LTC 421-2018 Issuance of Request fr Qualifications (RFQ) NO. 201MIAMI BEACH
OFFICE OF THE CITY MANAGER
LTC#
TO:
FROM:
DATE:
421-2018
Mayor Dan Gelber and Members
Jimmy L. Morales, City Manager
July 27, 2018
TO COMMISSION
SUBJECT: ISSUANCE OF REQUEST FOR UALIFICATIONS (RFQ) NO. 2018-312-KB
MASTER DESIGN CONSULTANT FOR INTEGRATED WATER MANAGEMENT
The purpose of this L TC is to update the Mayor and City Commission on Request for
Qualifications (RFQ) 2018-312-KB for a master design consultant for integrated water
management. The RFQ seeks proposals from parties interested in providing sea level rise and
stormwater mitigation strategies to the City. On July 25 , 2018, the City Commission approved the
issuance of the RFP and directed the Administration to expedite the receipt and review of
proposals that was originally scheduled to be considered for award by the City Commission on
October 17, 2018.
As directed by the City Commission, the Administration has revised the RFQ timeline as
indicated below. Barring any unforeseen delays, the Administration anticipates that the award
recommendation for this RFQ can now be considered by the City Commission at its September
26, 2018 meeting.
Solicitation Issued............................................. July 27, 2018
Pre-Submittal Meeting....................................... August 13, 2018
Deadline for Receipt of Questions........................ August 17, 2018
Responses Due................................................ August 27 , 2018
Evaluation Committee Initial Review of Proposals.... September 4, 2018
Presentations by Short-listed Firms.......................... September 14, 2018
Commission Approval......................................... September 26, 2018
Additionally, given the City Commission's desire to attract top national and international
respondents, the minimum requirement in the RFQ, that originally required firms to be certified
by the State of Florida, Division of Business and Professional Regulations, has been eliminated
because it would preclude firms not certified with the State from responding . Instead, firms will be
required to obtain State certification, which is a condition for conducting engineering work in
Florida, within 30 days of an award.
Finally, the RFQ has also been amended to include a streamlined two-phase evaluation process
that will allow proposals received to be considered without requiring all respondents to make
presentations to the Evaluation Committee. In Phase 1, the Evaluation Committee will consider
the qualifications of the firms based on the information provided in each firm's proposal to the
RFQ. During Phase 2, the best qualified firms will be short-listed by the City Manager to make
presentations to the Evaluation Committee and be further considered . The City Manager's award
recommendation will then be considered by the City Commission on September 26 , 2018.
The RFQ has been issued (copy attached). Please let me know if you have any questions or
:::~fil~ ~I fs
REQUEST FOR QUALIFICATIONS (RFQ)
MASTER DESIGN CONSULTANT FOR INTEGRATED WATER MANAGEMENT
201 8-3 1 2-KB
RFQ ISSUA~CE DATE: JULY 27, 2018
STATEMENTS OF QUALIFICATIONS DUE: SEPTEMBER 10, 2018@3:00 PM
ISSUED BY:
MIAMI
KRISTY BADA, CPPB
CONTRACTING OFFICER Ill
PROCUREMENT DEPARTMENT
1755 Meridian Avenue , 3rd Floor, M i ami Beach, FL 33139
305 .673 .7 490 I Kr istyBada@miam i b eachfl.gov I www.miamibeachfl .gov
RFQ 2018 -312 -KB
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TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NOT UTILIZED ........................................................................................................ N/A
0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS ............................ 3
0300 SUBMITTAL INSTRUCTIONS & FORMAT .................................................................. 13
0400 EVALUATION PROCESS ......................................................................................... 16
APPENDICES: PAGE
APPENDIX A RESPONSE CERTIFICATION , QUESTIONNAIRE AND AFFIDAVITS ....... 18
APPENDIX B "NO BID" FORM ......................................................................................... 25
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ..................................... 27
APPENDIX D SAMPLE CONTRACT ............................................................................... 31
APPENDIX F INSURANCE REQUIREMENTS .................................................................. 66
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SECTION 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the "City"), as
the means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of
Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of
services and requirements as noted herein. All documents released in connection with this solicitation, including all
appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation , and
are complementary to one another and together establish the complete terms, conaitions and obligations of the
Proposer and , subsequently , the successful proposer(s) (the "consultant[s]") if this RFQ results in an award.
The City utilizes PublicPurchase (www .publicpurchase.com ) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective
proposer who has received this RFQ by any means other than through-PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum
may result in disqualification of proposal submitted.
2. BACKGROUND & PURPOSE.
Beginning in September 1992, when the City established its stormwater ut~ty, the:.City of Miami Beach has been on
an incremental trajectory to further refine its long-term integrated sea-level rise mitigation and stormwater
management efforts.
In March 1997, CH2M Hill developed the City's first Comprehensive Stormwater Management Program Master
Plan, which prioritized the construction of stormwater drainage basins, providea hydrologic and water quality
calculations for priority basins, and set forth a five-year Capital Improvement Plan to improve various
neighborhoods throughout the City.
In February 2010 , the Ci authorized COM Smith . to ~repare a new comprehensive citywide Stormwater
Management Master Plan ttlat supersedea the 1997 version a d incorporated the City's then-new Geographic
Information Systems (GIS) system and environmental applications in an effort to meet water quality standards. The
City adopted the 2011 Stormwater Ma§ter Plan produced by COM Smith in November 2012. Further, in 2016 and
2017, the City amendea the 2011 plan to include recommendations from AECOM to define "future grade " and
"future crown of the road."
In 2Q16 the City of Miami Beach (along with t~e City of Miami and Miami Dade County) joined the 100 Resilient
Cities Networl<, Rioneered by the Rockefeller Foundation. This unique three party municipal partnership is in the
process of developing an overal~ Resilience Strategy for the region, Greater Miami & the Beaches
(resilient305 .com). Through 100 Re' funding and support in 2018 , the City sought the Urban Land lnstitute's
expertise and accepted t e group'S'recommendations as it relates to long-term integrated sea-level rise mitigation ,
and stormwater management.
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Firms interested in submitting a proposal should have documented successful experience in developing sea level
rise and stormwater mitigation strategies. Through this Request For Qualifications (RFQ), the City seeks to select a
firm to:
1) provide subject matter expertise to the City on multidisciplinary design approaches inclusive of civil engineering,
landscape architecture, urban plann ing, water quality, drinking water distribution systems, and wastewater
collection and conveyance systems;
2) take the existing engineering and modeling work completed to date by AECOM and City staff, and integrate
urban planning, aesthetics, placemaking and other sustainability and quality of life elelJlents so as to develop a
dyna mic long-term multi-disciplinary and integrated sea-level rise mitigation and stormwater management plan;
3) act in the capacity of Design Criteria Package (DCP) Professional ror futur design-build solicitations for
projects specifically referenced herein; and
4) act in the capacity of Owner's Representative on various projects as deemed appropriate by the City.
The integrated master plan should build upon the engineering worl< completed to date and evolve into a more multi-
disciplinary and integrated plan that optimizes co-benefits and includes Orban planning, aesthetics, placemaking
and other sustainability and qua lity of life elements important to the esidents of Miami Beach . The uBience for the
master plan is not only technical engineering city staff, but also elected officials, residents, business owners and
other city departments . It should not only lay out the plan moving forward, ut also to reasons and rat ionale for each
recommended project.
MBRisingabove .com provides a summary of the many climate change adaptation and mitigation efforts to date,
including the stormwater program .
THIS RFQ, AND ANY RESULTING CONTRACT, IS ISSUED AND GOVERNED BY SECTION 287.055, FLORIDA
STATUTES
3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows :
Solicitatiorr-lssued July-'27, 2018
Responses Due
Evaluation Committee Initial Review of Proposals
(No presentations will be held.)
Presenlations by1Short-listed Firms
(Short-listed firms required to present. No requests
for date extensions will be considered .)
Tentative Commission Approva l
RFQ 20 l 8 -312 -KB
August 13, 2018at10:00am
August 17, 2018 at5:00pm
August 27, 2018 at 3:00pm
September 4, 2018
September 14, 2018
September 26, 2018
4
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4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
The Bid title/number shall be referenced on all correspondence. All questions or retluests (or clarification must be
received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3.
All responses to questions/clarifications will be sent to all prospective Propos6rs in the form of an addendum.
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting ..
or site visit(s) may be scheduled.
A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFQ Timetable sectio above at the
following address:
City of Miami Beach
Procurement De~artment
Conference Room
1755 Meridian Avenue, 3rd F-:loor
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in th Pre-ProposaJ Submission Meeting via telephone must
follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 9415468
Proposers who are interested rn,.participating via telephone should send an e-mail to the contact person listed in this
RFQ expre ~sing their intent to participate via teleR one.
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or s'te visit(s). The City by means of Addenda will issue interpretations or written addenda
clarifications considered necessar:y by the City in response to questions. Only questions answered by written
addenda will be binding ane:t ay supersede terms noted in this solicitation. Addendum will be released through
Pub/icPurchase. Any prospective proposer who has received this RFQ by any means other than through
PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this
RFQ . Failure to receive an addendum may result in disqualification of proposal. Written questions should be
received no later than the date outlined in the Anticipated RFQ Timetable section.
7. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the
City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be
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subject to any and all sanctions, as prescribed therein, including rendering their response voidable , in the event of
such non-compliance. Communications regarding this solicitation are to be submitted in writ ing to the Procurement
Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http://www .miamibeachfl.gov/citv-hall/procurement/procurement-related-ordinance-and-procedures/
• CONE OF SILENCE ................................................................................................ CITY CODE SECTIQN 2-486
• PROTEST PROCEDURES ....................................................................................... CITY CODE SECTIO N'-2-371
• DEBARMENT PROCEEDINGS.................................................................................. CITY CODE SECTIONS 2-397 THROUGH 2-485.3
• LOBBYIST REGISTRAT ION AND DISCLOSURE OF FEES ............................................. CITY ,,CODE SECTIONS 2-481THROUGH2-406
• CAMPAIGN CONTRIBUTIONS BY VENDORS .............................................................. crr;v CODE SECTION 2-487
• CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES .................. Cl "J\Y CODE SECTION 2-488
• REQUIREMENT FOR CITY CONSULTANTS TO PROVIDE EQUAL BENEFITS FOR CIT'r'. CODE SECTION 2-373
DOMESTIC PARTNERS ........................................................................................ .
• LIVING WAGE REQUIREMENT... .............................................................................. CITY CODE SECTIONS 2-407 HROUGH 2-410
• PRE FERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY CITY CODE SECTION 2-374
VETERANS AND TO STATE-CERTIFIED SERVICE-DISABLED VETERAN BUSINES
ENTERPRISES .................................................................................................... .
• FALSE CLAIMS ORDINANCE................................................................................... Cp;Y CODE SECT ION 70 -300
• ACCEPTANCE OF GIFTS , FAVORS & CITY CODE SECTION 2-449
SERVICES ....................................................... ..
9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on tlie convicted vendor list following a
conviction for public entity cr imes may not submit a bid on a contract to provide any goods or services to a publ ic
entity , may not submit a bid on a contract with a puolic entity for t e construcyon or repair of a public bui lding or
public work, may not submit bids on leases of real property to p blic entity, may not be awarded or perform work as
a consultant, suppl ier, sub-consultant, or consultant unaer-a contract with a public entity, and may not transact
business with any public entiw in excess of the .threshold amount provi ed in Sec. 287.017, for CATEGORY TWO
for a period of 36 months from the date of being placed on tlie convicted vendor llst.
10. COMPLIANCE WITH THE Clrt'S LOBBYIST LAWS. T is RFQ is subject to, and all Proposers are expected
to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City
lobbyist laws are complied with, and slial l be subject tb any and all sanctions, as prescribed there in, including ,
without limitat ion, disqual ification of their respo )( in the event of such non-compliance.
11. DEBARMENT ORDINANCE: Ttf s RFQ is subject to , and all proposers are expected to be or become familiar
with , the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code.
12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS . This RFQ is subject to, and all Proposers are
expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487
through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of
the City's Campaign Finance Reform laws are complied with , and shall be subject to any and all sanctions , as
prescribed therein, including disqual ification of their responses, in the event of such non-compliance.
13. CODE OF BUSINESS ETHICS . Pursuant to City Resolution No .2000-23879, the Proposer shall adopt a Code
of Business Ethics ("Code") and submit that Code to the Procurement Department with its response or within five
(5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including , among others, the confl ict of interest, lobbying and ethics provision of
the City of Miami Beach and Miami Dade County .
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14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign
language interpreters (five (5) days in advance when possible), or information on access for persons with
disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7000,
Extension 2984 .
15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone
the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days
written notice of any such postponement to all prospective Proposers through PublicPurcfiase.
16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in
accordance with eh proceedings established pursuant to the City's bid pro est procedures, as codified in Sections
2-370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not time y made pursuant to the ~ .
requirements of the City's Bid Protest Ordinance shall be barred. ·
17. JOINT VENTURES. Joint Ventures are not allowed. Proposals shall be submitted only by the prime consultant.
Proposals may , however, identify other sub-consultants or"Sub-consultants to the prime Proposer w 6 may serve as
team members to the Prime Proposer.
18. VETERAN BUSINESS ENTERPRISES PR FERENCE. Pursuant to City, Code Section 2-374, the City shall
give a preference to a responsive and responsible ProQoser which is a small business concern owned and
controlled by a veteran(s) or which is a service-disabled veteran business ente prise, and which is within five
percent (5%) of the lowest responsive, responsible proposer, By providing such proposer an opportunity of
providing said goods or contractual services for the lowest responsive proposal amount (or in this RFQ, the highest
proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more
proposers which are a small siness concern owned and\controlled b a veteran(s) or a service-disabled veteran
business enterprise constitute the lowest proposal pursuant to an RFQ or oral or written request for quotation, and
such proposals are responsive, responsibl and otherwise equal ith respect to quality and service, then the award
shall be made to the service-disabled veteran business enterprise.
19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposals, will be considered D}/'the City ar:iager who may recommend to the City Commission the Proposer(s)
s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's
reco;f;mendatibn need not be consistent with the scoring results identified herein and takes into consideration
Miami Beach CitY Code Section 2-369, including the following considerations:
( 1) The ability, capacity and s ill of the Proposer to perform the contract.
(2) Whether the Proposer c n perform the contract within the time specified, without delay or interference.
(3) The character, in eg 'tY, reputation, judgment, experience and efficiency of the Proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract.
The City Commission shall consider the City Manager's recommendation and may approve such
recommendation . The City Commission may also, at its option, reject the City Manager's recommendation and
select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all
Proposals.
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20. NEGOTIATIONS . Following selection, the City reserves the right to enter into further negotiations with the
selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the
selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and
acknowledged by Proposers that no property , contract or legal rights of any kind shall be created at any time until
and unless an Agreement has been agreed to ; approved by the City; and executed by the parties .
21. POSTPONEMENT/CANCELLATION/ACCEPTANCE/REJECTION. The City may, at its sole and absolute
discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ ; postpone or cancel, at any
time , this RFQ process ; or waive any irregularities in this RFQ, or in any responses received as a result of this RFQ .
Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred
twenty (120) calendar days after proposal opening date. A proposer may witnaraw its proposal after expiration of
one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of
withdrawal to the Department of Procurement Management prior to awa d of the contract t5y the City Commission.
22. ~ROPOSER'S ~ESP~N~IBILITY. B~fore submitting _ a r~sponse,_ each Proposer shall be sote ~responsib_I~ for
making any and all mvest1gat1ons, evaluations , and exammat1on $'0as 1t deems necessary, to ascertain all conditions
and requirements affecting the full performance of the cont ract. Ignorance of such cond itions a d requirements ,
and/or failure to make such evaluations, investigations, and examinations, will not rel ieve the roposer from any
obligation to comply with every detail and with all provisions and requirements of the contract , and will not be
accepted as a basis for any subsequent claim whatsoever for any moneta[Y consideration on the part of the
Proposer.
23. COSTS INCURRED BY PROPOSERS. All expenses involved with t ~e preparation and submission of
Proposals, or any wo rk performed in connection therewith, shall be the sole responsibility (and shall be at the sole
cost and expense) of the Proposer, and shall not be reimoursed by the Ci!Y'·
24. ·RELATIONSHIP TO THE CITY. It is the intent of the Ci , and Proposers hereby acknowledge and agree, that
the successful Propos er is considered to be an independen consultant, and that neither the Proposer, nor the
Proposer's employees , agents , and/or consultants , shall, u der any circumstances, be considered employees or
agents of the City .
24. OCCUPATIONAL HEALTH ~AND SAFETY. In compliance with Chapter 442 , Florida Statutes , any toxic
substance listed in Section 38F-41 .03 of the Flor"oa Administrat ive Code delivered as a resu lt of this proposal must
be accompanied by a Material Safe t51 Data Sheet (MSDS) which may be obtained from the manufacturer.
25. ENVIRONMENTAL REGULATIONS . The City reserves the right to consider a proposer's history of citations
and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the
right to declare a proposer not responsible if the history of violations warrant such determination in the opinion. of
the City. Proposer shall sub it with its proposal, a complete history of all citations and/or violations , notices and
dispositions thereof. The non-submission of any such documentation sha ll be deemed to be an affirmation by the
Proposer that there are no citations or vio lations . Proposer sha ll notify the City immediately of notice of any citation
or violation which proposer may receive after the proposal opening date and during the time of performance of any
contract awarded to it.
26. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
27. MISTAKES. Proposers are expected to examine the terms, conditions , specifications, delivery schedules,
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proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will
be at the Proposer's risk and may result in the Proposal being non-responsive.
28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be
consistent with Purchase Order format.
29. COPYRIGHT, PATENTS & ROYAL TIES. Proposer shall indemnify and save harmless the City of Miami Beach,
Florida, and its officers, employees, consultants, and/or agents, from liability of any nature or kind, including cost
and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article
manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If
the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood
and agreed, without exception, that the proposal prices shall include all roya ties or cost arising from the use of such
design, device, or materials in any way involved in the work.
30. DEFAULT. Failure or refusal of the selected Proposer to execute a contract following approval of uch contract
by the City Commission, or untimely withdrawal of a respohse before such award is made and approved, may result
in a claim for damages by the City and may be grounds for removing ttie PrdPose from the City's vendor list.
31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall oe Rrovided by employees that are educated,
trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer
agrees to furnish to the City any an all documentation, certification , authbrization, license, permit, or registration
currently required by applicable laws, rules,, and regulations. Proposer further certifies that it and its employees will
keep all licenses, permits, registrations, aut~orizations, or certifications required by applicable laws or regulations in
full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall
constitute a material breach of this contract.
Where consultant is requirect to enter or ge on to City of Miami Beach property to deliver materials or perform work
or services as a result of any contract resulting from this solicitation, the consultant will assume the full duty,
obligation nd expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies
with all applicable laws . The consult~nt shall be liable for any damages or loss to the City occasioned by negligence
of the Proposer, or its officers, employees, consultants, and/or agents, for failure to comply with applicable laws.
32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence!
33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance
with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit
discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, marital and familial status, and age or disability.
34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial,
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technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an
award that is in the best interest of the City, including:
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation .
C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity , equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construecl to mean a fully equipped and
well established company in line with the best business practices in the industr:y, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience), in making an award that is in the best interest
of the City .
F. The City may require Proposer s to show proof that they have been designa ed as author ized
representatives of a manufacturer or supplier, wh ich is t e actual source of supply. In these ins ances, the City
may also require material information from the source of s4pply regarding the quality1 packaging , and
characteristics of the products to be supply to the City.
35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the
contract , including any or all of its right, title or interest therein, or his/her or its powe ~ to execute such contract, to
any person, company or corporation, without the prio r written consent of the City .
36. LAWS, PERMITS AND REGULATIONS. The P oposer shall obtain and pay for all licenses, permits, and
inspection fees required to comRlete tffe work and shall comply with all applit able laws.
37. OPTIONAL CONTRAC USAGE. Whe the successful Rroposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant t tlie award of this contract at the option of the unit of
government or non-profit agency.
38. VOLUME OF WORK T BE RECEI ED BY CONSULTANT. It is the intent of the City to purchase the goods
and servic s specifically listed in this solicitation from the consultant. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
thro ug h the City's spot market purcha se provisions.
39. DISPUTES. In t e event of a conflict between the documents, the order of priority of the documents shall be as
follows :
A. Any contract or agreemen resulting from the award of this sol icitation; then
B. Addendum issued for. thls solicitation, with the latest Addendum taking precedence; then
C. The solicitation ; then
D. The Propose r's proposal in response to the so licitation .
40. INDEMNIFICATION. The Proposer shall indemnify and ho ld harmless the City and its officers, employees ,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense , which the City or its officers , employees , agents or instrumentalities may incur as a result of claims,
demands , suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from
the performance of the agreement by the consultant or its employees , agents , servants, partners, principals or
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subconsultants. The consultant shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including
appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The
Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise
provided by the consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend
the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification
provisions shall survive the expiration or termination of this Agreement.
41. CONTRACT EXTENSION. The City reserves the right to require the Consultant to extend contract past the
stated termination date for a period of up to 120 days in the event that a subs~~ent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by me Cify-and as mutually agreed upon
by the City and the consultant.
42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, ar exempt from public records requirements under
Section 119.07(1), Florida Statutes, ands. 24(a), Art. 1 of the State Constitution until such time as tlie City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whiC!!Jever is earlier.
Additionally, Consultant agrees to be in full compliance with Florida Statut /119.0701 including, 6ut not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) proviae-the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed excep t,,as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the1public agency all public records in
possession of the consultant upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from RUblic records disclosure req6frements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency. '
43. OBSERVANCE OF LAWS. Proposers are expected to oe familiar with, and comply with, all Federal, State,
County, and City-laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals
having juri~diction or authority which, in any manner, may affect the scope of services and/or project contemplated
by this RFQ (including, without limitation, the Am f ricans with Disabilities Act, Title VII of the Civil Rights Act, the
" EEOC Unifor Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the
Proposer will in no way relieve it from responsibility for compliance.
44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director,
agent, or immediate family emb'er (spouse, parent, sibling, and child) who is also an employee of the City of
Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or
indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates.
45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
RFQ 2018-312-KB 1 l
MIAMI BEACH
47. EXCEPTIONS TO RFQ . Proposers must clearly indicate any exceptions they wish to take to any of the
terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives
shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute
discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and
alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or
condition of the RFQ to which Proposer took exception to (as said term and/or condition was originally set
forth on the RFQ).
48. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything
of monetary value to any official, employee, or agent of the City, for the puf'Rose of influencing consideration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee bf the City shall accept any gift, favor or
service that might reasonably tend improperly to influence him in the dfscharg_,e of his official duties.
49. SUPPLEMENTAL INFORMATION. City reserves the right t request supplemental information from Proposers
at any time during the RFQ solicitation process.
50. ADDITIONAL ITEMS I SERVICES. Although this solicitation an resultant contract identifies specific goods,
services or facilities ("items"), it is hereby agreed and understood that ttie City may require additional items to be
added to the Contract which are ancillary or supplemental to the items specified herein and required to complete
the work. When additional items are required to be ad ed to the Contract, awarded vendor(s), as applicable to the
item being requested, under this contract may be invited to s bmit price quote(s) for the additional items. If these
quote(s) are determined to be fair and reasonable, the the additional items will be awarded to the current contract
vendor(s) through either a Purchase Order (or Change Order it-Purchase Order already exists) or an amendment to
?' the Contract. Additional items witli a cumulative value of ~50,000 or less may be approved by the City Manager.
City Commission approval is required for additional items with a cumulati (e value greater than $50,000.
The City may determine to obtain price quotes for the additional items from other vendors in the event that
fair and reasonable pricing is not obtained from ttle current contract vendors, or for other reasons at the
City's discretion.
Balance of Page Intentionally Left Blank
!
RFQ 2018-312 -KB 12
MIAMI BEACH
SECTION 0300 SUBMIITAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted
in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals.
Additionally, ten (10) bound copies and one (1) electronic format (CD or USS format) are to be submitted. The
following information should be clearly marked on the face of the envelope or container in which the proposal is
submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of
Qualifications received electronically, either through email or facsimile, are not acceptable and will be rejected.
2. LATE BIDS. Statement of Qualifications are to be received on or before the due date established herein for the
receipt of Bids. Any Bid received after the deadline established for receipt o(Statement of Qualifications will
be considered late and not be accepted or will be returned to proposer unopened. The City does not accept
responsibility for any delays, natural or otherwise. (
3. STATEMENTS OF QUALIFICATIONS FORMAT. In order to maintain comparability, facilitate the review process
and assist the Evaluation Committee in review of Statement o( Qualifications, it is strongly recommended that
Statement of Qualifications be organized and tabbed in accordance with tlie sections and manner specified below.
Hard copy submittal should be tabbed as enumerated below and contain a table of contents with age references.
Electronic copies should also be tabbed and contain a table of content5'w~ page references.
TAB 1 Cover Letter & Minimum Qualifications Re uirements
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation .
1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
TAB 2 • erience & Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant
experience and proven track record of providing the scope lof services similar as identified in this solicitation,
including:
2.1.1 Li~ensure. Submit documentation that the State of Florida, Division of Business and Professional
Regul9tions, has certified tli firm to provide en ineering services in the State.
2. t.2 Similar Project Experience. Submit verifiable evidence of the prime proposer's past experience in the ,,.-
developm nt of concept plans for long-term integrated sea-level rise mitigation and stormwater management
plans. Specifically, submit evide ce of the prime proposer's experience with the stated goals for this RFQ,
including:
1) provide subject matter expertise to the City on multidisciplinary design approaches inclusive of civil
engineering, landsc~pe architecture, urban planning, water quality, drinking water distribution systems,
and wastewater collection and conveyance systems;
2) develop a dynamic long-term integrated sea-level rise mitigation and stormwater management plan;
3) act in the capacity of Design Criteria Package (DCP) Professional for future design-build solicitations;
and
4) act in the capacity of Owner's Representative on various projects as deemed appropriate by the City.
For each project submitted as proof of experience, submit: 1) project name, 2) project description, 3) start and
completion dates, 4) project contact information (phone and email), 5) volume of contract, 6) prime proposer's
role in ro ·ect.
RFQ 201 8-312-KB 13
MIAMI BEACH
2.1.2 Experience with Best & Emerging Practices. Submit verifiable evidence of the prime proposer's
experience with best and emerging practices relating to sea level rise and water management practices.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all the prime proposer's personnel, each
team members' qualifications and the role that each team member will play in providing the services detailed
herein . A resume of each individual, including education, licensure, relevant experience, and any other pertinent
information, shall be included for each respondent team member to be assigned to this contract. Include specific
information regarding each team member's experience with global institution's dedicatea to sea level rise and water
management practices, including (but not limited to): the Harvard University Offic9'-for Urbanization; the Urban Land
Institute; 100 Resilient Cities; and the SE Florida Climate Change Compact.
2.2.1. Project/Account Manager. Submit the name of the project/account manager that shall be the primary
representative for the City. Include a resume of the projectlaccou t manager, including education, licensure,
~
relevant experience, and any other pertinent information. Include specific information regarding the
project/account manager's experience with global institufion's dedicated to sea level rise and water
management practices, including (but not limited to): the Harvard University Office for Urbanization~ the Urban
Land Institute; 100 Resilient Cities; and the SE Florida Climate C ange ComRact.
2.3 Minority/Women-owned Business Enterprise (MWBE) or Small/Disadvantaged Business Enterprise
(S/DBE). Submit certification from either The Stale of Florida Office of Supplie Diversity or Miami Dade County for
those MWBE or S/DBE firms to be used on the pro·ect.
TAB3 " roach and Methodolo
3.1 Submit detailed information on the approach and methodology that the rime proposer has utilized on previous
engagements to accomplish a si ilar scope of work, including detailed in ormation, which addresses: sea level rise
mitigation ; stormwater mitigation; building esiliency; innovative practices; best practices; long term value; future-
proofing of work; and stakeholder engagement.
3.2 Submit detailed information on Progoser's approach to creating a methodology or matrix for sea level rise and
stormwater miti ation strate ies that documents its understandin of the complex tasks bein contemplated.
4. FINANCIAL CAPACITY. Wittii three (3) business days of request by the City, Each Proposer shall arrange for
Dun & Braastreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named
herein. No proposal will be considered witho~ut receipt, by the City, of the SOR directly from Dun & Bradstreet. The
cost of the preparation of the SOR sHall be the responsibility of the Proposer. The Proposer shall request the SOR
report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. It is highly
recommended that each l?roposer review the information contained in its SQR for accuracy prior to
submittal to the City and, as early as possible in the solicitation process. For assistance with any portion of
the SQR submittal process, contact Dun & Bradstreet at 800-424-2495.
RFQ 2018-312 -KB 14
MIAMI BEACH
5. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City or the Evaluation
Committee reserves the right to require additional information from Proposers (or Proposer team members or sub-
consultants) to determine: qualifications (including , but not limited to, litigation history, regulatory action, or
additional references); and financial capability (including, but not limited to, annual reviewed/audited financial
statements with the auditors notes for each of their last two complete fiscal years).
The City reserves the right to request any documentation omitted, with exception of Proposal Certification,
Questionnaire & Requirements Affidavit (Appendix A). Bidder must submit an omitted documentation within
three (3) business days upon request from the City, or the bid may be deemed noh'-responsive. Non-respons ive bid
packages will receive no further consideration.
RFQ 2018-312 -KB 15
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SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION
1. Evaluation Committee Initial Review of Proposals. An Evaluation Committee, appointed by the City Manager,
shall meet to evaluate and rank each responsive Statement of Qualifications received in accordance with the
criteria set forth in Sub-section 4 below. No interviews or presentations by the respondents to the RFQ will occur
during the Evaluation Committee's Initial Review of Proposals. The Evaluation Committee's scores and rankings
are only advisory to the City Manager, who will utilize the results to take one of the following actions:
a. Short-list one (1) or more firms for further consideration; or
b. Recommend to the City Commission that one (1) or more firms be awarded; or
c. Recommend to the City Commission that all firms, if more than one (1) responsive submittal is received,
be rejected.
4. Evaluation Criteria. The first step will consist of the ~ualitative criteria listed,below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the ,.,,.
Evaluation Committee results by the Procurement Department.
Veterans Preference
Prime Proposer Volume of Work (0-5 Points). Points awarded
to the proposer for volume of work awarded by the City in the
last three (3) years in accordance with the following table · ~ ~·v
Less~than ,$250,000 5 5
$250,QOd.01 -$2,000,000 3
Greater than $2,000,000 0
TOTAL AVAILABLE STEP 2 POINTS 10
RFQ 2018-312-KB 16
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5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management.
Step 1 and 2 scores will be converted to rankings in accordance with the example below:
Proposer Proposer Proposer
A B C
Ste 1 Points 80
Committee Ste 2 Points 12
Member 1 Total 92
Rank 2
Ste 1 Points 72
Committee Ste 2 Points 12
Member2 Total 84
Rank 3
Ste 1 Points 66
Committee Ste 2 Points 12
Member2 78
3
* Final Ranking is presented to the qty Manager for further due diligence and
recommendation to the City Commission. Fina Rankipg aoes not constitute
an award recommendation until such time as the CitfManager has made his
recommendation to the City Commission, which may be different than final
ranking results.
RFQ 2018-312-KB 17
APPENDIX A
MIAMI
2018-312-KB
Master Desig;Jn Consultant for Integrated
RFQ 2018-312-KB
Water Management
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
18
MIAMI BEACH
Solicitation No : Solicitation Title:
2018-312-KB MASTER DESIGN CONSULTANT FOR INTEGRATED WATER MANAGEMENT
Procurement Contact: Tel: I Procurement Contact:
Kristy Sada 305-673-7490 Kristy Bada
STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from
Proposals in order that certain portions of responsiveness, responsibility an other determining factors and
compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire
and Requirements Affidavit Form is a REQUIRED FORM that must oe sut>mitted fully completed and
executed.
1. General Proposer Information.
FIRM NAME :
NO. OF YEARS IN BUSINESS :
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY :
STATE: '/
TELEPHONE NO .:
TOLL FREE NO.:
FAX NO .:
FIRM LOCAL ADDRESS:
CITY :
STATE :
The City reserves the right to seek additional information from proposer or other source(s), including but not limited to : any firm or principal
information, applicable licensu!ft , resumes of relevant individuals, client information, financial information, or any information the City
deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements.
RFQ 2018-312-KB 19
MIAMI BEACH
1. Veteran Owned Business. Is Proposer claiming a veteran owned business status?
c=i YES c=i NO
SUBMITIAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that
firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United
States federal government, as required pursuant to ordinance 2011-3748.
2. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate
family member (spouse, parent, sibling , and child) who is also an employee of the City of Miami Beach . Further, all Proposers
must disclose the name of any City employee who owns, either directly or indirectly, an interest-of ten (10%) percent or more in
the Proposer entity or any of its affiliates.
SUBMITIAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach . Proposers must also disclose the name
of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or m re in the Proposer entity or any
of its affiliates
3. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed
work similar in size and nature as the work referenced in solicitatio.:.. 1
4.
5.
SUBMITIAL REQUIREMENT: For each reference submitted, the following info matiol) is required : 1) Firm Name , 2) Contact
Individua l Name & Title, 3) Address, 4) Telephone , 5) Contact's Email and 6) Narrative on Scope of Services Provided .
Suspension, Debarment or Contract Cancella ion. Has Proposer ever been debarred, suspended or other legal violation, or
had a contract cancelled due to non-performance by a~public sector agency?
c=i YES CTI -NO
SUBMITIAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s). z
Vendor Campaign ContJibutions. Propqsers are expected to be or become familiar with, the City 's Campaign Finance Reform
laws , as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisi,0ns of tile City's Campaign Finance Reform laws are complied with , and shall be subject to any and all
sanctions, as prescribed therein, including disqualification of their 8foposals, in the event of such non-compliance .
SUBMITIAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financiyl interest as deftned in solicitation. For each individGal or entity with a controlling financial interest indicate whether or not
eactrindividual or entity has contributed to tbe campaign either directly or indirectly , of a candidate who has been elected to the
offite of Mayor or City Commissioner for the City of Miami Beach.
6. Code of Business Ethics. Pursuant to City/Resolution No.2000-23879 , each person or entity that seeks to do business with the
City shall aaoet a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with
its proposal/res ~nse or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to
comply with all applicable governmental rules and regulations includ ing, among others , the conflict of interest, lobbying and
ethics provision of the City of Miami Beach and Miami Dade County.
SUBMITIAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating that it will adopt , as required in the ordinance, the City of Miami Beach Code
of Ethics , available at http ://www .miam ibeachfl.gov/citv-hall /procurement/
RFQ 2018 -312 -KB 20
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7. bi'ling Wage. P1:1m1ant to Seetion 2 4Q!l of the City of Miami Beael:l Cose, as same may tie amenses from time te tir:ne , oo~res
emf)loyees shall tie f)ais the refll:lires living wage rates listes tlelow :
1. EffeGtive Jan1:1ary 1, 2Q1!l , eoveres employees m1:1st tie pais a living wage rate of no less than $11.02 per l:lo1:1r with
health eare tlenefits of at least $2.20 per l:lo1:1r, or a living wage rate of no less than $1 a.!l!l per ho1:1r witho1:1t health eare
tleAefits,.
2. Effeeti~ Jan1:1ary 1, 2Q19, eoveres emf)loyees m1:1st tie pais a li>1ing wage rate of no less than $11 .7Q f)er l:lo1:1r with
health eare tlenefits of at least $2.74 per l:lo1:1r , or a living wage rate of no less than $14.44 per hour witho1:1t health eare
tleAefits,.
3. Effeetive Jan1:1ary 1, 2Q2Q, soveres employees m1:1st tie pais a li•1ing wage rate of no less than $11.78 per ho1:1r with
health eare tlenefits of at least $3.22 f)er ho1:1r, or a living wage rate of no less than$15.QQ per ho1:1r witho1:1t health eare
The living =te ans health eare tlenefits rate may, tly Resol1:1tion of the City Com,ission tie insexes ann1:1ally for inflation
using the Cons1:1mer Priee lnsex for all Urtlan Consumers (CPI U) Miami/i;:t. ba1:1serdale; issues tly tl:le U.S. Oepartment of
baller's B1:1reau of baller Statisties . Notwithstansing the preeesing, no ann1:1al if,li3ex shall exeees three pereent (3%). The City
may also , tly resolution , eleet not to insex the living wage rate in any partie1:1lar year, if it setermines it wouls not tie fiseally sound
to implement same (in a f)artie1:1lar yea0.
Prof)osers' fail1:1re to eomply with this provision shall tie deemes a material tlreaeh unser this proposal, ~ser whieh the City may ,
at its sole option, immesiately seem sais Proposer as non responsive, ans may further sutljeGt Proposer to assitional penalties
ans fines , as provises in the City's Living Wage OrElinanee , as-amendes. i;:urther·information on the Living W~ Fefll:lirement is
a¥ailatlle at l:llta://>.w.w .miamitleaehfl .gov /sitv hall /arosurem EfA l!arosurement related orElinanee ans aroeesures (
SIJSMITTAb REQUIREMENT: No adsitional sutlmiltal is refluires. By ~ue {f exeeuting this affisavii'soeur:nent, Proposer
agrees to the living wage refluirement. Any Rayroll refluest r:nase tly the City suFing the eontraGt term shall tie eompleted
eleGtronieally via the City's eleGtronie eomplianee portal, bCP Trasker (bCPTraeker.net).
8. Equal Benefits for Employees with Spouses and mployees with Domestic artners. When awarding competitively
solicited contracts valued at over $100,000 whose consultants'1Tiaintain 51 or more full t~e employees on their payrolls during
20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance'2005-3494 requires certain consultants
doing business with the City of Miami Beach, who are awarded ~contract p rsuant (o competitive proposals , to provide "Equal
Benefits" to their employees with domestic partners, as they provide to employe fs with spouses. The Ordinance applies to all
employees of a Consultant who work within the City limits <(the City of Miaj)li Beach, Florida; and the Consultant's employees
located in the United State( but outside of the City of Miami Beach limits, who are directly performing work on the contract within
the City of Miami Beach.
A Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? p YES 17J'NO
B. Does your com12any provide or offer access to any en'eAfs'To' employees with (same or opposite sex) domestic partners* or
to domestic partner of employee~
~YES CJ NO
C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already
specified . Note : some benefits are providecHo employees because they have a spouse or domestic partner, such as bereavement
leave ; other benefits are provided directl{to the spouse or domestic partner, such as medical insurance.
\ ~ ..,;
' BENEFIT Firm Provides for Firm Provides for Firm does not
ii Employees with Employees with Provide Benefit
' Spouses Domestic Partners
Health /
Sick Leay,e~
Family Medical Leave
Bereavement Leave
If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance . To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation . Your Reasonable Measures Application will be reviewed for consideration by the
City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the
Equal Benefits requirement is available at http ://www .miamibeachfl.gov/citv -ha ll/procurement/orocurement-re lated-ordinance-
and-procedu res/
RFQ 2018-312-KB 21
MIAMI BEACH
9. Public Entity Crimes. Section 287 .1 33(2)(a), Florida Statutes , as current ly enacted or as amended from time to time , states that
a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not
subm it a proposal , proposal, or reply on a contract to provide any goods or services to a public entity ; may not submit a proposal,
proposal , or reply on a contract with a public entity for the construction or repair of a publ ic building or public work; may not
submit proposals , proposals , or replies on leases of real property to a public entity; may not be awarded or perform work as a
consultant , supplier, subconsultant, or consultant under a contract with any public entity; and may not transact business with any
pub li c entity in excess of the threshold amount provided ins. 287 .017 for CATEGORY TWO for a period of 36 months following
the date of being placed on the convicted vendor list.
SUBMIITAL REQUIREMENT: No additional submittal is requ ired. By virtue of executing this affidavit document, Proposer
agrees with the requirements of Section 287 .133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
10. Non-Discrimination. Pursuant to City Ordinance No .2016-3990 , the City shall not enter into a contract with a business unless
the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code,
including the blacklisting , divest ing from, or otherwise refusing to deal with a person or entity wtien such action is based on race ,
color , national origin , religion , sex, intersexuality, gender identity, sexual onentation, marital or famiiial status , age or disability.
SUBMIITAL REQUIREMENT : No additional submittal is required . By virtue of executing this affidavit document , Proposer
agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.
11. Moratorium on Travel to and the Purchase of Goods or Services from North Carol ina and Mississippi. Pursuant to
Resolution 2016-29375 , the City of Miami Beach , Florida , prohibits official City travel to the states of North Carolina and
Mississippi , as well as the purchase of goods or services sourced in North Caro lina and Mississippi. Proposer shall agree that
no travel shall occur on behalf of the City to North Carolina or Mississ ippi, nor shall any product or services it provides to the City
be sourced from these states .
SUBMIITAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer
agrees it is and shall remain in full compliance with Resolution 2016-29375 .
12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code , the City shall not enter into any contract resulting from a
competitive sol icitation , unless the proposer certifies in writing that the business has adopted and employs written policies,
practices , and standards that are consistent with the City's Fair Chance Ordinance , set forth in Article V of Chapter 62 of the City
Code ("Fair Chance Ordinance"), and wh ich , among other things , (i) prohibits City consultants, as an employer, from inquiring
about an applicant's criminal history until. the applicant is given a conditional offer of employment; (ii) prohibits advert ising of
employment positions with a statement that an individual with a criminal record may not apply for the position , and (iii) prohibits
placing a statement on an employment application that a person with a crim inal record may not app ly for the position .
SUBMIITAL REQUIREMENT: No a ditional submittal is required at this time. By virtue of executing this affidavit, Proposer
certifies that it has adopted' policies , practices and standards cons istent with the City 's Fair Chance Ordinance . Proposer agrees
to prov ide the City with supporting documentatio 9 evidencing its compliance upon request. Proposer further agrees that any
breach of the representations made herein shall constitute a material breach of contract , and shall entitle the City to the
immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity.
13 . Acknowledgement of Addendum . After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements . The City will strive to reach every
Proposer having received solicitation through the City 's e-procurement system, PublicPurchase.com. However, Proposers are
so lely responsible for assuring they have rece ived any and all addendum issued pursuant to solicitation . This Acknowledgement
of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation.
Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. ,,,
Initial to Confirm Initia l to Confirm Initia l to Confirm
Receipt Receipt Receipt
Addendum 1 Addendum6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additi onal confirmation of addendum is required, submit unde r separate cover.
RFQ 2018-312 -KB 22
MIAMI BEACH
DISCLOSURE AND DISCLAIMER SECTION
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience .
Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation , or in making any award , or in
failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling
this solicitation , either before or after issuance of an award, shall be without any liability or obligation on the part of the City.
In its sole discretion , the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject
Statement of Qualifications, and may accept Statement of Qualifications which deviates from the solicitation , as it deems appropriate and
in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting
Statement of Qualifications in response to this solicitation .
Following submission of Statement of Qualifications, the applicant agrees to deliver such furthe details, information and assurances,
including financial and disclosure data , relating to the Statement of Qualifications and the applicant including, without limitation , the
applicant's affiliates, officers, directors , shareholders, partners and employees , as requested by the City in its discretion .
The information contained herein is provided solely for the convenience of prospective Pr{posals . It is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete . The City does not provide any assurances as to the accuracy of
any information in this solicitation .
Any reliance on these contents, or on any permitted communications with, City officials , shall be at the recipient's own risk. Proposals
should rely exclusively on their own investigations, interpretations , and analyses. The solicitation is being provided by ttie City without any
warranty or representation, express or implied, as to its content, its accuracy, or its completeness . No warranty or representation is made
by the City or its agents that any Statement of Qualifications conforming to ttiese requirements will be selected for consideration ,
negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation , the selection ana the award process, or whether any award will
be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is
totally relying on this Disclosure and Disclaimer, and agrees to be bound--by the terms hereof. Any Statement of Qualifications submitted to
the City pursuant to this solicitation are submitted at the sole risk ana responsibility of th~ party submitting such Statement of
Qualifications.
This solicitation is made subject to correction of errors, omiss ions , or withdrawal from the market without notice. Information is for guidance
only , and does not constitute all or any Qart of an-agreement.
The City and all Proposals will be bound only as , if and when a Statement of Qualifications , as same may be modified , and the applicable
definitive agreements pertaining_ thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation maybe accepted or rejected by the City for any reason , or for no
reason , without any resultant liability to the City. "
The City is governea by tne Government-in-the-Sunshine Law, an<i all Statement of Qualifications and supporting documents shall be
subject to disclosure as required B y such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain
confidential t the extent permitted 5y Florida Statutes , until the date and time selected for opening the responses. At that time , all
documents received by the City shall become public records .
Proposals are expected to make all disclosures and declarations as requested in this solicitatio n. By submission of a Statement of
Qualifications , the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate
to substantiate or supp'tement information contained in the Statement of Qualifications , and authorizes the release to the City of any and all
information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qua lifications
is true, accurate and complete, to the bestof its knowledge, information, and belief.
Notwithstanding the foregoing or anytefng contained in the solicitation, all Proposals agree that in the event of a final unappealable
judgment by a court of competent jurisdiction wh ich imposes on the City any liability arising out of th is solicitation , or any response thereto,
or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated
damages . The previous sentence , however , shall not be construed to circumvent any of the other provisions of this Disclosure and
Disclaimer which imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the sol icitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern . The solicitation and any disputes ari sing from the solicitation shall be
governed by and construed in acco rdance with the laws of the State of Florida.
RFQ 20 18-312 -KB 23
MIAMI BEACH
PROPOSER CERTIFICATION
I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and
the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions
contained in the solicitation, and any released Addenda and understand that the following are requirements of this
solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,
or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal;
proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida
Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the
Statement of Qualifications Certification, Questionnaire and Re uirements Affidavit are true and accurate.
Name of Proposer 's Authorized Representative:
Signature of Proposer 's Authorized Representative : Date:
State of FLORIDA On this _day of , 20_, personally
appeared before me who
County of ) stated that (s)he is the ____ _
of , a corporation, and that the instrument was signed in behalf of the
said corporation by authority of its board of directors and acknowledged said instrument
to be its voluntary act and deed. Before me:
Notary Public for the State of Florida
My Commission Expires: ______ _
RFQ 2018-312 -KB 24
APPENDIX B
MIAMIB
Master Design Const:1 ltant for Integrated
Water Management
RFQ 2018 -3 12-KB
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
25
MIAMI BEACH
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT THIS TIME FOR
REASON(S) CHECKED AND/OR INDICATED BELOW:
_Workload does not allow us to proposal
_Insufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this product/service
_OTHER. (Please specify)
We do_ do not_ want to be retained on your mailing list for future proposals of this type
product and/or service.
Note: Failure to respond, either by submitting a proposal or this completed form, may result in
your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
PROCUREMENT DEPARTMENT
ATTN: KRISTY BADA
STATEMENTS OF QUALIFICATIONS #2018-312-KB
1755 MERIDIAN AVENUE, 3r<1 FLOOR
MIAMI BEACH, FL 33139
RFQ 2018-312-KB 26
APPENDIX C
Master Design Consultant for Integrated
RFQ 2018 -312-KB
Wcater Management
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
27
MIAMI BEACH
C1. Minimum Eligibility Requirements. No minimum eligibility requirement has been established for responding.
However, the swccessful firm/team shall hold or obtain a "Certificate of Authorization" by the State of Florida, Division
of Business and Professional Regulations, or any other required licensure, as applicable, within 30 days of award .
C2. Scope of Required Work. Firms interested in submitting a proposal should have documented successful
experience in developing sea level rise and stormwater mitigation strategies. The areas of work for which the City
may issue task orders pursuant to any contract resulting from this RFQ, include:
1. The Consultant may be tasked with providing subject matter expertise to the City of Miami Beach on a
multidisciplinary design-approach inclusive of civil engineering, landscape architecture, urban planning ,
water quality, drinking water distribution systems, and wastewater collection and conveyance systems,
repurposing open spaces and golf courses, as well as developing a matrix to determine what areas of
the City need to be improved, and the sequence that should be followed .
2. The Consultant will be tasked with take the existing engineering and modeling work completed to date
by AECOM and City staff, and integrate urban planning, aesthetics, placemaking and other sustainability
and quality of life elements so as to develop a dyna mic long-term multi-disciplinary and integrated sea-
level rise mitigation and stormwater management plan that is to include a review of the City's current
road elevation rising policy and recommend any changes deemed appropriate.
3. The Consultant may be tasked with developing the Design Criteria Package (DCP) for individual Design-
Build procured projects or providing design services for construction documents required for Design-Bid-
Build projects for any project within the following neighborhoods.
Allison Island North Middle North Bay South Pointe
Atlantic Heights Nautilus Star Island
.-Bay Shore ~lamingo Park Sunset Island No. 1
Belle Island Indian Creek Parkway Sunset Island No. 2
Biscayne Beach La Goree Island Sunset Harbor
Biscayne Point Orchard Park Town Center
Central Bayshore Normandy Isle & Shores Venetian Islands
Central Bayshore South North Shore West Avenue and Bay Road
City Center Palm Island
Collins Park Palm View
Hibiscus Island Park View Island
4. The Consultant may be tasked with providing owner's representative services for any project.
C3. Special Conditions.
1. Negotiations. Upon approval of selection by the City Commission , negotiations between the City and the
selected Proposer (s) will take place to arrive at a mutually acceptable Agreement , including final scope of
services , deliverables and cost of services .
2. Term of Agreement. The City intends to award a three (3) yea r contract , with two (2) optional one (1) year
renewa l periods . Exercising the renewal periods sh all be at the City Man ager's discretion .
'RFQ 2018-312 -KB 28
MIAMI BEACH
3. Task Orders. Prior to the commencement of any work, a Task Order must be issued by the City for the
specific task or project. Task Orders valued up to $250,000 may be approved by the City Manager. Task
Orders exceeding $250,000 must be approved by the City Commission.
4. Fees. The City shall negotiate fees with the selected proposer. The Cost of each task order shall be based
on the negotiated fee structure or on a lump sum basis, as approved by the City Manager.
5. Cost Escalation. The initial contract prices resultant from this solicitation shall prevail for three (3) year
period from the contract's initial effective date. Prior to completion of each exercised contract term, the City
will consider adjustment to the contract rates. Requests for increases that exceed the applicable Consumer
Price Index (CPI) or 3% shall not be considered.
(
It is the vendor's responsibility to request any pricing adjustmen und ~r this provision . For any adjustment to
commence on the first day of any exercised option period r the vendor's request for adjustment should be
submitted 90 days prior to expiration of the then current contract term. The vendor adjustment request must
clearly substantiate the requested increase. If no adjustment request is received from the ve , dor, the City
will assume that the vendor has agreed that the optional te may ~exercised without p ·cmg adjustment.
Any adjustment request received after the commencement of a new optio period may not be considered.
!(
Continuation of the contract beyond the ·nitLal period, and any option subsequently exercised, is a City
prerogative, and not a right of the bidder. This""prerogative will be exer~ised o,11ly when such continuation is
clearly in the best interest of the City . 7
r"
Should the vendor decline the City's right to exercise,.,the option perioa, the City will cons ider the vendor in
default which decision shall affect that vendor 's eligJbility for future cbntracts.
6. Indemnification. Pro'lider shall indemnify and hold harmless the City and its office rs, emp loyees, agents
and instrumentalities from any and all liab ility , losses or damages, including attorneys ' fees and costs of
defense, which the City or its _p fficers, employees, ag7n s or instrumentalities may incur as a resu lt of claims ,
demands , suits , causes of acti dhs or proceedings of any kind or nature arising out of, relating to or resulting
from the performanc of this Ag reement by tlie Provider or its emp loyees, agents, servants , partners
prin cipals or subcontractors. Provicfe r shall pay all claims and losses in connection therewith and shall inv~stigate and defend all claims, suits or actions of any kind or nature in the name of the City , where
applicable, including appellate proceedings, and shall pay all costs , judgments, and attorney's fees which ...,,
may issue thereon . Provider expressly understands and agrees that any insurance protection required by
this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify , keep
and save harmless and defend the City or its officers , employees, agents and instrumentalities as herein
provided . r
7. Competitive Specifications. It is the goal of the City to maximize competition for the project among
suppliers & contractors. Consultant shall endeavor to prepare all documents, plans & specifications that are in
accordance with this goal. Under no cond ition shall Consultant include means & methods or product
specifications that are considered "sole source" or restricted without prior written approval of the City.
RFQ 2018-312 -KB 29
MIAMI BEACH
8. Additional Terms Or Conditions. This RFQ, including the attached Sample Contract, contains all the terms and
conditions applicable to any service being provided to the City resulting from award of contract. By virtue of
submitting a proposal, consultant agrees not to requ ire additional terms and conditions at the time services are
requested , either through a separate agreement, work order, letter of engagement or purchase order.
9. Change Of Project Manager. A change in the Consultant's project manager (as well as any replacement) shall
be subject to the prior written approval of the City Manager or his designee {who in this case shall be an
Assistant City Manager). Replacement (includ ing reassignment) of an approved Rroject manager or public
informat ion officer shall not be made without submitting a resume for the repl acement staff person and receiving
prior written approval of the City Manager or his designee (i.e. the City project manager).
10 . Sub-Consultants. The Consultant shall not retain, add, or repl ce any sub-consultant without the prior written
approval of the City Manager, in response to a written request from the Consultant stating the reasons for any
proposed substitution. Any approval of a sub-consultant by the Ci y Manager shall no in any way shift the
responsibility for the quality and acceptability by the City of~e services performed by the sub-consultant from the
Consultant to the City . The quality of services and acceptability to the-City of the services pertof med by sub-
consultants shall be the sole responsibility of Consultant.
RFQ 2018 -312 -KB 30
APPENDIX D
MIAMI
2018-3 2-KB
Melster Design ~o.nsultant for Integrated
Water Management
RFQ 20 18-312 -KB
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
31
MIAMI BEACH
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
RFQ 2018-312-KB 32
MIAMI BEACH
TABLE OF CONTENTS
DESCRIPTION PAGE
ARTICLE 1. DEFINITIONS ....................................................................................................... 35
ARTICLE 2. BASIC SERVICES ................................................................................................ 40
ARTICLE 3. THE CITY'S RESPONSIBILITIES ......................................................................... .44
ARTICLE 4 . RESPONSIBILITY FOR CONSTRUCTION COST .........•.............•....................... .46
ARTICLE 5. ADD ITIONAL SERVICES ..................................... : ...... \;···································.48 ,,, .
ARTICLE 6. REIMBURSABLE EXPENSES ....................... !'.. .................................................. .49
'
ARTICLE 7. COMPENSATION FOR SERVICES ...... '."."' ........................................................ ~!.' ... 50
r'
ARTIC L E 8 . CONSULTANT'S ACCOUNTING AND OTHER RECORDS ................................. 51
ARTICLE 9 . OWNERSHIP OF PROJECT DOCUMENTS .......................................................... 51
' ARTICLE 10. TERMINATION OF AGREEMENT\. ............... -:-•..................... // .......................... 52
ARTICLE 11 . INSURANCE ........................................... f .................. t .................................. 53
./
ARTICLE 12. INDEMN IFICATION AND HOLD HARMLESS ..................................................... 54
ARTICLE 14. LIMITATION OF LIAB ILITY .............. 7 .............................................................. 54
ARTICLE 15. NOTICE ....... : •.......... _. ........................................................................................ 55
(
ARTICLE 16. MISCELLANEOUS PROVISIONS ....................................................................... 55
RFQ 2018-312 -KB 33
MIAMI BEACH
SCHEDULES:
SCHEDULE A ........................................................................................................................... 59
SCHEDULE B ........................................................................................................................... 60
SCHEDULE C .......................................................................................................................... 62
ATTACHMENTS:
ATTACHMENT A ...................................................................................................................... 63
ATTACHMENT 8 ...................................................................................................... .' .............. 64
ATTACHMENT C ...................................................................................................................... 65
RFQ 2018 -312-KB 34
MIAMI BEACH
AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
FOR
This Agreement made and entered into this day of , 20 ,
(Effective Date), by and between the CITY OF MIAMI BEACH, a municipal corporation existing under
the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami
Beach, Florida , 33139, (hereinafter referred to as City), and , a ___ _
___ corporation having its principal office at (hereinafter referred
to as Consultant).
W I T N E S S E T H:
WHEREAS, on September 17, 2014, the Mayor and City Commission approved the issuance of
Request for Qualifications No. 2014-346-YG for Professional Architectural and Engineering Services in
Specialized Categories On An "As-Needed-Basis" (the RFQ); and
WHEREAS , the RFQ was intended to provide access to architectural and engineering firms in
accordance with the Florida Consultant's Competitive Negotiation Act; and
WHEREAS , on •. the City Commission approved Resolution No. _
___ , respectively , authorizing the City to enter into negotiations w ith and, if
successful , execute an agreement with the Consultant pursuant to the RFQ; and
WHEREAS, City and the Consultant have negotiated the following agreement pursuant to the
RFQ ; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreement herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 Definitions. The definitions included in this Section are not exhaustive of all definitions used in
this Agreement. Additional terms may be defined in other Contract Documents. The following terms
shall have the meanings specified herein unless otherwise stated herein :
ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the Basic
Services in this Agreement, as described in Article 5 and the Consultant Service Order, which the
Consultant shall perform, at the City 's option, and which must be duly authorized, in writing, by the City
Manager or his authorized designee, prior to commencement of same.
RFQ 2018 -312 -KB 35
MIAMI BEACH
APPLICABLE LAWS: "Applicable Laws" means all laws, statutes, codes (including, but not limited to,
building codes), ordinances, rules, regulations, lawful orders and decrees of governmental authorities
having jurisdiction over the Project, the Project Site or the Parties.
BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents
recommended by the Consultant (and approved by the City) as being within the Construction Cost
Budget. "Base Bid" shall not include additive alternates or deductive alternates.
BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in
accordance with the terms of the Agreement, as described in Article 2 and tt'le Consultant Service Order.
Any Services not specifically enumerated as Additional Services (as defined herein) shall also be
considered Basic Services.
CITY (OR OWNER}: The "City" shall mean the City of Miami Beach, a Florida municipal corporation
having its principal offices at 1700 Convention Center Dr"ve, Miami Beach, Florida, 33139. In all
respects hereunder, City's obligations and performance is pursuant to City's position as the owner of the
Project acting in its proprietary capacity. In the event City exercises its regulatory authority as a
governmental body including, but not limited to, its regulatory authority for code inspections and
issuance of Building Department permits, Public Works Depa ment permjts, or other applicable permits
within its jurisdiction, the exercise of such regulatory authority and the enforcement of any Applicable
Laws shall be deemed to have occurred pursuant to City's regulate authority as a governmental body
and shall not be attributable in any manner to City as a Party to this Agreement.
CITY MANAGER: The "City Manager" shall mea the chief administrative officer of the City . The City
Manager shall also be construea to include any duly authorized representatives designated by the City
Manager in writing, including the Project Administrator, with respeft to any specific matter(s) concerning
the Services and/or this A reement (exclusive of those authorizations reserved to the City Commission
under this Agreement, or to egulatory or administrative bo ies having jurisdiction over the Project).
CONSTRUCTION COST BUDGET· The "Constructio Cost Budget" shall mean the amount budgeted
and established by the City to provide for the cost of construction of the Work for the Project
("Construction Cost"), as set forth in ttie Consultant Service Order.
CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final (100% completed)
plans, technical specifications, drawings, schematics, documents, and diagrams prepared by the
Consultant purs ant to this Agreement, setting forth in detail the requiremen.ts for the construction of the
Project. The Construction Documents shall set forth in full all details necessary to complete the
construction of the Project in accordance with the Contract Documents. Construction Documents shall
not be part of the Contract Documents, until (a) the Consultant has submitted completed Construction
Documents to the City ana {b) they have been reviewed and approved by the City and any agencies
having jurisdiction in accordance with the procedures as otherwise provided by the Contract Documents.
However, approval by the City shall not in any way be construed, interpreted and/or deemed to
constitute a waiver or excuse Consultant's obligations to ensure the Construction Documents are
constructible, in compliance with all Applicable Laws and in accordance with the Contract Documents.
CONSUL TANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the
qualified and properly professionally licensed design professional in the State of Florida and as
otherwise required by any entities, agencies, boards , governmental authorities and/or any other
professional organi zations with jurisdiction governing the professional practice area for which the design
RFQ 2018-312 -KB 36
MIAMI BEACH
professional has been engaged by City and who will perform (or cause to be performed through
Subconsultants acceptable to the City) all architectural, design and engineering services required under
this Agreement and/or Consultant Service Order and will serve as the "architect of record" and/or
"engineer of record" for the Project. When the term "Consultant" is used in this Agreement it shall also
be deemed to include any officers, employees, or agents of Consultants, and any other person or entity
acting under the supervision, direction, or control of Consultant to provide any architectural, design,
engineering or similar professional services with respect to a Project ("Subconsultants"). The Consultant
shall not be replaced by any other entity, except as otherwise permitted in this Agreement. Further, any
Subconsultant that may perform services on behalf of the Consultant shall be-a qualified and properly
professionally licensed design professional in the State of Florida and s othe ise required by any
entities, agencies, boards, governmental authorities and/or any other professional organizations with
jurisdiction governing the professional practice area for which the Sut:iconsultant has been engaged by
Consultant to perform professional design services in connection w1th the Project. The Subconsultants
in Schedule "C", attached hereto, are hereby approved by the City Manager for ttiaProject.
~
CONSUL TANT SERVICE ORDER: Consultant Service Order shall mean the work order issued by the
City to Consultant (in substantial form as in Schedule A alt9ched he~to), that specificall describes and
delineates the particular Services (Basic Services and/or Additional Services) which will be required of
Consultant for the Project that is the subject of such Consulta t S~rvice Prder, and which may include
studies or study activity, and/or professional services as defined in Section 287.055 of the Florida
Statutes.
CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the Agreement
approved by the City (as specified below) and executed between Ci t{ and Consultant, covering
changes, additions, or reductions in the terms of this Agreemen includip{, without limitation, authorizing
a change in the Project, or the method and manner of performance thereof, or an adjustment in the fee
and/or completion dates . "
Contract Amendments shall be approved by the City Commission if they exceed fifty thousand dollars
~ .
($50,000 .00). Even for Contract Amendments of fifty thousand dollars ($50,000.00) or less (or other
such threshold contract amount as 'may be specified' by the City of Miami Beach Procurement
Ordinance), the City Manager reserves the right t<::> see K' and obtain concurrence of the City Commission
for approval of any such Contract Amendment.
CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all
exhi g,its, aodenda, Consultant Service Ord~rs and written amendments issued thereto), and all Design
Documents and Construction Documents. The Contract Documents shall also include, without limitation
(together with al exhibits, addenda, and written amendments issued thereto), the Invitation to Bid (ITS),
instructions to bidders, bid form, bid bond, Design Criteria Package (if any), the Contract for
Construction, surety r::iayment and performance bonds, Conditions of the Contract for Construction
(General, Supplementary, anS}1other Conditions), Divisions 0-17 specifications, an approved Change
Order(s), approved Construction Change Directive(s), and/or approved written order(s) for a minor
change in the Work.
CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding
agreement between City and Contractor for performance of the Work covered in the Contract
Documents, including, without limitation, a general contractor, construction manager, design-builder or
any other duly licensed construction contractor selected pursuant to any other procurement
methodology available under Florida law.
CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation, joint
RFQ 2018-312 -KB 37
MIAMI BEACH
venture, or other entity contracting with City for performance of the Work covered in the Contract
Documents.
DESIGN CRITERIA PACKAGE or DCP: "Design Criteria Package" means concise, performance-
oriented drawings or specifications of a design-build Project, prepared for the purpose of furnishing
sufficient information to permit design-build firms to prepare a bid or a response to a City request for
proposal, or to permit the City to enter into a negotiated design-build contract. The Design Criteria
Package must specify performance-based criteria for the design-build Project, including the legal
description of the site, survey information concerning the site, interior SP.ace requirements, material
quality standards, schematic layouts and conceptual design criteria of the project, cost or budget
estimates, design and construction schedules, site development requirements, provisions for utilities,
stormwater retention and disposal, and parking requirements applicable to tile project.
DESIGN DOCUMENTS: "Design Documents" means all plans, drawings specifications, schematics and
all other documents which set forth in full the design of the Pr:ojec and fix and describe in detail the size,
configuration and character of the Project concerning al items of the Project necessary for the final
preparation of the 100% completed, permitted Constwction Documents in accordance with the
requirements of the Contract Documents including, without limitation, all architectural and engineering
elements as may be appropriate. Design Documents shall not be P,art ofi the Contract Documents, until
(a) the Consultant has submitted completed Design Document to the City and (b) they have been
reviewed and approved by the City and agencies having jurisdictio in accordance with the procedures
as provided by the Contract Documents . wever, approval by tile City shall not in any way be
construed, interpreted and/or deemed to constitute a waiver or excuse ~onsultant's obligations to
ensure the Design Documents are constructible, in compliance with all Applicable Laws and in
accordance with the Contract Documents.
FORCE MAJEURE: "Force Majeare" shall mean any tlelay occa~ioned by superior or irresistible force
occasioned by violence in nature without the inte ~erence of numan agency such as a hurricane,
tornado, flood, loss caused by fire and other similar unavoidable casualties; or other causes beyond the
City's or Consultant' control that ar not due to any act, omission or negligence of either City or
Consultant and, which have, or; may oe reasonably ex~ected to have, a material adverse effect on the
Project, or on the rights and obligations of City or Consultant under this Agreement and which , by the
exercise of due diligence, such parties stiall not Have been able to avoid; provided -, however, that
inclement weather (except as noted a5ove), the acts or omissions of Subconsultants, the Contractor and
its sub-contractors, market conditions, labor conditions , construction industry price trends , and similar
matters wtiich normally impact on the const uction process shall not be considered a Force Majeure .
If the Consultan is delayed in performing any obligation under this Agreement due to a Force Majeure,
the Consultant shall request a time extension from the Project Administrator within five (5) business
days of said Force ajeure. Any time extension shall be subject to mutual agreement and shall not be
cause for any claim by the Consultant for extra compensation, unless Additional Services are required
and approved pursuant to J\rt1cle 5 hereof.
PROJECT: The "Project" shall mean that certain City capital project described in the Consultant
Service Order.
Project Cost: The "Project Cost", shall mean the estimated total cost of the Project, as
prepared and established by the City, including the estimated Construction Cost and Soft
Costs . The Project Cost may, from time to time, be revised or adjusted by the City, in its
sole discretion, to accommodate approved modifications or changes to the Project or scope
of work .
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Project Scope: The "Project Scope " shall mean the desc r iption of the Project, as
described in the Consultant Service Order.
PROJECT ADMINISTRATOR: The "Project Administrator'' shall mean the individual designated by
the City Manager who shall be the City's authorized representative to issue directives and notices on
behalf of the City with respect to all matters concerning the Services of this Agreement (exclusive of
those authorizations reserved to the City Manager or City Commission under this Agreement, or to
regulatory or administrative bodies having jurisdiction over the Project).
PROPOSAL DOCUMENTS: "Proposal Documents " shall mean the RFQ, together with all amendments
or addenda thereto (if any), which is incorporated by reference t9,rthis Agreement and made a part
hereof; provided, however, that in the event of an express conflict between the F?roposal Documents and
this Agreement, the Agreement shall prevail. Consultant's proposa f ·n response to the RFQ is included
for reference purposes only and shall not be incorporated a7 part bJ this Agreement, except with respect
to Consultant's representations regard ing the qualificatiOJlS and experience of Consultant and its key
personnel, its commitment to provide the key personnel listed therein, and its capability to perform and
deliver the Services in accordance with this Agreement and consistent with the all represe tations made
therein.
SCHEDULES: "Schedules" shall mean th various schedules attached to this Agreement and referred
to as follows:
Schedule A -Consultant Servic Order
Schedule B -Consultant Compensation and Hourly Billing Rate Schedule .
Schedule C -Approved Subconsultants.
SCOPE OF SERVICES: "Scope of Services" shall ir:1(1ude the Project Scope, Basic Services, and any
Additional Services (as ap Rroved by th j City), all as described in Schedule "A" hereto.
SERVICES: "Services" shall mean all services, work, a d actions by the Consultant performed pursuant
to or undertaken under this Agreement.
SOFT CO ~TS: "Soft Costs " shall mean costs related to the Project other than Construction Cost
including, without limitation, Consultant's Basj c Services, Additional Services, surveys, testing , general
cons ltant, financing, permitting fees and other similar costs, as determined by the City, that are not
considered a direct costs for the construction of the Project.
STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction
Cost" shall mean the detailed e ~timate prepared by Consultant in Construction Standard Index (CSI)
forma t.or other format approve. by the Project Administrator, which includes the Consultant's estimated
total construction cost to th ~C i ty of the Work for the Project (as established in the Contract Documents,
as they may be amended from time to time). The Statement of Probable Construction Cost shall be in
sufficient detail to identify the costs of each element of the Project and include a breakdown of the fees,
general conditions and construction contingency for the Project. Costs shall be adjusted to the projected
bid date to take into account anticipated price escalation.
WORK: 'Work" shall mean all labor, materials, equipment, supplies, tools, machinery, utilities,
fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes and
government approvals, licenses, tests, qua lity assurance and/or quality control inspections and related
certifications , surveys , studies , and other items , work and services that are necessary or appropriate for
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the total construction, installation, and functioning of the Project, together with all additional, collateral
and incidental items, and work and services required for delivery of a completed, fully functional and
functioning Project as set forth in the Contract Documents.
ARTICLE 2. BASIC SERVICES
2 .1 The Consultant shall provide Basic Services for the Project, specifically described in the
Consultant Service Order.
2.2 The Services will be commenced by the Consultant upon receipt of a written Consultant Service
Order signed by the City Manager or the Project Administrator. onsultant shall countersign the
Consultant Service Order upon receipt and return the signed copy to the City.
2.3 As it relates to the Services and the Project, Con ultant warrants and represents to
the City that it is knowledgeable of and shall comply with all Applicable Laws. The
Consultant agrees to comply with all Applicable Laws, whether no in effect or as
may be amended or adopted from time to time, and shall further take into account all
known pending changes to the foregoing of which it should reasonably be aware.
2.4 The Consultant warrants and represents to the City that all of the Services required under this
Agreement shall be performed in accordanc with the standard of c re normally exercised in the design
of comparable projects in South Florida. Consultant warrants and represents to the City that it is
experienced, fully qualified, and properly licensed (pursuant to Applicable baws) to perform the Services.
Consultant warrants and represents to the City that it is responsible for the technical accuracy of the
Services (including, without limitation, the Design Docu ent contemplated in Schedule "A" hereto).
Consultant further warrants and represents that the approved ana permitted Construction Documents
shall constitute a representation by Consultant to Cityr that the Project, if constructed as required by the
Contract Documents, will be fully functional, suitable and sufficient for its intended purposes.
2.5 The Consultant's Basic Services may consis of various tasks, including planning, design,
bidding/award, preparation of a DCP, studies, construction administration, and Additional Services (as
may be approved), all as further described in the Consultant Service Order; and shall also include any
and all of Consultant's responsibilities and obligations with respect to the Project, as set forth in the
General Conditions of the Co tract for Construction.
2 .6 RES ONSIBILITY FOR CLAIMS AND LIABILITIES: No action or omission by City shall waive
or excuse Consultant's obligatior;ls under the Agreement and/or other Contract Documents and that
Consultant shall emain fully liable for all work performed by Consultant including, without limitation, any
design errors or omissions. Written decisions and/or approvals issued by the City shall not constitute
nor be deemed a release of the responsibility and liability of the Consultant (or any Subconsultants), for
the accuracy and competency, of the Design Documents and Construction Documents, nor shall any City
approval and/or decisions be deemed to be an assumption of such responsibility by the City for a defect,
error or omission in the Design Documents and the Construction Documents. Moreover, neither the
City's inspection, review, approval or acceptance of, nor payment for, any Services required under the
Agreement shall be construed to relieve the Consultant (or any Subconsultant) of its obligations and
responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the
Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant
shall be and remain liable to the City in accordance with Applicable Laws for all damages to City caused
by any failure of the Consultant or to comply with the terms and conditions of the Agreement or by the
Consultant's misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the
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Agreement.
2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this
respect, the parties agree as follows:
2.7.1 Term: The term of this Agreement shall commence upon execution by the City and
Consultant, which shall be the Effective Date referred to on page 1 hereof, and shall be in effect
for three (3) years ("Initial Term"), plus two (2), one (1) year renewal options, to be exercised at
the sole discretion of the City Manager (Initial Term and any renewals shall be collectively
referred to as the "Term"). Notwithstanding the preceding Term, Consultant shall adhere to any
and all timelines and/or deadlines, as set forth in the Consultant S ~r:vice Order, including the time
for completion of the work and/or services for such Project (as .set forth in the particular
Consultant Service Order).
2.7 .2 The Consultant shall perform the Services as expeditiously as is consistent with the
standard of professional skill and care required by this Agreement, and the orderly progress of
the Work . ;
...
2.7.3 Recognizing that the construction of other projects within the City may affect scheduling
of the construction for the Project, the Consultant shall ~ili gently coordinate performance of the
Services with the City (through the Project Administrator) in order to provide for the safe,
expeditious, economical and efficient completion of the Prefect, without negatively impacting
concurrent work by others. The Co sulfant shall coordinate the Services with all of its
Subconsultants, as well as other consultants, including , witho lt limitation, City provided
consultants (if any).
'/
2. 7.4 The Services shall be performed in a manner that shall conform to the Consultant Service
Order. The Consultant may submit requests for an adjus(ment to the Consultant Service Order
completion time, i( made necessary because of undue delays resulting from untimely review
taken by the City (or authorities} having jurisdiction over the Project) to approve the Consultant's
submissions, or any other portion of the Serv·ces requiring approval by the City (or other
governmental authorities having iuris iction o er the Project). Consultant shall immediately
prov ide the Project Administrator with written notice stating the reason for the particular de lay;
the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated
sc edule of completion. Upon receipt and review of Consultant's request (and such other
documentation as the Project Adm j.o istrator may require), the Project Administrator may grant a
reasonable extension of time for completion of the particular work involved, and authorize that
the appropriate adjustment be made to the Project Schedule. The Project Administrator's
approval (if granted) shall be in writing.
2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working
relationship with the Project.Administrator, Contractor, and any and all other individuals and/or firms that
have been contracted, or otherwise retained, to perform work on the Project.
2.9 The Consultant shall perform its duties under this Agreement , and under a Consultant Service
Order, in a competent, timely and professional manner, and shall be responsible to the City for any
failure in its performance, except to the extent that acts or omissions by the City make such performance
impossible.
2.10 The Consultant is responsible for the professional quality, technical accuracy, completeness,
performance and coordination of all Services required under the Agreement and under the Consultant
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Service Order (including the services performed by Subconsultants ), within the specified time period and
specified cost. The Consultant shall perform the Services utilizing the skill, knowledge, and judgment
ordinarily possessed and used by a proficient consulting with respect to the disciplines required for the
performance of such Services in the State of Florida. The Consultant is responsible for, and shall
represent to City that the Services conform to the City's requirements, the Contract Documents and all
Applicable Laws. The Consultant shall be and remain liable to the City for all damages to the City
caused by the Consultant's negligent acts or errors or omissions in the performance of the Services. In
addition to all other rights and remedies which the City may have, the Consultant shall, at its expense,
re-perform all or any portion of the Services to correct any deficiencie which result from the
Consultant's failure to perform in accordance with the above standards. :rhe Consultant shall also be
liable for the replacement or repair of any defective materials and equii?ment and re-performance of any
non-conforming construction work resulting from such deficient Services (i) for a period from the
Effective Date of this Agreement, until twelve (12) months following final acceptance of the Work, (ii) or
for the period of design liability required by applicable law, whicheve is later. Ttie Project Administrator
shall notify the Consultant, in writing, of any deficiencies and shall qpprove the mettled and timing of the
corrections .
2.10.1 The Consultant shall be responsible for deficient, defective Services and any resulting
deficient, defective construction work re-performed within twe v,e (12) month, following final
acceptance and shall be subject to further re-performance, repair and replacement for twelve
(12) months from the date of initial re-performance, not toe ceed twenty-four months (24) from
final acceptance.
2 .11 The City shall have the right, at any time, in its sole and absolute d"scretion, to submit for review
to other consultants (engaged by the City at its expense) any or all parts of the Services and the
Consultant shall fully cooperate in such review(s }. Wl),enever: other are required to verify, review, or
consider any Services performea bY, Consultant (including, withe~ limitation, contractors, other design
professionals, and/or other consultants retained by t re City), the intent of such requirement is to enable
the Consultant to receive input from others' professional expertise to identify any discrepancies, errors
or omissions that are inconsistent wi!h industry stanoar s for design or construction of comparable
projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards,
decisions or approvals provided by: the City under this Agreement. Consultant will use reasonable care
and skill, in accordance and consistent with customary professional standards, in responding to items
identified by other reviewers in accordance with this subsection. Consultant shall receive comments
from reviewers , in writing , including , wit out limitation (and where applicable), via a set of marked-up
drawj ngs and specifications. Consultant shall address comments forwarded to it in a timely manner.
The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into
account the timelines of the Proje t schedule.
2.11 .1 The Consultant is advised that a performance evaluation of the Services rendered
throughout this greernent will be completed by the City and kept in the City's files for evaluation
of future solicitations.
2 .12 Consultant agrees that when any portion of the Services relates to a professional service which,
under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement
to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed
certified personnel to provide same.
2.13 Consultant agrees to designate, in writing , within five (5) calendar days after receiving a fully
executed Consultant Service Order, a qualified licensed professional to serve as its project manager
(hereinafter referred to as the "Project Manager''). The Project Manager shall be authorized and
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responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all
aspects of the Services. Consultant's Project Manager (as well as any replacement) shall be subject to
the prior written approval of the City Manager or the Project Administrator. Replacement (including
reassignment) of an approved Project Manager shall not be made without the prior written approval of
the City Manager or his designee (i.e. the Project Administrator).
2.13.1 Consultant agrees, within fourteen ( 14) calendar days of receipt of written notice from the
City Manager or the Project Administrator (which notice shall state the cause therefore), to
promptly remove and replace a Project Manager, or any other personnel employed or otherwise
retained by Consultant for the Project ( including, without limitation, any Subconsultants).
2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non-public
information concerning the Services or the Project, without the prior(written consent of the City Manager
or the Project Administrator, unless such disclosure is incident 'to the proper performance of the
Services; or the disclosure is required pursuant to Florida Public, ~ecords laws; or, in the course of
judicial proceedings, where such information has been properly subpoenaed. Consultant shall also
require Subconsultants to comply with this subsection.
I'
2.15 The City and Consultant acknowledge that the Services as described in the Agreement and the
Consultant Service Order, do not delineate every detail and minor Work task required to be performed by
Consultant to complete the work and/or services described and delineated under a Consultant Service
Order issued to Consultant by the City for a particular Project. If, durin the course of performing work,
services and/or tasks on a particular Consultant Service Order, Consultant determines that work and/or
services should be performed (to complete the Projec delineated under such Order) which is, in the
Consultant's reasonable opinion, outside the level of effo origina11;7anticipated in the Consultant
Service Order, then Consultant shall promptly notify thefroject AcfminiStrator, in writing, and shall obtain
the Project Administrator's written consent before proceeding with such work and/or services. If
Consultant proceeds with any such additional work and/or services without obtaining the prior written
consent of the Project Administrator, said work and/011 services shall be deemed to be a Basic Service
under this Agreement and shall also ~e deemed to be within the scope of services delineated in the
Consultant Service Order (whether or not specifically addressed in the Scope of Services). Mere notice
by Consultant to the Project Administrator sfiall not ,s:lnstitute authorization or approval by the City to
perform such work. Performance of any such w9rk and/or services by Consultant without the prior
written consent of the Project Administrator shall be undertaken at Consultant's sole risk and liability.
2.16 Consultant shall establish, maintain,. and categorize any and all Project documents and records
pertinent to the Services and shall provide the City, upon request, with copies of any and all such
documents and7or records. In addition, Consultant shall provide electronic document files to the City
upon completion of the Project.
2.17 THE CITY HA NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN ANY
WAY THE CONSULTANT'S OBLIGATIONS UNDER THE AGREEMENT OR OTHER CONTRACT
DOCUMENTS. THE CITY'S PARTICIPATION, FACILITATION AND/OR ASSISTANCE TO THE
CONSULTANT SHALi! BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE
CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF
CONSULTANT'S OBLIGATIONS, A WAIVER OF CONSULTANT'S OBLIGATIONS AND/OR EXCUSE
ANY BREACH BY CONSULTANT OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS.
THE PARTICIPATION IN THE PERFORMANCE OF ANY OF CONSULTANT'S OBLIGATIONS
SHALL NOT PRECLUDE THE CITY FROM DECLARING CONSULTANT IN DEFAULT FOR
CONSULTANT'S FAILURE TO PERFORM SUCH OBLIGATION, NOR SHALL IT LIMIT, IN ANY
WAY, THE CITY'S RIGHTS AND REMEDIES IN CONNECTION THEREWITH . THE CONSULTANT
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EXPRESSLY ACKNOWLEDGES AND AGREES NOT TO RAISE OR ASSERT AS DEFENSE TO ANY
CLAIM, ACTION, SUIT AND/OR OTHER PROCEEDING OF A SIMILAR NATURE, THE CITY'S
PARTICIPATION, ASSISTANCE AND/OR FACILITATION IN THE PERFORMANCE OF
CONSULTANT'S OBLIGATIONS. INCLUDING, WITHOUT LIMITATION, ASSISTING WITH
OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES, OR OTHER MATTERS
RELATED TO THE PROJECT. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION
AND/OR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT DOCUMENTS,
THIS SECTION SHALL GOVERN.
2.18 GREEN BUILDING STANDARDS: The Consultant shall comRIY witti the requirements of
Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both may be amended from
time to time, addressing applicable Leadership in Energy and Environmental Design (LEED) compliance
requirements.
2.19 SUBCONSUL TANTS: All services provided by Subconsuttants shall be consistent with those
commitments made by the Consultant in its Proposal an during the competitive solicitation selection
process and interview. Such services shall be undertaken and performed pursu~mt to approR ·ate written
agreements between the Consultant and the Subconsultants, wtiich shall contain Rrovisions that
preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement
shall create any contractual relationship between the City and the ubconsultants.
The Consultant shall not retain, add, or replace any Subconsultant without the prior written approval of
the City Manager, in response to a written request from the Consultant stating the reasons for any
proposed substitution. The Consultant shall cause the names of Subconsultants responsible for
significant portions of the Services to be inserted on the plans and specif cations.
The Consultant shall be ultimately responsible for ensuring the Consultant's and all of its
Subconsultants' compliance with the requirements of this Section and any other provision of the
Agreement and/or Consultant Service Order. ith respect to the performance of work by
Subconsultants, the Consultant shall, rn approving ana a cepting such work, ensure the professional
qual ity, completeness, and coordination of the Subconsultant's work.
The Consultant shall, UP.On the request of the City, submit to the City such documentation and
information as the City reasonably requests to evidence the creation, standing, ownership and
professio al licensure of the Consultan (? d Subconsultants), including organizational documents,
operating agreements and professional licensure documentation, and copies of the Consultant's
contracts wittl the Subconsultant with respect to the Project. However, the City's failure to request such
documentation or evidence and/or failure to enforce in any way the terms and provisions of this Section,
the Agreement anti/or any other Consultant Service Order during the Project does not excuse, waive
and/or condone in an way any noncompliance of the requirements set forth therein including, without
limitation, the professional licensure requirements. ·Any approval of a Subconsultant by the City shall in
no way shift from the Consultant to City the responsibility for the quality and acceptability of the services
performed by the Subconsultant. Payment of Subconsultants shall be the sole responsibility of the
Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of
the Services .
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3 .1 The City Manager shall designate a Project Administrator, who shall be the City's
authori zed representative to act on City's behalf with respect to the City's responsibilities
or matters requiring City's approval under the Contract Documents. Th e Project
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Administrator shall be authorized (without limitation) to transmit instructions, receive
information, and interpret and define City policies and decisions with respect to the
Services and the Project. The Project Administrator shall have full authority to require the
Consultant to comply with the Contract Documents, provided, however, that any failure of
the Project Administrator to identify any noncompliance, or to specifically direct or require
compliance, shall in no way constitute a waiver of, or excuse, the Consultant's obligation
to comply with the requirements of the Contract Documents.
3.2 The City shall make available to Consultant, for the convenience of the Consultant only,
information that the City has in its possession pertinent to the Project. Consultant hereby agrees and
acknowledges that, in making any such information available to Consultant, the City makes no express
or implied certification , warranty, and/or representation as to the accuracy or completeness of such
information and assumes no responsibility whatsoever with respect !to, the sufficiency, completeness or
accuracy of such information. The Consultant understands, and hereby agrees and acknowledges, that
it is obligated to verify to the extent it deems necessary all information\ furnished by the City, and that it is
solely responsible for the accuracy and applicability of aJ!'such information used by Consultant. Such
verification shall include, without limitation, visual examination of existing conditions in all locations
encompassed by the Project, where such examination can b e made without using destrusti V'e measures
(i.e . excavation or demolition). Survey information shall be spot checked to the extent that Consultant
has satisfied itself as to the reliability of the information.
3.3 At any time, in his/her sole discretion, the City Manager may furnish accounting, and insurance
counseling services for the Project (including, without limitation, a , diting services to verify the
Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment
due to its Subconsultants or vendors).
3.4 If the City observes or otherwise becomes aware of any fa Glt or defect in the Project, or non -
conformance with the Contract Documents, the City, through the Project Administrator, shall give prompt
written notice thereof to th e Consultant.
3.5 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall
render any administrative approvals and aecisions required under th is Agreement, in writing, as
reasonably exp ~ditious fo r the orderly progress of t he Services and of the Work.
3.6 Th~ City Commission shall be the fi al authority to do or to approve the following act ions or
cond,..uct, by passage of an enabling resolution or amendment to this Agreement:
3.6.1 Except where otherwise expressly noted in the Agreement or the Contract Documents , the
City Commission shall be the body to consider, comment upon, or approve any amendments or
modifications to this Agre J ment.
3 .6.2 The City Commission shall be the body to consider, comment upon, or approve any
assignment, sale transfer or subletting of this Agreement. Assignment and transfer shall be
defined to also include sale of the majority of the stock of a corporate consultant.
3 .6 .3 The City Comm ission shall approve or consider all Contract Amendments that exceed the
sum of fifty thousand dollars ($50 ,000.00) (or other such amount as may be specified by the City
of Miam i Beach Procurement Ordinance, as amended).
3. 7 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the
City's primary representative to whom administ rative (proprietary) requests for decisions and approvals
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required hereunder by the City shall be made. Except where otherwise expressly noted in this
Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations
which may include, without limitation, proprietary review, approval, or comment upon the schedules,
plans, reports, estimates, contracts, and other documents submitted to the City by Consultant.
3. 7 .1 The City Manager shall have prior review and approval of the Project Manager (and any
replacements) and of any Subconsultants (and any replacements).
3.7.2 The City Manager shall decide, and render administrative (Q oprietary) decisions on
matters arising pursuant to this Agreement which are not otherwise expressly provided for in this
Agreement. In his/her discretion, the City Manager may also consult with the City Commission
on such matters.
3.7.3 At the request of Consultant, the City Manager shall be authorized, but not required, to
reallocate monies already budgeted toward payment of ttie, Consultant; provided, however, that
the Consultant's compensation (or other budgets established by this Agreement) may not be
increased without the prior approval of the City Commission, which approval (i granted at all)
shall be in its sole and reasonable discretion.
3.7.4 The City Manager may approve Contract Amendments which do not exceed the sum of
fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City of
Miami Beach Purchasing Ordinance, as--amended); provided tnat no such amendments increase
any of the budgets established by this Agreement.
3.7.5 The City Manager may, in his/he sole discretion, form a committee or committees, or
inquire of, or consult with, persons for the purrtose of recei ing advice and recommendations
relating to the exercise of the City's powers, duties, and responsibilities under this Agreement or
the Contract Docu ents.
3.7.6 The City Manager shall be the City Commission's authorized representative with regard
to acting on behalf of the City in the event of issuing any default notice(s) under this Agreement,
and, should such default r main uncured, in terminating the Agreement (pursuant to and in
accordance with Article 10 Hereof).
3.8 The City's review, evaluation, or om ent as to any documents prepared by or on behalf of the
Con~ultant shall be solely for ttie purpose of the City's determining for its own satisfaction the suitability
of the Projec , or portions thereof\ detailed in such documents for the purposes intended therefor by the
City, and may not be relied upon in any way by the Consultant or any other third party as a substantive
review thereof. ·
ARTICLE . RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The City shall establish a Construction Cost Budget for the Project, as set forth in the Consultant
Service Order. Consultant shall design the Project so that the Construction Cost Budget for the Project
is not exceeded. As part of the Basic Services, Consultant shall design and/or re-design the Project to
the Construction Cost Budget in accordance with this Article 4, making all revisions necessary to
maintain the Construction Cost Budget. Consultant shall attend meetings with the City to review and
discuss cost estimates, cost-saving alternatives, and implementation or revision of the Design
Documents and Construction Documents to address such items, as necessary to meet the established
budget parameters set forth in the City Construction Budget.
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4.2. Consultant shall provide and/or update the Statement of Probable Construction Cost at each
stage of completion of the Design Documents and at completion of the Construction Documents , unless
otherwise specified in the Consultant Service Order or other written directive of the Project
Administrator.
4.2.1. At completion of the conceptual design (at such stage of completion of the Design
Documents as may be specified by the Project Administrator), Consultant shall provide the City a
Statement of Probable Construction Cost, which must include an estimated ~onstruction Cost for the
Project within a range of plus or minus fifteen percent (+/-15%) of the Construct ion Cost Budget. If at
the foregoing stage of design the Consultant's Statement of Probable Construction Cost exceeds the
City's Construction Budget by more than fifteen percent (15%), theh the Project Administrator shall
provide notice thereof to the Consultant. Consultant shall then ide htify the cause(s) for the difference
and recommend in writing for the City's approval any modification ih the Design Documents necessary
to conform the Consultant's estimated total costs in the Staterll'ent of Probable Construction Cost to ,
within fifteen percent (15%) of the City's Construction Budget. Upon obtaining City' approval of any
proposed modifications, Consultant shall incorporate such modifications within the Design Documents
as part of the Basic Services and at no additional cost to the City. ,
4 .2.2. At the 30% and 60% completion of the Design Do fuments, Consultan t':hall update its
Statement of Probable Construction Cost, which must include an estimated Construction Cost for the
Project within a range of plus or minus ten percent (+/-10%) of the Co struction Cost Budget. If at the
foregoing stages of design the Consultant's Statement of Probable Construcy,on Cost exceeds the City 's
Construction Budget by more than ten percent (10%), the Project Administrator shall provide notice
7
thereof to the Consultant. Consultant shall then identify the cause(s) fqp-the difference and recommend
in writing for the City's approval any modification in the Design Doc uments necessary to conform the
Consultant's estimated total costs in the Statement ot Probable Co ri'S truction Cost to within ten pe rcent
(10%) of the City's Construction Budget. Upon obtaming City's approval of any proposed modifications,
Consultant shall incorporate such modifications within the Design Documents as part of the Basic
Services and at no additional cost to the City.
4.2.3. At the 90% stage completion of the, Design Documents and at completion of the
Const ruction Documents, Consultant shall update itS' Statement of Probable Construction Cost, which
must include an estimated Construction Cost for the Project within a range of plus or minus five percent
(+/-5%) of the Construction Cost Budget. I at the foregoing stages of design the Consultant's Statement
of Probable Construction Cost exceeds the City's Construction Budget by more than five percent (5%),
the Project Ad inistrator shall provide notice thereof to the Consultant. Consultant shall then identify
the cause(s) for the difference and recommend in writing for the City's approval any modification in the
Design Documents necessary to conform the Consultant's estimated total costs in the Statement of
Probable Construction Cost to tv ithin five percent (5%) of the City's Construction Budget. Upon
obtaining the City's approval, Consultant shall promptly modify the Design Documents or Construction
Documents within the tim e" period specified by the Project Administrator (which time period for
completion shall not exc ~ecJ ninety (90) days from the date Consultant is notified to re-des ign), as part of
the Basic Services and at no additional cost to the City.
4.2.4 . To ensure that the Construction Cost shall not exceed the City's Construction Budget,
each Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of each
element and include a breakdown of the fees, general condit ions and a reasonable and appropriate
construction contingency.
4 .3. Consultant shall certify and warrant to the City that the Statement of Probable Construction Cost
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and any update thereto, represents Consultant's best judgment of the Construction Cost for the
Project as an experienced design professional familiar with the construction industry, provided,
however, that Consultant cannot (and does not) guarantee that bids or negotiated prices will not
vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise
·provided) by Consultant.
4.4 If the lowest and best Base Bid exceeds the Consultant's final updated Statement of Probable
Cost by more than ten percent (10%), the Project Administrator shall provide notice thereof to the
Consultant, and the Consultant shall re-design the Project within the Project Scope, construction
schedule, sequence of Work, or such other action, as deemed necessa , to reduce the Statement of
Probable Construction Cost, and Consultant shall provide any required revisions to the Contract
Documents (including, without limitation, the Construction Documents) witliio the time period specified
by the Project Administrator (which time period for completion shall mot exceed inety (90) days from the
date Consultant is notified to re-design), and shall provide re-bidding services, as many times as may be
reasonably requested by the City, as part of the Basic Services an4 d at no additional cost to the City,
in order to bring any resulting, responsive and responsible bids within ten percent (10%) of the
Consultant's final updated Statement of Probable Cost.
4 .5. The Construction Cost Budget shall not be exceed d without fully justifiable, extraordinary, and
unforeseen circumstances (such as Force Majeure) which ar bey.end the control of .the parties. Any
expenditure above this amount shall be subject to prior City Co mission approval which, if granted at
all, shall be at the sole and reasonable discretion of the City Commission. The City Commission shall
have no obligation to approve an increase in the Construction Cost Budget and, if such Construction
Cost Budget is exceeded, the City Commission may at its sole and aosolute discretion, terminate this
Agreement (and the remaining Services) without any further liability to the City.
4.6. The City Commission may, at its sole and absolute discretion, and without relieving Consultant of
its obligations under this Agreement to design the Project to the C ~nstruction Cost Budget as set forth in
Sections 4.1 through 4.5 above, separately elect any of the following options: ( 1) approve an increase to
the Construction Cost Budget; (2) reject all bids, and (at its option) authorize rebidding of the Project; (3)
abandon the Project and terminate the remaining Services without any further liability to the City; (4)
select as many deductive alternatives as may be necessa'ry to bring the lowest and best bid within the
Construction Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
"="" 5 .1 Additional Services shall only be performed by Consultant following receipt of written
authorization by, the Project Administrator (which authorization must be obtained prior to commencement
of any such additional work by Consultant). The written authorization shall contain a description of the
Additional Services required; a lump sum to be negotiated at the time of the request for additional
services or an hourly fee (in accordance with the rates in Schedule "B" hereto), with a "Not to Exceed "
amount; Reimbursable Expenses (if any) with a "Not to Exceed " amount; the amended Construction
Cost Budget (if applicable); the time required to complete the Additiona l Services; and an amended
Project Schedule (if ar:iphcable ). "Not to Exceed" shall mean the maximum cumulative hourly fees
allowable (or, in the case of Reimbursable Expenses, the maximu m cumulative expenses allowable),
which the Consultant shall not exceed without further written authorization of the Project Administrator.
The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in
the case of Reimbursables , for the expenses), and all costs applicable to same shall be verifiable
through t ime sheets (and, for Reimbursables, expense reviews).
5 .2 Addition al Se rvices includ e th e following:
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5.2.1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing
facilities, and surveys or inventories in connection with construction performed by City.
5 .2.2. Unforeseen Conditions. Providing additional work relative to the Project which arises
from subsequent circumstances and causes which could not reasonably have been foreseen at
the time of the Consultant Service Order (excluding conditions determined by all prior studies
available to Consultant and excluding circumstances and causes resulting from error, omission,
inadvertence, or negligence of Consultant).
5.2.3. Citv-Reguested Revisions to Construction Documents: Makjng revisions to Construction
Documents resulting in or from City-requested changes in Scope of Work involving new program
elements, when such revisions are inconsistent with written {a pprovals or instructions previously
given by City and/or are due to causes beyond the control of Consultant.
~
5.2.4 Expert Witness: Except insofar as the c ?nsultant is required by legal process or
subpoena to appear and give testimony, prepari ng to serve, or serving as an expert.witness in
connection with any state or federal court action to WQich the Consultant is not a P.arty in its own
name, that is not instituted by the Consultant or in whiCh the . erfor¥mance of the ,9 b nsultant is not
in issue.
5.2.5 Procurement: Assistance ii'P-connection with bid pr tests, re-bidding, or re-negotiating
contracts (except for Contract Document revisions and re-bidding services required under
Section 4.4 hereof, which shall be provided at no additional cost to CitY).
5.2.6. Models: Preparing professional perspectives, models or"'"'derings in addition to those
provided for in this Agreement except insofar as these are otherwise usefu l or necessary to the
Consultant in the provision of Basic Services.
5 .2.7 . Threshold Inspection/Material Testing and Inspection: Providing threshold inspection
services and material testing/special inspection ser.Jices, provided that Consultant, as part of the
Basic Services, shall report on flte progress the Work, including any defects and deficiencies that
may be observed in the Wor:lt
5.2 .,8' Pre-Design Surveys & Testing: Environmental investigations and site evaluations,
provided, however, that surveys of the existing structure required to complete as-built
doc mentation are not aaditional s~rvices.
5 .2.9 Geotechnical engineerin g( Providing geotechnical engineering services or site surveys.
Except as specified herein, services that are required for completion of the Construction Documents
shall be part of Consulta t's Basic Services.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses must be authorized, in advance, in writing, by the Project Administrator.
Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Administrator (along
with any supporting receipts and other back-up material requested by the Project Administrator).
Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as
reimbursable are "true and correct and in accordance with the Agreement." Reimbursable Expenses
may include, but not be limited to, the following :
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Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and
other Project documents (excluding reproductions for the office use of the Consultant and its
Subconsultants, and courier, postage and handling costs between the Consultant and its
Subconsultants).
Costs for reproduction and preparation of graphics for community workshops.
Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over the
Project (i.e. City permit fees).
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant's "Lump Sum" or "Not to Exceed" fee for provision of the Services, or portions thereof,
as may be set forth and described in the Consultant Service Order issued for a particular Project, shall
be negotiated between the City and Consultant, and shall be set forth in the Consultant ervice Order.
7.2 Payments for Services shall be made within forty-five (45) calendar days of recei!3-;fnd approval
of an acceptable invoice by the Project Administrator. Payments shall be made in proportion to the
Services satisfactorily performed, so that the payments for Services never exceed the progress
percentage noted in the Consultant's Progress Schedule (to be sut3'mitted with each invoice). No mark-
up shall be allowed on subcontracted work . In addition to the invoice, the Consultant shall, for Hourly
Rate authorizations, submit a progress report giving the percentage of comRletion of the Project and the
total estimated fee to completion. ·
7.3 Approved Additional Services shall be comµ,ensated in accora J nce with the hourly rates set forth
in Schedule "B," attached hereto. Any request for pay~ent of Additi~nal Services shall be included with
a Consultant payment request. No mark-up shall e allowed on Additional Services (whether sub-
contracted or not).
7.4 Approved Reimbursable Expens·es shall be pai r in accordance with Article 6 hereto, up to the
"Not to Exceed" Reimbursable altowance amount in tlie Consultant Service Order hereto. Any request
for payment of Reimbursable Expenses shall also be included with Consultant's payment request. No
mark-up shall be allowed on ReimbursaQle Expenses.
7.5 ESCALATION: The init"al hourly rates shall remain constant for the Initial Term of the
agreement. Ninety (90) days prior to expiration of the Initial Term, the City may consider an adjustment
to the preceding year's unit costs for the subsequent year. Only request for increases based on a
corresponding increase in the Consumer Price Index for All Urban Consumers; U.S. City average (1982-
84=100), as establislied by the United States Bureau of Labor Statistics ("CPI"), or material adjustments
to the scope or requirements o the RFQ by the City, including (but not limited to) living wage increases,
will be considered. In the event that the City determines that the requested increase is unsubstantiated,
the Consultant agrees to perform all duties at the current cost terms .
7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by
the C ity on payments to Contractor.
7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Administrator in a
timely manner, but no more than once on a monthly basis . Invoices shall identify the nature and extent
of the work performed; the total hours of work performed by employee category; and the respective
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hourly billing rate associated therewith. In the event Subconsultant work is used, the percentage of
comp letion shall be identified. Invoices shall also itemize and summarize any Add itional Services and/or
Re imbursable Expenses. A copy of the written approval of the Project Administrator for the requested
Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice .
7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records
hours for all work (by employee category), and cost itemizations for Reimbursable Expenses (by
category).
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
8.1 All books, records (whether financial or otherwise), correspo ndence, technical documents, and
any other records or documents related to the Services and/or Proj~ct will be available for examination
and audi t by the City Manager, or his/her authorized representaft yes, at Consultant's office (at the
address designated in Article 15 ["Notices"]), during customary business hours. All such records shall
be kept at least for a period of three (3) years after Consult~nt's completion of the Services. Incomplete
or incorrect entries in such records and accounts relatih9..._ personnel services and expenses may be
grounds for City's disallowance of any fees or expen ses based upon such entries. Consult~nt shall also
bind its Subconsultants to the requirements of this Article and ~nsure compliance therewith
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
9.1 All notes, correspondence, documents, plans and specifications, dei;igns, drawings, renderings ,
calculations, specifications, models, photographs, reports, surveys, in estigations, and any other
documents (whether completed or partially compfeted) aµd copyrig01s,,ttfe reto for Services performed or
produced in the performance of this Agreement, o related to the Project , whether in its native electronic
form, paper or other hard copy medium or in electrbnic mediu . , except with respect to copyrighted
standard details and desig hs owned by the Consult~nt or owned by a third party and licensed to the
Consultant for use and reproduction , shall become th ~roperty of the City. Consultant shall deliver all
such documents to th e Project Administrator in their native e lectronic form, as required in the Consultant
Service Order within thirty (30) days of completion of th efservices (or within thirty (30) days of expiration
or earlier termination o this Agreement as the case may be). However, the City may grant an exclusive
license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions
thereof as,authorized by the City Manager in advance and in writing, In addition, the Consultant shall not
disclose, release , or make available any docu ent to any third party without prior written approval from
the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and
reproduce any standard details ~nd designs owned by a third party and used or reproduced by the
Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude
any document from Chapter 119, Florida Statutes.
9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior
written approval of the City Manager.
9 .3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt
copyrighted material for additional or other work for the City; however, payment to the Consultant for
such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt
the original copyrighted material to a new site.
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9.4 The City shall have the right to modify the Project or any components thereof without permission
from the Consultant or without any additional compensation to the Consultant. The Consultant shall be
released from any liability resulting from such modification.
9.5 The Consultant shall bind all Subconsultants to the Agreement requirements for re-use of plans
and specifications.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entify and is subject to the
appropriation of funds by its legislative body in an amount sufficien to allow continuation of its
performance in accordance with the terms and conditions of this Ag~~ment. In the event there is a lack
of adequate funding either for the SeNices or the Project (or both), the City may terminate this
Agreement without further liability to the City. -
10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this
Agreement for cause, upon written notice to Consultant, in..-the event that the Consultant 1) violates any
provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of
the SeNices or any portion thereof; or (3) does not perform t e Services or any portion thereof in a
timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first
be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default
from the City).
10.2 .1 In the event this Agreement is ter~inated for; cause by the City, the City, at its sole option
and discretion, may take over the remaining SeNices and complete them by contracting with
another consultant(s), or otherwise. The Cons i;ttant shall bel.'li ~ble to the City for any additional
cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the
difference between t e actual cost of complet"on of the Services, and the cost of completion of
such SeNices had the Agreement not been terminated.
10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay
Consultant for those SeNices satisfactorily performed and accepted prior to the date of
termination (as sach date is set forth in, or can be calculated from, the City's initial written default
notice). Upon payment of any amount which may be due to Consultant pursuant to this
subsection 10.2.2, the Gity shall have no further liability to Consultant.
10.2.3 As a condition precedent to release of any payment which may be due to Consultant
under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project
Administrato any and all Project documents prepared (or caused to be prepared) by
Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City
shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery
of Project document pursuant to this subsection.
10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the
City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written
notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it
deems such termination to be in the best interest of the City. In the event the City terminates the
Agreement for convenience, Consultant shall be compensated for all SeNices satisfactorily performed
and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's
costs in assembly and delivery to the Project Administrator of the Project documents (referenced in
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subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this
subsection 10 .3, the City shall have no further liability to Consultant.
10 .4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for
cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any
provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In
the event of a termination for cause by Consultant, the City shall pay Consultant for any Services
satisfactorily performed and accepted up to the date of termination; provided, however, that the City
shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial
written notice). --'
10.4.1 The Consultant shall have no right to terminate this Agreement for convenience.
10.5 IMPLEMENTATION OF TERMINATION: In the event of t~rmination (whether for cause or for
convenience), the Consultant shall immediately, upon receig.t of he City's written notice of termination:
(1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except
for those which may have already been approved, in writing, by the Project Administrator;-(3-) terminate
all existing orders and subcontracts; and (4) promptly asse ble all Project documents (for delivery to
the Project Administrator). ·
11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required
insurance coverage in full force and effect. The Consultant shall no t!' commence any work until .....
satisfactory proof of all required insurance coverage has been furnished to the Project Administrator:
/ (a) Workers' Compensation and Employer's Liability ger the Statutory limits of the State of
Florida. ii'
(b) Commercial General Liability on a comprehensive basis in an amount not less than
$1,0oo;ooo combined single limit per occarrence for bodily injury and property damage.
(c) Automobile Liability Insurance covering owned, non-owned and hired vehicles used in
connection with the work, in an amou not less than $500,000 combined single limit per
occurrence for bodily injury and property damage.
(o) Professional iability Insurance in an amount not less than $1,000,000 with the deductible
I per claim, if any, not to exceed 10% of the limit of liability.
11.2 The Cit must be named as and additional insured on the liability policies; and it must be stated
on the certificate.
11.3 The Consultan must give the Project Administrator at least thirty (30) days prior written notice of
cancellation or of subs antia modifications in any required insurance coverage. All certificates and
endorsements shall contain this requirement.
11.4 The insurance must be furnished by an insurance company rated A:V or better, or its equivalent,
according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in
the State of Florida, and countersigned by the company's Florida resident agent.
11.5 Consultant shall provide the Project Administrator with a certificate of insurance of all required
insurance policies. The City reserves the right to require a certified copy of such policies, upon written
request to Consultant.
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ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
12.1 To the fullest extent permitted by Section 725.08, Florida Statutes, the Consultant shall indemnify
and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities,
damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other
persons employed or utilized by the Consultant in the performance of this Agreement.
The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend
all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including
appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon.
Consultant expressly understands and agrees that any insurance protection required by this Agreement
or otherwise provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save
harmless and defend the City or its officers, employees, agents, and instrumentalities as herein
provided.
12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for any
claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or
omissions of the Consultant in which the City participated either through review or concurrence of the
Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or other
acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the
Consultant (including , without limitation its Suoconsultants and/or any registered professionals
(architects and/or engineers) under this Agreement).
13.1 · ERRORS AND-OMISSIONS: It is specifically agreed-that any construction changes categorized
· by the City as caused by an error, an omission, or an~ combination thereof in the Contract Documents
that were prepared by the Consultant will constitute an additional cost to the City that would not have
been incurred without the error. The damages to the City for errors, omissions or any combinations
thereof shall be calculated as the total cost of any damages or incremental costs to the City resulting out
of the errors or omissions by the Consultant, including, without limitation, the direct, indirect and/or
consequential damages resulting from the Consultant's errors and/or omissions or any combination
thereof.
Damages shall include delay damages caused by the error, om1ss1on, or any combination thereof.
Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or
any combination ttiereof, the Consultant may appeal this determination, in writing, to the applicable
Assistant City Manager. The Project Administrator's decision on all claims, questions and disputes shall
be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or
unreasonable. In the event that the Consultant does not agree with the decision of the Project
Administrator, the Consultant shall present any such objections, in writing, to the City Manager. The
Project Administrator and the Consultant shall abide by the decision of the City Manager. This
paragraph does not constitute a waiver of any party's right to proceed in a court of competent jurisdiction
after the above administrative remedies have been exhausted.
ARTICLE 14. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability
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for any cause of action for money damages due to an alleged breach by the City of this Agreement, so
that its liability for any such breach never exceeds the "not to exceed" amount of the fee paid to
Consultant under this Agreement, less any amount(s) actually paid to Consultant hereunder. Consultant
hereby expresses its willingness to enter into this Agreement, with Consultant's recovery from the City
for any damages for action for breach of contract to be limited to Consultant's "not to exceed" fee under
this Agreement, less any amount(s) actually paid by the City to the Consultant hereunder.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby
agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by
the City of this Agreement, in an amount in excess of the "not to exceeg amount" of Consultant's fees
under this Agreement, which amount shall be reduced by any amount(s) actually paid by the City to
Consultant hereunder.
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a
waiver of the limitation placed upon City's liability, as set fort An s'e~tion 768.28, Florida Statutes.
All written notices given to City by Consultant shall be addressed to:
City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: -Jimmy L. Morales, City Manager
With a copy to:
City Manager's Office
City of Miami Beac9
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Eric T. Carpenter, Assistant City Manager,
I'
All written notices given to the Consultant from the City shall be addressed to:
Attn:
All notices mailed to eit · er party shall be deemed to be sufficiently transmitted if sent by certified mail,
return receipt requested.
ARTICLE 16. MISCELLANEOUS PROVISIONS
16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of
the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in
state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING
INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER
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PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate
against any employee or applicant for employment for work under this Agreement because of race,
color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial
status, or age, and will take affirmative steps to ensure that applicants are employed and employees are
treated during employment without regard to race, color, national origin, religion, sex, gender identity,
sexual orientation, disability, marital or familial status, or age .
16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section
287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to the City, may not submit a bid on a contract with the City for the
construction or repair of a public building or public work, may not bia on leases of real property to the
City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant
under a contract with the City, and may not transact business with the City in excess of t~e threshold
amount provided in Section 287.017, Florida Statutes, for G tegory Two, for a period of 3_9 months from
the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City .,
shall have the right to terminate the Agreement without any lia i ity to City, and pursue debarment of
Consultant
16.4 NO CONTINGENT FEE: Consultant warrant&..that it has not employed 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 fo pay any person, cog:ipany, corporation, individual or
firm, other than a bona fide employee working solely for Consultan , any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this subsection, City shall have the right to terminate the Agreement,
without any liability or, at its discretion, to deduct fro the contract price (or otherwise recover) the full
amount of such fee, commission, percentage, gift, or consideration .
16.5 LAWS AND REGULATIONS:
16.5 1 The Consultant shall, during the Term of this Agreement, be governed by all Applicable
Laws which may; have a oearin on the Services involved in the Project.
16.5.2 Project Document . In accordance with Section 119.07 (3) (ee), Florida Statutes,
e titled "Inspection, Examination, and Duplication of Records; Exemptions," all building
plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and
final formats, are exempt from the provisions of Section 119.07( 1 ), Florida Statutes
(inspection and copying of public records), and s . 24(a), Article I of the State
Constitution . Information made exempt by this paragraph, with prior written approval
from the City Manager, may be disclosed to another entity to perform its duties and
responsibilities; to a licensed architect, engineer, or contractor who is performing work on
or related to the Project; or upon a showing of good cause before a court of competent
jurisdiction. The entities or persons receiving such information shall maintain the exempt
status of the information.
16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant
agrees to abide by all applicable Federal, State, and City procedures, as may
be amended from time to time, by which the documents are handled, copied,
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and distributed which may include, but is not limited to, each employee of
Consultant and Subconsultants that will be involved in the Project being
required to sign an agreement stating that they will not copy, duplicate, or
distribute the documents unless authorized by the City Manager, in writing.
16 .5.2.2 The Consultant and its Subconsultants agree in writing that the Project
documents are to be kept and maintained in a secure location.
16.5.2.3 Each set of the Project documents are to be numbered and the whereabouts
of the documents shall be tracked at all times. /
16.5.2.4 A log is developed to track each set of documents logging in the date, time,
and name of the individual(s) that work on or view the-documents.
16.6 CORRECTIONS TO CONTRACT DOCUMENTS: T e Co11sultant shall prepare, without added
compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities
which may exist in the Contract Documents prepared by Consultant ?,. including documents prepared by
its Subconsultants. Compliance with this subsection shalf not be construed to relieve the Consultant
from any liability resulting from any such errors, omissidns, and/or; ambiguities iri the Contract
Documents and other documents or Services related thereto. /
16.7 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other
person, firm, association or corporation, in whole or in part, without the prio f written consent of the City
Commission, which consent, if given at all, shall be at the Gommiss Lon's sole option and discretion .
However, the Consultant will be permitted to cause .,,portions of ttre Services to be performed by
Subconsultants, subject to the prior ritten approva ~o the City Manager.
16.8 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her
partners, successors, legal representatives and assigns.Jo the other party of the Agreement and to the
partners, successors, legal representatives, and assign ~of such party in respect to all covenants of this
Agreement. The Consultant shall afforg ttie City (through the City Commission) the opportunity to
approve or rejeEt all proposed assignees, succes~ors or other changes in the ownership structure and
compositio of the Consultant. Failure to do so constitutes a breach of this Agreement by the
Consulta t.
16.9 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the
Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages,
materials, equipment, Subconsultants, and other purchased services, etc., as necessary to complete
said Services. I
16.10 INTENT OF AGREl§,MENT:
16.10.1 Tlie intent of the Agreement is for the Consultant to provide design and other
services, and to include all necessary items for the proper completion of such services for a fully
functional Project which, when constructed in accordance with the design, will be able to be used
by the City for its intended purpose. The Consultant shall perform, as Basic Services, such
incidental work which may not be specifically referenced, as necessary to complete the Project.
16 .10 .2 This Agreement is for the benefit of the parties only and it does not grant rights to
a third party beneficiary, to any person , nor does it authorize anyone not a party to the
RFQ 2018 -312 -KB 57
MIAMI BEACH
Agreement to maintain a suit for personal injuries, professional liability, or property damage
pursuant to the terms or provisions of the Agreement.
16 .10.3 No acceptance, order, payment, or certificate of or by the City, or its employees or
agents, shall either stop the City from asserting any rights or operate as a waiver of any
provisions hereof or of any power or right herein reserved to the City or of any rights to damages
herein provided.
16 .11 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to tie matters contained herein;
and the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms Hereof shall be predicated
upon any prior representations or agreements wltethen oral or writfe . It is further agreed
that no modification, amendment or alteration i , the terms or conditions contained herein
shall be effective unless memorialized in written document approval and executed with the
same formality and of equal dignity herewith.
IN WITNESS WHEREOF, the parties hereto have hereunto caused thes~ presents to qe signed in their
names by their duly authorized officers and principals, attested by their respective witnesses and City
Clerk on the day and year first hereinabove,.written.
Attest ClTY OF MIAMI BEACH:
CITY CLERK
Attest
Sig nature/Secretary
Print Name
RFQ 2018-312 -KB 58
MIAMI BEACH
SCHEDULE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
CONSUL TANT SERVICE ORDER
Service Order No. _ for Consulting Services.
TO:
PROJECT NAME: Project Name
DATE:
Pursuant to the agreement between the City of Miami Beach and Consultant for PROFESSIONAL
ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-
NEEDED" BASIS (RFQ 2014-146-YG) you are directed to provide the following services:
SCOPE OF SERVICES:
Per attached proposal dated ______ , to be considered part of this Agreement.
Estimated calendar days to complete this work:
Original Service Order Amount:
Total From Previous Additional Service Orders:
Fee for this Service Order is Lump Sum/Not to Exceed amount
of:
Total Agreement to Date:
City's Project
Coordinator/Manager
Assistant Director
Project Administrator-Director
RFQ 2018-312-KB
Date
Date Consultant.
Date
$
$
$
$
Days
Date
59
Planning Services *
Design Services*
Bidding and Award Services
Construction Administration **
Reimbursable Allowance***
MIAMI BEACH
SCHEDULE B
CONSULTANT COMPENSATION
Schedule of Payments
$XXXXXXXX
$XXXXXXXX
$XXXXXXXX
$XXXXXXXX
$XXXXXXXX
Note*: These services will be paid lump sum based on percentage complete of each phase as
identified in the individual tasks.
Note**: Construction Administration will be paid on a monthly basis upon commencement of
construction.
In the event that, through no fault of the Consultant, Construction Administration services are
required to be extended, which extension shall be subject to prior City approval, and what shall
be at the City's sole discretion, the Consultant agrees to extend said services for $XXXXXX, per
month, for the duration required to complete the Project.
Note***: The Reimbursable Allowance belongs to the City and must be approved in writing, in
advance, by the Project Administrator. Unused portions will not be paid to the Consultant.
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MIAMI BEACH
HOURLY BILLING RATE SCHEDULE
l'
RFQ 2018-312 -K B 61
RFQ 2018 -312 -KB
MIAMI BEACH
SCHEDULE C
APPROVED SUBCONSUL TANTS
62
MIAMI BEACH
ATTACHMENT A
RESOLUTION, COMMISSION ITEM, AND COMMISSION MEMORANDUM
RFQ 2018-312-KB 63
MIAMI BEACH
ATTACHMENT B
REQUEST FOR QUALIFICATIONS (RFQ)
RFQ 2018-312 -KB 64
RFQ 2018-312 -KB
MIAMI BEACH
ATTACHMENT C
CONSULTANT'S RESPONSE TO THE RFQ
I
65
APPENDIX E
MIAMI
2018-312-KB
M0ster Des·gn ~onsultant for Integrated
RFQ 20 l 8-312 -KB
W <ater Management
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
66
xxx 1.
XXX2.
xxx 3.
4.
XXX5 .
6.
MIAMI BEACH
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the consultant is required to
maintain throughout the term of the contract and any renewal periods.
Workers' Compensation and Employer's Liability per the Statutory limit(of the state of Florida.
Comprehensive General Liability (occurrence form), limits of liability$ 1 ,000,000.00 per occurrence for
bodily injury property damage to include Premises/ Operation1$; Products, Completed Operations and
Contractual Liability . Contractual Liability and Contractual Indemnity (Hold harmless endorsement
exactly as written in "insurance requirements" of specifications).
Automobile Liability -$1,000,000 each occurrence -owned/non-owned/hired automobiles included .
Excess Liability -$ ___ .00 per occurrence to follow the primary coverages.
The City must be named as and additional insured on the liability poliCies; and it must be stated on the
certificate.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_Protection and rndemnity
_ Employee Dis onesty Bond
Other I
Thirty (30) days written cancellation notice required.
Best's guide rating B+:VI or better, latest edition.
,. ___ .00
__ .00
.00 --;(oo
___ .00
___ .00
Jhe certificate m st state the proposal number and title
The City of Miami Beach is self-insured. AnY, and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
RFQ 20 18-312-KB 67