HomeMy WebLinkAboutR-2024-174 Walters Zackria Associates PLLC. -Design Serv. for Olsen School Park ProjectRESOLUTION NO.2O2 4-I:L
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA. AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITH WALTERS ZACKzuA ASSOCIATES.
PLLC. FOR DESIGN SERVICES FOR OLSEN MIDDLE SCHOOL PARK
PROJECT, IN THE AMOLINT OF NINE HUNDRED FORTY-ONE
THOUSAND SIx HLNDRED FORTY DOLLARS ($941.640.00): PROVIDING
FOR CONFLICTS: FURTHER. PROVIDING FOR AN EFFECTIVE DATE.
WHERf,AS, pursuant to Resolution No. 2024-148, adopted on September 24.2024, the
City Commission authorized the City Administration to begin contract negotiations u'ith the top
ranked firm, Walters Zackria Associates, PLLC., related to R-FQ No. 24-019 entitled "Design
Services for Olsen Middle School Park Project"; and
WHEREAS, the City Administration recommends approval of the Agreement which is
attached as "Exhibit A" and is made a part of and incorporated into this Resolution by this
reference, in the amount of Nine Hundred Forty-One Thousand Six Hundred Forty Dollars
($941,640.00).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part ofand incorporated into this Resolution by this reference.
Section 2. That the proper City officials are authorized to execute an Agreement with
Walters Zackria Associates, PLLC. lor Design Services for Olsen Middle School Park Project in
the amount of Nine Hundred Forty-One Thousand Six Hundred Forty Dollars ($941,640.00).
Section 3.That funding for the design services is available u'ithin the Capital Projects
Fund Olsen Middle Project Professional Services Account No. 301-72-62-572-31-10.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Seclau5 That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED On
Motion b1
FINAL VOTE ON ADOPI'ION:
0 2024.
br Krffni\i)r€{ Vatl\t{\
.D VIS
R
ND
Unanimous
Yes No
Commissioner Lori Lewellen
Commissioner Luis Rimoli
Commissioner Archibald J. Ryan IV _
Vice Mal or Marco Salvino
May or Jol ce L. Davis
ATTEST
ELORA
CITY CLERK
APPROVED AS TO FORM AND CORRECTNE
B UTSIS
C ATTORNEY
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l RESOLUTION#20'O l14
\
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND
WALTERS ZACKRIA ASSOCIATES, PLLC., FOR DESIGN SERVICES
RELATED TO NEW CONSTRUCTION FOR OLSEN MIDDLE SCHOOL
PARK PROJECT, AS FURTHER DESCRIBE,D IN THE CITY'S REQUEST
FOR QTTALIFICATIONS (*RFQ") NO. 21-019.
ThisisanAgreement(..Agreemenl.)dated-.2024,between
the City of Dania Beach, Florida. a Florida municipal corporation ('City"), w'ith its principal place
of business located at 100 West Dania Beach Boulevard, Dania Beach. Ftorida 33004 and Walters
Zackria Associates. PLLC. (the "Consultant"). a Florida corporation an address of 5813 North
Andreus Wa1. Fort Lauderdale. Florida 33309.
In consideration of the mutual covenants. terms and conditions contained in this
Agreement. and other good and valuable consideration. the adequacy and receipt of w-hich are
acknowledged and agreed upon. the parties agree to the fbllouing:
This Agreement between the Consultant and the City under the City ol Dania Beach
Request lor Qualifications ('RFQ') No. 24-019 is eft'ective upon execution by all
parties and will terminate afier completion of the project. A copl of RFQ No. 24-019
is aftached as Exhibit "A'' and made a part oland incorporated into this Agreement b1
this ref'erence) and shall be considered as part of this Agreement.
2. The Consultant has submitted their Scope ol Services and Fee Schedule in response to
RFQ No. 24-019 which is attached as Exhibit "B" and is incorporated into this
Agreement by this reference.
3. The cost of this project is a total amount of Nine Hundred Forty-One Thousand Six
Hundred Fortl Dollars ($941 .640.00).
4. That in all respects. the terms of Exhibit "A" and Exhibit "B" apply b this Agreement
IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the dav
and year first rl'ritten above.
ATI'EST CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
I,I,ORA RIERA. MMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS
EVE A. BOUTSIS
CITY ATTORNEY
ANA M. CARCIA. ICMA-CM
CITY MANAGER
-l RESoLUTToN #20 zo \'iL i
JOYCE L. DAVIS
MAYOR
!I'ITNESSES:CONSTILTANT:
Walters Zackria Associates, PLLC.
a Florida corporation
Signature Signature
PRINT Name PRINT Name
Title
Signature
Dated:t022
PRINT Nanie
STATE OF FLORIDA)
('OI INTY OT MIAMI-DADE)
The loregoing instrument was acknow'ledged before me by means of I physicat presence
or E online notarization" on 2Q.4
br AS of
Walters Zackria Associates. PLLC.. a Florida corporation. He/she is personally known to me or
has produced as identilication
My' Commission Erpires:Notary Public" State of Florida
Print Nanrc
.+RESOLUTION #2024- \.}:I
DESIGN SERVICES FOR MULLIKIN PARK IMPROYEMENTS
PROFESSIONAL SERVICES AGREEMENT
This Agreement ("Agreement"), duted _, 20_, is made by and
between the CITY OF DANIA BEACH. with an address of 100 W. Dania Beach Boulevard, Dania
Beach, Florida 33304 (he "City") between the City of Dania Beach, Florida, a Florida municipal
corporation ("City"), with its principal place ofbusiness located at 100 West Dania Beach Boulevard,
Dania Beach, Florida 33004 and WALTERS ZACKRIA ASSOCIATES PLLC(thc "Consultant"). a
Florida limited liability company with a local address of 5813 N. Andrews Way. Fort Lauderdale,
F'lorida 33309.
Proposal: Consultant submitted its Proposal datcd August 12,2024 (the "Proposal") in rcsponse to
the Request for Qualifications No. 24-019 issued by the City (the "RFQ')
SECTION I . SCOPE OI' SIiRVICES
The Consultant agrccs to providc to the City cngineering and consulting professional servrces
in connection with the following project or study:
I. Description of Proposed Project
Thc City of Dania Beach entered into a Recreation Licensc Agreement with thc School Board
of Broward County for the Olsen Middle School land that is owed by the School Board of
Broward County on December 13,2022. The City Commission adopted the conceptual design
of the property which includes specific amenities and site improvements. Anticipated design
elements for this location include, but are not limited to. an artificial turf multipurpose
football/soccer field with a 4 lanc - 400 meter track to include covercd bleachcrs, one (l)
basketball court, one (l) tennis court, two (2) pickleball courts. dual age covered playground
with turf safety surfacing, a passive walking-park, a 3500 square foot Parks and Rccrcation
administrative office building, off street parking with 52-parking spaces and security fencing
whcrc nccessary. Other improvements may also bc necessary and may bc determincd during
the design process.
II. City's Priorities
Detailcd construction documents are needed for bidding for this park improvement projcct .
The City's priorities for the Project include requiring the selected firm to:
. Design the elements ofthe Project as described above.
r Ensure that all installations are in strict compliance with the Florida Building Code or
Miami Dade Specifications
In accordance with Florida Statc Statute 287.055. known as thc "Consultants'
Competitive Negotiation Act" (the ''CCNA"), the purpose of this solicitation is to invite
architecture, landscape architccture and cngineering firms (Consultants) to provide
proposals for the design. surveying services, permitting, bidding assistance and
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construction phase services associated with the park improvement project identified in
this RFQ. Work includes but is not limited to rhe following:
. Design, analysis and permitting for construction ofthe project.
o Devise a bidding strategy to meet the project schedule that may include
multiple contractors through multiple bids.
. Project management and oversight.
. Permit applications.
. Final signed and sealed Plans, permits, detailed bid form, Technical
Specifications and details.
. Complete and orderly maintenance of paperwork and records.
o Receipt and logging of correspondence.
. Review of Contractor(s) monthly invoices during construction phasc and
applications for payment.
. Prqcct closeout inspection.
A.
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PROJECT LOCATION
Olsen Middle School Property at SE I lth Terrace. Dania Beach, 33004
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In accordancc with the phascs of sen'ices dcscribed below, and as morc specifically dcscribed in thc
Scope of Services outlined in Exhibit A (the "Professional Services") attached and incorporated into
this Agreemcnt.
l.l Phases of Professional Services
The services provided under this Agreement ("Professional Services") intended to be compensated by
the Fees shall be categorized into the following phases of service, as applicable:
Pre-Design Analysis (or Planningr'Study,lReport) Phase - ' Design, analysis and
pcrmitting for conslruction ofthc project.
Devise a bidding strategy to meet the project schedule that may include multiple
contractors through multiple bids.
Preliminary Design Phase and Estimated Construction Costs
Final Design and Construction Documents Phase and Estimated Construction Costs
Permitting Phase
Bidding and Negotiation Phase
Project management and oversight/Construction Administration Phase
1.2 Pre-DesignAnalysis(orPlanning/Study/Report)Phase
I .2.1 Scope. If-the scope oJ'ProJessional Se-^ices includes pre-design analysis or preporation
of planning/study/report, the Consultant shall: i) Consult with the City regarding the requirements and
bu<lget allocations for the scope of services/Project and review available data; ii) Advise the City as to
the necessity of any additional services from other technical professionals; iii) Provide analyses of the
City's needs, surveys, site evaluations, environmental assessments, utility locations and comparatir, e
studies of solutions: and iv) Provide a general cconomic analysis of the requirements applicable to
various altemativesi and identify any areas ofthe task that can be properly value-engineered to produce
a savings in thc Project construction cost.
L2.2. Delivcrables
(a) If the scope o/ Professional Services includes design set'vircs:
i. Prepare conceptual design critcria with appropriate sketches or exhibits, and identify
in a clear manner the considerations involved and the alternative solutions available,
as well as Consultant's recommendations (the "Pre-Design Analysis"). Thc Pre-
Design Analysis shall be accompanied by Consultant's preliminary estimate oftotal
construction costs for the Project.
(b) IJ the scope of Pro;fbssional Services includes a Study or Report'. Prepare a report which
report shall identify in a clear manner the issue and considerations involved;
Consultant's findings; thc alternative solutions availablc, cstimated costs, as well as
Consultant's recommendations; and shall include appropriate exhibits (the "Study
Report").
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1.2.3. Presentations. [fre quested by City, Consultant shall attcnd mccting(s) with City Commrssroners
and/or City administration and may be asked to prepare and make presentation ofthe Study Report or
Pre-Design Analysis.
1.3 Preliminarl' Design Phase
1.3.I Scope. I;f the scope oJ ProJbssional Ser,-ices includes Preliminary Design, Consultant
shall address City's comments to the Pre-Design Analysis. and shall prepare the preliminary design
package. Thc prcliminary design packagc shall include the following:
(a) preliminary design drawings (20-30o/o). including design criteria and sketches or
cxhibits, including elcvations, sections, site plan and additional rcnderings.
showing the scale and relationship ofproject components.
(b) outline of technical spccifications.
(c) Estimated Construction Cost, in accordance with Section 5.
(d) Location map exhibits and renderings
(e) Sun'ey and existing utilities as-builts
(f) Utilities coordination documcntations
(g) Environmental documents (if applicable)
(the "Preliminary Design Package").
1.3.2. Deliverable: The Preliminary Design Package for review and comment by the City
1.3.3 Outreach. If requested, Consultant shall assist the City with any public
communication,/information program during this phase or any other phase of the project, including
neighborhood presentations. Such assistance shall include the development of presentation material
and attendance at public meetings.
1.3.4. Presentations. If requested by City. Consultant shall attend meeting(s) with City
administration and/or City Commission and may be asked to prcpare and make prcscntation of thc
Preliminary Design Package and Estimated Construction Cost.
1.4 Final Design - Construction Documents Phase
1.4.1 Scope. ,f the scope ol Professional Se,-*ites includes design detelopment of
constnrction do<uments, then on thc basis ofthe accepted Preliminary Dcsign Packagc and Estimated
Construction Cost of the project. the Consultant shall prepare, 1br attachment to the fonhcoming
construction contract, final construction drawings identifoing and describing thc scope, extent and
character of the work to be fumished and performed by contractor(s), which comply with all applicable
building codcs. laws and regulations (the "Final Drawings") and technical spccifications for
construction of the Project (the "Technical Specifications") at 600A, 90oh and 100% completion. The
Specifications are to be prepared in conformancc with the sixteen division format provided by the
Construction Specifications Institute. The Technical specitications shall include a Measurement
scction for thc bid itcms.
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I .4.2. Schedule of bid items Prepare. tbr review and acceplance by the City, a proposed
schcdule of bid items
1 .4.3 Estimatcd Construction Cost. [n accordance with Section 5, modify the Estimatod
Construction Cost ofthe project necessitated by the Construction Drawings and Specifications. In the
event that the Estimated Construction Cost of the Project, when combined with the total Professional
Sen'ices Fee and costs: plus any Construction Contingency or allowances established by the City.
exceeds the total amount budgeted for the project as established by the City, then the Consultant shall
revise and/or redesign the documents to bring the designs back within the budgeted amount, unless the
City provides writtcn approval that the Estimatcd Construction Cost excecds thc project budget. Ifthc
reason that the Estimated Construction Cost exceeds the budget is reasonably foreseeable at the time
of performing the Prof'cssional Services, Consultant shall provide written notification idcntifying the
specific reason to the City immediately upon Consultant determination that the Estimated
Construction Cost may cxcccd thc project budgct, and in such case, shall await further direction liom
the City before proceeding further with the Prof'essional Services. If the reason that the Estimated
Construction Cost cxcccds the budget was reasonably foreseeablc at thc trme of pcrforming thc
Protessional Services, and the Consultant does not notify the City and obtain written approval from the
City that the Estimatcd Construction Cost excecds the project budgct, Consultant shall rcvise and/or
redesign the documents at its own cost and expense to bring the designs back within the budgeted
amount.
1.4.4
(a)
Dclivcrablcs
(b)
60% Construction Drawings. Estimated Construction Cost and draft Technical
Spccifications in editablc clectronic format (docx,.xls, dwg, and .pdf) for the review and
comments of the City;
90%o Construction Drawings. Estimated Construction Cost and draft Technical
Specifications in editable electronic format (docx,.xls, dwg, and .pdf) for the review and
comments of the city;
100% Construction Drawings, Estimated Construction Cost and draft Technical
Specifications in editable electronic format (docx,.xls, dwg, and .pdf) for the review and
comments of the city;
Final signed and sealed sets of final Construction Drawings. Technical Specifications
and Estimated Construction Cost in electronic format (the "Construction Drawings
and Technical Specifications") along with all supporting calculations; and any
associated documents;
Schedule of bid items:
Estimated Construction Costs within project budget, unless otherwise accepted in
writing by the City.
(c)
(d)
(e)
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1.5 Permitting Phase
1.5.1 Scope. lf the scope of Professional Services includes permitting, then in consultation
with the City and on the basis of the Construction Drawings and Technical Specifications and
Estimated Construction Cost ofthe projcct, Consultant shall preparc all nccessary permit applications
for submission with the Construction Drawings and Technical Specifications to the regulatory agencies
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for appropriate pemits or other approvals. Consultant shall provide technical criteria, wriften
descriptions and design data for the City's and Consultant's use in filing applications for permits with
or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of
thc project. Consultant shall respond to any comments or requests for information from pcrmitting
authorities and assist the City in consultations with appropriate authonties.
1.5.2. Permits. In the event that the Construction Drawings and Technical Specifications are
not granted the necessary or appropriate permits or other approvals from the appropriate regulatory
agencies due to design issues, Consultant shall revise and/or redesign the documents at its own cost
and expense to ensure the necessary permits and approvals are granted.
1.5.3. Permit Fees. Permit applications fees shall be determined by Consultant and paid by the
City.
1.6 Construction Bidding and Negotiation Phase
1.6.1 Scope. If the scope of Professional Serrices includes the Construction Bidding and
Negotiation Phase, then in consultation with City and on the basis ofthe Construction Drawings and
Technical Specifications, Consultant shall review price tabulation sheets and assist the City in
evaluating bids or proposals and consult with and advise the City as to the acccptability of
subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) for
those portions of thc work as to which such acceptability is required by thc procurcmcnt documents.
Consultant will identify any areas ofthe Project that may be properly value-engineered to produce a
savings in thc construction cost. Consultant may be required to assist thc City's Procurement Division
in the preparation of addenda or written clarifications of additional instructions, to interpret, clarify or
expand the procurement documents.
1.6.2. Bidding assistance. ifrequested. Only ifrequested, Consultant may be required to
(a)
(b)
Participate in any pre-bid conferences and/or attend the bid opening;
Assist the City in negotiating proposals tbr each separate prime contract fbr
construction, materials, equipment and services.
1.7 ConstructionAdministrationPhase
1.7 .1 Scooe. I. the scope of Profes.sional Services includes the Construction Administration
P/rase, Consultant shall consult with and advise the City and act as Owner's representative on the
Project. Consultant will have limited authority to act on behalfofthe City as specifically provided in
this Agrccmcnt.
(u)Site visits. Consultant shall conduct site visits in accordancc with Section I .7 2 hcrcin
(b)Meetings. Consultant shall conduct weekly meetings with the City and contractor(s).
Consultant shall be responsible for preparing weekly meeting minutes and distributing
them to all in attcndance.
lnterpretations. Consultant shall issue necessary interpretations and clarifications ofthe
Construction Drawings and Technical Specifications and may issue additional
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(c)
instructions, by means of drawings, minor change orders or otherwise, necessary to
illustratc changes in the work. Changc orders shall comply with Section 1.7.3 below.
(d)Shop drav'ings; Samples. Consultant shall timely revicw and approvc or take other
appropriate action with respect to shop drawings, samples, the acceptability ofsubstrtute
materials and equipment proposed by contractor(s), and other data that the contractor(s)
are required to submit to ascertain conformance to the Construction Drawings and
Technical Specifications. Consultant shall complete its review of submrttals, shop
drarvings, samples and other data shall be completed so as not to delay the progression
ofthe work or within lburtccn (14) calendar days ofreceipt. Thc City shall bc cntitlcd
to rely upon the approval of Consultant that the shop drawings, product data, and
samplcs approved by Consultant conform with the Tcchnical Specifications and design
specified in the Construction Drawings, as may be amended. Such reviews and
approvals or other action shall not extend to the means, methods. techniqucs. sequences
or procedures of construction or to safety precautions and programs incident thereto.
(e) Iestlng. Consultant shall be obliged, in its role as the representative ofthe City on the
project, to rcquire special inspcction or testing ofthe work, and shall receivc and review
all certificates of inspections, testings and approvals as required by laws. rules.
regulations. ordinances, codes, orders or thc contract documents to determine that the
work complies with the requirements of. and that the results certified indicate
compliance with the Tcchnical Specifications.
(0 Reviev o/ pavment applications. Consultant shall review applications for payment and
the accompanying data and schedules, Consultant shall determine the amounts owing to
contractor(s) and recommend in writing payments to contractor(s) in such amounts.
Such recommendations ofpayment will constitute a representation to the City, based on
such obsen'ations and review, that the work has progressed to the point indicated, and
that, to thc bcst of Consultant's knowledgc, infbrmation and bclief, the quality of such
work is in accordance with the Construction Drawings and Technical Specifications
subject to (l) an cvaluation of such work as a functioning wholc prior to or upon
substantial completion; (2) the results of any subsequent tests called for in the contract
documents and (3) any othcr qualification rcasonably statcd in the recommcndation(s).
With regard to unit price work, Consultant's recommendations of payment shall include
final dctcrminations of quantities and classifications of such work subjcct to any
subsequent adjustments allowed by the Construction Dra*'ings and Technical
Specifications or terms and conditions of thc construction contract for the Projcct.
(g) Documentation revlel'. Consultant shall rcceive and revicw maintenancc and operating
instructions, schedules, guarantees, bonds and certiflcates of inspection, tests and
approvals. which wilI be asscmblcd by contractor(s) in accordance with the construction
contract. Such review shall be limited to a determination by Consultant that the content
of said documcnts and instruments complies with the construction contract. [n the case
of cenificates of inspection, tests and approvals, such review shall be limited to a
detcrmination that the rcsults certified indicate compliancc with, the construction
contract. Clonsultant shall thereafter transmit said documents and instruments to the
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City with written comments and, if applicable, recommendations regarding same, prior
to determination of substantial completion.
(h) Substantial Completion Inspection. Consultant shall conduct substantial complction
inspection(s) to develop the "punchlist" and to determine if the work is substantially
complete; such inspection to be scheduled within thee (3) days ofnotice ofsubstantial
completion. Said punch list shall be prepared and signed by Consultant and the City and
delivered to contractor not later than three (3) calendar days after the walkthrough. If
necessary, Consultant shall assist in any mediation between City and contractor to
dcvelop an agreed punch list.
(i)Final Inspection. Consultant shall conduct a final inspcction to detcrminc if the
completed work is in compliance with the punch list, "as-built" drawings" and the
Construction Drawings, Technical Spccifications, and construction contract documents.
Within three (3 ) business days following such determination of compliance by
Consultant, Consultant shall rccommcnd in writing tinal paynent to contractor(s) and
shall give written notice to City and contractor(s) that the work is acceptable. subject to
any conditions expresscd in such rccommendation.
1.7.2 Site visits. Consultant shall visit thc construction sitc at inten,als appropriate to the
various stages of construction as Consultant deems necessary or as the City requests in order to enable
Consultant to observe as an expcricnccd and qualified design professional the progress and quality of
the various aspects of contractor(s)' work. Based on information obtained during such visits and on
such obscn,ations, Consultant shall advise City whcther (i) the work is proceeding in accordancc rvith
the Construction Drawings and Technical Specifications, and (ii) the integrity ofthe design concepts
have been implemented and preserved by the contractor(s). Consultant shall keep the City informed
of the progress ofthe work in the manner and fiequency requested by the City. During such visits and
on the basis ofsuch observations, Consultant may disapprove ofor reject contractor(s)' work while it
is in progrcss ifConsultant belicvcs that such work will not producc a completed project that conforms
generally to the contract documents or that it will prejudice the integrity ofthe design ofthe projeet as
reflectcd in the Construction Drawings and Technical Spcciiications. Consultant shall notit,v the City
within twenty-four (24) hours of the discovery ofsuch conditions that sloppage of the uork may be
necessary to insure the proper exccution ofthe Construction Drawings and Technical Spccilications or
to protect the public and/or property. Consultant shall sign any Stop Work Notice issued by the City.
Consultant shall also have authority to rejcct all work. materials and cquipment which do not conform
to the Construction Drawings and Technical Specifications and to decide questions raised by contractor
which arise in the execution of thc work.
1.7.3 Change orders. Consultant shall prcpare work change directivcs and changc orders as
required or requested by the City. Consultant u,ill provide a response to lhe contractor and City nith
respect to a rcquest for changc ordcr within a rcasonable amount of timc aftcr rcccipt of contractor's
notice and all necessary backup information required by Consultant to formulate a response.
Consultant will havc authority to make minor changcs in thc work which: (l) do not result in c'xtra
cost; and (2) do not extend the timeline for completion ofthe project, and (3) are not inconsistent with
Ihe purposc ofthe work. Consultant is not authorized to bind the City to changes in contract price or
time.
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1..'.l.4.tractor claims. Consultant will make decisions in writin g on all claims of the
contractor(s), and on all other matters rclating to the execution and progress of the work or the
interpretation of the Construction Drawings and Technical Specifications and contract documents. All
such decisions ol Consultant shall be final. In the event of any unresolved dispute between City and
its contractor(s), Consultant may mediate a meeting with City and contractor(s) to resolve the dispute.
Notwithstanding the foregoing, Consultant will not be an arbitrator of disputes between City and its
contractor(s).
Consultant is NOT authorized to do the following:
a. Expedite the work for the contractor(s).
b. Advise the contractor(s) on building techniques or scheduling.
c. Get involved in disputes or problems between contractor(s) and
subcontractor(s).
1.7.6 Deliverables
(a) Weekly project meeting minutes,
(b) Recommendations rcgarding payment applications;
(c) Transmittal ofmaintenance and operating instructions, schedules, guarantees. bonds
and certificates and inspcction, tests and approvals (assembled by contractor(s)) with
u,ritten conments and, if applicable, recommendations regarding same;
(d) Punch list of items to be complctcd by contractor after substantial completion;
(e) Recommendation offinal payment to the contractor(s) and written notice to City that
the work is complete and reasonably conforms with the Construction Drawings and
Technical Specitications.
1.7.7. Presentation. If requested by City. Consultant shall attend additional City meeting(s)
and may be askcd to make presentation ofthe project status or any issues or concems
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1.7.5 No contractor supervision. Consultant will not, either during site visits or as a result of
obscrvations of contractor(s)' work in progress, supervisc, dircct or have control ovcr contractor(s)'
work. Nor shall Consultant have authority over or responsibility for the means, methods, techniques,
sequences or proccdures of construction selcctcd by contractor(s), lbr saf'cty precautions incident to thc
work of contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations,
ordinances, codcs or orders applicable to contractor(s) fumishing and performing thcir work.
Accordingly, it is understood that Consultant can neither guarantee the performance ofthe construction
contracts by contractor(s) nor assumc rcsponsibility for contractor(s)' failure to furnish and perform
their work in accordance with the contract documents. Consultant shall not be required to make any
examination to ascertain how or for what purpose any contractor has used the monics paid on account
ofthe contract price, or to determine that title to any ofthe work, materials or equipment has passed to
City free and clear of any lien, claims, security intcrests or encumbrances, or that there may not be
other matters at issue between City and contractor that might affect the amount that should be paid.
The limitations in this section shall not limit the rcsponsibility ofConsultant othcrwise set forth in this
Agreement.
1.8 Requirement for Drawings and Plans
Unless otherwise set forth in thc scopc ofscrvices, plans shall be based on the North American
Datum of 1983, I190 Adjustment and the North American Vertical Datum of 1988. All drawings and
plans shall be accurate, legible, complete in design, drawn to scale, and suitable for bidding purposes.
1,9 Non-Exclusive
This is a non-exclusive Agreement and the City may secure similar or identical services from
other professionals.
SECTION 2 - COMPLETION SCHEDULE
2.1 Project Schedule
Consultant agrees to completc its Prof'essional Scrviccs and provided the indicated deliverables
in accordance with the Project schedule.
2.2 Delay
2.2.1. Consultant's Professional Services shall be timely performed in compliance with the
Project schedule or as amended in a writing executed by both partics. If Consultant is delayed at any
time in the progress of its Professional Services by any act, failure to act or neglect of the City, or any
separate consultant or contractor hircd dircctly by thc Ciry, or by occurrences beyond the control and
without any fault or negligence of Consultant, Consultant shall provide to the City, rvithin five (5)
working days of the date the delay began, written notice ofthe delay. Provided Consultant has timely
notified the City of such delay, the City shall amend the schedule in writing, fbr the time delay actually
caused by such occurrence, as determined by the City in its sole discretion. This extension of time
shall bc Consultant's sole and cxclusive remedy attributed to such delay.
2.2.2. Consultant acknowledges responsibility for any delay damages suffered by the City as
a result of Consultant's negligent, reckless or intentional wrongful actions or inactions. In the event
that the City suffers or reasonably bclicvcs that it will suffcr actual delay damages as a result of
Consultant aforesaid actions or inactions, the City, in its sole discretion, said discretion to be exercised
reasonably and in good f'aith, shall havc thc right and bc cntitlcd to tcrminate this Agrccment upon five
(5) day's written notice and such termination shall not be construed to constitute a breach of this
Agreemcnt by thc City.
SECTION 3 - PROFESSIONAL SERVICES FEE & EXPENSES
3.1 Compensation.
The professional services Fee and administrative reimbursements to be paid by the City to
Consultant. for all Professional Services of both Consultant and any of its subcontractors under this
Agreement shall not exceed: Nine Hundred Forty One Thousand Six Hundred Fofi Dollars
(S941,640.00). This amount includcs an additional Tcn Thousand Dollars (S10,000.00) in rcimbursablc
funds. This compensation amount shall be the sole amount paid to Consultant. The compensation may
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be adjusted, if necessary, by a written amendment. duly approved and executed by Consultant and City,
provided the City's budget includes, or is adjustcd to include, the entire Fee.
3.2 Fee Schedule.
A detailed Fee Schedule, tied to the deliverables shall be attached as Exhibit B. The Fee
schedule shall detail the hourly rates, number of hours and a pay.rnent schedule that shall not be front-
loaded.
3.2.3 Supporting Documents. Consultant shall maintain com plete and ordcrly documentation
underlying all of its invoiced out of pocket expenses, including copies of paid receipts, invoices, or
othcr documentation acceptable to thc City. Such documentation shall bc sufficient to establish that the
expenses were actually incurred and necessary in the performance ofthe Professional Services.
3.2.5 Travel Expenses. Any agreed travel, per diem, mileage, meals, or lodging expenses, the
cost of which are subject to the City's prior written approval, shall be paid in accordance with the rates
and conditions established by the City's Travel Policy, a copy of which has been provided to
Consultant. or the applicable law or ordinance.
3.3 Subcontracts.
Consultant may invoice for Professional Seruices related to the sub-contractual scrvices at the
established hourly rates in the Fee Schedule.
3.4 Invoices.
3..1. 1 Invoices must identitv the PO number and Contract Number
3.4.2 Submit by email. Invoices shall be emailed to:ap(citdaniabeachfl.gov
Altemativcly, invoiccs may be mailed to City of Dania Beach
Accounts Payable,
100 W. Dania Beach Boulevard
Dania Beach. Florida 33004.
And shall be concurrently emailed to the designated City's Representatir e
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3.2.1 BA!q!. Consultant's hourly rates for every position or lelel of profession or staff for
whom time will be invoiced under this Agreemcnt shall be included in the Fee Schcdule attached as
Exhibit B and incorporated into this Agreement. All such rates shall be effective for the term of this
Asreement. The llxed hourly costs for all positions will bc applicable to both in-house profcssional
engineering services and professional engineering services at the Consultant firm's place of business.
3.2.2 Expenses. The Fee Schedule shall include all administrative out-of-pocket expenses to
be reimbursed under this Agrcement.
3-2.4 Mark-Up. Any out-of-pocket costs shall not be marked up more than three BqgJ.Lt-]3%).
3.4.3 Invoices rcquesting reimbursement of expenses shall include copies of all
documentation ofthe expenses, to the satisfaction ofthe City.
3.4.4 Invoices received from Consultant pursuant to this Agreement shall be reviewed and
are subject to the prior approval ofthe City to determine if services have been rendered in conformity
with this Agreement.
3.5 Payment.
3.5.1 Electronic Deposit. The City will make payment by electronic deposit (ACH) based on
the directions provided to the City fiom Consultant.
3.5.2. The Fee shall be paid in accordance with the Payment Schedule and upon acceptance
ofdeliverables satisfactory to the City and receipt of a proper invoice from Consultant.
3.5.3. Payment of Fees will be made in accordance with the Local Govemment Prompt
Payment Act, Section 218.70, ct al., Florida Statutcs, as amcndcd, which provides for prompt payment.
interest payments, and dispute resolution provided detailed invoices are submitted in compliance with
the terms of this Agreement.
3.5.4. No payment made under this Agreement shall be conclusive evidence of the
pertbrmance of this Agreement by Consultant, either wholly or in part, and no payment shall be
construcd to be an acceptance of or to relieve Consultant of liability for the defective, faulty or
incomplete rendition of the Professional Services.
3.6 Final Invoice
In order for both parties to close their books and records, Consultant shall submit its final
invoice no later than fbur (4) months afier com pletion of all Professional Scniccs. Consultant shall
clearly indicate "Final Invoice" on its final invoice. Such indication shall certify to the City that all
Serv'ices have been properly performed and all charges and costs owed in connection with this
Agreement have been invoiced to the City. Any requests for reimbursement or fee payment, if not
properly included on the final invoice or not submitted within four months of completion of
Professional Services. are waived bv Consultant.
SECTION 4 - TERM
4.1 Term.
This Agreement shall commence as of the date of full execution of this Agreement. This
Agreement shall continue in force until completion of the Professional Services related to the Project
under this Agreement, unless terminated early by either party or pursuant to the termination provisions
in this Agreement
4.2 SurvivingProvisions.
It is agreed that the indemnity provisions, insurance provisions, the right to audit and all
covenants, agreements. and representations made in this Agreement or otherwise made in rl'riting by
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Consultant. including but not limited to any representations made relating to disclosure or ownership
ofdocuments, shall survive the expiration or tcrmination of this Agreement.
SECTION 5 - ESTIMATED CONSTRUCTION COSTS
5.1 Included in Estimated Construction Cost
The Estimated Construction Cost of a project shall include the total cost to City of all elements
of the entire project designed and specified by Consultant; including an itemization of each of the
following:
a. Cost ol construction including all labor, materials and equipment required; including
but not limited to, an estimated statement of proposed hourly rates and labor costs by
job classification; general conditions, bonds and insurance, etc.;
b. Allowance for construction cost contingencies;
c. Regulatory permit fees;
d. Allowance for other necessary services, such as materials testing, to be provided by
others for the City;
e. Traffic Control, when applicable;
f. Sheet and shoring, when applicable;
g. By-pass plumbing, when applicable;
h. Pressure Testing, when applicable;
i. Video Taping Inspections, when applicable;
j. MobitizationandDe-mobilizations;
(the "Estimated Construction Cost")
5.2 Excluded in Estimated Construction Cost
The Estimated Construction Cost shall exclude Consultant's Fee.
5.3 Cif"v's Reliance; Adjustment to Estimated Construction Cost
Consultant hcrcby represents to the City that Consultant is aware that City is rclying on thc
Estimated Construction Costs prepared by the Consultant. Consultant further represents that it has the
necessary resources and expertisc, including a cost analyst, to ensure that the bids received for thc
prolect will not exceed the Estimated Construction Costs determined by Consultant in the performance
of its Profcssional Scrviccs under this Agreement by a factor of more than tcn pcrccnt ( l0olo) over and
above the Estimated Construction Cost at the time that the construction procurement solicitation is
advertised fbr the project, subject to unforeseeable. documentcd. changcs in markets and costs. In the
event that the bidding phase has not commenced within three (3) months after Consultant submits the
Construction Drawings and Technical Specifications and Estimated Construction Cost of the project to
the City, the Estimated Construction Cost ofthe project may be adjusted by Consultant to reflect any
documented change in the general level of prices in the construction industry between the date of
submission of the Estimated Construction Costs to the City and the date on lvhich the construction
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procurement solicitation is ultimately advertised.
5.4 Inaccurate Estimated Construction Cost
In the event that a least two (2) responsive and responsible bids are received. and the lowest
"best value" bid, as such term is used in the City of Dania Beach Procurement Code, excluding any
altemate bid items ("base bid"), exceeds the Estimated Construction Cost for a project by more than
ten percent (10%), the Consultant shall explain, in writing, the reasons why the bids or proposals
exceeded the ten percent (10%) factor following the analysis ofall base bids. In such a circumstance,
the City may at its sole discretion, exercise any onc or morc of the following options: (l) Consultant
shall be required to amend, at the sole cost and expense ofConsultant, the Construction Drawings and
Technical Specifications along with the Estimated Construction Cost, to cnable thc projcct to contbrm
to a maximum of ten percent (10%) above the Estimated Construction Costs of the project and the
City's project budget with such amendments subject to the writtcn final acceptance and approval ofthe
City; (2) Consultant shall be required to provide. at the sole cost and expense ofConsultant. re-bidding
services and related items (including costs associatcd with regulatory review and approval of revised
documents) as many times as requested by the City until the base bid ofat least one "best value" bid
f'alls within thc lactor of tcn perccnt (10%) of the Estimated Construction Cost of the project; (3) City
may grant approval ofan increase in the Estimated Construction Cost ofproject; (4) City may abandon
the project and terminate this Agrccment: or (5) City may select as many deductive altematives as may
be necessary to bring the award within ten percent ( l0%) ol the Estimated Construction Costs of the
project. Notwithstandrng the foregoing and anlthing to the contrary contained in this Agreemenr, it is
expressly understood and agreed that the redesigning services required to keep a project within 10% of
the Estimated Construction Cost shall not bc considered additional senices and Consultant a-grees that
it shall not seek compensation from the City for same.
SECTION 6 - MODIFICATIONS TO THE SCOPE
Notwithstanding thc forcgoing provisions, the City reserves the right to make changes to a
project or the scope of Professional Seruices at any time, including alterations, reductions or additions
thereto. Upon receipt by Consultant of City's notification ofa contemplated change, Consultant shall
in writing: (i) provide a detailed estimate for the increase or decrease in Consultant's Fee and other
design costs that would result from the contcmplated change; (ii) provide a detailed cstimate for the
increase or decrease in Estimated Construction Costs that would result from the contemplated change;
(iii) notify the City of any estimated changc in the completion date; and (iv) advise thc City how thc
contemplated change shall affect the Consultant's ability to meet the completion dates or schedules. If
the City so instructs in writing, Consultant shall suspend work on the pofiion ofthe scopc of serviccs
affected by a contemplated change, pending the City's decision to proceed with the change. If the City
elects to make the change, the parrles shall cxecute a written amendment to this Agrccmcnt and
Consultant shall not commence work on any such change until such amendment is signed by the parties.
It is furthcr ackrrowledgcd and agreed that changes to Deliverables, or rcvisions ofstudies, that do not
increase or change the overall estimate of time under the schedule shall be considered mere substitution
of work for scope of work ("Substituted Services") alrcady included in the Fee. Substituted Sewices
shall not in any circumstances be considered compensable as other expenses. and, to the extent that the
event of Substituted Services causes an ovcrall reduction in the amount of time fbr services considered
in the Fee Schedule, such shall result in pro-rata reduction of the Fee.
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SECTION 7 - REPRESENTATIONS OF THE CONSULTANT
7 .l Authority.
Consultant hereby represents to the City that it has full power and authority to enter into and
fully perform its obligations under this Agreement without the need for any further corporate or
govemmental consents or approvals, and that the persons executing this Agreement are authorized to
execute and deliver it.
7.2 Duly Licensed.
Consultant represents that it is duly licensed in Florida to perform the Professional Services
under this Agreement and that it will continue to maintain all liccnses and approvals required to conduct
its business.
7.3 No Solicitation.
Consultant represents that it has not cmploycd or retained any company or person, other than a
bona fide employee working solely for Consultant, to solicit or secure this Agreement and that it has
not paid or agreed to pay any person, company. corporation. individual, or firm, other than a bona fide
employee working solely for Consultant, any fee, commission, percentage, gitl, or any other
considcration contingent upon or resulting from the award or making of this Agrecmcnt. In thc cvcnt
of a breach or violation ofthis provision by Consultant, the City shall have the right to terminate the
Agrccmcnt without liability and, at its discretion, to deduct from the Fee, or otherwisc rccovcr, thc full
amount of such fee. commission, percentage, gift. or consideration.
7.4 Convicted Vendor List.
Consultant represents that the execution of this Agreement will not violate Section 287.133,
Florida Statutes and certifles that Consultant and any parent corporations, affiliates, subsidiaries.
members, shareholders, padners, officers, directors or executives, and any sub-consultants have not
been placed on the Convicted Vendor List maintained by thc State of Flonda within 36 months prior
to the submittal of the Proposal to under this RFQ. Violation of this section may result in termination
of this Agreement and recovery of all monics paid hcreto, and may result in debarment from City's
competitive procurement activities.
7.5 Discriminatory Vendor List.
In accordance with Fla. Stat. Sec. 287.134, Consultant rcprcscnts that it has never been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services. Violation
of this section may result in termination ofthis Agreement and recovery ofall monics paid hcrcto, and
may result in debarment from City's competitive procurement activities.
7.6. Scrutinized Companies List.
Pursuant to Fla. Stat. Sec. 287.135, Consultant represents that Consultant is not on the
Scrutinized Companies that Boycott Israel List, maintained by the State ofFlorida, and is not engaged
in a boycott of Israel. Consultant further represents that it is not on the Scrutinized Companies with
Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy
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Sector List, or engages in business activities in Sudan or Cuba. Violation of this section may result in
termination of this Agreemcnt and recovery of all monics paid hereto, and may result in dcbarmcnt
liom City's comperirive procuremenl acli\ ities.
7 .7 E-Verif;"
7.7.1, In compliance with Section 448.095, Fla. Stat., Consultant shall utilize the U.S.
Department of Homeland Security's E-Verily system to verify the employment eligibility of new
employees hired by Consultant during the term of this Agreement. Consultant shall require all
subcontractors performing scrviccs undcr this Agreement to verify the employment eligibility ofnew
employees hired by the subcontractor during the term ofthis Agreement. Consultant shall require each
of its subcontractors to provide Consultant with an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of
thc subcontractor's affidavit as part of and pursuant to the records retention requirements of this
Agreement.
7.7.2 The City, Consultant. or any subcontractor who has a good faith beliefthat a person or
cntity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions
ofthis section shall terminate the contract with the person or entity. A contract terminated under the
provisions of this section is not a brcach of contract and may not be considered such. Consultant
acknowledges that upon termination ol this Agreement by City for a violation of this section by
Consultant, Consultant may not bc ar.vardcd a public contract for at least one ( I ) year. Consultant furthcr
acknowledges that Consultant is liable for any additional costs incurred by the City as a result of
termination ofany contract for a violation of this section.
7.7.3 Consultant or its subcontractor shall insert in any subcontracts the clauses set forth in
this sectron and shall require subcontractors to include these clauses in any lower tier subcontracts-
7.8 ADA Compliance.
Consultant shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act (ADA), including all applicable regulations, guidelines, and standards.
7.9 Standard of Care.
The standard of care for all Professional Senices performed or fumished by Consultant under
this Agreement will be the care and skill ordinarily used by members of Consultant's profcssion
practicing under similar circumstances.
7.ll Compliance with Laws.
In the conduct of Professional Services under this Agreement, Consultant shall comply in all
material respccts with all applicable federal and state laws and regulations and all applicable County
and ( iry ordinances and regulations.
7.12 Design and Constructability.
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7.10 Standard of Conduct.
The implied covenant ofgood faith and fair dealing under Florida law is cxprcssly adopted.
Consultant hereby represents to City that where Professional Services includes development of
Construction Drawings and Technical Specifications, such prqect: (i) is and shall be dcsigncd with no
material defects in design, determined in accordance with sound architectural and engineering
principlcs. as applicablc, and generally accepted industry standards: (ii) is and shall bc dcsrgncd in
accordance with generally accepted architectural and engineering standards, as applicable, and ( iii) is
constructible. Without waiver of City's other rights and remedies, City may require Consultant to
perform again. at Consultant's sole cost and expense, any design senices rvhich were not pertbrmed
in accordance with the requirements and standards set forth in this Agreement. Consultant hereby
waives any claims which it may have or assert against the City with respect to this section, except and
unless and tailurc of Consultant to perform, in whole or in part, is due to the action or inaction ofthc
City. Without limiting any other remedy available to City, the Consultant shall fumish at its own
expense any rcdcsign or rcvisions to the Construction Documents and Technical Specifications
necessary to correct any material errors, omissions, failures or deficiencies in such documents, and
shall. at its solc cost and cxpcnse, correct any work performed in accordance with deficicnt documcnts.
The City's review or approval ot', or payment tbr, any Professional Services or deliverables under this
Agreement shall not bc construcd as a waiver ofany rights under this Agreement or any causc ofaction
arising out of performance under this Agreement. This section shall survive the expiration or
termination of this Agrccmcnt.
7.13 Ethics Provisions; No Conflicts of Interest.
7.13.1 Consultant represents that it has not given or accepted a kickback in relation to this
Agrccmcnt and has not solicited this Agreement by payment or acceptancc of a gratuity or offer of
employment.
7. [3.2 Consultant represents that it has not solicited this Ageement by payment of a gifi or
$atuity or offer of employment to any official, employee of the City or any City agency or selection
committee.
7.13.3 Consultant represents that it does not and will not employ, directly or indirectly, the
mayor, members of the City commission or any official, department director, head of any City agency,
member of any board, committee or agency of the City, or any other City employee without pnor
approval.
7. 13..1 Consultant represents that it does not employ. directly or indirectly. any official of the
City. Consultant represents that il does not employ, directly or indirectly, any employee or member of
any board, commiftee or agency of the City who, alone or together with his household members, own
at least five percent (5%) ofthe total assets and/or common stock ofConsultant.
7.11.5 Consultant represents that it has not knowingly given, directly or indirectly. any gili
with a value greatcr than S 100 in thc aggrcgatc in any calendar year to the mayor, members ofthc City
commission. any department director or head ofany City agency, any employee ofthe City or any City
agency, or any mcmbcr of a board that providcs regulation, oversight, management or policy-sctting
recommendations regarding the Consultant or its business.
7. I 3.6 Consultant reprcsents that it prcscntly has no interest and shall acquire no intcrcst, cither
direct or indirect, which would conflict in any manner with its performance under Ihis Agreement. The
Consultant furthcr rcprcscnts that no person having any such intercst shall be employed or engagcd by
it to provide lhe Prolissional Services.
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7.13.7 Consultant, its oflicers, personnel. subsidiaries and subcontractors shall nothaveorhold
any continuing or frequently recurring employment, contractual relationship, business association or
other circumstance rvhich may influence or appear to int'luence Consultant's exercise ofjudgment or
quality of the Professional Services being providcd undcr this Agreement. Consultant, its officcrs,
personnel, subsidiaries and subcontractors shall not perform consulting work for any third party that
would in any way be in conflict with the Professional Services to be provided to the Cify under this
Agreement.
7.13.8 Consultant, its officers, personnel, subsidiaries and subcontractors shall not, during the
tcrm of this Agrcement. serve as an cxpcrt witncss against Ciry in any legal or administrativc
proceeding unless compelled by court process. Further, Consultant agrees that such persons shall not
givc sworn tcstimony or issue a repon or writing. as an cxpression of his or her expert opinion, which
is adverse or prejudicial to the interests of City or in connection with any pending or threatened legal
or administrative proceeding. The limitations of this scction shall not preclude such pcrsons tiom
representing themselves in any action or in any administrative or legal proceeding.
7.13.9 Consultant shall promptly notify the City in writing by certified mail of all potential
conflicts of interest or any event dcscribcd in this Scction. Said notification shall idcntity the
prospective business interest or circumstance and the nature of work that Consultan( intends to
undcrtakc and shall request the opinion of thc City as to whether such association. intcrest or
circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by
Consultant. Thc City agrees to notify Consultant by ccrtiticd mail of its opinion rvithin thirty (-10)
calendar days of receipt of the said notilication and request for opinion. If, in the opinion of the City,
thc prospcetivc business associalion. intcrcst or cireumstancc u ould not constitute a conflict ofintcrcst
by Consultant, the City shall so state in its opinion and Consultant may, at its option, enter into said
association, interest or circumstance and it shall be deemed not in conflict of interest with respect to
services provided to the City by Consultant under this Agreement.
7.13.10 In thc event Consultant is permittcd to utilizc subcontractors to perform any scrvict's
required by this Agreement, Consultant agrees to prohibit such subcontractors. by written contracl,
fiom having any conflicts as wirhin the mcaning ofthis section.
7.14 LobbyingCertification.
Consultant certifies to the best of its knowledge and beliefthat no Federal or State grant t'unds
or othcr rcsourccs received in connection with this Agrccmcnt will be used directly or indircctly to
influence legislation or any other othcial action by a Member of Congress. a member of the Florida
Legislature or any state agency.
7.15 Truth in Negotiation Statement.
Signature of this Agreement by Consultant serves as the execution of a truth-in-negotiation
ccrtificatc certifying that thc compcnsation and hourly rates and othcr cxpenses or costs to bc
compensated under this Agreement are accurate, complete and current at the time ofcontracting. The
fccs and cxpenses payablc under the contract shall bc adjustcd to exclude any significant sums should
the City determine that the fees and costs were increased due to inaccurate, incomplete or non-current
wagc ratcs or duc to inaccurate reprcscntations oft'ccs paid to sub-consultants or sub-contractors. Any
such contract adjustments must be made r.l,ithin one year lbllowing the expiration or termination of this
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7 .16 Financial Capability.
Consultant certifies that Consultant has not filed lor bankruptcy in the past five (5) years and is
financially able to provide Professional Services under this Agreement. Consultant further represents
that it has no obligation or indebtedness that would impair its ability to meet the completion dates or
schedules to be established by the Project Schedule and this Agreement.
7.17 No Felony or Fraud.
Consultant certihes that neither Consultant nor any of Consultant's principals have been
indicted for or convicted of a felony or fraud.
SECTIO\ 8 RESPONSIBILITIES OF THE CITY
8,f DesignationofRepresentative.
The City agrees to designate an individual to act as thc City's representative with respect to the
Professional Services to be rendered under this Agreement, provided that such representative shall not
havc thc authority to amend or modi! this Agreement. Such person shall have authority to lransmit
instructions, receive intbrmation and define the policies and decisions of the Ciry with respect to
Consultant's Profcssional Serviccs.
8.2 Specification of Citv Requirements.
The City agrees to provide information as to the City's requirements for the Project or task or
under this Agreement. including design objectives and constraints, space. capacity and performance
requirements, flexibility and expendability and budgetary limitations.
8.3 ltems to be furnished upon the Consultant's Request.
The designated representative ofthe City will use reasonable efforts to provide to Consultant,
upon Consultant's request, the following information, along with previous reports or studies and any
other data relative to design or construction of a project. The City makes no representation that any
such data or documents provided by the City are accurate or reliablc.
l. Data prepared by others relevant to the project;
2. Appropriate professional intcrprctations of data prcparcd by othcrs relcvant to thc
prqject;
3. Environmental assessment and impact statements;
4. Propeny. boundary, easement, righrof-way, topographic and utility surveys;
5. Property descriptions; and
6. Zoning, deed and other land use restrictions
8.4 Access to Propert"v.
The City agrees to arrange for access to and make all provisions for Consultant to enter City
property or facilities as required for Consultant to pertbrm services under this Agreement.
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Agreement.
8.5 Attendance at Nleetings.
The City agrees that a representative ofthe City will attend regularly scheduled Project progress
meetings, when requested, held at the City or Consultant's local office, as well as substantial
completion inspections and final inspections. Consultant's Project Manager, or a key team member,
will attend all regularly scheduled Project progress meetings at the dates and times established.
SECTION 9 _ DOCUMENTS
9.1 Olvnership of Documents.
All plans, drawings, calculation, construction documents, technical specifications, sketches,
photographs, videos, illustrations, tracings, PowerPoint presentations, specifications. maps, computer
filcs and/or studies or reports prepared or obtained undcr this Agreement, as well as all data collcctcd,
together with summaries and charts derived thereliom, regardless of form or format, will be considered
works madc fbr hire and, upon payment by the City of the Fee for same, will become the cxclusivc
property of the City without restriction or limitation on their use and will be made available, upon
rcquest, to the City upon request and/or upon completion or termination of this Agrccmcnt. City shall
not be required to pay any additional charges for the City's documents and records. Documents can be
provided to thc City clcctronically. Upon delivery to the City of said document(s), the City will become
the custodian thereof in accordance with Chapter 119, Florida Statutes. Consultant will not copyright
any matcrial and products or patent any invention developed under this Agreement. Consultant
specifically waives and releases all rights r.vhich Consultant may have in the materials, products or
invention pursuant to 17 U.S.C. $$106.4 and 113(d). Consultant acknowledges and affirms that
pursuant to 17 U.S.C. $106A(e) such waiver and release shall be effective as to any and all uses
foreseeable and unforeseeable for which such materials, products or invention might be subject.
Consultant waives and assigns to City all copyrights under l7 U.S.C. 8101. et seq., and all other rights
in the materials, products, invention and any work produced. Any reuse of Consultant's prepared
documents by the City, except for thc spccific purpose intended undcr this Agreement, will be at City's
sole risk and without liability or legal exposure to Consultant or its sub-consultants.
9.2 Obligation to Furnish Documents to the Cit"v.
Consultant shall dclivcr to thc City tbr approval and acccptance, and before being eligible for
linal payment ofany amounts due under this Agreement, all documents and materials prepared for the
City in conncction with this Agreement. All such documents and records shall be provided withrn a
reasonable time at no additional cost. Such documents may be provided electronically.
9.3 Consultant'sRecords.
Notwithstanding any other provision in this Section, Consultant shall be entitled to rctain a copy
of all plans, drawings, calculation, construction documents, technical specifications, sketches,
photographs, videos, illustrations, tracings, PowerPoint presentations, specifications, maps, computer
files and,/or studies or reports prepared or obtained under this Agreement, as well as all data collected,
together with summaries and charts dcrived therefrom, for Consultant's records only as is ncccssary
for Consultant to document its Professional Services. Consultant acknowledges that plans, drau ings.
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documents, and records related to the physical security of City t'acilities or security systems are exempt
or confldential records and shall not be discloscd by Consultant, cxccpt as authorized by law and
specitically authorized by City.
SECTION l0 - Reserved.
SI.]CTIO\ II _ STANDARD TERMS AND CONDITIONS
l1,l ConsultantsCompetitiveNegotiation Act.
The parties confirm that the procurement of the Professional Services under this Agreement
was thc subject ofthe competitive selection and ncgotiation processes mandated by Scction 287.055,
Florida Statutes, unless specifically exempted tiom it.
ll.2 Personnel; Staffing; Sub-contractors.
I 1.2.1 Indep endent Contractor Relationship All persons employed by Consultant and engaged
in any ofthe work or Professional Serviccs pcrformcd by Consultant pursuant to this Agreement shall
at all times be subject to Consultant's sole direction. supervision. and control. Consultant shall exercise
control over the means and manner in which it and its cmployecs pcrform the work, and in all respccts
Consultant's relationship and the relationship of its employees to the City shall be that of an
indepcndcnt contractor and not as cmployccs or agents of the City, regardless of whcthcr thc
Consultant's personnel work on-site- Consultant does not have the power or authority to bind the City
in any promisc, agreement or reprcscntation other than as may be specifically providcd for in this
Agreement. Consultant shall be responsible to the City for all Professional Services or work performed
by Consultant or any person or firm cngagcd as a sub-consultant or subcontractor to perform work in
fulfillment of this Agreement.
I I .2.2 Personnel. Consultant represents that its project manager and all key stafT identiiied in
Consultant's Proposal shall remain assigned to the Project, unless otherwise specifically agreed by the
City. All pcrsonnel engaged in performing the Prot'essional Serviccs shall be fully qualified and. if
required, licensed or permitted under all applicable federal, state and local laws and regulations to
pcrfbrm such services. Consultant specifically acknowlcdges that its cmployees will not be covercd
by the City's workers' compensation insurance and Consultant will be solely and exclusively
responsible for payment of all federal and state incomc, social sccurity, unemplol,rnent and disability
taxes due in respect ofall compensation and/or other consideration paid by the City to Consultant under
this Agrccmcnt.
I I .2.3 Non-Discrimination by Consultant. Thc Consultant represents that all of its cmployccs
and applicants lbr employment are treated equally without regard to race. color. religion. sex, sexual
oricntation, gender identity or cxprcssion, gcnctic information, national origin, agc, disability, familial
status, or marital status, and that in providing services. Consultant does not discriminate with regard to
any of thc aforcmcntioned factors.
I | .2.4 Prohibited Persons Neither Consultant nor any of its respective officcrs, dircctors,
shareholders, partners. members or affiliates (including without limitation indirect holders of equity
intcrcsts in Contractor) is or will bc an cntity or pcrson subject to the provisions of Executivc Ordcr
13224, as amended, or is subject to sanctions ofthe United States government or is in violation ofany
2t
t'ederal. state. municipal or local laws. statutes, codes. ordinances, orders. decrees, rules or regulations
rclating to terrorism or money laundering, or who is otherwisc afliliated with any entity or person listcd
above.
I I .2.5 Selection of Sub-Contractors. Consultant shall obtain thc prior written approval of the
City as to each proposed subcontractor and the City reserves the right to reject the selection of a
particular subcontractor and to inspect all facilities of any subcontractor in order to make a
determination as to the capability ofthe subcontractor to perform properly under this Agreement. If it
becomes necessary to replace a particular subcontractor to complete its part ofthe services, Consultant
shall promptly do so, subject to prior written approval and acceptance ofthe new subcontractor by the
City, which approval shall not bc unrcasonably withheld.
I1,3 State Taxes.
Consultant understands that in performing the Professional Services for the City. Consultant is
not exempt fiom paying salcs tax to Consultant's suppliers for matcrials rcquired for Consultant to
pertbrm under this Agreement. Consultant shall not be authorized to use the City's tax exemption
number for purchasing supplics or materials.
t 1.4 Availability of Funds.
This Agreement is expressly conditioned upon the availability of f'unds lawfully appropriated
and available for the purposcs sct out herein as determincd in the solc discrction ofthe City. By lau,,
the City shall not expend any money under any contract in excess ofthe amounts budgeted for such
cxpcnditure during the specific fiscal year. If funding for this Agrccmcnt is in multiple fiscal years,
Iunds must be appropriated each year prior to costs being incuned. Nothing in this paragraph shall
prcvent the making ofagrcemcnts with a term of more than one year, but any agreement so made shall
be executory only for the value of the Professional Services to be rendered or paid for in succeeding
fiscal years. In the event funds to finance this Agreement become unavailable. the City may terminatc
this Agreement upon no less than twenty-four (24) hours' notice to Consultant. The City shall be the
sole and final authority as to the availability offunds.
I 1.5 Right to Audit.
Consultant shall maintain adcquatc rccords for the Profcssional Scrvices perfbrmcd under this
Agreement, including (a) timesheets kept in a clear and orderly fashion used to substantiate the
monthly invoiccs in accordance with gcncrally accepted accounting principlcs, and (b) adequatc
records to justily all charges. expenses and costs in performing the Professional Services: and (c)
copics of communications rcgarding thc performance of its obligations undcr this Agreement, for fivc
(5) years following completion of the Sen'ices. or conclusion of any litigation regarding this
Agrccmcnt. The City shall have thc right to audit Consultant's books and rccords. at the City's
expense, upon prior notice, with regard to the Professional Senices provided to the City under this
Agrccmcnt. Consultant shall allow thc City or its represcntative to intcrvicw all current or formcr
employees to discuss matters pertinent to this Agreement. If an audit inspection in accordance with
this scction discloses overpricing or ovcrcharges (of any naturc) by Consultant to the City in excess of
one-halfofone percent (.5%) ofthe total contract billings, ( I ) the reasonable costs ofthe City's Intemal
Audit depanment shall bc rcimburscd to thc City by the Consultant and (2) a l5% penalty of thc
overpricing or overcharges shall be assessed. Any adjustments and/or payments which must be made
as a result ofthc audit inspection, including any interest, audit costs and pcnalties shall be madc by thc
Consultant within 45 days from presentation of City's findings to Consultant. Failure by Consultant
to pcrmit such audit shall bc grounds lbr tcrmination of this Agrcemcnt by thc City.
11.6 Public Records Larv.
I I .6. I Consultant shall comply with Chapter I 19. Florida Statutes, regarding public records.
Consultant shall keep and maintain all documents, correspondence, reports, computer llles, emails,
plans, drarvings, calculations, technical specifications, sketches, photographs, videos, illustrations,
tracings, specifications. maps. etc., prepared in order to perfomr the sen ices under this Agreement.
11.6.2 Consultant shall ensure that public records that are exempt or confidential and exempt
from public records disclosurc arc not discloscd. Rccords that arc cxcmpt or contidcntial and exempt
from public records requirements may include plans, drawings and records related to the physical
security of City buildings or sccurity systcms and shall not bc discloscd by Consultant. except as
authorized by law and specifically authorized by City.
1 1.6.3 A request to inspect or copy public records relating to this Agreement must be made
directly to the City. lfthe City does not possess thc requestcd rccords, thc City shall immediately notify
the Consultant of the request. and the Consultant shall provide the records to the City or allow the
records to be inspected or copied within a reasonable timc at thc cost that would not exceed the cost
allowed by law. All records stored electronically must be provided to the City. upon request, in a
format that is compatible with thc information tcchnology systems of the City. Failurc of the
Consultant to provide public records to the City within a reasonable time or allowable cost may be
subject to penalties under Sec. I I 9. 10. Fla. Stat., and may be causc for termination of the Contract by
the City, in addition to any other remedies available under the Contract or by law.
I1.6.4 Upon completion ofthe Agreement, Consultant shall transfer, at no cost, to the City all
public records in possession of Consultant. Consultant shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requircments.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
I I9, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. CONTACT THE CITY CLERK. WHO IS THE CITY'S
CUSTODIAN OF PUBLIC RECORDS. AT:
Of1icc of the City Clerk
City of Dania Beach
100 W. Dania Bcach Boulcvard
Dania Beach. FL 33004
954-924-6800. Ext. 1623
Eriera(Odaniabeachfl . gov
ll.7 Confidentiality
I1.9 Insu rance.
The Consultant shall not commence services under an Agreement until it has obtained all insurance
required undcr this paragraph and as required by thc Agreement, and not until such timc that thc
coverages are approved by the Risk Manager ofthe City. The Consultant shall not allow any employee
of Consultant or any subcontractor to commencc services on any subcontract until thc subcontractor
and all coverages required ofany subcontractor have been obtained and approved by the Risk Manager
of theCity. In addition, thc Consultant shall bc responsible for any and all policy deductiblcs and sclt'-
insured retentions.
The fbllowing are requirenrents that must be met regarding the Consultant's delivery olCertilicates of
lnsurancc for all covcragcs rcquired in the Agrcement and Proposal Documcnts:
ll.9.l "Official" Ccrtificates of lnsurance must be delivered to thc City Clcrk's office and Risk
Manager ofthe City. Ifthe "Of'ficial" certificates are not delivered before or on the fourteenth (t4'h)
Business Day aftcr thc issuancc by the City ofthc "Notice of Selectcd Proposcr", thcn the City has thc
right to consider the awarded Agreement to the successful Proposer as void and to negotiate a contract
with the next best qualified Proposer. "Special Provisions", as referenced below under each type of
insurance requirement shall be fully confirmed on or attached to the "Of'ficial" certificates.
I 1.9.2 All Certificatcs of Insurancc must clearly identifu the contract to which they pcrtain, including
a brief description of the subject matter of the contract. The certificates shall contain a provision that
covcrage atlbrded undcr thc policies will not be canccled until at least thirty (10) days'prior wrincn
notice has been given to City. If this coverage is not provided, then the Consultant is responsible tbr
such notice to City. lnsurancc policies for required coverages shall be rssued by companics authorizcd
to do business under the laws ofthe State of Florida and any such companies' tinancial ratings must be
no less than A-VIl in thc latcst edition of thc "BEST'S K-EY RATING GUIDE", publishcd by A.M.
Best Guide. [n the event thal the insurance carrier's rating shall drop, the insurance carrier shall
rmmediatcly notify the'Crty in writing.
11.9.3 Covcragcs shall bc in force until all scrvices required to bc performed under thc tcrms ofthc
Agreement. including any applicable warranry period, is satisfactorily completed as evidenced by the
tbrmal writtcn acccptancc by thc City. In thc cvcnt insurance certificates provided to City indicate that
the insurance shall terminate and lapse during the period of the Agreement, including any applicable
warranty pcriod, thcn in that cvcnt, thc Consultant shall fumish. at least thirty (30) days prior to thc
expiration ofthe date ofsuch insurance. a renewed Certificate oflnsurance as proofthat equal and like
coverages tbr thc balance ofthe period ofthc Agreement, including any extension of rt, and including
any applicable warranty period, is in effect. THE CONSULTANT AND ANY APPROVED
24
Consultant agrees that it will make no statements, press releases or publicity releases conceming
this Agreement or its subjcct mattcr or otherwise disclose or permit to be disclosed any of thc data or
other information obtained or fumished in compliance with this Agreement, or any particulars thereof'.
during thc pcriod ofthc Agrccmcnt, rlithout first notif,ing the City and sccuring its consent in u'nting.
11.8 No Pledge.
Consultant shall not pledge the City's credit or attempt to make the City a guarantor ofpayment
or surety for any contract. debt. obligation, judgment. lien, or any other form of indebtedness.
SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE SERVICES PURSUANT TO
THE ACRIEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND
EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVER{GE SHALL BE
NON-EXCUSABLE, SHALL NOT BE GROUNDS FOR A TINTE EXTENSION, A\D \\'ILL
BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE
AGREENIENT OR ELSEWHERE IN THE RFQ DOCUNIENTS CONCERNING DEI,AY.
11.9.4 Lry.felq A9Sgig94!: The Consultant shall secure and maintain thoughout the duration
of the Agreement, insurance ofsuch types and in such amounts not less than those specified below as
satisfactory to City naming the City as Additional lnsured, undcrwrittcn by a flrm ratcd A-X or bettcr
by A.M. Elest and qualified to do business in the State of Flonda. The insurance coverage shall be
primary insurance with respect to the City, its oitlcials, cmployees, agcnts and volunteers naming the
City as additional insured. Any insurance maintained by the City shall be in excess ofthe Consultant's
insurancc and shall not contributc to the Consultant's insurance. The insurancc coverages shall include
at a minimum the amounts set forth in this section and may be increased by the Consultant as it deems
necessary or prudent.
a) Commercial General Liability covcragc with limits of liability of not lcss than a
S1,000.000.00 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Complctcd Operations and Product
Liability coverages and eliminate the exclusion with respect to property under the care,
custody and control of Consultant. Thc General Aggrcgatc Liability limit and the
Products/Completed Operations Liability Aggregate limit shall be in the amount of
S2,000,000.00 each.
b) 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 S1,000,000.00 each accident. No
employee, subcontractor or agent of the Consultant shall be allowed to provide services
pursuant to this RFQ who is not covcrcd by Workers Compcnsation insurancc.
c) Business Automobile Liability with minimum limits of $ I,000.000.00 per Occurrence.
combined single limit fbr Bodily Injury and Property Damagc. Coverage must bc aflbrded
on a tbrm 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.
d) Professional Liability Insurance in an amount of not less than One Million Dollars
(S 1,000.000.00) per occurrence, single limit.
Coverage shall apply for a minimum of three years following completion of the services. The above
are minimum requirements for projects up to $ 100,000.00.
For projects over $ 100.000.00, the following increased limits are required:
. General Liability: $2,000,000.00PerOccurrence/$4,000,000 Aggregate
o AutomobileLiability: $2,000,000.00. Professional Liability: 53,000,000.00 Per Occurrence
25
I 1.10. Indemnification.
Consultant agrccs to indemnily and hold harmless thc City, its ofliccrs. agents and cmployees,
from liabilities, damages, losses and costs, including. but not limited to, reasonable attorneys' fees, to
thL- cxtcnt caused by the negligence, rccklcssness or intcntionally wrongful conduct ofConsultant and
any other persons employed or utilized by Consultant in provision ofthe Professional Sen'ices under
this Agreement. PURSUANT TO F.S. SEC. 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT
MAY NOT BE HELD LIABLE FOR NEGLIGENCE- To the extent considered necessary by the City,
any sums due Consultant under this Agreement may be retained by City until all of City's claims for
indemnification have been resolved. and any amount withheld shall not be subject to the payment of
interest by City. This indcmnification agrccment is separatc and apart from, and in no way limited by,
any insurance provided pursuant to this Agreement or otherwise. This paragraph shall not be construed
to requirc Consultant to indcmnifu thc City for the ncgligence or intcntional acts of thc City, its
employees or agents. Nothing in this Agreement shall be deemed to be a waiver of the City's sovereign
immunity under Section 768.28, Florida Statutes and City and Consultant also agrcc that any liability
of City under this Agreement shall be limited to the amounts established in Section 768.28. Florida
Statutcs. This clause shall survive the cxpiration or termination ofthis Agrccment.
I I . 12. I Eithcr party may terminate this Agreemcnt fbr cause in thc event that: ( I ) the other
party violates any material provisions of this Agreement or perforrns same in bad faith or (2)
unreasonably delays thc pcrformance of its obligations hercunder, upon writtcn notice to said dcfhulting
party live (5 t calendar days prior to termination.
11.12.2 In the event this Agreement is terminated by the City for cause. the City may take over
the Professional Scrviccs and complctc them by contracting with anothcr consultant (s) or oth!'rwise.
and in such event. Consultant shall be liable to the City fbr any additional cost incurred by the City due
to such termination. "Additional Cost" is defined as the differcncc bctwccn the actual cost of
completion ofsuch incomplete Professional Services and the cost of completion of such Prot'essional
Serviccs which would havc rcsulted from payments to Consultant had this Agreemcnt not been
terminated.
I1.12.3 The City shall have the right to terminate this Agreement, in u,hole or in pan, rvithout
causc! upon five (5) days written noticc to Consultant, whcn the City determines that continuation of
)6
I l.l I Force Majeure
Any deadline provided for in this Agreement may be extended. as provided in this paragraph,
if the dcadline is not mct because of onc of the following conditions occurring with respcct to that
particular project or parcel: fire. strike, explosion. power blackout, earthquake, volcanic action. flood,
war, civil disturbances. tcrrorist acts, hurricanes and acts ofGod. When onc ofthe foregoing conditions
interferes with contract performance, then the party alfected may be excused from performance on a
day-for-day basis to thc cxtcnt such party's obligations rclate to the performancc so interfercd *ith, or
as agreed in writing betrveen the parties, provided that the party so affected shall demonstrate and
proceed with efforts to remedy or remove such causes of non-performance. The party so affected shall
not be entitled to any additional compensation by reason ofany day-tbr-day extension hereunder.
1 1.12, Termination,
this Agreement would not produce beneficial results commensurate with the expenditure of public
funds.
I L 12.,1 The City reserves the right to cancel this Agreement for failure by the Consultant
to comply with the Public Records provisions of Chapter I I 9, Florida Statutes.
I 1.12.6 In thc event of tcrmination, Consultant, upon rcccipt ofthe notice ofsuch termination,
shall: ( I ) stop the pertbrmance of the Professional Services on the date and to the extent specified in
the notice of termination; (2) placc no further ordcrs or subcontracts except as may be ncccssary for
completion of any portion(s) of the Professional Services not terminated and as authorized by the
writtcn notice; (3) tcrminate all ordcrs and subcontracts to the extcnt that they rclate to the perfbrmance
of the Prot'essional Services terminated by the notice of termination: (4) transfer title to the City (to the
extenl that title has not already been transferred) and deliver according to the manner, at the times. and
to the extent directed by the City. all property purchased under this Agreement and reimbursed as direct
items of cost and not required for completion of thc services nol terminated; (5) promptly asscmble
and deliver as provided above all documents related to this Agreement; (6) promptly complete
pcrformance ofany Professional Scrvices not tcrminated bythc notice oftcrmination andlor coopcrate
in transition of its consulting duties to appropriate panies at the direction ofthe City.
11.12.7 ln the event of termination, the City shall compensate Consultant for all authorized
Prolessional Services satisfactorily performed through the termination date, and for costs incurred,
under the payment terms contained in this Agreement. In the event of Termination for Cause, no
payments to Consultant shall be made (l) for Professional Services not satisfactorily performed and
(2) fbr assembly of and submittal of documcnts as requircd undcr this Agreemcnt. In no event shall
City be obligated to compensate Consultant for lost profits, or any resulting or consequential damages.
I 1.12.8 Upon termination, this Agreement shall have no further force or effect and the parties
shall be relievsd of all further liability under this Agreement, exccpt that the provisions of this scctron
and the provisions regarding termination, the right to audit, property rights, insurance, indemnification,
goveming law and Iitigation shall survive termination of this Agrcement and rcmain in full forcc and
effect.
I l.l3 Communications and Notice.
All writtcn notices. demands and other communications rcquired or provided for under this
Agreement shall be sent by certified mail. retum receipt requested, postage prepaid, in the case of
mailing, or by ovemight or same day courier, or by electronic transmission producing a written rccord,
or hand delivered to the appropriate parties at the addresses(es) listed in Exhibit D.
11.14 Performance Evaluations.
Consultant will bc cvaluatcd on a projccfby-projcct basis. The cvaluations provide Inlbrmation about
compliance with budget, schedule. and oversight needs and provide input for the recertification process.
27
I I . 12.5 Upon termination, Consultant shall immediately assemble and deliver all documents,
drawings, signed and sealed drawings. Construction Documents, Technical Specifications. CADD
files. calculations, specifications, correspondence, testing and materials inlbrmation, warranties,
manuals, written infbrmation, electronic data and all other materials in its possession conceming the
Profbssional Serviccs under this Agrccment and City projects to thc City.
Evaluations are submitted to the Consultant's person in responsible charge or designee as part of the
projcct closeout process.
I l.l5 Performance ofGovernment Functions.
Notwithstanding an),thing in this Agreement to the contrary, nothing contained in this
Agreement shall in any way stop, limit or impair the City of Dania Beach from exercising or perfbrming
any regulatory, policing, legislative, governmental or other powers or functions with respect to any
proj cct.
I l.16 Litigation; Governing Law; Venue; Waiver of Jury Trial.
This Agreement shall be construed and interpreted, and the rights of the parties hereto
dctcrmined, in accordance with Florida law without rcgard to conflicts of law provisions. ThcCityand
Consultant submit to thejurisdiction ofFlorida courts and t'ederal courts located in Florida. The parties
agrcc that propcr vcnue fbr any suit conceming this Agrccment shall be Broward County, Florida, or
the Federal Southem District of Florida. Consultant agrees to rvaive all defenses to any suit filed in
Florida based upon impropcr ven:ue or Ji;rum nonconveniens.
I l.l7 Waiver of Jurl' Trial.
THE CITY AND CONSULTANT HEREBY MUTUALLY KNOWINGLY. WILLINGLY
AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY. AND NO PARTY NOR ANY
ASSIGNEE, SUCCESSOR, OR LEGAL REPRESENTATIVE OF THE PARTIES (ALL OF WHOM
ARE HEREINAFTER REFERRED TO AS THE "PARTIES") SHALL SEEK A JURY TRTAL IN
ANY LAWSUIT. PROCEEDING, COLINTERCLAIM OR ANY OTHER LITIGATION
PROCEEDING BASED UPON OR ARISING OUT OF THIS AGREEMENT, OR ANY COURSE
OF ACTION, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR
ACTIONS RELATING TO THIS AGREEMENT. THE PARTIES ALSO WAIVE ANY RIGHT TO
CONSOLIDATE ANY ACTION IN WHICH A ruRY TRIAL HAS BEEN WAIVED, WITH ANY
OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF
THIS PARAGRAPH HAVE BEEN FULLY NEGOTIATED BY THE PARTIES. THE WAIVER
CONTAINED HEREIN IS IRREVOCABLE. CONSTITUTES A KNOWING AND VOLUNTARY
WAIVER AND SHALL BE SUBJECT TO NO EXCEPTION. NEITHER THE CITY NOR THE
CONSULTANT HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER OR
ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARACR.APH WILL NOT BE FULLY
ENFORCED IN ALL INSTANCES. THE PROVISIONS OF THIS PARAGRAPH SHALL
SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
I l.lE Remedies.
No remedy conferred upon any party is intended to be exclusive ofany other remedy, and each
and cvery such rcmedy shall be cumulativc and shall be in addition to evcry other rcmedy granted by
this Agreemenl or now or hereafter existing at lau,or in equity or by stature or otherwise. No single
or partial cxcrcise by any party of any right, powcr, or rcmedy shall precludc any other or funher
exercise thereot'.
28
No provision of this Agreement is intended, nor shall be construed to, create any third parly beneticiary
or providc any rights to any person or entity not a party to this Agrccment, including but not limited to
any citizen or any employee of the City or Consultant.
I l.l9 Inspector General.
Consultant is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance ofthis Agreement, and may
dcmand and obtain records and testimony from the Consultant and its subcontractors and lower tier
subcontractors. Consultant understands and agrees that in addition to all other remedies and
conscqucnccs provided by law, the tailure of Consultant or its subcontractor or lowcr tier
subcontractors to fully cooperate with the Inspector General when requested may be deemed by the
City to bc a matcrial breach of this Agrecmcnt justifying its termination.
I 1.20 Time of Essence.
Time shall be ofthe essence for each and every provision of this Agreement
I l.2l \\'aiver.
ll.2l.l Any waiver by either party of any one or more of the covenants, conditions, or
provisions ofthis Agrecmcnt, shall not bc construed to bc a waiver ofany subsequcnt or other brcach
ofthe same or any covenant, condition or provision ofthis Agreement.
ll.2l.2 Nothing in this Agreement shall be interpreted to constitute a release of the
responsibility and liability of Consultant, its employees, sub-contractors, agents and sub-consultants
fbr the accuracy and competency of their designs, workrng drawings, Construction Documents,
Technical Specifications or other documents and works, nor shall any approval by the City be deemed
to be an assumption ofsuch rcsponsibility by the City fbr a defect or omission in dcsigns. Construction
Documents, Technical Specifications or other documents prepared by Consultant, its employees,
agcnts or subcontractors.
11.22 Headings.
The headings contained in this Agreement are provided for convenience only and shall not be
considered in construing, interpreting or enforcing this Agrccment.
I1.23 Counterparts; Electronic Signatures.
This Agreement may be executed in one or more counterparts, each of which shall be deemed to
bc an original; and such counterparts will constitutc one and the samc instrument. A facsimilc or
electronic transmission ofthis Agreement with a signature on behalfofa party will be tegal and binding
on such party.
I 1.24 Severabilitl' of Provisions.
In the event that any term or prol'ision of this Agreement shall to any extent be held invalid or
unenforceablc, it is agrccd that the rcmainder of this Agreement, or the application of such tcrms or
prol'ision to persons or circumstances other thar those as to which it is held invalid or unenforceable,
29
shall not be affected and every other term and provision of this Agreement shall be deemed valid and
cnforceable to the maximum extcnt pcrmittcd by law.
I1,25 Assignment.
This Agreement may not be assigned by Consultant without the written authorization of the
City atier City's determination of the ability of the assignee to perform the Professional Services.
Authorization may be withheld or delayed in the City's sole and absolute discretion. This Agreemcnt
shall be binding upon and inure to the benefit of the parties. their successors and permitted assigns.
I1.26 Attached Exhibits
Thc following Exhibits and Forms arc attached to this Agrcement and incorporated into and
made a part of this Agreement:
Exhibit A _ Scope of Sen'ices
Exhibit B - Fcc Schedulc
Exhibit C - MWBE/Small Business commitments (Forms MBOl, MB03, 5801,
sB03)
ExhibitD - Notice provisions
I1.27 Entire Agreement; Controlling Provisions; Amendment.
I I .27. I This Agreement, including the RFQ, the Proposal, and Exhibits which are incorporated
into this Agreement in their entirety. embody the entire agreement and understanding of the parties
with respect to the subject matter of this Agreement and supersede all prior and contemporaneous
agreements and understandings, oral or written. relating to said subject matter.
I1.27.2 Except as otherwise specifically provided in this Agreement, in the event of any
conflict bctween the specific provisions of this Agrecmcnt and lhc rcquiremcnts or provisions of thc
RFQ and/or Proposal, the provisions shall be given precedence in the follorving order: (l) this
Agreement, (2) the RFQ; and (3) thc Proposal. Whercvcr possiblc. the provisions ofthe documcnts
shall be construed in such manner as to avoid conflicts between provisions ofthe various documents.
I I .27.3 This Agreement may only be modified by u,ritten amendment executed by the City and
Consultant. Any amcndmcnts to this Agreemcnt: (l) shall be subjcct lo the mutual writtcn agreemcnt
ofthe parties; (2) shall be in the tbrm ofnumbered amendments: (3) shall be executed by both parties:
and. (4) shall become part ofthe public records ofthe City. lt is cxpressly understood, morcovcr. that
no oral discussions, assents or representations shall constitute an enforceable amendment to this
Agreemcnt unless it is reduced to wnting in accordancc with this paragraph.
ISignaturcs on following pagc.]
-10
I\ WITNESS OF THE FOREGOING. thc parties have set their hand and scal thc da), and
year tirst rvritten abor e.
CITY OF DANIA BEACH, FLORTDA,
ATTEST: a Florida municipal corporation
ELORA RIERA. MMC
CITY CLERK
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
JOYCE L. DAVIS
MAYOR
ANA M. GARCIA, ICMA-CM
(.ITY MANAGER
$'IT\ ESSES:CONSULTANT:
Walters Zackria Associates. PLLC
a Florida limited liability company
Sisnature Signature
PRINT Name PRINT Name
Titl!'
Signature
Datcd:
PRINT Namc
STATE OF FLORIDA)
COUNTY OF BROWARD)
The foregoing instrument was acknowledged before me by means of E physical presence or by tr
online notarization- on 2024, by Abbas H. Zackria as President of Walters
Zackria Associatcs, PLC, on behalfofthe company. He/she is personally known to me or has produced
as identification.
Notary Public. State of Florida
Print Namc
J.)
My Commission Expires:
EXHIBIT A
SCOPE O F SERVICES
CITY REOUEST FOR OUAL tF-t('.\l't()\s (*Rtro") \(). 2{-0 l9
34
CITY OF DANIA BEACH, FLORIDA
REQUEST FOR QUALIFICATIONS FOR
DESIGN SERVICES FOR OLSEN MIDDLE
SCHOOL PARK PROJECT
City Request for Qualifications ("RFq";
No.24-019
Prepared by:
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach. Florida 33004
JIJLY 12,2024
CITY OF DA:\iI.{ BEACH, FLORIDA
REQUEST FOR QUALIFICATIONS C.RTQ") FOR
*DESIGN SER\'ICES FOR OLSEN I\IIDDLE SCHOOL P.ARK PROJECT"
RFQ \O.24-019
NOTICE TO PROPOSERS
NOTICE lS GIVEN that the City of Dania Bcach, Florida (thc ''City") will be accepting sealcd Proposals
from qualificd and liccnsed firms tbT "DESIGN SERVICES FOR OLSEN MIDDLE SCHOOL PARK
PROJECT". RFQ 24-019".
Documents may be obtained from www.demandstar.com, or from the City Website at
wrwv.daniabeachfl.gov. For additional information conceming this proposal. please contact the
Procurement Division at procurement@,daniabeachfl .gov.
Electronic proposals must be received no later than I :00 P.M. on August 12- 2024. Proposals rvill be
publicly opened at l:15 P.M. on that same day utilizing Zoom meeting software. Proposals must be
submitted at www.demandstar.com.
The City of Dania Beach reserves the dght to reject any and all proposals, with or without cause. to
u'aive any inlbrmality in a proposal, to terminate the process or re-advertise and solicit nerv or
additional proposals, and to make awards in the best interest of the City.
PROPOSAL SUBMISSION
Proposals must be submitted electronically on DemandStar, the City's designated electronic bidding
system. All bid document files must be clearly labeled "DESIGN SERVICES FOR OLSEN
MIDDLE SCHOOL PARK PROJECT'" RFQ 24-019".
Pursuant to Florida law, all Proposals to this RFQ are exempt public records until thirry (30) days
after openrng, or award ofProposal, whichever is sooner. In the event presentations are necessary,
all responders will be required to exit the room during the presentations of the other responders as
portions of selection committee meetings at which presentations are made are exempt from Florida's
public meeting laws.
2
PRE-PROPOSAL CONFERENCE
A pre-proposal conference will not be held.
Proposals will be publicly opened and read aloud at I :15 P. M.. on the Proposal due date
rctcrcnced above using Zoom mceting software on the above stated datc and may be joined by
utilizing this link:
https://d a n ia beachfl-eov.zoom. us/i/85434798816 ?owd=wC tdui b3aB3cMbMenvambGes1ua259.1
All Proposers are advised that the City has not authorized the use ofthe City seal by individuals or
entities responding to City Proposals.
The City Commission ofthe City of Dania Beach reserves the right to reject any and all Proposals,
to waive any informality in a Proposal and to make an award in the best interests of the City.
Published on: July 12, 2024
3
Award of Contracts fbr the Proposals will be made at a subsequent City Commission meeting.
ovERvtEw
The City of Dania Beach ("City") is soliciting Proposals from interested persons, firms, or both
for the provision of the services described in this RFQ. Through a Request for Qualifications
process described in this document, persons and firms interested in assisting the City in provision
ofsuch services must prepare and submit a qualifications packet in accordance with the procedure
and schedulc in this RFQ. The City will review submittals only from thosc pcrsons and firms that
submit a Request for Qualifications packet which includes all the information required to be
included as described in the RFQ.
In order to bc considered, persons, consulting firms or tcam joint ventures must demonstrate
specific experience and capabilities in all related areas for which they seek to perform work as
described. Consultants should also be familiar with the standards, practices, requirements, and
applicable ordinances ofthe City of Dania Beach.
The City intends to select a professional architecture, Iandscape architecture or engineering firm
capable ofproviding services necessary to complete the improvements within the City as outlined
in this RFQ. The scopeof services include, but are not limited to, working with thc Cityto create
a bid package, identify all documents to include in the package, modifications to any drawings
or documents to include in the packagc including any special grant conditions, photos, and other
pertinent information and to provide overall project management for the project as well as
assistance with construction manasement.
4
I. GENEKAL
The following instructions are given as guidance to Proposers in properly preparing their Proposals
to this Request for Qualifications for Consultant Services that are to be provided to the City of
Dania Beach, Florida (the "City").
2. S('OPE OF SER\'ICES
The scope of work is a general guide to the work the City expects to be performed by the Consultant
and is not a complete listing of all services that may be required or desired. The general services
include dcsigning, permitting, bidding assistance and providing construction phase scrviccs
associated with identified improvements to be made to a vacant property adjacent to Olsen Middle
School located on SE I l'h Terrace in Dania Beach.
I. Description of Proposed Project
The City of Dania Beach entered into a Recreation License Agreement with the School Board of
Broward County for the Olsen Middle School land that is owed by the School Board of Broward
County on December 13,2022. The City Commission adoptcd the conceptual design of thc
propcrty which includes specific amenities and sitc improvements. Anticipatcd design elem!'nts for
this location include, but are not limited to, an artificial turfmultipurpose tbotball/soccer field with
a 4 lanc -,100 meter track to include covered bleachers, one (l) basketball court. one (l) tcnnis
coun. two (2) pickleball courts, dual age covered playground with turf safety suriacing, a passive
walking-park. a 3500 square tbot Parks and Recreation administrative olfice building. ol'f street
parking with 52-parking spaces and security f'encing where necessary. Other improvements may
also be necessary and may be determined during the design process.
II. City's Priorities
Detailed construction documents are needed tbr bidding for this park improvement
projcct. The City's priorities for the Project include requiring the sclccted firm to:
. Design the elements ofthe Project as described above.
5
INSTRUCTIONS TO PROPOSERS
Ensure that all installations are in strict compliance with the Florida Building Code
or Miami-Dade Specifi cations.
In accordance with Florida State Statute 287.055, known as the "Consultants'
Competitive Negotiation Act" (the "CCNA), the purpose of this solicitation is to
invitc architecturc. landscape architecture and engineering firms (Consultants) to
provide proposals for the design, surveying services, permitting, bidding assistance
and construction phase sewices associated with the park improvement project
identified in this RFQ. Work includes but is not limited to the following:
. Design, analysis and permitting for construction ofthe project.
. Creatc construction plans for the Park, including schematics and
drawings to be provided to the City in PDF, AutoCAD or other format.
. Devise a bidding strategy to meet the project schedule that may include
multiple contractors through multiple bids.
o Project management and oversight.
. Permit applications.
o Work hand-in-hand with a Construction Manager at Risk (CMAR)
during the design process to ensure targeted construction costs can be
met and constructability efforts will not result in a product that does
nol meet the City's expectations.
. Final signed and sealed Plans, permits, dctailed bid form, Technical
Specifications and dctails.
. Complete and orderly maintenance ofpaperwork and records.
o Reccipt and logging of correspondencc.
o Review of Contractor(s) monthly invoices during construction phase
and applications for payment.
. Project closeout inspection.
It
6
A. PROJECTLOCATION
Olsen Middle School Propeny at SE 1l'h Terrace, Dania Beach, 33004
3. SUBi\IISSION D},ADLINE AND RESPONSI] OPENINC
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All Proposals must be rcceived by no later than l:00 p.m. on August 12,2024. The list of
Proposers will be opened and read aloud at I : l5 p.m. on that same day. Electronic proposals
are required.
4. POSTPONEMENT AND EXTENSION OF DATE FOR SUBMITTING
PROPOSAI-S:
The City reserves the right to postpone and extcnd the date for the receipt ofProposals and
will give ample notice ofany such postponement and extension to each known prospective
Proposers.
5. SUBMITTALREOUIREMENTS:
Proposers shall, as a minimum, include the following information with the submittal of its
Proposal:
5.1 Business Structure:Provide a description of the general capabilities of the
Proposer, including information relating to thc total size and staffing, professional
staff, resources, and clerical support; Provide r6sum6s of all key personnel who
may be assigned to perform the requested services.
5.3 lnsurance Coverage: Proposers who or which are responding to the R-FQ
MUST comply with all insurance requirements specified in Section 8.5 ("lnsurance
Rcquirements") of the RFQ Documents and thc Agreement upon award to the
successful Proposer.
5.4 Litieation: Provide a listing of all lawsuits or proceedings involving the
Proposcr within the past tcn ( l0) years, including casc names and numbcrs, courts,
nature ofthe actions and disposition or status ofeach case.
8
5.2 BS!9J3!!EIEI!.W: Provide a list of five (5) similar contracts for
services within the last five (5) years provided to other municipalities, together with
current contact names and telephone numbers with each municipality; contact
pcrsons must be able to speak about thc perfbrmance of the Proposcr. The tbrm for
the submission ofthe information is attached as Exhibit "A" and is made a part of
and is incorporated into this RFQ by this refercncc.
5.5
5.5 Equal Opportunitv Statement: A statement that the Proposer is an equal
opportunity employer and that it does not and will not discriminate against any
person, cmployec. or applicant for cmployment on account of age, racc, creed,
religion. color. sex. sexual orientation, disability, national origin, marital status. or
political affiliation.
5.6 @ The City of Dania Beach, in accordance
rvith the requirements as stated in U.S. Code of Federal Regulations, 2 CFR
200.321,. encourages the active participation of minority businesses. women's
business enterprises and labor surplus area firms as a part of any agreement
whenever possible. The Proposer must takc affirmative steps and if subcontracts
are to be let through a Proposer. the subcontractor is required to also take the
affirmative steps Iisted below:
a) Small and minority businesses and women's busincss cntcrprises are solicitcd
whenever they are potential sources.
b) Total requirements are to be divided, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority
businesses, and women's busincss enterprises.
c) Delivery schedules, where the requirement permits are to be established which
encourage participation by small and minority busincsscs, and womcn's
business enterprises.
d) Services and assistance, as appropriate, are to be used. which is provided by
such organizations as the Small Business Administration and the Minority
Busine ss De vclopmcnt Agency of the Department of Commcrce.
Copies of all licenses. certificates of competency or other documentation required
by federal, state, or local laws, statutes or regulations are required to be submitted
as evidence ofthc authority to perform thc services dcscribed in thc RFQ.
The following is a list of items that are REOUIRED to be returned with the RFQ
Proposal:
9
5.6
5.7
5.8
Exhibit "A" - References
Exhibit "8" - Public Entity Crimes Form
Exhibit "C" - Non-Collusion Affidavit
Exhibit "D" - Qualification Statement
Exhibit "E" - Questionnaire
Exhibit "F" - Certification
Exhibit "G" - Drug Free Work Place Certification
Exhibit "H" - Acknowledgement ofAddenda
Exhibit "I" - Certification of Accuracy of Proposal
Exhibit "J" - Affidavit of Compliance With Anti-Human Trafficking Laws
All Proposals must include preliminary certificates of insurance verifying all
general insurance requirements.
All Proposals must be signed by a representative who is authorized to contractually
bind the Proposer.
6. }IININIUNIQUALIFICATIO\REQUIRENIENTS:
In order for a Proposal to be considcrcd by the City, Proposcrs shall demonstrate in thcir
Proposals compliance with the following minimum requirements:
6.1 Proposers must be currently certified, licensed and authorized to work in the State
of Florida to services as sought by this RFQ;
6.2 Experience working with government agencies;
6.3 Currently insured and meeting City insurance requirements with insurance
certificates provided that statc the name of the Proposer, current street addrcss of
the business and the R?e of work for which a Business Tax Receipt is issued as
rvell as all additional insurance requirements, including required endorsements.
6.4 The City shall not consider Proposals that fail to demonstrate compliance with the
above requircments. Thc selected Proposer(s) shall maintain and keep in forcc
insurance throughout the life of any contract, and all renewals and extensions, if
any, pertaining or related to the requirements specified in this Section. Failure of
thc Proposer to comply with these rcquirements will bc sufficient grounds for the
t0
City to declare the Contract in delault and subject the contract to possible
termination by the City.
7. E\'-\LIIATIO\ (]RITERIA AND PROCEDURES:
The City will consider Proposers that are responsive and responsible by providing accurate
information as delineated (see Section 5, "Submittal Requirements". in this RFQ).
7.1 Criteria: All submitted Proposals will be evaluated based on the inlbrmation
provided that is responsive to this RFQ. Evaluation criteria will include, but not be
limited to, the ability of professional personnel: past perfbrmance; willingness to
meet timc and budgct requiremcnts; location; recent, current, and projectcd
workloads of the firms.
Thc sconng ofthc Proposals by the Bid Rcview Committcc will bc based on a point total
and not a percentage factor. The Bid Review Committee will evaluate and rank the
Proposals received on the basis ofthe criteria arnd available points indicated below:
CRITERIA MAXINIUM P0I\TS
Firm Qualifications: Qualifications ofthe firm: numbcr of
ycars firm has bccn in business; relcrencesrpast performance;
reccnt, current. and projected workloads
40
Experience and Qualifrcation ofAssigned Staff: Stafls
experience, qualitications, and technical capabilities
Approach and Delivery of S€rvices: Understanding the
scope ofwork, ability to comply with the full scope ofrvork.
technical soundness of Proposal
25
Woman or Minority Business Enterprise: ('urrent
cr'rtiflcation must be providcd u ith rcsponsc
TOTAL }IAXINIUNI POI\1'S r00
ll
30
5
7.2
7.2
Pursuant to Florida Statutes, Section 286.0113(2XbXl), "Any portion ofa meeting
at which a negotiation with a vendor is conducted pursuant ro a competitive
solicitation, at which a vendor makes an oral presentation as part of a competitive
solicitation, or at which a vendor answers questions as part of a competitive
solicitation is exempt from s. 286.01l, Florida Statutes, and s. 24(b), Article I of
the State Constitution". Therefore, all Proposers will be required to exit the room
during thc presentations by the other Proposcrs when thc Bid Rcvicw Committee
addresses the foregoing matters.
The City reserves the right to accept or reject any or all Proposals, or parts ofany
Response, to waive any informalities, technicalities, or irregularities, to re-advertise
the RFQ, to requcst further Proposals or clarifications, or take any similar actions
that may be deemed to be in the best interests ofthe City.
8. INTERPRETATIONS: An y interprctations, clarifications or additional infbrmation not
disclosed in this RFQ and determined to be necessary by the City in response to Proposer's
questions will be issued by means of addendum or addenda, which addendum or addenda
will be posted to the City website, www.daniabeachfl.qov, and to Demand Star,
www.demandstar.com, for all interestcd persons identificd by the City as having reccived
the RFQ. The Proposers are required to check the site to see if there has been any
addendum or addenda posted regarding this RFQ. Only questions answered and
information supplied by means of such Addendum or Addenda will be considered as
binding. Oral interpretations, clarifications or other information will have no legal and
binding etl'ect.
8.1 All questions requiring clarification or interpretation ofthe RFQ documcnts shall
be made in writing and shall be delivered to the Ciry by l2:00 p.m. on August I,
2024.
8.2 Questions regarding the RFQ documents shall be directed to the City of Dania
Beach Procurement Division at procuremcnt@daniabcachfl.eor'Any
modification or interpretation of the RFQ documents lies within the sole and
exclusive j udgment ofthe City or its Consultant, if so authorized by City, and shall
be made in writing in the form of an Addcndum or Addenda to all those who or
t).
which are recorded by the City, as having obtained a complete set of the RFQ
documents.
Intcrpretations or modifications ofthe RFQ documcnts made in any manner other
than an Addendum or Addenda issued by the City shall not be binding. All updates,
clarifications, or modifications to the RFQ shall be issued via written Addendum
or addenda and shall be provided to all Proposers.
A Proposer, prior to submitting its Response, shall ascertain in writing that it has
received any Addendum or all Addenda issued for the senices.
Costs for those matters not questioned and not addressed in an Addendum or
Addenda shall be the responsibility of the Proposer, and Proposer shall be
responsiblc to include such costs in the RFQ.
9. PUBLIC RECORDS: If selected . the following will apply
9.1 Proposer agrees to kccp and maintain public records in Proposer's possession or
control in connection with Proposer's performance under the Agreement. Proposer
additionally agrees to comply specifically with the provisions ofSection I19.0701,
Florida Statutes. Proposer shall ensure that public records that are exempl or
conhdential and excmpt fiom public records disclosure rcquiremcnts arc' not
disclosed, except as authorized by law, for the duration of the Agreement, and
fbllowing completion ofthe Agreement until thc records arc transferrcd to the City.
Upon request from the City custodian ofpublic records, Proposer shall provide the
City rvith 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 I 19. Florida Statutes, or as otherwise provided by law.
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 the Agreement are and shall remain the property of the City.
Upon completion of the Agrecment or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the
Proposer shall be delivered by the Proposer to the City Manager, at no cost to the
City, within seven (7) days. All such records stored electronically by Proposer shall
9.2
8.3
8_4
8.5
9.3
9.4
l3
9.5
9.6
be delivered to the City in a format that is compatible with the City's inlbrmation
technology systems. Once the public records have been delivered upon completion
or termination of the Agreemcnt, the Proposer shall dcstroy any and all duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements.
Any compensation due to Proposer shall be withheld until all records are received
as provided in this RFQ.
Proposer's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of the Agreement by the City.
9.7 Section 119.0701(2Xa), Florida Statutes
IF THE PROPOSER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER I19. FLORIDA STATUTES. TO THE
PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THE CONTRACT, THE PROPOSER MUST CONTACT THE
CITY CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records:
Mailing Address:
Telephonc number:
Email:
ELORA RIERA, CITY CLERK
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
1.1
954-924-9800. Ext. 3623
e ri e r a (ri d ani a b eac h fl . gov
IO. INSURANCE CO\.ERACE: A selected P roposer shall not commence services under an
Agreement until it has obtained all insurance required under this paragraph and as required
by the Agreement, and not until such time that the coverages are approved by the Risk
Manager of the City. The Proposer shall not allow any employee of Proposer or any
subcontractor to commcnce services on any subcontract until the subcontractor and all
coverages required of any subcontractor have been obtained and approved by the Risk
Manager ofthe City. In addition, the Proposer shall be responsible for any and all policy
dcduct iblcs and scll'-insurcd retentions.
The following are requirements that must be met regarding the Proposer's delivery of
Certificates of lnsurance for all coverages required in the Agreement and Proposal
Documents:
f0.f "Preliminary" certificate means that certitlcates of insurance verifying all general
insurance requirements (as noted below) must be included with your Proposals
submittal on the date and timc of the opcning of Proposals. If the "preliminary"
certificates are not included with a submittal, then the City has the right to consider
the submitted response as non-responsive on the date and time of the response
opening. "Preliminary" Certificates may be issued without documentation of all
"Special Provisions". However, Proposcrs must undcrstand that all provisions,
including "Special Provisions" noted below, are expected to be fully documented
on or attached to the "OtIicial" Certificates of Insurance as described below.
10.2 "Official" Certificates oflnsurance must bc delivcred to the City Clcrk's office and
fusk Manager of the City. If the "Official" certificates are not delivered before or
on the fourteenth (146) Business Day after the issuance by the City ofthe "Notice
of Selected Proposer", then the City has the right to consider the awarded
Agreement to thc successful Proposer as void and to negotiate a contract with the
next best qualified Proposer. "Speciat Provisions". as referenced below under each
type of insurance requirement sha[[ be fully confirmed on or attached to the
''Of fi cial" certiflcates.
t5
10.3 All Certificates of Insurance must clearly identifu the contract to which they
pertain, including a brief description of the subject matter of the contract. The
certificates shall contain a provision that coverage afforded under the policies will
not be canceled until at least thirty (30) days' prior written notice has been given to
City. lf this coverage is not provided, then the Proposer is responsible for such
notice to City. lnsurance policies for required coverages shall be issued by
companics authorized to do business under the laws ofthc Statc of Florida and any
such companies' financial ratings must be no less than A-Vll in the latest edition
of the "BEST'S KEY RATING GUIDE". published by A.M. Best Guide. ln the
event that the insurance carrier's rating shall drop, the insurance canier shall
immcdiate ly notify the City in writing.
10.4 Coverages shall be in force until all services required to be performed under the
terms of the Agreement, including any applicable wananty period, is satisf'actorily
complctcd as cvidenced by the formal written acceptance by the City. In thc cvcnt
insurance certificates provided to City indicate that the insurance shall terminate
and lapse during the period of the Agreement, including any applicable warranty
period, then in that event, the Proposer shall fumish, at least thirty (30) days prior
to thc cxpiration of the date of such insurance, a renewed Certiflcatc of Insurancc
as proof that equal and like coverages for the balance of the period of the
Agrecment, including any extension of it, and including any applicablc warranty
period, is in effect. THE PROPOSER AND ANY APPROVED
SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE SERVICES
PURSUANT TO THE AGREENIENT, UNLESS ALL COVERAGES
REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK
CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE,
SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE
SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN
THE AGREEMENT OR ELSEWHERE IN THE RFQ DOCUMENTS
CONCERNING DELAY.
10.5 Insurance Requirements: The Pro poser shall secure and maintain throughout the
duration of thc Agrccment, insurance of such types and in such amounts not lcss
l6
than those specified below as satisfactory to City naming the City as Additional
Insured, underwritten by a firm rated A-X or better by A.M. Best and qualitied to
do business in the State of Florida. Thc insurance coverage shall bc primary
insurance with respect to the Clity. its officials, employees, agents and volunteers
naming the Ciry as additional insured. Any insurance maintained by the City shall
be in excess of the Proposer's insurance and shall not contribute to the Proposer's
insurance. The insurance coveragcs shall include at a minimum the amounts sct
forth in this section and may be increased by the Proposer as it deems necessary or
prudent.
10.5.1
10.5.2
10.5.3
Commercial General Liability coveragc with limits of liability of nol less
than a $ 1.000,000.00 per Occurrence combined single limit for Bodily
Injury and Property Damage. This Liability Insurance shall also include
Completed Opcrations and Product Liability coverages and eliminatc thc
exclusion with respect to property under the care, custody and control of
Proposer. The General Aggregate Liability limit and the
Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2.000,000.00 each.
Workers Compensation and Employer's Liability insurance, to apply fbr all
employees for statutory limits as rcquired by applicable state and tbdcral
laws. The policy(ies) must include Employer's Liability with minrmum
limits ofS1,000,000.00 each accident. No employee. subcontractor or agent
ofthe Proposer shall be allowed to provide services pursuant to this RFQ
who is not covered by Workers Compensation insurance.
Business Automobile Liability with minimum limits of $ 1,000,000.00 per
Occurrence, combined single Iimit for Bodily Injury and Property Damage.
Coverage must be afforded on a form no more restrictive than the latest
edition of thc Business Automobile Liability policy, without rcstrictivc
endorsements, as filed by the Insurance Sen'ice Office. and must include
Owned, Hired, and Non-Owned Vehicles.
t7
10.5.4 Professional Liability Insurance in an amount of not less than One Million
Dollars ($ 1,000,000.00) per occunence, single limit.
Coverage shall apply for a minimum of three years following completion of the
services. The above are minimum requirements tbr projects up to $100,000.00.
For projects over $ 100,000.00, the following incrcascd limits are required:
o General Liability: $2,000,000.00 Per Occunence/$4,000,000 Aggregate
o AutomobileLiability: $2,000,000.00
. Professional Liability: 53,000,000.00 Per Occurrence
II. RESPONSE PROTEST PROCEDURE:
ll.l After a Noticc of Intent to Award a contract is posted, any actual or prospective
Proposer in connection with the pending award ofthe Contract, or any element of
the process leading to the award ofthe Contract may protest to the City Manager. A
protest must be filed by 5:00 P.M. on the third (3'd) Business Day after posting of
the Noticc of Award (excluding the day that the Notice is posted) or any right to
protest is waived. The protest must be in writing, must identifu the name and
address ofthe protester, and must include a factual summary of, and the basis for,
the protest. Filing shall be considered complete when the written protest, together
with an RFQ Protest w are both timely received by the City Manager's Office. No
R-FQ Protest shall be accepted unless it complies with the requirements of this
Section.
ll.2 An RfQ Protest Bond is intended to compensate the City for the expenses of
administering the protest. Ifthe protest is decided in the protester's favor, the entire
deposit shall be rerurncd to the protester. lf the protest is not decided in the
protester's favor, thc dcposit shall bc rctaincd by thc City. The deposit shall be in
the form ofa cashier's check. The amount ofthe RFQ Protest Bond shall be Five
Thousand Dollars ($5,000.00).
ll.3 Prior to any decision bcing rendcrcd undcr this section with respect to a Proposal
protest, the City Manager and the City Attomey, or their respective designees, shall
t8
certily whether the submission of the Proposer to the Proposal in question is
responsive. The parties to the protest shall be bound by the determination ofthe
City Managcr and thc City Attomcy with regard to the issuc of rcsponsiveness.
ll.4 Protest Committee: The Protest Committee shall have the authori ty to reuew,
settle. and resolve all protests. Members of the Protest Committee will be appointed
by the City Manager. If the Protest Committee determines that the pending award
of a contract or any element of the process leading to thc award involved a
significant violatron of law, appticable rule or regulation, all steps necessary and
proper to correct the violation shall be taken. Ifthe Protest Committee determines
that the protest has merit, the City Manager shall direct all appropriate steps be
taken to remedy it.
The decision shall specifically state the reasons for the action taken and inform the
protestor of its right to challengc thc decision. Any person aggricvcd by any action
or decision ofthe Protest Committee, with regard to any decision rendered under
this section may appeal the decision to the City Commission for a hearing. The
City Commission will hear the appeal and render a final decision.
ll.6 In thc cvent ofa timely protcst, the City Manager shall stay the award of thc
Contract. unless after consulting with the City Attorney and a representative from
the City's Dcpartment for which thc services are bcing obtained, thc City Manager
then determines that the award of the contract is necessary without delay to protect
the substantial interests ofthe City. The continuation ofthe award process under
these circumstances shall not preempt or otherwise aff-ect the protest.
ll.7 The institution and filing of a protest under this provision is an administrativc
remedy that shall be employed prior to the institution and filing ofany civil action
against the City conceming the subject matter of the protest.
12, CONE OF SILENCE
l2.l Definitions: "Cone of Silence." as used in this RF Q means a prohibition on any
communication between:
. a potential vendor, serv'ice provider, proposer, lobbyist, or consultant, and
l9
. a City Commission member, City's professional staff including, but not limited
to, the City Manager and her staff, or any member of the City's Bid Rcvicw
Committee.
12-2 Restriction Notice A Cone of Silence shall be imposed upon this RFQ upon the
advertisement of the RFQ. At the time of imposition of the Cone of Silence. the
City Manager or designcc shall providc for public notice ofthc Conc of Silencc by
posting a notice at the City Hall.
12.3 Termination of Cone of Silence: The Cone of Silence shall terminate at the
beginning of the City Commission (whether a regular or special meeting) at which
the City Manager makes a written recommcndation of award to the City
Commission. However, if the City Commission refers the City Manager's
recommendation back to the City Manager or staff for further review, the Cone of
Silcnce shall be rc-imposed until such time as the City Manager makcs a
subsequent written recommendation.
12.1 Erceptions to -\pplicabilitr': Thc provisions of this section shall not apply to
o Communication with the City RFQ representativc:
o Oral communications at pre-proposal conferences;
o Oral presentations before the Bid Review Committee;
. Public presentations made to the City Commission members during any duly
noticed public meeting;
o Communications regarding the RFQ between a potential vendor, scrvicc
provider, proposer, lobbyist or consultant and the City's Procurement
Administrator or City employee designated as responsible for administering the
procurement process for the RFQ, provided the communication is limited
strictly to matters of proccss or procedurc already contained in thc
conesponding solicitation document;
. Communications with the City Attorney and his staff:
. Duly noticed site visits to determine the competency of a Proposer regarding
the RFQ during the time period between thc opening ofProposals and thc timc
the City Manager makes a written recommendation;
. Any emcrgency procurement ofgoods or serviccs pursuant to City Code;
20
. Proposals to the City's request for clarification or additional information;
o Communications to enable City staff to seek and obtain industry comment or
perform market rcscarch, provided all related communications betwccn a
potential vendor, service provider, proposer, lobbyist, or consultant and any
member of the City's professional stafT including, but not limited to, the City
Manager and staff are in writing or are made at a duly noticed public meeting.
12.5 Penalties: Violation ofthis section by a Proposer or other listed person shall render
any RFQ award or contract to the Proposcr voidable by the City Commission or
City Manager. Any person who violates a provision of this section may be
prohibited fiom serving on the City Bid Review Committee. ln addition to any
other pcnalty provided in this RFQ, violation ofany provision of this section by a
City employee may subject the employee to disciplinary action.
Please contact the City Attomey for any questions conceming "Cone of Silence"
compliance.
2l
EXHIBIT "A"
REFERENCE LIST
FI\-E (5) NIUNICIPALITIES FOR \\'HICH PROPOSER PEBEQBMEDJIIIIIAE
Thc following is a list ofat lcast five (5) references from municipalitics for which Proposer
provided similar services to those sought in this RFQ in the past five (5) years:
Name of Entity for which services were perlbrmed:_
Bricf Dcscription of Scope of Scrviccs
Amount of Contract Award
Status of Contract:
Contact Name:
Telcphonc Number
2. Namc of Entity for which serviccs wcre pcrformcd
Brief Description of Scope ol Services:
Amount of Contract Award
Status of Contract:
Telephone Number
3. Name of Entity for which services were performed
Brief Description of Scope of Services
Amount of Contract Award
Status of Contract:
Contact Name
Telephone Number
Amount of Contract Award:
Status of Contract:
Telephone Number
5. Name of Entity for which services were performed
Brief Description of Scope of Services
Amount of Contract Award:
Status of Contract:
Contact Name
Telephone Number
SERVICES WITHIN THE PAST FI\'[ (5) YEARS
Contact Name:
4.NameofEntityforwhichserviceswereperformed:-
Briel' Descript ion of Scope uf Scrvices:
Contact Name:
22
EXHIBIT *8"
CITY OF DANIA BEACH, FLORIDA
S\\'ORN STATENIE\T UNDER s287.I33(3)(A), FLORIDA S-IATUTES
PUBLIC E\TITY CRITIES
(This form must be signed in the presence of a Notary Public or other officer authorized to
administcr oaths.)
This sworn statemcnl is submitted with Request for Qualificatrons, City RFQ No
24-019.
2. This swom statement is submitted by
(PRINT Nrme ofentity submitting swom statement)
its business address is
Fcdcral Identification Number
(FEIN) is:
(if applicablc)
Social Sccurity Numbcr
(ifthc cntity has no FEIN, include tbe Social Security Number ofthe individual signing this swom
statcmcnt)
3. My namc is
.1
(PRINT Namc of individual signing this documcnt)
and my rclationship to thc cntity is
(Presidcnt. Gcncral Partner. ctc. as applicable)
I understand that a "public entity crime" as defined in $287.133(l)(-s). Florida Statutes
mcans a violation ofany state or federal law by a pcrson with respect to and directly rclatcd
to lhe transaction of business with any public entity or with an agency or political
subdivision of any othcr state or with thc Unitcd States, including, but not limitcd to, any
bid or contract for goods or services to be provided to any public entity or an agency or
politrcal subdivision ofany othcr state or ofthc United Statcs and involving antitrust. fiaud,
theli, bribery. collusion, racketeering, conspiracy. or material m isrepresentation.
I understand that to be "convicted" or "conviction" as defined in $287.133(lXb), Florida
Statutcs, mcans a finding of guilt and conviction ofa public entity cnme, 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 I , 1989, as a rcsult of a jury verdict, non-
jury trial. or entry of a plea of guilty or nolo contendere (also known as a plea of "No
Contcst").
5
23
7
6. I undcrstand that an "affiliatc" as dcfined in $287. l3-3( I )(a), Florida Statutcs mcans
(a)A predecessor or successor ofa person or a corporation convicted of a public entity
crime: or
An entity under the control ofany natural person who is active in the managcment
of the entrty and which has been convicted of a public entity crime. The term
"affiliatc" includes thosc officcrs, directors, cxecutivcs, partncrs, shareholders,
employees, members, and agents who are active in the management of an affiliate.
The ownership by onc pcrson ofshares constituting a controlling intcrcst in another
person, or a pooling of equipment or income among persons when not for fair
market value undcr an arm's length agreemcnt, shall be a prima-facie casc that one
person controls another person. A person who knowingly enters into ajoint venrure
rvith a pcrson who has bccn convictcd ofa public entity crimc in Florida during the
preceding 36 months shall be considered an affiliate.
(b)
I understand that a "person" as defined in 8287.133(l)(e), Florida Statutes, means any
natural pcrson or entity organizcd under the laws ofany state or ofthc Unitcd States with
the legal power to enter into a binding contract and which bids or applies to bid on contracts
for thc provision of goods or sen ices let by a public cntity. or which othcrwisc transacts
or applies to transact business with a public entity. The term "person" includes those
officcrs, directors, exccutivcs. partners. sharcholdcrs, employees. mcmbcrs. and agents
who are active in management of an entity.
Based on information and belief, the statement that I have marked below is true in relation
to the entity submitting this swom statement. (Please indicate which statement applies)
_ Neither the entity submitting the sworn statement, nor any ot'ficers, directors,
executives, partners, shareholders, employees. members or agents who are active in
management of the entity nor any affiliate of the entity have been charged rvith and
conr icted of a public entity crime subsequent to July l, 1989.
2. The entity submitting this swom statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members or agents who are
active in management of the entity or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July l. 1989 and (Please now
indicate rvhich additional statement belorv applies):
A. _ There has been a proceeding concerning the conviction before a
hearing officer of the State of Florida. Division of Administrative Hearings. The
final order entered by the hearing officer did not place the person or affiliate on the
convicted vendor list. (Please attach a copy ofthe tinal order)
S
24
B. _ The person or affiliate was placed on the convicted list. There has been
a subsequcnt procccding before a hcaring officer of thc Statc of Florida, Division
of Administrative Hearings. The flnal order entered by the hearing oflicer
determined thal it was in the public intcrest to remove thc pcrson or affiliatc fiom
the convicted vendor list. (Please attach a copy ofthe tinal order)
The person or aftlliate has not been placed on the convicted vendor list('
(Plcase describe any action taken by or pending with thc Florida Deparlmcnt of
General Services)
Sigrraturc (of person whosc Printed Name
lirst appears abol'e)
Datc
STATE OF
COLINTY OF
BEFORE ME, an oftlcer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ! physical presence or E online notarization. on
AS
authorized to do business in the State of Florida. and ackno*'ledged and executed the loregoing
statement as thc proper official of for thc usc and purposes mcnti0ncd
in it and atflxed the official seal of the entity. and that the instrument is the act and deed ol that
,of . an organrzatron
iIsentity. He/she is personally known to me or has produced
idcntification.
IN WITNESS OF THE FORECOINC. I hale set mv hand and official scal at in
the State and County aforesaid on this _ day of .2024
Notarv Seal
Signaturc of Notary Public
Printed Name of Notary Public
25
EXHIBIT "C"
NON-COLLUSION AFFIDAVIT
The undersigned Proposer has not divulged, discussed or compared his/her/its Response with any
other Proposer, and has not colluded with any other Proposer or party to this Request for
Qualilications whatsoever.
Signature of Proposer
PRINT Name of Proposer
Title
2021
Date
STATE OF
COUNTY OF
BEFORE ME, an of'ficer duly authorized by law to administer oaths and take
acknowledgments, personally appeared n physical presence or E online notarization, on
AS of an organization
authorized to do business in the State of Florida, and acknowledgcd and executed the foregoing
Statementastheproperofficia1of-fortheuseandpurposesmentioned
in it and affixed the official seal of the entity, and that thc instrument is the act and deed of that
entity. He/she is personally klown to me or has produced
identification.
AS
lN WITNESS OF THE FOREGOING, I have set my hand and official scal at in
the State and County aforesaid on this _ day of 2024
Notary Seal
Signature of Notary Public
Printed Name of Notary Public
26
EXHIBIT "D"
PROPOSER'S QUALIFICATION STATEMENT
The undersigned certihes under oath the truth and correctness ofall statements and ofall
answcrs to qucstions made below:
Check One
Submitted By:
Name:
Address:
City, State, Zip
Corporation
Partnership
Individual
Other
(describe)
Telephone No
Fax No.
Email
State the true, exact. correct and complete name of the partnership, corporation, trade or other
name under which you do business and the address ofthe place ofbusiness.
The full lcgal namc of the Proposer is:
The address ofthe principal place ofbusiness is:
1. IfProposer is a corporation, answer the following
Date of Incorporation:
State of Incorporation:
President's name:
Secretary's name:
Trcasurer's name:
Name and address ofResident Agent:
2. If Proposer is an individual or a partnership, answer the following:
Date of organization:
Name, address and ownership percentage units ofall partners
State whether general or limited partnership and confirm it is registered to do business in
Florida:
3. If Proposer is other than an individual, corporation or partnership, describe the organizatron
and give the names and addresses ofprincipals:
27
Vice President's name:
4. IfProposer is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute.
5. How many years has your organization been in business under its present business name'?
a) Under what other former names has your organization operated'?
6. Indicate registration, license numbers or ccrtificate numbers for thc busincsses or professions,
which are the subject of this RFQ. Please attach certificate of competency and state
registration.
7. Have vou ersonally re.".iewed the requirements for the proposed services?
YES ENO
8. Do you have a complete set ofdocuments. including drawings and addenda?
Evss ENo
9. Did you attend the Pre-Proposal Conference ifany such conference was held'lflvrs ENo
10. Have you ever failed to complete any work awarded to you? Ifso, state when, where andwhy
11. State the names, telephone numbers and last known addresses ofthree (3) owners, individuals
or representativcs of owncrs with thc most knowledge of scnice s which you have performed
and to which you refer (govemment owners are preferred as references).
Name Address Telephone
tZ. l-i.t ttr" p"rti*nt opc.i"r"e of thc key individuals of your organization (continue with an
additional sheet, if necessary).
13. State the name and title ofthe individual who will have responsibility relating to the services
14. State the name and address of attomey or law firm, ifany, tbr the business ofthe Proposer
15. State the names and addresses of all businesses and individuals who own an intcrcst of morc
than five percent (5%) of the Proposer's business and indicate the percentage owned ofeach
such business:
16. Statc the names, addresses and the type of business of all firms that are partially or wholly
owned by Proposer:
l7 State the name ofthe Surety Company which will be providing the bond, and name and address
of agent:
18. Bank Ref'erences:
Bank Address Telephone
19. Attach a financial statement including Proposer's latest balance sheet and income statement
showing the following items:
a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials, real estate, stocks and bonds,
equipment, fumiture and fixtures, inventory and prepaid expenses)
b) Net Fixed Assets
c) Other Assets
d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses,
provision for income taxes, advances, accrued salaries, real estate encumbrances
and accrued payroll taxes)
e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par
values, eamed surplus, and retained eamings).
20. State the name ofthe firm preparing the financial statement and its date:
21 Is this financial statement for the identical organization named on page one?EYES ENo
22.lf not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent-subsidiary).
The Proposer acknowledges and understands that the information contained in response to this
29
Qualification Statement shall be relied upon by the City in awarding a contract and such
information is warrantcd by Proposer to be true. The discovery of any omission or misstatement
thal materially affects the Proposer's qualifications to perform under the contract shall cause the
City to reject thc proposal, and if after the award, to cancel and terminate the award, contract or
both.
Signature
Print Namc
Title
Datc
STATE OF
COUNTY OF
BEFORE ME, an of'flcer duly authorized by law to administer oaths and take
acknowledgments, personally appeared tr physical presence or E online notarization, on
of an organization authorized
to do business in the State of Florida. and acknowledged and executed the foregoing Statement as the
proper official of fbr thc usc and purposcs mcntioncd in it and atllxcd thc
official seal ofthe entity, and that the instrument is the act and deed ofthat entity. He/she is personally
known to mc or has produccd as idcntification
tN WITNESS OF THE FOREGOING, I have set my hand and otlcial scal at in thc Statc and
County aforesaid on this day of 2024
Notary Seal
Signaturc of Notary Public
Printed Name of Notarv Public
30
)
E\HIBIT *E''
Please print or t-vpe
Fim Name:
Presidcnt or Othcr Principal ol Proposer
Business Address:
Telephone:Fax:
Email
l. Horv many ycars has your organization bccn in busincss'l
3. Havc you personally reviewcd thc proposed work and do you have a complete plan for its
performance'?
4. Witl you sublet any part of this work? Ifso, list the portions or specialties of the work that you
propose to subcontract.
a)
b)
c)
d)
-I
O U ESI'I O\ \A I RE
2. Havc you evcr tailed to complete work awarded to you; if so. where and why'?
L iccnscd in:
(County/State)
5. Include a subcontracting plan that identifies items such as a dcscnption ofpercentagc ofwork
to be subcontracted.
Contractor's Liccnse #tion Datc:
Contractor must hale proper liccnsing prior to submitting Proposal and must submit cvidencc of
SAMC
Remainder of this page intentionalll left blank
32
L,\HItsI'I'*F*
CERTIFICATION
(THIS DOCU\TENT NIUST BE SUBMITTED WITH THE PROPOSAL)
We (I). the undersigned. agree to fumish the item(s)/service(s) described in the RFQ. We
(l) certi& that wc([) have read the entire document, including the Scopc of Work. Additional
Requirements. Supplemental Attachments, Instructions to Proposers, Temrs and Conditions. and
any addcnda issucd. Wc (l) agree to comply with all ofthc requirements ofthc qntirc Rcquest for
Proposals.
lndicate which type oforganization below:
INDIVIDUAL E PARTNERSHIP D CORPORATION E OTHER E
If "Other". Explain
Authorized Signature Company Name
Typcd/Printed Name Addrcss
Telephone City, State, ZIP
Fax Federal Tax ID Number
Email address lor above person (if any)
ll
EXHIBIT "G"
DRUG-FR.EE WORKPLACE CERTIFICATION FORM
Whencvcr two (2) or more bidslproposals, u,'hich are equal with rcspect to price, qualitv, and service. are
received by the CITY OF DANIA BEACH for the procurement of commodities or confiactual sen'ices,
a bidiproposal received from a business that certifies that it has implemented a drug-free workplace
program shall bc givcn preference in the award proccss. In order to have a drug-frcc workplace program,
a business shall:
1 . Publish a statement notilying employees that the unlawful manutbchre, distribution, dispensing,
possession or use of controlled substances is prohibited in the workplacc and speciling the
actions that will be takcn against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in thc workplacc. the business's policy of
maintaining a drug-tiee workplace. any available drug counseling, rehabilitation. and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of thc statement specified in number(l).
4. In the statement specified in number (1), notify the employees that as a condition for working
on the commodities or contractual services that arc under bid, the employee will abidc by the
terms of the statement and will notify the employer of any conviction on or plea of guilty or no
contest to any violation of Chapter 893, Florida Statutes or of any controlled substance lau' of
the United States or any singular state, for a violation occurring in the workplace no later than
fir e (5'1 da1 s after such conr iction.
5. Imposc 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.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of Section 287.087. Florida Statutes.
This Ccrtification is submitted the
(PRI\T \ame ofAuihorized Agent)
of
Gi e) (ProposerName)
who does ccrtifu that said Company has implemented a drug-frce workplace program. which meets the
requirements ofSection 287.087, Florida Statutes, which are identified in numbers ( l) through (6)above.
Date Signaturc
3.1
ACKNOWLEDGMENT OF ADDENDA
The Proposer acknowledges the receipt of the following addenda issucd by thc City and
incorporated into and made part of the RIQ. In the event the Proposer fails to include any such
addenda in thc table bclow, submission of this form shall constitute acknowledgment ofreceipt of
all addenda, whether or not received by the Proposer.
ADDENDUM
NUMBER
DATE
RECEIVED
PRINT NAME TITLE SIGNATURE
(BLUE INK ONLY)
35
EXHIBIT "H"
EXHIBIT *I"
CERTIFICATION TO ACCURACY OF PROPOSAL
The Proposer, by executing this form, certifics and attests that all forms, affidavits and documents
related to the document that it has enclosed in the Proposal in support of its Proposal are true and
accurate. Failure by thc Proposer to attest to the truth and accuracy ofsuch forms, affidavits and
documents shall result in the Proposal being deemed non-responsive and such Proposal will not
be considcrcd.
By submitting a rcsponse to do the work, the Proposer certifics that a careful review ofthe RFQ
has taken place and that the Proposer is fully informed and understands the requirements of the
RIQ and thc cxpected Agreement and thc quality and quantity ofservices to be performcd.
A. He/She is of
the Proposer that has submitted the attached
Proposal;
Hc/Shc is fully informed respccting the preparation and contents of the attached
Proposal and of all forms, affidavits and documents submitted in support of such
Proposal;
All fbrms, affidavits and documents submitted in support ofthis Proposal and included
in this Proposal are true and accurate;
No information that should have been included in such forms, alfidavits and documents
has been omitted; and
No information that is included in such forms, affidavits or documents is false or
misleading.
36
The undcrsigned individual, being duly swom, deposes and says that:
B.
C.
D.
E.
EXHIBIT *I"
CERTIFICATION TO ACCURACY OF PROPOSAL
(continued)
Signature (Blue ink only)
Print Name
Title
Date
STATE OF
COUNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared E physical presence or n online notarization, on
AS of an organization authorized
to do business in the State ofFlorida, and acknowledged and executed the foregoing Statement as thc
proper official of for the use and purposes mentioned in it and affixed the
official seal ofthe entity, and that the instrument is the act and deed ofthat entity. He/she is personally
known to mc or has produced as idcntification
IN WITNESS OF THE FOREGOING, I havc sct my hand and official seal at in the State and
County aforesaid on this day of 2024
Notarv Seal
Signaturc of Notary Public
Printed Name of Notary Public
31
)
)
EXHIBIT "J"
,\FFID.\\'IT OF CO\IPLI.\NCE \1'ITH A\TI-Ht:}I.{N TR.\FFICKI\G L-{\\ S
In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalfofthe entity
listed below ("Entity"). hereby attests under penalty ofperjury thal:
l. Entity docs not use coercion for labor or services as defined in Section 787.06, Florida
Statutes, entitled "Human Trafficking".
The undersigned is authorizcd to execute this affidavit on behalf of Entity.
Date:20 Signed:
EnIity:Name:
Title:
38
CITY OF DANIA BEACH, FLORIDA
DANIA BEA(H
strrt L.,t tr (c{E rT
REQUEST FOR QUALIFICATIONS FOR
DESIGN SERVICES FOR OLSEN MIDDLE
SCHOOL PARK PROJECT
ADDENDUM I
Preparcd br':
City of Dania Beach. Florida
100 W. Dania Beach Boulevard
Dania Beach. Florida 33004
JULY 17,2024
REQUEST FOR QUALIFICATIONS (*RFQ.',) NO. 24-019
CITY OF DANIA BEACH, FLORIDA
REQUEST FOR QUALIFICATIONS FOR
"DESIGN SERVICES FOR P.J. MELI AQUATICS COMPLEX IMPROVEMENTS"
RFQ 24-0rs
ADDENDUM 1
1. Wc sce that RFQ for 24-015 PJ Meli Aquatics and 24-019 Olsen Middle School are
posted, and that as part ofthese design services geotechnical and/or environmental
services will tikely be required. Can we submit an RIQ package forjust these serviccs?
Or will it be sent out as a separate RFQ? Packages cannot be submitted separately for
geotechnical or envirormental serr,'ices. We are lookilg lor sen'ices outlined in the RFQ.
However, a bidder is permitted to be a subcontractot with another ltrm that needs
assistance rvith these types of sen'ices.
OUESTIONS AND ANSWERS
CITY OF DANIA BEACH, FLORIDA
DANIA BE^(}]
str t, LrrE II to9E :T
REQUEST FOR QUALIFICATIONS FOR
DESIGN SERVICES FOR OLSEN MIDDLE
SCHOOL PARK PROJECT
REQUEST FOR QUALTFTCATTONS (*RFQ.") NO. 24-019
Prepared by:
Cify of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
August 1,2024
CITY OF DANIA BEACH, FLORIDA
ADDENDUM 2
ADDENDUM 2
OUESTIONS AND Ar.-SWERS
l. May a firm simultaneously serve as a prime consultant and a subconsultant to other firms
for the purpose of this solicitation? May subconsultants join multiple teams? Yes
2. Can we get a copy ofthe conceptual design for the Olsen Middle School Park project?
Who created it? Yes, Bermello Ajamil & Partners, Inc. Please see the attached image.
3. Will the track and field area be lit? Yes
4. Please confirm if restrooms will be included in the Parks & Recreation Administrative
Office Building. Yes, there r.vill be restrooms in the Administrative Office Building.
5. What will be the hours of use for the City Park and for the Olsen Middle School? Olsen
Middle rvill have use of the fenced rn portion (track/multipurpose, basketball, baseball and
tennis courts) during school hours. The remaining property outside the fenced zLrea will
remain opcn to the public at all times. The park will be used for a city park outside ofthe
middle school use during school hours and during the weekends.
6. What is the design budget? The design budget is S500K
7. What is the construction budget? Projected construction costs are estimated at 56.4
mi11ion.
8. Does a Broward CBE certification apply the same weight for the City's
Minority/Women's Participation goal? No, the entit-v must be a state certified W/MBE
entity.
9. Does the City see public involvement being a part of this project? Yes, the city plans on
having public involvement in the project. We have ensured public involvcment throughout
the Master Planning phases by holding workshops and a public input meeting. This
collaborative approach has allowed us to gather valuable l'eedback and incorporate
community perspectives into our plans. As a result, the City Commission has approved a
conceptual design that reflects the community's needs and aspirations.
10. Under item 4. At the top of page 32, It says licensed in County/State, is this relevant to
the Design Service Proposal? If, so, is it for the Prime or the Subconsultants? No,
however, a license must be provided for the Prime and subconsultants as t.rutlined in
section 5.5 of the RFQ.
I I . Is item 5 Subcontracting plan relevant to this Design Service proposal, since we arc not
contractors? No.
REQUEST FOR QUALIFICATIONS ("RTQ") FOR
*DESIGN SERVICES FOR OLSEN MIDDLE SCHOOL PARJ( PROJECT"
RFQ NO.24-019
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EXHIBIT B
FEE SCHEDULE
-15
WALTERS ZACKRIA
ARC'IIITEC'TS
October lll. l0l-l
Ms Cassi Warcn
Dircctor of Parks and Rccreation
100 W Dania Beach Blvd.
Dania Beach. FL 33004
cwaren(rgdaniabeachfl . gov
954.924.6li()0. x373l
Rc: Olsen Park Architcctural and Engineering Scniccs Proposal
l)car Ms Warcn-
The hrm of Waltcrs Zackria Associates, PLLC proposcs thc lbllowing scopc of u'ork and lie schcdule tbr
the proposed Olsen Park located at 330 SE t lth Terrace, Dania Beach. Florida. with a Broward Counry
Folio No.: 5142-03-69-0020, as shown on the attached Exhibit B. The project will include architectural
and engineering design services with specifications fbr the tbllowing project elements:
l. Ncw multipurposc s),nthetic turf field.
a. Sports lighting
b. Bleachcrs with shadc
2. Landscape and lrrigation design for 7 acrc site
3. Site Lighting
4. Otlice / Restroom building (Approx. 3,500 sf)
5. Hardscape and fumishing
6- 4 lane 400m running track
7. Perimeter fencing and fencing around the lteld
8. Parking Iot
9. Basketball court
10. Tennis court
ll. Pickle ball court
12. Dog walking area and perimeter fencing
13. Multi-age playgrounds
14. Park Fencing and signage
Seniccs r.vill includc Architectural Design. Strucfural Engineering. MEP Enginccring, Technology
Engineering Civil Enginccring, Landscape and Irrigation Scrvices for thc scopc listed above.
PH,A.SE I DESIGN PIIASE SERVICES
TASK I
TASK ]
TASK ]
PREDESIGN SERVICES
SITE ANALYSIS ( EXISTING CONDITIONS)
SCHEMATIC DESIGN SERVICES
5813 N. Andrc\,,,s Way. Fort Lauderdalc, Florida 31309
Phone: 95-l-522-4123 Fax: 95.1-522-1128
Florida Rcgistration: AR9l520
admin(rwza-architecls-com
I. T,{SKS
1
TASK 4
TASK 5
TASK 6
TASK 7
PERMIT SUBMITTAL
BID PHASE SERVICES
CONSTRUCTION DOCUMENTS
SITE PLAN REVIEW SUBMITTALS
PHASE 2 PERMITTING AND BIDDING PHASE SERVICES
PHASE 3 CONSTRUCTIO\ PHASE SERVICES
SHOP DRAWING REVIEW
LIMITED CONSTRUCTION ADMINISTRATION
STRUCTURAL. CryIL ENGINEERING. LANDSCAPE/IRRIGATION INSPECTIONS
TASK 8
TASK 9
TASK IO
PHAST] I DESIG\ PHASE SERVICES:
TASK I PREDESIGN SERVICES
TASK I.I SCOPE AND DATA REVIEW
WZA shall conl-lrm the scope/intent and establish the design parameters of the anticipated project
in consultation with City stalT by u,ay of prgect meetings, (up to l). Meeting discussion will
include but not be limited to defining the scope, intent, limit and requirements ofthe project. budget
review, scheduling, establishment of lines of communication. regulatory permitting considerations
and procurcmcnt method.
TASK I,2 NEEDS ASSESSMENT
City staff \.!ill provide a Needs Assessment Surnmary document to WZA to incorporate into the
programming and schematic design.
TASK I.3 BUILDING PROGRAM
Bascd on the Needs Assessment Summary, WZA rvill prepare a building program. The building
program rvill convert thc City's nccds into building arcas with approximate spatial size, adjacency
rclationships. equipmcnt requiremcnts. occupancy requircments. and programmatic considcrations,
etc. WZA shall provide a drali building program report to the City. The City will revieu,and
provide comments on the drafi report, and WZA shall address City comments and produce a final
building progxam report.
Deliverables: WZA shall provide a draft building program report and a final building program
report.
TASK 2 SITE ANALYSIS (EXISTING CONDITIONS)
TASK 2.I EXISTING SITE DATA COLLECTION
WZA will hire the following sub-consultants to document existing site conditions
I . Sun'eyor to preparc the site survey.
5813 N. Ardrews Way, Fort Laud€rdale, Florid. 333{D
Phc,{rc:9*5247L1 Fax: 99-522J128 2
Rorida Registration: AR91520
admin@wza.alchitects.com
II. TASK DESCRIPTION
A
a. Boundary Survey
b. Topographic Suney
c. Tree Survey
d. Utility Marking Survey
2. Gcotechnical Engineering firm to provide soil boring and foundation analysis.
a. Four SPT borings to a depth of l5 t'eet each in the area ofthe track.
b. Two SPT borings to a depth of l5 feet each in the area ofthe courts,
c. Two SPT borings to a depth of 25 t'eet in the area of the proposed Office / Restroom
building.
d. One SPT boring to a depth of l5 feet in the area olthe playground.
c. One SPT boring to a depth of l5 feet in the area of the covercd bleachers.
f. Two SPT borings to a dcpth of l0 feet each in thc area ofthe parking spaces.
g. Three South Florida Water Managemcnt District (SFWMD) usual tlpc opcn-hole
exl-iltration test(s) to a depth of six fbet each in an etlbrt to measure the hydraulic
conductivity ofthe existing soils at specitic test locations for site drainage evaluation.
h. The borings will be performed in general accordance with ASTM D-1586 specifications.
We assume the site is accessible Io truck mounted drilling equipment and that underground
utilities will be cleared by others prior to our performing the on-site work.
4. Arborist for Tree Sun'ey
a. Tree Survey and Arborist report
5. Civil Enginccr for existing site permits research
a. SFWMD
b. BC EPD
c. City of Dania Beach
d. SBBC
\\'ZA u.ill also revie*'and photo document existing site conditions.
TASK 3 SCHEMATIC DESIGN
WZA u,ill create the schematic building plan, elevations. rcnderings, and site plan to comply $ith
current project scope prepared by the City. WZA will submit the schematic package lbr City staff
review and approval. WZA will present the Schematic Design at (2) public meetings City
Commissir-rn and SBBC.
TASK .]- I CONCEPTUAL tsUILDING FLOoR PLANS
Bascd on the final building program report, WZA will prcpare a drati conceptual Building Floor
Plans illustrating a layout for the proposed Facility. WZA will present thc conceptual layout to City
staff tbr discussion. The City will rcview and provide commcnts on thc draft conceptual Building
Floor Plans and thc WZA shall address City cornments and produce a final schematic plan.
Deliverables: The WZA shall provide a (l) draft conceptual Facility plan and (l) tlnal conceptual
Facility plan.
s813 N
Phone:
, Andrews Way, Fort Laudeldale, Florida 33309
95+5D472i Fax:95*5224-128 3
Florida Registration: AR9520
admin@wza-architects.com
3. Underground locates company for sub-surface investigation.
a. Horizontal Dcsignation Scrvices
b. Location Services
c. Utility Mapping
A
TASK .].2 CONCEPTUAL SITE PLAN
WZA will prepare a conceptual site plan illustrating a layout fbr the proposed building, parking.
circulation, secure and public areas, all park elements, etc. WZA will prcsent thc conceptual sitc
plan to City stafffor discussion. The City will review and providc comments on the draft conceptual
site plan, and the WZA shall address City comments and produce final site conccptual plan.
Deliverables: The WZA shall provide (l) draft conceptual site plan and (1) final conceptual site
plan.
TASK 3,3 CONCEPI'UAL ELEVATIONS
WZA rvill prcpare up to clcvations illustrating architectural featurcs and use of materials for thc
proposcd building. WZA will present the elevations to City staf'f fbr discussion. The City *ill
review and provide comments on the draft elevations and the WZA shall address City comments
and produce a final rendering for presentation to the City Commission and SBBC tbr approval.
Deliverables: The WZA shall provide (l) draft conceptual elevation and (l)final conceptual
elevation.
TASK 3..I COLORED SITE PLAN AND RENDERINGS
\\ZA will prepare a colored site plan and building rendcrings for ( I ) design concept
Deliverables: The WZA shall provide ( I ) draft conceptual colored plan and renderings and ( I ) tinal
conceptual colored plan antl renrJerings.
TASK 3,5 STATEMENT OF PROBAtsLE COST
Bascd on the final conccptual site plan and building plans, WZA will provide the City with a
statemcnt of probable cost for the construction of the Facility. Thc City will revicw and providc
conlmcnts on thc draft statement of probable cost. and WZA shall address City comments and
produce a final statement ofprobable cost.
Deliverables: The WZA shall provide a draft statement of probable cost and a tlnal statement of
probablc cost.
WZA shall prepare and present the project at a regularly scheduled City Commission and SBBC
for approval.
TASK .1 C'ONSTRUCI'ION DOCUMENTS
WZA will provide Architecture, MEP Engineering, Technology Engineering. Structural Engineering.
Civil Enginccring, Landscape and lrrigation design drawings, tcchnical spccifications and details
nccessary to sccure a building permit. The construction documents shall clearly identify civil,
landscape. irrigation. architectural, structural. mcchanical, clectrical. plumbing and tcchnology dcsign
solutions. All major featurcs, systems and components shall be idcntified and detailcd in this task.
TASK 4.I PROGRESS SUBMISSION
5813 N. Andrews Way, Fort Lauderdale, Flori.la 333(D
Photre:954.522.41 Fax:954.5224128 4
Florida Regishation: AR9520
adnrin@wza-architecls.conr
TASK 1.6 CITY and SBBC PRESENTATIONS
WZA shall submil to City 6t)%. 95% and 100% design drau,ings of the subject facility f<rr City
review and approval. Upon approval of Task 4.1 6096 submittal, WZA shall proceed to Task 5.
Upon approval of Task 4. I 95o/o submittal and Task 5, WZA shall proceed to Tasks 6 and 7.
Deliverables:
a PDF copies of the 60% completed sel of the construction documents for City review and
approval
a PDF copics of the 95% completed set of the construction documents for City revieu' and
approval
o PDF copies of the 100% completed set signed and sealed construction documents with
specifications on plans f<rr City use. PDF signed and sealed copies will be provided for the
building departrnent
lI the City should desire hard copics, prints, plans. handouts. or othcr matcrial. WZA shall providc
at normal rcimbursable rates and as approved and authorized by ('ity in advancc.
TASK 5 SITE PLAN REVIEW SUBMITTAL
WZA shall submit the building plan and elevations to the City Zoning department tbr Site Plan revierv
and approval. City shall pay all review lees. WZA will attend meetings with planninv and zoning stafl.
PHASE 2 PER}I I1'TINC ,4.\D BIDDI\G PHASE SERvtCES
TASK 6 PT'-RMIT SUBMITTAL
Building Department Permitting - WZA shall give signed and sealed drawings to the City Building
Department fbr review. WZA rvill make the necessary revisions required. which are pan ofthe base
project buitding program and scope olwork.
Landscape r lrrigation Design, Permitting - WZA shall provide signed and sealed Landscape ,'
Irrigation drawings for a City Permit. WZA will make the necessary revisions required, which are
part of the project scope ofwork.
I'ASK 7 BID PHASE SERVICES
WZA will assist the City in selecting a General Contractor. WZA shall attcnd thc prc-bid mccting.
address RFI's and issue addenda, as required. Onc (l) bid phase is included in this proposal.
PIIASE 3 CONSI'RUCTION PIIASE SERVICES
TASK 8 SHOP DRAWING REVIEW
WZA will receive shop drawings, samples, cuts, Miami Dade "Notice of Acceptance", (NOA) and
preliminary Opcration and Maintcnancc, (O&M) manuals dircctly tiom the Contractor for revicw
and approval. WZA. with sub-consultants. shall rcvieu'the submittals for general conformance with
thc design intcnt and provisions ofthe Contract Documcnts. WZA. with sub-consultants. sill consult
*ith the City conceming the acceptability of substitute materials and equipment proposed by the
Conrractor. Review ofup to 150 submittals (total, which includes submittals. and re-submittals, ii
5813 N. Andr.ws Way, Fort l-auderd.le, Florid. 33.3{D
Phone:954-522-4123 Fax: 4-5D4728 I
Florida Registretion AR95A)
admin@wza-architects.com
Surf'ace Watcr Permitting - WZA shall providc pcrmitting scnices for the surtacc uater drainagc
systcm modification obtained ftom Broward Counfy EPD and SFWMD. WZA will make thc
necessary rcr isions requircd. u hich are pan of thc project scopc of rvork.
W A
required) are included in this Proposal. !\'ZA will maintain the shop drawing log and provide that
log to thc City. The shop drawing log uill be revicwed at each monthly project mccting.
WZA shall act promptly and systematically to check all shop drawings, materials samples, catalogue
cuts and NOA itcms to determinc if thc submittals are in accordance with the Contract Documents
and Spccifications. The tumaround time will bc based on thc sizc of the submittal. but shall in no
case be in excess of l0 working days. Review will include at minimum acceptance. retum for
correction. re-submission or any other pertinent notes.
TASK 9 t,IMITED CONSTRUCTION ADMINISTRATION SERVICES
WZA, with sub-consultants, will provide scrvices for thc administration of the cxccutcd contract
between City and Contractor. This task includes rendering intcrprctations ofthe Contract Documents,
providing schcduling assistance, projcct coordination and corrcspondence uith City as outlined below.
It is assumed general administration services u'i1l be provided tbr the 360-day project duration.
TASK 9-I GENERAL CONSTRUCTION ADMINISTRATION
WZA. rith sub-consultants, will provide services for the administration of the executed contract
betwccn City and Contmctor. This task includcs rendering intcrprctations of the Contract Documents,
providing schcduling assistancc, project coordination and correspondcncc with City as outlincd bclow.
It is assumed gcncral administration serviccs will be provided for the 360-day project duration.
TASK 9.2 CONFORMED CONTRACT DOCUMENTS
WZA. with sub-consultants, shall cr.rnlbrm the bid documents by revising the drawings and technical
specifications in accordance with changes made by addendum during the Bid advertisement period, and
provide denoted, conformed Contract Documents to the City and the Contractor.
TASK9.3 PRE-CONSTRUCTIONCONFERENCE
WZA shall attcnd a preconstruction conference \,ith represcntatives of the City and Contractor and
major subcontractors. WZA shall prepare, in writing, agenda and minutes ofcont'erence.
TASK 9,4 REVIEW OF BASELINE PROJECT SCHEDULE AND SCHEDULE OF VALUES
WZA will rcview and comment on thc Contractor's submittcd preliminary (baseline) projcct schedulc
and draft schcdule of values to bc submitted *ith each application for pa).mcnt. WZA will review
rcviscd submittals as necded to addrcss all comments.
TASK 9-5 BI-WEEKLY MEETINCS AND SITE VISITS
WZA along u,ith key City stalf will attend bi-weekly project meetings (up to 26). WZA will request
that sub-consultants attend as deemed ncccssary by WZA. These mcetings may be at thc project site.
The purposc of the bi-weekly project mccting is to discuss progress of the work. This includes to
facilitate all coordination betwccn the Contractor and various sub-contractors. WZA will confirm
activities adhcrc to thc approvcd schcdule. Any potential delays due to deliveries. ficld conditions,
stafling. weathcr. supply chain issucs or other issues not dctailed here will bc discusscd as well as
providing solutions to realign etfons in order to finish the project on time. Included in the bi-weekly
pro.ject meeting will be a discussion and revieu ofthe shop drawing log. WZA will take appropriate
action to ensure that submittal deadlines and review tum-around periods are met.
5813 N. Andrews Way, Fort Laud€rdale, Florida 33309
Phonei 9*522-i1123 Fax:954-5224128 6
Florida Regiskation: AR9520
admin@wza-architects.comVfr
WZA anticipates that Contractor will be responsible for preparation of the agenda and distribution of
the bi-wcekly project meeting minutes.
In con.junction with thc Bi-weekly project meetings, WZA and sub-consultants (if requircd) shall
conduct a site visit (up to 26). WZA shall report in writing all obsen ations on issues to quality of
ongoing u'ork or sitc conditions to determine u,-hether the progrcss is in general conformancc with the
Contract Documents and consistent with the progress reflected in the monthly applications lorpayment.
TASK 9.6 APPL]CATIONS FOR PAY ESTIMATE
WZA shall rcvicw a pencil copy of each application for pay estimatc. Ceftiflcation of the paymcnt
request will constitute a reprcscntation by WZA to the City, that based on obsen'ations ofthe executed
work as an experienced design professional and firm, work has progressed to the point indicatcd on the
paymcnt application supported by the approvcd schedule of values. WZA'S signaturc on thc payment
application will be a recommendation lbr the City to execute payment.
TASK 9.7 CONSTRUCTION SCHEDULE REVIEW
TASK 9,8 RFI RESPONSE / CONSTRUCTION INTERPRETATIONS AND CLARIFICATIONS
During the performance ofthe work and until substantial completion, WZA, with sub-consultants. shall
receive, log, disftibute, and respond in writing, along rvith associated suppon materials, to Contractor's
requests for information (RFI) regarding the design documents during the 12-month conshxction
period. A total of50 RFI responses have been included in this task. WZA, with sub-consultants. shall
issue interpretations and clarihcations of lhe Contract Documents- along with associated support
materials, as requestcd by thc Contractor. These interpretations will bc rendered, and a responsc
prcpared by WZA and submittcd to the Contractor in a timely fashion commensurate with the nature
of the response.
IASK 9,9 L HANCE ORDfRS
WZA shall make no changcs to thc design or changes causing additional cost or project duration without
prior written approvrl from the Ciry project manager.
WZA. with sub-oonsultants, shall prepare, process. and negotiate work change directives and change
orders^ during the l2-month construction period- For the purpose of this proposal. it is assumed that
up to six (6) change orders will be prepared during the l2-month construction period. Additional WZA
design lor desired change orders for additional w'ork scope, not due to discrepancies from the WZA's
design, will need to bc authorizcd by the City as an amendment to this proposal.
TASK 9.10 FIELD ORDERS
WZA may authorize minor changes in thc work if the changcs do not involve an adjustment in thc
contract picc or contract time. Field orders must be compatible with the design conccpt of thc Project
functioning as a whole as in the Contract Documents.
TASK9.II SUBSTANTIAL AND FINAL COMPLETION AND CERTIFICATE OF
CONSTRUCTION COMPLETION
A total of(13) applications, twelve monthly and one final are anticipated for this task.
WZA shall monitor thc construction schedule monthly (total of 12) and report to the City conditions
rvhich may cause delay in completion. WZA shall provide comments to the Contractor as applicable.
5813 N. Andrews Way, Fort Laudeidale, Flodda 33309
Phone'.954-5224-l Eax:954-5224123 7
Florida Regishation: AR91520
adnin@wza-architects.comW
WZA, *ith sub-consultants. shall conduct a substantial complction inspection and then a final
inspection with thc City to determinc ifthc project has been completcd in accordancc with the Contract
Documents and if the Contractor has fultilled his obligations thercunder. Contractor will notify City
and WZA that Project has reached substantial and final complction before inspcctions arc performed.
For the purposc oflhis subtask, Substantial Completion shall bc dccmcd to be the stagc in construction
ofthe project uhere the project can be utilized for the purposes for u.hich it was intended. and x'here
minor items need not be full!' completed, but all items that afl'ect the operational integrity and function
ofthe project are capable ofcontinuous use. A punchJist will be prepared by WZA for each inspection
(substantial & final) for the Project. WZA, rrith sub-consultants, will verifu that all punch-list items
have becn complctcd. WZA shall rccommcnd, in writing, final acccptance of the uork to the City.
Based upon available information, WZA will veri! and ccrtify to the City that thc constructed facilities
properly opcratc and are in gencral conformance with thc Contract Documcnts.
TASK 9,I2 PROJECT CLOSEOUT AND FI}.iAL SUBMITTAL REVIEW
WZA shall organize and participate in final project reconciliation meetings with the City and/or the
Contractor. WZA will review Contractor-provided record drawings and final O&M Manuals. City may
proceed to make final payment to the Contractor once all closeout items have been received for the
Proiect.
TASK IO STRUCTURAL CIVIL ENGINEERING 1 LANDSCAPE / IRRIGATION
INSPECTIONS
WZA will f'umish the sen ices ofdiscipline-specitic (Structural. Civil, and Landscape) inspectors (listed
below) fbr construction ofthe project to supplement the CA throughout the duration ofthe construction
period.
Structural Engineer will visit thc sitc a minimum of (8) times dunng construction as follows
FoundationiSlab on Gradca
b
c
d
e
Rcinforccd Concrctc
Rebar
Embe ddetl ltems
Masonry
fl Forms
g) Trusses
h) Sheathing
Civil Enginecr will visit the site a minimum of (9) times during construction as follows
a) Tie ins to existing facilities
b) Drainage lamping
c) Sanitary Lamping / Lift Station Start Up
d) Hydrostatic Testing of Water Mains
e) Subgradclnspections
f) Final Rock Inspections
g) Density Testing
h) SubstantialCompletion
i) Final Completion
Landscape Architect rvill visit the site a minimum of 13) times durinc uonstrucnon:
5813 N. Andrews Way, Fort Lauderdale, Rorida 33309
Ptone: 4.522412i Fax.9$-52247?8 8
Florida Regiskation: AR915m
adn{n@wza-architects.com
Plant Delivery
During Plant lnstallation
Substantial lFinal Completion
Upon receipt ofthe executed work authorization, WZA shall proceed with the work as described abovc and
complete all task as follows:
a)
b)
c)
a Prcdcsign Services and Site Analysis
a Schematic Design
I 600lo Construction Documents
. City / CM ReYiew and Approval
a 95olo Construction Documents
a City / CM Review and Approval
a l00o/o Construction Documents
a Site Plan Review
. Permitting / Bidding
. Construction(30,300,30)
TOTAL Calcndar Days
45 days
105 days (including 2 public meetings)
75 days
l5 days
45 days
l5 days
30 days
90 days
90 days
360 days
870 DAYS
Note: Proposed schedule is in calendar days. The proposed schedule does include (2) public meetings.
City . GC Review Periods, Site Plan Review, Permitting ,/ Bidding- and Construction are time allowances
actual number ofdays will vary and are out of WZA's control. The impact ofthese items is not knorm
at this time.
IV. COMPENSATION:
Compensation for professional consulting Architectural and Engineering services as described herein shall
not exceed amount of S94i,640.00 billed as lumpsum in accordalce with the AGREEMENT. The fee
breakdown is as follows:
Phase 1 - Design Phase Services (Lumpsum) $ 587,600.00
Phase 2 - Permitting and Bidding Phase Services (Lumpsum) $ 65,100.00
Phase 3 - Construction Phase Services (Lumpsum) $ 278.940.00
Labor Total $ 931,640.00
Reimbursables Total $ 10.000.00
Total $ 941,640.00
Reimbursables - Above listed design costs do not include reimbursable items such printing, plotting,
material boards, renderings, outside agency permit fees, etc. $10,000.00 would be estimated to cover these
costs.
IV. PROJECT SCHEDULE
\M 5813 N. Andrews Way, Fort Lauderdale, Florida 33309
Phone.954-522-4123 Fax:95.1-522-4118 9
Eorid, R€gishation: AR9152O
admin@wza-araiitects.com
V. AGREENIENT
Additional sewices - Ifrcquested by thc CLIENT, shall include additional tasks not specifically mentioned
above.
All additional sen ices requested by thc CLIENT shall bc billed at the firm's standard hourly rates.
Additional services may include:
Major redesign effort due to change in overall project scope, budget, or programming criteria.
CLIENT directed revisions to drawings from previously approved preliminary design documents.
Repair details or as-builts due to CLIENT requested changes, contractor's error or unauthorized
deviation from contract documents.
LEED Design, Docum€ntation, Commissioning Sen'iccs
Construction Administration time excceding l2 months
Warranty Phase Scrvices
Compliunce with Laws - Architect shall pertbrm its services consistent with sound professional practice
and shall endeavor to incorporate laws, regulations. codes. and standards applicable at the time the work is
performed. In the event that standards of practice change during the Project, architecl shall be entitled to
additional compensation where additional services are needed to contbrm to the standard of practice.
Building shall be designed to Florida Building Code, 8'h Edition, etfective January l. 2023.
Palment lerzs - Serviccs will bc invoiced at thc completion of cach phase. Payment will bc cxpccted
within (30) days. A periodic charge of I .5%, i month will bc charged on late paymcnts.
Ownership of Docamears - Documents prepared by architect lbr the Project are instruments of sen ice and
shall remain the property of architect. Record documents of service shall be based on the printed copv.
Architect will fumish documents electronically however the CLIENT releases Architect from any liabiliq
that may result From documents used in this tbrm. Architect shall not be held liable for reuse ofdocuments
for any purposc other than thosc intended undcr the Project.
Third Par4' Claims - Thc CLIENT will compensate architect for senices performcd in defense ofany third
party claim unless the claim resulted from the negligent act, crror or omission of Architect.
Note! Pursuant to Florida Statute 558.0035, an individual
employee or agent of this Firm may not be held individually
liable for negligence.
Scope of Services and Fees - Thc scopc of scniccs lbr EACH project is based on the assumptions stated
in thc Proposal and intbrmation providcd by thc CLIENT. [f thc conditions encountcred materially vary
from thosc indicated, or if thc Client and Owncr's Representativc directs A-rchitect to modify thc scopc of
scrvices in u,riting. the costs and/or pcrlbrmancc time establishcd by the Proposal will be modified
accordingly. Fees tbr services have been established in the Proposal. Unless other arrangenlents are
established in the Proposal. f'ees shall be negotiated on an hourly basis.
Etpenses - Material expenses and supplies; shipping charges; reproduction or copy charges, equipment
rental; f'ees advanced on CLIENT's behall, as well as all other ordinary reimbursable expenses incuned
during the performance of the services set lorth in the Proposal shall be reimbursed at Cost. Where
applicablc, cquipment usagc will be reimburscd as set forth in the Proposal.
Performance - Architect and its cmplo1'ccs will cxcrcisc that dcgree of skill and care ordinarily cxcrcised
by members of the prol'ession pertbrming similar services in the geographical area where the services are
being provided. NO OTHER WARRANTY, OF ANY KIND. EXPRESS OR IMPLIED, AT COMMON
5813 N. Andrew6 Way, Fort I-auderdale, Florida 33{D
Phone,rr+5224723 Fax: 954-522-4128 10
Florida Registration: AR95,I)
admin@artza-architects.comW
LAW OR CREATED B\'STATUTE. IS EXTENDED. MADE OR INTENDED. WITH RESPECT TO
PROVIDIN(i ANY SERVICES WHATSOEVER. INCLUDING THE I.'URNISHING OF ANY ORAL
OR WRITTEN REPORTS.
Architcct is not a guarantor of thc project to which its scryices are directcd or of any element thcreof.
Architect's rcsponsibility is Iimitcd to pcrformance of thc scrvices sct forth in thc Proposal in accordancc
with the standard ofcare set tbrth in this Paragraph. Architect is not responsible tbr acts or omissions olthe
CLIENT. or for third parties not under its direct control. By agreeing to this Contracr. the CLIENT waires
any and all claims for and forever releases Architect liom any special, indirect or consequential damages
including loss of use or loss ol profit. Architect may rely upon information supplied by the Client or its
contractors or WZAs, or infbrmation availablc from gcnerally accepted rcputable sources, without
independcnt vcrification. Conclusions by Architect bascd on studies. obser,,ations and/or test results arc
limited to thc spccific conditions for uhich thc studics. observations and'or tcsts were performcd.
Latent Defects in Existing Construcrton - Architect shall not be responsible tbr latenl or hidden defects
that may exist, nor shall it be inferred from the completion of the Services that all defects will have been
either observed or recorded. In as much as inspection or rehabilitation of an existing building requires
certain assumptions that cannot be verified without expending great sums ofadditional money or destroying
otherwise adequate or serviceable portions ol the building. Architect shall not be responsible for costs of
correctivs work or any other expcnsc or cost arising from any latcnt defects in cxisting conditions. or thc
accuracy or inaccuracy of drar,r'ings or information providcd to Architect. Whcre Architect's serviccs arc
Iimited to thc performance of reprcscntative lisual inspection of limited arcas ofthe building or structure,
Architect shall only be responsiblc tbr that which can be rcasonably obsen'ed at such rcprcscntariv.'
Iocations.
Subcontractors / Affrliated Subcontractors - Architect may retain certain Subconlractors or SpecialB
WZAs as lndependent Contractors and/or Specialty Engineers.
Means, Methods und Procedures - It is understood that thc CLIENT may pcrform er aluations of cxisting
construction andlor may havc construction serviccs pcrformed concurrent *'ith. as a result of. or in
accordancc rvith the profcssional sen'ices provided by Architect. In any such case. A-rchitect shall nothavc
control ovcr or charge of and shall not be responsiblc tbr the construction mcans, methods, techniqucs,
sequences or procedures. or for safety precautions or programs in connection with any such construotion
work, as these remain solely the Contractor's responsibility. Architect shall not be responsible lbr the
Contractor's schedules or fbilure to carry out work in accordance with documentation prepared by Architect
pcrtaining to such rvork. Architcct shall not hare control over or charge of acts or omissions ofany
Contractor. Subcontractors. or thcir agents or employce's, or for any other pcrsons pcrforming ponions of
anv such work-
Hszardous Material - Architect shall bear no responsibility tbr the discovery, presence, handling, removal
or disposal of hazardous or dangerous materials. The Contractor may be required by Agencies having
Jurisdiction to pay for permits lbr additional testing ofasbestos or other such hazards. Architect shall bear
no responsibility fbr these additional costs.
Safe Working Environment - Contractor has the duty to provide a safe rvorkin-q enr ironment to employees
and ifArchitcct reasonably determincs the working conditions to be dangerous, then Architect may. without
penalty, ccasc the performancc of its services and with&aw its cmployccs ftom the project until such
dangerous conditions are correctcd. [n the event that Architect ceases the pcrformance of its sericcs in
accordancc uith this section- Architcct shall be entitlcd to an equitable adjustment to its compcnsation to
account lbr any additional costs and expenses incurred as a result of such actions.
Concealed Conditions - This Agreement is based solely on the obsen ations Architect was able to make
with thc sitc in its current condition at the dme this Agrcement. If additional conccalcd conditions are
5813 N. Andrews Way, Fort Laudedale, Florida 333{D
Phone:-95+522412i Fax:.95+5224728 11
Florida Regtuaration: AR9520
admin@wza-architects.comA
discovered once work has commenced, which were not visible at the time the proposal, Contractor will stop
work and point out these unforeseen concealed conditions to Architect so that CLIENT and Architect can
execute a Change Order for any Additional Work.
CHAPTER 558, FLORIDA STATUTES, Contains important rcquirements you must follow beforc you
may bring any lcgal action for an alleged construction defect. Sixty days before you bring any legal action,
you must deliver to the other party to this contract a written notice, referring to chapter 558, of any
construction conditions you allege are defective and provide such person the opportunity to inspect the
alleged construction defects and to consider making an offer to repair or pay for the alleged construction
defects. You are not obligated to accept any offer which may be made. There are strict deadlines and
procedures under this Florida law which must be met and followed to protect your interests.
Subpoenas and Court Orders - Except in the case of an action by CLIENT against Architect, CLIENT
shall be responsible, attcr notilication, for payment of time charges. attorney fbcs and other expenses
resulting from a required response to subpoenas or court orders issued by any party in conjunction with any
sewices performed by Architect for the CLIENT. Charges shall be based on billing rates in effect at the
time ofsuch response. The parties hereby irrevocably submit to thejurisdiction ofthe state or federal courts
Iocated in Broward County, Florida in connection with any suit, action or proceeding arising out of or
related to this Agreement.
Stsndard Rates Billing rates for all additional scn'ices shall be as follows
HOURLY
T]TLE RATE
Principal Architcct $ 325.00
Rcgistered Architect $ 225.00
Proiect ManaFer 1 $ 205.00
Project Managcr 2 s 185.00
ProjectManagcr3/Site
Inspector
$ 155.00
Cad Operator Level I $ l15 00
Administrative $ 120.00
Rates are effective from ll-l-24 to 12-31-26. Rates are subject to increase after the effective period.
Hourly rates may be adjusted annually after the l-l-27. In no instance may any adjustment exceed 5olo in
any one year.
Addirtonal lten s - Fees quotcd under this proposal shall be valid for 120 days. The project shall be
completed within (l) yea: of the notice to proceed. If thc projcct is delayed beyond that time period. thc
WZA shall be eligible for additional compensation.
CLIENT Requirements -
The CLIENT *'ill provide all available as-built drawings.
The CLIENT *ill be responsible for permit fccs to all agencies having jurisdiction.
Thank you for the opportunity to provide design services. Please contact our office if you have any
questions regarding this proposal.
Florida Regiskation: AR91520
admin@wza-architecls.com
Please note that the firm cannot be held liable or responsible for undocumented or concealed existing site
or building conditions.
5813 N. And(ews Way, Fort Lauderdale, Florida 33309
Plro et954-522-1123 Fax:954-5224128 72
Sincerely,CLIENT Approval
b
Abbas H. Zackria, RA, CDT, LEED AP
Principal Architect
S i{,:nature
Title
5813 N. Andrews Way, Fort Lauderdale, Florida 33309
Phone 954-522-,1123 Fax: 954-522-4128 13
Florida Registration: AR91520
admin@wza-architects.com
Date
EXHIBIT ,{ - FEE BREAKDO\\'\
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5813 N. Andrews Way, Fort Lauderdah, florida 33309
Phone: 9y-522J123 Fa*954-5224123 14
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EXHIBIT B - PROJECT I-I\IITS
SF 1 1 TFR DANTA BEACH FL
Peucel hfolxratlorl
Lattvalk 5l 728 530
Pacer ld: 51.1203690020
SCHOOL BOARO OF BROWARD
aYtrer COUNTY ATTN:FACILTTY
I\'IANAGEMENT
SCHOOL SllE 0470 1,1+50 B
POR NON OF TRACTA OESCAS
BEGAT NW COR O' TRA.E
Les.r 432 43,S 282 5O,SE 67.3S.5
51 41.S!V 36.2'l SE 63 39,SE
33 1g,SE 134 73,W 473 79,N
645 25 TO POB
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Florida Registration: AR91520
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5tr13 N. Andrew3 Way, Fort Lauderdale, Floridi 3iXXD
Phone:954522-{123 Fax:95{5224128 15
EXHIBIT C
MWBE/ SMALL BUSINESS COMMITMENT
[nsert Statement of MWBE Participation (Form MB0l )
[Insert Statement of Small Business Participation (Form SB0l )
36
WALTERS ZACKRIA
ARCHITECTS
MBE/CBE/SBE CERTIFICATES
WalleG Zackria Assoc ates
Q-t-
Ecoromic Development & Diversity Compliance
IValters Zackria,{ssociatcs
CERTII'ICATION
Se.]] B6in.ss Ent +d$ (SBE)
Noa-MinonE Mrl.
eY''
Thc Sch6l Districl of P.lrn B€:.ch County, FL
Oftc. of Dircrrny In ausin s Pn.ri..r
Y--hr.r.Fl
IIA].TERS ZACXRIA ASSOCIAIES PLLC
Jadu..y 2r, 2023- Jerrurt 2a 2O2e
.o .V
Ihu Czttif.cau i .\uatdcd a:
WATTERSZ'O<RIAASS@IATES.PII-C
D€AWALTEFSZACXSIAIRCT{TEq'S
BRISH Offie of I@oEi. and
Sh.I Bqri,B DBrloDD.nr
5ti l3 N Andrcws Way, Fort Lauderdale, Florida 33309
Phone: 954-522-.11 2l Fax: 95,1-522-.1128
95
Florida Regislralior: ARgI520
admin(rlwza-architects.coor
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ANDRES MONTERO
LANDSCAPE ARCHITECTURE
CBE/SBE/MBE CERTIFICATES
23OO EAST OAKLAND BLVD. SUITE 3OO, FORT LAUDERDALE, FLORIDA 33306, USA I P 954.597.5606
96
ANDRES MONTERO TANDSCAPE ARCHITECTURE, LLC
This Cemficate is Awardtd to:
BR;gIMBQ
, (^..\-k-5.2-<.
Office tTI Economic and
Small Businers Development
Cartry aliE E &rFBe
srEa hr.ilB E !BFi*atr!fryoaE (,cld6li
Andl(. \4onrcru Landscapc .\rchllccturc
Qr-
ls csnli.n rd.r tlr D.dJioni {i
!s7 &d 29t l3t, Fbndi srrllei, i.r , Briod flm
o11f]1014 0116,?026
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EXHIBIT D
\otice
All notices required by this Agreement shall be sent in accordance with Section I I . l4 to the fbllowing
addresses:
To the City:
Ana M. Garcia. ICIMA-CM, City Manager
City of Dania Bcach
100 W. Dania Beach Bouler ard
Dania Bcach, FL 33402-3366
with a copy to'.Eve A. Boutsis, City Attomey
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FL 33402-3366
To Consultant:Abbas H. Zackria, R CDT LEED AP
President
Walters Zackria Associates. PLLC
58 13 N. Ardrews Way
Fort Lauderdale, Florida 33309
37