conditions The supply conditions analysis includes an overview of existing conditions for the primary real estate uses contemplated in the analysis, including retail, residential, office and hotel. As noted, the market information will be primarily based upon secondary sources of information from credible real estate institutions including but not limited to: Costar, MLS, and/or Placer. We will conduct a limited profile of select existing and proposed projects by real estate use, to identify: 8 January 26, 2022 Page 5 of 11 o Size of retail and/or entertainment center, office building, or residential project; o Major tenants in the case of commercial space; o Age and condition of development; o Rental and occupancy rates; o Sales per square foot in retail space; o Mix of tenants, customer profile and amenities; and, o Other pertinent information including an overview of planned projects considered to impact the Study Area. Estimates of Market Demand/Development Opportunity The final part of Sub-Task 3 will be to provide general estimates of market demand for all the uses considered for the Downtown. This represents an assessment of the market’s ability to support the development of certain uses and will provide additional information such as: o Estimated demand for residential, office, retail and hotel use within the Downtown within a 5-to-10-year timeframe; o Achievable average rental/sale price points by use; o Benchmark operating costs (by use) used to support economic/financial analysis; and, o Recommendations for broader strategic redevelopment planning, Transit Oriented Development (TODD), and nodal/site programming. 4.) Strategic Evaluation: As noted, the market assessment will set the basis for determining demand by use within the Downtown area and, thereby, helping CGA formulate regulatory policy and physical planning initiatives for desirable and sustainable development. For the most part, the market assessment focuses on the market-driven redevelopment opportunities whether single- or mixed-use. However, the City and CGA also recognize that there are other notable considerations associated with planning for growth outside of pure market demand and, namely, in this case ensuring availability of workforce housing and preservation of historic structures. And, supporting these initiatives often requires public participation, incentives, and/or alternative forms of subsidy to close potential economic/financial gaps that may be needed to ensure successful implementation. Lambert believes there are two primary components to the strategic evaluation, including: 1.) have a comprehensive understanding of market demand and redevelopment potential among a myriad of uses over a foreseeable timeframe. This will be accomplished as part of the Sub-Task above; and, 2.) having the capacity to prepare fairly comprehensive economic/financial analyses to gauge underlying valuations that will help to set policy around workforce housing. In this regard, we will create proforma to determine estimates of performance, feasibility and/or “residual value” for select redevelopment programs within the Downtown. The analyses will be driven by key “input” values, including: a.) the physical development plan based upon the mix and size of units, property and building features, commercial uses and other physical characteristics; b.) an estimated development budget for the proposed plan (and timeline/phasing); c.) estimates of performance including housing unit rental rates/sale prices, absorption/occupancy and income from commercial 9 January 26, 2022 Page 6 of 11 components; d.) estimates of operating costs for mixed income/mixed use development including variable and fixed expense items; and e.) financing assumptions that consider various sources of funding. These analyses will identify financial “gaps” needed to support workforce housing, set a baseline value for future evaluation of TDRs, and/or shed light on alternative mechanisms the City can turn to in its effort to support critical community-based programs. It is important to reiterate (as mentioned above) that, absent any detailed development programming, design and costs that can be determined in this phase of planning, the evaluation herein is considered order-of-magnitude; nonetheless, Lambert is confident the select redevelopment analyses will provide highly effective support for understanding the economics underlying the workforce housing and historic preservation initiatives. Deliverables #6 and 7 – Economic and Market Profile and Strategic Evaluations Task 5 – Massing, Renderings, Illustrations and Streetscape 1.) Create massing options and development scenarios and evaluate the impact of each Development of Scenario Graphic Illustration - CGA will prepare a 3-dimensional model of the maximum development potential allowable for the Hometown District Overlay to a degree of quality that illustrates a detailed building massing and a non-specific public realm to generally illustrate open spaces and the quality of context. o Create a CAD base map of the existing surrounding context using a high-resolution aerial image to include connecting and surrounding roadways, and contextual buildings along the periphery of the Hometown District Overlay boundary. o Prepare preliminary schematic block massing model to serve as a guide for the ultimate building massing model that will be developed. o Prepare building massing of existing historic buildings. Deliverable #8 – Preparation of Base Map and Preliminary 3D Model of Maximum Development Potential 2.) Develop renderings, diagrams, illustrations, design studies and diagrams depicting the future development. Renderings/Diagrams and Public Realm: o Develop, extrude, and form the street networks, sidewalks, and public realm components of the overall development. o Refine all massing and volumetric qualities for the various buildings that will comprise the built urban form of the area and incorporate architectural massing components to help convey the general land use of the building elements, including balconies, rooftop water coolers and elevator rooms, parking garage fenestrations, and storefronts. Because the building models will not have rendered material finishes (i.e.: glass, wood, stucco, etc.), these architectural articulations will serve to provide a more legible product. o Incorporate and colorize landscape qualities into the overall site model, limited to sod, trees and palms, to facilitate for the legibility of green public areas versus roadways and parking areas. 10 January 26, 2022 Page 7 of 11 Deliverable #9 – Public Realm Components and Massing Refinements 3.) Study the feasibility and desirability of creating design bonuses. Impacts of Development Bonuses: o Develop renderings, diagrams, illustrations, design studies and diagrams depicting the impact of development bonuses on the overall quality of the Hometown District Overlay. Deliverable #10 – Impacts of Development Bonuses Illustrative Depictions 4.) Develop concepts for streetscape improvements to enhance the new vision for the area Streetscape Improvements: Prepare 3-dimensional depictions of streetscape improvements to express the quality of life and character of the overall street corridors. o Depictions to include character-giving qualities that may impact, generally:  typological street sections,  overall paving design strategies,  vegetative strategies,  furnishing strategies, and  sidewalk use and programming strategies. Deliverable #11 – 3-D Streetscape Depictions Task 6 – Adoption Process 1.) Review and Transmittal: A complete, fully formatted Downtown Study document, Comprehensive Plan and Land Development Code changes, Future Land Use Map or Zoning Map revisions, along with an areawide concurrency analysis will be submitted for final review by the City’s Planning Board and City Commission. Members of the CGA team may participate in briefings and presentations prior to Public Hearings. The CGA team will attend one LPA Public Hearing and a City Commission Public Hearing (1st reading). The CGA team will assist City staff as needed in transmitting the proposed amendments to all the Reviewing Agencies after the first reading. Deliverable #12 – Draft reports for Comprehensive Plan and Land Development Code Hearings and Transmittal Package for Review 2.) Adopted Final/Online Ready Downtown Planning Study and Code Amendments Final Downtown Panning Study: The CGA will attend the final City Commission Public Hearing (2nd reading) required for adoption of Downtown Planning Study and will assist City staff as needed in submitting the adopted amendments to the State Land Planning Agency. After the review period concludes, the CGA team will prepare the final Downtown Planning Study for adoption. This will reflect any changes required by the State Land Planning Agency and other reviewing organizations. The final Comprehensive Plan document will be a usable, searchable and ADA compliant online document. 11 January 26, 2022 Page 8 of 11 Deliverable #13 – Final Downtown Planning Study, Comprehensive Plan and Land Development Code, and Future Land Use and Zoning Maps. NOT A PART: Study of the feasibility and desirability of creating a Transfer of Development Rights for the protection of historic structures. Areawide Traffic Impact Study BASIS OF PROPOSAL • Any opinion of the construction cost prepared by Calvin, Giordano & Associates, Inc. represents its judgment as a design professional and is supplied for the general guidance of the CLIENT since Calvin, Giordano & Associates, Inc. has no control over the cost of labor and material, or over competitive bidding or market conditions. Calvin, Giordano & Associates, Inc. does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CLIENT. • Calvin, Giordano & Associates, Inc. will require that all consultants carry proper insurance, including professional liability insurance, if appropriate. ADDITIONAL FEES The following services are NOT included in this proposal and will be considered Additional Services, which will be addressed in a separate contractual agreement. The services include but are not limited to: • Professional land surveying (i.e., buried utility investigation, easement research, condominium documents, project stake- out and as-built drawings). • Professional services required due to conditions different from those itemized under the Scope of Services or due to events beyond the control of Calvin, Giordano & Associates, Inc. • Review of Data supplied by the CLIENT (i.e., GIS data sets, databases, aerial images, etc.) required for integration into this project. REIMBURSABLE EXPENSES Calvin, Giordano & Associates, Inc., and its consultants will be reimbursed for the printing of drawings and specifications, deliveries, Federal Express services, required travel time and travel expenses, long distance telephone calls, fax transmittals, postage, fees paid for securing approval of authorities having jurisdiction over the project, renderings, models, and mock-ups required by CLIENT, as required. Reimbursable expenses and sub-consultant invoices will be billed directly to the CLIENT at a multiplier of 1.25. MEETING ATTENDANCE Due to the difficulties of predicting the number or duration of meetings, no meetings other than those listed above, are included in the Schedule of Fees shown below. Preparation for and meeting attendance, as necessary, will be provided on a time and materials basis and will be billed at the standard hourly rates in accordance with the attached Hourly Rate Schedule. 12 January 26, 2022 Page 9 of 11 SCHEDULE OF FEES Calvin, Giordano & Associates, Inc. will perform the Scope of Services for a lump sum fee as shown in the proposed Schedule of Fees: PROPOSED SCHEDULE OF FEES I Professional Services A Traffic $5,000.00 B Planning $60,000.00 C Landscape Architecture $27,140.00 D GIS/Data Technology $2,500.00 E Subconsultant: Lambert Advisory $24,000.00 TOTAL Lump Sum (Plus Hourly Services) $118,640.00 TERMS OF THE AGREEMENT • Calvin, Giordano & Associates, Inc., and the CLIENT agree by their signatures on this document that each party will not hire or attempt to hire any staff from the other party while under contract together. • CLIENT agrees to indemnify, hold harmless and, at Calvin, Giordano & Associates, Inc.’s option, defend or pay for an attorney selected by Calvin, Giordano & Associates, Inc., to defend Calvin, Giordano & Associates, Inc., its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, any appellate attorney costs, court costs, and expenses, caused by, arising from, or related to any acts, omissions or negligence of CLIENT or its consultants. • CLIENT agrees to limit Calvin, Giordano, & Associates, Inc.’s liability for any and all claims that CLIENT may assert on its own behalf or on behalf of another, including but not limited to claims for breach of contract or breach of warranty, to the amount of fees paid to Calvin, Giordano & Associates, Inc., pursuant to this Agreement. • Drawings, specifications, and other documents and electronic data furnished by Calvin, Giordano & Associates, Inc. in connection with this project are instruments of service. All original instruments of service shall be retained by Calvin, Giordano & Associates, Inc. and will remain their property, with all common law, statutory and other reserved rights, including copyright, in those instruments. This information provided in the instruments of service is proprietary and will not be shared with others without prior written consent. The CLIENT may request reproducible copies, and all original documents upon payment of all outstanding invoices, and expenses. • In the event of termination in accordance with this Agreement or termination not the fault of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, 13 January 26, 2022 Page 10 of 11 Inc. shall be compensated for services properly performed prior to receipt of notice of termination, together with Reimbursable Expenses then due. • Invoices for work accomplished to date will be submitted monthly and are payable within thirty (30) days. The CLIENT will pay invoices upon receipt and understands interest charges of 1.5% per month will be applied to any unpaid balance past thirty (30) days. Calvin, Giordano & Associates, Inc. may elect to stop work until payment is received. If work is stopped for thirty (30) days or more, Calvin, Giordano & Associates, Inc. may request compensation for start-up costs when work resumes. • PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CALVIN, GIORDANO & ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE IN NEGLIGENCE FOR ANY CLAIMS, DAMAGES, LOSSES, OR DISPUTES ARISING OUT OF OR SUBJECT TO THE CONTRACT. • The CLIENT or their representative shall be available to meet with Calvin, Giordano & Associates, Inc. and provide decisions in a timely manner throughout the course of the project. The CLIENT will provide all plans and other pertinent information, which are necessary for Calvin, Giordano & Associates, Inc. to provide complete professional services as outlined in this contract. • The terms of Agreement shall be valid for the Client’s acceptance for a period of thirty (30) days from the date of execution by Calvin, Giordano & Associates, Inc. after which time this contract offer becomes null and void if not accepted formally (evidenced by receipt of an executed copy of this document). All rates and fees quoted in this document shall be effective for a period of six (6) months, after which time they may be renegotiated with the CLIENT. • This Agreement may be terminated by either party upon not less than seven (7) days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. Failure of CLIENT to make payments to Calvin, Giordano & Associates, Inc., in accordance with this Agreement, shall be considered substantial nonperformance and cause for termination. MISCELLANEOUS PROVISIONS • CLIENT and Calvin, Giordano & Associates, Inc., respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither CLIENT nor Calvin, Giordano & Associates, Inc. shall assign this Agreement without written consent of the other. • This Agreement represents the entire and integrated agreement between the CLIENT and Calvin, Giordano & Associates, Inc. and supersedes all prior negotiations, representations, or agreements, either written or oral. • This Agreement may be amended only by written instrument signed by both Calvin, Giordano & Associates, Inc., and the CLIENT. • Unless otherwise provided, this Agreement shall be governed by the law of the place where the project is located. 14 January 26, 2022 Page 11 of 11 TERMINATION OF THE AGREEMENT • This Agreement may be terminated by either party upon not less than seven (7) days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. Failure of CLIENT to make payments to Calvin, Giordano & Associates, Inc., in accordance with this Agreement, shall be considered substantial nonperformance and cause for termination. • In the event of termination in accordance with this Agreement or termination not the fault of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. shall be compensated for services properly performed prior to receipt of notice of termination, together with Reimbursable Expenses then due. We appreciate the opportunity to submit this proposal. Calvin, Giordano & Associates, Inc. is prepared with the necessary manpower to proceed with the proposed scope of services upon receipt of the executed authorization. Our personnel are committed to completing the project in a timely manner. Please indicate your acceptance of this proposal by signing below and returning one executed copy of the contract to this office. We look forward to working with you in making this project a success. Sincerely, CALVIN, GIORDANO & ASSOCIATES, INC. Chris Giordano President ACCEPTANCE OF CONTRACT CALVIN, GIORDANO & ASSOCIATES, INC. By: Date: Name: Title: Chris Giordano President By: Date: Name: Title: Ms. Jane Tompkins, AICP Director Planning and Zoning Cost of these services are $118,640.00 as noted in fee breakdown. 1/31/22 15 RESOLUTION NO:038-20-15478 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 ofthe 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 17^dayof March,2020. Page 1 of2 16 RESOLUTION NO: 038-20-15478 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 17th day of March, 2020. Page 1 of2 ResolutionNo.038-20-15478 ATTEST: CITY GLERK } CITY ATTORNEY APPROVED: ^lAYOR BJMU,i-flstS COMMISSION VOTE: READ AND APPROVED AS TO FORM,Mayor Philips: LANGUA^,LEGALITY AMK Vice Mayor Welsh: THEREOF //I Commissioner Gil: Commissioner Harris: Commissioner Liebman: 3-2 Yea Yea Yea Nay- Nay Page 2 of2 17 ResolutionNo. 038-20-1 5478 ATTEST: APPROVED: CITYLERKl ~.U!d. ~~ / COMMISSION VOTE: Mayor Philips: Vice Mayor Welsh: Commissioner Gil: Commissioner Harris: Commissioner Liebman: Page 2 of2 3-2 Yea Yea Yea Nay Nay City Commission Agenda Item Report Meeting Date:March 17,2020 Submitted by:Jane Tompkins Submitting Department:Planning &Zoning Department Item Type:Resolution Agenda Section: Agenda Item No:5. 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 General_Planning_ServicesCArev.docx Professional Service Agreement.pdf SunBiz registration.pdf MDBRAd.pdf MHAd.pdf 18 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: Agenda Item No:5. 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 General_Planning_ServicesCArev.docx Professional Service Agreement.pdf Sun Biz registration.pdf MDBRAd.pdf MHAd.pdf 1 CITY OF SOUTH MIAMI Mir}[Til OFFICE OF THE CITY MANAGER the city of pleaTant^vIng 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. jkt C:\Users\EASYPD~l\AppData\Local\Temp\BCL Technologies\easyPDF8\@BCL@A80C7C93\@BCL@A80C7C93.docx 19 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 (S) years. ACCOUNT: Fees for these services will be charged to Account No. 001-1620-S24.34-S0, Contractual Services, which has a current balance of $109,93S. Attachments: • Draft Resolution • Piggyback Agreement, Calvin Giordano & Associates, Inc. jkt C;\Users\EASVPD-l\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A80C7C93\@BCL@A80C7C93.docx 2 CONTRACT FOR GENERAL PLANNING SERVICES THIS AGREEMENT made and altered into this3^day oflYWcn .2QX\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 toas"Contractor")whose address is 1800 Elder Drive.Suite 600. Ft.Lauderdale.FL 33316 andwhoseemail address is sfefclmer@cyasolttttons.com WITNESSETH: WHEREAS,theTOWNOFCUTLERBAY solicited bids pursuant toRFO #17-06 for GENERAL PLANNING SERVICES:and WHEREAS,tie TOWNOFCUTLERBAY,after completing a competitive bidding process,awarded a contract to Contractor,and WHEREAS,the City of South Miami desires to utilise the TOWNOFCUTLERRAY Contract with Contractor; and WHEREAS,the City is authorized,pursuant to the City of South Miami's Charter,to piggyback offofcontracts,such as the contract in question between TOWN OF Cirri jkr RAV and Contractor,mat were entered into in accordance with a solicitation process mat 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 «Contract,under the same provisions as set fordi in the contract between TOWNOFCUTLER BAY and Contractor pursuant toRFO #17-06 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 mat contract which shall be applicable to a purchase order to be issued bythe City and farther 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 made during the term of this Agreement,under the same price(s),terms and conditions as found inthe solicitation documents,the response tothe soticitaHon,and the Agreement/Contract and/or the Award,pertinent copies of which are attached hereto as Attachment A and made a part hereofby reference, 3. ah ^e**™**i*th*™ntm<*hfitwami TOWN OFCUTLER BAY and Contractor,shall be assumed to pertain to,and are binding upon Contractor and the City of South Miami.All decisions that are tobe made on hrf»«lf nfTOWNOFCUTLERBAY, asset form in the contract between TOWNOF CUTLER BAY and the Contractor,shall all be made by the City Manager for the City ofSouth Miami.Notwithstanding anything contained in the TOWN OFCUTLER BAY RFO #17-06 .andthe contract between TOWN OF CUTLER BAY lot 49 20 CONTRACT FOR GENERAL PLANNING SERVICES THIS AGREEMENT made and entered into tWs 34~ day orlI\oJch , 20.2Q, by and between the City of South Miami~ a Florida municipal Corporation by and through its City . Manager (hereinafter referred to as "'Cityj and CALVIN, GIORDANO & ASSOCIATES, INC., (hereinafter referred to as uContractor'') whose a<ldress is 1800 Elder Drive.. SUite HI, Ft. Lauderdale. FL 33316 and whose email address is seidtner@!..wsotutioDlLeoPl WITNESSETH: WHEREAS. the TOWN OF CUTLER BAY soJicited bids pursuant to VO t17-Gfi for GENERAL PLANNING SERVICES; and WHEREAS, the TOWN OF CUTLER BAY, after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS. the City of South Miami desires to utilize the TOWN or 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 CUTI.RR BAX and Contractor, that were entered into in accordance with a solicitation process that is at least as vigorous as tbat of the City of South Miami~ and . NOW, THEREFORE, the City and the Contractor, each throup their authorized representative/official, a,gree 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 pursuatit to RFO t#17..oc; as modified by this Agreement 2. The City has reviewed the contract between TOWN OF CUTLER BAY and Contractor and agrees to the provisions oftbat contract which shall be applicable to a purchase order to be issued by the City and further awees to the fair and reasonable~ of the pricing. Contractor hereby agrees to provide such goods and/or services, PUISUaIlt to the City", purchase order made during the term of this Agreement, under the same prlce(s), terms and colllditions as found in the solicitation documents, the response to the solicitation, and the AgreementlContract andlor the Award, pertinent copies of which are attached hereto as Attaduaetlt A and made a part hereofby reference. 3. AU references in the contract between TOWN OF CU11..ER 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 ofTQWN 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. Notwithst~ding anything contained in the TOWN OF CUTLER BAY Rm #17. Jute! the contract between TOWN OF CUTLER BAY 1 of 49 MIAMI andthe Contractor tothe contrary,this Agreement shallbe governed bythelaws of the State of Florida and venue forall dispute resolutions or litigation shall bein Miami-Dade County,Florida. 4.Term*Thetermofthe contract,including ail extensions authorized bythe contract shall not exceed five years* 5.Scope of Goods and Services.The scope of goods and services (which may hereinafter be referred to asthe"Work")areset forth inthe attached Attachment A and my attachments thereto and theCity's purchase order,the latter of which shall take precedence.The Contractor has agreed to deliver the goods,if any,and perform (he services,if any,ina woifcman like manner andin accordance withall state,county and City laws,atthe locations,if any, designated by the City.All of the goods and services reflected in Attachment A shall,unless otherwise statedinthe Attachment AorB,be delivered,ifgood,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 bythe City,said fees shall be waived 6.Contract Price.The contract priceforthegoodand services issetforthin Attachment A or B. Tf ™*ntWsrke set forth m the contractbetween TOWN OF CUTLER BAYandthe Contractor,the Contractor shall bepaid upon delivery of allthe goods,ifany,the completion of all the services,if any,and alter 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 ofthe contract between Contractor and TOWN OF CUTLER BAY. 8. Grant Funding:This project isbeing fiinded byN/Aand Contractor agreesto comply with all the requirements of that Grant,applicable to the delivery of the goods and/or services ttiat 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 andall of its subcontractors arerequiredto comply with the public records law (s.l 19.0701)while providing goods and/or services on behalf ofthe CITY andthe CONTRACTOR,under such conditions,shall incorporate this paragraph in allofits subcontracts for this Project and shall:(a)Keep 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 ofthe requested records orallow the records tobe inspected or copied within a reasonable time ata cost that does notexceed 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 ofthe contract term and following completion ofthe contract ifthe contractor doesnot transfer the records tothe public agency;and(d)Upon 2 Of 49 21 MIAMI and the Contractor to the contrary. this Agreement sball 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 ot'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 to· as the "Work") are set forth in the attached Attachment A and any attachments thereto and the: City's purcbase order, the Jatter of which shall take precedence. The Contractor has agreed to deliver the goods, if any, and perform 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 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. o. CODtraet Priee. The conb:act price for the good and services is set forth in Attachment A or B. If not otherwise set forth in the contract between mWN OF CUTLER BAY and the Contractor, the Contractor shall be paid upon delivery of aU the goo~ if any, the completion of aU the services, if any. and after final inspection and approval, by the City, that approves of the goods delivered. if any, and the services perfonned, jf any. 7. Preeedenee. The term, provisions and conditions of this AgreementsbaH take precedence over the terms, provisions and conditions of tbe contract between Contractor and TOWN OF CUTLER BAY. 8. 'Grant Funding: This project is being funded by Nt A and Contt'actor agrees to comply with all the requirements olthat Grant. applicable to the delivery of the goods and/or services that are the subject oftbis Agreement, and that are witbin its power to provide and to provide an 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. PubBc Records: CONTRACTOR and aU ofits 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) Keep and maintain public records required by the public agency to perfonn 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 cbaptet· or as otherwise provided by law; (c) Ensure that public records that are exempt or confidentiaJ and exempt from public records disclosure requirements are oot 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 20f49 completion ofthe contract,transfer,atno cost,to the public agency all public records in possession ofthe contractor or keep and maintain public records required bythe public agency to perform the sen-ice.Ifthe contractor transfers all public records tothe public agency upon completion ofthe contract,the contractor shall destroy any duplicate public records thatare exempt or confidential and exempt from public records disclosure requirements.If the 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:npayne^southmtamifl.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 lawsuit arising out of the Contract Documents or the performance of the Work thereunder or any counterclaim,cross-claim or third party claim filed in the same proceeding. 11.Notices:Whenever noticeshallbe required or permitted herein,itshallbe delivered by hand delivery,e-mail (or similar electronic transmission),facsimile transmission or certified mail with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or,if by certified mail the date on the return receipt or the date shown as the date same was refused or unclaimed.If hand delivered to the CITY,a copy must be stamped with the official CITY receipt stamp showing the date ofdelivery,otherwise the document shall not be considered to have been hand delivered. Notices shall be delivered tothe following individuals or entities atthe addresses (including e- mail)or facsimile transmission numbers set forth below or in the introductory paragraph to this contract: To CITY:City Manager, 6130 Sunset Dr. South Miami.FL 33143 Tel:(305)668-2510 Fax:(305)663-6345 E-mail:safexandertasouthiniami fl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami.FL 33143 Tel:(305)667-2564 Fax:(305)341-0584 H-mail:tpcpefesouihmiarnifi.gov 3 of 49 22 completion ofthe contract. transfer. at no COSI. to the public agency all public records in possession of the contractor or keep and maintain public records required hy the public agency to perform the service. If the contractor tmrlsfcr:-. all public records to the public agency upon completion of the contract. the contractor shall destroy any duplicate public r~"'Cords that are exempt or confidential and exempt from public records disclosure requirements. Inhc contractor keeps and maintains public records upon completion ofthe contnlct. the contmctor 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 fonnat that is compatible with thl! intonnation t.echnology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS RE(;ARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CO~TACT THE ClfSTODIAN OF PUBLIC RECORDS AT 305-663-6340; F.-mail: npayne(ii.:southmiamm • .K,.ov; 6130 Sunset Drive. South !\1iami, FL 33143. 10. Wah'er Jury Trial: City and Contractor knowingly. irrevocably voluntarily and intentionally waive any right either may h~lve to a trial by jury in State or Federal COUEt proceedings in respect tli any action. procc~'liing. or lawsuit ttrising out of the Contract Documents or the pcrtomlancc ofahe Work thereunder (lr any counterclaim. cross-claim or third part)' claim tiled in the same pmceeding. II. Sotices: \Vhencvcr nNice shall bc required or pcnnittcd herein. it shall be delivered by hand delivery. e-mail (or similar dectronic transmission). facsimile transmission or certified mail with fC'lum receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation fc)r an\' facsimile transmission or. ifbv certified mail. the .. ~ dati: on the rdum receipt or tht: date shown as the datI! same wa'S refused or unclaimed. Ifhand delivered to thc CITY. a copy must be stamped with the llfficial CITY receipt stamp showing the date of delivery, otherwise the document shall not bl! considerl!d to have been hand delivered. Notices shall be delivered [0 the tollowing individuals or I!ntitics at thl! addresses (including c· mail) or facsimile tmnsmission numbers set fOl1h hclO\\ or in the introductory paragraph to this contract: To CITY: With copies to: City Manager. 6130 Sum;el Dr. South Miami. FL 33143 Tel: (305) 668·2510 Fax: (305) 663-6345 E-mail: sa!exander(ll;southmiami n.gov City Attorney 6130 Sunser Dr. South Miami. FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E:-mail: tpepe(a;soutl1miami f1.Jml. 3 of 49 12.Validity of Executed Copies:This Agreement may be executed in several counterparts,each of which may be construed asan original. 13.Attorneys*Fees and Costs:In the event of any litigation between the parties arising outofor relating in any way to this Agreement ora breach thereof,each party shall bear itsown costs and legal fees.Nothing contained herein shall prevent or prohibit therightto be indemnified for any attorney fees incurred inthe defense ofan action bya person orentity who is not a party to this Agreement. 14.Indemnification:Notwithstandinganythingcontained inthe 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. IS- Severability:Ifanytermor provision ofthis Agreement or the application thereofto any person or circumstance shall,to any extent,be invalid or unenforceable,the remainder of this Agreement,or the application ofsuch term or provision to persons or circumstances other than those to which it is held invalid or unenforceable,shall not be affected thereby andeach term and provision ofthis Agreement shall be valid and enforceable tothe fill lest 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 tobe signed in their respective names by their proper officials onor before the day and year first above written. CALWN^a«*RD^NO & ASSOCIATES,INC.: ;i.":.T--> (type nameand titleof signatoryabove) ATTEST:CITY OF SO By:l)kj (111 B>>-^ Nkenfca Payn^.CMC /-^Steven Alexander City Clerk ^City Manager- Read and Approved asto Form,Language,Legality and Execution Thereof. Bv:."...>'>-;^—:>--%^^^-' Thomas F.Pepe City Attorney 4 of 49 23 12. VaUdit)' of Etecuted 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 orany litigation between the partics arising out of or relating in any way to this Agreement or a breach thereot: each party shall hear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnitied for any attorney fees incurred in t.he defense of an action by a person or entity who is not a pany to this Agreement. 14. Indemnification: Notwithstanding anything contained in the contract between Contractor and TO\\'N OF CUTLER BAV to the contrary. the City does not waive its sovereign immunity granted by Florida Statutes, Section 768.28. and the City's tort liability shull be limited to the \\laivcr of sovereign immunity provided for in Section 768.28. 15. Se\-'erability: If any tcrm or provision of this Agreement or the application thereof to any person or circumstance shall. to any extent be invalid or unenforceahle. the remainder of this Agreement. or the application of such [enn or provision to persons or circumstances other than Ihost! to \vhich it is held invalid or unenforceable. shall not be atTected thereby and each teml and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by 1tl\\,. IN \\fITNESS WHEREOF. and as the duly authorized act of the parries. the undersigned repn.."Scnlatives of the parties hereto have caused this instrument to be signed in their respective names by their proper otlicials on or before the day and year first above written. CA~Y~;9'9'~O & ASSOCIATES. INC.: .I' '. ,: ~ --i-".' <:*' .' , By: x·>, i'X. . ..... .> .-:>.... ..0 ..... :.; :; ,.v-·, ::: :IV>"!.::"'-,:: ~;:;_,.)_{\':~ ~' ..... C ~~) ~ .. ~ i~.~.;\r;,,-~. i) ~:' ;, .. \'~j' (type name lind title of signatory above) ATTEST: ClT~1 ~ By:~::...-_________ _ Steven Alexander City Manager Read and Approved aLl) to Form. l.anguage. Legality and Execution Therellf. /~.:.-.--~ -.~ ~ .. ~., .~~ By: ---=-~.~: _____ ... ____ _ Thomas F. Pepc City Attorney 4 or 49 INSURANCE &INDEMNIFICATION REQUIREMENTS GENERAL PLANNING SERVICES PIGGYBACK AGREEMENT GENERAL PLANNING SERVICES Insurance* A,Without Smiting its lability,the contractor,consultant or consulting firm (hereinafter referred to as "FIRM**with regard to Insurance and Indemnification requirements)shall be required to procure and maintain atitsown expense during the life ofthe Contract insurance ofthe types and inthe minimum amounts statedbelowas will protectthe FIRM,from claims which mayarise out of or result from the contract orthe performance ofthe contract with the City of South Miami,whether such claim fc against the FIRM or any sub-contractor,orbyanyone directly or Endfrectiy employed by any of them or by anyone lor whoseactsanyofthemmaybe liable. 6. No insurance required bythe CITY shall be issued or written bya surplus tones carrier unfess authorized inwritingby the CITY andsuch authorization shatP be at the CfTTs sole andabsolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance indie State of Honda,on forms approved bf the Stateof Florida,as will protectthe FIRM,ata minimum,from all claims asset forth belowwhich mayarise out ofor result from the FIRM'S operations under the Contract and for which the FIRM may be legally liable^whether such operations bebythe FIRM orbya Subcontractor orby anyone directly or incKrecdy employed by any ofthem,orby anyone forwhose acts anyofthemmaybe liable:(a)claims underworkers' compensation,disability benefit and other similar employee benefit acts which are applicable to theWork to be performed;(b)claims for damages because of bodily injury occupational sickness or disease or death ofthe FIRM9?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)claims for damages,other than to theWork itself,because of injury to or destruction of tangible property,including iossofuse resulting there from;(f)claims for damages because of bodily injury,death of apersonor property damage arising out of ownership,maintenance or useofa motor vehicle;(g)claims for bodily injury or property damage arising out of completed operations;and (h)daims involving contractual liability Insurance appftcabUe to the FIRM'S obligations undertheContract Firm's InsuranceGenerally. The FIRM shall provide and matatain in force and effect until all the Work to be performed underthisContracthasbeencompletedand accepted byCITY(or for such duration asisotherwise specified hereinafter),the insurance coverage writtenon Florida approved forms and asset forthbelow: WftrRgre*Cgmptngation lng«raireg atthe statutoryamountasto ali employeesin compliance with the 'Workers'Compensation Lav/"oftheStateof Florida including Chapter 440,Florida Statutes,as presently written or hereafter amended,andail applicable federal laws.In addition,the policy (les)must include:Employers'Liability atdie statutory coverage amount.The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance Commercial!Comprehensive General Liability insurance with broad form endorsement,aswellas automobile liability,competed operations and products liability,contractual liability,severability of interestwidi cross liability provision,and personal injury andpropertydamage lability with limits of $1,000,000 combined singSe limitperoccurrenceand$2,000,000aggregate,including; *Personal Injury.$K00O,CC0; »Medical Insurance:$5,000 per person; • Property Damage:$500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance shall bewrittenon a Florida approved form withthe same coverage asthe primary Snsunance policy butintheamountof $1,000,000 per claim and $2,000,000 Annual Aggregate*Coverage mustbe afforded on aformno more restrictive thanthe latesteditionof 5 of 49 24 Insuranc::e INSURANCE Ie INDEMNIFICATION REQUIREMENTS GENERAL PLANNING SERVICES PIGGYBACK AGREEMENT GENERAL "LANNING SERVICES A. Without limiting its Irabfllty, the contractor, <:onsulr:ant or l;;oMulting finn (hereinafter referred to as "'fiRM>' with regard to Insurance and Indemniftc:ation requirements) shall be required to procure and maintain at Its own expense durIng the life of the Contract insurance of the types and in the minimum amounts seated below as will protect the FIRM, fi"om claims which may arise out of or result from the contract or the performance of the contract with the Oty of South MiarnJ, whether such claim fs agamsc the FIRM or any sub-contractor, or by anyone directly or Indirectly employed by any of them or by anyone for whose acts any of them may be liable. S. No insurance required by the CITY shall be issued or wrlUfiI by iii surplus lines almar unless authorized In writing by the CITY and such authorization shaN be at the CITrs sole and absolute GJSCretion. The , fiRM shall purchase insurance from and shall ma.intain the i"$Uranc;e with a company or companies lawfully audaorlzed to sell insurance in the State of florida. on fonm approved by the Surce of Florida. as wlU protect the FIRM. at a minimum. trom all claims as set forth below whfch may arise out of or result from the FIRM's operadons under the ConU'act and for which the FIRM may be legaO)' liable, whether such operations be by the FIRM or by a Subcoli'ltJ"actcr or by anyone directly or IndJrectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' t:ompensadon, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages becalJlStl of bodily injury. occupational aidmen or disease. or death of the FIRM's emplo)l'ees; (c) claims for damages bec:ause of bodily Injury. sickneuor disease. or death of any penon odler than ttle FIRM's employees; (d) claims for damages insured by usual persona! inJury liability coverage: (e) dalms for damages, other than to the Work itself. because of injury to or destrUcdon of tangible property. indudtng loss of use resulting there i-om: (f) claims for damages because of bodily Inlury. 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 arising out of completed operations; and (h) daims involving contradllJalllabllity Insurance applicable co the FIRM's obll,plons under the Contract. Firm's Insurance Generally. nt. FIItM shall provide and maintain in fol'al and effect undl all d1e Work to be perfonne<l under this Contract has been completed and accepted by CITY (or for suds duration as is od1erwise specified hereinafter). the insurance coverage written on Florida approved forms and as set forth below: WaEkm" ComlCDlmOn JO!lUraDW at die stawtory amount as to alB employees in compUatlQe with me 'Workers' Compensadon laW" of the Sute of Florida Including Chapter 440. flOrida Statutes. _ presendy written or hereafter ametlded. and all applicable federal laws. In addition. the policy (les) muse: Indude: Employers' LiabIlity at the statutory coverage amount. The fiRM shall further insure that all of Its Suboomraaors maintain appropriate levels of Worker's Compensation Insurance. Commereiall Comprehent;iYf! Glneral Uabllity insuraf1lc:e with broad form endorrsement, as well as automobile lIability. compfeted operations and pl"Qducu liability. contractual liability. severability of interest with cross Uability provision. and personal injury and property damage liability with limits of $1.000.000 combined single limit per occurrence and $2.000,000 aarepte. Including: • PersonallnDury. ".QOO.O(lO; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence: Umbrella Commercial Comprehensive GenerallJabllt,y insurance shan be written on a FlOrida approved form with the same coverage as the primary il'l$Urance poIlqr but in die amount of $1,000,000 per claim and 52.000,000 Annual A&grepte. Coverage must be afforded on a fonn no more restrietive than the latest edition of 5 of 49 the Comprehensive General Liability policy,withoutrestrictive endorsements,as filed bythe Insurance Services Office,and must include: (a)Premises andOperation (b)independent Contractors (cjj Products and/or 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 anyhold harmless and/or indemnificationagreement. (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 Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,080,000.00)plus an additional One Million Dollar ($1,000,000.00)umbrella pitr occurrence combined single limitfor Bodily injury Liability and Property Damage Liability.Umbrella coverage mustbe afforded ona form nomore restrictive than the latest edition of the Business Automobile Liability policy,without restrictive endorsements,as fifed bywith the state of Florida,and must include: (a)Owned Vehicles. (b) Hiredand Non-Owned Vehicles (c)Employers"Non-Ownership Subcontracts:The FIRM agrees that ifany part ofthe Work underthe Contractis sublet,the subcontract shall contain the same insurance provision asset forthinthese insurance and indemnification requirements,other than the Fire and Extended Coverage Insurance and substituting theword Subcontractor fortheword FIRM where applicable. Fire and Extended Coverage Insurance {Builders'Risky W APPLICABLE: A in the event that this contract Involves the construction of a structure,the CONTRACTOR shaft maintain,withan Insurance Companyor Insurance Companies acceptable to die CITY,"Broad"form/All Risk Insurance on buildings andstructures,including Vandalism &Malicious Mischief coverage,while in the course of construction,including foundations,additions,attachmentsandallpermanent fixtures belonging to and constituting a part of said buiBdings or structures.The policy or policies shall also cover machinery,ifthecostof machinery is included inthe Contract,or ifthe machinery is located ina building that is being renovated byreasonofthiscontract The amountof insurance must,at all times,beatleast equal to the replacement andactual cash value ofthe insured property.The policy shall beinthe name of the CITYandthe CONTRACTOR,astheirinterest may appear*and shalB alsocover the Interests of all Subcontractors performing Work. B. All of the provisions set forth indie Miscellaneous sectionbelow shall apply to this coverage unlessit would be dearly not applicable. Ifanynoticeof cancellation of insurance or change in coverage is issued bythe insurance company or should any Insurance have an expiration date thatwill occur during the period of this contract,the FIRM shall be responsible for securing other acceptable insurance priorto such canceHation*change,or expiration soasto providecontinuous coverage as specified inthis section andsoasto maintain coverage during the life of thisContract All deductibles must be declared bythe FIRM andmustbeapprovedbythe CITY.At the optionof the CITY,either the FIRM shall eliminateor reduce suchdeductible or the Ff RMI shallprocure a Bond,ina form satisfactoryto the CITY coveringthe same. The policies shall containwaiver of subrogation against CITYwhere applicabHet shall expresslyprovide that such policy or polities are primary overanyother collectible insurance thatCITY may have.The CITY reserves the right at any timeto request acopyofthe required policies for review.All policies shall contain a "severability of interest"or "cross liability"clause without obligation for premium payment ofthe CITY aswell as contractual liability provision covering the Contractors duty to indemnify the City as providedin this Agreement. Before starting theWork, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance,acceptable to the CITY,aswellasthe insurance binder,ifone Is issued,the insurance policy, including the declaration page and all applicable endorsements and provide the name,address and telephonenumberof the insurance agent or broker through whomthe policy was obtained.The insurer 6 of 49 25 the Comprehensive General Uabillty policy, without. reSb'lcdve endorsements, as flied by the Insurance Services Office. and mutt include: (a) Premi$e$ and Operation (b) Independent Contractol'$ (c:) Produca andlor Completed Operations Huard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form A"cperty Damage (I) Broad Fonn Contractual Coverage applicable to this specific Contract, Including any hold harmless andlor Indemnification agreement. (g) Personal Injury Coverage with Employee and ContraCl1lal ExdlJlSlons removed, with minimum limits of coverage equal to those required for Bodlly Injury Uabnlty and Property Dam. Uabltlty. Busineu Automobi!t Liability with minimum limits of One Million DoOars ($I.ooo,oOQ.oo) plU$ an additional One Million Dollar ($1,000,000.00) umbraUa per O<ltUlTeftce combined $insle limit for 8od"dy Injury Liability and Property Damap Liability. Umbrella c:over.age must be afforded! on a form no more restrktive than the latest edition of the Business Autcmobtle Liability policy. without restrIctive endorsements. as filed by with the state of FlOrida, and must lncluck!: (8) Owned Vehldes. (b) HIred and Non-Owned Vehldes (c) EmplO)'el"s' Non.Ownershlp SubcontradS: The FIRM agrees that If any pan: of the Work iJlnder dte ContraCt is sublet, the subcontraCt shall contain the santi! insurance provision as set forth in t/tese Insurance and Indemnification requirementS, other than the Fire and Extended Coverage Insurance ami 5Ulmituting the word Subcontractor for the word FlkM where appUcable. Fire and Exttmdad Cove .... l!lI!!l!.JranC8 (Builders" Rlisk)" IE APPLICABLE: A. In the event that this contract lnvol¥es the construction of a strUCbire, the CONTRACTOR shall maintain. wIdt an Insurance Company or Insurance Companies acceptable to the orr, "Broad" form/AU Risk Insurance on buildings and structures. Including Vandalism & Malicious Mischief coverage, while In the course cf construction, Including foundations. additions. attachments and at! permanent fixtures. belongIng to and consdtulill'lg a part of said buildings or Stl"llc:tures. The policy or policies shall also cover mathinery. if the (O$t of machinery is included in the CQraout, or If the maeB'linery is located in a building that Is being renevatJed by ntason of thl$ wntract. The amount of insurance mu5t, at all times. be at least equal to the replacement and KtUaI 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 s.halD also cover the interests of all Subc:omnctors performl .. Wol1<. B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be dearly not applicable. Miscellaneous: A If any notice of tanc.ellatlon of Insurance or change in coverage Is issued hy the Insurance company or should any lnwrance have an expiration date that will O(:cur durlng the period of this c;ontrac:t, the FIRM shall be responsible for securing other acceptable In5uranoe prior to such c:anc:elladon. dlange. 011' expiration so as to provide continuous c:overage u specified in this section and so as to maintain c:overase durins the life of this Contract. B. All deductib.es must be declared by the FIRM and must be apJ)roved by the CtTY. At the option of the CITY. etcher the FIRM shall eliminate or reduce such deductible or the ARM shall procure a Bond. in a form satisfactory to the CITY covering the same. C. The poflcies shall contain waiver of subrogptlon aplnst CITY where applicable, shall expressly prOVide that such polIcy or pobdes are primary over any other collectlble insunmce that CITY may have. The CITY resef"'les the right at an)' dine to request a copy of the l"eClulred policies (or review. An polides shall comain a "severability of interest" 01" "crOS$ltablf~ clause without ~I&lltlon for premium payment of the CITY u well as. c:ontrac:tualllability provision covering the Contractors duty to indemnify the City 8$ provldlld in this Agreement. D. Before surdng the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as tJhe Insurance binder, If one fs issued, the insurance policy. Indudi .. 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 Insurer 6 of 49 shall berated A.VI1 or better per A.M.Best's Key Rating Guide,latest edition and authorized to issue insurance inthe Stateof Florida.All insurance policies mustbewritten on forms approved bythe State of Florida and theymust remain in full force and effect for die duration ofthe contract period with die CITY.The FIRM may be required bythe CITY,at its sole discretion,to provide a "certified cop/"of the Policy (as defined in Article Bof this document)which shall include the declaration page and ail required endorsements.In addition,the FIRM shall deliver*atthe time of delivery of the insurance certificate,the following endorsements: (1)a policy provision oranendorsement with substantially similar provisions as follows: 'The City of South Miami is an additional insured.The Insurer shall pay all sums thatthe City of South Miami becomes legally obligated to pay as damages because of 'bodily injury",'property damage1;or "personal and advertising injury"and 3t will provide totheGty all ofthe coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2)a policy provision or an endorsement with substantial ly similar provisions as follows: "This policy shall notbe cancelled (including cancellation for non-payment of premium), terminated or materially modified without first gving the Ciqr ofSou*Miami ten (i0)days advanced written noticeofthe intentto materially modifythe policy orto cancel or terminate the policy for any reason.The notification shall be delivered tothe City bycertified mail,with proofof delivery to the City." E If the FJRM 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 tothe above requirements, the FIRM shall also provide Professional Liability Insurance ona Florida approved form an the amount of $1 ,000,000 with deductible per claim if any,notto exceed 5%ofthe limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising outofthe services or work performed bytiie 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 shaM 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. TheContractor accepts and voluntarily Incurs all risks of any injuries,damages,or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other feult of the Contractor or anyone acting through oron behalf ofthe Contractor. &♦The Contractor shall indemnify,defend,save and hold CITY,its officers,affiliates,employees, successors and assigns,harmless from any and all damages,claims,liability,losses,claims,demands,suits,fines, judgments orcost and expenses,including reasonable attorney's fees,paralegal fees and investigative costs incidental there to and incurred prior to,during or following any litigation,mediation,arbitration and atall appellate levels,which may be suffered by,or accrued against charged to or recoverable from the City ofSouth Miami,its officers,affiliates,employees,successors and assigns,by reason of any causes of actions or claim of any kind or nature,including daims for injury to,or death of any person or persons and for the loss or damage to aay property arising out ofanegligent error,omission,misconduct or any gross negligence,intentional act or harmful conduct ofthe Contractor,its contractor/subcontractor or any oftheirofficers,directors,agents,representatives, employees,or assigns,or anyone acting through or on behalf ofany oftiiem,arising out ofthis Agreement, incident toit or resulting from the performance ornon-performance of the Contractor's obligations 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 ofthe 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,oract ofthe Contractor,its Sub-Contractor orany oftheir 7 of 49 26 shall be rated A. VII or better per A.M. Sesets Key Rating GlJlde, lateSt edition and authorl%.ed to issue Insurance In the State of Florida. AU InsuranGB policies must be wrlttien on fonns approved by the State of florida and they must remain in full force and ef'fec::t for die duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provIde a ucerdfied copy" of the Policy (as defined in Article I of this document) which shall Indude the declaration page and all re<julred endorsements. In addition, the RRM shall deliver, at the time of delivery of the insurance certificate, the foDowing endorsemeJ1ts: (I) a policy provisIon or an endorsement with subs,tantfally similar provisions as follows: "The 0'1 of South Miami Is an addldonallnsured. The Insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of "bcdlly 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 fonn! for commercial general liability <:overage A and coverage S .. ; (2) a policy provision or an endorsement with substantially simllar provisions as follows.: *This polk)' shall not be cancelled (Including cancellation for non-payment of premium). terminated or materially modified without fim 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 poley for any reason. The noclflcatJon shall be delivered to the en, by certffled malt, with proct' of delivery to the City." E. If the flAM is providing professional services, such as would be provkled by an ard1imtt, engineer, attomey, or accountant. to name a few. then in sud'! event and iPl addition to the above requirements, the FIRM shall also provide Professional Uability Insurance on a Florida approved form in the amount of $1.000,000 with deductible per claim if any, not to exceed 5% of the limit of IlabUtty pJ"01ricfmg for all sums which the FIRM shall become legally obligated to pay as damages for claims ariSing out of the services or work peH'formed by the FIRM its agents, I'EIpresentatives, Sub Contractors 01" assigns, or by any person employed or retained by him In connection with this Agr~ This insurance shall be maintained for four years after completion of the construction and acceptance 01 any Project covered by this Agreement. However, the FIRM may purehase Specific: Project Professional liability Insurance, in the amount and under the tern'lS specified above. whlc:h is also ~cceptable. No insurance shall be isSued by a surplus lines arrier unless authorized In writing by the I;tty at the city's sole. absolute and Unfett8red discretion. Indemnification Requirement A. The Contraaor aocepts and vofuntarlly Incurs, all risks of any injuries, damages, or harm which might. arise during the W1I)rk or event that Is oOCil.lrrl:ng on the CITY'$ property due to the neallgenee orod'ler fault of the Contractor or anyone acting through Qr on b.half of me Contral;tor. 8. The Contractor shall indemnify. defend. save and hold CITY. its officers. affiliates. limploy"s, successors and assigns, harmless frem any and all damages.. claims, liability, losses, claims. demands. suits, fines. jud&menu or cost and expenses, including reasonable attorney's fees. paralegal fees and investigative costs incidental there to and incurred prior "" durtng or follOwing any litigation. mediation, arbitration and at all appellace levels, which may be suffered by. or a.ccruecl against, ch2irged co or recoverable frem the City of South Miami, Its offIa!rs, affiliates, employees. successors and asslgns, by reason of any causes of actions or claim of any kind or nature. Including claims for Injury to, or death of any person or persons anel fer the loss or damage to ally property arising out of a negligent errol"', omiSSion, misconduct, or any 81'0$$ negligence, intentional act or harmful conduCt of the Concraaor. its contrac:torfsubcontractor or any of their officers, directors, aaems. representatives. employees. or assi,gm. or anyone acting through or on behalf of any of them. arising out of this Agreement, incident to it. or resulting from me perfonnance or nOll-performance of the Contractor's obligations under this AGREEMENT. C. The Contrac",r shall pay all claims. losses and expenses of any kind or nKura whatsoever. in ClOnnectlon therewith, including the expense or loss of the CITY and/or Its affected oflicers. affiliates. employees. successors and assigns. Including thelr attorney's fees, In the defense of any ac.tion 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 incidentto, thisAgreement, or incidentto or resulting from the performance or non-performance ofthe Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognfces that neither the CITY norits officers,affiliates,employes** successors and assigns shall beheldliable or responsible foranyclaims,including thecosts and expenses of defending such claims whichmayresultfromor ariseout of actionsor omissionsofthe Contractor,its contractor/subcontractor or anyof their agents,representatives,employees,or assigns,or anyone acting through or on behalfofthe them*and arising out of or concerning ^work or event thatis occurring on the CITY'S property,in reviewing,approving or rejecting any submissions oractsofthe Contractor,CITYinnoway assumes or shares responsibility or liability forthe acts or omissions ofthe Contractor,Its contractor/subcontractor orany of their agents,representatives,employees,or assigns,or anyoneacting throughor onbehalfof them. £ The Contractor has the duty to provide a defense with an attorney or law firm approved bythe City ofSouth Miami,which approval will not be unreasonably withheld F.However,asto design professional contracts,and pursuant to Section 725.08 (I},Florida Statutes, noneofthe provisions set forth herein above thatarein conflict with this subparagraph shall apply and this subparagraph shall set forthdie sole responsibility of the design professional concerning indemnification.Thus, the design professional's obligations asto the Cityandits agencies,as well asto its officers and employees,isto indemnify andholdthem harmless from liabilities,damages,losses,andcosts,including,but not limited to, reasonable attorneys*fees,to the extent caused bythe negligence,recklessness,or intentionally wrongful conductofthe design professional andother persons employed or utilized bythe design professional!En tine performance of the contract. 12 8 of 49 27 agents, representatives. employees. or assigns. and/or arising out of, or incident to, this Agreement, or Incident to or resultl'\l from !the performance or non-periormance of the Contnu:tor's obligations under this AGREEMENT. D. The Contractor a,gree, and recogn_ that neither the CITY nor Its officers.. affiliates. 1!roployees, successors and assigns mall be held liable or responsfbl. for any claims. including the costs and expenses of defending such daims which may result (rom or arise out of actions or omissions of the Contractor. its eontractorlsubcontractor or any of their agents.. representatives. employees. or assigns. or anyone acting through or on behalf of the them. and ariSing out of or concernill3 the work or event that is occurring on the CITY's property. In reviewing. approving or rejecting any submissions or aas of the Contractor. CITY In no way assumes or shares responslblllty Of liability for the acts or omissions of the Contractor. Its comraaorJsubtonU"actor or any of their agena. represenmtlves, employees. or assigns. or anyone aalng through or on behalf of them. E. The Contractor has the duty to provide II defense with an attomey or raw firm approved by the City of South Miami. which approval wnJ not be unreasonabty withheld F. However. as to desfsn profe$$ional contracts. and pursuant to Section 115.08 (I). Florida Statutes. none of the provisions set forth herein above that are in conftict with this subparagraph shall apply and this subparagraph shall set fonh the sole responsfbility of the des.1g1l professional concerning indemnification. Thus, me design profess.lonal's obllgatlons as to the City and Its agencies, jlS well as "' its officers and employees. is to Indemnify and hold them harmless from Ifabllitfes. damages. losses. and costs, including. but not limited to. reasonable attorneys' fees. to the extent caused'by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the desfgn professional in the performance of the contract. 8 of 49 12 CONTRACT FOR GENERAL PLANNING SERVICES ATTACHEMENT A Town of Cutler Bay RFQ, including: •SCOPE OF SERICES: RFQ #17-06 9 of 49 13 28 CONTRACT FORGENERA.l PLANNING SERVICES ATT ACHEMENT A Town of Cut Ie.' Bay RF'Q, including: • SCOPE Of' SERICES: RFQ#17-06 9 of 49 13 INTRODUCTION Cutfer Sa- Exhibit "A' Town of Cutler Bay REQUEST FOR QUALIFICATIONS RFQ #17-06 "General Planning Services" SECTION # I The Town of Cutler Bay (the "town"),a municipality located in Miami-Dade County, Florida,desires to receive professional qualifications for the selection of three (3)Planning Consulting firms (the "Consultants") to provide General Planning Services. Florida law requires the Town to make a determination of a respondent's qualifications to perform general planning services prior to engagement. The information used in this RFQ will be used by the Town to make this determination. The Sown reserves the right to award contracts to Consultants who will best serve the interests of the Town and whose responses are considered by the Town to be the most responsh e 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 the financial capability,integrity, experience and quality of performance of each respondent,including officers,principals, senior management and supervisors as v\e1!as the staff identified in the response. i.l SCHEDULE OK EVENTS ... No Event Date* ; lime* (EST) Advertisement.'Distribution o(RFQ &Cone of Silence Begins Mandatory Pre-RFQ-Response Meeting 2 10720 Caribbean Blvd.,Council Chambers Cutler Bay,Florida 33189 7/12/2017 8/2/2017 9:00 AM 10:00 AM 3 Deadline to Submit Questions 8/9/2017 1:00 PM 4 Deadline to Town Responses to Questions 8/17/2017 5:00 PM 5 Deadline to Submit RFQ-Response 8/30/2017 l 2:00 PM I ! RI"Q »17-06 "General Planning Services"14 29 f\ITRODlJCTION Exhibit '''A ,. To,""n of Cutler Bay ., REQt.1EST FOR QUALIFICATIONS RFQ # 17-06 '''General Planning Services" SECTIOI\' # 1 The l\nvn of Cutier Bay (t he '"Town"). a mun icipality located in lI.,.liami-D ack County. '·Iorida. desi res to receiv(, pr~\fessional qua lifications fur the selection of rhrel~ (3) Planning CClnsuHing firms (the "(0 n ~1lItatlts ") (Q pwvide' (Jenera! Planning Service's. Florida law requires [he-Town to make a determination of a [,(,:iporlden t'~ qual j fjcat i ()n ~ to pcrform gen eral planning services pril)r It) engagemt'n1. The illfon1wtion used in this RFQ will ht, us{'d by the Tmvl1 !O mah' th !~ dderminaliOIl . T he Illwn t"I:.'ser\t's the right 10 award contracts to Consultants who \v ill best S('1\ e the in i e re~b ~)r the '10\1> .. 11 and \\1110:'(, responses art~ cOl1skkred by the Town to be the 1110st 1'c:-,ponsi v l' and most rc~p'llbib le'. 1 h,.' T own n:~t'r\t~ the right to accept or re,i ecl :.my or all responses, based upon its dcliherati{lnS and (lpini(]n~. fn making such determinatioll, the Town reserves the right 10 irl\'cstigak the financia l capahi lity, integrity, experience and quaiity of perfllrmam:e of each r espondent. including onkers, pr i.llcipals, senio r management and sllpeni sors as well as the staff jdcnti tied Jil (he n'spnn sc. I.t SClH::t)UL£ OF f\'l~N'rS .. _ .. _",-------------------------T ---·----------. ,-. --. I j Oate* :~~;~ i Event I Advertisement.! Distribution or RFQ & Cone or I S'l [. 7/1 :2 /20 17 t ' i cncc dc~ms _ I 9:00 A\'I I i 10:00 A i\,of ,[\landatorv Pre-RFQ-Response l\:feeling -f; 2 !10720 car.ibbe.an Blvd .. Council Charnb~rs 812/2017 !e utkr Bai::_IJgri9~ 3318y____________ --------.-+-------1 i !Deadline to Subrnil Questions i 8i 9/20 17 1 :Of) P\·1 ' ------1-- - --------.----.-.-.·------------··----1'----------· -----.-- 4 :Deadline to Tmvn Responses to Questions 8/17 /2017 5:00 PM I . I '5 iDeadline to Submit RFQ~Response 8/30/2017 IL2:0U P:Vl I ____ i ...... __ .. _ .. ______ .. _". __ ._ ... _ .. ____ ,, ___ ... ___ ....... _._. ____ . ____ . __ ...... ___ .1. __ .. __ .. _______ ._ _ _____ ... _____ I RFQ Ii 17-Uo "(;cnl'rai Planning Sl'l'\'ic~s" 'iIJ1~ 1!qi' 2 1 14 >lk Cumr tBa 6 Evaluation of Qualifications Selection of Short-List Finalists 8/31/2017 Thru 9/15/2017 9/15/2017 8 [Oral Presentation 9/28/2017 Announcement ofSelected Contractors/Cone of 9 Silence Ends RFQ # 17-06 "General Planning Services" fmlif2] 11/15/20 The Town reserves the right to change the scheduled dales and time. 8:30 AM Thru 2:00 PM 2:00 PM 9:30 AM 7:00 PM 15 30 ~·~~:al~:t:on O;'~~:it~cati:S ----------l ~i3~~~~i7 -i ~~;~M . _-,-1_, 19/15 /2017 2:00 PM 7 Selection of Short-List Finalists 9,/1 5/2017 I 2:00 P~·1 I 8 lOra] Pre~enlation ---.. ----! 9 ,;8/2(~ 9:30 AM i 9~nnOl~~~.~~;~·~t-~1 Sek;:t~d (' o~t;;Zt~-r~;c~ne-~T t I ;15 120 ~7 + -;~O ; M1 i ?dcllc ~ Ends _ ._ _I I ! '~The Town rlt-Se r H'S the right to change the scheduled dales and t ime, RFQ Ii t7-06 "GeElerat Plannillg Sen'ices" ffltff 4~r2 1 15 jjk Cuimr Sa' 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 2.2 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 must be certified planners and member of the American Institute of Certified Planners (A1CP). 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 thoseof 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 Town will issue written addenda/addendum. Each respondent must acknowledge receipt of each addendum by signing the acknowledgement thereof (Appendix A) and providing it with its response. Each respondeat to thts RFQ must declare, by signing Appendices A and B, that the personfs), firm(s)and parties identified in the response are interested in and available to provide the sen ices required; that the response is made without collusion with any other personfs), firrn(s) and parties: thai the response is fair in all respects and is made in good faith without fraud: ami that the person signing any part of the response and cover letter has fill authority to bind the personfs). firrn(s) and parties identified in the response, 1.5 PUBLIC RECORDS LAW Florida law provides thai municipal records should be open for inspection by any person under Section I19. F.S. Public Records law. All information and materials received by the Town in connection with responses shall become property of the 1own and shall be deemed .v LrC ptJLHll lv*A?I\ls allvwvi tU L/UvrliV IlialJCwwUlI. 1.6 RETENTION 01 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 QfjjjjD p.m.).as described in Section 1.1-Schedule of Events: RFQ#17-06 "General Planning Services"16 31 1.2 ELIGIBILITY In addilion to other requiremen ts Sl<Hed in lhis document. 10 he eligihk to respond to this RFQ . the l'e s pondcJ1t m ust han: succes sfu lly provided . within the pasl tive (5) :y ears. serv ic e s si mi la r to tho se de snibed in Scuion 2.2 o f this RFQ. The re.spon (knt mu st meet al l lega \. tec hni cal and p r(lf~ssjona! requ ire ment s f)r providing the requested services. Tbe rc!'rll ndcn t project manager and task kadel's must bL' certified plan ners and memb er of t hL' American Inst itute of Ccrti fied Planners (A l ep). Rcs po ndem s shaH furn ish s uch addi tiona l information as .he Town may reasonably t'l'quire . Th is includes information lha l incli c[{rcs tinan c ia l resource s as \vc l! as a bility tu pro v ide an d mai ntain lhe re<{ui re d services deSlTibed here in . The Town n::Ser\'e~ the right to invt'sli gale Ihe respon de nts ' q ll alifications or those o f any of its llgenK as it deems appropria te . 1.3 ,\OOENOA If th e Town find~ it necessary to add iO, or amend ahis RrQ prior to the rL'Spoll:'I.' s ubmina l deadline. th e Tmvn wi ll issllc' wrinen aJdcndaiaJclendum. Eac h resp onden t mll~t acknowledge re c eipt ur each addendu m hy sig ning the acknowledgement thert~ol' (Ap p endix A) ll nd prm iding it with it:> respOllse. Each rc:..pondl.'tH to [lwI RF() must decla re . by ~igning ApPl'ndicl's A and 8 , Ihm the persoll(s). tlrrn {s) and purtie;, iderltiJicd in the respo nse arc in terested in and av a ilab le to rn)\ide t he ser\'ices n :quir ed; lh at the reSponse is made wilhout col !us ion \,'i ll1 an y oLhtT re r ~ol1( s). ii nll( s) and pan ics; til:.!! !he n ::-;pon s;: is f~lir in all re spec ts a nd is made in good failh without ti'aud : anti :hat the person signing any part of the n:sponse a nd (tlVe r ietter has fb ll authority to bin d th e pe rs onls1. fi rm(sl and parties ident ified in the resplm~e. 1.5 PUBLIC RECORDS lAW F I\Jri di.l law provides !ha l municipa l records should be o pen j{)l' inspedion by any perso n untkr Sectilln ! 19 . F.S. Puhl ic Records 13\'1,'. A ll info nmltion and ma krials rece ived by tht' To wn in ,:o nn eL·tilm with n::s pol1sc -; shal l become property (\f the To wn a nd ::;hall be deemed :0 be: p ubl ll' ,'I:'(ords subje.:t to pub l ic inspect ion. 1.6 RETE,\TlON OF Rl':Sl'ONSES The Tl)wOl rese rve s th e right lO retai n all respon se .. ~ubl1litt ed and to Lise any ideas ('o nla ineJ in any resp ()n ~e, regardleSS of whether th at respon de nt or any respo ndent is select ed. 1.7 Q{JESTIO~S A!\() CLARIFKA TlO:\S: AI! reque::,t s for in f0rma !i otl and /or clarification shoul d be s ubmitted in wr iti ng on or befo rc 8/9/21)1 7 (l :00 p.m.,. a~ d e:-.e rib cd in Sec l io n 1.1 -Sched ule: of E v;;;nts: I~FQ Ii t 7-116 "Grlll'nil Planning St'nit:es" f~lb~ 4~r 21 16 Cttmr tea Town Clerk Attn: Cutler Bay Town Center - General Planning Services RFQ #17-06 Town of Cutler Bay 10720 Caribbean Blvd.,Suite 105 Cutler Bay,FL.33189 Phone:(305)234-4262 Fax:(305)234-4251 Email:towncletk@cutIeft3av-fl.gov 1.8 TOWN AUTHORITY Proposals will be selected at the sole discretion of the Town.The Town reserves the right to waive anv irregularities in the request process,to reject anyor all proposals,reject a proposal which is in any vvav incomplete or irregular,re-bid the entire solicitation or enter into agreements with more thanone respondent.Proposals received after the deadline will no?be considered. 1.9 CAMPAIGN FINANCE RESTRICTIONS ON VENDORS Pursuant to the Town (ode 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'Campaign Contribution Disclosure: 1.General requirements: (A)Any 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 wish the Town Clerk, stating all contributions made that were accepted by an elected official of the Town,the official to whom thev were made and the date they were made. The Town Clerk may develop a form tobe used by vendors for such disclosure. (B)The disclosure shall be tiled prior to and as a condition of the award o\' anv Town contract to the vendor. (C)The Town Clerk shall inform the Council of any disclosures which were made in relation to any items before the Council priorto the hearing on the itemor prior to the award of the contract, (Dj 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 file a quarterly report listing the vendor disclosures in the quarter. RIQ#17-1IA "General Planning Services" VmW2i 17 32 Town Ckrk Attn: Cutler Ba y Town CL'ntL't' -General Plann ing Sen ices RFQ #17-06 Tmvn ofCutkr Bay 1 0 7 ~O Caribhean Bin!.. Suite i 05 Cut!t;'r Bay, FL :~3189 Ph o ne: (305) 234-4261 . h!x; (305 ) 234-425 ! Lmail: t owJ.K ~~2 rk(ftq'!krb3iY·· n,g~~y 1.8 TOW!\ AFl'HORITY Proposa!s will bc :-.eJccted a t the :,ok discretion of (hL' Town. The Town ['e s en cs the right to \,'aivl' any irrcgu1aritit.:!'l in th;.; lTljlll'!'l[ proccss. tl) rejcct any' or all proposals. n:jt.:c [ a proposa! which i~ in any \Nay irDCornpiett: or im:.'gular, re-bid the entire soiicilaLion ()r enter into agn.'LnlCnts wi t h more than onc n:spondcnt. Pn.)Jlos~lis n:ceivcd aner the dC<ldline will no! be l:ons!tkred. PUf'SlHlnl to the Town Code and Town Charter. vendors of [he Town arc req uired tu disl'lu:-.c any l'al l p3 ign contributi o ns [() l hc T f )wl1 Clerk. lind each vendor 1l1USl do s() prior to and as a condi t ion o1'1he award orany Town contract to tht.: n:mlor. V t"nJors' Campaign Ct}lll r ihutio[] Oisc l osllre: 1. (Jcncra l l'l'ljuirc!llcl1b: (A) An y v endor n:qllircd to disclose campaign l~on l ribLllions pursuant to the Cilarter llf the Town \)f Cutler Hay. as Illay be amended, shall tik a \,\,'ril1en disdosUIT wi~h the Town Clerk . st ating a ~i con t ributiL1l1s made that Wl']'C' 3 l't:l'ptCJ by an clcctl'd official of th e Town. the offici al to whom [hey were made and the da ~c they we re mad l'. The Tm'l'rl C lerk may d e \ dop a Jc.mn to he llst.:d by vendors f()r slich disclosure . ([5) The disc losure ..;ha l l be filed prior to and as a cond iti on of the' ,nva rd or a n;. T(wvn C(1l1tral't tll the \ cndor. (C) The Tmvl1 Clerk sha ll in('onn the COUllci] of any disclosures \.\ hich were made in relation to any items before [he Council prillr to l he hearing on the item or pr;\)I' tLl the award of the l'OntraL:t. (Dj If 3n e xisting \'endor makes a contrihulil1l1 , ti1e vt.:ndor must report the con !ri butillll 11.1 th12 T(mn Ckrk within t.he earlil'r of: len (10) days of acceptance or prio r to the award of the contract or re new al. (Ej The Town Clerk ~ha l! tEk a quarterly report list ing the vendor di"closllrc~ til the quarter. RFQ Ii 17-00 "(;cr"~l'a l Planning Sl.'n;ccs" f11Bi~qr 2 1 17 Jyk Cutler %a 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, fhe entirety of these provisions can be found in fown Ordinance 0o-22.as amended.The "Cone of Silence." 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 Town Council, Town's professional staff including,but not limited to. the Town Manager and his her stall,anv member 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 terminate at the beginning of the fown 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 Manageror 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: (I) oral communications at pre-bid conferences; !2,»oral presentations before selection or evaluation 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 bythe applicable particular RFQ,RFP or bid documents. The bidderor 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; (5) 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 tot- 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«l7-(»f> "General Planning Services"18 33 .?. Disqual ification: (A) [I' a ve ndor or products or services. direcLly or through a member ()f lh(' Jler~o n 's immcdia te ra mi Iy. through a pol itical action c ommi tt ee or thr(lugh a ny oth-:r person. makes a campaign contribution to a Town canciid::He and fails to d isclose it, the ve ndor s hall be ba rred 1'1'0111 selling any product or service to tbe Town fo r a per iod of t\V O yea r:; fo llow ing swc-aring in of th e Sl bject e lec.ted offici aL 1.10 COl\E OF SILE~CE Notwithsta nd ing any util eI' p rovisio n in this !>o l ic italion. the pro \'isioll s of Town "Cone uf Si lence" are applicable , The ~'n i!re ty or these proy is ion s can be fO llnd in Town Ord inan ce 06 -~.2. as amended, The "Cone of Silence ." as us ed herein, means a p rohibition on a ny Ct )n1 rllLm ieHtion rc~arding a pa rticu lar Request fur Prorosai ("RFP "). Reques t for Qual iiil·at ion ("parLintlar RFQ ") Or bid . be lw e en: /\ po tcn ti al vendor. 'il.'t'v ncc p rov ider, propo:>c r. b i ddl'l'. l obb y i st. o r consultant: and the Town COllllL'il. Tuwn's professional stalf ind lldi ng, hut not l i m ikd 10. t he Tuwn \olanager an d his her Sl afl, any me m ber o j' the To\\'n\ selection \IT evalua ti on Clll11l11 itlc e , The Cone or S ilenc e sha ll he imposed upon each parL icular RFQ , RF P and bid after ~hc advel1 is el1lcn l of said part ~cu l at· RFQ , RFP. or bid, The Cone of Silence shal l (cml ina te at !hc beg in n ing. of the Town Co ull cil meetin g ,,,,h en the Tow n ~hn age r nakes his \'v'r itte n reconll1wndati 0 11 tLl-th e '1'0 \,,,11 Council. Ho~,eve r. if the Tl)Wn C ollt1ci I rct'ers t hC' j'vlanagl'r's recommendation back to (he f\tanagcr or staff f()r f1ll1lll'r review . tbe C()nC' o j' Silence shaH DC rc-impose d llllLi l s uch ti me as the \1 ana ge r m akts il :;,u hs equc11l \\,Ti lt en rc cummendati(Jr!, The Cone ofSilcnee shaH nO( apply (0 : (I} ora l C0111f1llm icaliolls at pre -b id conferences: (2 i \wa l presen tat ions before :>dcctl ('1El or <2 ,'al uuti on l'('IH n ittl.'c,,;: (3) pub lic prcsentations made to the Town C ouncil d uring a ny dilly ,l)ric~d publil' meeting: (4) l'uO HnUlllccHlon in wn tIng at any ti me with any Tuwn e m p loYl:I:. un iess speciCica l!y prohibited by the ap pli ca ble partic ular RFQ, R FP or bid d()cum ent:-;, Th e bi dder Or pmpOl;er shall file a copy Ill' any' wTitt e n cOllllllunication with the Town Cle rk . The To w'n Clerk shall make cop ies Clvailabk to any per5l)f1 lIpon re q uest: (5 ) c()llllllunicatiLln'; regarding: a part kular RFO. RF P llr bid between a po tential 'vendor. service proviLk r. p ro poser. bidde r. io bby ist o r l'onslIltam an d thl.' T 0\'vl1 's Pu['cha s ing /\gcnt or T (\\vn L'mpl oY l'C design ated rl'~po nsi b le for adm inister in g the procurement process for s ud panicu lUl' R FQ. R F P or h id . prn v id ed the co mmunic at ion is limited !'>tric tl y t(\ ma tt ers o f proct'ss o r pr oc ed ure a lr ead y contained in t he cO ITe spo nti ing solicitation document: RFQ:1 l7-06 "(;cner a t I'lanning Sen ice s " f:tl~ a~r 2i 18 (i) (8) (9) Cmmr Sa communications with the Town Attorney and his or her staff; duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time the Town Manager makes his or her written recommendation; anv emergency procurement of goods or services pursuant to Town Code; responses to the Town's request for clarification or additional information; (1 0) contract negotiations during any duly noticed publicmeeting: (II)communications to enable Town staff to seek and obtain industry comment or perform market research,provided all communications related thereto between a potential vendor,sendee provider, proposer, bidder,lobbyist,or consultant and any member of the Town's professional staff including,butnot limited to,the Town Manager and his or her staff are in writing or are made at a duly noticed public meeting. Please contact the Town Attorney Ibr 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 Town Manager. LI 1 LOBBYIST REGISTRATION Proposers must also comply with all Town Charter sections and Code sections,including without limitation,those pertaining to lobbyists,including Section 7.6 of the Town Charter and implementing ordinancefsh including Sec.2-1 l<s)of the County Code and Ordinance 07-02.Please contact the Town Clerk at(305)234-4262 for additional information. END OF SECTION RFQS 17-06 "General Planning Services"19 34 (6 ) L'Utll[)lulllca[lons wl ih th~ Towll Anorne,Y and h i" or her starr; (7) du i y noti,:~d sit~ v i sits t(l detCIl1 l ine the clll1lPd~ncy of bidders regarding a pan icu lar bid du rin g the t ime pe ri od between t he open ing of bid~ and tk t im ... ' the Town Managcr makes his or her \vr it[cn r 'L'OfllIl1Cnda[ion ; (R} any emergen(:y procurement of goods or SI.~r\Kes pursuant t.o To wn Code: (q} respollse:-to [he Tmvn 's reques t {"or dari ficatit)J1 or addi!ional infon11<ttion: ( I ()) l'On !rae! I1l'gu li atiolls du ri ng allY duly notked publ ie meet ing: (I I ") cOl1ll1llmications to enable TO\m staff to seck and ()btain ind ustry cOlllment or perfo rm marker resC!arch . pro\'id(!'ti a ll ,:Otlllllllllicarloll S related th ereto be!v./een a potential vendor . service pro v ider. propos er. bi dd er, lobbyist. or consultant and any member of the To-wn's pro!Cssional staff including. but no! limited to, the Town l'vianager and his or her qarC art' In writing or ar e made at a duly noticnl public m eeting " Please con tac[ the Town Attorney i"or any questions conceming Cone or Silence eOl11pl iallcL'" Violati o n (If the C o ne of Siicnce b y i.l particular bidde r or proposer shall n:nd~r any particular RFO awa rd, RFP (lv.:ard or bid Cl\.\"ard to sa id bidder or propl.J s er \-oida hk by thl.~ lown (\)lttl~iI a nd 'or Town ~"lanager . 1.11 L.OBln"IST H E GISTHATIO ~ Pmpnscr:". m ust also c omp ly with a H Town Challer ~e di o ns a nd Code :'>ections. indlluing \,"ithout l im it ation, thmc pertaining In lobby is ts. inclu d ing SL'Ction 7,(1 of the Town Chartn and i mp kmem i ng lxdin(!tlL.:O::(s l. including SeC, 2-11 (s) of thl;' COlllty Code and Ordinance 0 7-0:?, PiL-ase cOniac! !h~' T ,lWIl Clerk at (105 ) 234-4262 for additiotlHI informat io n. RFQ Ii 17-00 U(~f..~nt.~I ·al Planning St.'ryit:·c!I~· f51~~~r 2 1 19 Jk. Cutfer $$a SECTION #2 SERVICES NEEDED BY THE TOWN 2.1 GENERAL BACKGROUND The Town of Cutler Bay (hereinafter the "Town")is located in the southern portion of Miami-Dade County.Florida. Fhe 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 Biseayne Bay to the east. The Town abuts the Village of Palmetto Bay to the north and unincorporated Miami-Dade Countyto the westand 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 'municipality in Miami-Dade County in 2005.Since incorporation 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 for 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, there are several small pockets of undeveloped land within the general vicinity of Old Cutler Road and Lakes by the Bay that can accommodate future residential (single-family units, townhomes and apartments|and mixed-use development. Residential uses occupy approximately 38 percent C2.500T acres) of the Town's total land area (6.523,1 acres),tar 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-Airc. and Pine Tree Manor,developed in the 1950s and 1960s.2) Saga Bay residential neighborhood locatedon the east sideof Old Cutler Road, developed in the 1970s.31 Lakes-by-theBay residential neighborhood located east of Old Cutler Road and south of Saga Bay,development began in the 1980s. The last parcels are currently under construction or are approved future development. The 1own anticipates that Lakes by the Bay will be fully developed within the next threeQ)years. 4)Cutler Cay neighborhood is located north of Saga Bay.developed in the 2000s. As indicated, the commercial uses are primarily located along the US-1 and Old Cutler Road corridors. Commercial uses occupy an estimated 265 acres (4.1%) of (he Town land area, while office uses approximately 26,7 acres (.4%). Although commercial uses comprise a relatively small percentage of the Town's total laud area, their prominent location makes them key to the Town's image and identity. The Southland Mall area located in the southeastern portionof theTown, southof the junction of US 1and FloridaTurnpikelocated on approximately 220-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 u.ses such as institutional, transportation, communication, parks, preservation and conservation areas, and undeveloped lands make-up approximately 57.5%of the Town's total land area. RFQ 8 17-116 "General Planning Services"20 35 SECTION # 2 SER VICES ,,{[EDED BY THE 1'O\\"1\ 2.1 GENERAL BACKGROUND Th e T(Hvn of ('ut kr Ray (he reinafter the "Tmvn") is located in the SQu thcnl portion of ~vl ia m i-Dade County. Florida. The To\v ll E$ comprised of approximate ly I (I square mi fcs boun ded b),' S Vv,' 184 Stt'ee! to rhe nort h. US I 13usway to the west, S\;,i 232 Street to the SQ uth. and BiscaY'ne !J ay to the cast. The To wn abuts tile Villagc of Pa lmett o Uay to the nor th an d unincO!TlOraled tv1iami -Dade County !O lhc wc:,t and sOlllh. The TO\vll is run'ently clwf<lcleri zt'tl by ~~ta bli s hed and de \.dop ing re'iidellt ia l cormnun ili es and c\)mrnen:ial dcvelopment along US-J and Old Cutkr Ro ad. The Town \va S incurporatcd as th e 35 111 municipality in i'vriam i-D adt' COllnty in :2005 . Since inc orp orati o n th e T own popul ati o n ha ~ grown from 39,000 (2005) to an estirn me<j 44,900 (Fsl . 2(} 16} n . .'sidcflIts. Th is rCr rc~l:llts a growth rate of ove r 300 residenl~ per year. This noderml:.' growth rate is I:.'xpecti;d to continue for thl:.' nt:x l rhrl:.'c to fi ve years as ne\v hOllsing dC\'el o plll en t s are completed an d others t'tHer the pl anning phase. Despite tht' ant icipated po pulation growth for the ne xt S l'\ era1 yea rs. the Tuw n"s bui1dabk la nd inventory for borh und e\c'lopeJ land \~ i!b in the gel1cnti vicini ty ur Old Cutler Ruad alll.! La kes by the Bay tha t C'.lIl accommo da te f u ltm:' res iden tial (~illglc -f~1ll1ily units . t()wnhomes and ~Iparrments ) and mi xed -u se dew l o~,)l1leni Rl'~i (kntial usc~ occu py appro xim at el y .i~ percent (2.50 0-+ acres) oj'the Town's total land art~a ((,.52 3.1 acres), t~tr exn:eding the acreage in a ll Y o the r use. There are four (4) resi denii a l ne ighb orhoo ds !Il !he lllWIl. I) t1\:'~gh bor h oll d west of O ld Cutler Road t hat ind udes Cut lcl' Ridg l'. Wh ispering PinC's. Bl'l-Airc. ant! Pine Trel.' ManUL dc vc:l opcd in the I 95Cb allt! I 960s. 2 i Saga Bay n.:·~idcn ti a l neighb o rhood located on (he ~~a s( sidl.' of Old Cuticr Road. de\ c'loped in the I Y70s. ~) Lak es-by-the Bay rt.~::;i de nt i al neig hborhood lot:ared t.'U5>t or Old Cu tler Road and ~()urh (')f Saga Ray, de velopmen t began in tht' 1 9~O~. T he last parcels a rt~ current !.y u l1der (onstrlllt ion or a re approved future deve lo pmen1,. The Town antkirates thai Lakes by t lll~ Bay wd l be fully de\ elv ped within t he next !hree U) years. 4) C~ltler Cay neIghbo rho od is loc atd north of Saga Ba y. de vcl opl'd in the 2 00 0~. !\s in di..:ated , !he ..:ot11t1lt;rc ia l usc:.; are pri ma ri iy IllCafed along the US -I and U ld Cutler Road co rr idors . Com mer..:ial us~>-s ocn!py an eSl imat ed 265 acres (4 .1 r~,o) o f the T l )\Vn lan d area. whi k ot1k e US l'S <lI ll Prox imatcly 26 .7 acr('s (.4°h). Although c.o mmercial usc~ comprise a rc i<u ivdy small rcn:t~ntag e of th e Town'l' total land are a, [hei r pro minent lot'at ion mah~:'i ~ht.~rn key lo the Tuwn 's image and ill entity. Tht' Sou[hlami }"-1a 1l a n~a lo cate d in lhe' ~oulhcastelll porti o n of the TOVdl . south of th e junction of US I and Flo ri da Tumpike located 0 11 apPl'Oximak ly 220-;Jcre :iite is t h t;~ only regio nal ma ll in so uth Mi ami-Da de Co unty. T h is rv'la ll 5t:.rv es the retai l !le eds of both the SO Utl l Dade and rv1ont'Oe COLmty res id ents. The Olller llS·C'S s Llch as !ll sti tt ll ionaL tran s portatioll , communication .. parks. prc:;,c r varion and cUflS",ryallon meas. and unde veloped lan ds ma ke-lip ap pl'Ox imak ly 57.5 (~·() lJf tht' Towrl'~ lo!a] land area. RFQ it ff-On "Genel'al 1)I:lIIning Sen-[t'~$" fMw 4~r 21 20 Cumr *&a fhe 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 SK0.1 million. These projects will generate an estimated Si37.000 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.Theseother commercial projects (restaurants,retail and commercial stores) are located along the US 1corridor in one of the Town's Brownfield Areas (Perrine Brownfield Area). These projects are generating newjobs and are the basic foundation for future redevelopment along the US I corridor, 2.2 SCOPE OF WORK 2.2.1 Purpose The purpose of this section of the RFQ is to highlight the professional sen ices to be_ under the General Planning Consulting Service contract by the three (3)firms selected.The selected '"ConsultanUsf will act as a technical resource for Town Staff. The selected "Consulting Team(s)"shall have the capability and experience to integrate basic planning practices (social, environmental and economic disciplines) to proacthely engage residents and interested stakeholders in the Town's planning decision-making process. The proposed technical staff should be composed of experienced certified planners (AlCPs)with mtilti- disciplinarv 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,fhe services would be project specific (including cost recovery assignments)and wdl be assigned ona work-order basis. •provided The following provides a description the professional services that selected •'Consultants)"shall provide the Town of Cutler Bay underthis contract. 10. General planning sen-ices Concurrency Review Land use and zoning analysis Transportation studies Environmental studies (Brownfield Redevelopment) Plan and permit review (includes inspections sendees) Natural and cultural resources assessments Water resources planning Public outreach support services Review landscape plan In addition,the "Consuitant(sf may be asked to assist the Town in project coordination meetings with other municipalities,regulatory agencies,developers,and local and state governments.Selected "Consultants)"must have readily available the technical capabilities and in-house resources to meet the requirements of this scope. RFQ U 17-0ft "General Planning Services" fmW21 21 36 rhl;' majority of tIll' resiciential projccts an; either completed or in the construction phase. Once these resident ial projects are compiekd the 1"0 V.:11 \. .. .-i ll have over 500 nevI" hOlls ing units in their propcny iaX role \vith an L'Siimated assessed value of S~O.1 million. Thesc projects will !Lmcratc an c~[irllatC'J $137.000 in new prorerty taxes f(.)l' tht: Tuwn. During the same pe riod . the Tll\"I ll also appn)veJ several l'lllnmercial mixed-use projects in addition to [he Shoppcs uf CUlkr Ray'. These other C<.I111mcrciai projects (rcstauranb, rdail and commercial sl'Orcs) are loca ted along the L.'S I corridor in one of the Tow n's Brownfield /\reas (Perrine L3rownJkld Area), TIWSt~ projects are generating new j obs (lnd 3re tht' basic fotlnd3t iol1 for fu [Urc rc(kvdopment alptlg the-US 1 corridor'. 2.2 SCOPE OF' WORK 2.2.1 Pu rpos(' Tht purpose ll f .hi:; SecliOI1 oCrhc RFQ i~ w highlight the prufessional senict·s 10 lw provided umkr the Cielll:ral Planning Consu lting Service c()ntract by t he three n') timls selected. The scb:ted "Consultan!(s( will act as a iechnira l rt'SOlm:e for Town Staff. The sckt:ted "ConsL,lling Team(s)" s hal l have the capabi lity al1d experknc~~ to integrate bask planning r racticL''S (sllc ia L environmental and economic discirlillc~) tu pror.ctiH'ly engag.e residct1[~ and interested :o.wkciloldcrs in the Town' s planni ng deL'ision-making prOCt'ss. The proposed H:'L'hnical staff' should be cumrOSt~d 0 C l'xpt'ri l:I1L'cd ceniiicd planners (.A ICPs) with multi- disciplinary backgi'Ollnds that in cludes . hut is no ! limik'd to. land llse planning. project illlpleme ntati on. land lkn~lorment regulations. comprehensin: planning. ellvirolllllentaI p lanning. m mspo n3tion pl a nn ing. and economic analysl.s. The services would be project '-f1l'cific (including co~r recovcry assignmcnt~) and w ill k assignL'd on a work-order hasi:,. The folluwing pro\'ilks a descri p Liun Dr the professional sc~rvjces that sc1eL'lcd "C()tl~[j l lant(sf shaH provide lhi:' Town nrCuller Bay under !his contra ct. I. lreneral plann ing. services , Concurrency RC'vic\\i 3 . Land ust.? a nt! Lonill~ a[)aly~is 4 . Tran.:..ponuti(l11 studies ). Fm 'i ronrm:n lal studies (Brownlic:ld Redevelopment) {i . Plan ami pe rmit re\iew (includes inspections services) 7. Natural a nd \.:ultural resources assessments ~. \\-';:ucr ['C'sources planning 9. Publ ic outrcacll surrort sC']"\·ice:-. 10. Revicwlandscapt' plan In additi on. t he "Consulta1ll.(s)" may be asl-:ed w assist the Town in project c:oordi nat ion meeti 19S w ith olher municipa l itie s. reglliatory agencies. dt~\'elope rs, and loca l and state govc-rtll1l(:nt s . Sclc-ctcd "Consultant(:-)" must haVe readily available-tht.? technical capabi i it i c~ and in-housc rCSOlll'CC'S to !l1C'Cl the fCq uirC'ments of til is scope. RFQ:; 17-0n "(;rnt'I'at r'lalllling St'nin's" P;tlt,~ ~~r ~ [ 2 1 fJI Cutter <&a 2.2.2 Scope of Work Professional Services 1.General Planning Services Site Plan preparation or review;Growth Management Plan (Future Land Use Map) amendments and/or revisions:Land Development Regulations updates;drafting of zoning ordinances and resolutions;si.istainability analysis;green master planning; annexation studies: neighborhood planning; and housing needs assessments, 2.Concurrency Rev iew Review the Town's existing comprehensive plan requirements and land development codes tor adequate public facilities and sendees in conjunction with the recent legislative changes under Chapter 163.3180 F.S.. and recommendadjustments or modifications. In addition, the report will analyze the potential costs and or benefits to the "fown 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 concurrency 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 Useand Zoning Analysis Prepare and or review land use and zoning 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 development proposals to 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 and assignment;as well as pavement markings and signing.All traffic studies prepared or reviewed by the Selected "Consultants T must be signed and sealed bv a Professional hngineer registered in the State of Florida. 5. Environmental Studies (Brownfield Redevelopment) Provide planning services that incorporates flood protection,coastal and fluvial processes, structural and non-structural shoreline management practices, including green infrastructure and environmental impact analysis. Field data collection, site investigations, environmental assessments and design as needed to prepare remediation plans for underground storage tanks,hazardous waste materials,asbestos removal,wetland mitigations,endangered species evaluations and permit applications, All doctimentsto be signed attd sealed by a Professional Engineer registered in the State of Florida. RFQ U !7-(lfi "General PlanningServices"22 37 2_2.2 Scope of \Vork Professional Services I . Cieneral Phlllninv: Services Siit· Pl an p reparati o n o r rC\'icw : Crowth :-vlan agcllli.:nt Plan (Fuwrc Land L se ~vlap) amendment!) and/or re vi :'iiuns: Land Development Regulatit)ns upda!es; draft ing or zoning ordinanel's and n.'sO ~L1t ions: sustainahility analysis; green master rlann ing; annexat ion stud ies: neigh bo rhood planning: and hous ing. nt't!ds as scssmo;:nts , RL'vin\ the Town 's L'x is ting cUlllpn::hertsivc plan reqLlirements and land devdopment ('odes (()f adequa te puhlic rllcdi(~es a nd se rY ice~ in conj unction with the recent kgiSlative changes u nder Chapter _ 63 .. 11 xCi F.S .. an d rCl'ommend atij us!l1lcnh or mo di fkatiol1s . In addition. the ,<;,pori \.v i ll anal y7t' tht: pote ntial costs and 'o r bcndi ts to the Town of adopting adjusted levC'b-of-scr\'Ql..:c slanda rds for tra nsportal ion. includi ng rv1 iami-Dade County pol kies that aft(:ct the To\vn's road ncmo rk , The analysis and recommendations shall consider the cost and administnu!v'(: impac ts of specij'jc cOllcurrency n.:quin::mCTlb cnurncratt:u under ChaptC'r 163.31 gO. Florida Statutc~. The repon will also recommend optilJns ['(:!r a Concurrency \1 an age I1ll..'nl S:;';icm. The Consulta nt w i ll dCYl.'lop thl' option selceted hy thl..' Towll ti;)r i Illl'iemen tati 011. :.. Land Use and Zoning Ana!vsis Prqnlt'l' ami/or l'l'\·i l..'w land lise and lun ing analysis to ensurc tltat the Tuwn 's Gruv.;th \.-1aJ1ageHlcnt Plan and Land De velo pment Rcgllialillll~ (LDRs) are kept CUITt:'n l with new gl"l..1 \;.:1.h and ti en:IOpl1len lS \\ il hin the Town. Rc view dc\clopmcnl rroposais 10 \.'L'rif~v l:u lllra ti bili ly wi 'h the TO \\'ll's COnrlllTt:nc y thre :;1ll1kl s and n:qu irelllents s('1 in thc G row ~h i\'1anagenlc nt Plan and lldopt~d LDRs , 4. T ra fi'i c and Trarl~portation S[lldi~:-, Field dala co llecti on an d a na ly;s is for the pr~paratioll ot' trafTic st udies including. but not li mi ted w : Intcrsl'l'rion and ro a dway capacity unaly~is: :;;igna l \""a natlt stu dies : signal tim ing analysis am! desi g n: trafflc circu lat ion studies; trank calming st lldic::.; trip g~n L'ralio[J : Corel'u:-;ti ng a nd as signment ; as we ll as pi.l\ernent mu rk ingi'i and signing. /\11 traffic sludie:,; p rcpar-L'd (lr rcviewe d loy thL' Sdce!<.'d "COl1suliunt(Q" must he signed and seakd by i.l PI'o te ssi ona l F.nginee r registe red in the S tate of Florida. 5. Environnwntal St udies (Brownfield Rcdc\'el0PI11Cllt) Pro\ ide plann ing SCl'vicl's that incorporates tlood protection. coastal and nm·jal pnll'es:-,cs. slructural a mI non -slr uct ural shoreline management practices, inC'lud ing green in frastruc ture and ell\'ironmcntal imract a na lysi". Field d£lla collection, site invcstigations. cn v ironmcntal assc!s sments and dcsi'gn as needed 10 prt~pare remedi atio n plans for underground sto rage' ta nk s. haz ardous Vi(lste materials, asbeslo' remova l. wetland mit igations , endangereo s pec ies L'\'a l uatioll:' and permit arplication s, Al l documents to be signed and s eakd by a Professional Engineer rl'g i:-.tereJ in the Slate uf Florida . RFQ Ii 17-06 "G enera! Planning Services" f/jlljf :d~r 21 22 .kk. Cutter &r 6. Plans and Permit Review (Including inspections Services) Review plans and permits for consistency with applicable building and zoning codes,fire codes and Americans with Disabilities Act requirements. Selected "Consultants)"personnel would work under the supervision of the Community Development Director and Building Official of the Town, 'fhe "Consultants)*1 will make recommendations)of approval to the Town Community Development Director and Building Official charged with issuing permits. 1 •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 appr-oaches applicable to the Town to preserve,conserve,rehabilitate or restore the area's cultural and natural resources. Development of a comprehensive plan and strategies torestore public recreational resources. 8.Water Resources Planning Preparation of studies and/or plans to address local land use policies,local land use priorities, and water supply and qualify priorities as it relates to water conservation.Evaluate the Town's adopted water conservation measures.Storm and tloodwater management studies to protect receiving waters and the environment. -1 •Public Outreach Sen-ices Prepare communication strategies and or protocols to engage Town residents and interested stakeholders in the planning process.Assist the "fown staff coordinate events,project meetings and formal presentations for specific project or community functions sponsored by the Town of Cutler Bay. 10.Landscape Plan Review Preparation and rev iew of landscape plans,including tree selection,tree identification, growth characteristics and requirements (water,soil,nutrition),installation and establishment,as well as pruning and maintenance.landscape,tree,and irrigation inspection for new development projects. 11'necessary,the Town reserves the right to expand the lis!of requested services in order to meet specific project requirements and or technical expertise. END OF SECTION RFQ ti [7-06 "General Planning Services" tef!&Pr21 23 38 (l. PI,lns and Permit R~vi~l,.v (Indl!.diIlSl lnspel:tions Scrvk~s) Revit'w pJ a n~ and penni [s It )r c()n~i'>kn(:y w it h applil:ahle ouilding and zoning codes. fir e codes and Americans w ith DisahiJities Act requirenll'nts . SL'kct.ed "Consullan t(s)" personnel would work llll d~r the supervis ion of the CO l1lllluni !}, Development Directo r and Building OfTicial of th e Town . Thl! "('onsul lant(Sr wil l make reco lllll1cndation(s) of approval lO the Town Commu ni ty Dc \c lopmcnt Di rect or and B uilding Officia l dlargl'd with issuing permit s. 7 ~~ltUt'a! and_~'Llltu!'\!LBe~9u rc\;'s ASSt'sslllents Natura l tn frastmctu r e is the interconnected nL'twork of na tu ra l and lmdev cl oped a rC<LS Ileeded 1U ma inta in and su p pOt1 1:;',:osyste l1ls . !delltitinIt,ion of damage to natund infrastrudun: (abo k nU\Vn as g n;:l;'tl or su~ta i nabk in fraSin !durd as a resul t of natll!'a l or man -maLie ~vents. Identification llf approadll's app li cable ill the Town tu prc:-:ervc, ~onserVL'. rehabilitaTe or ,cston.' [ill' an.:a· ~ l'ultural anc! na tma] n';SOlirc es. Di..'vdopment of a comprehic'nsiH: plan and strategies :0 restore puhlic recreational resources , S. \Va[C[' Restlurces Planning f'n:parat illil of studies and /of plans to a ddn:-ss Incai land llSC pohcies, local land use prio r ities. and wa ter s up p ly and qLlalit~ prioritiL',; as ~t relates to water conser\a~jon. Eval uate the T (l\\' n \, adopted \nller con:-.crvatiorl Illca~Llrcs, S torm a mi noud v,'akr Jtl~\[!agemellt studies ·u pmlt'cl recei\'ing \\'mer~ and thi..' environment. l ). Pubiil: Outreadl Servicl~s r'reran: c.()mm\ln i L~aaion strategics ,md,:or rrot()col~ It) engage Town n:sidents a nd ill H:rested stakdlOlckrs in thl:;' p tanlling process. A.ssist tbe TO\.\·n staff coordinate events. project mee ti ngs and formal presen la l ions j()I" speL:i tlL' project llr clll1llllunity f1.lnctions SPOllSl1!'cd by th e TO\,,,'n ()f ClIrkr Ba~. 10 , Landsc<!pc Plan Re \ iew Preparation and rC"i L'\\ of landscape-p lans. including tree sdcction, trce identificat ion . ~rn\vth characai.::i!'>til'~ and require!llL:nts (water. ~UI . nutrition), inslal!atiun and cstablis hrm:n!. u'> well a s pruning and mall1lenan c t', Landsc ape. tree, a nd lrnga.llH1 inspec tion for neW dcvdoplllt:nt proicc ~s , If Il('('('ssary. the Tm,'n i"L:serves the r ight to exrand tht' list or requested services in ord'.:?r h l meet s r ecillc projed rC<.j uin:mcn's and"or IL'chnica! e xpeltise . E~D OF SECTIO;\' RFQ # [7-06 "Gent.'ral Plann in g Services" ~9-'\Jf !49" r ~: 23 Cutler <8a 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 #17-06,GENERAL PLANNING SERVICES. The outside of the sealed envelope shall also show the name of the respondent. All responses must be received at the receptionist's desk in the Town Hal! ioeated at 10720 Caribbean Blvd., Suite 105, Culler Bay. FL 33189, by 2:00 P.M.. on 8/38/2017,at which time their receipt will be publicly documented by the Town Clerk or her designee(s). NOTE: A "Mandatory"Pre-RFQ Response Meeting will be held on 8/2/2017 at 10:00 AM. Location:Cutler Bay fown Center 10720 Caribbean Boulevard, Suite 105,Cutler Bay. Florida 33189. \ll 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 /(QUALIFICATION PACKAGE)PREPARATION Fach respondent shall submit one (1) original,five (5) bound copies, and one (1)CD of each response.Eachresponseshall be limited totwenty(20)pages (paper size 8.5'*X 1I."printed on only one side of the paper, single or the larger spacing, font size not less than 1II excluding the certificates, and Appendices A. Band C.The sections shall follow the order given on the next page, fhe twenty (2.0)page limit is for items 1through 9 below. No material other than that listed in this section shall be included in the response, 1.A one-page cover letter indicating the respondent's interest in providing the services to the "fown anda statement on why the respondent shouldbe 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 different from that of prime and sub-consultant.A representative whois authorized to contractually bind the respondent shall sign this letter. 2. A one-page table of contents identifyingthesections and pagenumbers. 3. Aonc-pagc proposed organization chart identifying key professionals,their area(s)of responsibility and extent of their availability, 4. A two-page history of key employees (Project Manager and Tasks Managers) who are with the firnn and participating in the project. 5. Co to four (4) one-page resumes of the persons,including the proposed project manager, which will be assigned to the consulting team. RFQ * I7-(lh "General Planning Services" SWrlfcp"1 24 39 SECTION #3 RESPONSE SLBMISSION REQtJIREIVIENTS AND EVAU.l A TI01\" S ix signed (one original and live bou nd copies) responses shall be suhmiued in Ont' sealed package, ckarl y marked on the (lu l"i de "RFQ 1f 17-0o , GENERA!. rLANNr~G SFRVlCFS . The outside of the se aled c nveiopt' s ha ll a lso show the na me of the re s pondent. All responses must be received at the receptioni!'.t's dt'sk in the T(]\vl1 Hall located a t 1072 0 Ca ribhe an Rlvd., Stlite 105, Cutler Ray, FI. 3:i 1~9 , by 2:00 P.M., lin 8/3012tH7, a t whi ch time tlwir n:~eip t w ill be publ iciy dOCll!ll l~llTt.'(l by the To\\'n Clerk o r he r de:;ignee(~). NOTE : A "l\·1u ndator y'· Pn:-R FQ Res ponse I'vkct ing will be held on 8/2/2017 at lO:fHl Ai\l. L\Jcation : Cutler Bay To wn Center 10720 Caribbean Boulevard, Su i te ! 05, Clltkr Bay. 1:lo rida 331 ~I.). Al l responses mllst be f'eceived by the Town Clerk by the due date and time. All Responses rt'ceiv€.'c\ after t he due datt' and time will not be considerl'd. 3.1 Rl:SPO~SI:.: /(QlIALIFIC ATI O N PACKAGE) PRU'ARATJOI\ Ea ~h rc ..;pnnclen l shall submit one ( I ) orif!.inal. five (5) bound copies . and U1\(; ( f) C D of each re spo nse. Each IT:--p Ollse sh a l! be iilnile d III twenry (20) pages (p a per s ize l:l.5"x 1 1 ,"pri n ted On on iy one side of the pap er, s ingle or th e la rger ~pacing, font sizc not les s than 11) l'xciuding ~he Ct~rti fi eat e~. and Append ices .,\, Ii an d C. The ~ection:; sh a il fo ll ow the order gin'!] on the neXl page. Tiw t\ .... ent:-i U.O.l pa g.e limi t is to r items I through t) bel ow. 'Jo materia l o ther than th at lis te d in thi~ ~ectiun shall be incl uded in the response. 1. '\ o ne-page COVe r lette r indicati.ng t he re spond en t's interest in prov iding t he s ervices to the Tcnvn a nd a statement o n why' the respondent shou ld be se ic-ctcd for the awa rd . Th(' ktkT sh all include t he name of the respondent and [huse uf the sub-c onsultants . exp lanat ion of thi:' type of con tra c tu a l u,h'Tt:emel1L between them. if" different [i·om that o f pri me and sub-'o !lsultan1. A rep l'cscntati \T who is (lu lhori7ed !O con t ractua!ly bind l ht: l·e s pondel1it shaH sign th is ktter. ') /\ (Hle~page [able uf contenl:o. itiLnrif):i nl? ih c se dion s ami pagL' flum ber:-.. 3 . A (Jm~-pa !!(;' r m po st~d organi7at iu!l ch a rt ident itYing key p rofessil.l n al~" th e ir area fs) of res po1 s ibdic)' and cx ten1 of i heir (l \.a il,abil.ity. 4 . A tWH-()age h is tory oj" ke y em plOyee::; (Pro j el:t f'v1anager a nd Task:--i\1anagers ) who ar c wi th the fiml an d part ic ip atin g i n tht' project. S. Up to four j4) one-page rc!'umc s of the persons, including t be p roposed proiect mana ger. \vh ich wi ll be ass ig.nc d (\ tb(~ cons ulti ng team. RFQ Ii l7-0/i "Ge[Jeral Plu [Jni ng Servil'es" ~1}'.?Q1149',r: . 24 iW.. Cutter Sa 6. Up to two (2)one-page,tables showing all current, and recently completed private and public (local municipal,county,regional and state) sector projects performed by the members of the team to be used on this project.The table shall include for each project:(a) the length of thecontract;(b) thescope of services provided:(c) the type of contract (pro bono, retainer, project based fee.other); id) specific accomplishments, if any; and (e) 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.Fhe respondent may select suitable projects, ifthe listexceeds 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 projects providing services similar to those identified in the scope of services over the last f}\c (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 begiven to the projects completed in Florida AND the projects of the persons identified in No.5 above. 30.Six (6)Pages completed Appendices A.B.and C (one in each submittal)and all proofs of authorization to transact business in the Slate from the Florida Secretary oi Stale, for the respondent as well as supporting firms. 3.2 RESPONSE EVALUATION CRITERIA The selection committee will evaluate the responses based on the cntcria and point value listed below. 1 Approachto 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 to.familiarity with local,state and federal regulatory agencies procedures and requirements.Quality of the projects and accomplishments of the respondenl(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) RFQ S 17-Ofi "General Planning Services" gm1^1"21 25 40 (I. li P to two (2) one-page. tabks shO\\"ing a II (UiTent and re~elltly ~ompleted pri\"at~ and public (local munkipal. cOlllHy, regiunal and sta te) sector proj,~t.:1S pe r formed by .. he members of the tl'am to be used on th is project. The table shall include fo r each projt.:c t : (a) the length of the contn.ll'!; (b) thl' sco pe of services provided: (l') tilt: type or cOf1tracf (pro bono, retainer, projeel based ("ct', m h e r ); (d) specilic accomplishmcnts, if any; and (c) a contact Ilamc, ph one numb er and ('-mai l addreSS for each proje(t. If the respondent team includes sub-consultants, the re mu st be at least Olle project listed for each sub-t.:ollsu ltant. The respondent may' select suitable Pl'lljel't:;, if tile list exccl'd~ two, page limit. 7, Cn 1(1 two (2) one-page . narrali ,'cs on ~recitic proj l'ct s completed on time and in budget \\'i -h i n the past fin' (5 ) years. ~. Up to four (4) one-page tie:"criptillTls of project::. pro\'idillg :-.en ·ices similar to thu"e identi i"ied in the scope o( services over lhe la~l Ii ve (5) yt'ar~, The t'J11flha~is shall ht: givcn to the projccts in FI(\rida AND the tasks perf 01111 cd hy the persons identified in above in No.5 . . l). l rp to three (3) one-page copi('~ of any press anicks. prol'iks. commendations, award:=; and honor)', TIll: emphasis shall he givC'n h'J the projeds cOrllpleted in Florida AND the projects (lfthc persons idcllliticd in 1\Jo, 5 abuvc . lO . Six (6) Pages compicted Appendices A, B. and C tone in each s ub mittal) and all proofs o t' autbori7.ation (0 tnH)"aL't business in the Stall-frum th e F lurida SCl'rc tary of Stale , I'or the res pondent as wd l as supporting limh. 3.2 RESPO~SE EVALUATION CRITERIA Tht' selection commlttt~(' will evaluat(' the rl'sp()ns(~s based un tht.' crjt{~ria and point ,'alllt' listed below. I . Approat:h to Han dling of F'oh:ntial Pro.it~cts & Timclim~ss [ndi c at~~ Firms understanding oi'lile Town's needs and projl:.';'; 5 proposed. (20I'oints) Qualification of Project Team Credentials and accomplishments oi' the propo:;cd leam ITH:.'mbers . l.Irhun Planning credentials and a ccompl ishments () r key lllembL'rs or the tl'am , (25 Points) 3. Previous Similar Pro.jerts & Refert'nct~s L,"'pl'riencc and backgruund in pro\'iding similar municipa l Sl'l'\· icc:' and past performa nce . inchlding but not limited 10 , t:lmi li a r ir.;.' with local. state and federal regu latory agt~ncies proceuLtres and reqlliremenls . QualilY l)f the projeC'ts and ai..'c(lmpli~,;j,mellls of tl'l l' rcspondcnl(s) in providing similar scrvicc~ to l'ntilies cO l1lparabk to the Town. Respondent's track record of on t im e and within budget p rojcl,,:t performancl.!. (25 Points) RFQ Ii 17-011 "Groent! Planning Sen icl's " ~f'arl4'g,r 2: 25 4.Qualifications of Firm To include years of municipal experience,ability,capacity and skill of firms(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 PRESENT VITONS AND FINAL SELECTION A selection committee will review all submittals and develop a short-list for oral presentations.Itis anticipated thatthetop three (5)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 (lO)-minute questions-and-answer session.The respondents arc encouraged to be represented only by the Project Manager and key staff identified in the response.Additional details on the oral presentations may be provided tothe Snort-listed respondents.The oral presentation wili be 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 lop three (3)respondents.After 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 fown may undertake negotiations with alternative respondents.Any award shall be subject to execution of an agreement in form and substance approved bylite Tow n Attorney. END OF SECTION RFQ#i7-(ift "General Planning Services" g&r1&>f2i 26 41 4. Qualifications of Firm To include years of municipal cxpcrierlct:' abililY. (UracitY" and skill or firms(s) anli pel':'-o nn e l to pe r i'o nn , in cl ud ing timel iness, stability aild availability and lic enses. (20 Points) 5. Submittal Package Compliance \·vilf t he response preparat io n and sub l1l js~ion reqtlirements. (10 Points) 3 ,3 SHORr-UST' FOI{ ORAL PRESENTATlO"lS AN[) fiNAl. SEI .. F.:CTlO!\ /\ sekction committee will n:~\'i('\\' all submittals and devdor a sbort-list fur oral pre sen tations. It is anticipated that the !flP [hrt't' (5) respondents wili be short-liskd . . ,\1 1 r c'spondel1h and their t<:ams -,;hall bl; present at the' ass igned time' for a 20-l1linliiC presenta ti l.1i l fo l k1\,ved by lip to a tt'tl (IO)-minlite questions-and-an swer session. The n'espondcnts are L'llcllllt'agl'd to be represented on ly by the Projeci \1anager and key' staff iJL'lltiflL'd if! tbl' r'l'spOrbi.:. Additional d('[ail~ on tlli.: ural pn::sl'ntatiuns ma.y bi;:~ pnJviJcd 10 thi.: :-;h~jrl-Estt'd :-c.'~r(H1de n h. The flfal prest'fl la !ion VI/ill he wurth l\\t'nly-iive pcrcelll (25';'(,) in !h e final scoriq; and tllL' reSpOllSL' w ill be worth (75%) . .1.4 PROCESS OF SELECT!ON AND NEGOTTA TlO:" The Town rC':'-c rvcs the ri gbt to make multiple awards pLifsuant to 'illi~ ~olieitati(ln. After s hort-listing of l'L'SpOndL:rl!S tkemc d qualified by t he selection committee, ora] pre sentations and re-ranking or the ljualilled respondt'nt:';. it is ilnticipakd the emmeil will authurize m:g(\tiatlol1s with the tor t.hree 0) respolldL'llh . /\fkr slIeL'L'SS fll l negotia!ion, lll.: pmposcd ag rt!emt.'nt(s) shall be pre~entt.'d to the Town (\lllllCi! \.vith a recomll1endation for award and C'iecu t i ol. I f contract negotiations fai I with any Proposer. the TCI\\:n may undl:.'rtake :lcgoti atiotls \vith al ternat ivc respondents. Any [lward shall be subj-ect to execution ut' an a!!n::cmefll in form arid suhstanc~ apPlOvcd hy the: Town /\(w mcy . E'JD Of SECTION RFQ Ii Ii-On "(;cncl'lii Planning Scr .... ices" ~2).\')f 14'9-' r 2 : 26 h % utter IBa SECTION #4 OTHER CONDITIONS 4.1 TERM OF ENGAGEMENT 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 providing cause. 4.2 PERMITS,TAXES,LICENSES The Consultant shall, at its own 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 LAWS,ORDINANCES The Consultant shall observe and comply with all Federal.State and local laws, ordinances, rales,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 authorized to do businessunder the Saws of the State of Florida.The certificates shall clearly indicatethat 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 the Town.Compliance will',these requirements will not relieve the Consultant of its liability and obligations under the agreement. The Consultant shall maintain during tile term of the agreement,standard Professional Liability insurance in the minimum amount of one-million-doilars ($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 (S 1,000,000) 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 damages which may arise from anv operations under the agreement,whether such operations be by the Consultant or by anyone directly employed byor contracting withthe Consultant. The Consultant shall maintain,during the life of the agreement,comprehensive automobile liability insurance in the minimum amount of five-hundred-thousand-dollars ($500,000) combined single limit for bodily injury and property damage liability to protect it from claims fur damages for bodily and personal injury,including death,as well as from claims for property damage,which may arise from the ownership,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 $17-06 "General Planning Services" l3W4Pf: 27 42 SECTION #4 OTHER CONDITIONS 4.1 l'ERi\'1 OF E'IGAGE~tE~T The tct'm~ of thi s agree ment wiU be for threc (.3) years, with the option for the Town to L'.\(cml the agrL"Clllcnl ttl)' an aJJi(iona l tilree (3) one -year ternl~, Tilt' Town may il:'rmiflall: !he agn.:el11ent wilh a th iny (.~O-days) notice withou[ rn)\ iding CliUSt', 4.2 PERMITS, TAXES , LICENSES T he Cuns.ulti.lJ1t shall .. at its ow n expense, o bta in all necess a ry perl11i lS . pay' aU licenses. fees ~lnd taxes t'L'quircd [(l comply with atl ~()cal O!'tiin an ccs . State a nd Fed eral la ws. rule s. rqwhttiullS ,,"d pr uks~Dorla l standard~ [h at app ly tu [ill' ag recment. 4.J LAWS, ORDlNA"ICES I'll<: (\)]l~lI ltant shall observe an d co mpl y wi th al! Federal. State and Illeal 1a,,\'S , ordinances , n il es., rt'gulali ons a nd p ro fessional swndards tha i ap p ly to the ag r t~eme n t. Prior to e xecution of an agreement wi Lh the To\\-11, lhi:' Consultani shall prll vide certificates L'\'id e ncing insurancc covcrage as required he r Cl.lll(kr from companies aulho ri 7L'd t (l do bll~i nL's~ under the law~ (If th(;' S tate of Florida, T he CCl1ificates shall c;k arly indicate that ihe (\msultant has obtai ned insurance of the ty'-pe, anlOllnt, a nd classdi cat io n as n:qllir~d alld that no matL'rial change 0[' canrd la tion of the insurance sha ll k effective \virh(lLl t th iny (3{)) days p rim wrilteH nutice tll the T own, Complianc e with these n~quil'C'm ('nb win flot re i ieve thc Cunsultant 0" its Ii abi I it;,-und ob I iga lio lls under the agn:'emt'nt. The Con~l l l[an ( "hall ma intain dllr int! the ter'lll of the agr';:l'nlL~nt. ~ran dard Pr()k~siorwJ Li ability insurann: in lhe minimum ar!'l()un t or o[]t'-m i ll io ll -d o!ia r s ($1,000,000) T1<.T ()CCUlTCtlCC , TIK: CUlls ultant shall mainta in during lh (' li f'c ol'tht' a~[,l'em eTlL l'ollltn-l'n.:ial gl'Tlcral li ab il ity. including clln \ral'luaJ liab ih ty insurance ill the amo un t or ()n l'-m i lli()n -d()lla r~ (S I,{)OO,OOO) per OCC Lill-c:nCl' to protect it and the Tmvll ti'ol1l claims for damages for hod ily and persona l injLDi'),', including \vrongfol dea th, as \vclt a s from claim !> llf p r ope;ty dalllagcs whidl may arise '-rum any o pt'rati o ns under til t' agn:enwn, wlleilwr such operations be by t he Cons uit ant 0r' by anyone Ji rl'ctly employcd by or contracting with the Con s lI ltant. The Consu lt am sha ll main tai n, during the liCe l1f th e ag r~~eme nt , comp reh ens ive (luto l11 lJb ik Iia bi liry insurance in the minimum amou nt o f tivc-Illlndn:d-thollsand-dollars (5500 ,0 00) l'Olllbin('d single limit fur bDdily injury and prupcrty damage li ahi li ty [0 rrot('C[ it hom claims ttl, damages tilr bodily <l nd pe rsona l inju ry , includin g dealh, as w ei l as ii'om cl a ims t(lr propl'l'ly damage, which l1l"y a ri,;c ,'j'olll th e l.l\'\llcrship, u s c, o r maint en ance of owned and nO ll-O\.Vlled auto llwbi les. illd uJ i ng: renled auto!11obi les \vher ller sl!('h operations be by'- l ile Consu lta nt o r by anyone directly o r indirectly emp l oy~d by' the Consu ltan t RrQ Ii [7-06 "(;en~r all'lallnillg S~n"t c e ~" ~3-'U1149-\r .c , 27 Cutler $}#- The Consultant shall maintain,during the life of the agreement.Worker's Compensation Insurance and Employer's Liability insurance as required by law and in at least such amounts forall of its employees as set out in FloridaStatute 440.02. The Cconsultant shall also maintain other required insurance coverage specific to the services to be provided as maybe required bythe Town. END OF SECTION RR>#17-Clft "General Planning Services"28 43 Tlh.: Cunsultam shaH maintain. during tht: litl: of th(" agrr;x:mt:nt, Workds Compensation [nsurClI1l:e ant! Empioyer's Liability insura nc e as requireJ by law and in at least such amounts Cor all of ih employees as set ou t in Florida Sta tu te 440.02. The' Consultan l shall also maiIHain \lther requi r ed insurance coverage speci lie tll the services 10 he provided as lllay be rcq u ired by the Town. E~D OF SECTlO1' RFQ Ii 17-00 "(;'l'nt'ral f'lanning Sen'icrs" ~~IJg,r2 ; 28 Cutler iBa APPENDIX A ACKNOWLEDGEMENT,WARRANTY AND ACCEPTANCE A. Consultant warrants that it is willing and able to comply with ail applicable State of Florida laws,rules and regulations. B.Consultant warrants that it has read,understands and is willing to comply with ail of the requirementsof the RFQand the addendum''addenda. C. Consultant warrants 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 providedby it inconnection with this submittal (response)is true and accurate. E.CONTINGENCY FFF AND CODE OF ETHICS WARRANTY: Respondent warrants that neither it.nor any principal,employee,agent,representative or familv member has promised to pay.attd respondent has not.and will not pay a fee,the amount of which is contingent upon "he Town of Cutler Bay awarding the contract, respondent warrants that neither it,nor any principal,employee,agent,representative has procured,or attempted to procure,the contract in violation of any of the provisions of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinances.Further. respondent acknowledges that a violation of this warranty will result in the termination of the contract and forfeiture of funds paid,or to be paid,to the respondent,ifthe respondent is chosen for performance of the contract. Si "nature of Official: Name (typed): Title: Consultant: Date: RFQ#17-06 "General Planning Son ices" i9&Sf'<fe,f21 29 44 APPENDIX A ACKNOWLEOCE\IENT, \VARRA'HY A1\"O ACCEPTA~CE A . Consuitant warrants that it i~ willing and able to comply \vith all applicahic Statl: of Florida laws. r llk~ and n:gu la t ions. 13 . Con<;uitulll warrants til at it has read, understands and is will ing to comply \vith aJl ortlle n:quin:Jllcm:-; ur th e RFQ and the addendumi addenda. c. C onsultan t warrants that it wi Il not de legal e or suhcon [raet its respol1si hi! i ti L'S under an agrf.Cmcflt \virhOllt the p rio r \.\Tittcn permission of the Council. D. Consultant \\·ar ra m;;; that al i information provided by i! in connc l'Ti on wit h i hi~ ~uhtnitwl (response) is tme and <lccurak'. E. CONTINGFI\CY FEF. AND COnE O F FTHICS \\'ARRANT\': I\CSpt.l ll d elll v.,arr ants lhat t either it. nor any principal. employee, agenL represctlt<:Hin: Llr family membe r ha:" prumised 10 pay, and responlictH has nOL and \vil ! not pay a fc l\ t he am ount o f whic h is co nringefl l upon alll: Tuwn of Cutkr Bay awarding the l·ontract. respondent warrant:" t har ncither iL nm an y principal. t.'mp luyee. agen t. rt:presemmivc ha~ procured. or artl'mptcd to procun:, the contract in violation of' any of Ihe prm'isi ons of the !\"liami-Dade County ('o ntli(~ of [ntere st and Code of Ethics Ordi na iKes . Further. resp~)Ildent 3cknowkdgt's that a v iol miun of this warratH}' \\'ill resul l in the l~rmit1ation lIf the contract and ttlrt('irurc o f funds palel. or tl' be paieL tll till' rcsponliCfH, i f thc respondent i~ dlll~,cn ~()r pcrtt',n nancc oj' the contract. Signa lllr<;' o f Ofti c ial : ______ _ ----------._--_.' ~,H llL' (lyrcJ}: ____________ _ Tilic : Ct nsu ltanl: Dalc: RFQ Ii 17-06 "(;('ncral Planning S('I'\ it'cs" ~5-~fl4g,r2: 29 ikL Cutler *&&' APPENDIX B NON-COLLUSIVE AFFIDAVIT Slate of County of being first duly sworn, deposes and says that: (I) I Icshe is the, (Owner,Partner.Officer.Representative or Agent)of: therespondent that has .submitted the attached proposal; {'!}Heshe is fully informed respecting the preparation,and contents of the attached rtfooo&al and jiT°n oertincnt circumstances resnectms such.DTODOsal' (3) Such proposal is genuineand is nota collusiveor a shamproposal; (4) Neither the said respondent nor any of its officers, partners, owners, agents, representatives,employees or parties 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 sham response in connection with the work tor 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 conferencewith any respondent or personto 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 person interested in the proposed work required. Signed, sealed and delivered In the presence of By: (Printed Name) (Title) Appendix-B Page I of2 RFQ U 17-06 "General Planning Services" 30 45 APPE1\OIX B Sta1\: () r ---- Ss: County or _____ . ______________ heing first tiuly S\\'OI11, deposes and says t ha t: ( i i I lc ::-.h~ j:-, t tlL'. (OWrlcr. Pa['ttl~r. Officer. Rq)["es~tltatiH: llr Agent) of: __ ._. ___ ._ .. ____ . _____________ Lhe ft's po nden t thaL has submitted the a Ltached pw pmal; (:2) H c' shc is (lilly in fo rm~d l't~Sr~c(lng lh~ pr~paranon and contents of th e atlad1ed p ropo~a l and of all pef£incnl l:ircun)~tanccs respc(:tjng sll~h proposaL (3 ,1 Such pro posal is !}:L'l1uine and is 110[:l co ll usive ur a sharn proposaL (.~} "icithcl' the said respondent nor ilny of i:; offict:rs. partners. owners. agenh . rcpn.:~cntati\,cs. el1lp i L)ye~s or ranks in i ntere:;!. includ i ng this affiant. have in any way colluded. consp ired, L'o nni\ cd or ag rccd, dinxtly ur j ndin.x:il y, v"ith any other respondctll or any p~r<;on to submit a coilusi ve or sham res po nse in COrH1Cdion v,:i th the work for whicb the aUa c hell jll'oposal has been sllhrni u ed. or to refrain li'om resjlunding in conmx:aiull wi Lh such work. or han: in any manner, directly or indin:c !ly . stJug ht by agrcc'ment Of c()"u$ion, CO!lllll lUicarion. or conference w ith all Y !'t'spondent or person to fix the proposal sublllittt'd 01' ((1 secure t hrough any colillsion. co nspiracy, connivance. or unlawful agreement. any ad \'antagc aga ins t the To\.\'n of Cuticr Bay, or any pcr~on interested in the prorosl'd wu r k requ ire d . Sigllc'd. sealc:d and dl'li v c:rl'd In tht: pre se nce of Bv: (Printed Name) {Title) APPClldix-B Pa~(' ! oj' 2 RFQ Ii 17-06 "G~neral Planning Sen ic~s" ~e..~'r14g)1 2 i 30 State of Florida County of On this _ undersigned day of ACKNOWLEDGMENT 2017,before me,the Notary Public of the Slateof Florida personally appeared and whose name(s)is are subscribed to the within instrument,and he'she they acknowledge that he she they executed it. WITNESS my hand and official seal NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC.STATE OF FLORIDA (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-13 Page 2 of 2 RFQ «17-06 "General Planning Services" &mW2i 31 46 Cutler Sr APPENDIX C SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a)FLORIDA STATUES,ON PUBLIC ENTITY CRIMES 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 Bv For Whose business address is: And (if applicable)iLs Federal Employer Identification Number (FEIN) is: Ifthe entity has no FEIN, include the Social Security Number of the individual signing this Sworn statement ••S.S.% lersLand thai a ""public entity crime" as defined In Paragraph 287.133{1)(g), Florida Statutes, means a violation of any slate 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 oi any other State or ol the united States,including,out not limited to. anv proposal or contract for goods or services to be provided to any public entity or an agency or any political subdivision of any other state or of the United Sates and involving antitrust fraud, theft,bribery,collusion,racketeering,conspiracy, or material misrepresentation 3. 1 understand "hat "convicted" or "conviction"" as defined in Paragraph 287.133(1)fb), 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 stale trial court of record relating to charges brought by indictment or information after July 1. 1989, as a result or a jury verdict,non-jury trial, or entry of a plea or guilty or nolo contendere. uru Appendix-C Page I of 3 RFQ H 17-06 "General Planning Son ices" Mr1*'1- 32 47 APPENDIXC S\VOR1' STATEi\IE~T PliRSL\NT TO S[CTIOJ\ 287.133 (3 )(a) FLORIDA STATUES, 01\ PLBLIC ENTITY CRI\'lES THIS FOR i\11\1UST B E SIGN ED A:-.JD S\\iORN TO IN THE PRESE NCE OF A NOTARY P[)BLl C OR OTHER O FF IC IA L AUTHOR IZE D T O /\D~lINISTER 0/\ THS. 1. Thi<; S\VOnl staTeme nt i:; submitted to tile T O \\'[\ or CUTLER BA Y. I"LORI DA Fh ----------------------------------------------------------------- ~ l)1" ._--_. __ . __ . __ . __ ._----------.. _-_._--_._-------. Whose buslIl css addres~ i~: Alld (if appli l'abkj jl~ fl:Jeral Employer luc'ntiJicati on NUl nbc'r (FE IN) i'i: ______ __ Tfthe entit}· has no FEIN . inc lude th e So ci al Secu ri ty Ntlmber of th e indiv idu a l !>ig:ning th is S\\orn statem C'nt .. S.S. t/ ::. I undnqan u th at a ""puh li(, e ntily crime" ~I:; de lined In Paragraph 2R7.133( I )(g), Flo ri da Slalull:s. nlL'imS a vip lation of any state or ft.'dcrallaw by a person with respeet to and dire<.:t ly n:la ted !O the t ransaction of bus iness v, .. it h an y public en li ty or wi t h any agenc y or politic a l subd iv is ion o f any lltl w r Sm c ,)F of (h~ l :nitcd Sta tes . induding. bllt not ~i mjted to. an:. proposa l Of c ontract fo r goods or s ervicl','; to be provided to any public l'llti!y or an agency Lll' an y political :-llhd i , isio n or any other ~aiHC M of 1he Unit ed Sate" and invo lving amitrust {"raud. theft br ib ery, collusion_ racketeering_ l·tmsp iracy_ or materia l misrepre:';enlation 3. I understand tha t "coll\'i cl~d" or "co nviction'''' as defined i 11 Paragrap b 2:-\ 7.1 ~~( I )( b). Florida Stat utes means a tinding or gtli lt o r a conviL:l ion of a p ubliC' ent i lY crime, w it h or \,:ith ou t an ad judication of guilt in any fe de ral or stale trial COLIrt of record relating to chargl's bl"l)'lI gh by indictme nt or information after .I lily L 1999 , as n re sult 0[' a jury verdict nO ll-jury trial. or entr y ora rlea Or g:uil y or no]n l'on le ndert:. Appendix -C Page I on RFQ Ii l7-(l6 "Ge nt'l'al Pl a nning St'n'ic('s" ~8--~r 14\J,r .2 : 32 Abs Cutter <Ba 4. 1 understand that an "affiliate" as defined in Paragraph 2H 7.133!'i Ha).Florida Statutes, means: A.A predecessor or successor ofa person convicted ofa public entity crime:of B.An entity under the control of any natural person who is active in the management of the entity and who has been convicted ofa public entity crime.1he term "affiliate"' includes those officers, directors,executives,partners, shareholders, employees,members,and agents who are active in the management of an affiliate. 'fhe 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 arm'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 convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5.1 understand that a "person"as defined in Paragraph 287.133(0(6),Florida Statutes. means anv natural person or entity organized under the laws or any state or ol the United States 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 services 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 active in management of any entity. Siiiited.sealed and delivered In the presence: (Printed Name) Titles Appendix-C Page 2 of 3 RFQ 0 17-06 'General Planning Sei-vices" Igsgf3&Pr2! 33 48 4. I understand that all "aftl !iate" as defined in Paragrap h 2X7.133( 11(3). Florida Sta tu tes . means: /\. A pr~dc(;cs!'oor o r successor of a person COl1yicted of a publil' entity.' crime: or B. An ("mily under the con trol uf any natural pt.:r:-,oIl who is a dive in the rnanagclTlem or the entilY and who ha:--been com·icled of a public entity crime . The term "anll iatc'" includes those 0 nieers, directors, c\ccliti vcs, partners . shareholders , employees , members. alld agents who are active ill the management of an affiliate. Th~ (,wne rsil i.p by one person of shar~s constituting a con trolling interest in another person. or pooling of ~qllipl1l~m or incoml' among pe rsons when not for fair market va lu e unJl'r an arm's length agrl'emcnt. :ihall be a prima facie case lhat onl' pl2rson l'lJl1lrols ano!he r person . A person \\ ho knov,.'i ngl y enters into a joinl \ enture with 11 pers(lrl who has been ClHl\'ictcd of a public ellti t y crime in Florida during the preceding j1, months shall he considered an affiliate. 5. I utH.:kr5tand [hat a "per::,un" a~ dl'nnl'd in Pamgraph 2~7 .1 D ( I He). Flor ida Sta t utes. ml'ans any natural re[':;'Oll or entity organized urHlcr thl2 la ws or any sta[(' or of thl' Unitl'd States w ith the Iegai power to enter int o a bi nding contrClC! and \vh ic h pr(>p ost's or arp j ie~ !O propose on contracts for th e prmisi o ll oj' goods or services let by a public entity. or which othi.'rwise mltlsa cl~ or applie;; to transact bu s iness w it h a public em ity-. The term "person" i ncl tides ttlllse om cers. d i rcdor-s. eXt~cllti "cs. p<I r!ners. s ha reilolders. em p loyces. ml'lll bl'I's . Cilld agl'nts \vhu are a;';ij\l~ in l1l a nagCt11l'nl of any l'm ill'. S igned . scaled and d l'liver~d [n ll'l l' presence: Ry: ( Pr i n ted N a 111(,) (Title ) Arrl2ndix-C Pag l' 201':3 RH) Ii (7-00 "(;,~ncrilJ ()Ja.nning S"'Tices" ~9-'trr~g,r :! 33 State of Florida County of On this day of Cutler S# ACKNOWLEDGMENT 2017. before me. the undersigned Notary Public Of the State of Florida personally appeared and whose rtame(s)isare subscribed to the within instrument, and he'she.they acknowledge that he she/they executed it. WITNESS my hand and official seal NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC.STATE OF FLORIDA (Name of Notary Public: Print,Stamp or Type as Commissioned.) o Personally known to me: or o Produced identification: (Type of Identification Produced) 0 Did lake an oath,or o Did not take an oath. Appendix-C Page 3 of 3 RFQ S 17-06 "General Planning Services* §B^f%»f21 34 49 ACK!\'OWLEDGMEl\T State 0 r Florida County of ___ _ On thi:-. day of . 20 I 7, bctclrc me. the undersigned Notary Public or the Slale oi" Florida personaH y appearcd _______ _ and Whl)~C name(s) is iare suhscribed i t) th e \vili1in instrumenL an d ht~:'she i they ackllowkdge !hat he/sheithev execllted it. \V ITi\i L SS my' hand and offi cna i sea! NOT ARY PU L~LlC SEAL OF OFFlC L: - - - NOTARY PUBLIC. STATE O F FLORIDA (Name of Nota!'.y Public: Prim, Stamp or Type as COlTlmissioned.) o Persona Ily known jo me: or o Produced idenr iticat"ion: (Type of [d ent iliGili on Prmllli.:ed) o Did lak l' an oath. or o Did not ta ke an oath. APPL~tldix-C Page' 3 o f 3 RFQ# 17-(10 "G enerlll Plallll ing St'ryil-~s" g/}"'l'l'r ~9" r ~ i 34 CONTRACT FOR GENERAL PLANNING SERVICES ATTACHEMENT B NON-EXCLUSIVE PROFESSIONAL SERVICES,TOWN OFCUTLER BAY AND CALVIN GIORDANO &ASSOCIATES,INC 35 31 of 49 50 CONTRACT FOR GENERAL PLANNING SERVICES ATTACHEMENT B NON-EXCLUSIVE PROFESSIONAL SERVICES. TOWN OF CUTLER BAY AND CALVIN GIORDANO" ASSOCIATES. INC 31 of 49 35 NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENT "GENERAL PLANNING SERVICES" CONTINUING PROFESSIONAL SERVICES THIS AGREEMENT,made and enteral into this _/S day of AC^ifm hesu2D\l between die Town of Cutler Bay.hereinafter referred to as "the'Town."and.Calvin,Giordano &Associates,Inc.. hereinafter referred to as Consultant; RECITALS: Whereas, this shall constitute a continuing contract pursuant to Section 287.055. F.S. Now therefore,in consideration of the promises and the mutual covenants hereincontained,the parties agree as follows: 1.Fhe .specific nature of the sen-ices so be provided by Consultant are outlined in Exhibit "A"attached hereto and incorporated herein,andare further outlined inthetext ofTown's RFQ ti H-06. 2.For services performed in accordance with the provisions of paragraph one above and Section II below,the Town shall pay Consultant in accordance with the terms and conditions more fully setout In Sections V and VI. SECTION I —TOWN OBLIGATIONS The Town agrees that the Town Manager or his authorized designee shall furnish to the Consultant any plans and other data readily available in the Town files pertaining to the work to be performed under this Agreement.Information shown on such plans or data shall be that which has been made available to the Town,and shall be provided to the Consultant.Such information is furnished by the Town without guarantee 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 work undertaken pursuarrt to this Agreement.The Consultant may be compensated for any necessary verification work requested by Town,subject to the express written authorization ofthe Town. fhe Town reserves the right to certify the accuracy of information provided by the Town to the Consultant.When such certification is provided in writing,the Consultant shall not be compensated for independent verification ofsaid information. SECTION II —PROFESSIONAL SERVICES (a)Consultant shall perform professional services for the benefit of the Town in connection with and as envisioned in the Town's RFQ #17-06 General Planning Services.The consultant shall be issued Purchase Orders by the fown as the need Ibr services arises,covering in detail the scope, time lor completion and compensation Ibr the work to be accomplished.In case of emergency, the Town reserves the right to issue oral authorization to the Consultant with the understanding that written confirmation shall follow-immediately thereafter. RFQ #17-06 "General Planning Services" Page I of i4 32 Of 49 36 51 NON-·EXCLusrVE PROFESSIONAL SERVICES AGREEMENT "GENERAL PLANNING SERVICES" CONTI!NUR!'4G PROFESSIONAL SERVICES T!!IS AGREEMENT. made and entered into this /..5 dav of A{,vt"m&"-"l...2D17 between the Town or Cutler Bay. hl~reinafteT referred 10 as "th~ 'lown." • and. Calvin, Giordanu & A.~snciates, Inc. . here~nancr referred to as ('onsultant: RECITALS: \\·hereas. this shall constitute-a cnntinuin!-t contract pursuant to Section 287.055. f.S. N(~\\ therefore. in c()nsidl~ralion of IIlL: promist~s ,md the mutual covenants hei'cin contained. the parl.ic~ u~n::c as f()llow~: I. The specific nalt!ft: of the ~t:rvices 10 b .... provided by Consulmnt are outlined in Exhihi! "A" altached hereto and incorporated herein. and al'c fUl'lhcr outlined in the lext of Town's RFQ Ii j"7 -U6. Fur ~t:nicl:s perfllrnled in accordance with the provisions or paragraph one above and Section I I bcitm. the Town ~hall pay Consultant in accordance with the terms and conditions more flllly set out in S~ctions V and VI. SIi:CTlOI'i I -TOWN OBU(.ATlONS The Town agrees that the Town \1anagcr or his authorized (k-signce ~h<lll furnish to Ihe Consultant any plans and other Jala readily available in I.hclown files pertaining to ihe work to be performed under this Agrct;!ment. Information shown on such plans or data shall be that which has been made available to the Town. and shall bl' provided to the Consultant. Such information is furnished by the T 0\\'11 wilhm.!l g.uarantee regarding its reliability and acclIl'acy. The Consultant shall be responsible for independemly verifying such information if it shall be llsed by the Consultant to accomplish the work undertaken pursuant to this Agreement. The Consultant may be compensated ti)!' any neccsSRI} verification worl requested by TO\\-,I1. subject to the express written authorization of the Town. The Town reserves thc right to cenit)' the accuracy or information provided by the Town to the Consultant. V\.'hen such certification is provided in writing. the Consultant shall not be compensated for independent verification of said intormation. SECTION 11-PROFESSIONAL SERVICES (a} Consultant shall perfoml professional services for the benetit of the Town in Cllllllt'Ction with and as envisioned in the Town's RFQ # 17-06 General Planninl!. Services. The consultant shaH be i.ssucd Purchase Orders by the Town as the need for services arises, covering in detai: the scope. time for completion and compensation rur the work to be llCeOOlplishetL 111 ell:,;e or cmergenc). the Town reserves the right to issue oral authorization to the COllsu!tant with the understanding that wriucli (;ontirmation shall follow immediately thcrcallcr. RFQ #l7-06 "'General Planning Services" Page I of i4 32 of 49 36 The Consultant shall submit a proposal upon the Project Manager's request prior tothe issuance of a Notice to Proceed.No payment shall be made for the Consultant's time or services in connection whh the preparation ofany such proposal.The Town shall confer with the Consultant before any Notice to Proceed is issued to discuss and agree upon tlie scope,time for completion, andfeefor services tobe rendered pursuant tothisAgreement (b)In connection with professional services to be rendered pursuant to this Agreement,the Consultant furtheragrees to: 1,Maintain an adequate staff of qualified personnel on the work at all times to ensure its completion within the term specified in the applicable Notice to Proceed, 2.Comply with any Federal,State and local government laws,ordinances,processes,standards, rules,orders,etc.applicable tothe work. J.Cooperate folly with the Town in the scheduling and coordination ofall tasks and phases ofthe work. 4;Prepare necessary documents,as required or requested,for all applicable agencies including regulatory requirements and permits. 5.Report the status ofthe work to the Town upon request and hold pertinent data,calculations,field notes,records,sketches,procedures,proposals,records,and other work products open to inspection oftheTown. 6 Submit for Town review computations,sketches,and other data representative of fhe work's progress at the percentage stages ofcompletion which may be stipulated in the applicable Notice to Proceed Submit for Town approval the final work products upon incorporation of any modifications requested by the Town during any previous review- 7.Be available at all reasoaable times for general consultation and advice through the effective tenn ofthis Agreement 8 Confer with the Town at any time during the further development and implementation of improvements for which the Consultant has provided professional services as to interpretation of plans and other documents,correction of eirors and omissions and preparation ofany necessaiy plan thereof-The Consultant shall not be compensated for the correction oferrors and omissions to the eadent that those mora and omissions are die responsibility ofthe Consultant 9*Perform all services ina competent and skit Jed manner. CTiTrfON lit -CTB1MJLE OPWORK AND TIME EOK COMPLBTIQS fa)The Town shall have the sole right to determine assignment of work and on which units or sections of the work the Consultant shall proceed and to what order.Wntten Purchase Orders issued by the Town shall cover in detail the scope,time for completion and intent ofrequested services and shall serve to authorize the assignment ofwork outlined in ffxhibit«A *or referenced in paragraph Iof the Recitals tothis Agreement RFQ#17-Qt "General Planning Services" Page 2of 14 37 33 of 49 52 The Consultant shall submit a proposal upon the Project Manager's request prior to the iBsuam:e of a Notice to Proceed. No payment shall be made for the Consu1tan!:'s time or services in connection with the preparation of 8D)' such proposal. The Town sbaJJ confer with the Consultant before any Notice to Proc:Ieed is issued to discuss and agee upon the seope, time ,. completion. and me for services to be rendered pursuant to this Agreement. (b) In connection with professional servii:leS to be rendered pursuant 10 this Agreement; the Consultant further agrees to: ,. Maintain an adequate staff of qualified personneJ on the work at all times to ensure its completion within the term specified in the applicable Notice to Proeecd.. 2. Comply with any FederaJ, StId.e and local government laws, ordimm<:es, processes~ standards t rules, orden. ele. appHc:able to the WUJk • . 3. Cooperate fUUy with the Town. in the soheduUng and coordination of all tasks and phasea of the work. 4. Prepare necessmy documents, as required or requested. for aU applicabJe agencies including regulatory requirements and permits. S. Report the status ofdle work to the Town upon request and hold pertinent data, ealculations. field DOtes, records, sketches. procedures. proposals, reeords, and other work products open to inspection of the Town. 6. Submit for Town review computations, skctohes, and other data representative of the work's progress at the perceatage stage& of completion which may be stipulated in the applicable Notice to Prooeed. Submit for Town approval the final work prodllClS upon incorporation of any moditiQ1tfons requested by the Town during 80)" previous review. ·7. Be availabJe at aU reasonable times far general consultation and advice through. the effeetiw term oftbis Agreement. . 8. Confer with the Town It any time during the further development IUId implementatiOD of bnprovemC1lts for wbicb the Consultant bas PRJvided professional services as to interpretation of plans and other dcc:uments,. cormotion of errors: and omissions and preparation of IPlf necessary plan thereof. The Consultant shall not be compensated for the <:orrection of errors and omissions to the extent that those erron; and omiS$ions are the respoll$i.bility of the Cousultant 9. Perfonn aU services in a c:ompetentand skilled manner. SECTION m -SCBEDULE 01' WORK AND TIME BOa COMPLETION (a) The Town sball have tho sole right to determine assignment of work and on which unit! or sectiOD$ of the work the Consulfant $ball pt'O(:eed and in wllat order. Written Purchase Orders h;sued by the Town sball cover in detail the scope. time for completion and intent of requested services and shall scrw to authorize the assignment of'work outlined in &Jlibit "N" or referenced in paragraph I of the Recitals to this AgMemenL RFQI17·06 "'GeDCral Plmmm,g Service5" Pap 2 of 14 33 of 49 37 (b)The services to be rendered by the Consultant for each section of the work or upon the assignment,shall commence upon receipt ofa written executed Purchase Order and/or a notice to proceed (the"NTP')from theTown subsequent tothe execution of the Agreement,and shall be completed withinthetime stated inthe Purchase Order ortheNTP. (c) A reasonable extension oftime shall be granted intheeventthere isa delay onthe part of the Town In fulfilling its part of the Agreement or should a Force Majeure,as defined in Section IV hereof,render performance ofthe Consultant's duties impossible.Such extension oftime shall not be cause for any claimbythe Consultant for extra compensation. SECTION IV-FORCE MAJEURE (a)Force Majeure shall mean an act of God,epidemic,lighting,earthquake,fire,explosion, hurricane,flood or similar occurrence!strike,an act of public enemy,or blockade,insurrection, riot general arrest or restraint of government and people,civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on therights and obligations under this Agreement,and which,by the exercise ofdue diligence,such parties shall not have been able to avoid.Such acts or events DO NOT INCLUDE inclement weather (except as noted above)or the acts or omissions of subconsdtartts/subcontrectors,third-party consultants/contractors,materialmen,suppliers,or their subcontractors,unless such ads or omissionsareotherwise encompassed bythe definition set forth above. (b)No party hereto shall be liable for its failure to cany out its obligations under the Agreement during a period when such party is rendered unabfe,in whole orin part,by Force Majeure to cany out such obligations,but the obligation of the party or parties relying on such Force Majeure shall be suspended only during fhe continuance of any inability so caused and for no longer period of said unexpected or uncontrollable event,and such cause shall,so far as possible, be remedied withall reasonable dispatch. (c) Itis further agreed and stipulated that the right of any party hereto to excuse its failure to perform by reason of Force Majeure shall be conditioned upon such party giving,to the other party or parties,written notice of its assertion that a Force Majeure delay has commenced within ten (10) working days after such commencement unless there exists good cause for failure to give such notice,in which event failure to give such notice shall not prejudice any party's right tojustify any nonperformance as caused by Force Majeure unless the failure to givetimely notice causes material prejudice tothe other party or parties. SECTION V—COMPENSATION (a) TheTown agrees to pay and the Consultant agrees to accept,for satisfactory performance,as determined soley bythe Town ofservices rendered pursuant tothis Agreement,including workas stipulated by Section II -Professional Services,and all preliminary andfor incidental work thereto,fees computed in accordance with Exhibit "B"the negotiated schedule ofrates,a copy of whichis attached hereto,orasotherwiseset forth inthe Purchase Orderforfhespecificwork. (b)Reimbursement for the reasonable andnecessary expenses of fhe Consultant for postage,copying, long distance telephone calls,document reproduction,and authorized travel may be provided in accordance with the Purchase Order. RFQ#17-06 "GeneralPlanning Services" Page 3ofM 35 34 of 49 53 (b) The services to be rendered by the Consultant tbr eac:h MctiOR of the work or upon the assignmenft shall COl'l'lIneDCe upon receipt ofa written executed Purchase Order and/or a nodce to proceed (the "NTP") fi'om the Town subsequent to the execution of the Agreement. and shall be eornpleted within the time stated in the Purchase Order or the NTP. (c) A reasonable extension of time shall be sramedin the event tbi:re is a delay OD the )JIIrt of the Town in ftIlfiJJing its part of the Agreemem or should a Fotce M~eme, as defined in Section N hereof; render performance of the Consultant'S duties impossible. Such. extension of time shall not be cause for any claim by the Consul'Wlt for extra compensation. SEmoN IV -fOBClMNJUU <a> Force MlQeure shall. ntem an act of Ood, epidemic, Ji,ghtin,g,. eanhq~ ~ explosion. hurricane, flood or similar occurrence, strike, an act ofpubJic enemy. or blockade, insnrtecti()n. riot, peraI arrest or restraint of government and peopJ~ civil disturbance or similar occurrence. which has bad or may reasonably be expected to have a material 8dveae effect on the rights WId obligations under this Agreement, and which, by the exercise of due diligence.· such parties shall not baYe·been abJe to avoid. Such acts or evems DQ NOT INCLUDE inclement weather (except as noted above) or lbe acts. or omisslo. of subconswtantslsubcoritractors. third-party cOO8ultantsicontractors. materialmen. suppliers. or their $ubconb"actorS, unless such acts or omissions are otherwise encompassed by the·definition set forth above. (b) N~ party hereto sbaU be liable fur its ftdrUle to c:any out its obHgations Uoder the Agreement during a period when such party is renden:d unable~ in whole or In part, by Poree Majeure to cany out such obligations, but the obligation of the party or parties relying on such Force Majeure shaU be suspended only during the continuance of any inability so caused and for no longer period of said unexpected or uncontrollable event, and such cause shall. so far as passible, be remedied with aU reasonable dispatch. (c) It is further asteed and stipulated that the right of' any party hereto to excuse its finlure to perform by reason of Ferce Majellte ahall be conditioned upon sudt party giving, to the other party or parties, written notice of its assertion that a Force M~ del~ bas commenGed within ten (10) working days after such CDIJIJDmCement, un1e.ss there exists good cause fix" fiill.ure m give such noUce, in which event t'ail~ to give such nolic:e sbaJJ not pi-qiudiee any Ilf1lVP$ right to justify any non-perf'onnance as CBUSed by Fon:e Migeure unless the i8ilure 10 give timely notice C8.U$e$ material pR'Judice to the other part;y or parties. ! SECTION V-COMPENSATION (a) The Town agrees to pay and tbe Consultant agrees to accept, for satisikctory performance, as determined soley by the Town of services rendered pursuant to this Agreement, lnc:luding work as stipulated by Section U -Professional Services, and all FeIimln8l)' and/or incidental work tbereto, fees c:omputed in aooordaru:e: with Exhibit '".. the negotiated sehedule of rates. a copy of which is attached hereto, or 8$ otherwile set forth in the Purehase Order for the spdfic work. (b) Reimbursement fur the reasonable and necessary expenses of the Consul1ant for pOs1age. copying. hmg distance telephone calls. docwnent reproduction, WId Budtorizcd traw1lllaY be provided in accordance with the Purchase Order. . RFQ#17-06 "Omeral p_tog Service ... ' Pllse 3 ofl41 340149 38 SECTION VI—PAYMENTS Unless negotiated andotherwise agreed to, theTown shallmakemonthly foepaymentstothe Consultant, computed in accordance with Section V, forallwork performed during fhe previous calendar month for work which has been assigned by Town to Consultant The Consultant shall submit duly certified monthly invoices to the Town in the amount due for services performed to date and including any previously authorized reimbursable expenses incurred during the month.Forlumpsum assignments, invoices shall be based upon the percentage of work completed at invoice date.Invoices shall be processed pursuant to Section 218.70,Florida Statutes, SECTION VU—SUBCONTRACTING The Consultant shallnot subcontract,assignor transferanywork underthis Agreementwithoutthe prior writtenconsent oftheTown. When applicable andupon receipt ofsuchconsentinwriting the Consultant shall causethe names of the firms responsible for the major portions of each separate specialty of die workto be inserted inthe pertinent documents or date.Any sub-consultant shallbe subjectto all terms and conditions of this Agreement All insurance certificates pertaining to such subconsultants shall be provided tothe Town upon issuance ofa Purchase Order orNTP. SECTION VIII—EXTRA WORK In the event extrawork and/or expenses are necessary due to changes requested after the applicable portion of the work is approved by the Town,such extra work shall bethe subject of an additional Purchase Orderoramodification ofthe original Purchase Order. SECTION K-APPROVAL The Town agrees,within thirty (30)days after delivery,to approve,reject,or return with indicated suggested revisions or recommendations,all schedules,submittals or other written communications submitted bythe Consultant tothe Town for approval.Such approval,revisions,or recommendations fay fhe Town shall not relievethe Consultant of responsibility for the completeness or correctness of the work. SFmONX-RICHT OF DECISIONS (a)All services shall be performed fay the Consultant to the satisfaction of the Town's Project Manager who shall decide all questions,difficulties,and disputes of whatever nature,which may arise under orby reason of this Agreement The monitoring of fhe prosecution and fulfillment by the Consultant ofthe services hereunder,andthe character,quality,amount andvaluethereof,are within the Project Manager's authority,fhe Project Manager's decision upon all claims, questions,and disputes shall be final,conclusive,and binding upon fhe parties hereto unless such determination is arbitrary or unreasonable* (b)Adjustments of compensation and time for completion of services hereunder because of any major changes in the work that might become necessary or be deemed desirable,as the work progresses shall be left to the absolute discretion of the Project Manager.In the event that the Consultant does not concur with the decisions of the Project Manager,fhe Consultant shall present any such objections in writing to the Town Manager.The Project Manager and the Consultant shall abide by the decisions of the Town Manager unless arbitrary or unreasonable. This paragraph does not constitute a waiver of either party's right to proceed in a court of competent jurisdiction,subject tothe standards set forth above. RFQ#17-06 "GeneralPlanningServices" Page 4of 14 39 35 of 49 54 SEenON VI-PAYMENTS Unless negotialed and otherwise asreed to, lite Town sbaIJ make monthly fee payments to the Consul_ computed in accordance with Section V. tor all work perfonned duriDg the previous calendar month for work which has been assigned by Town to ConsuitanL The ColI$ultant shall submit duly certified monthly invoices to the Town in the amount due for servIces perfonned to date and including any previously authorized teim~rsable expensas incurred during the JJlonth. For lump sum assignments, invoices shall be based upon the per<:~ of work completed at invoice date. Invoices· shall be processed pursuant to Section 218.70. Florida Statutes. SECTION yo -SUBCON'l'RACTING The ConsuHant shall not subcontract. assi,ln or transfer any work under this. Agteement without the prior written consent of the Town. When applicable and upon JUeipt of such cmJSEmt in writing, 1he ConsuJtant shall cause dte names of the firms responsible fur lite ma.jor porIiOIl$ of each sepIII'IIb: specialty of the work to be Inserted [0 the pertinent doeuments or daIa. Any sub-con.sultant sbaJJ be subject to aU tenas and conditions of this Agreement All insuJ'aIWII: certificates pertaining to suob $UbcoDSultants shall be provided tD the town upon issuance ofa PuJebase Order or NTP. SECTION vm -EXTRA WORK In the event extra work and/or expenses are necessaty due to changes req~ted after the applicable portion of the work is approved by the Town, sueb eldnl work shall be the subject of an additional Purchase Order or a modificadon oflhe original Purchase Order. SECTION IX-APPI!!VAL The Town al'"s, within thirty (30) days after delivery, to approve, reject. or return with indicated suggested revlsiOM or recommendations, an scbedules.. submittals or other written communications submitted by the Consullant to the Town for Ipproval Such approval, revisioJ1$, or recommendations by the Town shall not reUeve the Consultant of responsibili~ for the compfeteness or correctness of the work. gCDONX-BlGBTQII' DECISIONS (a) All services $ball be parfurmed by the Consultant to the satisfimtion of the Town's Project Manager who sball decide all questions. difficulties. and disputes ofwbatever nature, which may arise under or by reason of this Agreement. The monitoring of the prosecution and fulfillment by the Col.18Ultant oftbe services hereunder, and the cbaracter. quality. a,mount and value thereof. are witbin the Project Manager's authority. The Project Manager's decision upon all (Itaim&, questions, and disputes shall be final, cordusive~ and bindin& upon the parti .. hereto un)eA sueb determination is arbitral)' or UftNUOllabJe. . (b) Adjustments of compensation and time for completion of services hereunder because of any major changes in the work that might become neCessary or be deemed desirable, as the work prosre.ssa sbaH be Jeft to the absoJute disen1ltion of the Project Mmmger. In the event lhat the Consultant dolllS not concur with the decisions of the Project Manager, the Consultant shall present any such objections in writing to the Town Manager. The Project Manager and the Consultant ,bill abide by the decisions of the Town Manager unless arbfUary or unreasonable. This parappb does not coostiture a waiver of either patty~s right to proceed in a court of competent jurisdiction, subject to the sbmdards set forth above. RFQtl17-06 "General Planning Serri.' Page4of14 39 35 of 49 SECTION XI~OWNERfiHIPOFlMICIIMENTS All reports,tracings,plans,specifications,maps,contract documents,designs,andfor other data (the "Documents")developed by the Consultant pursuant to this Agreement shall become the property offoe Town without restrictions or limitations upon their use and shall be made available by the Consultant at any time upon request by theTown*Reuse ofsuch Documents by the Town for any purpose other than that for which prepared shall be at the Town's sole risk,When each individual section orassignment of work requested pursuant to this Agreement is complete,all of fhe above Documents shall be delivered to the Town.The level ofinfoiniation required to be provided atthe completion ofan assigned task shall be specified within the Purchase Order authorizing fhe work. SECTION XH—REUSE OF DOCUMENTS The Consultant may reuse date from other sections of die work included in this Agreement provided irrelevant material is deleted,The Town shall not accept any reused data containing an excess of irrelevant material which has no substantial connection with the applicable portion ofthe work. SECTION Xm—NOTICES Any notices,reports or other written communications from the Consultant to the Town shall be considered delivered when posted by certified mail ordelivered in person tofhe Project Manager.Any notices,reports or other communications from Ihe Town to fhe Consultant shall be considered delivered when posted try certified mail to foe Consultant atthe last address leftonfile with fhe Town or delivered in person tosaid Consultant or die Consultant's authorized representative. SECTION XIV —AUDIT RIGHTS.RETENTION OFRECORD? The Town,the Florida Department of Community Affairs,the U.S.Department of Housing and Urban Development,the Comptroller General of foe United States,and any of their duly authorized representatives reserves the right to audit the records of the Consultant related to this Agreement at any time during foe prosecution ofthe work included herein and for a period ofthree years after final payment is made*The Consultant agrees to provide copies of any records necessary to substantiate payment requeststofheTown. The Consultant shall retain all records relating to this Contract for four (4)years after fhe Town makes final payment andallotherpending matters are closed, SECTION XV-PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that no companies or persons,other than bona fide employees working solely for the Consultant have been retained or employed to solicit or secure this Agreement or have been paid or guaranteed payment of any fees,commissions,percentage fees,gifts or any other considerations contingent upon or resulting from the award or making of this Agreement The Consultant also warrants thatno Town personnel,whether full-time or part-time employees,or officers,hasorshallbe retained or employed in any capacity,bythe Consultant orthe Town authorized subconsultants,to accomplish the work contemplated under fhe terms ofthisAgreement Forbreach or violation of this warranty,the Town shall have therightto annul this Agreement without liability. RFQ#17-06 APlanning Se Pages of14 40 36 of 49 55 SICTIONII-OWNEIlSHJPOfDOQJMlNTS AU mporflI. ~ pians, S~ RI8p5, COJJtract documems. deai,gns, andIGr other data (the ·'DOOUIIWllf.JII) developed 'b1 the Consultant pursuant to this A~ shall become 1he p~ of the Town without res1r1ctions or limitations upon their use and sIteIJ be made allailable by the ConsuJIaot at allJ time upon AIql1e8t by the Town. Reuse of Sl1Cb Documencs by the Town fM any purpose other than that for which prepared shall be at tbe Townts sole risL When oaah fndividuaJ sccdoD or assipment of' work requeau,d put8U8Ilt to this Asreem-is complete, .n oftbe above DoeumeJds 8bal1 be deJlveNd to the Town. 'l1Ie Jew] ofintormation required to be pnwided at 1he camp'" ofan assianed task shan bet specified within the Parohaso Order authorizill8 tbe work. SICDON m -BIIlSI OF DOCUMENTS The CousultaDt may reuse data tom other secdons of the work included iu this .A@reement provided im:loWUlt material fa deleted. The Town 8baD not accept any reused data containing an excess of irre1mmt materia) wbich bas no substantial connection wjlb the applicabJe portion of the work. SECTION XDI-NOTlaI Any noti_ reports or other writ:bln oommunieations fi'om the Consultant to the Town shall be cmISidered deliVlm.'d whim posted by c:erd8ed .n or defi\'fRd In penon to the Project Manaaer. Any notices. RlpOl15 or other ~ ftum the Town to the ConnJtant shaD be considered clellynd when posted by critted mail to the Consu1tat at the Jest addras left on file with the Town or cleHwred in penon to said ConsuJ1aat or the Consultant's au.thodad reprell8ft1ative. SECTION XIV -'VDIT RJGHTS.llQ'IN1'ION Ol!!!':Olml The Town, the Florida Department of CommunitY Aft'aim. 1be U.s. ~ of Housing IJld Urban DeveJopmmt. the CampboJJcr Gemmd of tim United States, _ any of their duJ)' authorized repre&eilratives dSel'Ve8 the right to audit 1be mcorda or the Consu.hant relakd to 1hia Agreement at amy time duriDg the prvseeutlon of the work fnohJded hmBiD lUId fora period ofthMyears 6r1inal payment is made. The Consultant acrees to provide copies of any records nec:esI8I7 to 81Ibstantiate payment requosf8 to the Towu. The Consultant sbalJ main all NCOrcIs. relating to this Contract for four (4) ytanI after the TGWR makes finaJ payment and all other pencUng matIerI are closed. PenON XV -.PB.OIIIIUTION $\GAINS'l CONTINGENT DES The Consultant warrants that no companies OfpeJlODS. otherdlan bona fide empIoy_ working solely for the Ccmsubant have been retained Of employed to soUcit or secure this A,greernent or haVe been paid or guarameed payment of 111)' tees~ commissions. ~ fees. gifts or any other considerations continaent upon or cesulting &om the award or makiDg offhis Agreement. The Consultant allo warrants that no Town personnel. wl1ether fblJ..tRae or part-time employees, or oftlcers.. bill or shaJ) be retained or employed ia any capacity, by the 0msuItant or tile Town authorized subocmsul1mtB, to accompli1h the work comempIated unCIerthe terms ofdlia ~t. For breach or mlatiOD ortis wat'III1tJ. the Town sball have the _ to annul this Agreeme:ntwitbout UabiJit¥. RFQt17.(J6 "General PJIIIIIin8 Services" Pap 5 otl4 38 of 49 40 SECTIONXVI—TERMINATION OF T^SACRRRMENT (a)This Agreement may be terminated,in whole or in part,in writing,by either party in the event of substantial failure by the other party to fulfill its obligations tinder this Agreement through no fault of the terminating party,provided that no termination may be effected unless the other party is given:(1)not less than ten (10)calendar days written notice (delivered by certified mail,return receipt requested)of intent toterminate;and (2) an opportunity for consultation with the terminating party prior to termination,If termination for default of the Consultant is effected by foe Town pursuant to paragraph (a),Consultant shall be paid only for all work satisfactorily completed prior tothe notice of termination.Consultant shall remain liable for the damages,if any,caused by its default (b)This Agreement may be terminated,in whole orin part,in writing,bythe Town for its convenience,provided that the Consultant is afforded the same notice and consultation opportunity specified in paragraph (a)above.Only Town has the unilateral right to terminate for its convenience.Consultant recognizes that other covenants of the Agreement serveas consideration for andsupport this unilateral right ofTown. If termination for convenience is effected by the Town,an equitable adjustment in compensation payable to Consultant shall be made, which equitable adjustment shall include a reasonable profit for services or other work already properly performed prior to the notice of intentto terminate forwhich 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 fhe notice of intent to terminate,in addition to terminationsettlement costs directly and reasonably incurred by the Consultant relating to commitments (e.g., suppliers,subcontractors)whichhadbecome irrevocable prior to receipt of the notice of intent to terminate.Except as expressly stated abovein this paragraph (b), Town shall haveno farther liabilityto compensate orpay Consultant. (c)Upon receipt oftermination action under paragraphs (a)or(b)above,the Consultant shall (I)promptly discontinue all affected work (unless the notice directs otherwise)and (2) deliver or otherwise make available totheTownall data,drawings,reports specifications, summaries and other such information,asmay have been accumulated by the Consultant in performing this Agreement,whethercompletedorin process. (d)Prior to termination,theTownmaytakeoverthe work and may award another party an Agreementto completethework described inthisAgreement. RFQ#l7-06 "GeneralPlanningServices" Pa£e6oft4 41 37 of 49 56 SECTION XVI -UBMINATlONOF IUlSAQIElMEN1 (a) This Agreement may be terminated. in wbole or in part. in writing, bY either party in the event of substantial fililure by the other party 10 fidflU its obJigalions under this Agreement througb no fault of the terminating party, provided that no terminadon may be eRected unless the other party js given: (1) not less than ten (10) adendar days written notice (delivered by certified mail, retum receipt requested) of intent to terminate; and (2) an opportunity -fur consultation with the terminating party prior to termination. If te.rminadoa fur default of the Consultant is efl'ected by the Town pursuant to paragraph (a1 Consultant shan be paid only for all work satisfaetoriJy completed prior to the notice of termination. Consultant shan remain liable for the damages, if any, caused by its defilult. (b) This Acrecment may be tenninated, in whoJe or in part. in writing, by the Town for its cORvenience, provided that the Consultant is afforded the same notice and consultation opportunity specified in paragraph (a> above. Only Town has the unilateral right to terminate for its convenience. Consu1tant recognizes that other covenants of the Agreement serve 8$ consideration for and support this unilateral right of Town. If termination for convenience is effeeted by the Town. an equitable adjustment in compensation payable to Consultant shan be made t which equitable adjustment shall include a reasonable profit for services or other work a1ready properly performed prior to the notice of intatt to terminate for wliidJ pmfd has not been already included in an invoice. Por any sucb termination for o:.nveniCRCe, the equitable adjustment shall provide for payment to the Consultant for services rendered and expenses incurred prior to receipt oftbe notice or intent to terminate. in addition to termination settlement costs directJy and reasonably incurred by the Consultant relating to commitments (e.g., suppJiers, subcontractors) which had beoome irrevocable prior to receipt of the notice of intent to tetminate. Except as ex)M'eSSly stated above in this paragraph (b), Town shall have no fbrther JiabUity to compensate or pay Consultant. (c) Upon receipt of termination action under paragraphs <a) or(b} above, the Consultant shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the Town all data, drawings, reportS specifications, summaries and other such information, as may have been accumulated by the Consultant in performing this Agreement, wbetherc:omp]eted or in process. (d) Prior to termination. the Town may take over the work and may award another party an Agreement to complete the work described in this Agreement. RFQ1n7.06 "Ceneral PJanning Services.'· Page6ort4 370149 41 (e) If, after termination for failure ofthe Consultant to fulfill contractual obligations,under paragraph (a) above, it is determined that the Consultant had not failed to fulfill contractual obligations,the terminationshallbe deemed to have been for the convenience ofthe Town.Insuch event,adjustment ofthe contracted price shall be made as provided in paragraph (b) above. (f) The parties may also terminate this Agreement by mutual written agreement SECTION XVII—DURATION OF AGREEMENT This Agreementshallremainin full force andeffect fromexecutionasstatedin RFQ#17-06,Section4.1, and for an uncertain term thereafter asa continuing contract,subject to termination under Section XVI. SECTION XV1II-PDBLICRECORDSLAW a+Contractor agrees to keep and maintain public records in Contractor's possession or controlin connection with Contractors performance underthis Agreement Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes.Contractor shad ensure that public records that are exempt or confidential andexempt from public records disclosure requirements arenot disclosed, exceptas authorized bylaw,forthe duration ofthe Agreement,and following completion ofthe Agreement untilthe recordsaretransferredto the Town. b.Upon request from the Town's custodian of public records,Contractor shall providethe Town withacopy ofthe requested records orallowthe records to be inspected orcopied within a reasonable time ata costthatdoesnot exceedthe cost providedby Chapter119, Florida Statutes,oras otherwise provided by law. c. Unless otherwise provided by law,any and all records,including but not limited to reports,surveys,and other data and documents provided or created in connection with thisAgreementareand shall remain the property oftheTown. d+Upon completion of this Agreementor inthe event of termination by either party,any and all public records relating tothe Agreement inthe possession ofthe Contractor shall be delivered by the Contractor to the Town Manager,at no cost to the Town, within seven(7)days. All such records stored electronically by Contractor shallbe delivered to theTownina format thatis compatible withtheTown's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement,the Contractor shall destroy any and all duplicate public records that are exemptor confidential andexempt from public records disclosure requirements. e*Any compensation due to Contractor shall be withheld until all records are receivedas provided herein. f.Contractor's failure or refusal to comply withthe provisions of this section shall result in the immediatetermination ofthisAgreementby theTown. RFQ#17-0* "Genera!Planning Services" Page 7of14 42 38 of 49 57 (e) If, after terntinatio~ for fiPlure oftbe ConsuJtant to fulfill conlneluaJ obJigaticms. under panwapb (a> above, jt is detmnined that the Consultant had not taUed to fUlfill contraotuaI obligations, the termination shall be 4leemed to have been for the convenience ofth.e Town. ]n such event, adjustment of the eontnwted price shall be made as provided in paragraph (b) above. (f) The parties may also tenniDate this Apement by mutual written agn:emeot. PCl'ION XVII-DURATION or AGRgvptr This Agreemem shall remain in filll fiItce and eWact tram exeoution as 5bQd in RPQ #17-06, SKdon 4. J. and for an uncercain term tImreaf1mo as a contiuulng coutraet. subject to termination under Secd.on XVI. SECTION IYIII-PUBUCPCORDSLAW a. Contractor agrees. to keep and maintain pubUc records in Contractor's poa:nssion or c'*'O] in conneotion with Contract:ots performance under this AtJeement. COnlraC1Or addi1ionally agrees to ~ply specifically with the provisions of Scotion 119.070], Florida StatuteS.. Contrac:Ior shaD eallUJe tbat public record.stbat are exempt or confid.entlal and. exempt &om public reoords disolosme requirements are not disclosed, exoept as authorized by law, for the duration ofme Apementt and foDowing completion oftbe Agre&unent uotil the nwRis are transferred to the To'WIL b. Upon request 1tom tbe Town's custodian of pub1lc records, Contractor shaU provide tbe Town witb a copy of the requelted reGOL'ds or allow the records to be inspected or copied within a reasonable time at a cost ibat does not ex.eeI the WIt provided by Chapter 119. Florida Statutes, or as oth.envise provided by law. e. Unless otherwise provided by law, any and all records, including but not limited to roports. surveys, and other data and documents provided or created in c:onnection with this Agreement are and shaD lUI. lite property of tile Town. d. Upon completion of this Agmement or in the event of termination by eitber party. any and all public records relating to the Agreement in the possession of the CODtractot shall be dellvered by the Contractor to the Town Mmapr~ at no cost to the Town, within seven (1) cia". All such records stored electronically by Contrador shall be delivered to the Town in I rormat 1bat is compatible wi1h the Town"s InfOrmaIion tecbnology systems. Once the public reeords have been delivered upon oompletion or termination of this Agreement, the contractor shall destroy any and all dupJlcate pubJlc records that are ~empt or confidential and exempt &om public lCGords disclosure requirements. e. Atry compensation due to Contractor shall be withbekl until aU records 81\'1 ~ived as provlded herein. f. ContractOr's tBUure or retbsaI to comply with the provisions of this section shall result in the lmmediate termination oftbls Apeement by the Town. RFQ'17.06 "Gcacnd PfaMiug Servka" Pap7of14 380149 42 Section 119.0701(2)fat Florida Statutes 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. Custodian of Records:Debra E.Eastman,MMC Mailing nddress:10720 Caribbean Blvd.,Suite 105 Cutler Bay,Florida 33189 Telephone number:(305)234-4262 Email:dca>»tanaii:^.cot§erb:n-lljKn SECTION XIX —ENERGY POLICY AND CONSERVATION ACT The Consultant shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public I.aw 9-1-163 j. SECTION XX —TRUTH-IN-NEGOTIATION Consultant certifies that the wage rates and other factual unit costs,siipportirsg the compensation are accurate,complete and current at thetimeof contracting.The original contract price and any additions thereto shall he adjusted to exclude any significant sums by which the Town determines the contract price was increased due to inaccurate,incomplete,or non-current wage rates and other factual unit costs.All such contractadjustmentsshall be made wkhinoneyear followingthe end ofthe contract. SECTION XXI —»DRUG FREE WORK FLACK Hie Consultant shall comply with all mandatory standards and policies relating tothe Federal Drug-Free Workplace Act's Requirements. SECTION XXII —SPECIAL FROVISIONS (a) The Consultant agrees to complywith Title VIof the Civil Right Act of 1964, the Davis-Bacon Act. the Copeland Anti-Kickback Act. the Contract Work Hours Standard Act, the Wealth and Safety Standards Act,Section 109 of the Housing and Community Development Act of 1974. Section 3 compliance inthe Provision of Training,Employment and Business Opportunities,and the Consultant further agrees not to maintain or provide for its employees any facilities that are segregated on a basis of race,color,creed national origin,handicap,religion,ancestry,sex or age. (b)No officer ov employee oftheTownor its designees oragents,no member of the governing bod)-, andnoother public official of the Town who exercises any Junction or responsibility with respect to this contract,during his/hertenureor forone(1)year thereafter,shall haveany interest,direct or indirect, in any contract or subcontract, or the proceeds. Consultant shall cause lo be RFQ*17-06 "General Planning Services'* Page 8 of 14 43 39 of 49 58 Section 119.0701(2)(8), Florida Statutes IF THE CONTRACTOI~ HAS QUF.S'l'IONS RE(;ARDING THf; AI»PLlCATJON Of' CHAPTER 119. fLORIOA STATlJTJi:S. TO THE. (;ONTRACTOR'S OUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CllSTODIAN OF PlIliLIC RECORDS. Custodian of Records: Debra E. Eastman, MMe Mailing address: 10720 Caribbean Bh .. d .• Suite 105 Cutler Bay, Florida 33189 T~Jeph(me number: (305) 234-4262 Email: dCR.itm:.Hi:a.cutl~rb.!\-n:.ru.~. SECTION XIX -ENERGY POLICY AND CONSERV AnON ACT The Consultant shall compl)' with mandatory standards and policies relating to ener~' enicicncy which are contained in the state energy ctlnsc:ovation rlan jssu~d in compliance 'Nilh the Energy Policy and CO;1sc('vatit1 n Act I Public 1.8\\ 9,1-163 J. SE(:TION XX -TRUTH-iN-NEGOTIATION Consultant certifies thai the W~ll?C rates and other factual unit costs. supporting the compensation are accurate. complete and current at the time of contracting. The original contract price and an)· additions thereto shall be adjust~d to exclude any significant sums hy which {he Town determines the contract price \\US increased due !(J inaccurate. incomplete. or' non-current wage rate:; and other tactual unit costs. All ~uch wntract adjustment" shall be made within one yeaI' ti.lilmk ing [he end of the contract. SHTION XXI --DlU';(" FREE WORK PLACE Ihe Consultant shall (omply \\. ilh all mandato:) standard:\. and policies relating to the Fcdeml Drug-free Workplace :\ct"s RcquircrnclIls. SE(~TION XXII -SPECIAL PROVISIONS (a) The Consultant agrees to comply with Title VIol' the Civil Right ACI of 1964. the Davis-Bacon Act. the Copeland Anti-Kickbuck Act. the Contmct Work Hours Srandard Ac.1. the Health and Safety Standards Act. Section 109 of thc Housing and Cmnmunit)' Development Act or 1974. Section:; compliance in the Provision of Training. Employment and Business Opportunities. and Ihe Consultant further agrees not to maintain or provide for ilo; crnplo.yees any facilities that arc segregated on a basis of race. color. creed national origin. handicap. religion. ancestl'Y. sex or age. {bl No officer or emplClYcc of the Town or its designees or agents. no member orthe goveming bod)'. and no otl1cr public l)fficial of the Town who exercises any function or responsibility with respect to this contract. during his/her tenure or tor one ( ) ) year thereafter. shall have any interest. direct or indirect. in all) contract or subcontract. or the proceeds. Consuhanl shall <:ausc to he RrQ #17-06 "General Planning Scrvkc!t~ Page 8 of 14 39 of 49 43 incorporated inall subcontracts the language set forth inthis paragraph prohibiting conflicts of interest (c) The Consultant shall perform the work herein above setout as an independent contractor free fromdirect controlor supervisionby the Town asto the means and methods of performingthe work and all persons engaged in the performance of the work shall be solely the servants or tor its subcontractors,as the case i (d) The Consultant agreesto complywith ExecutiveOrder 11246,which prohibits discrimination in employment regarding race,color,creed,national origin,handicap,religion,ancestry,sex,or age. An excerpt of such Executive Order being attached hereto andmadea part hereto by reference. The Consultant further agrees to comply withthe filing of anyandall information and reports required by the Executive Order and by the rules,regulations,and orders of the Secretary of Labor. SECTION XXffl—INSURANCE AND INDEMNIFICATION (a) Consultant shall indemnify and hold harmless the Town, its officers and employees, from liabilities,damages,losses andcosts,including,butnot limitedto,reasonable attorneys'fees, to the extent caused by the negligence,recklessness or intentional wrongful conduct of the Consultant and persons employed or utilized by fhe Consultant in die performance of the Agreement, (b) The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained Consultant must have and provide to Town a Certificate of Insurance showingthe Town of CutlerBay as additional insured The Consultant shall maintain during theterm of this Agreement the following insurance coverage for services to beperformedforTown Departments: Workmen's Compensation Insurance—as required bylaw. Employer's LiabilityInsurance —$1,000,000. Professional LiabilityInsurance—$1,000,000. Comprehensive General Liability Insurance —This coverage must be written on die comprehensive form of policy The basic policy form is not acceptable.The policy must contain minimum limitsofliability as follows or $1,000,000 Single Limit Bodily Injury:$1,000,000; Property Damage:$1,000,000 eachoccurrence. Comprehensive Automobile Liability Insurance —This coverage must be written on the comprehensive form of policy.The basic form is not acceptable.The policy must contain minimumlimits ofliabilityas follows or $500,000 SingleLimit. $500,000 each person; $500,000eachoccurrencebodily injury; RFQ#17-06 General Planning Services" Pafi»»ofl4 44 40 of 49 59 incorporaMJ in all subc~ the language set forth in this parasrapb prohibiting conflicts of interest. (c) The Consultant sbaJl perfonn the work berda. above set out as an indepeadent contractor itee ftvm direct control or supervision by the Town. 10 tJte means and metbods of perCotming the work and all persons engaged in the performance of the work aha)) be solely the servants or employees ofth. Consultant Of its subcontractors, 88lbe case may be. (d) The Consultant agrees to comply with Executive Order t )~ which probibits diacrimination in employmmt reprding race. color. creed. naticmat origin. bmdioap, reJilioa.lIIlOe8II7. &eX, or .' An excerpt otsuch Exec:utiw Order bellll atfaohed hereto ad made a part hno by Nfenlnc:e. The Consultant fiD1her agrees to comply with the BUng of any and lilt information and reports required by the Exc:gutive Order and by the rules, reaulatlons, ami oRiers of the SecretaJy or Labor. SECDON XIOI-lNS1JBANCJj AND lNDIMNIFI.C'ATION (a) Consultant shaD indemnifY and bold harmless the Tovm, ita officers and employees, from liabilities, damages, lossea and costa. i1tcl1lding. but not limited 10. :rcasoaable a.tklrDeys fees, to the ~t C&ISId by the neg1ig~ reclde&sness or iDtcmtiomd wrongtbJ aoudud: of the Consultant aDd persons employed or utiJim;I by the Consultant in dIe pmformanae of the AgteI:meDt. (b) The Co_taut sball oot (lOJIlmence any work pursuant to 'this Ayeement adI an Insurance required under tids S_on bas been obtained. CGDBlIItant must have and pMYicie to Town a Certificate of IDsurance showing the Town of Cutler Bay IS additional insured. The Consultant shall maimain cIurina the term (Jf this Agreement the foJlowirlg insurance coverap for set\'ices to be performed for Town Deparlmen'lS: WorIan.'. CGmptDS81ion Insurance-as requited by law. Employer's Liahiti1;y lDaurance -11.000.000. Profanional Liability Iasuranca -$1.000;000. Comprebensive 0eMral UabiJit,y Jasunnce -This ooverage must be written on the cornprebeDshe form of polic,. The basic poU~ fonn is not acceptabJe. Tho poIiey must contain minimum limits of liability as follows or SI,OOOtOOO SinIle Limit. Bodll,lnj\U1: SIIIOO.OOO; Proper!)' Oama,p: SI.OOO,OOOeadt 0CGUmiIm:e. Com.p~ Automobile LiahUiI¥ [1ISU1'anCe -This ooverage must be written on the COTDpJeheDsive form of policy. The basic fonn is not accepcable. The policy must contain minimum limits ofliabiJily as fOllows or $500.000 Siogle Limit. ssoo,ooo each persoDt SSOo,OOO each occurrence bodily iqJury; RFQf17..06 ""OemIraI Pllmliq Services'" Pap'of14 40 of 49 44 $500,000each occurrence property damage; The policy must provide coverage forany automobiles. (c) All insurance policies must be issued by companies authorized to do business under the laws of fhe State of Florida.The companies mustbe rated no less than "B" asto management andnoless than "Class V" asto strength by fhe latest edition of Best's Insurance guide,published by A.M. Best Company,Olwick,New Jersey,or its equivalent,or,at Town's discretion,the companies mustholda valid Florida Certificate of Authority asshownin the latest "List of All Insurance Companies Authorized or Approved to do Business in Florida,"issued by die State of Florida Department of Insurance and are members ofthe Florida Guaranty Fund. (d)The Consultant shall furnish certificates of insurance to the Town Clerk's Office:10720 Caribbean Blvd.,Suite 105,CutlerBay,Florida 33189,prior tothe commencement ofoperations, which certificates shall clearly indicate thatthe Consultant has obtained insurance inthe type, amount,and classification as required for strict compliance withthis Section andthatno material change or cancellation of this insurance shall be effective without thirty (30)days prior written notice to the Town. (e)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 fhe Town shall have the right to inspect the original insurance policies in fhe event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. SECTION XIV—ENTIRETY OF ACREEMENTt VENUE:NO JURY-TRIAL (a)This writing embodies the entire agreement and understanding between the parties hereto,and there are no other agreements and understandings*oral or written with reference tothe subject matter hereof that are not merged herein and superseded hereby.No alteration,change or modification of fhe terms ofthis Agreement shall be valid unless made in writing,signed by both parties hereto,and approved by the Town.The Town Manager shall act for Town hereunder. (b)This Agreement regardless of where executed,shall be governed by and construed according to the laws of the State of Florida,and venue for any litigation hereunder shall be made in Miami- DadeCounty,Florida. (c)Each party hereby expressly waives any right to trial by jury in any litigation hereunder or which isin any way related to the conduct orcourse of dealing between the parties. rfq#17-« "General Planning Services" Page 1Q of 14 45 41 of 49 60 SSOO,OOO eacb o=mence property damage; The policy must provide c:overage for any automobiles. (c) All insurance policies must be issued by <:ompanies authorized 10 do business under the laws of the State of Florida. The companies must be rated no less than loB" as to management and no less than "Class V" as to stnmgth by the latest edition of Best's Insurance guide~ published by A.M. Best Company~ Olwick,. New Jersey, or its equival~ OT, at Townts discretion. the companies must hold a valid Florida Certificate of Authority lIS shown in the latest "List of All Insurance Companies Authorizd or Approved to do Business in Florida... issued by the State of Florida Department ofTnsurance and are members ofthe Florida Guaranty Fund. (d) The Consultant shall filmish cerdficates of in$UI'8IlCC!: to the Town Clerk's Offi(le: 10720 Caribbean Blvd., Suite )05. Cut1er Bay, Florida 33189, prior to the commeneement of operatio~ which oenificates shall clearly indicam thai the Consultant has obtained insurance in the ~~ amount, artd classification as :required for strict compliance with this Section and that no material change OT cancellation of this illSlD1lJlCe shall be effective without thirty (30) days prior wrinen notice to the Town. (e) Compliance with the foregoing requirements shall not relie\le 1he Consultant of lite liabilities and obUaations under this Seelion or under any other portion of this Agreement, BJJd the Town shall have 1he risht to inspect me original insurance policies in the event that sl1bmitted celItificates of insurance are inadequate to aseertain compliance with reql1ired co'lElrage. §ECTI.$!N XIV-e1IREIY gil' AGREplENT; VENUE; NO JVRY-TRIAL (4) This writing embodies the entire agreement and under$tBnding between the parties herelO~ and there are no other agreements and undmlandinp, ond or written with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration,. chanse or modification of the terms oftbis Agreement sh~1 be wlid unless made in writin& signed by bo1h parties hereto, and approved by the Town. The Town Manager shall act for Town hereunder. {b} This Agreement, regardless of where executed, shall be governed by and construed according co tbe laws oftlle State ofFloridat and venue for any Jitigation hereunder shall be made in Miami· Dade County. FlorIda. (c) Each party hereby expressly waives. any right to trial by jury in any litigation hereunder or which is in any way related to the conduct or course of dealing between the parties. RFQ#17-06 "GeDeJ8l Planning Se:vice$" Page lOof14 41 of 49 45 IN WITNESS WHF.RROF the parties hereto have executed these presents Ms//day of J&mumM** 2037. Calvin,Giordano &Associates,Inc. 1800 Eller Drive,Suite600 Fort Lauderdale,FL 33316 By:J^^CLU.xf ;";y (,.^ -'Signed ShcUev Eichner/Senior Vice President Name/Title Witnessed: B>:/•" Narhe.:Elizabeth Prat .._ By:;_ilV,X.^trfr" Name:Maritea Martinez Town of Cutler Bay 10720 Caribbean Blvd.,Suite 105 Cutler Bay,Florida 33189 Bv: Rafael G/Casals Town Manager 5ebra E.Eastman,MV1C Town Clerk Approved as to form and legal.sufficiency: /niSS-SEROTA HELFMAN COLE &BfERMAN.Pi.. Town Attorney Town Resolution No. ("\ — \c V /£> /O CORPORATED U\ 2005 I ^ORiOt^ RFQ #17-06 "General PlanningServices'' Page II or 14 42 of 49 46 61 IN WITNESS WH E R EOF the parties hereto hllve execuled these presents this LL day of $~L",­ .2017. Calvin, Giordano & Associates. Inc. 1800 Eller Drive, Suite 600 Fori Lauderdaic, FL 33316 nY:~~ff(~6~·-fl-..:..~~ <'/.4-:~._ Shelley Eichner/Senior Vice President .. _._J-.,~ NamelTitle Allest: .~. -----~-~-.... ~.~ ~' /<2. _ .. -.... ----.-..... ". or' Town of Cutler Bay 10720 Caribbean Blvd .• Suite 105 Cutler Bay. Florida 33 J 89 B)':~J~_~ ~as!lils Town Manager Attest: " /I) "fUrL ~...qok#c /~a E. Eastman. 1'vlV1(' Town Clerk Approved as to farm and lega1.sutlicicncy: Town Attorne)' Town Resolution No. \ -)-1 (.> \ RFQ 1117·06 "General Planning Services" Page II of 14 42 of 49 46 NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENT "GENERAL PLANNING SERVICES" CONTINUING PROFESSIONAL SERVICES EXHIBIT "A" SCOPE OF SERVICES The Consultants can expect to provide services encompassed by various disciplines,including,,but not limited to the tasks identified below; General Ptomaine Services Site Plan preparation or review;Growth Management Plan (Future Land Use Map)amendments and/or revisions;Land Development Regulations updates;drafting of zoning ordinances and resolutions;sustainabiiity analysis;green master planning;annexation studies;neighborhood planning;and housing needs assessments. Concurrency Review ReviewtheTown's existing comprehensive plan requirements and land development codes for adequate public facilities and services in conjunction with the recent legislative changes under Chapter 163.3180 F«S-,and recommend adjustments or modifications.In addition,the report will analyze the potential costs and/or benefits tothe 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 concurrency requirements enumerated under Chapter 163 J180,Florida Statutes,The report will also recommend options for a Concurrency Management System,The Consultant will develop the option selected bytheTown for implementation. Lattd Use qt*d Zaftig Analysis 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 current with new growth and developments within Ate Town.Review development proposals to verify compatibility with the Town's concurrency thresholds and requirements set in the Growth Management Plan and adoptedLDRs. Traffic and Ti^nspnrtation 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 and assignment;as well as pavement markings and signing.All traffic studies prepared or reviewed by the Selected "Consultant^)*must be signed and sealed by a Professional Engineer registered in the State of Florida. RFQ #17-06 "General Planning Services'* P*gal2of14 43 of 49 47 62 NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENT ~RAL PLANNING SERVICES" CONTINUING PROFESSIONAL SERVICES EXHIBIT "Au SCOPE OF SERVICES The ConsuItilDt5 eBB expect to pnwide s=rvices encompassed by "anous disciplines. including, but not limited to the: tasks identified below; General PI_uing Sen'. Site Plan preparation or review; Growth Management Plan (Future Land Use Map) amendments and/or ~ons; Land Development Regulations updates; drafting of zoning ordinances and resolutions; sustainability analysis; green master ptanning; anneution studies; neighborhood pJannmg; and housing necdslIS&essments. Coneur.reacy Review Review the Town's existing comprehensive plan requirements and land development codes for adequate pub1ic facilities and services in conjunction with the recent legisJative changes under Chapter J63.3180 F.S., and recommend adjustments or modifications. In addition, the report wiJl analyze the potential costs and/or benefits to the Town of adopting acijustcd levels-ot-service standards fot tranSpOrtation, including Miami-Dade County poJi~ies that affect the Town's road network. The analysis and recommendations shall consider the cost and administradve impacts of specifio eoncurrency requirements ernunerated under Chapter 163.3180. Florida Statutes. The report win also recornntend options for 8 COPcutTel'l:Cy Management Systetn. The Consultant will develop the option selected by the Town for implementation. Land U.I!d Zgning ADaIysis Prepare andlor review land Wle and zoning anal)'Sis to ensure that the Town'• Growth Management Plan and Land Development Regulations (LDRs) are kept current with Pew arowtb and developments within the Town. Review deve10pment proposals to verity c:ompatibillty with the Town's concurrency thresholds and requirements set in the Growth Management Plan and adopted LDRs. T .... me ad Tnmsgortatiion Studies Field data collection and analysis ror the preparatioD of traffic studies including. but not limited to: Intersection and roadway capacity analysis; signal warrant 5tI1dies; signal timing analysis and design; traffio eiNulation studies; traffic calming studies; trip generation; forecasting and assignment; as weD as pavement markings and signing. AlJ traffic stl!dies prepared or reviewed by the Selected "Consultant($)" must be signed and sealed by a Professional Engineer registered in tbe State of Florida. KF'Q#17-G6 "Clenefal P1l1D1Ling Services" Pap 120'14 430149 47 Environmental Studies {Brownfield Redevelopment) Provide planning services that incorporates flood protection,coastal and fluvial processes, structural and non-structural shoreline management practices,including green infrastructure and environmental impact analysts.Field data collection*site investigations,environmental assessments and design 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 to be signed and sealed by a Professional Engineerregisteredinthe State of Florida Plana and Permit Review (Including Inspections Services! Review plans and permits for consistency with applicable building andzoning codes,fire codes and Americans with Disabilities Act requirements.Selected "Consultants)"personnel would work under the supervision of the Community Development Director and Building Official of the Town*The "Consultant^)"will make recommendation^)of approval to the Town CommunityDevelopment Director and Building Official charged with issuing permits. Natural and Cultural Resources Assessments Natural infrastructureis the interconnectednetwork of naturaland undeveloped areasneeded to maintain and support ecosystems.Identification ofdamage to natural infrastructure (also known as green or sustainable infrastructure)asa result ofnatural 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 to restore public recreational resources. Water Resources Planning Preparation of studies and/or plans tt>address local land use policies,local land use priorities, and water supply and qualify priorities asit relates to water conservation.Evaluate the Town's adopted water conservation measures*Stoim and floodwater management studies to protect receivingwatersandthe environment. Public Outreach Services Prepare communication strategies and/or protocols to engage Town residents and interested stakeholders inthe planning process.Assist the Town staffcoordinate events,project meetings and formal presentations for specific project or community functions sponsored by the Town of Cutler Bay, Landscape Plan Review Preparation and review of landscape plans,including tree selection,tree identification,growth characteristics and requirements (water,soil,nutrition),installation and establishment,aswellas pruning and maintenance.Landscape,tree,and irrigation inspection for new development projects. Ifnecessary,the Town reserves the fateto expand the list ofrequested services in order to meet RFQ#]746 "Geaeial Planning Services* Page13 of 14 44 of 49 48 63 EaviroDIPegtal Studies <Brownfield RecleveI.opmentl Provide pJanning services that incorporales flood protection, coastal and fluvial processes, structural and non-struand shoreline management Jlractice~ including srecn inftastructure and environmental impact analysis. Fiefd data collection. site investigations, environmental assessments and design u needed to prepare remediation plans for undergrowtd storage tankst huardous waste materials, asbestos removal, wetland mitigations, endangered species evaluations and permit applications. AU documents to be signed and sealed by a Professional EDgineer registered in the State of Florida Pia. and Permit Review Qneluding bspestlopa Stryigrs) Review plans and penn.its for consistency with applicable building and zoning codest fire codes and Americans widt Disabilities Act tequirements. Se1ected "Consultant(s)" personnel would work under the supervision of the Community Development Director and Building Official of the Town. The "ConsuJtant(s)tt will make rec:onunendatlon(s)of approval to the Town Community Development Director and Building Official eharged with Issuing permits. Natural ad Cultural Resoulp5 A.uelismenu Natural in&astructure is the lnterconoeeted network of natural and undeveloped areas needed to mabttain and support ecosystems. Identification of damage to natural infi'astructure (also known as green or sustainable infrastructure) as a result of natural or num-made events. Identit1cation of approaches applicable to the Town to preserve, COJ1Serve, rehabilitate or teStOre the area's cultural and natural resources. Development of a ~om.prebensive plan and strategies to restore public reoreational resources. Water R.esou.rees Planmng Preparation of studies and/or pJans to adcbess local 18l1d use policies, local land use priorities,. and water suppJy and qualify priorities as it relates to water conservation. Evaluate the Town's adopted water conservation measures. StoIm and floodwater management studies to protect receiving waters and the environment. PpbUe Outreadi ~ryieea Prepare communication strategies and/or protocols to engage Town J'\'lsidents and interested stakeholders in the planning process. Assist the Town staff coordinate events, project meetings and formal presentatlons for specific project or community functions sponsored by the Town of Cutler Bay. Landllape Plan Review Preparation and review of laDClscape plans, including tree selection, tree identification, growth eharacteristics and requirements (water~ soil, nutrition). installation and eslablishmen1t as well as pruniJ1g and rnamtenance. LandscapeJ tree, and irrigation inspection for new development projects. 1fnecessqry. the Town Jj!!serwls Ihe right to BpM the lut o(regues,ed .se~ices in order 10 meet IJ1!cif1.c DrOject requirements andlor technical serti6e. RFQ #J7-06 "GeJteItIl P1aDnifIg Services" Pap130fJ4 44 of 49 48 NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENT "GENERAL PLANNING SERVICES" CONTINUING PROFESSIONAL SERVICES EXHIBIT "B" SCHEDULE OF RATES As set forth on pages I to attached hereto and incorporated herein, and Initialed by Town Manager. RFQ#17-06 "GeneralPlanningServices" Page 14 of14 ^q 45 of 49 64 NON-EXCLUSIVE PROFESSIONAL SERVICE.S AGREEMENT "GENERAL PLANNING SERVICES" CONTINUING PROnSSIONAL SERVICES EXHIBIT "B" SCHEDULE OF SATA As set forth on pages 1 to __ attached hereto and incorporated herein, and initialed by Town Manager. RFQ#17.~~ "General PlImnmg Sel'Yices" Pase 14ofl4 450149 49 Suilding Cod?Services Civil Engineering /Roadway &Highway Design Coastal Engineering Cods Enforcement Conduction Engineering.& Inspection (CEi) Cqnsfruc!l«i Services BataTechnoteQiesK- Development Electrical Engineering Environmental Services Facilities Management Geographic Information Systems (G!S) Governmental Services LandscapeArchitecture Planning Project Maflagerasnl Redevelopment &Urban Design Surveying8 Mapping Traffic Engineering Transportation Planning Water/Utilises Engineering WebsiteDevelopment 1800 Eller Drive Suite 600 Fort Lauderdale.FL 33316 954.921,7751 phons 954,921.8807 fax www.Ggasolutlans.com Calvin,Giordano §Associates,inc EXCEPTIONAL S 0 1 U T I 0 N 5" PROFESSIONAL FEE SCHEDULE Principal Contract Administrator Project Administrator Executive Assistant/Clerical ENGINEERING Associate,Engineering (VI) Director,Engineering^ Project Manager(IV) Project Engineer (III J Engineer (fl) Jr. Engineer (SJ Senior CADD Tech Manager CADDTechniciam PermitAdministrator DATA T£CH DEVELOPMENT Associate,Data Tech Dev. G1S Coordinator GISSpecialist Multi-Media3DDeveloper GISTechnldan Sr.Applications Developer ApplicationsDeveloper Network Administrator System Support Specialist IT Support Specialist GOVERNMENTALSSRVICES Associate,VP Director of Code Enforcement Director of BuildingCade Project Manager Grants Administrator Code Enforcement FieldSupervisor Code Enforcement FieldInspector BuildlngOfflclal BuildingPlans Reviewer Building Inspector Permit Processor SURVEYING Associate, Surveying Senior Registered Surveyor Survey Crew Registered Surveyor SurveyCoordinator CAODTechnician 3D Laser Scanner Hydrographlc Survey Crew G.P.S. Survey Crew Sub-meter G.P-S Soft Dig(per hole) UtilityLocates (per hour) 215.00 190.00 165.00 75.00 moo 175.00 150.00 130.00 110.00 100.00 115-00 95.00 90.00 165.00 145.00 125.00 115.00 100*0 165.00 135.0D 155.00 115,00 85,00 190.00 145,00 145.00 145.00 125.00 110.00 kloo 115.00 90.00 90.00 75.00 165.00 145.00 135.00 130.00 105.00 95,00 355.00 330,00 155,00 75.00 430.00 205.00 LANDSCAPE ARCHITECT Associate,Landscape Architect Senlor Landscape Architect Environmental Administrator LandscapeArchitect EnvironmentalSpecialist Landscape CADD Technician Environmental Assistant Landscape tnspector/Arborlst Landscape Designer LandscapeSite PlanReviewer INDOOR AtR ayAUTYSERVICES Sr.Environmental Scientist EnvironmentaiSdientist CONSTRUCTION Associate,Construction Construction Management Director ConstructionManager Senior Inspector Inspector Construction Coordinator IMEaGSNCV MANAGEMENT Director Planner Assistant Planner PLANNING Associate,Planning Director of Planning PtanningAdministrater PlanningManager Senior Planner Assistant Planner EXPiftT WITNESS Principal/Associate RegisteredEngineer/Surveyor Project Engineer In addition to the hourly rates fisted above,charges will include direct out-of-pocket expenses such as reproduction,overnightmall, and otherreimbursables billed at a multiplieroflJtS. 165.00 135.00 125.00 120,00 105,00 95.00 90.00 105.00 120.00 135,00 125,00 100.00 165-00 135.00 125.00 100.00 90.00 90.00 145.00 IOS.00 90.00 175,00 150.0D 150,00 14S.O0 125,00 90.00 33O.0O 280.00 230.00 Effective October 1,2014 46 Of 49 FOflTLflUDEROALE MIAMI-DABE WESTPALM!BEACH QjEARWATER/TAMPA ESTER0 PORTST. LUCIE 50 65 Building Co de' Ser~jc e $ C'M1 Engi neerilg I Rorulwav & Hig hway Design Coastal Engi~OO!ing Code Enf orcement Cr;JIlijiruclion Eng ln emng & fnsp ectlon (C EI) CO lililrucl loo Servltes I}ata Technologies & Deve lopment E1eatrical fligiFl6eiing E.~lneerin.a Ell\lifoilnm ental Services Facililies M<l'fliI9l'menl Ge ogra phic I~form atio n SyS~ems (GIS) Gova-nmerlta l Services Landscape Arl:hitectt:lfe pr(ll!nlng Pmjec! Managemenl Redevelopment & Urba n Design Sur~g & Mapping Traffic Engineering Tr.tIlsportatlon Plannltlg Wa.ter t Uli ll ties Engl neerlng Website [Jewlopml?Jlt 1800 Elle l' Orive Suite 500 F[)rt Liluderdale. FL 33316 954.921.7761 phOrl1l 954.921.B807 tax www.c~as(JluUIiflS .com Calvin, Giordano g Associates~ Inc. £)(CEPTIONAL sotUTIONSW P'ROFESSIONAL F~2. SCHEDULE Prlnclp<l ! Contract Administrator ProJett Admln·fstrator Ex&utlve Assistant /Clerica! ENGINEERING AssOCiate, Engineering (Vi) Director, Englneering(V) ProJect Ma nager {IV) Project Engineer (III ) Englneer (n} Jr. Engineer (i) Senior CADD Tech Manager CADOTec:hnici'.m Peifmit Admlnistrato r nATA TEm DEVELOPMENT Assoclate, Data Tech De It. GIS Coordfnator GISSpedaHst Mu ltl-Medla 3D Developer GIS Techn lcia n Sr. ApplicatIOns Deve,loper App ll C<ltlons Develope. Network Admlnistrator System Support SpeCialist IT SupportSp,ecialist GOVERNMENTAUERVICES Assocrate, VP Director of Code Enforcement Dir,ector of Buildir;1& Cede Project MOinager Grants Admin Isl1rator Code Enforcement fiefd5upervisor Cede Enforcement Fletd IflSpe<:tor BuildiogOfflclal Building plans Reviewer BuHding Inspector Pefmlt Proces sor SUR'VEV:lNG Amclat.e, Survevlng Senior Reglsterecf Surveyor Su rIi'ey Crew Regi sterer;lSlIrveyor Su rv~y Coordinator (AOD'Technlc lan 3D tase r Scanner Hydrographlc Survey Crew G.P.S. Survey Crew Sub-meIer G.P.S Soft Dig (per hole) Utility Locates (per hour) :2;15.00 190.00 165.00 75.00 190.00 175.00 150,00 130.00 110.00 100.00 115.00 9'5.00 90.00 165.00 145.00 125.00 115.00 100.00 165.00 135.00 155.00 115,.00 85.00 190.00 i45.00 145.00 .145.00 125.00 1:1.0.00 9<0.00 115.00 90.00 90 iOe) 75.00 165.00 145.00 135.00 130.00' 10<5.00' 95.00' 355.00 330.00 155.00 75.00 480.00 205.00 LANDSCAPE P,RCHITECT Associillte, landsca pe Architect Sen lor 1.<1 ndscape Architect Envlronmentaf Administrator landscape Architect ,Environmental Specialist landsca pe CADD Technician Environmentl;ll A:ss ist!lllt l"nds(,'.a pe Il1I$pectof I Arborlst landscape Designer landSQlpe Site Plim !1Jevlewer INOOOR A'R Q.UAUlYS'ERVlCES Sr. EnvironmentalSdentist Environmental SClientlst CONS'mUcrtON Associate, Constructio,n Co!1struc~r.ol'l Management Direct o r Construct ion Mani'lger Senior Inspector Inspector Construc:tiOl'l Coo.rdinator ~ME«G£NCY MANAGEMeNT Director Planner Assista>nt Pf<l nner PLANNING ~sociate, PI;;lnning Director of planning P'lanning Adminislrato r Planning Man~g~r Senior Planner .Assista nt Planner E)(PUT WITNESS Prlncipall AMioel~te Registered Engi neer/S.urveyor Project Engineer In addition fa the h~urly r:ates fisted (lb01le~ charges wHllnr.//.ide direct olJt~oJ-pocket eNpenses sueh as reproduction, cwernight mol& Qnd other reimbursables billed at a multiplier of 1..25. 165.00 135.00 125.{)O 120.00 105.0 0 95.00 90.00 105.00 120.00 135 ,00 125.00 100.00 165.00 135.00 125.00 100.00 90.00 90;00 145.00 10S.00 90.00 175.00 150.00 150,00 145.00 125.00 90.00 330.00 ::/80.00 230.00 EffooiV/l Oct ob .. r 1, 2D14 46 of 49, FtmlLAUOa1DALE WESiPALMiil:ACH ll.EARWATEnITAMPA PORTSUU CIE 50 RESOLUTION NO.17-101 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF TEE TOWN OF CUTLER BAY,FLORIDA,APPROVING THE QUALIFICATIONS OF THE FIRMS TO PROVIDE GENERAL PLANNING AND DEVELOPMENT REVIEW SERVICES TO THE TOWN;AUTHORIZING THE TOWN MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SUCH QUALIFYING FORMS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,fhe Town ofCutler Bay.(me"Town")Community Development Departaent("Depaitiiisj^ Growth Mnnn8flifflftiirf p1ftn AnA ljmA Development Regulations!to ensure the orderly development of fhe Town;and whrhtkAS,fee Department desires to contract with the most qualified consultants to provide general planning and development review services f^Services");and WHEREAS,a Reqjiesi For Qualifications No.17-06 CKPQ")was prepared to identify thebest available consultants to provide the Services,-and WHEREAS,the Town Council adopted Resolution No.17-38 authorizing the issuance ofthe RFQ;aad WHEREAS,on July 12,2017,it was advertised intheDairy Business Review;end WHEREAS,<m August 2,2017,the Town held &mandatory pre-bid meeting that six (6) WHEREAS,on August 30,2017,the Town received &ur (4)sealed proposals from interested Didders;and WHEREAS,the Town's selection committee ("Committee")was formed to evaluate each ofthe proposals based on the scoria criteria identified inthe RFQ;and WHEREAS,the Committee has lecommended selecting Keith and Scbuais,P.A,The Corredino Group,Ina,and Calvin Giordano and Associates,me,("CtonffluuHrts'')fir the Services;and WHEREAS,the Town Council finds that this Resolution is in the best interest and weJfke oftheresidents ofthe Town. NOW,THEREFORE,BE FT RESOLVED BY THE MAYOR AND TOWN COUNCIL OFTHETOWNOFCUTLERBAY,FLORIDA,THAT: 47 of 49 51 66 RBSOLUTION NO. 17·101 A RESOLUTION 01' THE MAYOR AND TOWN COllNCIL OJ THE TOWN OF' CUTLER BAY. FLORIDA, APPROVING THE QVALmCATlONS OF TIlE FIRMS TO PROVIDE GENERAL PLANNING AND DEVELOPMENT REVIEW SERViCRS TO THE TOWN; AUTBOlUZlNG THE TOWN MANAGER TO ENTER. 00'0 A PllOFUSIONAL SDVICD AGREEMENT WITH SUeB QUALIFYING FIRMS. AND PROVIDING FORAN EFJECTIVIt DATE. WBEllEAS. the TOWJl ofCot1er Bay. (the Wfown, C.omtm. Dewlopnent Departm.ent C'J)qlartment") is Ielpons:ib18 for tb8 implementation ofplamJing studies such u the Gtowth MIaapm.eDt Plan and Land Development R.egu1aIions to eDSI.1f8 the oIderly &velopment of the Town; and WBEBEAS. the Departm.e:at desires to contract with the most qualified ~taDts to provide geneml planning and development review semces ("Services',; and WBEREAS~ a Request For Qualifications No. 11-06 ("R.FQ") was pre,pared to idemlfy the 'best available coDSUltants to provide the Services; and WBEUAS, the Town Counoll adopted Resolution No. 17-38 authorizing the issuance oftheRPQ; and WBBUAS, on July 14 2017 a it was advertised in 1hc Daily Business Review; and WHEREAS, on AUSU$t ~ 20t 1, the Town held a mandatory pre-bid meeting that six (6) potential bicldaa attcuded; and WBEREAS, on AUFat 30, 2017. the Town received mut (4) sealed proposals ftum. interested bidders; and WBER.EAS, the Town·. selection COQDDittec (WCommiuee'? was :tbrmed to eval\llte each of tho propoaals based on the scoring criteria identified in the RPQ; aud ~ WBER.EAS. the Co:mmitCee hJs:recommended selecting Keith ml Sdman. P.A., The Comtd:ino Group. mOot md Calm Oiordano aad Assodates. Inc. ("CouuJtauts") :fbr the Service&; tad WHEREAS, the TOWD Council BDds tbat this Resolution is in tIw bl8l inttnst and welf8reoftbe:re&iclents oftbeTown. NOW. 'l"JIEREFORE, BE rr RESOLVED BY THE MAYOR AND TOWN COVNelL OFTBB TOWN Or CUTLER BAY. ft.ORlDA, THAT: 470149 51 Section 1.Recitals.The aboverecitalsaretrue andcorrectandareincorporatedherein by this refecrence. Section2. Approval, The Town Council hereby approves fee Consultants for the Services. Section 3-Authorization,The Town Manager is hereby authorized,on behalf ofthe Town, to negotiate a Professional Service Agreement (PSA) with fhe Consultants,in substantiallythe same form as attachedin Exhibit "A,"subject to the Town Attorney's approval asto form, content, and legal sufficiency. Section4, Effective Pate. This Resolution shall take effect immediately upon enactment PASSED AND ADOPTED this 15th day of November,2017. Attest: JidUaL**(r&&JfR**&+r*r* DEBRA E EASTMAN,MMC Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE SOLE USE OF THE TOWN OF CUTLER BAY: WEISS SEROTA HBLFMAN COLE&BIERMAN,P.L Town Attorney 48 of 49 PEGG^IMfELL Mayor •r -.»-,•+> i<JH\XS>' 52 67 SeWQn 1. by this reference. Recitals. The above recitals are true and correct and are incoIpOrated herein Seetion 2. Approval The Town Council hereby approves the Consultants for the Services. Section 3. AutborizatioD. 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 fom as attached in Exhibit "A," subject to the Town Attorney's a.pproval as to fonn, content, and legal sufficiency. Section 4. enactment Effective Date. 111is Resolution shall take effect immediately upon PASSED AND ADOPTED this 15th da.y of November. 2017. Attest: ~t r.:ut~. DEBRA E. EASTMAN, MMC Town Clerk APPROVED AS TO FORM AND LEGALSL~CmNCYFORTHE SOLE USE OF THE TOWN OF CUTLER BAY: A'/.? f:? . -.~~.~::::;;.....=;;...--'------ WEISS SEROTA HELFMAN COLE & BIERMAN, P.L Town Attorney 49 of 49 H~_ /R ~'+--:t _ p~t4 Mayor , < , ,.r .... " , > ~Jt'.·~ . t.l" '},~ .' It 52 MovedBy:CoundlM^nberCoriat Seconded By: Vice MayorLoyzelle FINAL VOTE AT ADOPTION: Mayor PeggyR. Bell YES Vice Mayor Sue Ellen Loyzelle YES Council MemberMary Ami Muton YES Council Member Michael P. Callahan YES Coundl MemberRoger Coriat YES 53 49 of 49 68 Moved. By: Cou.ucU Member Codat Socoaded By. Vice Mayor I.aJzelle PINAL vam AT ADOP11ON: Mayor PaMY R.. Bell YBS VlC8Mayor SUe EDc Lo)a11e YBS Council MerJJber MIry Aml MixOJl YES Cotmcn Member Micbae1 P. CaDah. YES Ccnmdl ManberBoprCodat YES 49 of 49 53 Detail by Entity Name ,^ffihl^r "..•••t:anmi ni o\W.iwu I Div.^t^-n v Ccu^umnns I Search Rectus / Detail by Entity Name Florida Profit Corporation CALVIN,GIORDANO &ASSOCIATES,INC. Filing Information Document Number M17373 FEI/E1N 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 1800ELLERDR STE 600 FORT LAUDERDALE,FL 33316 Changed:04/02/2001 Mailina Address 1800 ELLER DR STE 600 FORT LAUDERDALE,FL 33316 Changed:03/02/2000 Registered Agent Name &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 Page 1 of3 }\\M II fi'Oi http://search.sunbiz.org/Inquiiy/^3/6/2020 54 69 Detail by Entity Name ;l .' ( Detail by Entity Name Florida Profit Corporation CALVIN, GIORDANO & ASSOCIATES, INC. Filing Information Document Number FEUEIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 1800 ELLER DR STE600 M17373 65-0013869 06/27/1985 FL ACTIVE AMENDMENT 03/21/2001 NONE FORT LAUDERDALE, FL 33316 Changed: 04/02/2001 Mailing Address 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Changed: 03/0212000 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 02/1212018 Address Changed: 02/1212018 Officer/Director Detail Name & Address Title PCEOD GIORDANO, DENNIS J Page 1 of3 ;~ ~ ','~ ; I' ..• http://search.sunbiz.org/Inquiry ICorporationSearch/SearchResultDetail ?inquirytype=Entity... 3/6/2020 54 Detail by Entity Name 1800 ELLERDR STE 600 FORT LAUDERDALE,FL 33316 Title V Keyser,Curt 1800 ELLERDR 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 ELLERDR STE 600 FORT LAUDERDALE,FL 33316 Title V WATTS,STEVE 1800 ELLERDR STE 600 FORT LAUDERDALE,FL 33316 Title VT GIORDANO,CHRIS 1800 ELLER DR STE 600 FORT LAUDERDALE,FL 33316 Filed Date 01/02/2018 01/17/2019 01/27/2020 Annual Reports Report Year 2018 2019 2020 Document Images 01/2V/2Q20-Al\'NU/--L ^EFCRT Vi-Mfr-rr:':;,-Fbf {-.rriv. ANNUA I r;:;.;[.-r:..;:01/17/2019 - ~i?c;>Vu,;;.r,-;,,n.0/.'i2/::c;u. •-'•"•••- - ;;•/,.r;y/2r,'?•—-.••.-.•.:.••: r-:;/. • •-. ;,:;,.": , 1 , • Lll-i-._ •:1'::: -'"'1 ' •:'.•'•'':•• Page 2 of3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity...3/6/2020 55 70 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 STE600 FORT LAUDERDALE, FL 33316 TitleVT GIORDANO, CHRIS 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Annual Reports ReportVear 2018 2019 2020 Document Images Filed Date 01/0212018 01/1712019 0112712020 • : .•. :" .. : -:} !. 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Page 3 of3 56 3/6/2020 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami,Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: 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 f/k/a 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 Affiant 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,Florida each day (except Saturday,Sunday and Legal Holidays)and has been entered as second class mail 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 affiant 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 newspac (S-TEAL) GUILLERMO GARCIA personally known to rr\fmB,ltlt ~ „BARBARATHOI^AS ffA*f>Commute •GG121171 nffliffirF-WOl PUBLIC HEftBIUGS NOTICE IS HEREBY given that the City Commission of the City of South Miami Florida will conduct Public Hearing(s)at its regular C%-Commission meeting scheduled for Tuesday,March 17,2020,beginning at 7:00 p.m.,intherayCommissionChambers.6130 Sunset Drive,to consider the following itern(s): AResolution authorizing the City Manager to enter into amuffl^rpiggybackagreementwithCalvinGiordano&Associates,Inc.for General PlanningServices. AResolution 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:305-663-5340. Nkenga A.Payne,CMC CityClerk Pursuant to Florida Statutes 286.0105,the City hereby advises;the public that if a person decides to appeal any decision made by mis BoardAgencyJ?Commission with respect to any matter considered at its meet™or hearing,he or she will need a record of the proceedings andThatforsuchpurpose,affected person may need to ensure that averbatim record of the proceedings is made which record includes the testimonyandevidenceuponwhichtheappealistobebased.2o_m/mom7om 3/6 57 72 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Lega l Holidays Miami, Miami-Dade Counly, Florida STATE OF FLOR IDA COU NTY OF MIAMI-DADE: Before the undersigned authority personall y appeared GUILLERMO GARC IA, who on oath says that he or she is th e DIRECTOR OF OPERATIONS , Legal Nolices of the Miami Dail y Business Review flk/a Miami Revi ew, a d'l ( at y except Saturday , Sunday and Legal Ho li days) newspaper, published at Miam i In M ia mi-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAM I -PUBLIC HE A RINGS -MAR. 17 ,2020 in the XXXX Court, was published in said newspaper in the issues of 03/06/2020 . Affia nt further says that the said Miami Daily Busi ness Rev iew IS a newspaper pub li shed at Miam i, in said Miami-Dade County , Florida and that the sa id newspaper ha s here to fo re been continuously pub lished in said Miami-Dade County , Florida each day (except Saturday , Sunday and Le gal Holidays) and has been entered as second class mai l matier at the pos t office In Miami in sa id Miami-Dade County , Flo rida , for a period of one year ne xt preceding the first publ ication of the attached copy of advertisement; and affiant furth er says that he or she has neither paid nor promised any person , firm or corporation any discount, reba te , commission or refund for the purpose of securing this advertisement for publication in th e sa id newspa GUILLERMO GARC IA pe rsona ll y known to me ~ C TV F SOUTII MlAM' N OT ICE OF PUBLIC HEARINGS Non CE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commissioh meeting scheduled for Tuesday, March 17, 2020,'beginning at 7:00 p .m., in the City Commission Chambers, 6130 Sunset Drive, to consider the fo llowing item(s): A Resolution authorizing the City Manager to enter into a mUlti-year piggyback agreeme nt 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 Interesteq parties are invit ed to attend and will be heard. For further information , please contact the City Clerk's Office at: 30~-663-6340. Nkenga A. Payne, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by th is Board , Agency or Commission witli respect to any matter considered at its meeting or hearing, he or she will need a record of t he 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 eviden cl1 upon which the appeal is to be based. 3/6 20 -116/0000461707 57 26SE NEIGHBORS xonV»ehifd#-e#1 's museoi 9 i n e • c ^Qain^.crea^e Dr.Seuss s 1l6'hBirfhday Tuesday,March 10 FREE ADMISSION SUNDAY MARCH 8 2020 MIAMIHERALD.COM 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 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 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 Pursuanllo Florida Statutes 286.0105,the City hereby advises ihe public thai if a person decides lo appeal any decision made by this Board,Agency or Commission with respect 10any 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. 58 73 26SE I I NEIGHBORS , Dr. Seuss s 116th Birthday Tuesday, March 10 FREE ADMISSIO~ ",~, ... o..l,j ..... ', _ ..... , .... __ 1.<.4. ,~~ .. ). ~...J ,~.I,I" ",,,,J'''iI 1.10,. .. ,,,......,..., '" , .... ,.'r~ ... '.J" nO ~""~ •• 'I-I .... ~ ... .n..~. C_,., [w,,,,,"'_' ~I .-.. 11 ..... 1 ~" .,~.I .... C ......... ' .\11" ... c ....... ~ ". '010 ...... ..()JJ. ~.,.,,,',' .... , ... Ml I'<-n'~ "I ( ........ "'~'''' __ ~''' "I'd .... ~ ....... 11c-...i~. U.,.,,, ... _",,,(~, ,\0 l)'~ oM "I (" ... ,~ .... .""' ... ~,~"".~,-""'~."" ... ~"'~-"''' ... " Sponsored by: CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS I SUNDAY MAIKH B 2020 MIAMIHERAlO'(OM The~l:~ Children's Trust 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 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 authori zing 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 C it y hereby advises the public that if a person decide s to appeal any deci sion made by thi s Board, Agency or Commission with respcc llO any maHer considered at it s meeting or hearing, he or she will need a record of the proceedings, and thaL for such purpose , affe cted person may need to ensure that a verbatim record of the proceedings is made which record 58 includes the testimony and evidence upon which the appeal is to be based.