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Hernandez, Kerry
From: Martinez, Roman
Sent: Thursday, February 09, 2006 10:58 AM
To: Parcher, Robert
Cc: Hernandez, Kerry; Lopez, Gus
Subject: FW: RFQ no. 10-04/05 Contract Execution
Bob:
This is another company from the 47 that we started with under RFQ-10-04/05 that is pulling-out and is not
executing a contract, please remove Urban Advisors LTD as well as Hernandez Consultin¢j Engineers from
the listing of Contracts to be executed. If you would have any questions please call me.
Thank you
MIAMIBEACH
Roman Martlnez, Senior Procurement Specialist
Procurement Division
1700 Convention Center Ddve, Miami Beach, FL 33139
Tel: 305-673-7490 ext. 6371 / Fax: 305-673-7851 / www.miamibeachfl..qov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.
..... Original Message .....
From: Glenn Kellogg [maill:o:gkellogg@urbanadvisors.com]
Sent: Thursday, February 09, 2006 10:37 AM
To: Martinez, Roman
Cc: caomb@miamibeachfl.gov
Subject: RFQ no. 10-04/05 contract language
Mr. Martinez,
I regret that we are unable to sign the contract language for RFP No. 10-04/05 because of the
professional liability insurance requirement, Article 11.1 a. We have written to Mr. Raul Aguila in the
City Attorney's Office in appeal for a waiver of this requirement, but have not received a reply.
The nature of our work consists of gathering and analyzing demographic, business and land use data,
interviewing local representatives and presenting findings and strategies to solve local economic and
land use issues. This is something of a niche market, with only a handful of firms providing similar
services in any region. Consequently, we understand that it is difficult to classify for the purposes of
standard contractual language.
We have been somewhat appropriately categorized with Planning Services, which appears to be under
the province of Architectural and Engineering services. However we do not carry similar professional
insurance since our contracts are usually small, and we are not preparing designs of structures that can
fall down and hurt people. Neither do we draw maps, apportion land use or perform any activity
resulting in physical design that would be subject to liability, and further, we rely on available data
from sources such as the Census and ESRI as well as public data from the city's GIS and since such data
is always subject to changing conditions outside of our control, we do not assert a guarantee for such
data nor for the results of using such data. Where we have encountered similar contract language in the
past, the professional liability requirement has been waived by cities, counties and agencies including
state Departments of Transportation. Since we have never carried professional liability insurance, and
02/16/2006
Page 2 of 2
it is unaffordable for a small business to cary for the purpose of a single contract, we are unable to sign
Article 11.1 a, stating that we carry such a policy. We do carry General Liability Insurance, which is
usually accepted as sufficient for the kinds of service we provide.
Thank you again for your time and consideration of our situation.
Regards,
Glenn Kellogg
principal
UrbanAdvisors Ltd
202.362,4676
gkellogg@urbanadvisors.com
02/16/2006