Res No 148-24-16253RESOLUTION NO. 148-24-16253
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, SELECTING MILLER, LEGG & ASSOCIATES,
INC. FOR LANDSCAPING MASTER PLAN SERVICES
PURSUANT TO REQUEST FOR QUALIFICATIONS NO.
PL2024-09 IN THE AMOUNT OF $200,000; PROVIDING
FOR AUTHORIZATION; PROVIDING FOR
CORRECTIONS; PROVIDING FOR IMPLEMENTATION,
CORRECTIONS AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami ("City") recognizes the importance of enhancing the
aesthetic quality, pedestrian walkability, shading, carbon sequestration, and overall identity of the
City's major roadway corridors; and
WHEREAS, the City Commission has determined that there is a need to develop a
comprehensive Landscape Master Plan for the major roadway corrjdors throughout the City, which
will focus on sustainability, improving the City's tree canopy coverage, and reinforcing a unique
identity for the City; and
WHEREAS, the City issued Request for Qualifications No. 2024-09 (''RFQ") for
professional services relating to Landscaping Master Plan Services (the "Services''}; and
WHEREAS, the City received four proposals by the RFQ deadline; and
WHEREAS, on July 30, 2024, an Evaluation Committee appointed by the City Manager
short listed firms and ranked Miller,. Legg & Associates, Inc. ("Consultant") as the most qualified
firm for the Services; and
WHEREAS, the City Manager recommends that the City Commission select the
Consultant to perform the Services and approve the Consultant's Proposal and Scope of Services
attached hereto as Exhibit "A" (the "ProposaP') in the amount of $200,000 for the Services (Basic
Tasks in the amount of $185,000 and Optional Task No. l 1 for Maintenance Standards and
Guidelines in the amount of$l5,000)~ and
WHEREAS, prior to the City Commission selecting a firm for the Services, the City
Commission heard oral presentations from the Consultant and a competing firm, Curtis and
Rodgers Design Studio; and
WHEREAS, the City Commission desires to select the Consultant as the most qualified
firm for the Services and authorize the City Manager to enter into an agreement \\~th the
Consultant, in substantially the form attached hereto as Exhibit "B" (the "Agreement"), consistent
with the Proposal in the amount of $200,000 for the Services (Basic Tasks in the amount of
$185,000 and Optional Task No. 11 for Maintenance Standards and Guidelines in the amount of
$15,000); and
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Res . No. 148-24-16253
WHEREAS, the cost of the Services shall be charged to the American Rescue Plan Act
(ARPA) Planning Contractual Services Account No. 121-1620-524-3450, which has a current
balance of $595,053, or such other funding source as detennined by the City Manager to be in the
best interest of the City; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Selection. That the City Commission hereby selects the Consultant for the
Services and approves the Proposal.
Section 3. Authorization. That the City Commission hereby authorizes the City
Manager to negotiate and execute the Agreement, in substantially the form attached hereto as
Exhibit "B", consistent with the Proposal in the amow1t of$200,000 for the Services (Basic Tasks
in the amount of $185,000 and Optional Task No. 11 in the amount of $15,000 for Maintenance
Standards and Guidelines), subject to the approval of the City Attorney as to form, content, and
legal sufficiency. If an agreement cannot be reached with the Consultant, the City Manager is
authorized to negotiate and execute an agreement with the next highest ranked firm until an
agreement in the best interest of the City is reached. The cost of the Services shall be charged to
the American Rescue Plan Act (ARPA) Planning Contractual Services Account No. 121-1620-
524-3450, which has a cunent baJance of $595,053, or such other funding source as determined
by the City Manager to be in the best interest of the City.
Section 4. Implementation. The City Manager is authorized to take any and all
action necessary to implement the Services and the purposes of this Resolution.
Section 5. Corrections. Confo1ming 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 6.
adoption.
Effective Date. That this Resolution shall be effective immediately upon
PASSED AND ADOPTED this I 5u, day of October, 2024.
ATTEST: APPROVED:
MAYOR
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Res . No. 148-24-16253
READ AND APPROVED AS TO FORM,
LANGUAGE , LEGALITY AND
EXECUTION THEREOF
wiif.:~AN COLE
& BIERMAN, P.L.
CITY ATTORNEY
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich :
Commissioner Calle:
Commissioner Liebman:
Commissioner Corey :
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5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:4.
City Commission Agenda Item Report
Meeting Date: October 15, 2024
Submitted by: Marcus Lightfoot
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
SELECTING MILLER, LEGG & ASSOCIATES, INC. FOR LANDSCAPING MASTER PLAN SERVICES
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. PL2024-09 IN THE AMOUNT OF $200,000;
PROVIDING FOR AUTHORIZATION; PROVIDING FOR CORRECTIONS; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PLANNING DEPT.)
Suggested Action:
Attachments:
CM_Memo_Landscape_Master_Plan__1___1_.docx
Resolution Selecting Miller Legg-Landscape Master Plan Services-10-09-24[1].docx
Exhibit A-Proposal and Scope of
Services-24-00200_City_of_South_Miami_Landscape_Master_Plan_Miller_Legg_9-10-24.pdf
Exhibit B -Professional Services Agreement Miller Legg-Landscape Master Plan Services - CAv2.DOCX
Demand_Star_RFQ_PL2024-09_7.24.24.pdf
FINAL_RFQ_Landscaping_Master_Plan_Study_6.18.24.pdf
Final_Scores_Rank_RFQ_PL2024-09_7.30.24.pdf
Bid_Tabulation_Landscaping_Master_Plan_7.24.24.pdf
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CITY OF SOUTH MIAMI
OFFICEOFTHECITYMANAGER
INTER-OFFICE MEMORANDUM
TO:The HonorableMayor,ViceMayor, andMembersofthe CityCommission
FROM:Genaro “Chip” Iglesias, City Manager
DATE:October 15, 2024
SUBJECT:Resolution regarding a landscape master plan for the City of South Miami;
providing for implementation; and providing an effective date.
RECOMMENDATION: Authorize the City Manager to execute an agreement with Miller Legg for
the preparation of a LandscapeMaster Planfor theCityof SouthMiami, in
an amount not to exceed $200,000, including both basic tasks and Task11
for Maintenance Standards and Guidelines, as outlined in the attached
resolution.
BACKGROUND:The City of South Miami ("City") recognizes the importance of improving
the aesthetic quality, pedestrian walkability, shading, and overall identity
of its major roadway corridors. To achieve these goals, the City issued a
Request for Qualifications (RFQ) for the development of a comprehensive
Landscape Master Plan (the "Plan"). The RFQ was issued on June 18, 2024,
and closed on July 24, 2024, in accordance with the Consultants
Competitive Negotiation Act (CCNA).
Four (4) proposals were received and reviewed by the Procurement
Division for responsiveness. All proposals met the requirements of the
solicitation and were reviewed by a Selection Committee comprised of
Alfredo Riverol (Chairperson and Chief Financial Officer), Samantha Fraga-
Lopez (Deputy CityManager), and Suramy Cabrera(Development Services
Director). The proposals received were as follows:
Miller Legg
Curtis Rogers
Calvin Giordano
Cotleur & Hearing
Theproposals wereevaluatedbasedonresponsiveness,qualifications, and
experience.Thefinal scoresand rankings ofthe proposals wereasfollows
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Respondent Scores&Rank
Proposer S.Fraga Lopez A.Riverol S.Cabrera Scores Total Rank
Miller Legg 95 100 100 295 1
Curtis Rogers 93 95 90 278 2
Calvin Giordano 85 90 93 268 3
Cotleur &Hearing 75 85 90 250 4
Miller Legg was the highest-ranked respondent and was unanimously
selected bythe EvaluationCommittee.Thefirmdemonstratedthe capacity
and expertise needed to deliver the Landscape Master Plan, with previous
relevant experience including:
Cityof Tamarac“G-Forward LandscapeMasterPlan Update”
CityofCoralSprings“TreeandLandscapeInspections”
Cityof Miramar“Roads Landscape Improvements”
Cityof Pembroke Pines “Streetscape Design”
Town ofMiamiLakes “StreetscapeMasterPlan”
CityofFortLauderdale“LasOlasBoulevardMasterPlan”
Miller Legg has also completed the current Parks Master Plan for the City,
and the Parks and Recreation Department reports that the Plan has
successfully met their current and future planning needs for park updates
and enhancements.
The City hasdetermined that developing acomprehensive Landscape Master
Plan for the major roadway corridors is a necessary step toward enhancing
sustainability, tree canopy coverage, and the overall aesthetic identity of
SouthMiami.The LandscapeMaster Plan willincludean analysisof existing
conditions, the development of opportunities and constraints, conceptual
designs, and a final Plan to guide future improvements.
At the September Commission meeting, the City Commission requested that
the two highest-ranked respondents, Miller Legg and Curtis Rogers, return to
the October 1st meeting to provide a detailed presentation of their proposals.
Both firms showcased their qualifications andvisions for the project during the
October 1st session.
Miller Legg’s presentation further solidified the firm’s capabilities and prior
successful track record on landscape architecture and master plan experience,
reinforcing the City staff’s recommendation. Their proven track record and
comprehensive approach made a compelling case that Miller Legg is a well-
suited and capable partner to lead this transformative initiative.
The resolution authorizes the City Manager to proceed with the
development and implementation of the Landscape Master Plan in
accordance with the terms outlined in the Scope of Services provided by
Miller Legg.
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FUNDING:To be paid out of ARPA Planning Contractual Services account
121.1620.524.3450,With a current ARPA fund balance of $595,053
ATTACHMENTS:Resolution
Proposal
4
September 10, 2024
Via E-mail: SCabrera@southmiamifl.gov
Suramy Cabrera, PE
Development Services Director
City of South Miami
6130 Sunset Drive, South Miami, FL 33143
Re: City of South Miami Landscape Master Plan (the “Project”)
ML Project No. 24-00200
Dear Suramy:
Per your request, please find the Scope of Services related to the City of South Miami
Landscape Master Plan Project.
Upon your review, please let us know if you have any questions regarding the attached
scope and fees for this project.
Should you have any questions, please contact me at (786) 581-2513, or
mjuncal@millerlegg.com. We appreciate the opportunity to present this proposal and
look forward to hearing from you soon.
Sincerely,
C. Miguel Juncal, RLA
Landscape Architecture
MDK/cmj
Attachment: Exhibit A – Scope of Services
V:\Projects\2024\24-00200 - SOUTH MIAMI LANDSCAPING MASTER PLAN SVCS\Documents\Contracts\Agreement for Professional
Services_9-4-24.docx
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ADDITIONAL SERVICE AGREEMENT FOR PROFESSIONAL SERVICES
Client: City of South Miami Client Representative: Suramy Cabrera
Address: 6130 Sunset Drive Address: Same
South Miami, FL 33143
Phone /Fax: 305-663-6345 Email: SCabrera@southmiamifl.gov
Date: Sept. 10, 2024 Proposal No. 24-00200
Project Name and Location: City of South Miami Landscape Master Plan (the “Project”)
Description of Services to be Provided: See Exhibit A
Fee: Lump Sum of $185,000.00 AND Hourly not to exceed (NTE) fee of $ 50,000.00
Optional Services Lump Sum Fee of $37,750.00
Retainer: (Payable upon execution of this Agreement) $N/A
Special Conditions: N/A
Notice to Owner: Is the Client the Owner of the Property? Yes No
The undersigned agree to the attached General Conditions and Special Provisions which are incorporated
and made a part of this Agreement. Any additional requested services will be addressed in a separate
agreement.
Miller, Legg & Associates, Inc. d/b/a Miller Legg
(Consultant)
City of South Miami (Client)
Date: Date:
Signature Signature
Printed Name/Title Printed Name/Title
MDK/CMJ
Attachments: General Conditions/Special Provisions
Client Billing Instructions
Exhibit A
V:\Projects\2024\24-00200 - SOUTH MIAMI LANDSCAPING MASTER PLAN SVCS\Documents\Contracts\Agreement for Professional Services_9-4-24.docx
9
ML Project No: 24-00200 2 of 5 Initial: ML:_______ Client:_______
GENERAL CONDITIONS
These general conditions are attached and made part of proposals and agreements for services by Miller Legg, the Consultant.
1.0 Standard of Care
Consultant, providing services under the Agreement, will endeavor to perform in a
manner consistent with the degree of care and skill exercised by members of the
same profession under similar current circumstances. The Consultant, cannot and
does not warrant or guarantee that the Client’s Project will comply with all
interpretations of the Americans with Disabilities Act (ADA) requirements.
2.0 Basic Services
Consultant shall provide the mutually agreed-upon services outlined in the
Agreement. Any services not specifically outlined in the Agreement are
specifically excluded from the scope of Consultant’s services. Consultant
assumes no responsibility to perform any services not specifically addressed in the
Agreement.
3.0 Additional Services
If mutually agreed to in writing by the parties, in advance, Consultant will provide
additional services, which shall be documented and appended hereto. Additional
services are not included as part of the basic scope of services and shall be paid
for by Client in addition to the payment for basic services. Payment for additional
services shall be in accordance with Consultant’s Rate Schedule, as provided for
in Section 5.0, Compensation, or as otherwise mutually agreed to by the parties.
4.0 Client Responsibilities
Unless otherwise designated in writing, the Client’s representative with respect to
Client shall designate in writing, a person to act as his/her representative with
respect to the services to be rendered under the Agreement will be the individual
designated as such on the signature page. Client shall provide all criteria and
information required for Consultant to perform services under the Agreement.
Client shall provide for access to and make all provisions for Consultant to enter
upon public and private property as required to perform services under the
Agreement.
5.0 Compensation
a) Monthly progress invoices for basic services and additional services will be
submitted to Client by Consultant based on percent complete for each project task.
Amount of each progress invoice shall be based upon percent complete of
Consultant’s contracted work, not based upon progress of any parties not under
Consultant’s control. Hourly services shall be invoiced based on applicable hourly
rates in accordance with the Rate Schedule which is subject to semi-annual
adjustment.
b) These invoices are due upon presentation and shall be considered past due if
not paid within thirty (30) calendar days. Fees are not based upon pay if paid
terms. Fees are not based upon pay when paid terms except if specifically agreed
to in writing by both parties under the Special Provisions section of this
Agreement. Consultant payment shall not be delayed from submittal to Prime
and/or Owner for processing when serving as a sub-consultant. Consultant shall
have the right to communicate directly with the Prime and/or Owner regarding
delays in payment from Client for services rendered under this Agreement as a
sub-consultant.
c) In order to provide uninterrupted service by Consultant, Client is required to
promptly pay submitted invoices. Client shall have a fourteen (14) day review
period to request clarification or additional information regarding an invoice. If
no request is made during the review period, the invoice is deemed approved and
payment will be made in the full amount of the invoice. If payment in full is not
received by Consultant within thirty (30) calendar days, all past due amounts shall
bear interest at one and one-half (1.5) percent per month from said thirtieth (30th)
day.
d) If Client fails to make payments when due or otherwise breaches the
Agreement, Consultant may suspend performance of services with seven (7) days
written notice to Client. Consultant shall have no liability whatsoever to Client
for any costs or damages whatsoever as a result of such suspension caused by any
breach of the Agreement by Client. Upon payment in full by Client, Consultant
may, upon written agreement of both parties, resume services under the
Agreement and the time schedule and compensation shall be equitably adjusted to
compensate for the period of suspension plus any other reasonable time and
expense necessary for Consultant to resume performance.
e) Payment of invoices is in no case subject to unilateral discounting or setoffs by
Client and payment is due regardless of suspension or termination of the
Agreement by either party.
f) Retainer shall be paid to Consultant by Client prior to commencement of
services. This retainer shall be applied to the final invoice for services provided
under this Agreement.
6.0 Permit, Agency and Application Fees
Client shall be responsible for and pay all project-related fees including, but not
limited to, permitting, filing, recording, inspection, plan review, DRI, PUD,
rezoning and impact fees. Any mutually agreed-upon project-related fee up to
$500 may be paid by Consultant and invoiced as a reimbursable expense.
7.0 Collection Costs
In the event that any invoice or portion thereof remains unpaid for more than
thirty (30) days following the invoice date, Consultant may initiate legal action to
enforce the compensation provision of the Agreement. Consultant is entitled to
collect any judgment or settlement sums due, reasonable attorney fees, court costs,
interest and expenses incurred by Consultant and Consultant’s time charged at the
hourly rates of the current hourly rate sheet in connection with the collection of
any amount due under the Agreement.
8.0 Reimbursables
Project-related expenses such as travel, lodging, per diem, long distance
communications, postage, shipping, reproductions, approved subcontracted
services and other necessary and customary costs shall be paid to Consultant by
Client. These reimbursables shall be compensated at:
• Unit prices per Consultant’s Rate Schedule.
• Out-of-pocket expenses billed at a multiplier of 1.15 to cover
processing costs.
9.0 Taxes
Any government-imposed taxes or fees shall be added to the invoice and paid by
Client to Consultant for services under the Agreement.
10.0 Indemnification
a) Client agrees, to the fullest extent permitted by law, to indemnify and hold
harmless Consultant, its officers, directors, employees and independent
subconsultants against all damages, liabilities or costs, including reasonable
attorneys’ fees and defense costs, arising out of or connected with the Agreement
or performance by any of the parties above-named, of the services performed
under the Agreement, except (i) those damages, liabilities or costs attributed to the
negligent acts or negligent failures to act by Consultant specifically in the
performance of the Agreement, or (ii) those liabilities or costs attributed to grossly
negligent or intentional acts by Consultant occurring other than in the specific
performance of the Agreement.
b) Client agrees that as Client’s sole and exclusive remedy, any claim, demand or
suit shall be directed and/or asserted only against Consultant, a Florida
corporation, and not against any of Consultant’s employees, officers or directors,
and specifically waives the bringing of any such claims against said individuals.
c) In the event that any third party, whether or not such third party is a party to
this Agreement, should bring an action, assert a claim, or have imposed upon
Consultant, its officers, directors, employees and independent subconsultants any
judgment, damages or liability where such claim is, in any way whatsoever,
asserted due to the existence of this Agreement or any services rendered or
performed by Consultant, its officers, directors, employees and independent
subconsultants in connection therewith, Client agrees, subject to Article 10.a
hereof, to indemnify and hold Consultant, its officers, directors, employees and
independent subconsultants harmless of and from any and all claims, liabilities,
damages, costs, judgment or other amounts which may be awarded against
Consultant, its officers, directors, employees and independent subconsultants, or
any of the foregoing.
11.0 Limitation of Liability
a) PER FLA. STATUTE 558.0035, A
DESIGN PROFESSIONAL EMPLOYED BY
CONSULTANT IS NOT INDIVIDUALLY
LIABLE FOR DAMAGES RESULTING
FROM NEGLIGENCE OCCURING WITHIN
THE COURSE AND SCOPE OF THIS
AGREEMENT.
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ML Project No: 24-00200 3 of 5 Initial: ML:_______ Client:_______
b) In recognition of the relative risks and benefits of the project to both Client
and Consultant, Client agrees to the fullest extent permitted by law, to limit the
liability of Consultant and/or its employees, officers, directors, partners, agents
and/or representatives to Client and/or any person and/or entity claiming by
and/or through Client for any and all claims, losses, costs, damages or claim’s
expenses from any cause or causes, including, but not limited to, attorney fees
and costs resulting from Consultant’s negligent acts, errors and/or omissions.
The total liability of Consultant to Client shall in no event exceed $100,000.
12.0 Instruments of Service Ownership
a) All reports, plans, specifications, electronic files, field data, notes and other
documents and instruments prepared by Consultant as the Agreement’s
instruments of service shall remain the property of Consultant. Consultant shall
retain all common law, statutory and other reserved rights, including the
copyright thereto.
b) Instruments of service by Consultant are for the sole use of Client and are
not to be copied or distributed, in any manner, to a third party, without the
express written permission of Consultant. Electronic information or files are for
informational purposes only. It is the responsibility of Client to verify the
accuracy of the information therein and to hold Consultant harmless for any
damages that may result from the use of the information. Client at his own cost
shall be responsible for validating any and all electronic information provided.
13.0 Governing Law
Client and Consultant agree that the Agreement and any legal actions
concerning said Agreement shall be governed by the laws of the State of
Florida.
14.0 Mediations/Dispute Resolution
a) To resolve any conflicts which might arise during the performance of
Consultant’s services under the Agreement, or during the construction of the
Project, and/or following the completion of the project, Client and Consultant
agree that all disputes, pertaining to the performance of services by Consultant,
shall be first submitted to non-binding mediation. Failure by any party to fully
comply with the pre-suit mediation provision shall, upon finding by a court
and/or jury, constitute a waiver of this condition precedent. The fees and/or
costs of mediation shall be equally borne by the parties to the Agreement.
b) In the event of litigation, disputes shall be resolved in the circuit court of the
Florida county in which the Project is located under the Agreement. The
prevailing party in such litigation shall be entitled to recover from the non -
prevailing party all reasonable attorney fees, taxable court costs, expert witness
fees and costs, demonstrative evidence costs, and such other reasonable fees
and/or costs generally associated with the litigation of such matters, as
determined upon hearing, post-trial, by the court.
c) Irrespective of any contract provision or obligation of either party hereunder
pursuant to contract or agreement with person(s) and/or entity(ies) not
specifically named herein, Consultant shall not be obligated to participate in,
nor be a named party in, any arbitration proceeding without the express written
consent of Consultant.
15.0 Delays
a) In the event the project under the Agreement is delayed by any ac t or
omission by Client or any other causes beyond Consultant’s exclusive control,
Client agrees that Consultant is not responsible for any and all damages arising
directly or indirectly from such delays. If the delays resulting from any such
causes are fifteen (15) days or more, or increase the cost or time required by
Consultant to perform its services in an orderly and efficient manner, Consultant
shall be entitled to an equitable adjustment in schedule and/or compensation
prior to re-commencing work on the project.
b) Client recognizes and agrees that factors both within and without
Consultant’s control may delay the work performance, permit issuance, design
and construction of the project. Client agrees that it shall not be entitled to any
claim for damages due to hindrances or delays from any cause whatsoever
including, but not limited to: the production of contract documents; review of
documents by any government agency; issuance of permits from any
government agency; beginning or completion of construction; or performance of
any task of the work pursuant to the Agreement. Permitting is a regulatory
function and Consultant does not guarantee issuance of any permit. Agency
reviews and permitting are deemed “factors” outside Consultant’s control.
16.0 Termination
The Agreement and the obligation to provide further services under the
Agreement may be terminated by either party upon seven (7) days written
notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party.
Consultant shall have the right to terminate this Agreement for Consultant’s
convenience and without cause upon giving the Client seven (7) days written
notice. In the event of termination of the Agreement by either party, Client shall
within fifteen (15) calendar days of termination, pay Consultant for all services
rendered to date, all reimbursable costs and termination expenses incurred by
Consultant up to the date of termination, in accordance with the payment
provisions of the Agreement.
17.0 Renegotiation of Fees
Consultant reserves the right to renegotiate fixed fees to reflect changes in price
indices and pay scales applicable to the period when services are rendered.
18.0 Construction Phase
a) Consultant shall not, during any site visits or as a result of observing
Contractor’s (s’) work in progress, supervise, manage, direct or have control
over Contractor’s (s’) work. Nor shall Consultant have any authority or
responsibility for the means, methods, techniques, sequences or procedures of
construction selected by Contractor(s) for safety precautions and programs
incident to the work of Contractor(s) or for any failure of Contractor(s) to
comply with laws, rules, regulations, ordinances, codes or orders applicable to
Contractor(s) furnishing and performing its work. Consultant can neither
guarantee the performance of the construction contracts by Contractor(s) nor
assume any responsibility for Contractor’s (s’) failure to finish and perform its
work in accordance with the contract documents.
b) If construction phase services including project observation or review of the
Contractor’s performance are not part of this Agreement, such services will be
provided for by the Client. The Client assumes all responsibility for
interpretation of the Contract Documents and for construction observation, and
the Client waives any claims against the Consultant that may be in any way
connected thereto.
19.0 Hazardous Materials
Consultant’s Scope of Services does not include any services related to the
presence of any hazardous or toxic materials including, but not limited to
asbestos, toxic or hazardous waste, PCB’s, combustible gases and materials,
petroleum or radioactive materials. In the event any hazardous or toxic
materials are present on or about the job site or any adjacent areas that may
affect the performance of Consultant’s services, Consultant may, at its option
and without liability for consequential or other damages, suspend performance
of its services under the Agreement until Client retains appropriate consultants
or contractors to identify and abate or remove the hazardous or toxic materials
in full compliance with all applicable laws and regulations.
20.0 Signage
Client agrees to provide Consultant with a location for Consultant’s temporary
construction signage on the project site before and during construction
activities.
21.0 Successors and Assigns
Neither party to the Agreement shall transfer, sublet or assign any rights under
or interest in the Agreement (including, but without limitation, monies that may
become due or monies that are due) without the prior written consent of the
other party. Subcontracting to subconsultants normally contemplated by
Consultant shall not be considered as an assignment for purposes of the
Agreement. Consultant assignment of payment rights as part of Consultant’s
typical operations funding process through a factoring company or similar non-
traditional banking relationship shall be authorized.
END OF DOCUMENT
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ML Project No: 24-00200 4 of 5 Initial: ML:_______ Client:_______
SPECIAL PROVISIONS
These special provisions are attached hereto, and made a part of, this Agreement for Professional Services for
City of South Miami Landscape Master Plan (the “Project”), Project No. 24-00200 by Miller Legg, the
Consultant.
1.0 This page intentionally left blank.
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ML Project No: 24-00200 5 of 5 Initial: ML:_______ Client:_______
CLIENT BILLING INFORMATION
The following billing information must be completed by the Client. Client must notify Consultant of
any changes to this information within one billing cycle.
I) PROJECT & CONTACT INFORMATION
Project Name: Accounting/Billing Contact:
Project Manager Name: Accounting Check Run Dates:
Phone Number: Phone Number:
Fax Number: Fax Number:
E-mail Address: E-mail Address:
II) BILLING INFORMATION
Original Invoice should be addressed as follows:
Client/Company Name:
Attention:
Billing Address:
Fax Number:
Copies should be forwarded to:
Client/Company Name:
Attention :
Billing Address:
Fax Number:
III) INVOICE SUPPORTING DOCUMENTS/FORMATTING
Please note that additional fees may be added for any of the following services:
Special Invoice Requirements
(provide details/include copy) ❑
Project/P.O./Contract Number Reference ❑
Number of Invoice Copies _
Comments: _________________________________________________________________________
___________________________________________________________________________________
IV) PAYMENT OPTIONS
Please check appropriate box. Check ❑ Direct Deposit/Wire Transfer ❑
Note: Please include our invoice number on your
check.
Note: Please reference our project number when you
set up the wire transfer. Bank info will be provided
upon completion of form.
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September 10, 2024
ML Project No. 24-00200 Page 1 of 7 Initial: ML: _______ Client: _______
EXHIBIT A – SCOPE OF SERVICES
City of South Miami Landscape Master Plan (the “Project”)
1.0 PROJECT DESCRIPTION
1.1 The Project is generally described as follows: Consultant shall prepare a
study of the Major Roadway Landscapes for defined zones
throughout the City of South Miami to provide a go-forward Master
Plan for the major roadway corridors. A comprehensive planning
approach will address current and future needs of South Miami
focusing on sustainability, while providing a unique identity to the
City.
2.0 BASIS OF SCOPE
The City desires a Landscape Master Plan to provide a go-forward Landscape
Approach for the major roadway corridors throughout the City of South Miami.
2.1 General:
•The Client for this proposal shall be the City of South Miami (the
“City”). The Consultant is Miller Legg.
•The Project areas to be involved in the Master Plan include:
•Public rights of way
•Gateway entrances
•Key intersections
•Client’s goal is to enhance City’s tree canopy coverage to improve
aesthetics, identity, pedestrian walkability, shading, and carbon
sequestration.
•Parks, municipal facilities, and open spaces are not included in this
scope but can be provided as an additional service if requested by the
Client.
•The Landscape Master Plan will recommend improvements that will
reinforce an identity for the City of South Miami.
•Community engagement will be limited to Green Committee Meetings
and Public City Commission Meeting Presentation.
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ML Project No. 24-00200 Page 2 of 7 Initial: ML: _______ Client: _______
3.0 INFORMATION/SERVICES TO BE PROVIDED BY CLIENT/OWNER
3.1 Right-of-way maps, surveys, aerial photos, locations of utilities, locations
of existing signage, proposed improvement plans and, in particular,
locations of existing landscaping and irrigation, public contacts, and other
resource information.
3.2 Copies of all relevant data, including correspondence, reports, plans or
information in its possession which may be beneficial to the work effort
performed by the Consultant.
3.3 All website and social media hosting and support required for the scope.
3.1 Access to project sites and approval for Consultant to perform the services
listed below.
4.0 SCOPE OF BASIC SERVICES AND FEE
The scope of services to be provided by Consultant shall be as follows:
Task 1 Existing Conditions and Information Assembly – Consultant shall
conduct a kickoff meeting with Client to review project and establish a
Goals Statement for the Landscape Master Plan. The Goals Statement
will provide key concepts to be achieved with the Landscape Master Plan.
This Goals Statement will be utilized in the development and decision-
making process of the Landscape Master Plan.
At the kickoff meeting, Client will provide current information and planned
projects or budgets that would be critical to the Master Plan. Consultant
will gather relevant data available from Client and publicly acknowledged
sources, including 2023 Placemaking, Branding and Urban Design
contract, 2015 Intermodal Transportation Plan, existing streetscape
related programs, demand studies for roadway improvements, corridor
studies and current City landscape maintenance operations. Specific
information required from the City would include right-of-way maps,
locations of utilities, locations of existing signage and, in particular,
locations of existing landscaping and irrigation to the extent available.
Consultant will conduct a field review of existing public right of way
corridors within the scope of work. This field review will identify existing
landscape conditions, general quantities and the quality of the plant
materials in these locations. Consultant will then classify the existing
roadways so that specific Guidelines can be developed for up to six (6)
roadway classifications. In addition, the Guidelines will address unique
regions, neighborhoods or zones of the City. These regions will be
defined and delineated in coordination with the Client.
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September 10, 2024
ML Project No. 24-00200 Page 3 of 7 Initial: ML: _______ Client: _______
A generalized species list per identified corridor will be provided and
described. A detailed inventory and assessment of existing trees and
palms within the identified corridors is not included in this Task. Refer to
Tree Inventory and Evaluation Task for these additional services.
A generalized hardscape type and color inventory will be performed per
identified corridor. A detailed inventory and assessment of existing
hardscape within the identified corridors is not included.
Consultant will identify any additional information needed for the Master
Plan that may not be currently available. Client will determine at that time
to either proceed without use of that information, or to engage additional
services from the Consultant or others to prepare/provide the necessary
missing information to complete the Plan.
Consultant will conduct two (2) status/coordination meetings with Client to
review the inventory and assessment information.
Task 2 Opportunities and Constraints Analysis – Following classifying
roadways, delineating regions, coordinating field reviews, and collection of
available data, maps, and documents, Consultant will prepare an
annotated series of graphics superimposed on aerial photographs
indicating various findings of importance to the development of the Master
Plan. These findings will identify specific Opportunities to be maximized
and Constraints to be overcome. This analysis will consist of two (2)
components: mapped information and narrative descriptions. Particular
issues to be addressed are as follows:
• Hierarchy of roadways within the City
• Gateway opportunities and constrains
• Level of identity desired for areas/points with the City
• General conditions of landscape and irrigation systems.
• Opportunities for plant material.
• Existing hardscape types, shapes and colors.
• Adjacent property access issues and conditions which will be a
challenge to street landscaping and right-of-way enhancement
• Solar microclimatic factors: wind tunneling, glare, deficient lighting,
etc.
• Maintenance issues: trash, graffiti, dead plant material, etc.
The above information will be provided and reviewed with Client. Digital
copies of maps and narratives shall be provided to the Client at the
conclusion of this task.
Task 3 Conceptual Landscape Master Plan Graphics Development –
Consultant will prepare typical conceptual Landscape Corridor graphics for
each of the identified roadway and gateway classifications. This is the
start of the design process which provides information necessary to solicit
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September 10, 2024
ML Project No. 24-00200 Page 4 of 7 Initial: ML: _______ Client: _______
staff input. Up to two (2) alternative cross-sections and related plan view
segments of before and after conditions will be prepared for each roadway
classification.
In addition, preliminary concepts and locations of hardscape, pedestrian
crossings, and locations of street furnishings will be suggested for each
roadway type. Any unique community-desired Citywide Streetscape
elements determined prior to this Master Plan shall be included, where
appropriate, for discussion.
Digital copies of graphics shall be provided to Client at the conclusion of
this Task.
Task 4 Conceptual Design Coordination Meeting – Consultant will attend and
present conceptual landscape alternatives for identified roadway types to
Client and Green Committee to aid in determining needs and desires of
the City. At this meeting, Consultant will conduct a discussion of site
opportunities and constraints, review a preliminary determination of
roadway hierarchy including entry points, and review Conceptual
Landscape Master Plan graphics. Preparation of agenda outline / staff
copies / PowerPoint is included in this task.
Task 5 Draft Landscape Master Plan – Utilizing the prior Analysis Tasks and
input from the Conceptual Design Coordination Meeting, Consultant will
begin to develop a vision for South Miami landscape. As key to the Design
and Planning task, Consultant will prepare cohesive and visionary
conceptual Landscape Master Plan graphics for each of the identified
roadways and gateways. The Plan will include images, design concepts
and guidelines, and typical plant selection. Sustainable practices will be
integrated into the design and planning element efforts that include native
plantings, water conservation, and green infrastructure.
Consultant will review existing City codes and will identify items and
policies that will be required or modified to facilitate the Landscape Master
Plan vision.
These design and planning efforts will be coordinated with the Plusurbia
Placemaking, Branding and Urban Design work for the Sunset Strip core
of the City.
Consultant will prepare final components of the Landscape Master Plan.
Components of this work include the following:
i. Goals Statement – A narrative of the Master Plan’s goals to be
achieved; provided as previously developed with Client.
ii. Major Opportunities and Constraints – This includes the maps and
narrative from the data gathering stage provided in simplified format
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September 10, 2024
ML Project No. 24-00200 Page 5 of 7 Initial: ML: _______ Client: _______
as a means of providing a checklist of accomplishments by the
Master Plan in response to these existing conditions.
iii. Landscape Master Plan Narrative – A draft of written Guidelines for
the development of City streetscapes will be prepared. The format
of these Guidelines will be coordinated with City staff to ensure
their compatibility with existing codes and development regulations.
This narrative will be supported by the graphics and exhibits also
prepared as part of this task.
iv. Typical Conceptual Designs – Each major roadway type is
identified and matched with a preferred typical landscape and
hardscape design approach. This is a refinement of the alternative
graphics by either selection of a preferred alternative or
modification of any of them to create a more appropriate one.
Issues of locations for canopy trees, major palm plantings, use of
color, and groupings of plantings to achieve various preferred
results are also provided.
v. It is anticipated that up to six (6) roadway classifications will be
addressed in this design application. Each roadway classification
will be illustrated by use of cross-section drawings and typical plan
view segments.
vi. Roadway and Gateway concepts will be developed and identify
improvement to maximize emphasis of City identity and theme.
vii. The following topics will be incorporated, where appropriate, into
the Landscape Master Plan: Recommendations, Implementation,
Schedule, order of magnitude implementation costs, Grants offered
by local or State agencies.
Task 6 Draft Master Plan Coordination Meetings – Consultant will conduct two
(2) Draft Master Plan coordination meetings with Client and Green
Committee for their review of Draft Master Plan.
Task 7 Final Landscape Master Plan – Upon feedback from Client review and
acceptance of Draft Landscape Master Plan, Consultant will prepare the
Final Landscape Master Plan including all elements of the Draft
Landscape Master Plan. Consultant will conduct two (2) Final Master Plan
review meetings with Client in preparation for commission meeting.
Task 8 City Commission Public Meeting - Consultant shall prepare a draft
PowerPoint presentation for review with Client prior to commission
meeting. Consultant shall revise PowerPoint per Client comments.
Consultant will attend one (1) meeting to communicate the Final
Landscape Master Plan.
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September 10, 2024
ML Project No. 24-00200 Page 6 of 7 Initial: ML: _______ Client: _______
The following additional Tasks to be provided by Consultant upon authorization by
Client
Task 9 Tree Inventory and Assessment – Consultant shall conduct an inventory
of the existing trees and palms along the identified corridors. Sub-meter
accurate G.P.S. location (Northering and Easting), botanical name,
common name, height and spread of tree or palm will be collected. This
information will be documented in a standard KMZ file format and tabular
form (excel).
Task 10 Codes, Regulations and Policies Preparation – Consultant shall
prepare, coordinate and assist the City in the development of final code,
regulation, or policy language to be codified to achieve desired
implementation of the Landscape Master Plan recommendations.
Potential code and policy documents that may be addressed include, Land
Development Code, Public Works Manual, DTPW MOU’s, etc.
Consultant shall assist Client in the preparation for and presentations to
the applicable Board, Agency, and/or City Commission (first and second
readings) meetings for acceptance of codes, regulations, and policies. In
addition to these public meetings, Consultant will conduct review meetings
with Client as required.
As this task’s scope cannot be defined until acceptance/adoption of
Landscape Master Plan, these services will be provided hourly. Some
typical ranges for these services include:
• Revise Pertinent Sections of the Land Development Code: $25,000
– $60,000
• Propose Updates to the Public Works Manual: $20,000 – $40,000
• Prepare Additional Illustrations, Animations, or Presentation
Materials: $10,000 – 50,000
Task 11 Maintenance Standards and Guidelines – Based upon the approved
Landscape Master Plan and associated modifications, Consultant shall
prepare draft and final maintenance standards and guidelines for the
landscape and hardscape elements outlined in the Landscape Master
Plan. These specifications and guidelines will address desired aesthetics,
function, and safety to ensure they are achieved and maintained.
Consultant will conduct three (3) review meetings with Client.
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ML Project No. 24-00200 Page 7 of 7 Initial: ML: _______ Client: _______
TASK NO. TASK LUMP SUM
FEE
HOURLY
NTE FEE
Task 1 Existing Conditions and Information Assembly 33,000$
Task 2 Opportunities and Constraints Analysis 23,500$
Task 3 Conceptual Landscape Master Plan Graphics Development 50,500$
Task 4 Conceptual Design Coordination Meeting 9,500$
Task 5 Draft Landscape Master Plan 35,500$
Task 6 Draft Master Plan Coordinaton Meetings 7,000$
Task 7 Final Landscape Master Plan 19,500$
Task 8 City Commission Public Meeting 6,500$
Basic Tasks Subtotal 185,000$ -$
Task 9 Tree Inventory and Assessment 22,750$
Task 10 Codes, Regulations, and Polices Preparation 50,000$
Task 11 Maintenance Standards and Guidelines 15,000$
Optional Tasks Subtotal 37,750$ 50,000$
TOTAL FEE 222,750$ 50,000$
FEE SUMMARY
OPTIONAL TASKS
BASIC TASKS
V:\Projects\2024\24-00200 - SOUTH MIAMI LANDSCAPING MASTER PLAN SVCS\Documents\Contracts\Exhibit A
9-10-24.doc
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Page 1 of 10
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
MILLER, LEGG & ASSOCIATES, INC.
THIS AGREEMENT (this “Agreement”) is made effective as of the day of
, 2024 (the “Effective Date”), by and between the CITY OF
SOUTH MIAMI, a Florida municipal corporation (hereinafter the “City”), and MILLER, LEGG
& ASSOCIATES, INC., a Florida corporation (hereinafter, the “Consultant”).
WHEREAS, pursuant to the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes (the “CCNA”), on June 18, 2024, the City issued Request for Qualifications No.
PL2024-09 (the “RFQ”) for Landscaping Master Plan Services (“Services” as hereinafter defined),
a copy of which is incorporated herein and made a part hereof by reference; and
WHEREAS,in response to the RFQ, the Consultant submitted its proposal with
qualifications (the “Qualifications”) for the Services, which is incorporated herein by reference
and a made part hereof; and
WHEREAS,on October 15, 2024, the City Commission adopted Resolution No.
_________ selecting the Consultant as the top-ranked firm to perform the Services and authorized
the City Manager to negotiate and execute an agreement with the Consultant; and
WHEREAS,the Consultant will perform the Services, as further described in Exhibit “A”
“Scope of Services” attached hereto; and
WHEREAS,the City and Consultant, through mutual negotiation, have agreed upon a
Scope of Services and Fee as set forth in Exhibit “A” in connection with the Services; and
WHEREAS, the Citydesires to engage the Consultant to perform the Services and provide
the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the City agree as follows:
1. Scope of Services.
1.1.Consultant shall provide the Services set forth in Scope of Services attached hereto as
Exhibit “A the” and incorporated herein by reference (the “Services”).
1.2.Consultant shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
“Deliverables”) to the City.
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Page 2 of 10
2. Term/Commencement Date.
2.1.The term of this Agreement shall be from the Effective Date through one year thereafter,
unless earlier terminated in accordance with Paragraph 8. Additionally, the City Manager
may renew this Agreement for two (2) additional one-year periods on the same terms as
set forth herein upon written notice to the Consultant.
2.2.Consultant agrees that time is of the essence and Consultant shall complete the Services
within the term of this Agreement, unless extended by the City Manager.
3. Compensation and Payment.
3.1.Compensation for Services provided by Consultant shall be in accordance with the Fee
Summary made a part of the Scope of Services attached hereto as Exhibit “A”, in an
amount not to exceed$200,000(Basic Tasks in the amount of $185,000 and Optional Task
No. 11 in the amount of $15,000 for Maintenance Standards and Guidelines).
3.2.Consultant shall deliver an invoice to City no more often than once per month detailing
Services completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pursuant to Consultant’s invoice, which shall be based upon the
percentage of work completed for each task invoiced. The City shall pay the Consultant in
accordance with the Florida Prompt Payment Act after approval and acceptance of the
Services by the City Manager.
4. Subconsultants.
4.1.The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
4.2.Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the City Manager, which approval may be granted or withheld in the City
Manager’s sole and absolute discretion.
5. City’s Responsibilities.
5.1.City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the City, and
provide criteria requested by Consultant to assist Consultant in performing the Services.
5.2.Upon Consultant’s request, City shall reasonably cooperate in arranging access to public
information that may be required for Consultant to perform the Services.
6. Consultant’s Responsibilities; Representations and Warranties.
6.1.The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Consultant’s Deliverables
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or Services are incorrect, not properly rendered, defective, or fail to conform to City
requests, the Consultant shall at Consultant’s sole expense, immediately correct its
Deliverables or Services.
6.2.The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the
Services for City as an independent contractor of the City. Consultant further warrants and
represents that it has the required knowledge, expertise, and experience to perform the
Services and carry out its obligations under this Agreement in a professional and first class
manner.
6.3.The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1.To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City.
8. Termination.
8.1.The City Manager, without cause, may terminate this Agreement upon five (5) calendar
days written notice to the Consultant, or immediately with cause.
8.2.Upon receipt of the City's written notice of termination, Consultant shall immediately stop
work on the Services unless directed otherwise by the City Manager.
8.3.In the event of termination by the City, the Consultant shall be paid for all Services
accepted by the City Manager up to the date of termination, provided that the Consultant
has first complied with the provisions of Paragraph 8.4.
8.4.The Consultant shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the project to the City, in a hard copy and electronic
format within fourteen (14) days from the date of the written notice of termination or the
date of expiration of this Agreement.
9. Insurance.
9.1.Consultant shall secure and maintain throughout the duration of this agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better
by A.M. Best and qualified to do business in the State of Florida. The insurance coverage
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shall be primary insurance with respect to the City, its officials, employees, agents, and
volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Consultant’s insurance and shall not contribute to the Consultant’s
insurance. The insurance coverages shall include at a minimum the amounts set forth in
this section and may be increased by the City as it deems necessary or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Consultant. The General Aggregate Liability limit
and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the Consultant shall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker’s
Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured (except with respect to Professional Liability
Insurance and Worker’s Compensation Insurance), no later than ten (10) days after award
of this Agreement and prior to the execution of this Agreement by City and prior to
commencing Services. Each certificate shall include no less than (30) thirty-day advance
written notice to City prior to cancellation, termination, or material alteration of said
policies or insurance. The Consultant shall be responsible for assuring that the insurance
certificates required by this Section remain in full force and effect for the duration of this
Agreement, including any extensions or renewals that may be granted by the City. The
Certificates of Insurance shall not only name the types of policy(ies) provided, but also
shall refer specifically to this Agreement and shall state that such insurance is as required
by this Agreement. The City reserves the right to inspect and return a certified copy of
such policies, upon written request by the City. If a policy is due to expire prior to the
completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days’ written notice shall
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be provided to the City before any policy or coverage is cancelled or restricted.
Acceptance of the Certificate(s) is subject to approval of the City.
9.3. Additional Insured. Except with respect to Professional Liability Insuranceand Worker’s
Compensation Insurance, the City is to be specifically included as an Additional Insured
for the liability of the City resulting from Services performed by or on behalf of the
Consultant in performance of this Agreement. The Consultant’s insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the City shall be in excess of and shall not contribute to the
Consultant’s insurance. The Consultant’s insurance shall contain a severability of interest
provision providing that, except with respect to the total limits of liability, the insurance
shall apply to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
9.4. Deductibles.All deductibles or self-insured retentions must be declared to and be
reasonably approved by the City. The Consultant shall be responsible for the payment of
any deductible or self-insured retentions in the event of any claim.
9.5.The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination.During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color, religion,
sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1.In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and all appellate levels.
11.2.IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1.Consultant shall indemnify and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Consultant’s performance or non-
performance of the Services and any provision of this Agreement, including, but not
limited to, liabilities arising from contracts between the Consultant and third parties made
pursuant to this Agreement. Consultant shall reimburse the City for all its expenses
including reasonable attorneys’ fees and costs incurred in and about the defense of any
such claim or investigation and for any judgment or damages arising from Consultant’s
performance or non-performance of this Agreement.
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12.2.Nothing herein is intended to serve as a waiver of sovereign immunity by the City
nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. The City is subject to
section 768.28, Florida Statutes, as may be amended from time to time.
12.3.The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives.Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties (or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1.This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2.No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1.Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the City which are conceived, developed or made by Consultant during the term of this
Agreement (“Work Product”) belong to the City. Consultant shall promptly disclose such
Work Product to the City and perform all actions reasonably requested by the City
(whether during or after the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
16.2.Consultant agrees to keep and maintain public records in Consultant’s possession
or control in connection with Consultant’s performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Consultant involving transactions related to this
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
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disclosed, except as authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records are transferred to the City.
16.3.Upon request from the City’s custodian of public records, Consultant shall provide
the Citywith 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 by Chapter 119,
Florida Statutes, or as otherwise provided by law.
16.4.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 this
Agreement are and shall remain the property of the City.
16.5.Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Consultant shall be delivered to
the City in a format that is compatible with the City’s information technology systems.
Once the public records have been delivered upon completion or termination of this
Agreement, the Consultant shall destroy any and all duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
16.6.Any compensation due to Consultant shall be withheld until all records are received
as provided herein.
16.7.Consultant’s failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8.Notice Pursuant to Section 119.0701(2)(a), Florida Statutes.IF THE
CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address:6130 Sunset Drive
South Miami, FL 33143
Telephone number:305-663-6340
Email:NPayne@southmiamifl.gov
17. Nonassignability.This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications and expertise of the Consultant, and such firm’s familiarity with the City’s area,
circumstances and desires.
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18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19. Independent Contractor.The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the City with respect to
all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws.The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions.Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees.The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. State Required Affidavits.By entering into this Agreement, the Consultant agrees to review
and comply with the following state affidavit requirements:
24.1.Public Entity Crimes Affidavit.Consultant shall comply with Section 287.133,
Florida Statutes (Public Entity Crimes Statute), notification of which is hereby
incorporated herein by reference, including execution of any required affidavit.
24.2.E-Verify Affidavit.In accordance with Section 448.095, Florida Statutes, the City
requires all contractors doing business with the City to register with and use the E-Verify
system to verify the work authorization status of all newly hired employees. The City will
not enter into a contract unless each party to the contract registers with and uses the E-
Verify system. The contracting entity must provide of its proof of enrollment in E-Verify.
For instructions on how to provide proof of the contracting entity’s
participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do-
i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into this
28
Page 9 of 10
Agreement, the Consultant acknowledges that it has read Section 448.095, Florida
Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida
Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors;
and has executed the required affidavit attached hereto and incorporated herein.
24.3.Noncoercive Conduct Affidavit. Pursuant to Section 787.06, Florida Statutes, a
nongovernmental entity executing, renewing, or extending a contract with a governmental
entity is required to provide an affidavit, signed by an officer or a representative of the
nongovernmental entity under penalty of perjury, attesting that the nongovernmental
entity does not use coercion for labor or services as defined in Section 787.06(2)(a),
Florida Statutes. By entering into this Agreement, the Consultant acknowledges that it has
read Section 787.06, Florida Statutes, and will comply with the requirements therein, and
has executed the required affidavit attached hereto and incorporated herein.
24.4.Prohibition on Contracting with Entities of Foreign Concern.Pursuant to
Section 287.138, Florida Statutes (which is expressly incorporated herein by reference), a
governmental entity may not knowingly enter into a contract with an entity which would
give access to an individual’s personal identifying information if (a) the entity is owned
by the government of a foreign country of concern; (b) the government of a foreign country
of concern has a controlling interest in the entity; or (c) the entity is organized under the
laws of or has its principal place of business in a foreign country of concern. By entering
into this Agreement, the Consultant acknowledges that it has read Section 287.138, Florida
Statutes, and complies with the requirements therein, and has executed the required
affidavit attached hereto and incorporated herein.
25. Counterparts.This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts.
26.1.This document, without exhibits or attachments, is the “Base Agreement.” In the
event of a conflict between the terms of the Base Agreement and any exhibits or
attachments hereto, the terms of the Base Agreement shall control.
26.2.In the event of a conflict between the terms of any exhibits or attachments hereto,
or any documents incorporated herein by reference, the conflict shall be resolved in the
following order of priorities and the more stringent criteria for performance of the Services
shall apply:
26.2.1. First Priority: This Base Agreement;
26.2.2. Second Priority: RFQ No. PL 2024-09
26.2.3. Third Priority: “Exhibit “A” Scope of Services
[Remainder of page intentionally left blank.
Signature page and Affidavits follow.]
29
Page 10 of 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year
as first stated above.
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
Attest:
By:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro “Chip” Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
MILLER, LEGG & ASSOCIATES, INC.
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
30
Contract No. XX-XX E-Verify Affidavit
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with
the City to register with and use the E-Verify system to verify the work authorization status of all newly
hired employees. The City will not enter into a contract unless each party to the contract registers with and
uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to
provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-
verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes
and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E-
Verify affidavits from subcontractors.
☐Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification:)
Did take an oath; or
Did not take an oath
31
Contract No. XX-XX Noncoercive Conduct for Labor or Services Affidavit
AFFIDAVIT ATTESTING TO
NONCOERCIVE CONDUCT FOR LABOR OR SERVICES
Effective July 1, 2024, Section 787.06, Florida Statutes, a nongovernmental entity executing, renewing, or
extending a contract with a governmental entity is required to provide an affidavit, signed by an officer or
a representative of the nongovernmental entity under penalty of perjury, attesting that the nongovernmental
entity does not use coercion for labor or services as defined in Section 787.06(2)(a), Florida Statutes.
By signing below, I hereby affirm under penalty of perjury that:
1. I have read Section 787.06, Florida Statutes, and understand that this affidavit is provided in compliance
with the requirement that, upon execution, renewal, or extension of a contract between a
nongovernmental entity and a governmental entity, the nongovernmental entity must attest to the
absence of coercion in labor or services.
2. I am an officer or representative of , a nongovernmental entity.
3.does not use coercion for labor or services as defined in the relevant
section of the law.
In the presence of: Under penalties of perjury, I declare that I
have read the foregoing and the facts stated in
it are true:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
OATH OR AFFIRMATION
State of Florida
County of
Sworn to (or affirmed) and subscribed before me by means of ☐physical presence or ☐online notarization,
this day of , 20 , by (name of
person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification:)
Did take an oath; or
Did not take an oath
32
Contract No. XX-XX Entities of Foreign Countries of Concern Affidavit
AFFIDAVIT REGARDING PROHIBITION ON CONTRACTING WITH
ENTITIES OF FOREIGN COUNTRIES OF CONCERN
Pursuant to Section 287.138, Florida Statutes (which is expressly incorporated herein by reference), a
governmental entity may not knowingly enter into a contract with an entity which would give access to an
individual’s personal identifying information if (a) the entity is owned by ethe government of a foreign
country of concern; (b) the government of a foreign country of concern has a controlling interest in the
entity; or (c) the entity is organized under the laws of or has its principal place of business in a foreign
country of concern.
This affidavit must be completed by an officer or representative of an entity submitting a bid, proposal, or
reply to, or entering into, renewing, or extending, a contract with a governmental entity which would grant
the entity access to an individual’s personal identifying information.
1.(“entity”) does not meet any of
the criteria in paragraphs (2)(a)-(c) of Section 287.138, F.S.
In the presence of: Under penalties of perjury, I declare that I
have read the foregoing and the facts stated in
it are true:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
OATH OR AFFIRMATION
State of Florida
County of
Sworn to (or affirmed) and subscribed before me by means of ☐physical presence or ☐online notarization,
this day of , 20 , by (name of
person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification:)
Did take an oath; or
Did not take an oath
33
EXHIBIT “A”
SCOPE OF SERVICES
Contract No. XX-XX Exhibit “A”
34
Member Name City of South Miami
Bid Number RFQ-RFQ No. PL2024-09-0-2024/SK
Bid Name LANDSCAPING MASTER PLAN SERVICES
35 Planholder(s) found
776 NOTIFIED
SupplierName FullNameEmail Address1 City State Postal
Declared
Attributes
AECOM Technical Services, Inc.Ann Rhodesann.rhodes@aecom.com1625 Summit Lake Drive Tallahassee FL 32317
ARAZOZA BROTHERS CORP Vanessa Ygualada- Riveravygualada@arazozabrothers.com7027 SW 87th Ct Miami FL 33173
Hispanic
Owned
Bermello Ajamil & Partners, Inc. (Miami)Tere Garciamarketing@bermelloajamil.com4711 South LeJeune Coral Gables FL 33147
Calvin, Giordano & Associates, Inc.Jessica Koehlerprocurement@cgasolutions.com1800 Eller Drive Suite 600 Fort Lauderdale FL 33316
Chen Moore and Associates Leigh Barronlbarron@chenmoore.com500 West Cypress Creek Road Fort Lauderdale FL 33309
Christie Design Studios Sharon Christiechristiedesign67@gmail.com11267 SW 45 COURT Miramar FL 33025
African
American
Owned,
Coco Tree Service, Corp JOSUE ALVARADOCOCO@COCOTREESERVICE.COM3201 NW 24st, Rd, Suite 211 Miami FL 33142
Cotleur & Hearing Donna Cesarodcesaro@cotleur-hearing.com113 Elsa Road Jupiter FL 33458
Curtis + Rogers Design Studio, Inc.Aida Curtisaida@curtisrogers.com7520 S. Red Road Coconut Grove FL 33143
Hispanic
Owned,
Woman
DeAngelo Contracting Services, LLC Troy Hartmanresearch@deangelocontractingservices.com100 N Conahan Drive Hazleton PA 18201
Deep South Land Development LLC Katie PiercyDeepsouthlanddevelopment@gmail.com187 Brian Setterich Rd Wewahitchka FL 32465
Dodge Data Bonny Mangolddodge.docs@construction.com4300 Beltway Place, Ste 150 Arlington TX 76018
DreamCrop Productions Dayro DelgadoDreamcropproductions@gmail.com16064 sw 138 pl Miami FL 33177
EDWARD THOMPSON LAWN CARE EDWARD THOMPSONTHOMPSONTHOMPSON5541@GMAIL.COM10880 SW 188TH STREET HOMESTEAD FL 33177
African
American
Owned, Small
General Mow Alexa Gonzalezalexa.generalmow@gmail.com15021 Egan Lane Miami Lakes FL 33014
Guyvana-W Construction Group Inc.Rodney Williamsrodneyjr@guyvanaw.com513 nw 22 ave Fort Lauderdale FL 33311
KCI Technologies, Inc.Deborah Boyddeborah.boyd@kci.com936 Ridgebrook Road Sparks MD 21152
Keith and Associates, Inc.Dodie Keith-Lazowickmarketing@keithteam.com301 East Atlantic Boulevard Pompano Beach FL 33060
Kimley-Horn and Associates, Inc.Erin AthasFlorida.marketing@kimley-horn.com1005 Nancy Circle Orlando FL 32708
LandDesign Deborah Millerdmiller@landdesign.comPO Box 36959 Charlotte NC 28236
LANDSCAPE DE Douglas Thompsondouglas@landscapede.com937 Sunset Road SOUTH MIAMI FL 33143
Miller Legg Cara Pasqualecpasquale@millerlegg.com
13680 NW 5th Street, Suite
200 Fort Lauderdale FL 33325
NC-office Elizabeth Cardonaec@nc-office.com111 E Flagler St 205 Miami FL 33131
Woman
Owned
One More Designs LLC Francisco Villegasfjvillegasjr@onemoredb.com5916 sw 82 st Miami FL 33143
Onvia, Inc. - Content Department Content Source Managementsourcingsupport@deltek.com509 Olive Way, Suite 400 Seattle WA 98101
Pennoni Associates Inc.Robert McGeermcgee@pennoni.com1900 Market Street Philadelphia PA 19103
savino &miller Design Studio Adriana Savinoadriana@savinomiller.com12345 NE 6th Ave Miami Beach FL 33161
Hispanic
Owned, Small
Business,
SGM Engineering, Inc.Bobby Shahnamibobby@sgmengineering.com935 Lake Baldwin Lane Orlando FL 32814
Asian/Hawaii
an Owned,
Small
Shermez Logistics LLC Sherrie GomezSherrie@shermezlogistics.com24841 SW 120th PL Homestead FL 33032
African
American
Owned,
Superior Landscaping & Lawn Service,
Inc.Jessy Oterojotero@superiorlandscaping.com2200 NW 23 Avenue Miami FL 33142
SupremeRoofing&Construction Inc Deric Smithsupremeroofingsvc@hotmail.com2600 NW 155 terr Miami FL 33054
African
American
Owned
Urban Robot Associates Bryan McNeilbryan@urbanrobot.net420 Lincoln Rd.Miami Beach FL 33139
Wade Trim, Inc.Carolina Pachanocpachano@wadetrim.com1 Tampa City Center Tampa FL 33602
Weston & Sampson Engineers Inc.Jeff Wilsonwilsonj@wseinc.com
1520 Royal Palm Square
Boulevard - Suite 260 Ft Myers FL 33919
WGI, Inc.Sima Narcussima.narcus@wginc.com14281 Key Lime Boulevard West Palm BeachFL 33470
2 Document(s) found for this bid
35
CITY OF SOUTH MIAMI
REQUEST FOR QUALIFICATIONS (RFQ) No. PL2024-09
LANDSCAPING MASTER PLAN SERVICES
City of South Miami Commission
Mayor Javier Fernández
Commissioner Lisa Bonich
Commissioner Steve Calle
Commissioner Josh Liebman
Commissioner Brian Corey
City of South Miami City Hall
6130 Sunset Drive
South Miami, Florida 33143
ISSUE DATE: June 18, 2024
SUBMITTAL DUE DATE: July 24, 2024
SUBMITTAL DUE TIME: 10:00 AM
RESPONSE OPENING DATE: July 24, 2024
RESPONSE OPENING TIME: 10:30 A.M.
1 of 151 36
PUBLIC NOTICE
REQUEST FOR QUALIFICATIONS RFP No. PL2024-09
LANDSCAPING MASTER PLAN
NOTICE IS HEREBY GIVEN that, Pursuant to Florida Statutes §287.055, the Consultants’ Competitive
Negotiation Act (“CCNA”), the City of South Miami (“City”) is soliciting responses from interested and
qualified companies, firms, and individuals OR landscape architects (“Respondents”) for “Landscaping
Master Plan Services “Project.” Interested Respondents may obtain a copy of Request for Qualifications
RFQ No. PL2024-09 (the “RFQ”) to be issued on June 18, 2024, at City Hall (6130 Sunset Drive, South
Miami, FL 33143), on the City’s website at www.southmiamifl.gov, or on DemandStar at
https://network.demandstar.com/. The RFQ contains detailed information about the Scope of Services,
submission requirements, and selection procedures. The Successful Respondent shall be selected in
accordance with the Consultants’ Competitive Negotiation Act (CCNA).
All notices and any addenda issued by the City with respect to the RFQ will be made available on the City’s
website and Demand Star. It is the Respondent’s sole responsibility to ensure receipt of any issued notice
or addenda relating to this RFQ once posted to the website. The response submission shall be submitted
electronically via DemandStar and marked “Response to City of South Miami, RFQ No. PL2024-09 for
“Landscaping Master Plan Services Project.”
The City will only accept response submissions electronically through the DemandStar Electronic
Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/
Responses must be received by the City by no later than 10:00 AM July 24, 2024 Any response
submission received after this time and date will be rejected and returned unopened. Respondents are
responsible for ensuring that their response is received in the City by the deadline.
Responses will be publicly opened through video conferencing using the Zoom platform on July 24, 2024
at 10:30 AM, local time. Members of the public are invited to view the response opening meeting through
Zoom at https://zoom.us/j/3056636339 or by listening to the response opening meeting on a dedicated
phone line by dialing +1-786-635-1003 Meeting ID: 3056636339.
The City hereby provides notice to all Respondents of the imposition of a Cone of Silence for this
solicitation, as set forth in Section 8A-7 of the City Code. “Cone of Silence," as used herein, means a
prohibition on communication regarding a competitive solicitation such as a request for proposal, request
for qualification, request for information or request/invitation for bid b etween a potential vendor, service
provider, proposer or Respondent, or agent, representative, lobbyist or consultant for the p otential
Respondent; and (i) members of the City commission; (ii) the City's professional staff; or (iii) any
member of the City's selection, evaluation or negotiation committee. Please contact the City Clerk and/or
City Attorney with any questions on the Cone of Silence.
Date Issued: June 18, 2024
2 of 151 37
TABLE OF CONTENTS
Section Page
Section 1: Information for Respondents 4
Section 2: Terms and Conditions 13
Section 3. Scope of Services 17
Section 4: Response Form Package and Attachments 19
3 of 151 38
SECTION 1.
INFORMATION FOR RESPONDENTS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the “City”) is soliciting responses (“Responses”) from interested and
qualified companies, firms, and individuals OR landscape architects (“Respondents”) for “Landscaping
Master Plan Services “Project” as set forth in greater detail in Section 3 of this Request for Qualifications
(“RFQ”).
1.2. SCHEDULE OF EVENTS.
The following schedule is anticipated for this RFQ process, but is subject to change by the City, in its sole
discretion, at any time during the RFQ procurement process.
No. Event Date* Time*
(EST)
1 Advertisement/Distribution of RFQ June 18, 2024 10:00 AM
2 Non-Mandatory Pre-Proposal Meeting NONE
SCHEDULED
Deadline to Submit Questions / Requests for
Clarification July 10, 2024 10:00 AM
3 City Issues Addenda and Responds to Questions July 17, 2024 10:00 AM
4 Deadline to Submit Responses – Submission Deadline July 24, 2024 10:00 AM
5
E-BID OPENING VIA VIDEO CONFERENCING VIA
THE ZOOM PLATFORM at
https://zoom.us/j/3056636339 ,or listen to the meeting on a
dedicated phone line by dialing +1-786-635-1003 Meeting
ID: 3056636339.
July 24, 2024 10:30 AM
6 Initial City Staff Review of Response Submissions July 26, 2024 10:00 AM
7 Evaluation Selection Committee Review August 8, 2024 TBD
8 Oral Presentations Before Evaluation Selection Committee
(if requested) TBD
9 Selection of Successful Respondent and Negotiation by
City Manager August 28, 2024 TBD
10 Award Agreement(s) at City Commission Meeting September 3, 2024 7:00 PM
4 of 151 39
1.3. RESPONSE DUE DATE.
Sealed Responses must be submitted electronically through the DemandStar Electronic Bid System at
https://network.demandstar.com/. All sealed responses must be received by 10:00 AM E.S.T. on July 24,
2024 (the “Submission Deadline”). Sealed responses will be publicly opened through video conferencing
using the Zoom platform. Members of the public are invited to view the response opening meeting through
Zoom at https://zoom.us/j/3056636339 or by listening to the response opening meeting on a dedicated
phone line by dialing +1-786-635-1003 Meeting ID: 3056636339.
1.4. PRE-SOLICITATION CONFERENCE AND SITE(S) VISIT.
A pre-solicitation conference, will NOT be scheduled for this RFQ. Prior to submitting a Response, each
Respondent should visit the site and become familiar with the conditions that may, in any manner, affect
the Services to be performed by the awarded contractor or the equipment, materials and labor required. The
Respondent is also required to examine carefully the Scope of Services set forth in Section 3 of this RFQ
and be thoroughly informed regarding any requirements or conditions that may in any manner affect the
Services to be performed under the Agreement. No allowances will be made because of lack of knowledge
of any conditions or requirements.
1.5. ADDENDA, CHANGES, OR REQUESTS FOR INTERPRETATION DURING
PROCUREMENT PROCESS.
The City will not respond to oral inquiries or questions concerning this RFQ. All written inquiries, requests
for interpretation or clarification shall be sent to:
Steven P. Kulick
City of South Miami Chief Procurement Officer
6130 Sunset Drive
City of South Miami, FL 33143
E-Mail: skulick@southmiamifl.gov
Facsimile: (305)669-2636
Any written inquiry or request for interpretation or clarification must be sent by e-mail or written
correspondence and received by the City no later than July 10, 2024 at 10:00 AM.
All such interpretations or clarifications will be made in writing in the form of an Addendum to this RFQ
issued by the City to all known and/or registered prospective Respondents. Each prospective Respondent
shall acknowledge receipt of such Addenda by including it in the Response Form. All Addenda shall be a
part of this RFQ and a part of the Agreement and each Respondent will be bound by such Addenda, whether
or not received. It is the responsibility of each prospective Respondent to verify that it has received all
Addenda issued before Responses are submitted and opened.
1.6. SUBMISSION OF RESPONSE.
Sealed Responses must submitted electronically through the DemandStar Electronic Bid System at
https://network.demandstar.com/ by the Submission Deadline and must be marked as “Response to City of
South Miami, RFQ No. PL2024-09 for “LANDSCAPING MASTER PLAN SERVICES PROJECT”
and addressed to:
Steven P. Kulick
City of South Miami Chief Procurement Officer
6130 Sunset Drive
City of South Miami, FL 33143
E-Mail: skulick@southmiamifl.gov
5 of 151 40
THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A RESPONSE TO THE CITY ON OR
BEFORE THE SUBMISSION DEADLINE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF
THE RESPONDENT. THE CITY IS NOT RESPONSIBLE FOR ANY DELAYS THAT MAY OCCUR
DURING THE SUBMISSION OF RESPONSES. ANY RESPONSE RECEIVED AFTER THE
SUBMISSION DEADLINE STATED IN THIS RFQ WILL NOT BE OPENED AND WILL NOT BE
CONSIDERED. FACSIMILE AND EMAILED RESPONSES SHALL NOT BE CONSIDERED.
The Response must be signed by an authorized officer of the Respondent who is legally authorized to bind
the Respondent and enter into a contractual relationship in the name of the Respondent. The submittal of
a Response by a Respondent will be considered by the City as constituting an offer by the Respondent to
perform the required Services upon terms, requirements, and conditions contained herein.
The City will only receive submittals electronically through the DemandStar Electronic Bid System
(E-Bidding). To register as a business, go to https://network.demandstar.com/
Responses will be publicly opened through video conferencing using the Zoom platform at 10:30 AM,
local time. Members of the public are invited to view the response opening meeting through Zoom
at https://zoom.us/j/3056636339 or by listening to the response opening meeting on a dedicated phone
line by dialing +1-786-635-1003 Meeting ID: 3056636339.
Responses shall be typed or printed in ink. All blanks on the Response form(s) must be completed. Names
must be typed or printed below the signature. Responses submitted by hand-delivery, facsimile and/or
email will not be accepted.
Only one (1) Response from any individual, firm, partnership, or corporation, under the same or different
names, will be considered. If the City determines that any Respondent has interest in more than one (1)
Response for Services contemplated, all Response in which such a Respondent is interested will be rejected.
Respondent by submitting this Response certifies that this Response is made without previous
understanding, contract, or connection with any person, firm or corporation making a Response for the
same material, supplies, equipment or services and is in all respects, fair and without collusion of fraud.
1.7. RESPONSE REQUIREMENTS AND FORMAT.
Each Respondent must present its products, services, and applicable features in a clear and concise manner
that demonstrates the Respondent’s capabilities to satisfy the requirements of this RFQ. Emphasis should
be on accuracy, clarity, comprehensiveness and ease of identifying pertinent information, and suitability of
the Respondent for the provision of the Services. Responses MUST include the following:
1.7.1. Cover Page. Each Response submitted shall have a cover page with the Respondent’s business
name, address, and telephone number; name and all contact information for the individual that
will serve as the Project Manager (PM); the date and subject “Proposal for RFQ No. PL2024-
09 for “Landscaping Master Plan Services Project.”
1.7.2. Table of Contents. A Table of Contents that outlines in sequential order the major areas of the
Response, including enclosures. All pages must be consecutively numbered and correspond to
the Table of Contents and shall be in the order required by this RFQ.
1.7.3. Letter of Intent. A Letter of Intent shall be provided that briefly introduces the Respondent,
the Respondent’s commitment to the City; an understanding of the Services to be performed,
local conditions, and the City’s goals and objectives; the Respondent’s approach and
philosophy in implementing the Services; and such other aspects of the Response. The Letter
of Intent must be single-spaced, 12-point font, and shall not exceed three (3) pages in length.
1.7.4. Response Form Package. Respondent shall provide complete and accurate copies, with all
required signatures and notarizations, for all the forms in the Response Package:
6 of 151 41
Form 1. Response Form Package Acknowledgement.
Form 2A. Respondent’s Certification (if Company or Corporation)
Form 2B. Respondent’s Certification (if Partnership)
Form 3. Single Execution Affidavits
Form 4. Dispute Disclosure
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility
Matters Primary Covered Transactions
Form 6. Respondent’s Qualifications Survey
Form 7. Key Staff and Proposed Subcontractors
Form 8. Reference List
1.7.5. Respondent's Qualifications. Respondents must complete and submit Form 2,
Respondent’s Certification, Form 6, Respondent’s Qualifications Survey, and Form 8,
Reference List. Additionally, Respondent must demonstrate compliance with the following
minimum requirements:
1.7.5.1. Service and Incorporation. Contractor shall have been in business and
continuous operation and service and incorporated in the State of Florida for a
minimum of five (5) years.
1.7.5.2. Licenses. Licensed to conduct business in the State of Florida as a Landscape
Architect. Respondents must also furnish proof of any and all other applicable and
required licenses, certifications and permits to perform the Services, including
government licenses, certifications, and permits from the State of Florida, Miami-
Dade County, the City, and any other governing governmental regulatory authorities.
1.7.6. Proof of Experience. Provide documentation evidencing the experience of the Respondent
and demonstrating that the Respondent has successfully provided Services similar to those
specified herein to other firms and/or agencies of similar size and needs as the City, including,
but not limited to, professional experience in all of the following areas of expertise:
1.7.6.1. Landscape architecture
1.7.6.2. Zoning
The Respondent firm shall be currently engaged in the provision of the Services on a full time
basis and shall have been in existence and providing the Services for a minimum of ten (10)
years, with a special preference for experience providing the Services in the State of Florida
and especially South Florida. At least five (5) years of the Respondent firm’s experience shall
be under its current business name.
1.7.7. Key Staff Qualifications. The Respondent must include the following information for this
requirement:
1.7.7.1. Complete and submit Form 7, Key Staff and Proposed Subcontractors, which must
include, at a minimum:
1.7.7.1.1. Landscape Architect Certified and Licensed in the State of Florida
Key Staff and Proposed Subcontractors must meet the requirements outlined under Section 3,
“Scope of Services, Specifications, and Requirements,” including the requisite years of
experience required for each role. The multiple roles outlined above may be filled by the same
individual and/or subcontractor, Organizational Chart showing the reporting structure for all Key
Staff, including any key subcontractors.
1.7.7.2. Include a one-page resume for each person or subcontractor listed in Form 7, Key
Staff and Proposed Subcontractors. Resumes should include experience with similar
projects, specifying the role the individual employee or subcontractor served on the
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project, including information indicating their relative involvement on the task and
relative involvement for each project.
1.7.8. Previous Projects. Respondent should demonstrate proof of completion for at least three (3)
previously completed or ongoing community planning and urban design projects within the
past five (5) years, as identified in the list of recent contracts provided under Form 6.
1.7.9. Insurance Certificates. Respondent shall provide certificates of insurance demonstrating
compliance with the requirements set forth under Section 2 of this solicitation, including:
1.7.9.1. Commercial General Liability
1.7.9.2. Workers Compensation & Employer’s Liability
1.7.9.3. Business Automobile Liability
THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL
COVERAGE IF DEEMED NECESSARY.
1.7.10. Special Consideration. Proposer may provide any additional information that highlights
experience or expertise, which is relevant and directly applicable to this RFQ. Not to exceed
three (3) pages in 12 point font and single-spaced. Excess pages will be removed prior to
submission to the Evaluation Selection Committee.
1.8. EVALUATION CRITERIA.
Responses will be evaluated according to the following criteria and respective weight:
Evaluation Criteria Maximum Points
Respondent’s Qualifications and Key Staff’s Experience
To include years of experience, ability, capacity and skill of firm(s),
and adequacy of personnel to perform, including timeliness, stability
and availability and licenses. Special consideration should be given to
governmental experience in providing the Services; and the
Professional credentials, qualifications, and accomplishments of the
proposed team members and Key Staff to be used for City’s Services.
25 points
Understanding of the Project Scope and Objectives
20 points
Quality and Feasibility of the Proposed Approach and
Methodology
25 Points
Previous Projects & Client References
Experience and background in providing similar governmental
services and past performance, including but not limited to, familiarity
with local, state, and federal regulatory agencies procedures and
requirements.
25 points
Community Engagement Strategy
5 points
TOTAL MAXIMUM POINTS 100 points
1.9. SELECTION PROCESS.
The City shall evaluate responses received by the submission deadline in accordance with the
evaluation procedures outlined below.
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1.9.1. Phase I – Staff Level Review for Compliance with Minimum Requirements.
A member of City Staff shall review and evaluate the Responses submitted to ensure the minimum
requirements of the RFQ have been met. The City Manager or designee may reject those Responses that do
not meet the minimum requirements of the RFQ.
1.9.2. Phase II. Evaluation Selection Committee Review.
The City Manager will appoint an Evaluation Selection Committee (“Committee”) to review and
evaluate the responsive Responses during a public meeting (the City will provide instructions on how to
participate and access the meeting). The Committee shall select in order of preference and rank the firm(s)
it deems to be qualified to perform the required services using the evaluation criteria set forth above. The
highest ranked three (3) Respondents will be short-listed and may be called for oral presentations
before the Committee as further detailed under Section 1.9.3 herein. The City reserves the right to
short-list additional Respondents for oral presentations before the Committee.
The Committee reserves the right to request additional information or seek clarifications as it deems
necessary. Failure to comply with any mandatory requirements may disqualify a response. The Committee
reserves the right to conduct additional interviews or require presentations prior to finally ranking the
Respondents.
1.9.3. Phase III. Oral Presentations (if Required by Committee).
The Committee may call the short-listed Respondents for oral presentations before the Committee
regarding their Proposal, approach to the Services, and ability to furnish the required Services. All short-
listed Respondents and subconsultants in their teams shall be present at the assigned time for a 20-minute
presentation followed by up to a 10-minute question-and-answer session. The Respondents are
encouraged to be represented only by the Project Manager and the staff identified in the Response.
Additional details on the oral presentations may be provided to the short-listed Respondents.
If oral presentations are requested by the Committee, the oral presentation will be worth a maximum of 25
additional points, which shall be added to the Committee’s Phase II evaluation scoring. The City will
notify the Respondents where the oral presentations, if any, will be conducted and whether the Respondents
may appear virtually or must appear in-person. The Committee shall rank the Respondents and provide its
written recommendations to the City Manager. Should the Committee’s evaluation process result in a tie
in the rankings, the tie will be resolved in favor of the Respondent with the greatest number of years in
existence providing the Services.
1.9.4. Phase IV. Selection and Negotiation of Contract.
After the Committee short-lists the top-three Respondents deemed to be responsible and qualified
to perform the required services, the City Manager will select the top-ranked Respondent and proceed to
negotiate a Contract with the selected Respondent in accordance with Section 287.055, Florida Statutes, as
may be amended from time to time. The City Manager or designee(s) shall negotiate the Contract at
compensation that the City Manager or designee(s), in his/her sole discretion, determines is fair,
competitive, and reasonable, and which incorporates the major terms and conditions contained in this RFQ.
Should the City Manager be unable to negotiate a satisfactory contract with the selected Respondent
at a price the City Manager determines to be fair, competitive, and reasonable, and which incorporates the
major terms and conditions contained in the RFQ, negotiations with that Respondent may be terminated.
The City Manager or designee(s) shall then undertake negotiations with the next highest -ranked
Respondent, and, if negotiations are terminated, shall continue to each next highest -ranked Respondent
until a satisfactory contract may be negotiated. The City Commission shall have the final authority to select
the Respondent(s) and award any Contract(s).
Notwithstanding the foregoing, and at the City Manager’s sole discretion, reserves the right to
present a recommendation to the City Commission together with the Committee’s rankings and
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recommendations for selection of a Respondent. In such event, the City Commission may select the
Respondent(s) that it determines is the most qualified, taking into consideration the City Manager’s
recommendation, the Committee’s recommendation, and all aspects of the Respondent’s Response, and
authorize the City Manager to negotiate a Contract with the selected Respondent(s).
1.9.5. Phase V. City Commission Meeting to Approve Contract with Respondent.
Upon reaching mutually agreeable terms with the selected Respondent(s), the Contract negotiated
with the selected Respondent shall be presented to the City Commission for final approval together with
the recommendation of the Committee and the City Manager. The City Commission shall have the final
authority to select the Respondent(s) and award any Contract(s). Any award shall be subject to execution
of the Contract.
Neither this RFQ, nor the notice of award of the Agreement(s) constitutes an agreement or contract
with the Successful Respondent(s). An agreement or contract is not binding until a written agreement or
contract, in substantially the form attached hereto as Attachment “A,” has been executed by the City and
the Successful Respondent(s) and approved as to form, content, and legal sufficiency by the City Manager
and City Attorney.
1.10. CITY’S RIGHTS; WAIVER OF IRREGULARITIES.
The City reserves the right to reject any or all responses which is in any way incomplete or irregular, re-
issue the entire solicitation, or enter into contracts with more than one Contractor for parts of the Services.
The City reserves the right to accept or reject any and/or all Responses or parts of Response, to workshop
or negotiate any and all Response, to select and award Respondent(s) for all or any of the Services, waive
irregularities in Response, to cancel or discontinue this Request for Qualifications process, and to re-issue
a competitive solicitation for the required Work or Services. The City Commission shall make the final
determination and award of a contractor to the Successful Respondent(s).
All materials submitted in response to this Request for Qualifications become the property of the City and
will be returned only at the option of the City. The City has the right to use any or all ideas presented in
any Response or responses to the RFQ, whether amended or not, and selection or rejection of Response
does not affect this right.
1.11. CODE OF ETHICS PROVISIONS.
1.11.1. Cone of Silence.
The provisions of City’s Cone of Silence are applicable to this RFQ. The City’s Cone of Silence provisions
can be found under Section 8A-7 of the City Code of Ordinances. Questions regarding the Cone of Silence
may be sent to:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
The Cone of Silence as used herein means a prohibition of any communication regarding a competitive
solicitation such as a request for proposal, request for qualification, request for information or
invitation/request for bid, between a potential vendor, service provider, proposer or Respondent (hereinafter
referred to as the "potential Respondent"), or agent, representative, lobbyist or Respondent for the potential
Respondent; (hereinafter referred to as the "Respondent's representative"); and
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(i) Members of the City Commission; or
(ii) City's professional staff; or
(iii) Any member of the City's selection, evaluation or negotiation committee.
The provisions of the Cone of Silence shall not apply to:
(i) Communications at a duly noticed pre-bid conferences or at any duly noticed public selection
or negotiation committee meeting or duly noticed public City commission meeting at which
the City Manager has placed the subject of the solicitation on the agenda;
(ii) Communication regarding the solicitation at recorded contract negotiations, recorded oral
presentation or recorded oral question and answer session and recorded contract negotiation
strategy sessions in compliance with the exemption in F.S. § 286.0113;
(iii) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the selection or negotiation committee meetings;
(iv) Written communication at any time with any City professional staff (not including selection,
evaluation or negotiation committee members), unless specifically prohibited by the applicable
competitive solicitation documents. This section shall not be construed to prevent written
communication between City professional staff and any City selection, evaluation or
negotiation committee. A copy of any written communication made during the cone of silence
shall be contemporaneously filed with the City clerk by the potential Respondent or
Respondent's representative. The City clerk shall make copies available to any person upon
request;
(v) Communication that is strictly limited to matters of those processes or procedures that are
contained in the corresponding solicitation document and which communication is between
any person and the City's purchasing agent or the City employee who is designated as being
responsible for administering the procurement process for such solicitation;
(vi) Communications with the City attorney and his or her staff;
(vii) Communications during any duly noticed site visits to determine the competency and
responsibleness of Respondents regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(viii) Any emergency procurement of goods or services pursuant to City code;
(ix) Responses to a request made by the City's purchasing agent, or the City employee who is
designated as being responsible for administering the procurement process for such solicitation,
for clarification or additional information;
(x) Communications prior to bid opening between City's professional staff and potential
Respondents and/or Respondent's representatives to enable City staff to seek and obtain
industry comment or perform market research, provided all communications related thereto
between a potential Respondents and/or Respondent's representatives and any member of the
City's professional staff including, but not limited to the City Manager and his or her staff, are
in writing or are made at a duly noticed public meeting.
1.11.2. Lobbying Prohibited. All potential Respondents and their agents who intend to submit, or
who submitted, a bid or response to this solicitation, are prohibited from lobbying,
individually or collectively, any City Commissioner, candidate for City Commissioner, or
any employee of the City in connection with this solicitation.
The term "Lobbyist" means all persons (including officers and managers of a legal entity),
firms, or legal entities such as a corporation, partnership or limited liability company,
employed or retained by a principal (including an officer of the principal or an employee of
the principal whose duties include marketing, or soliciting business, for the principal) who
seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action
or decision of the City Commission; (2) any action, decision, recommendation of the City
Manager or any City board or committee; or (3) any action, decision or recommendation of
City personnel during the time period of the entire decision-making process on such action,
decision or recommendation which foreseeably will be heard or reviewed by the City
Commission, or a City board or committee.
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Contact may only be made through regularly scheduled Commission meetings, or meetings
scheduled through the Procurement Division, which is for the purpose of obtaining additional
or clarifying information or as otherwise provided for in the City’s Cone of Silence. Any
presentation before a selection committee is considered to be lobbying; however, the
presentation team may avoid formal registration by complying with section 8A-5(c)(9), of
the City Code of Ordinances and completing Attachment B to this RFQ. Any person who
submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or
her employer is considered to be a lobbyist and must register. An officer or manager of a
legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be
a lobbyist. All Respondents are strongly encouraged to review Section 8A-5 of the City Code
of Ordinances for further information.
To register as a lobbyist, please contact the City Clerk at:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
END OF SECTION 1
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SECTION 2.
TERMS AND CONDITIONS
2.1. PURPOSE OF PROPOSAL.
The Town intends to award a contract to a qualified firm for the provision of “Landscaping
Master Plan Services Project.” All Responses submitted in response to this RFQ and any
Agreement(s) awarded to the Successful Respondent(s) must conform to the following terms and
conditions.
2.2. EQUIPMENT.
Any equipment or products used by Respondent to provide the Services pursuant to this RFQ shall remain
the property of the Respondent. In the event equipment or products used by the Respondent are found to
be defective, of unsatisfactory quality, or do not conform to the requirements of this RFQ or the
Specifications, the City reserves the right to reject the equipment or product(s), at the Contractor’s expense.
2.3. SOLICITATION RESPONSE COSTS.
Respondents submitting a response to this RFQ do so entirely at their own cost and expense. There is no
expressed or implied obligation by the City to reimburse any individual or firm for any costs or expenses
incurred in preparing or submitting a response, providing additional information when requested by the
City, or for participating in any selection interviews.
2.4. LICENSES AND PERMITS.
Respondent shall secure any and all necessary and required licenses, certifications and permits to conduct
the Services, including, but not limited to, all Federal, State, County and City licenses and permits. All
Respondents must provide the necessary documentation to demonstrate that they meet all applicable
licensing and permitting requirements.
By submitting a Response to this RFQ, Respondent represents and warrants to the City that it holds all
licenses, certifications and permits (“Licenses”) required by applicable law and by any other governmental
authority or agency to perform the Services. Respondent represents and warrants to the City that the
Licenses shall be in full force and effect on the date of performance of the Services and further represents
that it holds and will hold all Licenses throughout the term of the Agreement. Respondent shall provide the
City with copies of all Licenses and any additional permits that may be required for performance of the
Services with its response and during the term of the Agreement.
Where the Respondent is required to enter onto City property, public rights-of-way or other property to
deliver equipment or to perform the Services as a result of a Response award, the Respondent will assume
the full duty, obligation and expense of obtaining all necessary approvals, licenses, permits, inspections and
insurance required. The Respondent shall be liable for any damages or loss to the City property, or other
property or persons, occasioned by the acts or omissions, or the negligence of the Respondent (or their
agent) or any person the Respondent has designated in the performance of the Services, as a result of the
RFQ.
2.5. INSURANCE.
2.5.1. If selected, the Respondent shall secure and maintain throughout the duration of the awarded
contract insurance of such types and in such amounts not less than those specified below as
satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated
A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance
coverage shall be primary insurance with respect to the City, its officials, employees, agents
and volunteers naming the City as additional insured. Any insurance maintained by the City
13 of 151 48
shall be in excess of the Respondent’s insurance and shall not contribute to the Respondent’s
insurance. The insurance coverages shall include at a minimum the amounts set forth in this
section and may be increased by the City as it deems necessary or prudent. Copies of
Respondent’s actual Insurance Policies as required herein and Certificates of Insurance shall
be provided to the City, reflecting the City as an Additional Insured. Each Policy and
certificate shall include no less than (30) thirty-day advance written notice to City prior to
cancellation, termination, or material alteration of said policies or insurance. All coverage
forms must be primary and non-contributory and the Respondent shall provide a waiver of
subrogation for the benefit of the City. The Respondent shall be responsible for assuring that
the insurance policies and certificates required by this Section remain in full force and effect
for the duration of the Services.
2.5.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and Product
Liability coverages and eliminate the exclusion with respect to property under the care,
custody and control of Respondent. The General Aggregate Liability limit and the
Products/Completed Operations Liability Aggregate limit shall be in the amount of
$2,000,000 each.
2.5.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontactor or agent of the Respondent shall be allowed
to provide Work pursuant to this RFQ who is not covered by Worker’s Compensation
insurance.
2.5.1.3. Business Automobile Liability with minimum limits of $1,000,000.00 per
Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage
must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance
Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
2.5.2. The Respondent agrees to indemnify, defend and hold harmless the City from and against any
and all claims, suits, judgments, losses, damages, executions and/or liabilities as to bodily
injuries and/or property damage which arise or grow out of the Agreement or Respondent’s
performance of the Services required by this RFQ.
2.5.3. The Respondent shall also, upon request by the City, provide copies of all official receipts
and endorsements as verification of Respondent's timely payment of each insurance policy
premium as required by the Agreement.
2.5.4. THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL
COVERAGE IF DEEMED NECESSARY.
2.6. COMPLIANCE WITH LAW AND OTHER REQUIREMENTS.
Respondent shall conduct its operations in compliance with all applicable federal, State, County and City
laws and regulations in providing the Services required by this RFQ.
2.7. ASSIGNMENT.
The Respondent shall not transfer or assign the performance of the Services required by this RFQ and the
Agreement without the City’s prior written consent. Any award issued pursuant to this RFQ and monies
which may be payable by the City, are not assignable except with the City’s prior written approval.
2.8. ATTORNEY’S FEES.
If the City incurs any expense in enforcing the terms of the Agreement, whether suit be brought or not,
Respondent agrees to pay all such costs and expenses including, but not limited to, court costs, interest and
reasonable attorney’s fees.
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2.9. RESPONDENT’S RELATION TO THE CITY.
It is expressly agreed and understood that the Successful Respondent will be in all respects an independent
contractor as to all Services hereunder, and that the Successful Respondent will not be in any respect an
agent, servant or employee of the City. This RFQ specifies the Services to be performed by the Successful
Respondent, but the method to be employed to accomplish the Services shall be the responsibility of the
Successful Respondent, unless otherwise provided in the Agreement or by the City.
2.10. DISCRIMINATORY PRACTICES.
The Respondent shall not discriminate or deny service, deny access, or deny employment to any person on
the basis of race, color, creed, sex, sexual orientation, religion or national origin. The Respondent will
strictly adhere to the equal employment opportunity requirements and any applicable requirements
established by the State of Florida or the Federal Government.
2.11. CANCELLATION.
Failure on the part of the Respondent to comply with the conditions, specifications, requirements and terms
as determined by the City, shall be just cause for cancellation of the award, with the Respondent holding
the City harmless.
2.12. INDEMNIFICATION.
The Respondent shall indemnify, save harmless and defend the City, its officers, agents and employees
from and against any claims, demands or causes of action of whatsoever kind or nature arising out of any
act, error, omission, negligent act, conduct or misconduct of the Respondent, its agents, servants or
employees, in the performance of the Services pursuant to an agreement awarded pursuant to this RFQ
and/or from any procurement decision of the City including without limitation, awarding the Agreement to
a Respondent.
2.13. MULTIPLE /OTHER VENDORS.
The City reserves the right to select and award multiple Respondents to provide some or all of the Services.
If the selected contractors are unavailable, the City reserves the right to seek and obtain other sources.
2.14. PUBLIC ENTITY CRIME/DISQUALIFICATION.
Pursuant to Section 287.133(3)(a), Florida Statute, all Respondents are advised as follows:
“A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or Respondent under a contract with any public entity, and
may not transact business with any public entity and may not transact business with any public entity in
excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.”
2.15. NO CONTINGENCY FEE.
Respondent shall warrant that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Respondent, to solicit or secure the Agreement and that it has not paid
or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee
15 of 151 50
working solely for the Respondent, any fee, commission, percentage, gift or other consideration contingent
upon or resulting from the award or making the Agreement. For the breach or violation of this provision,
the City shall have the right to terminate the Agreement, without liability, at its discretion.
2.16. PUBLIC RECORDS; CONFIDENTIALITY.
Respondents are hereby notified that all information submitted as part of or in support of Response
submitted pursuant to this RFQ are public records subject to public disclosure in accordance with Chapter
119, Florida Statutes. If there is any apparent conflict between Florida’s Public Records Law and this RFQ,
Florida Law will govern and prevail.
All Responses submitted in response to this RFQ shall become the property of the City. Unless the
information submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the right to
utilize any or all information, ideas, conceptions, or portions of any Response in its best interest. Acceptance
or rejection of any Response shall not nullify the City’s rights hereunder.
Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE RESPONDENT HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE RESPONDENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address: 6130 Sunset Drive
South Miami, FL 33143
Telephone number: 305-663-6340
Email: NPayne@southmiamifl.gov
2.17. AMERICAN RESCUE PLAN ACT PROVISIONS.
Respondent acknowledges that the Services may be fully or partially funded utilizing Coronavirus State
and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act
(“ARPA”). The Successful Respondent shall be required to comply with all laws, rules, regulations,
policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and
guidelines) required by ARPA, as further detailed in the ARPA Addendum, Attachment “C” to this
solicitation.
If compliance with this section is required, the City shall select this box: .
2.18. GRANT FUNDING.
By submitting a response to this solicitation, Respondents acknowledge that the Services may be fully or
partially funded utilizing funds from the grants listed below (the “Grant”). Accordingly, by submitting a
response to this competitive solicitation, the Respondent warrants and represents that it has reviewed the
terms and conditions for each Grant and will perform the Services in accordance with the terms and
conditions of the Grant(s).
Grant Title Grant Agreement Attachment No.
If the Services will be funded utilizing Grant funds, the City shall select this box:.
END OF SECTION 2
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SECTION 3.
SCOPE OF SERVICES, SPECIFICATIONS, AND REQUIREMENTS
3.1 INTRODUCTION:
The City of South Miami is seeking proposals from qualified landscape architects to create a
comprehensive Landscaping Master Plan. This plan will guide the City's landscaping
development, maintenance, and enhancement efforts, ensuring sustainable and aesthetically
pleasing public spaces for all residents and visitors.
3.2 PROJECT OVERVIEW:
The Landscaping Master Plan will outline strategies for the design, implementation, and
maintenance of landscaping across South Miami. It will address current and future needs, focusing
on sustainability, community involvement, and the unique character of our City.
3.3 SCOPE OF SERVICES:
The selected landscape architect will be responsible for:
• Assessment and Analysis:
Conducting a comprehensive assessment of existing landscaping, public spaces,
and infrastructure.
Identifying areas needing improvement, including parks, streetscapes, public
buildings, and other communal areas.
Evaluating soil, climate, water resources, and existing vegetation.
• Community Engagement:
Organizing public meetings and workshops to gather input from residents,
business owners, and other stakeholders.
Incorporating community feedback into the master plan to ensure it meets the
needs and preferences of the city's population.
• Design and Planning:
Developing a cohesive and visionary landscaping plan that includes design
guidelines, plant selection, and maintenance practices.
Proposing sustainable practices such as native planting, water conservation, and
green infrastructure.
Creating detailed drawings, renderings, and specifications for key areas.
• Implementation Strategy:
Outlining a phased implementation plan with estimated timelines and costs.
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Identifying potential funding sources and partnerships to support the plan's
execution.
Recommending policies and ordinances to support the master plan.
• Documentation and Presentation:
Compiling a comprehensive report that includes all findings, designs, and
recommendations.
Presenting the final Landscaping Master Plan to the City Commission and relevant
stakeholders.
3.4 PROGRAM EXECUTION AND DELIVERABLES:
• Project Approach and Methodology:
A detailed description of the approach and methodology to be used in completing
the Landscaping Master Plan.
A proposed timeline for completing the project, including key milestones and
deliverables.
• Community Engagement Plan:
Strategies for engaging with the community and incorporating public input into
the master plan.
3.5 SITE LOCATION:
The project will be held within the City of South Miami borders. Please refer to Attachment “D
Street Map of the City of South Miami.”
NOTE: The City entered into an engagement with a Consultant on January 16, 2024
for Placemaking, Branding and Urban Design. There may be some overlap with the
Landscape Master Plan Consultant in specific areas of the Placemaking engagement.
ATTACHMENT “E” INCLUDES RFQ #CSM2023-14 AND RESOLUTION No. 15-
24-16120 for information purposes only.
END OF SECTION 3
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SECTION 4.
RESPONSE FORM PACKAGE
As provided in the ITB, the following items must be attached to this Response:
FORMS STATUS
Form 1 – Response Form Package Acknowledgement ❑
Form 2A. Respondent’s Certification (if Company or Corporation) ❑
Form 2B. Respondent’s Certification (if Partnership) ❑
Form 3. Single Execution Affidavits ❑
Form 4. Dispute Disclosure ❑
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility
Matters Primary Covered Transactions
❑
Form 6. Respondent’s Qualifications Survey ❑
Form 7. Key Staff and Proposed Subcontractors. ❑
Form 8. Reference List ❑
ATTACHMENTS
This competitive solicitation incorporates the following attachments, which should be reviewed thoroughly
and, if applicable, completed prior to submitting a response to this competitive solicitation.
The City is attaching the following Attachments:
Attachment A. Sample Contract
Attachment B. Declaration/Affidavit of Representation
Attachment C. ARPA (American Rescue Plan Act) Addendum
Attachment D. Street Map – City of South Miami
Attachment E. Placemaking, Branding and Urban Design Engagement
Documents
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FORM 1
RESPONSE FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Request for Qualifications RFQ No.
PL2024-09. I agree that my Response will remain firm for a period of 180 days after opened by the City
in order to allow the City adequate time to evaluate the Response.
I certify that all information contained in this Response is truthful to the best of my knowledge and belief.
I further certify that I am duly authorized to submit this Response on behalf of the Firm named as the
Proposing Firm and that said Firm is ready, willing, and able to perform if awarded the Agreement.
I further certify, under oath, that this Response is made without prior understanding, agreement, connection,
discussion, or collusion with any other person, firm or corporation submitting a Response; no officer,
employee or agent of the City of South Miami or any other Respondent has an interest in said Response.
Furthermore, I certify that the undersigned executed this Response Form with full knowledge and
understanding of matters therein contained and was duly authorized.
I further certify that the Respondent acknowledges receipt of all Addenda issued by the City in connection
with the RFQ (Check the box next to each addendum received).
______ Addendum 1 Addendum 6
______ Addendum 2 Addendum 7
______ Addendum 3 Addendum 8
______ Addendum 4 Addendum 9
_______ Addendum 5 Addendum 10
Attached hereto are the following forms/documents which form a part of this Response:
❑ Form 1. Response Form Package Acknowledgement.
❑ Form 2A. Respondent’s Certification (if Company or Corporation)
❑ Form 2B. Respondent’s Certification (if Partnership)
❑ Form 3. Single Execution Affidavits
❑ Form 4. Dispute Disclosure
❑ Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters
Primary Covered Transactions
❑ Form 6. Respondent’s Qualifications Survey
❑ Form 7. Key Staff and Proposed Subcontractors
❑ Form 8. Reference List
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FORM 1
RESPONSE FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
___________________________________________
NAME OF RESPONDENT FIRM
____________________________________________
SIGNATURE OF RESPONDENT
____________________________________________
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
____________________________________________
____________________________________________
(____) ______________________________________
TELEPHONE NUMBER
State of Florida
County of
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
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FORM 2A
RESPONDENT’S CERTIFICATION
(if Company or Corporation)
CERTIFICATE
STATE OF _____________ )
) SS
COUNTY OF ___________ )
I HEREBY CERTIFY that a meeting of the Board of Directors of
___________________________________________________________________
a corporation or company existing under the laws of the State of _________________________, held on
______________________, 2024, the following resolution was duly passed and adopted:
RESOLVED, that, as _____________of the Corporation/Company, be and is hereby authorized to
execute the Response dated, __________, 2024 to the City of South Miami for RFQ NO. PL2024-
09, and that this execution thereof, attested by the Secretary of the Corporation/Company, and with
the Corporate/Company Seal affixed, shall be the official act and deed of this
Corporation/Company.
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
corporation/company on this the _____________ of ___________, 2024.
_______________________
Secretary
(SEAL)
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FORM 2B
RESPONDENT’S CERTIFICATION
(if Partnership)
CERTIFICATE
STATE OF ____________ )
) SS
COUNTY OF __________ )
I HEREBY CERTIFY that a meeting of the Partners of ____________________
_____________________________________________________________________, a partnership
existing under the laws of the State of _________________________, held on ____________________,
2023, the following resolution was duly passed and adopted:
“RESOLVED, that _____________________________________________,
as_____________________________________________________________of the Partnership, be and is
hereby authorized to execute the Response dated ______________, 2024, to the City of South Miami for
RFQ NO.PL2024-09 Landscaping Master Plan Services Project from this partnership and that his
execution of thereof, attested by the shall be the official act and deed of this Partnership.”
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this _____, day of ________, 2024.
_______________________
Secretary
(SEAL)
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FORM 3
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE
RESPONDENT OR RESPONDENT AND NOTARIZED BELOW. IN THE EVENT THE
RESPONDENT OR RESPONDENT CANNOT SWEAR TO ANY OF THESE AFFIDAVIT
STATEMENTS, THE RESPONDENT OR RESPONDENT IS DEEMED TO BE NON-
RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A RESPONSE. THESE SINGLE
EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOUTH MIAMI AND ARE
STATEMENTS MADE:
By:
For (Name of Proposing or Responding Entity):
Whose business address is:
And (if applicable) its Federal Employer Identification Number (FEIN) is:
(if the entity does not have an FEIN, include the Social Security Number of the individual signing this
sworn statement. SS#: )
Americans with Disabilities Act Compliance Affidavit
The above named firm, corporation or organization is in compliance with and agrees to continue to comply
with, and assure that any subcontractor, or third party contractor under this project complies with all
applicable requirements of the laws listed below including, but not limited to, those provisions pertaining
to employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
• The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC
1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
• The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section
553.501-553.513, Florida Statutes:
• The Rehabilitation Act of 1973, 229 USC Section 794;
• The Federal Transit Act, as amended 49 USC Section 1612;
• The Fair Housing Act as amended 42 USC Section 3601-3631.
Respondent Initials
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Public Entity Crimes Affidavit
I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity crime. The term “affiliate” includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or
a 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.
I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid 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, and partners, shareholders, employees,
members, and agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to the entity
submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate
of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate
of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division
of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not
in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach
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a copy of the final order).
I understand that the submission of this form to the contracting officer for the public entity identified in
paragraph 1 above is for that public entity only and that this form is valid through December 31 of the
calendar year in which it is filed. I also understand that I am required to inform the public entity prior to
entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes for
category two of any change in the information contained in this form.
Respondent Initials
No Conflict of Interest or Contingent Fee Affidavit
Respondent warrants that neither it nor any principal, employee, agent, representative nor family member
has paid or will pay any fee or consideration that is contingent on the award or execution of a contract
arising out of this solicitation. Respondent also warrants that neither it nor any principal, employee, agent,
representative nor family member has procured or attempted to procure this contract in violation of any of
the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics
ordinances. Further, Respondent acknowledges that any violation of these warrants will result in the
termination of the contract and forfeiture of funds paid or to be paid to the Respondent should the
Respondent be selected for the performance of this contract.
Respondent Initials
Business Entity Affidavit
Respondent hereby recognizes and certifies that no elected official, board member, or employee of the City
of South Miami (the " City”) shall have a financial interest directly or indirectly in this transaction or any
compensation to be paid under or through this transaction, and further, that no City employee, nor any
elected or appointed officer (including City board members) of the City, nor any spouse, parent or child of
such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor
of Respondent or Vendor, and further, that no such City employee or elected or appointed officer, or the
spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor
or Respondent. Material interest means direct or indirect ownership of more than 5% of the total assets or
capital stock of the Respondent. Any exception to these above described restrictions must be expressly
provided by applicable law or ordinance and be confirmed in writing by City. Further, Respondent
recognizes that with respect to this transaction or bid, if any Respondent violates or is a party to a violation
of the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as
applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers
and Employees, such Respondent may be disqualified from furnishing the goods or services for which the
bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for goods or
services to City.
Respondent Initials
Anti-Collusion Affidavit
1. Respondent/Respondent has personal knowledge of the matters set forth in its Response and is fully
informed respecting the preparation and contents of the attached Response and all pertinent
circumstances respecting the Bid;
2. The Response is genuine and is not a collusive or sham Response; and
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3. Neither the Respondent/Respondent nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or
agreed, directly or indirectly with any other Respondent/Respondent, firm, or person to submit a
collusive or sham Response, or has in any manner, directly or indirectly, sought by agreement or
collusion or communication or conference with any other Respondent/Respondent, firm, or person to
fix the price or prices in the attached Response or of any other Respondent/Respondent, or to fix any
overhead, profit, or cost element of the Response price or the Response price of any other
Respondent/Respondent, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against the City or any person interested in the proposed Contract.
__________
Respondent Initials
Scrutinized Company Certification
1. Respondent certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott
Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that
may result from this RFQ at its sole option if the Respondent or its subcontractors are found to have
submitted a false certification; or if the Respondent, or its subcontractors are placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the
Agreement.
2. If the Agreement that may result from this RFQ is for more than one million dollars, the Respondent
certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in
Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged
with business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section
287.135, F.S., the City may immediately terminate the Agreement that may result from this RFQ at its
sole option if the Respondent, its affiliates, or its subcontractors are found to have submitted a false
certification; or if the Respondent, its affiliates, or its subcontractors are placed on the Scrutinized
Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of
the Agreement.
3. The Respondent agrees to observe the above requirements for applicable subcontracts entered into for
the performance of work under the Agreement that may result from this RFQ. As provided in
Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions
then they shall become inoperative.
Respondent Initials
Drug-Free Workplace Affidavit
Respondent hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses
with drug-free workplace programs when two responses are equal with respect to price, quality, and
service. Respondent understands that in order to qualify as a drug-free workplace, Respondent must:
a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
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b) Inform employees about the dangers of drug abuse in the workplace, the Respondent’s policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
1) Give each employee engaged in providing commodities or contractual services under the
ITB a copy of the statement specified in subsection (1).
2) Notify employees that, as a condition of working on the commodities or contractual
services under the ITB, the employee must abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893
or of any controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
3) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee’s community, by any employee who is
so convicted.
4) Make a good faith effort to continue to maintain a drug-free workplace through the
implementation of this section.
Based on information and belief, the statement, which I have marked below, is true in relations to the entity
submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the
requirements set forth under F.S. § 287.087.
The entity submitting this sworn statement is not a drug-free workplace.
Respondent Initials
City Non-Discrimination Requirements Affidavit
Respondent understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City
will not enter into or award a contract to an entity engaged in a boycott.
Respondent understands that “Boycott” as defined under Section 3-1.1 of the Code of the City of South
Miami means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist
or otherwise refuse to deal with a person or entity when the action is based on race, color, national origin,
religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a
discriminatory manner. The term boycott does not include a decision based upon business or economic
reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or
required by federal law or state law.
Respondent certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1.1 of the
Code of the City of South Miami.
Respondent Initials
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Acknowledgment, Warranty, and Acceptance
1. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules
and regulations.
2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of RFQ
No. -XX and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement
without the prior written permission of the City Commission or City Manager, as applicable.
4. Contractor warrants that all information provided by it in connection with this Response is true and
accurate.
Respondent Initials
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
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In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
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FORM 4
DISPUTE DISCLOSURE
Answer the following questions by placing an “X” after “Yes” or “No”. If you answer “Yes”, please
explain in the space provided, or on a separate sheet attached to this form.
1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (5) years?
YES __________ NO __________
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years?
YES __________ NO __________
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business?
YES __________ NO __________
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state
a brief description of the case, the outcome or status of the suit and the monetary amounts of extended
contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of
this Response for the City of South Miami.
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
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FORM 5
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal
Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small
Business Administration.
(1) The prospective primary participant certifies to the best of its knowledge and belief that it
and its principals:
(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective primary participant shall attach an explanation to this
Statement of Qualifications.
Entity Name: _________________________________________________________
Date: _________________________
By:
Signature of Authorized Representative
Name and Title of Authorized Representative
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FORM 6
RESPONDENT’S QUALIFICATIONS SURVEY
COMPANY QUALIFICATIONS QUESTIONNAIRE
Please complete this Company Qualifications Questionnaire. By completing this form and submitting a
response to the RFQ, you certify that any and all information contained in the Response is true, that your
response to the RFQ is made without prior understanding, agreement, or connections with any corporation,
firm or person submitting a response to the ITB for the same materials, supplies, equipment, or services, is
in all respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the
RFQ, and certify that you are authorized to sign for the Respondent’s firm.
Some responses may require the inclusion of separate attachments. Separate attachments should be as
concise as possible, while including the requested information. In no event should the total page count of
all attachments to this Form exceed five (5) pages. Some information may not be applicable; in such
instances, please insert “N/A”.
Firm Name
Principal Business Address
Telephone Number Facsimile Number
Email Address
Federal I.D. No. or Social Security Number
Municipal Business Tax/Occupational License No.
FIRM HISTORY AND INFORMATION
How many years has the firm has been in business under its current name and ownership?
Please identify the Firm’s document number with the Florida Division of Corporations and date the Firm
registered/filed to conduct business in the State of Florida:
Document Number Date Filed
Please identify the Firm’s category with the Florida Department of Business Professional Regulation
(DBPR), DBPR license number, and date licensed by DBPR:
Category License No. Date Licensed
Please indicate the type of entity form of the Firm (if other, please describe):
□ Individual □ Partnership □ Corporation □ LLC □ LLP □ Other
Please identify the Firm’s primary business:
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Please identify the number of continuous years your Firm has performed its primary business:
Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and any Key
Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the
name of the entity that issued the license or certification:
License/Certification
Type
Name of Entity Issuing
License or
Certification
License No. License Issuance Date
Please identify the name, license number, and issuance date of any prior companies that pertain to your
Firm:
License/Certification
Type
Name of Entity Issuing
License or
Certification
License No. License Issuance Date
Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their
signing authority:
Authorized Signor’s Name Title Signing Authority Threshold
(All, Cost up to $X-Amount, No Cost, Other)
Please identify the total number of Firm employees, managerial/administrative employees, and identify the
total number of trades employees by trade (e.g., 20 electricians, 5 laborers, etc.):
Total No. of Employees
Total No. of Managerial/Administrative
Employees
Total No. of Trades Employees by Trade
INSURANCE INFORMATION
Please provide the following information about the Firm’s insurance company:
Insurance Carrier Name Insurance Carrier Contact Person
Insurance Carrier Address Telephone No. Email
Has the Firm filed any insurance claims in the last five (5) years? □ No □ Yes If yes, please
identify the type of claim and the amount paid out under the claim:
FIRM OWNERSHIP
Please identify all Firm owners or partners, their title, and percent of ownership:
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Owner/Partner Name Title Ownership (%)
Please identify whether any of the owners/partners identified above are owners/partners in another entity:
□ No □ Yes If yes, please identify the name of the owner/partner, the other entity’s name, and percent
of ownership held by the stated owner/partner:
Owner/Partner Name Other Entity Name Ownership (%)
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your Firm has provided services to other public
entities:
Public Entity Contact Person Telephone No. Email Address Date Awarded
By signing below, Respondent certifies that the information contained herein is complete and accurate to
the best of Respondent’s knowledge.
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
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FORM 7
KEY STAFF & PROPOSED SUBCONTRACTORS
KEY STAFF
Please complete the following chart with the Firm’s proposed Key Staff. If additional space is required,
please copy/duplicate this page and attach to this Form. Additional space: □ No □ Yes
Name Title Years of
Experience
Years
with
Firm
Licenses/Certifications
Please explain the Firm’s ability and resources to substitute personnel with equal or higher qualifications
than the Key Staff they will substitute for where substitute is required due to attrition, turnover, or a specific
request by the City:
Please identify each Key Staff member’s engagement commitments that will exist concurrently with the
City’s Services:
Key Staff Name Area of Responsibility Client Commitment
(Hours/week)
Period of
Engagement
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Key Staff Name Area of Responsibility Client Commitment
(Hours/week)
Period of
Engagement
PROPOSED SUBCONTRACTORS
The undersigned Respondent hereby designates, as follows, all major subcontractors whom they propose
to utilize for the major areas of work for the services. The Respondent is further notified that all
subcontractors shall be properly licensed, bondable, and shall be required to furnish the City with a
Certificate of Insurance in accordance with the contract general conditions. Failure to furnish this
information shall be grounds for rejection of the Respondent’s RFQ submission. (If no subcontractors are
proposed, state “None” on first line below.)
Subcontractor Name & Address Scope of Work License Number
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
37 of 151 72
FORM 8
REFERENCE LIST
IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM,
RESPONDENT SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #1
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
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REFERENCE #2
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
39 of 151 74
REFERENCE #3
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
END OF SECTION 4
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ATTACHMENT A
SAMPLE CONTRACT
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
NAME OF ENTITY
THIS AGREEMENT (this “Agreement”) is made effective as of the day of
, 2024 (the “Effective Date”), by and between the CITY OF
SOUTH MIAMI, a Florida municipal corporation, (hereinafter the “City”), and NAME OF
ENTITY, a Florida [type of entity], (hereinafter, the “Consultant”).
WHEREAS, the City desires placemaking, branding, and urban design services (the
“Services”) for Landscaping Master Plan Services Project for the Project; and
WHEREAS, the Consultant will perform services on behalf of the City, all as further set
forth in the Proposal dated , 2024, attached hereto as Exhibit “A” (the
“Services”); and
WHEREAS, the Consultant and City, through mutual negotiation, have agreed upon a fee
for the Services; and
WHEREAS, the City desires to engage the Consultant to perform the Services and provide
the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the City agree as follows:
1. Scope of Services.
1.1. If ordinary Professional Services Agreement, Scope of Services Provisions:
1.1.1. Consultant shall provide the Services set forth in the Proposal attached hereto as
Exhibit “A” and incorporated herein by reference (the “Services”).
1.1.2. Consultant shall furnish all reports, documents, and information obtained pursuant
to this Agreement, and recommendations during the term of this Agreement
(hereinafter “Deliverables”) to the City.
OR
1.2. If Continuing Services Agreement:
1.2.1. Consultant shall provide the Services and deliverables for various projects or
project aspects for the City (each a “Project”), as requested by the City and detailed
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in a “Statement of Work” which the City will provide the Consultant when engaging
the Consultant to work on a specific Project.
1.2.2. Prior to commencement of work on a specific Project, the Consultant will provide
the City with a fixed lump sum cost or maximum (i.e., not to exceed) cost for the
Services set forth in the Statement of Work calculated using the rates set forth on the
Rate Schedule.
1.2.3. If the City approves the a fixed lump sum cost or maximum (i.e., not to exceed) cost
for the Project, the City will provide the Consultant with a Notice to Proceed to perform
the Services set forth in the Statement of Work. Consultant acknowledges that it shall
not undertake to perform any Services on any Project until it has received from the City
the Notice to Proceed on such Project.
1.2.4. Consultant shall furnish all reports, documents, and information obtained pursuant
to this Agreement, and recommendations during the term of this Agreement
(hereinafter “Deliverables”) to the City.
1.2.5. The Consultant shall abide by the terms and requirements of the RFQ, as though
fully set forth herein.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through One (1) Year
thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the
City Manager may renew this Agreement for two (2) additional one (1) year periods
on the same terms as set forth herein upon written notice to the Consultant.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
within the term of this Agreement, unless extended by the City Manager.
OR
Consultant agrees that time is of the essence. Consultant shall complete the Services within
the timeframes set forth in the Statement of Work and the Notice to Proceed for each
Project in the manner provided in this Agreement unless extended by the City Manager.
All work shall be prosecuted regularly, diligently, and uninterrupted at such rate of
progress as will ensure full completion thereof as specified in the Statement of Work and
the Notice to Proceed for each Project.
3. Compensation and Payment.
3.1. Compensation for Services provided by Consultant shall be in accordance with the Proposal
attached hereto as Exhibit “A.” Consultant shall be compensated a flat rate lump sum fee
in the amount of $________________ per engagement.
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OR
3.2. Compensation for Services provided by Consultant shall be in accordance with the approved
Statement of Work or the Notice to Proceed for such Project, which shall be based on the
Rate Schedule. Additional expenses that are not included in the Rate Schedule must be
pre-approved, in writing by the City and will be considered as line item reimbursements,
without markup.
3.3. Consultant shall deliver an invoice to City no more often than once per month detailing
Services completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pursuant to Consultant’s invoice, which shall be based upon the
percentage of work completed for each task invoiced. The City shall pay the Consultant in
accordance with the Florida Prompt Payment Act after approval and acceptance of the
Services by the City Manager.
3.4. If applicable, fees shall be paid in arrears each month, pursuant to Consultant’s invoice,
which shall be based upon the percentage of work completed for each Project. The City shall
pay the Consultant in accordance with the Florida Prompt Payment Act after approval and
acceptance of the Services by the City Manager.
4. Subconsultants.
4.1. The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the City Manager, which approval may be granted or withheld in the City
Manager’s sole and absolute discretion.
5. City’s Responsibilities.
5.1. City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the City, and
provide criteria requested by Consultant to assist Consultant in performing the Services.
5.2. Upon Consultant’s request, City shall reasonably cooperate in arranging access to public
information that may be required for Consultant to perform the Services.
6. Consultant’s Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Consultant’s Deliverables
or Services are incorrect, not properly rendered, defective, or fail to conform to City
requests, the Consultant shall at Consultant’s sole expense, immediately correct its
Deliverables or Services.
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6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the
Services for City as an independent contractor of the City. Consultant further warrants and
represents that it has the required knowledge, expertise, and experience to perform the
Services and carry out its obligations under this Agreement in a professional and first class
manner.
6.3. The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City.
8. Termination.
8.1. The City Manager, without cause, may terminate this Agreement upon five (5) calendar
days written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the City's written notice of termination, Consultant shall immediately stop
work on the project unless directed otherwise by the City Manager.
8.3. In the event of termination by the City, the Consultant shall be paid for all work accepted
by the City Manager up to the date of termination, provided that the Consultant has first
complied with the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the project to the City, in a hard copy and electronic
format within fourteen (14) days from the date of the written notice of termination or the
date of expiration of this Agreement.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better
by A.M. Best and qualified to do business in the State of Florida. The insurance coverage
shall be primary insurance with respect to the City, its officials, employees, agents, and
volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Consultant’s insurance and shall not contribute to the Consultant’s
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insurance. The insurance coverages shall include at a minimum the amounts set forth in
this section and may be increased by the City as it deems necessary or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Consultant. The General Aggregate Liability limit
and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the Consultant shall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker’s
Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured (except with respect to Professional Liability
Insurance and Worker’s Compensation Insurance), no later than ten (10) days after award
of this Agreement and prior to the execution of this Agreement by City and prior to
commencing Services. Each certificate shall include no less than (30) thirty-day advance
written notice to City prior to cancellation, termination, or material alt eration of said
policies or insurance. The Consultant shall be responsible for assuring that the insurance
certificates required by this Section remain in full force and effect for the duration of this
Agreement, including any extensions or renewals that may be granted by the City. The
Certificates of Insurance shall not only name the types of policy(ies) provided, but also
shall refer specifically to this Agreement and shall state that such insurance is as required
by this Agreement. The City reserves the right to inspect and return a certified copy of
such policies, upon written request by the City. If a policy is due to expire prior to the
completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days’ written notice shall
be provided to the City before any policy or coverage is cancelled or restricted.
Acceptance of the Certificate(s) is subject to approval of the City.
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9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker’s
Compensation Insurance, the City is to be specifically included as an Additional Insured
for the liability of the City resulting from Services performed by or on behalf of the
Consultant in performance of this Agreement. The Consultant’s insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the City shall be in excess of and shall not contribute to the
Consultant’s insurance. The Consultant’s insurance shall contain a severability of interest
provision providing that, except with respect to the total limits of liability, the insurance
shall apply to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be
reasonably approved by the City. The Consultant shall be responsible for the payment of
any deductible or self-insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color, religion,
sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and all appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Consultant’s performance or non-
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Consultant and third parties made pursuant to this
Agreement. Consultant shall reimburse the City for all its expenses including reasonable
attorneys’ fees and costs incurred in and about the defense of any such claim or
investigation and for any judgment or damages arising from Consultant’s performance or
non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the City
nor shall anything included herein be construed as consent to be sued by third parties in
46 of 151 81
any matter arising out of this Agreement or any other contract. The City is subject to
section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties (or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the City which are conceived, developed or made by Consultant during the term of this
Agreement (“Work Product”) belong to the City. Consultant shall promptly disclose such
Work Product to the City and perform all actions reasonably requested by the City
(whether during or after the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant’s possession
or control in connection with Consultant’s performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Consultant involving transactions related to this
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed, except as authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records are transferred to the City.
47 of 151 82
16.3. Upon request from the City’s custodian of public records, Consultant shall provide
the City 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 by Chapter 119,
Florida Statutes, or as otherwise provided by law.
16.4. 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 this
Agreement are and shall remain the property of the City.
16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the City Manager, at no cost to the City, wit hin
seven (7) days. All such records stored electronically by Consultant shall be delivered to
the City in a format that is compatible with the City’s information technology systems.
Once the public records have been delivered upon completion or terminat ion of this
Agreement, the Consultant shall destroy any and all duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are received
as provided herein.
16.7. Consultant’s failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE
CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address: 6130 Sunset Drive
South Miami, FL 33143
Telephone number: 305-663-6340
Email: NPayne@southmiamifl.gov
17. Nonassignability. This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications and expertise of the Consultant, and such firm’s familiarity with the City’s area,
circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
48 of 151 83
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the City with respect to
all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencie s
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires
all contractors doing business with the City to register with and use the E -Verify system to
verify the work authorization status of all newly hired employees. The City will not enter into
a contract unless each party to the contract registers with and uses the E-Verify system. The
contracting entity must provide its proof of enrollment in E-Verify. For instructions on how to
provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-
49 of 151 84
verify. By entering into this Agreement, the Contractor acknowledges that it has read Section
448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section
448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from
subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
[Remainder of page intentionally left blank.
Signature page and E-Verify Affidavit follows.]
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E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the City to register with and use the E-Verify system to verify the work authorization
status of all newly hired employees. The City will not enter into a contract unless each party to the
contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
☐ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
Attest:
By:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro “Chip” Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
CONSULTANT
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
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ATTACHMENT B
DECLARATION/AFFIDAVIT OF REPRESENTATION
This Affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28 -14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review, or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation. The Affidavit must be
filed by with the City Clerk's office at the time a response, bid, or proposal is submitted to the City. For
the purpose of this solicitation only, the members listed for the presentation team, with the exception of any
person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No
person may appear before any committee on behalf of an anyone unless he or she has been listed as part of
the firm's presentation team pursuant to this Affidavit or unless he or she is registered with the City Clerk's
office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to Section 92.525(2), Florida Statutes, the undersigned, ________________, makes the following
declaration under penalties of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents.
NAME TITLE
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it
are true and specifically, that the persons listed above are the members of the presentation team of the entity
listed below.
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ATTACHMENT C
AMERICAN RESCUE PLAN ACT (ARPA) ADDENDUM
54 of 151 89
ATTACHMENT C
AMERICAN RESCUE PLAN ACT ADDENDUM TO
LANDSCAPING MASTER PLAN SERVICES
BETWEEN
THE CITY OF SOUTH MIAMI
AND
[NAME OF ENTITY]
THIS ADDENDUM to the LANDACAPING MASTER PLAN SERVICES (the
“Addendum”) is entered into as of the day of , 2024 (the “Effective Date of
this Addendum”), by and between the CITY OF SOUTH MIAMI, a Florida municipal
corporation, (the “City”) and NAME OF ENTITY, a [State] [type of entity] [if out of state
entity, add and confirm that the entity is: authorized to do business in Florida] (hereinafter, the
“Contractor”). Collectively, the City and the Contractor are referred to as “Parties.”
WHEREAS, on [DATE], the City entered into a Professional Services Agreement (the
“Agreement”) with the Contractor for the Professional Services related to the LANDSCAPING
MASTER PLAN SERVICES project(s) for contractor to implement] (the “Project”), as further
defined in the Agreement; and
WHEREAS, on March 11, 2021, the federal government adopted the American Rescue
Plan Act (“ARPA”), which, among other things, provides local governments with emergency
COVID-19 funding; and
WHEREAS, the City desires to utilize ARPA funding to implement the Project; and
WHEREAS, in order to utilize ARPA funding for the Project, the City desires to
incorporate federally required contract provisions relating to ARPA into the Agreement, as set
forth in this ARPA Addendum; and
WHEREAS, the City and Contractor wish to modify the terms of the Agreement in
accordance with the terms and conditions set forth in this ARPA Addendum.
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein,
the City and Contractor agree as follows:1
1. Recitals Incorporated. The above recitals are true and correct and incorporated herein.
2. American Rescue Plan Act Provisions. The Agreement is hereby amended by adding the
following provisions to the Agreement:
1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words.
55 of 151 90
2.1. Mandated Federal Agreement Conditions.
2.1.1. In connection with the performance of this Agreement, Contractor acknowledges
that compensation for the Project services under this Agreement shall be fully or partially
funded using the Coronavirus State and Local Fiscal Recovery Funds allocated to the City
pursuant to the American Rescue Plan Act. As such, Contractor shall comply with all laws,
rules, regulations, policies, and guidelines (including any subsequent amendments to such
laws, regulations, policies, and guidelines) required by the American Rescue Plan Act,
including, but not limited to the following documents and guidelines, which are incorporated
herein and made a part of this Agreement:
ARPA Exhibit 1.Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200), as applicable and as may
be amended from time to time;
ARPA Exhibit 2.The U.S. Department of the Treasury’s Final Rule governing ARPA, dated
January 27, 2022;
ARPA Exhibit 3.U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery
Funds Award Terms and Conditions (Assistance Listing Number 21.019);
ARPA Exhibit 4.The U.S. Department of the Treasury’s Coronavirus State and Local Fiscal
Recovery Funds Frequently Asked Questions, dated April 27, 2022;
ARPA Exhibit 5.American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund
Agreement between the City and the State of Florida, Division of Emergency
Management;
ARPA Exhibit 6.The U.S. Department of the Treasury’s ARPA Compliance and Reporting
Guidance, dated June 17, 2022; and
ARPA Exhibit 7.Assurances of Compliance with Civil Rights Requirements.
A copy of the above-referenced documents are available for inspection by the Contractor at the
Office of the City Clerk and at the following City link: ARPA EXHIBITS, Exhibit 1 through
Exhibit 7 Listed Above in Section 2.11:
https://southmiamiflgov-
my.sharepoint.com/:f:/g/personal/skulick_southmiamifl_gov/EqZe4BSydzhJlKcTTEKz1x
EBXe_9fwkGvYlOaDEq6qrosw?e=5fwsTC
2.1.2. Title VI Requirements. Contractor acknowledges that the City has certified
compliance with Title VI of the Civil Rights Act of 1964 to the U.S. Department of the
Treasury on the form incorporated herein as ARPA Exhibit 7. Towards that end, Contractor
shall ensure that performance of work in connection with this Agreement complies with the
certifications and requirements contained in ARPA Exhibit 7 and shall also adhere to the
following provisions:
(1) The Contractor and its subcontractors, successors, transferees, and assignees shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of
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federal financial assistance from excluding from a program or activity, denying benefits
of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Agreement. Title VI also includes protection to persons with
“Limited English Proficiency” in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference
and made a part of this Agreement.
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Contractor
shall undertake an active program of nondiscrimination in its administration of the
Work under this Agreement.
2.1.3. Americans with Disabilities Act Requirements. The Contractor agrees to comply
with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.),
which prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government services,
and telecommunications. Additionally, Contractor agrees to comply with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against
individuals on the basis of discrimination under any program or activity under this Agreement.
2.1.4. Age Discrimination Act of 1975. Contractor shall comply with the requirements of
42 U.S.C. §§ 6101 et seq., as amended, and the Treasury’s implementing regulations (31 CFR
Part 23), which prohibits the discrimination on the basis of age in programs or activities under
this Agreement.
2.1.5. Protections for Whistleblowers.
(1) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a federal contract (including the competition for or negotiation of
a contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i.A Member of Congress or a representative of a committee of Congress.
ii.An Inspector General
iii.The Government Accountability Office.
iv.A Federal employee responsible for contract or grant oversight or management at
the relevant agency.
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v.An authorized official of the Department of Justice or other law enforcement
agency.
vi.A court or grand jury.
vii.A management official or other employee of the Contractor, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
2.1.6. Compliance with Immigration and Nationality Act (INA). Contractor hereby
certifies that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act (“INA”)].
2.1.7. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor
shall adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Contractor and
its employees while performing the Work.
2.1.8. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225,
Contractor shall adopt and enforce policies that ban text messaging while driving and
workplace safety policies designed to decrease accidents caused by distracted drivers.
2.1.9. Publication. Contractor shall obtain approval from the City in writing prior to
issuing any publications in connection with this Agreement. If approved by the City, the
Contractor shall include the following language in any and all publications issued:
“This Project is [being funded/was supported] in part by federal award number
(FAIN) [Insert Project FAIN] awarded to City of South Miami by the U.S.
Department of the Treasury.”
2.1.10. Reporting Conflict of Interests. Contractor agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any
potential conflicts of interest affecting the use of funds awarded under the American
Rescue Plan Act in accordance with 2 CFR 200.112.
2.2. Compliance with Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the Final Rule
and other guidelines provided in connection with the American Rescue Plan Act, Contractor
shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to:
2.2.1. Equal Employment Opportunity Compliance. During the performance of this
Agreement, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
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origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of pay or other forms of compensation; and
d. selection for training, including apprenticeship
The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of
Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
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by the administering agency and the U.S. Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
2.2.2. Contract Work Hours and Safety Standards Act Compliance. During the
performance of this Agreement, the Contractor shall comply with the provisions of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as
follows:
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph (1) of this section the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States, for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
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(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the U.S. Department
of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such contract or any
other Federal contract with the same Contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
same Contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
2.2.3. Clean Air Act Compliance. During the performance of this Agreement, the
Contractor shall comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as
amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
2.2.4. Federal Water Pollution Control Act Compliance. During the performance of this
Agreement, the Contractor shall comply with the provisions of Federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
2.2.5. Debarment and Suspension Compliance. During the performance of this
Agreement, the Contractor warrants that Contractor or its subcontractors are not debarred,
61 of 151 96
suspended, or otherwise ineligible for contract awards under Executive Orders 12549 and
12689. Contractor shall comply with the following provisions:
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury’s implementing regulations at 31 CFR Part 19, and 2
C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Contractor further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
(5) Contractor certifies that they:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
State or Local) transaction or contract under public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more
public transactions (Federal, State or Local) terminated for cause or default. If the
Contractor is unable to obtain and provide such certification, then the Contractor
shall attach an explanation to this Agreement as to why not.
2.2.6. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). During the
performance of this Agreement, the Contractor and its subcontractors shall comply with the
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provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended).
Specifically, Contractor represents and warrants as follows:
(1) No Funds received by the Contractor under this Agreement have been paid or will be
paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any monies, other than Funds received by Contractor under this Agreement, have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the Contractor shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with
its instructions.
(3) The Contractor shall require that this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all such sub-recipients shall certify
and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
2.2.7. Copeland “Anti-Kickback” Act. During the performance of this Agreement, the
Contractor and its subcontractors shall comply with the provisions of the Copeland “Anti-
Kickback” Act as follows:
(1) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. part 3 as may be applicable, which are incorporated by
reference into this Agreement.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the federal government may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
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(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
2.2.8. Procurement of Recovered Materials. Contractor shall comply with the provisions
of 2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in
the performance of this Agreement, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items, unless the product cannot be
acquired: (1) competitively within a timeframe providing for compliance with the contract
performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable
price.
Information about this requirement, along with the list of EPA-designated items, is available
at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.
2.2.9. Domestic Preferences for Procurements. To the greatest extent practicable,
Contractor and its subcontractors shall provide preference for the purchase, acquisition, or use
of goods, products, or materials produced in the United States, in accordance with 2 CFR
200.322, “Domestic preferences for procurements.”
2.2.10. 2 CFR Subpart F – Audit Requirements. Contractor shall assist the City in
complying with the audit requirements under 2 CFR Subpart F – Audit Requirements (“Federal
Audit Provisions”) and the reporting requirements of the U.S. Department of the Treasury’s
Final Rule, as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
(1) Contractor shall assist the City in complying with the Federal Audit Provisions by
providing the City, the State of Florida, the U.S. Department of the Treasury, the
Treasury Office of the Inspector General, the Government Accountability Office, or
other federal government entities, and any of their duly authorized representatives,
access to personnel, accounts, books, records, supporting documentation, and other
information relating to the performance of the Agreement or the Work
(“Documentation”) necessary to complete federal audits. Contractor shall promptly
assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Contractor shall keep all Documentation up-to-date throughout the performance of this
Agreement and the Work. Contractor shall provide the City with all Documentation for
each fiscal year by October 1 of each year or within five days of the completion of the
Work, whichever occurs first. Contractor shall assist the City in complying with
additional guidance and instructions issued by the U.S. Department of the Treasury
governing the reporting requirements for the use of American Rescue Plan Act
Coronavirus State and Local Fiscal Recovery Funds.
3. Conflict; Addendum Prevails. In the event of any conflict or ambiguity between the terms
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and provisions of this Addendum and the terms and provisions of the Agreement, the terms
and provisions of this Addendum shall control.
4. Agreement Ratified. Except as otherwise specifically set forth or modified herein, all terms
in the Agreement are hereby ratified and affirmed and shall remain unmodified and in full
force and effect in accordance with its terms.
5. Defined Terms. All initial capitalized terms used in this Addendum but not otherwise defined
herein shall have the same meaning ascribed thereto in the Agreement.
6. Counterparts. This Addendum may be executed in counterparts, each of which shall be
deemed an original, but all of which, when taken together, shall constitute one and the same
instrument. An executed facsimile or electronic copy of this Addendum shall have the same
force and effect as an original hereof.
[Remainder of page intentionally left blank. Signature pages follow.]
65 of 151 100
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed the day and year as first
stated above.
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
Attest:
By:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro “Chip” Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
CONTRACTOR
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
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ATTACHMENT D
CITY OF SOUTH MIAMI STREET MAP
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SNAPPER CREEK EX
SR 986
SR 5SR
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SR 959RED RDSW 57TH AVESW 67TH AVESW 62ND AVEBIRD RD
S DIXIE HWYBLUE RD
MILLER DR
SUNSET DR
SW 80TH ST
SW 40TH ST
SW 72ND ST
SW 56TH ST
SW 64TH ST
SW 48TH ST
S FEDERAL HWYSW 60TH PLALHAMBRA CIRSW 63RD AVEHARDEE DR
SW 63RD CTSW 64TH AVESW 71ST AVESW 49TH ST
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SW 44TH ST
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SW 54TH CTSW 50TH ST
SW 60TH ST
SW 39TH TER
SW 82ND ST
SR 878
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BROWN DR
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SW 78TH ST SW 55TH AVESW 54TH AVESW 68TH AVESW 46TH TER
SW 79TH STSW 64TH CTSW 38TH ST
SW 64TH PLHURRICANE DRSAN AMARO DRSNAPPER CREEK DRSW 61ST AVELUDLAM RDSW 51ST STSW 71ST PLMANOR LNSW 71ST CTSW 76TH ST
SW 59TH ST SW 60TH CTSW 83RD ST
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DAVIS DR
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SW 77TH TER SW 56TH AVESW 65TH AVESW 58TH TER
YUMURI STSW 73RD ST
DAVIS RD
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TWIN LAKE DRSW 59TH AVESW 76TH TER
SIENA AVE
SW 51ST TER
SW 50TH TER
MILLER RD
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PINE DRMADRUGA AVESW 88TH ST
TRILLO AVE
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SARRIA AVE
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ROBBIA AVE
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SW 69TH CTURBINO AVESW 53RD ST
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MANTUA AVESW 69TH AVEBANYAN DR
ANCONA AVE
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DORADO AVESW 44TH TER
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ALGARDI AVE
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SW 52ND TER
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SW 68TH CTSOPERA AVE
CERTOSA AVE
N KENDALL DR
BARACOA AVE
MENDAVIA AVE
SAN REMO AVE
CANTORIA AVE
SW 74TH ST
SW 65TH PLSW 48TH LN
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ALEGRIANO AVE
SW 45TH LN
SW 61ST DRCTSR 878 RAMP PONCE DE LEON BLVDLEVANTE AVESW 58TH CTSW 62ND TERSW 70TH AVESW 60TH AVESW 58TH ST
SW 57TH ST
NERVIA STSW 39TH ST
PROGRESS RDSW 49TH TER
LIGURIA AVE
SW 63RD ST
MATARO AVE
SW 61ST CTCOLONY RDSW LUDLAM RDZORETA AVE
SW 62ND CTBRESCIA AVE
CONSOLATA AVE
SAN IGNACIO AVECOMMERCE LNSW 61ST ST
SW 43RD ST
SW 59TH PLSW 81ST ST
SW 55TH ST
SW 54TH ST
SW 57TH DR
SW
5
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T
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TSW 57TH PLSW 58TH PLSW 68TH ST SW 59TH CTSW 65TH CTSW 65TH ST
SW 55TH LN
SW 57TH CTSW 54TH LN
DADELAND CIR ESW 68TH TER
SW 61ST TER
SW 56TH TER
SW 42ND TER
SW 58TH AVESW 54TH TER
SW 53RD TER
SW 81ST TER
SW 63RD TER
SW 65TH TER
SW 90TH ST
SW 71ST ST
FAIRCHILD BLVD
SW 64TH TER
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SW 69TH PLCORAL LAKE DR
SW 89TH TER SW 67TH CTHARDEE RDSW 70TH PL SSW 57TH PATHSW 88TH TER MAGNOLIA CTSW 87TH TER
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SW 60TH TER
SW 87TH LNPOINC
IANA
CTSW 68TH CTSW 81ST STSW 70TH AVESW 60TH AVESW 38TH ST
SW 44TH ST
SW 70TH
AVE
SW 45TH ST
SW 58TH CTDAVIS RDSW 63RD CTSW 49TH ST
SW 47TH ST
SW 56TH TERSW 69TH AVELUDLAM RDSW 73RD ST
SW 62ND CTSW 64TH CTSW 62ND TERSW 64TH AVESW 61ST AVESW 71ST ST
DAVIS RD
SW 56TH ST
SW 86TH ST
SW 60TH AVESW 42ND ST
SW 63RD STSW 63RD AVESW 61ST CTSW 62ND PLSW 57TH CTSW 65TH AVESW 61ST AVESW 66TH STSW LUDLAM RDSW 60TH AVESW 81ST ST
SW 63RD CTSW 46TH ST
SW 65TH AVESW 59TH ST SW 58TH AVESW 65TH AVESW 85TH ST
SW 44TH ST
SW 41ST ST
SW 50TH ST
SW 74TH STSW 64TH AVESW 66TH AVESW 41ST ST
SW 86TH STSW 59TH PLSW 59TH AVESW 59TH AVESW 45TH TER
SW 62ND TERSW 71ST AVESW 59TH PLSW 61ST ST
SW 64TH PLSW 83RD ST
SW 50TH ST
SW 87TH ST
SW 61ST ST
SW 49TH ST
SW 69TH AVESW 63RD CTSW 65TH ST
SW 58TH PLSW 53RD TERSW LUDLAM RDSW 55TH ST
SW 81ST TER
SW 59TH AVESW 54TH CTSW 68TH AVESW 79TH TER
SW 74TH STSW 58TH AVESW 58TH CTSW 50TH TER
SW 66TH AVESW 52ND TER
SW 59TH ST
SW 61ST AVESW 84TH ST
SW 47TH ST
SW 78TH STSW 69TH AVESW 62ND TER
SW 62ND CTSW 57TH TER
SW 64TH CTSW 63RD ST
SW 59TH ST
SW 59TH CTSW 59TH ST
SW 54TH AVESW 58TH AVESW 62ND ST SW 63RD AVESW 39TH ST
HARDEE RDSW 63RD TER
SW 53RD TERSW 69TH AVESW 43RD ST
SW 42ND TER
SW 45TH ST
SW 79TH ST
SW 63RD AVESW 51ST ST
SW 58TH ST
SW 74TH ST LUDLAM RDSW 68TH AVESW LUDLAM RDSW 49TH ST
SW 61ST CTSW 43RD ST
SW 57TH CTSW 62ND CTSW 57TH CTSW 88TH ST
SW 68TH ST
SW 87TH STSW 63RD CTSW 44TH TER
SW 65TH AVESW 59TH CTSW 42ND ST
SW 54TH ST
S FEDERAL HWYSW 60TH STSW 64TH CTSW 58TH AVESW 58TH ST
SW 75TH TER
SW 60TH AVESW 57TH CTSW 62ND TER
SW 81ST ST
SW 65TH ST
DAVIS DR
SW 70TH AVESW 60TH ST
SW 44TH ST
DAVIS RD
SW 50TH TER SW 59TH AVESW 64TH AVESW 69TH AVESW 60TH CTSW 50TH TER
SW 61ST CTSW 82ND ST
SW 42ND TER
SNAPPER CREEK EX
SR 986
SR 5SR
8
7
8
SR 976
SR 959RED RDSW 57TH AVESW 67TH AVESW 62ND AVEBIRD RD
S DIXIE HWYBLUE RD
MILLER DR
SUNSET DR
SW 80TH ST
SW 40TH ST
SW 72ND ST
SW 56TH ST
SW 64TH ST
SW 48TH ST
S FEDERAL HWYSW 60TH PLALHAMBRA CIRSW 63RD AVEHARDEE DR
SW 63RD CTSW 64TH AVESW 71ST AVESW 49TH ST
SW 85TH ST
SW 44TH ST
SW 70TH ST
SW 54TH CTSW 50TH ST
SW 60TH ST
SW 39TH TER
SW 82ND ST
SR 878
SW 62ND ST
SW 69TH ST
BROWN DR
SW 47TH ST
SW 78TH ST SW 55TH AVESW 54TH AVESW 68TH AVESW 46TH TER
SW 79TH STSW 64TH CTSW 38TH ST
SW 64TH PLHURRICANE DRSAN AMARO DRSNAPPER CREEK DRSW 61ST AVELUDLAM RDSW 51ST STSW 71ST PLMANOR LNSW 71ST CTSW 76TH ST
SW 59TH ST SW 60TH CTSW 83RD ST
SW 41ST ST
DAVIS DR
SW 78TH TER
SW 77TH TER SW 56TH AVESW 65TH AVESW 58TH TER
YUMURI STSW 73RD ST
DAVIS RD
SW 42ND ST
TWIN LAKE DRSW 59TH AVESW 76TH TER
SIENA AVE
SW 51ST TER
SW 50TH TER
MILLER RD
SW 84TH TER
PINE DRMADRUGA AVESW 88TH ST
TRILLO AVE
SW 84TH ST
SW 75TH TER
SW 67TH ST
SARRIA AVE
SW 46TH STSW 70TH CTSW 45TH ST
ROBBIA AVE
SW 63RD PLGARCIA AVE
SW 52ND ST
SW 62ND PLCECILIA AVE
SW 69TH CTURBINO AVESW 53RD ST
SW 66TH ST
MANTUA AVESW 69TH AVEBANYAN DR
ANCONA AVE
SW 69TH TER
DORADO AVESW 44TH TER
SW 57TH TER
SW 48TH TER
ALGARDI AVE
SW 74TH TER
SW 52ND TER
SW 66TH AVEZULETA AVE
SW 68TH CTSOPERA AVE
CERTOSA AVE
N KENDALL DR
BARACOA AVE
MENDAVIA AVE
SAN REMO AVE
CANTORIA AVE
SW 74TH ST
SW 65TH PLSW 48TH LN
SW 86TH ST
SW 87TH ST
ALEGRIANO AVE
SW 45TH LN
SW 61ST DRCTSR 878 RAMP PONCE DE LEON BLVDLEVANTE AVESW 58TH CTSW 62ND TERSW 70TH AVESW 60TH AVESW 58TH ST
SW 57TH ST
NERVIA STSW 39TH ST
PROGRESS RDSW 49TH TER
LIGURIA AVE
SW 63RD ST
MATARO AVE
SW 61ST CTCOLONY RDSW LUDLAM RDZORETA AVE
SW 62ND CTBRESCIA AVE
CONSOLATA AVE
SAN IGNACIO AVECOMMERCE LNSW 61ST ST
SW 43RD ST
SW 59TH PLSW 81ST ST
SW 55TH ST
SW 54TH ST
SW 57TH DR
SW
5
6
T
H
C
TSW 57TH PLSW 58TH PLSW 68TH ST SW 59TH CTSW 65TH CTSW 65TH ST
SW 55TH LN
SW 57TH CTSW 54TH LN
DADELAND CIR ESW 68TH TER
SW 61ST TER
SW 56TH TER
SW 42ND TER
SW 58TH AVESW 54TH TER
SW 53RD TER
SW 81ST TER
SW 63RD TER
SW 65TH TER
SW 90TH ST
SW 71ST ST
FAIRCHILD BLVD
SW 64TH TER
SW 45TH TER
SW 69TH PLCORAL LAKE DR
SW 89TH TER SW 67TH CTHARDEE RDSW 70TH PL SSW 57TH PATHSW 88TH TER MAGNOLIA CTSW 87TH TER
SW 79TH TER
SW 60TH TER
SW 87TH LNPOINC
IANA
CTSW 68TH CTSW 81ST STSW 70TH AVESW 60TH AVESW 38TH ST
SW 44TH ST
SW 70TH
AVE
SW 45TH ST
SW 58TH CTDAVIS RDSW 63RD CTSW 49TH ST
SW 47TH ST
SW 56TH TERSW 69TH AVELUDLAM RDSW 73RD ST
SW 62ND CTSW 64TH CTSW 62ND TERSW 64TH AVESW 61ST AVESW 71ST ST
DAVIS RD
SW 56TH ST
SW 86TH ST
SW 60TH AVESW 42ND ST
SW 63RD STSW 63RD AVESW 61ST CTSW 62ND PLSW 57TH CTSW 65TH AVESW 61ST AVESW 66TH STSW LUDLAM RDSW 60TH AVESW 81ST ST
SW 63RD CTSW 46TH ST
SW 65TH AVESW 59TH ST SW 58TH AVESW 65TH AVESW 85TH ST
SW 44TH ST
SW 41ST ST
SW 50TH ST
SW 74TH STSW 64TH AVESW 66TH AVESW 41ST ST
SW 86TH STSW 59TH PLSW 59TH AVESW 59TH AVESW 45TH TER
SW 62ND TERSW 71ST AVESW 59TH PLSW 61ST ST
SW 64TH PLSW 83RD ST
SW 50TH ST
SW 87TH ST
SW 61ST ST
SW 49TH ST
SW 69TH AVESW 63RD CTSW 65TH ST
SW 58TH PLSW 53RD TERSW LUDLAM RDSW 55TH ST
SW 81ST TER
SW 59TH AVESW 54TH CTSW 68TH AVESW 79TH TER
SW 74TH STSW 58TH AVESW 58TH CTSW 50TH TER
SW 66TH AVESW 52ND TER
SW 59TH ST
SW 61ST AVESW 84TH ST
SW 47TH ST
SW 78TH STSW 69TH AVESW 62ND TER
SW 62ND CTSW 57TH TER
SW 64TH CTSW 63RD ST
SW 59TH ST
SW 59TH CTSW 59TH ST
SW 54TH AVESW 58TH AVESW 62ND ST SW 63RD AVESW 39TH ST
HARDEE RDSW 63RD TER
SW 53RD TERSW 69TH AVESW 43RD ST
SW 42ND TER
SW 45TH ST
SW 79TH ST
SW 63RD AVESW 51ST ST
SW 58TH ST
SW 74TH ST LUDLAM RDSW 68TH AVESW LUDLAM RDSW 49TH ST
SW 61ST CTSW 43RD ST
SW 57TH CTSW 62ND CTSW 57TH CTSW 88TH ST
SW 68TH ST
SW 87TH STSW 63RD CTSW 44TH TER
SW 65TH AVESW 59TH CTSW 42ND ST
SW 54TH ST
S FEDERAL HWYSW 60TH STSW 64TH CTSW 58TH AVESW 58TH ST
SW 75TH TER
SW 60TH AVESW 57TH CTSW 62ND TER
SW 81ST ST
SW 65TH ST
DAVIS DR
SW 70TH AVESW 60TH ST
SW 44TH ST
DAVIS RD
SW 50TH TER SW 59TH AVESW 64TH AVESW 69TH AVESW 60TH CTSW 50TH TER
SW 61ST CTSW 82ND ST
SW 42ND TER
SNAPPER CREEK EX
SR 986
SR 5SR
8
7
8
SR 976
SR 959RED RDSW 57TH AVESW 67TH AVESW 62ND AVEBIRD RD
S DIXIE HWYBLUE RD
MILLER DR
SUNSET DR
SW 80TH ST
SW 40TH ST
SW 72ND ST
SW 56TH ST
SW 64TH ST
SW 48TH ST
S FEDERAL HWYSW 60TH PLALHAMBRA CIRSW 63RD AVEHARDEE DR
SW 63RD CTSW 64TH AVESW 71ST AVESW 49TH ST
SW 85TH ST
SW 44TH ST
SW 70TH ST
SW 54TH CTSW 50TH ST
SW 60TH ST
SW 39TH TER
SW 82ND ST
SR 878
SW 62ND ST
SW 69TH ST
BROWN DR
SW 47TH ST
SW 78TH ST SW 55TH AVESW 54TH AVESW 68TH AVESW 46TH TER
SW 79TH STSW 64TH CTSW 38TH ST
SW 64TH PLHURRICANE DRSAN AMARO DRSNAPPER CREEK DRSW 61ST AVELUDLAM RDSW 51ST STSW 71ST PLMANOR LNSW 71ST CTSW 76TH ST
SW 59TH ST SW 60TH CTSW 83RD ST
SW 41ST ST
DAVIS DR
SW 78TH TER
SW 77TH TER SW 56TH AVESW 65TH AVESW 58TH TER
YUMURI STSW 73RD ST
DAVIS RD
SW 42ND ST
TWIN LAKE DRSW 59TH AVESW 76TH TER
SIENA AVE
SW 51ST TER
SW 50TH TER
MILLER RD
SW 84TH TER
PINE DRMADRUGA AVESW 88TH ST
TRILLO AVE
SW 84TH ST
SW 75TH TER
SW 67TH ST
SARRIA AVE
SW 46TH STSW 70TH CTSW 45TH ST
ROBBIA AVE
SW 63RD PLGARCIA AVE
SW 52ND ST
SW 62ND PLCECILIA AVE
SW 69TH CTURBINO AVESW 53RD ST
SW 66TH ST
MANTUA AVESW 69TH AVEBANYAN DR
ANCONA AVE
SW 69TH TER
DORADO AVESW 44TH TER
SW 57TH TER
SW 48TH TER
ALGARDI AVE
SW 74TH TER
SW 52ND TER
SW 66TH AVEZULETA AVE
SW 68TH CTSOPERA AVE
CERTOSA AVE
N KENDALL DR
BARACOA AVE
MENDAVIA AVE
SAN REMO AVE
CANTORIA AVE
SW 74TH ST
SW 65TH PLSW 48TH LN
SW 86TH ST
SW 87TH ST
ALEGRIANO AVE
SW 45TH LN
SW 61ST DRCTSR 878 RAMP PONCE DE LEON BLVDLEVANTE AVESW 58TH CTSW 62ND TERSW 70TH AVESW 60TH AVESW 58TH ST
SW 57TH ST
NERVIA STSW 39TH ST
PROGRESS RDSW 49TH TER
LIGURIA AVE
SW 63RD ST
MATARO AVE
SW 61ST CTCOLONY RDSW LUDLAM RDZORETA AVE
SW 62ND CTBRESCIA AVE
CONSOLATA AVE
SAN IGNACIO AVECOMMERCE LNSW 61ST ST
SW 43RD ST
SW 59TH PLSW 81ST ST
SW 55TH ST
SW 54TH ST
SW 57TH DR
SW
5
6
T
H
C
TSW 57TH PLSW 58TH PLSW 68TH ST SW 59TH CTSW 65TH CTSW 65TH ST
SW 55TH LN
SW 57TH CTSW 54TH LN
DADELAND CIR ESW 68TH TER
SW 61ST TER
SW 56TH TER
SW 42ND TER
SW 58TH AVESW 54TH TER
SW 53RD TER
SW 81ST TER
SW 63RD TER
SW 65TH TER
SW 90TH ST
SW 71ST ST
FAIRCHILD BLVD
SW 64TH TER
SW 45TH TER
SW 69TH PLCORAL LAKE DR
SW 89TH TER SW 67TH CTHARDEE RDSW 70TH PL SSW 57TH PATHSW 88TH TER MAGNOLIA CTSW 87TH TER
SW 79TH TER
SW 60TH TER
SW 87TH LNPOINC
IANA
CTSW 68TH CTSW 81ST STSW 70TH AVESW 60TH AVESW 38TH ST
SW 44TH ST
SW 70TH
AVE
SW 45TH ST
SW 58TH CTDAVIS RDSW 63RD CTSW 49TH ST
SW 47TH ST
SW 56TH TERSW 69TH AVELUDLAM RDSW 73RD ST
SW 62ND CTSW 64TH CTSW 62ND TERSW 64TH AVESW 61ST AVESW 71ST ST
DAVIS RD
SW 56TH ST
SW 86TH ST
SW 60TH AVESW 42ND ST
SW 63RD STSW 63RD AVESW 61ST CTSW 62ND PLSW 57TH CTSW 65TH AVESW 61ST AVESW 66TH STSW LUDLAM RDSW 60TH AVESW 81ST ST
SW 63RD CTSW 46TH ST
SW 65TH AVESW 59TH ST SW 58TH AVESW 65TH AVESW 85TH ST
SW 44TH ST
SW 41ST ST
SW 50TH ST
SW 74TH STSW 64TH AVESW 66TH AVESW 41ST ST
SW 86TH STSW 59TH PLSW 59TH AVESW 59TH AVESW 45TH TER
SW 62ND TERSW 71ST AVESW 59TH PLSW 61ST ST
SW 64TH PLSW 83RD ST
SW 50TH ST
SW 87TH ST
SW 61ST ST
SW 49TH ST
SW 69TH AVESW 63RD CTSW 65TH ST
SW 58TH PLSW 53RD TERSW LUDLAM RDSW 55TH ST
SW 81ST TER
SW 59TH AVESW 54TH CTSW 68TH AVESW 79TH TER
SW 74TH STSW 58TH AVESW 58TH CTSW 50TH TER
SW 66TH AVESW 52ND TER
SW 59TH ST
SW 61ST AVESW 84TH ST
SW 47TH ST
SW 78TH STSW 69TH AVESW 62ND TER
SW 62ND CTSW 57TH TER
SW 64TH CTSW 63RD ST
SW 59TH ST
SW 59TH CTSW 59TH ST
SW 54TH AVESW 58TH AVESW 62ND ST SW 63RD AVESW 39TH ST
HARDEE RDSW 63RD TER
SW 53RD TERSW 69TH AVESW 43RD ST
SW 42ND TER
SW 45TH ST
SW 79TH ST
SW 63RD AVESW 51ST ST
SW 58TH ST
SW 74TH ST LUDLAM RDSW 68TH AVESW LUDLAM RDSW 49TH ST
SW 61ST CTSW 43RD ST
SW 57TH CTSW 62ND CTSW 57TH CTSW 88TH ST
SW 68TH ST
SW 87TH STSW 63RD CTSW 44TH TER
SW 65TH AVESW 59TH CTSW 42ND ST
SW 54TH ST
S FEDERAL HWYSW 60TH STSW 64TH CTSW 58TH AVESW 58TH ST
SW 75TH TER
SW 60TH AVESW 57TH CTSW 62ND TER
SW 81ST ST
SW 65TH ST
DAVIS DR
SW 70TH AVESW 60TH ST
SW 44TH ST
DAVIS RD
SW 50TH TER SW 59TH AVESW 64TH AVESW 69TH AVESW 60TH CTSW 50TH TER
SW 61ST CTSW 82ND ST
SW 42ND TER
City of South Miami - R O A D SCity of South Miami - R O A D SMade by City of South Miami Engineering & Construction,3/19/2010GIS Data by Miami-Dade County, 3/2010
Legend
City's Roads
State Roads
County Roads
Roads2010around
City of South Miami
0 0.1 0.2 0.3 0.4
Miles
Mileage totals for each category:
City of South Miami (CSM) roads = 46.80 miles;
(Miami-Dade) Countyroads = 8.33 miles;
State (of Florida)roads = 2.57 miles.
68 of 151 103
ATTACHMENT E
PLACIMAKING, BRANDING AND URBAN DESIGN DOCUMENTS:
RFQ #CSM2024-14
RFESOLUTION #15-24-16120
69 of 151 104
CITY OF SOUTH MIAMI
REQUEST FOR QUALIFICATIONS (RFQ) No. CSM2023-14
PLACEMAKING, BRANDING, AND URBAN DESIGN
SERVICES
City of South Miami Commission
Mayor Javier Fernández
Commissioner Lisa Bonich
Commissioner Steve Calle
Commissioner Josh Liebman
Commissioner Brian Corey
City of South Miami City Hall
6130 Sunset Drive
South Miami, Florida 33143
ISSUE DATE: September 1, 2023
SUBMITTAL DUE DATE: October 3, 2023
SUBMITTAL DUE TIME: 10:00 AM
BID OPENING DATE: October 3, 2023
BID OPENING TIME: 10:30 A.M.
70 of 151 105
PUBLIC NOTICE
REQUEST FOR QUALIFICATIONS RFQ No. CSM2023-14
PLACEMAKING, BRANDING, AND URBAN DESIGN SERVICES
NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting responses for
PLACEMAKING, BRANDING, AND URBAN DESIGN SERVICES. Interested companies, firms,
and individuals (“Respondents”) may obtain a copy of Request for Qualifications RFQ No. CSM2023-14
(the “RFQ”) to be issued on September 1, 2023, at City Hall (6130 Sunset Drive, South Miami, FL 33143),
on the City’s website at www.southmiamifl.gov, or on DemandStar at https://network.demandstar.com/.
The RFQ contains detailed information about the scope of services, submission requirements, and selection
procedures. The Successful Respondent shall be selected in accordance with Section 287.055, Florida
Statutes, also known as the Consultants’ Competitive Negotiation Act (CCNA).
All notices and any addenda issued by the City with respect to the RFQ will be made available on the City’s
website. It is the Respondent’s sole responsibility to ensure receipt of any issued notice or addenda relating
to this RFQ once posted to the website. The response submission shall be submitted electronically via
DemandStar and marked “Response to City of South Miami, RFQ No. CSM2023-14 for
PLACEMAKING, BRANDING, AND URBAN DESIGN SERVICES”
The City will only accept response submissions electronically through the DemandStar Electronic
Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/
Responses must be received by the City by no later than October 3, 2023 at 10:00 a.m. EST. Any
response submission received after this time and date will be rejected and returned unopened. Respondents
are responsible for ensuring that their response is received in the City by the deadline.
Responses will be publicly opened through video conferencing using the Zoom platform on October 3,
2023 at 10:30 AM, local time. Members of the public are invited to view the response opening meeting
through Zoom at https://zoom.us/j/3056636339 or by listening to the response opening meeting on a
dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339.
The City hereby provides notice to all Respondents of the imposition of a Cone of Silence for this
solicitation, as set forth in Section 8A-7 of the City Code. “Cone of Silence," as used herein, means a
prohibition on communication regarding a competitive solicitation such as a request for proposal, request
for qualification, request for information or request/invitation for bid b etween a potential vendor, service
provider, proposer or Respondent, or agent, representative, lobbyist or consultant for the potential
Respondent; and (i) members of the City commission; (ii) the City's professional staff; or (iii) any
member of the City's selection, evaluation or negotiation committee. Please contact the City Clerk and/or
City Attorney with any questions on the Cone of Silence.
Date Issued: September 1, 2023
71 of 151 106
TABLE OF CONTENTS
Section Page
Section 1: Information for Respondents 4
Section 2: Terms and Conditions 15
Section 3. Scope of Services 19
Section 4: Response Form Package and Attachments 25
72 of 151 107
SECTION 1.
INFORMATION FOR RESPONDENTS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the “City”) is soliciting responses (“Responses”) from qualified firms
(“Respondents”) for PLACEMAKING, BRANDING, AND URBAN DESIGN SERVICES (the
“Services” or “Work”) in connection with the City’s Hometown District, as set forth in greater detail in
Section 3 of this Request for Qualifications (“RFQ”).
1.2. SCHEDULE OF EVENTS.
The following schedule is anticipated for this RFQ process, but is subject to change by the City, in its sole
discretion, at any time during the RFQ procurement process.
No. Event Date* Time*
(EST)
1 Advertisement/Distribution of RFQ September 1, 2023 4:30 PM
2 Non-Mandatory / Mandatory Pre-Proposal Conference
NONE
SCHEDULED
3 Deadline to Submit Questions / Requests for
Clarification September 19, 2023 10:00 AM
3 City Issues Addenda and Responds to Questions September 26, 2023 10:00 AM
4 Deadline to Submit Responses – Submission Deadline October 3, 2023 10:00 AM
5
E-BID OPENING VIA VIDEO CONFERENCING VIA
THE ZOOM PLATFORM at
https://zoom.us/j/3056636339 ,or listen to the meeting on a
dedicated phone line by dialing +1-786-635-1003 Meeting
ID: 3056636339.
October 3, 2023 10:30 AM
6 City Procurement Division Review of Response
Submission Responsiveness October 6, 2023 TBD
7 Evaluation Selection Committee Review October 17, 2023 TBD
8 Oral Presentations Before Evaluation Selection Committee
(if requested) October 20, 2023 TBD
9 Recommendation from Selection Committee to City
Manager October 24, 2023 TBD
10 City Negotiation with Successful Respondent October 27, 2023 TBD
11 Award Agreement(s) at City Commission Meeting November 7, 2023 TBD
73 of 151 108
1.3. RESPONSE DUE DATE.
Sealed Responses must submitted electronically through the DemandStar Electronic Bid System at
https://network.demandstar.com/. All sealed responses must be received by 10:00 a.m. E.S.T. on October
3, 2023 (the “Submission Deadline”). Sealed responses will be publicly opened through video conferencing
using the Zoom platform. Members of the public are invited to view the response opening meeting through
Zoom at https://zoom.us/j/3056636339 or by listening to the response opening meeting on a dedicated
phone line by dialing +1-786-635-1003 Meeting ID: 3056636339.
1.4. PRE-SOLICITATION CONFERENCE AND SITE(S) VISIT.
A pre-solicitation conference, will NOT be scheduled for this RFQ. Prior to submitting a Response, each
Respondent should visit the site and become familiar with the conditions that may, in any manner, affect
the Work to be performed by the awarded contractor or the equipment, materials and labor required. The
Respondent is also required to examine carefully the Scope of Services set forth in Section 3 of this RFQ
and be thoroughly informed regarding any requirements or conditions that may in any manner affect the
Work to be performed under the Agreement. No allowances will be made because of lack of knowledge of
any conditions or requirements.
1.5. ADDENDA, CHANGES, OR REQUESTS FOR INTERPRETATION DURING
PROCUREMENT PROCESS.
The City will not respond to oral inquiries or questions concerning this RFQ. All written inquiries, requests
for interpretation or clarification shall be sent to:
Steven P. Kulick
City of South Miami Chief Procurement Officer
6130 Sunset Drive
City of South Miami, FL 33143
E-Mail: skulick@southmiamifl.gov
Facsimile: (305)669-2636
Any written inquiry or request for interpretation or clarification must be sent by e-mail or written
correspondence and received by the City no later than September 19, 2023 at 10:00 a.m.
All such interpretations or clarifications will be made in writing in the form of an Addendum to this RFQ
issued by the City to all known and/or registered prospective Respondents. Each prospective Respondent
shall acknowledge receipt of such Addenda by including it in the Response Form. All Addenda shall be a
part of this RFQ and a part of the Agreement and each Respondent will be bound by such Addenda, whether
or not received. It is the responsibility of each prospective Respondent to verify that it has received all
Addenda issued before Responses are submitted and opened.
1.6. SUBMISSION OF RESPONSE.
Sealed Responses must submitted electronically through the DemandStar Electronic Bid System at
https://network.demandstar.com/ by the Submission Deadline and must be marked as “Response to City of
South Miami, RFQ No. CSM2023-14 for PLACEMAKING, BRANDING, AND URBAN DESIGN
SERVICES” and addressed to:
Steven P. Kulick
City of South Miami Chief Procurement Officer
6130 Sunset Drive
City of South Miami, FL 33143
E-Mail: skulick@southmiamifl.gov
74 of 151 109
THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A RESPONSE TO THE CITY ON OR
BEFORE THE SUBMISSION DEADLINE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF
THE RESPONDENT. THE CITY IS NOT RESPONSIBLE FOR ANY DELAYS THAT MAY OCCUR
DURING THE SUBMISSION OF RESPONSES. ANY RESPONSE RECEIVED AFTER THE
SUBMISSION DEADLINE STATED IN THIS RFQ WILL NOT BE OPENED AND WILL NOT BE
CONSIDERED. FACSIMILE AND EMAILED RESPONSES SHALL NOT BE CONSIDERED.
The Response must be signed by an authorized officer of the Respondent who is legally authorized to bind
the Respondent and enter into a contractual relationship in the name of the Respondent. The submittal of
a Response by a Respondent will be considered by the City as constituting an offer by the Respondent to
perform the required Work upon terms, requirements, and conditions contained herein.
The City will only receive submittals electronically through the DemandStar Electronic Bid System
(E-Bidding). To register as a business, go to https://network.demandstar.com/
Responses will be publicly opened through video conferencing using the Zoom platform at 10:30 AM,
local time. Members of the public are invited to view the response opening meeting through Zoom
at https://zoom.us/j/3056636339 or by listening to the response opening meeting on a dedicated phone
line by dialing +1-786-635-1003 Meeting ID: 3056636339.
Responses shall be typed or printed in ink. All blanks on the Response form(s) must be completed. Names
must be typed or printed below the signature. Responses submitted by hand-delivery, facsimile and/or
email will not be accepted.
Only one (1) Response from any individual, firm, partnership, or corporation, under the same or different
names, will be considered. If the City determines that any Respondent has interest in more than one (1)
Response for Work contemplated; all Response in which such a Respondent is interested will be rejected.
Respondent by submitting this Response certifies that this Response is made without previous
understanding, contract, or connection with any person, firm or corporation making a Response for the
same material, supplies, equipment or services and is in all respects, fair and without collusion of fraud.
1.7. RESPONSE REQUIREMENTS AND FORMAT.
Each Respondent must present its products, services, and applicable features in a clear and concise manner
that demonstrates the Respondent’s capabilities to satisfy the requirements of this RFQ. Emphasis should
be on accuracy, clarity, comprehensiveness and ease of identifying pertinent information, and suitability of
the Respondent for the provision of the Services. Responses MUST include the following:
1.7.1. Cover Page. Each Response submitted shall have a cover page with the Respondent’s business
name, address, and telephone number; name and all contact information for the individual that
will serve as the Project Manager (PM); the date and subject “Proposal for RFQ No.
CSM2023-14 for Placemaking, Branding, and Urban Design Services.”
1.7.2. Table of Contents. A Table of Contents that outlines in sequential order the major areas of the
Response, including enclosures. All pages must be consecutively numbered and correspond to
the Table of Contents and shall be in the order required by this RFQ.
1.7.3. Letter of Intent. A Letter of Intent shall be provided that briefly introduces the Respondent,
the Respondent’s commitment to the City; an understanding of the Services to be performed,
local conditions, and the City’s goals and objectives; the Respondent’s approach and
philosophy in implementing the Services; and such other aspects of the Response. The Letter
of Intent must be single-spaced, 12 point font, and shall not exceed three (3) pages in length.
1.7.4. Response Form Package. Respondent shall provide complete and accurate copies, with all
required signatures and notarizations, for all the forms in the Response Package:
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Form 1. Response Form Package Acknowledgement.
Form 2A. Respondent’s Certification (if Company or Corporation)
Form 2B. Respondent’s Certification (if Partnership)
Form 3. Single Execution Affidavits
Form 4. Dispute Disclosure
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility
Matters Primary Covered Transactions
Form 6. Respondent’s Qualifications Survey
Form 7. Key Staff and Proposed Subcontractors
Form 8. Reference List
1.7.5. Respondent's Qualifications. Respondents must complete and submit Form 2, Respondent’s
Certification, Form 6, Respondent’s Qualifications Survey, and Form 8, Reference List.
Additionally, Respondent must demonstrate compliance with the following minimum
requirements:
1.7.5.1. Licenses. Licensed to conduct business in the State of Florida as a Professional
Engineer, Architect, Landscape Architect, and/or Surveyor/Mapper, or licensed by the
American Institute of Certified Planners (AICP) in urban planning. Proof of
certification/licensure in other urban planning specializations may be considered (e.g.
Professional Transportation Planner, etc.).
Respondents must also furnish proof of any and all other applicable and required
licenses, certifications and permits to perform the Services, including government
licenses, certifications, and permits from the State of Florida, Miami-Dade County, the
City, and any other governing governmental regulatory authorities.
1.7.6. Proof of Experience. Provide documentation evidencing the experience of the Respondent
and demonstrating that the Respondent has successfully provided Work similar to those
specified herein to other firms and/or agencies of similar size and needs as the City, including,
but not limited to, professional experience in all of the following areas of expertise:
1.7.6.1. Urban planning and design,
1.7.6.2. Architectural design,
1.7.6.3. Landscape architecture,
1.7.6.4. Zoning,
1.7.6.5. Civil Engineer
1.7.6.6. Business development, and
1.7.6.7. Project management.
1.7.6.8. Environmental Site Assessment
The Respondent firm shall be currently engaged in the provision of the Services on a full-time
basis and shall have been in existence and providing the Services for a minimum of ten (10)
years, with a special preference for experience providing the Work in the State of Florida and
especially South Florida. At least five (5) years of the Respondent firm’s experience shall be
under its current business name.
1.7.7. Previous Projects. Respondent should demonstrate proof of completion for at least three (3)
previously completed or ongoing community planning and urban design projects within the
past five (5) years, as identified in the list of recent contracts provided under Form 6.
1.7.8. Key Staff Qualifications. The Respondent must include the following information for this
requirement:
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1.7.8.1. Complete and submit Form 7, Key Staff and Proposed Subcontractors, which must
include, at a minimum, either through the Consultants staff or that of any Sub -
Consultant:
1.7.8.1.1. Project Manager (PM), who will be the primary lead for the overall Services to be
provided. The proposed PM must have been an urban planner certified by the AICP
or a licensed Architect practicing as such under Title XXXII, Regulation of Professions
and Occupations, Florida Statutes, Chapter 481, “Architecture, Interior Design, and
Landscape Architecture,” as applicable to the named profession in the State of Florida,
for the last five (5) years from the Proposal Submission Due Date applicable to this
RFQ. In addition, the proposed PM must demonstrate substantial experience as such
through the submission of at least three (3) previously completed or ongoing
community planning and urban design projects within the past ten (10) years.
1.7.8.1.2. Lead Urban Planner (LUP), A Team who will serve as the primary lead for all
community planning and urban design-related efforts for the overall Services to be
provided. The Lead Urban Planner must not be the individual serving as the Project
Manager. The proposed LUP must have been an urban planner certified by the
AICP, for the last five (5) years from the Proposal Submission Due Date applicable
to this RFQ. In addition, the proposed LUP must demonstrate substantial experience
as such through the submission of at least three (3) previously completed or ongoing
community planning and urban design projects within the past ten (10) years
1.7.8.1.3. Senior Urban Planner (SUP). A team member who must have been an urban planner
certified by the AICP, for the last five (5) years from the Proposal Submission Due
Date applicable to this RFQ. In addition, the proposed SUP must demonstrate
substantial experience as such through the submission of at least two (2) previously
completed or ongoing community planning and urban design projects within the past
five (5) years.
1.7.8.1.4. Architect (RA). A team member who must have been a licensed Architect practicing
as such under Title XXXII, Regulation of Professions and Occupations, Florida
Statutes, Chapter 481, “Architecture, Interior Design, and Landscape Architecture,”
as applicable to the named profession in the State of Florida, for the last five (5) years
from the Proposal Submission Due Date applicable to this RFQ. In addition, the
proposed RA must demonstrate substantial experience as such through the
submission of at least one (1) previously completed or ongoing community planning
and urban design, or architecture design project within the past three (3) years.
1.7.8.1.5. Landscape Architect (RLA) A team member who must have been a licensed
Landscape Architect practicing as such under Title XXXII, Regulation of
Professions and Occupations, Florida Statutes, Chapter 481, “Architecture, Interior
Design, and Landscape Architecture,” as applicable to the named profession in the
State of Florida, for the last five (5) years from the Proposal Submission Due Date
applicable to this RFQ. In addition, the proposed RLA must demonstrate substantial
experience as such through the submission of at least one (1) previously completed
or ongoing community planning and urban design, architecture design, or landscape
architecture design-related project within the past three (3) years, at a minimum.
1.7.8.1.6. Civil Engineer (CE) A tam member who must have been a licensed Engineer
practicing as such under Title XXXII, Regulation of Professions and Occupations,
Florida Statutes, Chapter 471, “Engineering,” as applicable to the named profession
in the State of Florida, for the last five (5) years from the Proposal Submission Due
Date applicable to this RFQ. In addition, the proposed CE must demonstrate
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substantial experience as such through the submission of at least one (1) previously
completed or ongoing community planning and urban design, or engineering design-
related project within the past three (3) years.
1.7.8.1.7. Adaptation Specialist (AS) ), A team member who is an experienced professional,
and who has been practicing in the fields of Resilience, Sea Level Rise, Storm Surge,
and/or Climate Change, coordinating and executing adaptation projects for the last
five (5) years from the Proposal Submission Due Date applicable to this RFQ. In
addition, the proposed AS must demonstrate substantial experience as such through
the submission of at least one (1) previously completed or ongoing adaptation project
within the past three (3) years.
1.7.8.1.8. Environmental Site Assessment Specialist (ESAS) A team member who must have
been a licensed engineer practicing as such under Title XXXII, Regulation of
Professions and Occupations, Florida Statutes, Chapter 471, “Engineering,” or a
registered, licensed and practicing geologist under Title XXXII, Regulation of
Professions and Occupations, Florida Statutes, Chapter 492, “Professional
Geology,” as applicable to the named profession in the State of Florida, for the last
five (5) years from the Proposal Submission Due Date applicable to this RFQ. In
addition, the proposed ESAS must demonstrate substantial experience as such
through the submission of at least one (1) previously completed or ongoing
community planning and urban design, or environmental engineering design-related
project within the past three (3) years. The proposed ESAS is preferred to hold an
ISO 14001 Certification.
Key Staff and Proposed Subcontractors must meet the requirements outlined under Section 3,
“Scope of Services, Specifications, and Requirements,” including the requisite years of
experience required for each role. The multiple roles outlined above may be filled by the same
individual and/or subcontractor, provided that the Project Manager and Lead Urban Planner
shall not be the same individual.
1.7.8.2. Organizational Chart showing the reporting structure for all Key Staff, including any
key subcontractors;
1.7.8.3. Include a one-page resume for each person or subcontractor listed in Form 7, Key Staff
and Proposed Subcontractors. Resumes should include experience with similar
projects, specifying the role the individual employee or subcontractor served on the
project, including information indicating their relative involvement on the task and
relative involvement for each project.
1.7.9. Insurance Certificates. Respondent shall provide certificates of insurance demonstrating
compliance with the requirements set forth under Section 2 of this solicitation, including:
1.7.9.1. Commercial General Liability
1.7.9.2. Workers Compensation & Employer’s Liability
1.7.9.3. Business Automobile Liability
THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL
COVERAGE IF DEEMED NECESSARY.
1.7.10. Special Consideration. Describe any special resources that Respondent or Respondent’s
personnel assigned to perform the Services may bring or in-house expertise in technical areas,
which will specifically benefit the City. Not to exceed three (3) pages in 12 point font and
single-spaced. Excess pages will be removed prior to submission to the Evaluation Selection
Committee.
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1.8. EVALUATION CRITERIA.
Responses will be evaluated according to the following criteria and respective weight:
Evaluation Criteria Maximum Points
Respondent’s Qualifications and Experience
To include years of experience, ability, capacity and skill of firm(s),
and adequacy of personnel to perform, including timeliness, stability
and availability and licenses. Special consideration should be given to
governmental experience in providing the Services.
30 points
Key Staff’s Qualifications and Experience
Professional credentials, qualifications, and accomplishments of the
proposed team members to be used for City’s Services.
40 points
Previous Projects & Client References
Experience and background in providing similar governmental
services and past performance, including but not limited to, familiarity
with local, state, and federal regulatory agencies procedures and
requirements.
10 points
Service Implementation Approach
Respondent’s understanding of the Services to be performed; local
conditions; the City’s goals, and objectives; and the Respondent’s
approach and philosophy in implementing the provision of the
Services.
20 points
TOTAL MAXIMUM POINTS 100 points
1.9. SELECTION PROCESS.
The City shall evaluate responses received by the submission deadline in accordance with the evaluation
procedures outlined below.
1.9.1. Phase I – Staff Level Review for Compliance with Minimum Requirements.
A member of City Staff shall review and evaluate the Responses submitted to ensure the minimum
requirements of the RFQ have been met. The City Manager or designee may reject those Responses that do
not meet the minimum requirements of the RFQ.
1.9.2. Phase II. Evaluation Selection Committee Review.
The City Manager will appoint an Evaluation Selection Committee (“Committee”) to review and evaluate
the responsive Proposals during a public meeting (the City will provide instructions on how to participate
and access the meeting). The Committee shall select in order of preference and rank the firm(s) it deems to
be qualified to perform the required services using the evaluation criteria set forth above. The highest
ranked three (3) Respondents will be short-listed and may be called for oral presentations before the
Committee as further detailed under Section 1.9.3 herein. The City reserves the right to short-list
additional Respondents for oral presentations before the Committee.
The Committee reserves the right to request additional information or seek clarifications as it deems
necessary. Failure to comply with any mandatory requirements may disqualify a response. The Committee
reserves the right to conduct additional interviews or require presentations prior to finally ranking the
Respondents.
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1.9.3. Phase III. Oral Presentations (if Required by Committee).
The Committee may call the short-listed Respondents for oral presentations before the Committee regarding
their Proposal, approach to the Services, and ability to furnish the required Services. All short-listed
Respondents and subconsultants in their teams shall be present at the assigned time for a 20-minute
presentation followed by up to a 10-minute question-and-answer session. The Respondents are
encouraged to be represented only by the Project Manager and the staff identified in the Response.
Additional details on the oral presentations may be provided to the short-listed Respondents.
If oral presentations are requested by the Committee, the oral presentation will be worth a maximum of 25
additional points and shall be added to the Evaluation Committees Final Scoring for each Respondent. The
City will notify the Respondents where the oral presentations, if any, will be conducted and whether the
Respondents may appear virtually or must appear in-person. The Committee shall rank the Respondents
and provide its written recommendations to the City Manager.
Should the Committee’s evaluation process result in a tie in the rankings, the tie will be resolved in
favor of the Respondent with the greatest number of years in existence providing the Services.
1.9.4. Phase IV. Selection and Negotiation of Contract.
After the Committee short-lists up the top three Respondents deemed to be responsible and qualified to
perform the required services, the City Manager will select the top-ranked Respondent and proceed to
negotiate a Contract with the selected Respondent in accordance with Section 287.055, Florida Statutes, as
may be amended from time to time. The City reserves the right to short-list additional Respondents
for the City Manager to proceed to negotiate a Contract. The City Manager or designee(s) shall
negotiate the Contract at compensation that the City Manager or designee(s), in his/her sole discretion,
determines is fair, competitive, and reasonable, and which incorporates the major terms and conditions
contained in this RFQ.
Should the City Manager be unable to negotiate a satisfactory contract with the selected Respondent
at a price the City Manager determines to be fair, competitive, and reasonable, and which incorporates the
major terms and conditions contained in the RFQ, negotiations with that Respondent may be terminated.
The City Manager or designee(s) shall then undertake negotiations with the next highest -ranked
Respondent, and, if negotiations are terminated, shall continue to each next highest -ranked Respondent
until a satisfactory contract may be negotiated. The City Commission shall have the final authority to select
the Respondent(s) and award any Contract(s).
Notwithstanding the foregoing, the City Manager reserves the right to present a recommendation
to the City Commission together with the Committee’s rankings and recommendations for selection of a
Respondent. In such event, the City Commission may select the Respondent(s) that it determines is the
most qualified, taking into consideration the City Manager’s recommendation, the Committee’s
recommendation, and all aspects of the Respondent’s Response, and authorize the City Mana ger to
negotiate a Contract with the selected Respondent(s).
1.9.5. Phase V. City Commission Meeting to Approve Contract with Respondent.
Upon reaching mutually agreeable terms with the selected Respondent(s), the Contract negotiated
with the selected Respondent shall be presented to the City Commission for final approval together with
the recommendation of the Committee and the City Manager. The City Commission shall have the final
authority to select the Respondent(s) and award any Contract(s). Any award shall be subject to execution
of the Contract.
Neither this RFQ, nor the notice of award of the Agreement(s) constitutes an agreement or contract
with the Successful Respondent(s). An agreement or contract is not binding until a written agreement or
contract, in substantially the form attached hereto as Attachment “A,” has been executed by the City and
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the Successful Respondent(s) and approved as to form, content, and legal sufficiency by the City Manager
and City Attorney.
1.10. CITY’S RIGHTS; WAIVER OF IRREGULARITIES.
The City reserves the right to reject any or all responses which is in any way incomplete or irregular, re-
issue the entire solicitation, or enter into contracts with more than one Contractor for parts of the Services.
The City reserves the right to accept or reject any and/or all Responses or parts of Response, to workshop
or negotiate any and all Response, to select and award Respondent(s) for all or any of the Work, waive
irregularities in Response, to cancel or discontinue this Request for Qualifications process, and to re-issue
a competitive solicitation for the required Work or Services. The City Commission shall make the final
determination and award of a contractor to the Successful Respondent(s).
All materials submitted in response to this Request for Qualifications become the property of the City and
will be returned only at the option of the City. The City has the right to use any or all ideas presented in
any Response or responses to the RFQ, whether amended or not, and selection or rejection of Response
does not affect this right.
1.11. CODE OF ETHICS PROVISIONS.
1.11.1. Cone of Silence.
The provisions of City’s Cone of Silence are applicable to this RFQ. The City’s Cone of Silence provisions
can be found under Section 8A-7 of the City Code of Ordinances. Questions regarding the Cone of Silence
may be sent to:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
The Cone of Silence as used herein means a prohibition of any communication regarding a competitive
solicitation such as a request for proposal, request for qualification, request for information or
invitation/request for bid, between a potential vendor, service provider, proposer or Respondent (hereinafter
referred to as the "potential Respondent"), or agent, representative, lobbyist or Respondent for the potential
Respondent; (hereinafter referred to as the "Respondent's representative"); and
(i) Members of the City Commission; or
(ii) City's professional staff; or
(iii) Any member of the City's selection, evaluation or negotiation committee.
The provisions of the Cone of Silence shall not apply to:
(i) Communications at a duly noticed pre-bid conferences or at any duly noticed public selection
or negotiation committee meeting or duly noticed public City commission meeting at which
the City Manager has placed the subject of the solicitation on the agenda;
(ii) Communication regarding the solicitation at recorded contract negotiations, recorded oral
presentation or recorded oral question and answer session and recorded contract negotiation
strategy sessions in compliance with the exemption in F.S. § 286.0113;
(iii) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the selection or negotiation committee meetings;
(iv) Written communication at any time with any City professional staff (not including selection,
evaluation or negotiation committee members), unless specifically prohibited by the applicable
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competitive solicitation documents. This section shall not be construed to prevent written
communication between City professional staff and any City selection, evaluation or
negotiation committee. A copy of any written communication made during the cone of silence
shall be contemporaneously filed with the City clerk by the potential Respondent or
Respondent's representative. The City clerk shall make copies available to any person upon
request;
(v) Communication that is strictly limited to matters of those processes or procedures that are
contained in the corresponding solicitation document and which communication is between
any person and the City's purchasing agent or the City employee who is designated as being
responsible for administering the procurement process for such solicitation;
(vi) Communications with the City attorney and his or her staff;
(vii) Communications during any duly noticed site visits to determine the competency and
responsibleness of Respondents regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(viii) Any emergency procurement of goods or services pursuant to City code;
(ix) Responses to a request made by the City's purchasing agent, or the City employee who is
designated as being responsible for administering the procurement process for such solicitation,
for clarification or additional information;
(x) Communications prior to bid opening between City's professional staff and potential
Respondents and/or Respondent's representatives to enable City staff to seek and obtain
industry comment or perform market research, provided all communications related thereto
between a potential Respondents and/or Respondent's representatives and any member of the
City's professional staff including, but not limited to the City Manager and his or her staff, are
in writing or are made at a duly noticed public meeting.
1.11.2. Lobbying Prohibited. All potential Respondents and their agents who intend to submit, or
who submitted, a bid or response to this solicitation, are prohibited from lobbying,
individually or collectively, any City Commissioner, candidate for City Commissioner, or
any employee of the City in connection with this solicitation.
The term "Lobbyist" means all persons (including officers and managers of a legal entity),
firms, or legal entities such as a corporation, partnership or limited liability company,
employed or retained by a principal (including an officer of the principal or an employee of
the principal whose duties include marketing, or soliciting business, for the principal) who
seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action
or decision of the City Commission; (2) any action, decision, recommendation of the City
Manager or any City board or committee; or (3) any action, decision or recommendation of
City personnel during the time period of the entire decision-making process on such action,
decision or recommendation which foreseeably will be heard or reviewed by the City
Commission, or a City board or committee.
Contact may only be made through regularly scheduled Commission meetings, or meetings
scheduled through the Procurement Division, which is for the purpose of obtaining additional
or clarifying information or as otherwise provided for in the City’s Cone of Silence. Any
presentation before a selection committee is considered to be lobbying; however, the
presentation team may avoid formal registration by complying with section 8A-5(c)(9), of
the City Code of Ordinances and completing Attachment B to this RFQ. Any person who
submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or
her employer is considered to be a lobbyist and must register. An officer or manager of a
legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be
a lobbyist. All Respondents are strongly encouraged to review Section 8A-5 of the City Code
of Ordinances for further information.
To register as a lobbyist, please contact the City Clerk at:
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Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
END OF SECTION 1
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SECTION 2.
TERMS AND CONDITIONS
2.1. PURPOSE OF PROPOSAL.
The City intends to award a contract to a qualified firm for the provision of the Services. All Responses
submitted in response to this RFQ and any Agreement(s) awarded to the Successful Respondent(s) must
conform to the following terms and conditions.
2.2. EQUIPMENT.
Any equipment or products used by Respondent to provide the Services pursuant to this RFQ shall remain
the property of the Respondent. In the event equipment or products used by the Respondent are found to
be defective, of unsatisfactory quality, or do not conform to the requirements of this RFQ or the
Specifications, the City reserves the right to reject the equipment or product(s), at the Contractor’s expense.
2.3. SOLICITATION RESPONSE COSTS.
Respondents submitting a response to this RFQ do so entirely at their own cost and expense. There is no
expressed or implied obligation by the City to reimburse any individual or firm for any costs or expenses
incurred in preparing or submitting a response, providing additional information when requested by the
City, or for participating in any selection interviews.
2.4. LICENSES AND PERMITS.
Respondent shall secure any and all necessary and required licenses, certifications and permits to conduct
the Work, including, but not limited to, all Federal, State, County and City licenses and permits. All
Respondents must provide the necessary documentation to demonstrate that they meet all applicable
licensing and permitting requirements.
By submitting a Response to this RFQ, Respondent represents and warrants to the City that it holds all
licenses, certifications and permits (“Licenses”) required by applicable law and by any other governmental
authority or agency to perform the Services. Respondent represents and warrants to the City that the
Licenses shall be in full force and effect on the date of performance of the Services and further represents
that it holds and will hold all Licenses throughout the term of the Agreement. Respondent shall provide the
City with copies of all Licenses and any additional permits that may be required for performance of the
Services with its response and during the term of the Agreement.
Where the Respondent is required to enter onto City property, public rights-of-way or other property to
deliver equipment or to perform the Work as a result of a Response award, the Respondent will assume the
full duty, obligation and expense of obtaining all necessary approvals, licenses, permits, inspections and
insurance required. The Respondent shall be liable for any damages or loss to the City property, or other
property or persons, occasioned by the acts or omissions, or the negligence of the Respondent (or their
agent) or any person the Respondent has designated in the performance of the Services, as a result of the
RFQ.
2.5. INSURANCE.
2.5.1. If selected, the Respondent shall secure and maintain throughout the duration of the awarded
contract insurance of such types and in such amounts not less than those specified below as
satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated
A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance
coverage shall be primary insurance with respect to the City, its officials, employees, agents
and volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Respondent’s insurance and shall not contribute to the Respondent’s
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insurance. The insurance coverages shall include at a minimum the amounts set forth in this
section and may be increased by the City as it deems necessary or prudent. Copies of
Respondent’s actual Insurance Policies as required herein and Certificates of Insurance shall
be provided to the City, reflecting the City as an Additional Insured. Each Policy and
certificate shall include no less than (30) thirty-day advance written notice to City prior to
cancellation, termination, or material alteration of said policies or insurance. All coverage
forms must be primary and non-contributory and the Respondent shall provide a waiver of
subrogation for the benefit of the City. The Respondent shall be responsible for assuring that
the insurance policies and certificates required by this Section remain in full force and effect
for the duration of the Work.
2.5.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and Product
Liability coverages and eliminate the exclusion with respect to property under the care,
custody and control of Respondent. The General Aggregate Liability limit and the
Products/Completed Operations Liability Aggregate limit shall be in the amount of
$2,000,000 each.
2.5.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontactor or agent of the Respondent shall be allowed
to provide Work pursuant to this RFQ who is not covered by Worker’s Compensation
insurance.
2.5.1.3. Business Automobile Liability with minimum limits of $1,000,000.00 per
Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage
must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance
Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
2.5.2. The Respondent agrees to indemnify, defend and hold harmless the City from and against any
and all claims, suits, judgments, losses, damages, executions and/or liabilities as to bodily
injuries and/or property damage which arise or grow out of the Agreement or Respondent’s
performance of the Work required by this RFQ.
2.5.3. The Respondent shall also, upon request by the City, provide copies of all official receipts
and endorsements as verification of Respondent's timely payment of each insurance policy
premium as required by the Agreement.
2.5.4. THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL
COVERAGE IF DEEMED NECESSARY.
2.6. COMPLIANCE WITH LAW AND OTHER REQUIREMENTS.
Respondent shall conduct its operations in compliance with all applicable federal, State, County and City
laws and regulations in providing the Work required by this RFQ.
2.7. ASSIGNMENT.
The Respondent shall not transfer or assign the performance of the Work required by this RFQ and the
Agreement without the City’s prior written consent. Any award issued pursuant to this RFQ and monies
which may be payable by the City, are not assignable except with the City’s prior written approval.
2.8. ATTORNEY’S FEES.
If the City incurs any expense in enforcing the terms of the Agreement, whether suit be brought or not,
Respondent agrees to pay all such costs and expenses including, but not limited to, court costs, interest and
reasonable attorney’s fees.
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2.9. RESPONDENT’S RELATION TO THE CITY.
It is expressly agreed and understood that the Successful Respondent will be in all respects an independent
contractor as to all Services hereunder, and that the Successful Respondent will not be in any respect an
agent, servant or employee of the City. This RFQ specifies the Services to be performed by the Successful
Respondent, but the method to be employed to accomplish the Work shall be the responsibility of the
Successful Respondent, unless otherwise provided in the Agreement or by the City.
2.10. DISCRIMINATORY PRACTICES.
The Respondent shall not discriminate or deny service, deny access, or deny employment to any person on
the basis of race, color, creed, sex, sexual orientation, religion or national origin. The Respondent will
strictly adhere to the equal employment opportunity requirements and any applicable requirements
established by the State of Florida or the Federal Government.
2.11. CANCELLATION.
Failure on the part of the Respondent to comply with the conditions, specifications, requirements and terms
as determined by the City, shall be just cause for cancellation of the award, with the Respondent holding
the City harmless.
2.12. INDEMNIFICATION.
The Respondent shall indemnify, save harmless and defend the City, its officers, agents and employees
from and against any claims, demands or causes of action of whatsoever kind or nature arising out of any
act, error, omission, negligent act, conduct or misconduct of the Respondent, its agents, servants or
employees, in the performance of the Services pursuant to an agreement awarded pursuant to this RFQ
and/or from any procurement decision of the City including without limitation, awarding the Agreement to
a Respondent.
2.13. MULTIPLE /OTHER VENDORS.
The City reserves the right to select and award multiple Respondents to provide some or all of the Work.
If the selected contractors are unavailable, the City reserves the right to seek and obtain other sources.
2.14. PUBLIC ENTITY CRIME/DISQUALIFICATION.
Pursuant to Section 287.133(3)(a), Florida Statute, all Respondents are advised as follows:
“A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or Respondent under a contract with any public entity, and
may not transact business with any public entity and may not transact business with any public entity in
excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.”
2.15. NO CONTINGENCY FEE.
Respondent shall warrant that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Respondent, to solicit or secure the Agreement and that it has not paid
or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for the Respondent, any fee, commission, percentage, gift or other consideration contingent
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upon or resulting from the award or making the Agreement. For the breach or violation of this provision,
the City shall have the right to terminate the Agreement, without liability, at its discretion.
2.16. PUBLIC RECORDS; CONFIDENTIALITY.
Respondents are hereby notified that all information submitted as part of or in support of Response
submitted pursuant to this RFQ are public records subject to public disclosure in accordance with Chapter
119, Florida Statutes. If there is any apparent conflict between Florida’s Public Records Law and this RFQ,
Florida Law will govern and prevail.
All Responses submitted in response to this RFQ shall become the property of the City. Unless the
information submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the right to
utilize any or all information, ideas, conceptions, or portions of any Response in its best interest. Acceptance
or rejection of any Response shall not nullify the City’s rights hereunder.
Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE RESPONDENT HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE RESPONDENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address: 6130 Sunset Drive
South Miami, FL 33143
Telephone number: 305-663-6340
Email: NPayne@southmiamifl.gov
2.17. AMERICAN RESCUE PLAN ACT PROVISIONS.
Respondent acknowledges that the Work or Services may be fully or partially funded utilizing Coronavirus
State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act
(“ARPA”). The Successful Respondent shall be required to comply with all laws, rules, regulations,
policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and
guidelines) required by ARPA, as further detailed in the ARPA Addendum to this solicitation.
If compliance with this section is required, the City shall select this box: .
2.18. GRANT FUNDING.
By submitting a response to this solicitation, Respondents acknowledge that the Work or Services may be
fully or partially funded utilizing funds from the grants listed below (the “Grant”). Accordingly, by
submitting a response to this competitive solicitation, the Respondent warrants and represents that it has
reviewed the terms and conditions for each Grant and will perform the Work or Services in accordance with
the terms and conditions of the Grant(s).
Grant Title Grant Agreement Attachment No.
If the Work or the Services will be funded utilizing Grant funds, the City shall select this box:.
END OF SECTION 2
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SECTION 3.
SCOPE OF SERVICES, SPECIFICATIONS, AND REQUIREMENTS
PLACEMAKING, BRANDING, AND URBAN DESIGN SERVICES
3.1 PURPOSE & OVERVIEW
This RFQ is being issued to obtain Proposals of qualified and experienced teams to provide Placemaking,
Branding and Community Planning and Urban Design Services (“Services”) for City’s miscellaneous
projects and at the direction of Planning, in accordance with all applicable laws, building and environmental
regulations, including code requirements for the State of Florida, Miami-Dade County, and the City, and
the Scope of Services as described in Section 2.2, below.
The City of South Miami which is centrally located in Miami -Dade County with mass transit abutting our
commercial core and urban center. The area of east of 57th Avenue, West of 74th Street, South of 72nd
Avenue and North of US1 has a zoning category name of the “Hometown District” does not have adequate
brand name recognition and has been referred to by many names including but not limited to “Downtown
South Miami”, “Town Center”, “Sunset Place” and more. This neighborhood accounts for a majority of the
city’s business taxes as well as parking revenue and needs to have better brand recognition.
It is the intent of the City to award this contract to a single Consultant for a period of three (3) years with
one (1) two-year Option to Renew, at the discretion of the City Manager for a total of five (5) years.
Manager. The Consultant and its Subconsultants must be able to perform every element of the Scope of
Services for either horizontal or vertical construction including, but not limited to, the tasks described in
Section 3.2, below. The Successful Consultant shall be selected in accordance with Florida Statute Section
287.055, Consultants’ Competitive Negotiations Act (CCNA), as amended.
South Miami is a City in Miami-Dade County. Population was 11,657 at the 2010 census and according to
the U.S. Census Bureau, in the most recent census in 2020, the population was 12,026. The State of Florida
uses Bureau of Economic and Business Research (BEBR) numbers for calculations for budget and this
number is 12,071.
South Miami is served by the Miami Metrorail at the South Miami Station. The station is in the section U.S.
1 and Sunset Drive, and services the surrounding South Miami neighborhood, including South Miami
Hospital, Larkin Hospital, and the South Miami City government offices.
The City’s economy is greatly influenced by the economic condition of the entire Miami‐Dade
County. The major businesses in the City are service‐oriented, with the health care industry professional
services, restaurant and retail shops, and education and administrative services being the main employers.
Below is the breakdown of businesses within the City by category:
*INDUSTRY BY CLASS OF WORKER
SECTOR
ESTIMATE
Construction 294
Manufacturing 308
Wholesale trade 256
Retail trade 310
Transportation and Warehousing, and Utilities 357
Information 186
Finance and Insurance, and Real Estate, and Rental and Leasing 363
Professional, Scientific, Management & Admin, and Waste Management
Services 896
Educational Services, and Health Care and Social Assistance 1,418
Arts, Entertainment, and Recreation, and Accommodation and Food
Services 602
Other Services, Except Public Administration 285
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Public Administration 335
TOTAL FOR ALL SECTORS 5,610
Source: U.S. Census Bureau 2010 Form S2407 ‐ Industry by Class of Work for the Civilian Employed
Population 16‐Years and Over
* Information is based on data from year 2010. The Census data for year 2020 is not available as if the date
of this report.
3.2 SCOPE OF SERVICES
The Successful Proposer(s) shall provide Services to the City of South Miami in accordance with the scope
of services contained in the RFQ, and at the direction of the City’s Planning Department.
In efforts to improve Placemaking, Branding and Urban Planning initiatives for the City of South Miami,
the City is seeking to procure a qualified and experienced professional consulting firm to perform a full
range of placemaking, planning, urban design and branding services for specific community needs.
The area of the City to be included for these services shall include Sunset Drive (SW 72nd Street, West of
U.S. 1 (South Dixie Hwy) to SW 62nd Avenue to the EAST of U.S. 1 (South Dixie Hwy) to SW 57 Avenue,
and the surrounding side streets, (to SW 70th Street to the North and SW 74th Street to the South of Sunset
Drive). Refer to Attachment F: Map City of South Miami /Town Center/Hometown District Designated
for Placemaking, Urban Design and Branding Services.
The City is looking for a Consultant to provide an approach and methodology to implement street safety
and neighborhood improvement projects. A preferred process would include, but, not be limited to:
• A deliberate, phased approach to instigating change.
• The offering of local solutions for local planning challenges.
• Short-term commitment and realistic expectations.
• Low-risk/low-cost approach, with a possibility for high reward.
• The development of social capital and social cohesion among community members.
• Enhanced collaboration between public, private, and non-profits sectors.
The Consultant must ensure the approach is responsive and action-oriented, simultaneously testing the long-
term vision while making sure community needs are met in the short -term. The approach should be
inclusive and transparent and empower communities by engaging stakeholders as co-creators, enhances
resiliency by helping communities strengthen social connections and presents a low-cost and low-risk
option for experimenting with controversial projects. The approach should allow a host of local
stakeholders to test new concepts before making substantial political and financial commitments.
The approach may also include the implementation of asphalt art and murals on roadways and in public
spaces and the City would encourage the Consultant to provide a vision/plan for those designated areas in
the City. “Transportation Planning” can be a part of the approach one that enhances crosswalks, protected
bike lanes, parking and pavement art. The areas to be included for future infrastructure, but not limited to:
• Greenway & Trail Plans
• Bicycle & Pedestrian Planning
• Street Design Standards
• Street Network Planning & Design
• Comprehensive Plan Transportation Elements
• Re-striping and Signage Implementation Plans
• Quick Build Project Implementation Plans
• Complete Streets Design
• First and Last Mile Design Services
These plans should provide for a greater supply of usable public space, increased safety, comfort and
economic vitality. For example, the City’s Downtown area currently provides for outdoor dining and would
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encourage the development of “car-free” areas that would serve those multiple restaurants, shops and
boutiques, by creating “pedestrian friendly priority zones.”
A summary of the areas included designated for Urban Planning services shall include, but will not be
limited to, the following:
▪ Commercial Areas
o Resurfacing the sidewalks in the commercial area East of US-1;
o Removal of Black Olive trees and possibly other trees in the center of the sidewalk;
o Expand walkability of the sidewalks without expanding the sidewalks by removing
obstructions;
o New trash cans which bear the South Miami logo and match the new benches;
o Uniform Awnings;
o Color Palette;
o Improved signage for the Parking Garage;
o New trees (Bridal Veils or possible Japanese Ferns)/landscaping
▪ Urban Design
o Streetscape Design (Landscape, Lighting, Street Furniture)
o Landscape Design
o Concept Design
o Resilience and Green Infrastructure
o Parks and Open Space Planning
o Wayfinding Programs
o Place Making
▪ Public Art
o Arts, Cultural and Creative Economy Planning
o Strategic Planning
o Public Art Planning
o Creative Placemaking
o Cultural District Planning
▪ Historic Preservation
o Archaeological Site Survey
o Historic Resource and Cultural Management
3.3 BRANDING
The purpose of the Branding initiative is to differentiate South Miami from other surrounding
suburban communities in the area by developing a brand which may be used to market the City to
prospective businesses, developers, residents and visitors. The chosen agency shall provide The
City of South Miami with a market research study to determine the view of the City in neighboring
communities.
The Consultant must create an image for South Miami that can be easily and effectively utilized
across multiple graphic identity applications and communicative mediums such as signs,
letterheads, signage, social media marketing materials and websites. It should be noted, the City
of South Miami is currently in the process of undergoing a website redesign. Therefore, website
recreating or redesign need not be part of the agencies proposals. The City is also concurrently
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recruiting a planning consultant to potentially rewrite zoning and the Comprehensive Plan. Results
of that project should be taken into consideration.
The awarded Consultant shall research, create, and develop an implementation plan for a
community branding initiative for the Hometown District. The City of South Miami would like a
proposal that exemplifies the primary goals and objectives to be achieved by the branding initiative
and process:
▪ Uniformity – The brand should convey a common message and image to audiences both within
and outside of the City of South Miami.
▪ Community Identity/ Pride – Identify and promote what makes the City of South Miami distinct
and appealing in a regionally competitive environment for investors, businesses retailers,
visitors, and residents.
▪ Community and Economic Development Promotion – promote a healthy economy, attract
private investment, new residents and young professionals, and retain key businesses. A
defined message that will market the City of South Miami locally, statewide, nationall y, and
internationally as a great place to live, work, play and do business; the right place for
development, redevelopment and investment; the perfect mix for a business-friendly
community.
▪ Flexibility – The brand must be flexible and adaptable in order to meet the needs of a variety
of departments and municipal functions within the City of South Miami as well as groups and
businesses within the overall brand. It must also be flexible enough to grow and evolve along
with any changes in the market.
▪ Endorsement – The brand must be authentic and resonate with citizens, businesses, employees,
and community groups within the City of South Miami and throughout the region in order to
gain the broadest possible support for the initiatives. It must be releva nt to the City of South
Miami, but also reflect the desire to move forward.
Project Management – The consultant will lead all aspects of the City of South Miami community branding
initiative, including the following:
1. Facilitator - during the research process and/or testing of the new brand -Include
descriptions of community engagement efforts that will take place during this process. The City of
South Miami has a very involved and engaged community. The consultant will be expected to
employ creative means of public engagement to ensure that all segments of the community are
aware and involved in the project.
2. Research – Research will be the basis for the development of a brand concept, creative
elements and the overall brand initiative. The consultant will review previous studies conducted by
the City of South Miami to help implement strategies for the brand image and marketing campaign.
In addition:
a. Identifying the key elements of the Hometown District.
b. Analysis of current efforts and existing creative elements such as logos, tag lines, and
creative designs.
c. Analysis of competitor marketing strategies.
d. Measures that will be used to determine if the branding effort is successful.
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3. Strategic Plan – The consultant will develop strategic objectives that will include
implementation, management and ongoing promotion of the brand to include, but not be limited to
the following:
a. Promotion of the use of the brand among many City of South Miami and community
agencies,
groups and businesses while maintaining brand integrity.
b. Maintenance and consistency of brand image and messaging while providing suitable
flexibility for the target audiences of the participating agencies.
c. Recommendation of ways to articulate the brand; define markets and promotional
avenues;
and advise on strategies to better promote and create brand awareness.
4. Creative/Development of Brand – The consultant will develop creative elements that may
include Name, design concepts, logos, messages, tagline, and other products to support the overall
brand initiative. A minimum of three distinct creative options must be presented, based on the
results of the research. The selected name/logo design will be delivered with a style manual and
guidelines for use and the capability of use in the following:
a. Print and electronic advertising
c. Media placement
d. Public Relations
e. Outdoor signage and brand recognition
5. Implementation Matrix – The consultant will develop an action plan for implementation
of the brand in sufficient detail to allow staff to understand the approach and work plan. An Action
Plan should include, but not limited to the following:
a. Estimated costs/budget associated with the implementation process.
b. Proposed timelines for the development of creative elements.
c. Recommended positioning logo and brand guidelines.
d. Implementation plans for brand identity applications and brand identity maintenance
plan.
e. Potential funding sources
The Consultant should specialize in project management, research, marketing, and creative design as it
relates to development of a community brand. To be eligible to respond to the RFP, the consultant must
demonstrate that is a firm which significant experience with community branding initiatives. Priority will
be given to those firms that have experience with local governments.
The City of South Miami desires to issue a contract to a single qualified consultant to lead the project.
Consulting proposals based on a consortium approach where more than one firm will provide support within
a consulting team are acceptable.
The proposals from the consultant should specialize in project management, research, marketing, and
creative design as it relates to development of a community brand. The proposal should also entail
destination branding for the community.
3.4 PROPOSED KEY PERSONNEL/TEAM MEMBERS/QUALIFICATIONS:
Please refer to Sections 1.75 to 1.79 in the RFQ for Minimum Qualifications, Proof of Experience,
Previous Projects, Key Staff and Personnel.
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The Successful Consultant shall designate a primary lead individual, referred to as the “Lead Urban
Planner,” to lead all community planning and urban design efforts for the Project. In addition, the
Successful Consultant shall also designate a second lead individual, referred to as the "Project Manager" to
assist the Lead Urban Planner’s efforts. The Lead Urban Planner and the Project Manager shall both be
employed by the Consultant, shall not be the same individual, and they shall both meet the minimum
qualification requirements described herein. Duplication of responsibilities by any one of the proposed team
members is not allowed.
The Successful Consultant will serve as the City’s Community Planning, Placemaking, Branding
and Urban Design Consultant during any construction phase related to, or stemming from, this
Project. This RFQ has been initiated for planning, placemaking, branding and urban design
services only. Any design and/or construction activity related to, or stemming from, assignments
under the Project will be performed by firm(s) selected through a separate solicitation process
independent from this RFQ, or from the City’s existing Continuing Contracts for Professional &
Engineering & Architectural Services.
The Successful Consultant shall provide renderings / schematics and will have a workshop with
stakeholders, including the City Commission as part of the scope.
The Successful Consultant may perform work for various departments of the City including, but not
limited to the Planning Department, Building, Code Enforcement, Public Works, The Parks and
Recreation Department and The South Miami Police Department. The Successful Consultant shall
provide the services on an as-needed basis in accordance with projects to be identified by the City.
A more detailed scope of Services will be developed during the Negotiations phase and will be
included as Exhibit “A” of the proposed Agreement. The City, at its option, may elect to expand,
reduce, or delete the scope of Services to be provided by the Successful Consultant, where such action
does not alter the intent of the Agreement. A more detailed description of the positions required while
performing the scope of Services, and the minimum qualifications of the proposed Key Personnel, can
be found Sections 1.75 to 1.79. A detailed scope of work will be developed for each Work Order
issued.
The City of South Miami is undergoing a Roadway & Beautification Project along Sunset Drive
between US-1 and SW 57th Ave. Plans are provided as Attachment C.
Note: As further detailed in the ensuing Professional Services Agreement, as may be amended from time
to time, the City, acting by and through its City Manager or the City Manager’s authorized designee, prior
to issuance of any Notice to Proceed, or at other reasonable intervals decided by the City Manager, may
elect at the City’s discretion, to proceed with the Project on a phased basis.
END OF SECTION 3
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SECTION 4.
RESPONSE FORM PACKAGE
As provided in the ITB, the following items must be attached to this Response:
FORMS STATUS
Form 1 – Response Form Package Acknowledgement ❑
Form 2A. Respondent’s Certification (if Company or Corporation) ❑
Form 2B. Respondent’s Certification (if Partnership) ❑
Form 3. Single Execution Affidavits ❑
Form 4. Dispute Disclosure ❑
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility
Matters Primary Covered Transactions
❑
Form 6. Respondent’s Qualifications Survey ❑
Form 7. Key Staff and Proposed Subcontractors. ❑
Form 8. Reference List ❑
ATTACHMENTS
This competitive solicitation incorporates the following attachments, which should be reviewed thoroughly
and, if applicable, completed prior to submitting a response to this competitive solicitation.
The City is attaching the following Attachments:
Attachment A. Sample Contract
Attachment B. Declaration/Affidavit of Representation
Attachment C. Plans Roadway & Beautification Project along Sunset Drive
between US-1 and SW 57th Ave.
Attachment D. South Miami Complete Streets Policies and Design Manual
Prepared by the Corradino Group May 2016
Attachment E. South Miami Intermodal Transportation Plan
Prepared by Kimley Horn January 2015
Attachment F. Map City of South Miami /Town Center/Hometown District
Designated for Placemaking, Urban Design and Branding
Services
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FORM 1
RESPONSE FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Request for Qualifications RFQ No.
CSM2023-14. I agree that my Response will remain firm for a period of 180 days after opened by the City
in order to allow the City adequate time to evaluate the Response.
I certify that all information contained in this Response is truthful to the best of my knowledge and belief.
I further certify that I am duly authorized to submit this Response on behalf of the Firm named as the
Proposing Firm and that said Firm is ready, willing, and able to perform if awarded the Agreement.
I further certify, under oath, that this Response is made without prior understanding, agreement, connection,
discussion, or collusion with any other person, firm or corporation submitting a Response; no officer,
employee or agent of the City of South Miami or any other Respondent has an interest in said Response.
Furthermore, I certify that the undersigned executed this Response Form with full knowledge and
understanding of matters therein contained and was duly authorized.
I further certify that the Respondent acknowledges receipt of all Addenda issued by the City in connection
with the RFQ (Check the box next to each addendum received).
______ Addendum 1 Addendum 6
______ Addendum 2 Addendum 7
______ Addendum 3 Addendum 8
______ Addendum 4 Addendum 9
_______ Addendum 5 Addendum 10
Attached hereto are the following forms/documents which form a part of this Response:
❑ Form 1. Response Form Package Acknowledgement.
❑ Form 2A. Respondent’s Certification (if Company or Corporation)
❑ Form 2B. Respondent’s Certification (if Partnership)
❑ Form 3. Single Execution Affidavits
❑ Form 4. Dispute Disclosure
❑ Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters
Primary Covered Transactions
❑ Form 6. Respondent’s Qualifications Survey
❑ Form 7. Key Staff and Proposed Subcontractors
❑ Form 8. Reference List
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FORM 1
RESPONSE FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
___________________________________________
NAME OF RESPONDENT FIRM
____________________________________________
SIGNATURE OF RESPONDENT
____________________________________________
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
____________________________________________
____________________________________________
(____) ______________________________________
TELEPHONE NUMBER
State of Florida
County of
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
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FORM 2A
RESPONDENT’S CERTIFICATION
(if Company or Corporation)
CERTIFICATE
STATE OF _____________ )
) SS
COUNTY OF ___________ )
I HEREBY CERTIFY that a meeting of the Board of Directors of
___________________________________________________________________
a corporation or company existing under the laws of the State of _________________________, held on
______________________, 2023, the following resolution was duly passed and adopted:
RESOLVED, that, as _____________of the Corporation/Company, be and is hereby authorized to
execute the Response dated, __________, 2023 to the City of South Miami for RFQ NO.
CSM202314 PLACEMAKING, BRANDING, AND URBAN DESIGN SERVICES, and that
this execution thereof, attested by the Secretary of the Corporation/Company, and with the
Corporate/Company Seal affixed, shall be the official act and deed of this Corporation/Company.
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
corporation/company on this the _____________ of ___________, 2023.
_______________________
Secretary
(SEAL)
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FORM 2B
RESPONDENT’S CERTIFICATION
(if Partnership)
CERTIFICATE
STATE OF ____________ )
) SS
COUNTY OF __________ )
I HEREBY CERTIFY that a meeting of the Partners of ____________________
_____________________________________________________________________, a partnership
existing under the laws of the State of _________________________, held on ____________________,
2023, the following resolution was duly passed and adopted:
“RESOLVED, that _____________________________________________,
as_____________________________________________________________of the Partnership, be and is
hereby authorized to execute the Response dated ______________, 2023, to the City of South Miami for
RFQ NO. CSM2023-14 PLACEMAKING, BRANDING, AND URBAN DESIGN SERVICES from
this partnership and that his execution of thereof, attested by the shall be the official act and deed of this
Partnership.”
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this _____, day of ________, 2023.
_______________________
Secretary
(SEAL)
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FORM 3
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE
RESPONDENT OR RESPONDENT AND NOTARIZED BELOW. IN THE EVENT THE
RESPONDENT OR RESPONDENT CANNOT SWEAR TO ANY OF THESE AFFIDAVIT
STATEMENTS, THE RESPONDENT OR RESPONDENT IS DEEMED TO BE NON-
RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A RESPONSE. THESE SINGLE
EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOUTH MIAMI AND ARE
STATEMENTS MADE:
By:
For (Name of Proposing or Responding Entity):
Whose business address is:
And (if applicable) its Federal Employer Identification Number (FEIN) is:
(if the entity does not have an FEIN, include the Social Security Number of the individual signing this
sworn statement. SS#: )
Americans with Disabilities Act Compliance Affidavit
The above named firm, corporation or organization is in compliance with and agrees to continue to comply
with, and assure that any subcontractor, or third party contractor under this project complies with all
applicable requirements of the laws listed below including, but not limited to, those provisions pertaining
to employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
• The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC
1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
• The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section
553.501-553.513, Florida Statutes:
• The Rehabilitation Act of 1973, 229 USC Section 794;
• The Federal Transit Act, as amended 49 USC Section 1612;
• The Fair Housing Act as amended 42 USC Section 3601-3631.
Respondent Initials
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Public Entity Crimes Affidavit
I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity crime. The term “affiliate” includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or
a 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.
I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid 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, and partners, shareholders, employees,
members, and agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to the entity
submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate
of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate
of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division
of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not
in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach
100 of 151 135
a copy of the final order).
I understand that the submission of this form to the contracting officer for the public entity identified in
paragraph 1 above is for that public entity only and that this form is valid through December 31 of the
calendar year in which it is filed. I also understand that I am required to inform the public entity prior to
entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes for
category two of any change in the information contained in this form.
Respondent Initials
No Conflict of Interest or Contingent Fee Affidavit
Respondent warrants that neither it nor any principal, employee, agent, representative nor family member
has paid or will pay any fee or consideration that is contingent on the award or execution of a contract
arising out of this solicitation. Respondent also warrants that neither it nor any principal, employee, agent,
representative nor family member has procured or attempted to procure this contract in violation of any of
the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics
ordinances. Further, Respondent acknowledges that any violation of these warrants will result in the
termination of the contract and forfeiture of funds paid or to be paid to the Respondent should the
Respondent be selected for the performance of this contract.
Respondent Initials
Business Entity Affidavit
Respondent hereby recognizes and certifies that no elected official, board member, or employee of the City
of South Miami (the " City”) shall have a financial interest directly or indirectly in this transaction or any
compensation to be paid under or through this transaction, and further, that no City employee, nor any
elected or appointed officer (including City board members) of the City, nor any spouse, parent or child of
such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor
of Respondent or Vendor, and further, that no such City employee or elected or appointed officer, or the
spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor
or Respondent. Material interest means direct or indirect ownership of more than 5% of the total assets or
capital stock of the Respondent. Any exception to these above described restrictions must be expressly
provided by applicable law or ordinance and be confirmed in writing by City. Further, Respondent
recognizes that with respect to this transaction or bid, if any Respondent violates or is a party to a violation
of the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as
applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers
and Employees, such Respondent may be disqualified from furnishing the goods or services for which the
bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for goods or
services to City.
Respondent Initials
Anti-Collusion Affidavit
1. Respondent/Respondent has personal knowledge of the matters set forth in its Response and is fully
informed respecting the preparation and contents of the attached Response and all pertinent
circumstances respecting the Bid;
2. The Response is genuine and is not a collusive or sham Response; and
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3. Neither the Respondent/Respondent nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or
agreed, directly or indirectly with any other Respondent/Respondent, firm, or person to submit a
collusive or sham Response, or has in any manner, directly or indirectly, sought by agreement or
collusion or communication or conference with any other Respondent/Respondent, firm, or person to
fix the price or prices in the attached Response or of any other Respondent/Respondent, or to fix any
overhead, profit, or cost element of the Response price or the Response price of any other
Respondent/Respondent, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against the City or any person interested in the proposed Contract.
__________
Respondent Initials
Scrutinized Company Certification
1. Respondent certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott
Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that
may result from this RFQ at its sole option if the Respondent or its subcontractors are found to have
submitted a false certification; or if the Respondent, or its subcontractors are placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the
Agreement.
2. If the Agreement that may result from this RFQ is for more than one million dollars, the Respondent
certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in
Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged
with business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section
287.135, F.S., the City may immediately terminate the Agreement that may result from this RFQ at its
sole option if the Respondent, its affiliates, or its subcontractors are found to have submitted a false
certification; or if the Respondent, its affiliates, or its subcontractors are placed on the Scrutinized
Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of
the Agreement.
3. The Respondent agrees to observe the above requirements for applicable subcontracts entered into for
the performance of work under the Agreement that may result from this RFQ. As provided in
Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions
then they shall become inoperative.
Respondent Initials
Drug-Free Workplace Affidavit
Respondent hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses
with drug-free workplace programs when two responses are equal with respect to price, quality, and
service. Respondent understands that in order to qualify as a drug-free workplace, Respondent must:
a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
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b) Inform employees about the dangers of drug abuse in the workplace, the Respondent’s policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
1) Give each employee engaged in providing commodities or contractual services under the
ITB a copy of the statement specified in subsection (1).
2) Notify employees that, as a condition of working on the commodities or contractual
services under the ITB, the employee must abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893
or of any controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
3) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee’s community, by any employee who is
so convicted.
4) Make a good faith effort to continue to maintain a drug-free workplace through the
implementation of this section.
Based on information and belief, the statement, which I have marked below, is true in relations to the entity
submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the
requirements set forth under F.S. § 287.087.
The entity submitting this sworn statement is not a drug-free workplace.
Respondent Initials
City Non-Discrimination Requirements Affidavit
Respondent understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City
will not enter into or award a contract to an entity engaged in a boycott.
Respondent understands that “Boycott” as defined under Section 3-1.1 of the Code of the City of South
Miami means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist
or otherwise refuse to deal with a person or entity when the action is based on race, color, national origin,
religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a
discriminatory manner. The term boycott does not include a decision based upon business or economic
reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or
required by federal law or state law.
Respondent certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1.1 of the
Code of the City of South Miami.
Respondent Initials
Acknowledgment, Warranty, and Acceptance
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1. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules
and regulations.
2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of RFQ
No. CSM2023-XX and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement
without the prior written permission of the City Commission or City Manager, as applicable.
4. Contractor warrants that all information provided by it in connection with this Response is true and
accurate.
Respondent Initials
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
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In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
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FORM 4
DISPUTE DISCLOSURE
Answer the following questions by placing an “X” after “Yes” or “No”. If you answer “Yes”, please
explain in the space provided, or on a separate sheet attached to this form.
1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (5) years?
YES __________ NO __________
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years?
YES __________ NO __________
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business?
YES __________ NO __________
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state
a brief description of the case, the outcome or status of the suit and the monetary amounts of extended
contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of
this Response for the City of South Miami.
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
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FORM 5
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal
Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small
Business Administration.
(1) The prospective primary participant certifies to the best of its knowledge and belief that it
and its principals:
(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective primary participant shall attach an explanation to this
Statement of Qualifications.
Entity Name: _________________________________________________________
Date: _________________________ By:
Signature of Authorized Representative
Name and Title of Authorized Representative
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FORM 6
RESPONDENT’S QUALIFICATIONS SURVEY
COMPANY QUALIFICATIONS QUESTIONNAIRE
Please complete this Company Qualifications Questionnaire. By completing this form and submitting a
response to the RFQ, you certify that any and all information contained in the Response is true, that your
response to the RFQ is made without prior understanding, agreement, or connections with any corporation,
firm or person submitting a response to the ITB for the same materials, supplies, equipment, or services, is
in all respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the
RFQ, and certify that you are authorized to sign for the Respondent’s firm.
Some responses may require the inclusion of separate attachments. Separate attachments should be as
concise as possible, while including the requested information. In no event should the total page count of
all attachments to this Form exceed five (5) pages. Some information may not be applicable; in such
instances, please insert “N/A”.
Firm Name
Principal Business Address
Telephone Number Facsimile Number
Email Address
Federal I.D. No. or Social Security Number
Municipal Business Tax/Occupational License No.
FIRM HISTORY AND INFORMATION
How many years has the firm has been in business under its current name and ownership?
Please identify the Firm’s document number with the Florida Division of Corporations and date the Firm
registered/filed to conduct business in the State of Florida:
Document Number Date Filed
Please identify the Firm’s category with the Florida Department of Business Professional Regulation
(DBPR), DBPR license number, and date licensed by DBPR:
Category License No. Date Licensed
Please indicate the type of entity form of the Firm (if other, please describe):
□ Individual □ Partnership □ Corporation □ LLC □ LLP □ Other
Please identify the Firm’s primary business:
108 of 151 143
Please identify the number of continuous years your Firm has performed its primary business:
Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and any Key
Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the
name of the entity that issued the license or certification:
License/Certification
Type
Name of Entity Issuing
License or
Certification
License No. License Issuance Date
Please identify the name, license number, and issuance date of any prior companies that pertain to your
Firm:
License/Certification
Type
Name of Entity Issuing
License or
Certification
License No. License Issuance Date
Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their
signing authority:
Authorized Signor’s Name Title Signing Authority Threshold
(All, Cost up to $X-Amount, No Cost, Other)
Please identify the total number of Firm employees, managerial/administrative employees, and identify the
total number of trades employees by trade (e.g., 20 electricians, 5 laborers, etc.):
Total No. of Employees
Total No. of Managerial/Administrative
Employees
Total No. of Trades Employees by Trade
INSURANCE INFORMATION
Please provide the following information about the Firm’s insurance company:
Insurance Carrier Name Insurance Carrier Contact Person
Insurance Carrier Address Telephone No. Email
Has the Firm filed any insurance claims in the last five (5) years? □ No □ Yes If yes, please
identify the type of claim and the amount paid out under the claim:
FIRM OWNERSHIP
Please identify all Firm owners or partners, their title, and percent of ownership:
109 of 151 144
Owner/Partner Name Title Ownership (%)
Please identify whether any of the owners/partners identified above are owners/partners in another entity:
□ No □ Yes If yes, please identify the name of the owner/partner, the other entity’s name, and percent
of ownership held by the stated owner/partner:
Owner/Partner Name Other Entity Name Ownership (%)
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your Firm has provided services to other public
entities:
Public Entity Contact Person Telephone No. Email Address Date Awarded
By signing below, Respondent certifies that the information contained herein is complete and accurate to
the best of Respondent’s knowledge.
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
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FORM 7
KEY STAFF & PROPOSED SUBCONTRACTORS
KEY STAFF
Please complete the following chart with the Firm’s proposed Key Staff. If additional space is required,
please copy/duplicate this page and attach to this Form. Additional space: □ No □ Yes
Name Title Years of
Experience
Years
with
Firm
Licenses/Certifications
Please explain the Firm’s ability and resources to substitute personnel with equal or higher qualifications
than the Key Staff they will substitute for where substitute is required due to attrition, turnover, or a specific
request by the City:
Please identify each Key Staff member’s engagement commitments that will exist concurrently with the
City’s Services:
Key Staff Name Area of Responsibility Client Commitment
(Hours/week)
Period of
Engagement
111 of 151 146
Key Staff Name Area of Responsibility Client Commitment
(Hours/week)
Period of
Engagement
PROPOSED SUBCONTRACTORS
The undersigned Respondent hereby designates, as follows, all major subcontractors whom they propose
to utilize for the major areas of work for the services. The Respondent is further notified that all
subcontractors shall be properly licensed, bondable, and shall be required to furnish the City with a
Certificate of Insurance in accordance with the contract general conditions. Failure to furnish this
information shall be grounds for rejection of the Respondent’s RFQ submission. (If no subcontractors are
proposed, state “None” on first line below.)
Subcontractor Name & Address Scope of Work License Number
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
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FORM 8
REFERENCE LIST
IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM,
RESPONDENT SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #1
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
113 of 151 148
REFERENCE #2
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
114 of 151 149
REFERENCE #3
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
END OF SECTION 4
115 of 151 150
ATTACHMENT A
SAMPLE CONTRACT
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
NAME OF ENTITY
THIS AGREEMENT (this “Agreement”) is made effective as of the day of
, 2023 (the “Effective Date”), by and between the CITY OF
SOUTH MIAMI, a Florida municipal corporation, (hereinafter the “City”), and NAME OF
ENTITY, a Florida [type of entity], (hereinafter, the “Consultant”).
WHEREAS, the City desires placemaking, branding, and urban design services (the
“Services”) for the City’s Hometown District; and
WHEREAS, the Consultant will perform services on behalf of the City, all as further set
forth in the Proposal dated , 2023, attached hereto as Exhibit “A” (the
“Services”); and
WHEREAS, the Consultant and City, through mutual negotiation, have agreed upon a fee
for the Services; and
WHEREAS, the City desires to engage the Consultant to perform the Services and provide
the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the City agree as follows:
1. Scope of Services.
1.1. Consultant shall provide the Services set forth in the Proposal attached hereto as Exhibit
“A” and incorporated herein by reference (the “Services”).
1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
“Deliverables”) to the City.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through [INSERT LENGTH
OF CONTRACT] thereafter, unless earlier terminated in accordance with Paragraph 8.
Additionally, the City Manager may renew this Agreement for [X] additional [Y] year
periods on the same terms as set forth herein upon written notice to the Consultant.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
within the term of this Agreement, unless extended by the City Manager.
116 of 151 151
3. Compensation and Payment.
3.1. Compensation for Services provided by Consultant shall be in accordance with the Proposal
attached hereto as Exhibit “A.” Consultant shall be compensated a flat rate lump sum fee
in the amount of $XXXX.XX per month.
3.2. Consultant shall deliver an invoice to City no more often than once per month detailing
Services completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pursuant to Consultant’s invoice, which shall be based upon the
percentage of work completed for each task invoiced. The City shall pay the Consultant in
accordance with the Florida Prompt Payment Act after approval and acceptance of the
Services by the City Manager.
4. Subconsultants.
4.1. The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the City Manager, which approval may be granted or withheld in the City
Manager’s sole and absolute discretion.
5. City’s Responsibilities.
5.1. City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the City, and
provide criteria requested by Consultant to assist Consultant in performing the Services.
5.2. Upon Consultant’s request, City shall reasonably cooperate in arranging access to public
information that may be required for Consultant to perform the Services.
6. Consultant’s Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Consultant’s Deliverables
or Services are incorrect, not properly rendered, defective, or fail to conform to City
requests, the Consultant shall at Consultant’s sole expense, immediately corre ct its
Deliverables or Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the
Services for City as an independent contractor of the City. Consultant further warrants and
represents that it has the required knowledge, expertise, and experience to perform the
Services and carry out its obligations under this Agreement in a professional and first class
manner.
117 of 151 152
6.3. The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City.
8. Termination.
8.1. The City Manager, without cause, may terminate this Agreement upon five (5) calendar
days written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the City's written notice of termination, Consultant shall immediately stop
work on the project unless directed otherwise by the City Manager.
8.3. In the event of termination by the City, the Consultant shall be paid for all work accepted
by the City Manager up to the date of termination, provided that the Consultant has first
complied with the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the project to the City, in a hard copy and electronic
format within fourteen (14) days from the date of the written notice of termination or the
date of expiration of this Agreement.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better
by A.M. Best and qualified to do business in the State of Florida. The insurance coverage
shall be primary insurance with respect to the City, its officials, employees, agents, and
volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Consultant’s insurance and shall not contribute to the Consultant’s
insurance. The insurance coverages shall include at a minimum the amounts set forth in
this section and may be increased by the City as it deems necessary or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Consultant. The General Aggregate Liability limit
118 of 151 153
and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the Consultant shall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker’s
Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured (except with respect to Professional Liability
Insurance and Worker’s Compensation Insurance), no later than ten (10) days after award
of this Agreement and prior to the execution of this Agreement by City and prior to
commencing Services. Each certificate shall include no less than (30) thirty-day advance
written notice to City prior to cancellation, termination, or material alt eration of said
policies or insurance. The Consultant shall be responsible for assuring that the insurance
certificates required by this Section remain in full force and effect for the duration of this
Agreement, including any extensions or renewals that may be granted by the City. The
Certificates of Insurance shall not only name the types of policy(ies) provided, but also
shall refer specifically to this Agreement and shall state that such insurance is as required
by this Agreement. The City reserves the right to inspect and return a certified copy of
such policies, upon written request by the City. If a policy is due to expire prior to the
completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days’ written notice shall
be provided to the City before any policy or coverage is cancelled or restricted.
Acceptance of the Certificate(s) is subject to approval of the City.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker’s
Compensation Insurance, the City is to be specifically included as an Additional Insured
for the liability of the City resulting from Services performed by or on behalf of the
Consultant in performance of this Agreement. The Consultant’s insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the City shall be in excess of and shall not contribute to the
Consultant’s insurance. The Consultant’s insurance shall contain a severability of interest
provision providing that, except with respect to the total limits of liability, the insurance
119 of 151 154
shall apply to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be
reasonably approved by the City. The Consultant shall be responsible for the payment of
any deductible or self-insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color, religion,
sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and all appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Consultant’s performance or non-
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Consultant and third parties made pursuant to this
Agreement. Consultant shall reimburse the City for all its expenses including reasonable
attorneys’ fees and costs incurred in and about the defense of any such claim or
investigation and for any judgment or damages arising from Consultant’s performance or
non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the City
nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. The City is subject to
section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties (or their successors) at the addresses listed on the signature
120 of 151 155
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the City which are conceived, developed or made by Consultant during the term of this
Agreement (“Work Product”) belong to the City. Consultant shall promptly disclose such
Work Product to the City and perform all actions reasonably requested by the City
(whether during or after the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant’s possession
or control in connection with Consultant’s performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Consultant involving transactions related to this
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed, except as authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records are transferred to the City.
16.3. Upon request from the City’s custodian of public records, Consultant shall provide
the City 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 by Chapter 119,
Florida Statutes, or as otherwise provided by law.
16.4. 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 this
Agreement are and shall remain the property of the City.
121 of 151 156
16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Consultant shall be delivered to
the City in a format that is compatible with the City’s information technology systems.
Once the public records have been delivered upon completion or termination of this
Agreement, the Consultant shall destroy any and all duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are received
as provided herein.
16.7. Consultant’s failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE
CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address: 6130 Sunset Drive
South Miami, FL 33143
Telephone number: 305-663-6340
Email: NPayne@southmiamifl.gov
17. Nonassignability. This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications and expertise of the Consultant, and such firm’s familiarity with the City’s area,
circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the City with respect to
all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
122 of 151 157
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencie s
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires
all contractors doing business with the City to register with and use the E -Verify system to
verify the work authorization status of all newly hired employees. The City will not enter into
a contract unless each party to the contract registers with and uses the E-Verify system. The
contracting entity must provide its proof of enrollment in E-Verify. For instructions on how to
provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-
verify. By entering into this Agreement, the Contractor acknowledges that it has read Section
448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section
448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from
subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
[Remainder of page intentionally left blank.
Signature page and E-Verify Affidavit follows.]
123 of 151 158
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the City to register with and use the E-Verify system to verify the work authorization
status of all newly hired employees. The City will not enter into a contract unless each party to the
contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
☐ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
124 of 151 159
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
Attest:
By:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro “Chip” Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
CONSULTANT
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
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ATTACHMENT B
DECLARATION/AFFIDAVIT OF REPRESENTATION
This Affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28 -14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review, or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation. The Affidavit must be
filed by with the City Clerk's office at the time a response, bid, or proposal is submitted to the City. For
the purpose of this solicitation only, the members listed for the presentation team, with the exception of any
person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No
person may appear before any committee on behalf of an anyone unless he or she has been listed as part of
the firm's presentation team pursuant to this Affidavit or unless he or she is registered with the City Clerk's
office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to Section 92.525(2), Florida Statutes, the undersigned, ________________, makes the following
declaration under penalties of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents.
NAME TITLE
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it
are true and specifically, that the persons listed above are the members of the presentation team of the entity
listed below.
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ATTACHMENT C
PLANS ROADWAY AND BEAUTIFICATION PROJECT
ALONG SUNSET DRIVE BETWEEN US-1 AND SW 57TH AVENUE
LINK TO DOCUMENT:
https://southmiamiflgov-my.sharepoint.com/:b:/g/personal/skulick_southmiamifl_gov/EUQTc-
3dkk1GoJIorEOh_TsBUn1397-WFlDy54E7gMkKmQ?e=B6fwd6
127 of 151 162
ATTACHMENT D
SOUTH MIAMI COMPLETE STREETS POLICIES AND DESIGN MANUAL
PREPARED BY THE CORRADINO GROUP MAY 2016
LINK TO DOCUMENT:
https://southmiamiflgov-
my.sharepoint.com/:b:/g/personal/skulick_southmiamifl_gov/Eectu0f6cydDo1Gj5Vc55iMBtJZUn7
XKkWBj9HoHFGgECQ?e=fuU8ZX
128 of 151 163
ATTACHMENT E
South Miami Intermodal Transportation Plan
Prepared by Kimley Horn January 2015
LINK TO DOCUMENT:
https://southmiamiflgov-
my.sharepoint.com/:b:/g/personal/skulick_southmiamifl_gov/EYL3fauIKxZEhPgWnLbahrMB8jA
Cw6Vd025FGk1uOJ8pLg?e=j1syVW
129 of 151 164
ATTACHMENT F
Map City of South Miami /Town Center/Hometown District Designated for Placemaking, Branding and Urban Design Services
130 of 151 165
END OF DOCUMENT
131 of 151 166
132 of 151 167
RESOLUTION NO. 015-24-16120
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING TASK 1 OF THE PROJECT SCOPE
FROM PLUS URBIA LLC D/B/A PLUSURBIA DESIGN FOR
PLACEMAKING, BRANDING, AND URBAN DESIGN
SERVICES FOR THE PORTION OF THE HOMETOWN
DISTRICT LOCATED ON SUNSET DRIVE AND
ADJACENT STREETS; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City") desires to obtain placemaking,
branding, and urban design services (the "Services") for the City's Hometown District; and
WHEREAS, on September 1, 2023, the City issued a Request for Qualifications ("RFQ")
No. CSM2023-14 to obtain the Services for the Hometown District; and
WHEREAS, a Selection Committee appointed by the City Manager and City Commission
evaluated the responses received by the RFQ deadline and ranked Plus Urbia LLC d/b/a Plusurbia
Design (the "Consultant") as the highest-ranked responsible and qualified respondent to provide
the Services for the City; and
WHEREAS, on January 16, 2024, the City Commission adopted a Resolution selecting
the Consultant for the provision of the Services for the Hometown District and directed the City
Manager to negotiate an Agreement and a project scope for the provision of the Services for the
Hometown District with the Consultant; and
WHEREAS, the Consultant has provided a Project Scope, attached hereto as Exhibit "A,"
for the provision of the Services for the portion of the Hometown District located on Sunset Drive
and its adjacent streets (the "Phase I Scope"); and
WHEREAS, the City Commission desires to approve Task 1 (Data Collection and Existing
Conditions Assessment) of the Phase 1 Scope attached hereto as Exhibit "A", for a not to exceed
amount of $120,195.00; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
133 of 151 168
Res. No. 015-24-16120
Section 2. Approval of Project Scope. Th e City Commission hereby approves Task
1 (Data Collection and Existing Conditions Assessment) of the Phase 1 Scope attached hereto as
Exh ibit "A," for a not to exceed amoun t of $120,195.00.
Section 3. Implementation. The City Manager is authorized to take any and all
actions necessary to implement Task 1 of the Phase I Scope into the agreement to be negotiated
between the City and the Consultant and the purposes of this Resolution.
Section 4. Concctions. 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 5.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 6 th day ofFebrmuy. 2024.
ATTEST:
mvC~
READ AND APPROVED AS TO FORM ,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
WEISS SEROTA HELFMAN COLE
& BIERMAN, P.L.
CITY ATTORNEY
APPROVED· M€5);-
COMMISSION VOTE: 5-0
Mayor Fernandez: Yea
Vice Mayor Bonich: Yea
Commissioner Calle: Yea
Commissioner Liebman: Yea
Commissioner Corey: Yea
Page 2 of2
Agenda Item No:8.
City Commission Agenda Item Report
Meeting Date: February 6, 2024
Submitted by: Roger Pou
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING THE PROJECT SCOPE FROM PLUS URBIA LLC D/B/A PLUSURBIA DESIGN FOR
PLACEMAKING, BRANDING, AND URBAN DESIGN SERVICES FOR THE PORTION OF THE HOMETOWN
DISTRICT LOCATED ON SUNSET DRIVE AND ADJACENT STREETS; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER)
Suggested Action:
Attachments:
Placemaking_memo.docx
4841583-Resolution Approving Phase 1 Project Scope with Plus Urbia for Placemaking Branding and Design
Services.docx
20240130-SOUTH MIAMI SCOPE_PUD.pdf
20240123-SOMI-Draft Project Area-R02.png
1134 of 151 169
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Genaro “Chip” Iglesias, City Manager
DATE: February 6, 2024
SUBJECT: Placemaking, branding, and urban design scope
RECOMMENDATION:
Approve the attached project scope for placemaking, branding, and urban design services for
Sunset Drive and the adjacent streets.
BACKGROUND:
On September 1, 2023, the City issued a Request for Qualifications (“RFQ”) No. CSM2023-14 to
obtain the Services for the Hometown District.A Selection Committee evaluated the responses
received by the RFQ deadline and ranked Plusurbia LLC d/b/a Plusurbia Design (the “Consultant”)
as the highest-ranked responsible and qualified respondent to provide the Services for the City. On
January 16, 2024, the City Manager recommended selection of Plusurbia Design and was approved
by resolution thereby adopting and selecting the Consultant for the provision of the Services for
the Hometown District and directing the City Manager to negotiate an Agreement and a project
scope for the provision of the Services for the Hometown District with the Consultant.
The Consultant has provided a Project Scope, attached hereto as Exhibit “A,” for the provision of
the Services for the portion of the Hometown District located on Sunset Drive and its adjacent
streets (the “Phase 1 Scope”).
ATTACHMENTS:
Proposed resolution
Scope
2135 of 151 170
Project: Sunset Drive - South Miami
PO#: 202400
Sheet: Scope + Fee
DISCOVERY 1 MONTH
DESIGN 3 MONTHS
SUNSET DRIVE + ADJACENT
FEES
Task 1: Data Collection and Existing Conditions Assessment Description:
$5,950.00
$5,965.00
$37,850.00
$8,610.00
$3,360.00
$2,070.00
$1,840.00
$3,280.00
$16,650.00
$10,215.00
$13,975.00
$10,430.00
TASK 1: SUBTOTAL $120,195.00
Task 2: Multimodal Planning
$39,670.00
Task 3: Streetscape & Placemaking (Identity)Description:
Define Study Area Limits
Surveys & Traffic Studies
ROW Assessment
Safety Assessment
Economic Conditions
Foot Traffic Trends
Regulatory Efficiency
Opportunities Assessment
Multimodal Conditions Assessment
Frontage and Land Use Assessment
Vegetative Assessment
Transportation / Mobility Assessment
Multimodal (Mobility) Plan The team will prepare recommendations to enhance
access conditions for bike/ped users as well as to addresss
micromobility needs. Recommendations from this plan
will inform the streetscpae design phase.
Collect existing base material
Team to map and assess existing street typologies and
sidewalk conditions. Team to assess current on-street
parking conditions.
Team to gather and analyse existing crash data (including
bike/ped)
Team to assess the corridor and surrounding area's
economic conditions, including commercial and residential
real estate trends, consumer behavior and supply and
demand, business investment and startups, tax base
assessment, demographics, labor and workforce trends.
Team will assess the corridor's customer and employee
foot traffic trends utilizing Placer.ai and other data to
identify near real-time behavior and impacts.
Team to assess the corridor and surrounding area's
regulatory structure from the perspective of facilitating
economic growth within the context of the city and
community's vision.
Team to identify initial opportunities for enhancement of
the corridor and surrounding area as a place that people
want to be and where customer spending and investment
consistent with the vision is feasible and encouraged.
Team to assess safety and access conditions of multimodal
facilities including intersection and crossing conditions for
non-motorized users. This subtask probably includes a
walking audit along the study area.
Team to gather and analyze frontage conditions, current
zoning, existing land uses, and Future Land Use
designations. Team to identify existing and potential
future conditions that interacts with the street space.
Team to assess existing vegetation along the corridors to
understand opportunities and constraints. Team to assess
canopy coverage and urban heat island for area.
Team to gather and analyze traffic speeds and volumes
within the study area. The team will also assess
signalization/ops conditions, as well as transit conditions
(service/frequency/ridership)
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Planning-Level Concept Alternatives (3)
Branding/ Signage /Wayfinding
Typical Street Sections
Preliminary concept alternatives renderings/sketches
Traffic model scenarios / fatal-flaw analysis of proposed
alternatives (Build Scenarios)
Concept Alternatives Refinement
Illustrative Plan
Preferred Alternative Renderings/Eye-level Views
Steering Committee Meetings (Monthly - Virtual Meetings)
Stakeholder Meetings (During Discovery)
Open House (During Discovery Phase)
Discovery Workshop / Community Meeting (During Design
Phase- part of Task 2)
Corridor Alternatives Workshop / Community Meeting
(During Design Phase) (Drafts)
Presentations to City Commission (Once Arrived to Preferred
Alternative)
Schematic Design (35% Level)
Site Plan
Hardscape Plan
Planting Plan
Street Lighting Plan
Street Furniture Plan
Irrigation Layout Plan
Typical Sections
Details/ Specifications
Design Development (50% Level)
Hardscape Plan
Planting Plan
Street Lighting Plan
Street Furniture Plan
Irrigation Layout Plan
Typical Sections
Tree Removal/Protection Plan
Details/ Specifications
Construction Documents (80%-100% Level)
This is where the team prepares planning-level conceptual
alternatives and the formulation of an achievable design
(“Placemaking”) resulting from a melding of urban design,
landscape architecture, urban planning and engineering
principles.
City to identify and appoint committee members. Keeping
this working group to aproximately 8 people would be
ideal. (ideally these would be technical in nature: FDOT,
MDC, PW, etc.)
This is where we prepare and conduct public participation
to maintain an open line of communication that will
encourage cooperation from the community and
stakeholders. This plan runs through the entire project
timeline.
This is where the team will provide one full set of
construction documents developed in 3 design phases. The
design and construction documentation phase is a pivotal
stage in the process. It's where the conceptual and
schematic designs are translated into detailed plans and
specifications that will guide the actual construction of the
project. This phase is characterized by precision, detail,
and the involvement of various professionals to ensure the
accuracy and feasibility of the project. Plan sheets assume
a scale of 1"= 20' , sheet size 11x17 = 9 plan sheets of each
$68,720.00
$54,160.00
$34,730.00
$41,060.00
$23,975.00
$25,730.00
$21,295.00
$17,875.00
TASK 2 + 3: SUBTOTAL $327,215.00
Task 4: Managing Public Participation Efforts Description:
$25,320.00
$23,320.00
$21,400.00
$29,700.00
$23,650.00
$7,670.00
TASK 4: SUBTOTAL $145,240.00
Task 5: Design and Construction Drawings Description:
$4,940.00
$15,270.00
$9,070.00
$4,030.00
$8,150.00
$6,550.00
$5,285.00
$7,245.00
$23,820.00
$15,420.00
$8,790.00
$10,660.00
$11,330.00
$9,050.00
$15,220.00
$5,720.00
DIALOG (with Community)3 MONTHS concurrent with Task 2-3
DOCUMENTATION 8-10 MONTHS
SUNSET DRIVE ONLY *CDs for other streets will be performed under separate tasks.
6137 of 151 172
Hardscape Plan
Planting Plan
Street Lighting Plan
Street Furniture Plan
Irrigation Layout Plan
Typical Sections
Tree Removal/Protection Plan
Details/ Specifications
Permitting
Bid Package Preparation
Bidding Assistance
Construction Meetings (24)
RFIS/ Shop Drawings
Site Visits (12)
Substantial Completion
Final Completion
Project Closeout
$32,220.00
$12,420.00
$12,420.00
$7,470.00
$7,980.00
$10,275.00
$6,860.00
$6,800.00
$14,460.00
TASK 5: SUBTOTAL $310,915.00
CONSTRUCTION ADMIN
$10,235.00
$6,495.00
$27,070.00
$12,620.00
$13,760.00
$8,760.00
$6,240.00
$6,240.00
$91,420.00
Construction administration is where the Team will shift its
role from design to overseeing the construction to ensure
that the streetscape is constructed as per the design
specifications (Quality Control Role)
CA: SUBTOTAL
GRAND TOTAL $994,985.00
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DRA IFT PROJECT AREA
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
PLUS URBIA, LLC D/B/A PLUSURBIA DESIGN
,_ THIS AGREEMENT (this "Agreement") is made effective as of the lth-day of
r-eb:u ~ ~'i rn (the "Effective Date"), by and between the CITY OF
SOUTH Mlit I, a Florida municipal corporation, (the "City"), and PLUS URBIA, LLC D/B/A
PLUSURBIA DESIGN, a Florida limited liability company (the "Consultant").
WHEREAS, the City desires placemaking, branding, and urban design services
(the "Services," as further defined herein) for the City's Hometown District; and
WHEREAS, on September I, 2023, the City issued Request for Qualifications No.
CSM2023-14 (the "RFQ") for the Services; and
WHEREAS, on January 16, 2024, the City Commission adopted Resolution No.O6-J.!..{-/(pl2.i)
selecting the Consultant as the highest ranked responsible and qualified respondent to provide the
Services and authorizing the City Manager to negotiate this Agreement with the Consultant; and
WHEREAS, the Consultant will perform the Services on behalf of the City in accordance
with the Scope of Services attached hereto as Exhibit "A" and the Proposal attached hereto as
Exhibit "B"; and
WHEREAS, the Consultant and City, through mutual negotiation, have negotiated the
Rate Schedule attached hereto as Exhibit "C" for the provision of the Services; and
WHEREAS, the City desires to engage the Consultant to perform the Services and provide
the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the City agree as follows:
1. Scope of Services.
1.1. Consultant shall provide the Services in accordance with the Scope of Services attached
hereto as Exhibit "A" and the Proposal attached hereto as Exhibit "B" (the "Services").
1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
"Deliverables") to the City.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through three (3) years
thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the
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City Manager may renew this Agreement for two (2) additional one (1) year periods on
the same terms as set forth herein upon written notice to the Consultant.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
within the term of this Agreement, unless extended by the City Manager.
3. Compensation and Payment.
3.1. Compensation for Services provided by Consultant shall be in accordance with the Rate
Schedule attached hereto as Exhibit "C."
3.2. Consultant shall deliver an invoice to City no more often than once per month detailing
Services completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pursuant to Consultant's invoice, which shall be based upon the
percentage of work completed for each task invoiced. The City shall pay the Consultant in
accordance with the Florida Prompt Payment Act after approval and acceptance of the
Services by the City Manager.
4. Subconsultants.
4.1. The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the City Manager, which approval may be granted or withheld in the City
Manager's sole and absolute discretion.
S. City's Responsibilities.
5.1. City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the City, and
provide criteria requested by Consultant to assist Consultant in performing the Services.
5.2. Upon Consultant's request, City shall reasonably cooperate in arranging access to public
information that may be required for Consultant to perform the Services.
6. Consultant's Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Consultant's Deliverables
or Services are incorrect, not properly rendered, defective, or fail to conform to City
requests, the Consultant shall at Consultant's sole expense, immediately correct its
Deliverables or Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and pennits
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required under Federal, State and local laws applicable to and necessary to perfonn the
Services for City as an independent contractor of the City. Consultant further warrants and
represents that it has the required knowledge, expertise, and experience to perform the
Services and carry out its obligations under this Agreement in a professional and first class
manner.
6.3. The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and perfonnance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City.
8. Termination.
8.1. The City Manager, without cause, may tenninate this Agreement upon five (5) calendar
days written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the City's written notice oftennination, Consultant shall immediately stop
work on the project unless directed otherwise by the City Manager.
8.3. In the event of termination by the City, the Consultant shall be paid for all work accepted
by the City Manager up to the date of tennination, provided that the Consultant has first
complied with the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the project to the City, in a hard copy and electronic
format within fourteen (14) days from the date of the written notice of termination or the
date of expiration of this Agreement.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
City, naming the City as an Additional Insured, underwritten by a finn rated A-X or better
by A.M. Best and qualified to do business in the State of Florida. The insurance coverage
shall be primary insurance with respect to the City, its officials, employees, agents, and
volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Consultant's insurance and shall not contribute to the Consultant's
insurance. The insurance coverages shall include at a minimum the amounts set forth in
this section and may be increased by the City as it deems necessary or prudent.
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9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Consultant. The General Aggregate Liability limit
and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer's Liability with minimum limits of$1,000,000.00
each accident. No employee, subcontractor or agent of the Consultant shall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker's
Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9 .1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured ( except with respect to Professional Liability
Insurance and Worker's Compensation Insurance), no later than ten ( 10) days after award
of this Agreement and prior to the execution of this Agreement by City and prior to
commencing Services. Each certificate shall include no less than (30) thirty-day advance
written notice to City prior to cancellation, termination, or material alteration of said
policies or insurance. The Consultant shall be responsible for assuring that the insurance
certificates required by this Section remain in full force and effect for the duration of this
Agreement, including any extensions or renewals that may be granted by the City. The
Certificates of Insurance shall not only name the types of policy(ies) provided, but also
shall refer specifically to this Agreement and shall state that such insurance is as required
by this Agreement. The City reserves the right to inspect and return a certified copy of
such policies, upon written request by the City. If a policy is due to expire prior to the
completion of the Services, renewal Certificates oflnsurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days' written notice shall
be provided to the City before any policy or coverage is cancelled or restricted.
Acceptance of the Certificate(s) is subject to approval of the City.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's
Compensation Insurance, the City is to be specifically included as an Additional Insured
for the liability of the City resulting from Services performed by or on behalf of the
Consultant in performance of this Agreement. The Consultant's insurance, including that
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applicable to the City as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the City shall be in excess of and shall not contribute to the
Consultant's insurance. The Consultant's insurance shall contain a severability ofinterest
provision providing that, except with respect to the total limits of liability, the insurance
shall apply to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be
reasonably approved by the City. The Consultant shall be responsible for the payment of
any deductible or self-insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any ofits employees or applicants for employment because of their race, color, religion,
sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and all appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Consultant's performance or non-
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Consultant and third parties made pursuant to this
Agreement. Consultant shall reimburse the City for all its expenses including reasonable
attorneys' fees and costs incurred in and about the defense of any such claim or
investigation and for any judgment or damages arising from Consultant's performance or
non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the City
nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. The City is subject to
section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
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13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties (or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the City which are conceived, developed or made by Consultant during the term of this
Agreement ("Work Product") belong to the City. Consultant shall promptly disclose such
Work Product to the City and perform all actions reasonably requested by the City
(whether during or after the term of this Agreement) to establish and confinn such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant's possession
or control in connection with Consultant's performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Consultant involving transactions related to this
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed, except as authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records are transferred to the City.
16.3. Upon request from the City's custodian of public records, Consultant shall provide
the City 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 by Chapter J 19,
Florida Statutes, or as otherwise provided by law.
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16.4. 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 this
Agreement are and shall remain the property of the City.
16.S. Upon completion of this Agreement or in the event of termination by either party
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Consultant shall be delivered to
the City in a format that is compatible with the City's information technology systems.
Once the public records have been delivered upon completion or termination of this
Agreement, the Consultant shall destroy any and all duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are received
as provided herein .
16.7. Consultant's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE
CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records:
Mailing address:
Telephone number:
Email:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
305-663-6340
NPayne@southmiamifl.gov
17. Nonassignability. This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications and expertise of the Consultant, and such firm's familiarity with the City's area ,
circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the City with respect to
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all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts; Order of Priority. This document without exhibits is referred to as the "Base
Agreement." In the event of a conflict between the terms of this Base Agreement and any
exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict
shall be resolved in the following order of priorities and the more stringent criteria for
performance of the Services shall apply:
26.1. First Priority: Purchase Orders issued pursuant to this Agreement, with later
Purchase Orders taking precedence;
26.2. Second Priority: This Base Agreement;
26.3. Third Priority: Exhibit "A," the Scope of Services;
26.4. Fourth Priority: Exhibit "C," the Rate Schedule; and
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26.5. Fifth Priority: Exhibit "B," the Consultant's Proposal.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires
all contractors doing business with the City to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The City will not enter into
a contract unless each party to the contract registers with and uses the E-Verify system. The
contracting entity must provide its proof of enrollment in E-Verify. For instructions on how to
provide proof of the contracting entity's participation/enrollment in E-Verify, please visit:
https ://ww-.. .e-veri f y .gov/ fag /how-do-i-provide -proof-o f-my-partic i pat io nenro llment-i n-e-
veri fy . By entering into this Agreement, the Contractor acknowledges that it has read Section
448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section
448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from
subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
[Remainder of page intentionally left blank.
Signature page and E-Verify Affidavit follows.I
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E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the City to register with and use the E-Verify system to verify the work authorization
status ofall newly hired employees. The City will not enter into a contract unless each party to the
contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof ofenrollment in E-Verify. For instructions on
how to provide proof of the contracting entity's participation/enrollment in E-Ver ify, please visit:
http s://www .e-v er ify .gov /faq /how-do-i-provi de -proof-o f-m y-part ici pati on enrol lm ent-in-e-v erify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
□ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of:
Carina Mendoza
ACKNOWLEDGMENT
State of Florida
County of Mtm41 ~o,vf-
The foregoing instrument was acknowledged before me by means of it;,hysical presence or □
online notarization, this ~ day of l'APl'Qqt , 20~, by u\Jl'l'N
M\l\.J..flZlrr (name of person) as fa;t,1aoro.,, (type of authority) for
puJf)\l\28)\A ~\itN (name of party on behalf of whom instrument is executed).
,111 ,,,,,, CAMILA ZABLAH JIMENEZ
~-.~ Notary Public-State of Florida :~ •E Commission# HH 447056
;~ !: My Commission Expires N t p bl'
~''°'"' ___,~ September 24 2027 O ary U IC //fftll\\ I t • ✓ _ -· m1ss10ned)
--=---Personally known to me; or
p, or Type as
___ Produced identification (Type of Identification:. ___________ _)
___ Did take an oath; or
___ Did not take an oath
150 of 151 185
IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed the day and year
as first stated above.
TH MIAMI
By:
Attest:
By : _--il~-\-~..,....--------
Nkenga " CMC, FCRM
City Clerk
By :
Weiss ta Helfman Cole & Biennan , P.L.
City Attorney
Addre.sses for Notice:
Genaro uchip" Iglesias
City of South Miami
Attn : City Manager
6130 Sunset Dr ive
South Miami , FL 33143
305-668-2510 (telephone)
305 -663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Scrota Helfm an Cole &-Biennan, P.L.
Attn : Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
PLUS URBIA, LLC D/8/A PLUSURBIA DESIGN
\,
Entity : Plusurbia Design
Addresses for Notice:
___________ (telephone)
_________ (facsimile)
. ___ . _________ (email)
___________ (telephone)
___________ (facsimile)
___________ (email)
END OF DOCUMENT
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PROPOSER S. FRAGA-
LOPEZ A.RIVEROL S. Cabrera SCORES
TOTAL RANK
Miller Legg 95 100 100 295 1
Curtis Rogers 93 95 90 278 2
Calvin Giordano 85 90 93 268 3
Cotleur &
Hearing 75 85 90 250 4
Respondent Scores & Rank
EVALUATION SCORE & RANK
July 30, 2024
LANDSCAPING MASTER PLAN SERVICES
187
188; Tl IF CITY OF Pl FASANT I IVING Evaluation Scoring Sheet Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.southmiamifl.gov RFQ Title: LANDSCAPING MASTER PLAN STUDY RFQ No.: PL2024-09 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is I 00 points: with an additional 25 points for an Oral Interview, if scheduled. The Oral Interview score shall be added to the Evaluation Committees Final Score for each proposer. I. 2. 3. 4. 5. Criteria Respondent's Qualifications and Key Staff's Experience. To include years of experience, ability, capacity and skill of firm(s), and adequacy of personnel to perform, including timeliness, stability and availability and licenses. Special consideration should be given to governmental experience in providing the Services; and the Professional credentials, qualifications, and accomplishments of the proposed team members and Key Staff to be used for City's Services. MAXIMUM 25 POINTS Understanding of the Project Scope and Objectives. MAXIMUM 20 POINTS Quality and Feasibility of the Proposed Approach and Methodology. MAXIMUM 25 POINTS Previous Projects & Client References Experience and background in providing similar governmental services and past performance, including but not limited to, familiarity with local, state, and federal regulatory agencies procedures and requirements. MAXIMUM 25 POINTS Community Engagement Strategy. MAXUMUM 5 POINTS Score Interview Score; Max 25 Points: FINAL SCORE: Calvin Giordano s D Page 1 of 2 Cotleur& Hearin \0 JO Curtis Miller Le 20 00
189• r ' Reviewed by: A \J: '{' --C J n "\2-, \J e_'-f' .::> "'-(Print Name) Page 2 of 2 Date:
190Tl ff CITY OF Pl f ASA NT I IVING Evaluation Scoring Sheet Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.southmiamifl.gov RFQ Title: LANDSCAPING MASTER PLAN STUDY RFQ No.: PL2024-09 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each i;,roi;,oser is calculated by adding each criteria for a total score by i;,roi;,oser. The maximum score total score for each proposer is I 00 points: with an additional 25 i;,oints for an Oral Interview. if scheduled. The Oral Interview score shall be added to the Evaluation Committees Final Score for each proposer. I. 2. 3. 4. 5. Criteria Respondent's Qualifications and Key Staff's Experience. To include years of experience, ability, capacity and skill of firm(s), and adequacy of personnel to perform, including timeliness, stability and availability and licenses. Special consideration should be given to governmental experience in providing the Services; and the Professional credentials, qualifications, and accomplishments of the proposed team members and Key Staff to be used for City's Services. MAXIMUM 2S POINTS Understanding of the Project Scope and Objectives. MAXIMUM 20 POINTS Quality and Feasibility of the Proposed Approach and Methodology. MAXIMUM 2S POINTS Previous Projects & Client References Experience and background in providing similar governmental services and past performance, including but not limited to, familiarity with local, state, and federal regulatory agencies procedures and requirements. MAXIMUM 2S POINTS Community Engagement Strategy. MAXUMUM S POINTS Score Interview Score; Max 25 Points: FINAL SCORE: Calvin Giordano 3 Page 1 of 2 Cotleur & JO Curtis Miller Le 5 5
191 ,. . . Page 2 of 2
192 f' Tl lF CITY OF Pl FASA1'.T I IVl1'.G RFQ Title: RFQ No.: Evaluation Scoring Sheet Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.southmiamifl.gov LANDSCAPING MASTER PLAN STUDY PL2024-09 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is I 00 points: with an additional 25 points for an Oral Interview. if scheduled. The Oral Interview score shall be added to the Evaluation Committees Final Score for each proposer. I. 2. 3. 4. 5. Criteria Respondent's Qualifications and Key Staff's Experience. To include years of experience, ability, capacity and skill of firm(s), and adequacy of personnel to perform, including timeliness, stability and availability and licenses. Special consideration should be given to governmental experience in providing the Services; and the Professional credentials, qualifications, and accomplishments of the proposed team members and Key Staff to be used for City's Services. MAXIMUM 2S POINTS Understanding of the Project Scope and Objectives. MAXIMUM 20 POINTS Quality and Feasibility of the Proposed Approach and Methodology. MAXIMUM 2S POINTS Previous Projects & Client References Experience and background in providing similar governmental services and past performance, including but not limited to, familiarity with local, state, and federal regulatory agencies procedures and requirements. MAXIMUM 2S POINTS Community Engagement Strategy. MAXUMUM S POINTS Score Interview Score; Max 25 Points: FINAL SCORE: Calvin Giordano 20 Page 1 of 2 Cotleur& Hearin 2:s 2.0 20 9'0 Curtis Roers 20 Miller Le 25 .2-D \DO
193( Reviewed by: ~ Date: 01-:31:>-2.4 (Print Name) (Signature) Page 2 of 2
Tabulation Sheet
Agency Name City of South Miami
Bid Number RFQ-RFQ No. PL2024-09-0-2024/SK
Bid Name LANDSCAPING MASTER PLAN SERVICES
Bid Due Date 07/24/2024 10:00:00 Eastern
Bid Opening Closed
4 responses found.online, offline, not submitting, not received
Company Responded Address Bid Amount Alt Bid Amount Declared
Attributes Documents Sent
Complete
1 .
Calvin,
Giordano
&
Associates,
Inc.
07/23/2024
15:38:28
Eastern
1800 Eller Drive, Suite 600,
Fort Lauderdale, FL, 33316 $0.0000 0.0000 Bidding Document
2 .Cotleur &
Hearing
07/24/2024
09:30:00
Eastern
1934 Commerce Lane ,
Suite 1, Jupiter, FL, 33458 $0.0000 0.0000 Bidding Document
3 .
Curtis +
Rogers
Design
Studio,
Inc.
07/24/2024
09:57:00
Eastern
7520 S. Red Road,
Suite M, Miami, FL, 33143 $0.0000 0.0000
Hispanic
Owned,
Woman
Owned
Bidding Document
4 .Miller Legg
07/23/2024
13:36:53
Eastern
1845 NW 112th Avenue, Suite 211,
Miami, FL, 33172 $0.0000 0.0000 Bidding Document
194