C2A-Issue RFQ A-E Services For Middle Beach Recreational Corridor - Phase III Prlntended Outcome Su
Enhance Beautification And Cleanliness Of City Owned Corridors
Supporting Data (Surveys, Environmental Scan, etc.): N/A
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST APPROVAL TO ISSUE A REQUEST FOR QUALTFTCATTONS (RFa) NO.2015-
127-JR FOR ARCHITECT & ENGINEERING SERVICES FOR THE MIDDLE BEACH
RECREATIONAL CORRIDOR - PHASE III PROJECT
ltem Sum
The City is a consultant to provide design, permitting, and owner's representative services for
the proposed Miami Beach Recreational Corridor (MBRC) between 24 Street and 45 Street
(hereinafter referred to as the "Project"). The purpose of the Project is to create a multi-purpose
public access corridor, within the footprint of the existing wooden boardwalk, which extends
along the western edge of the dune immediately east of the oceanfront properties. Generally,
the Project consists of a 15 foot wide paver pathway and corresponding landscaping.
The Project will interconnect area business districts, cultural/tourism centers, residential
neighborhoods, parking facilities, parks, schools and the beaches. The Project will be
approximately 6,000 linear feet running in a north-south direction connecting 24 Street and 45
Street. lt should be noted that there are two segments along this stretch that will be constructed
by the upland property owner: 29 Street to 30 Street and 33 Street to 36 Street. These two
segments are not included in this scope of work.
The Administration is seeking approval to issue Request for Qualifications (RFO) 2015-127-JR
to solicit proposals from qualified consultants to provide design, permitting, and owner's
representative services for the Project. The RFQ (attached) details the scope of services,
minimum qualifications and evaluation criteria.
The City Manager recommends that the Mayor and City Commission authorize the issuance of
RFQ 2015-127-JR for Architect & Engineering Services for the Middle Beach Recreational
Corridor - Phase lll Proiect.
Clerk's Office Tracki
n-Offs:
T:\AGENDI
SUMMARY
FQ 2015-127-JR -Corridor Phase lll Project -
AGENDA ITEM c2+
3-ll-t5
Board Recommendation:
Financial lnformation :
N/A
Financial Impact Summary: N/A
Alex Denis, Director Ext # 6641
E MIAMIBEACH DATE23
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City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: March 11,2015
the City ssron
SUBJECT: REQUEST APPROVAL TO ISSUE h REOUEST FOR QUALIFICATIONS (RFO) NO.
2015-127-JR FOR ARCHITECT &NEERING SERVICES FOR THE MIDDLE
BEACH RECREATIONAL CORRIDOR - PHASE III PROJECT
ADMINISTRATION RECOMM EN DATION
Approve the issuance of the RFQ.
BACKGROUND
The City is a consultant to provide design, permitting, and owner's representative services for
the proposed Miami Beach Recreational Corridor (MBRC) between 24 Street and 45 Street
(hereinafter referred to as the "Project"). The purpose of the Project is to create a multi-purpose
public access corridor, within the footprint of the existing wooden boardwalk, which e)dends
along the western edge of the dune immediately east of the oceanfront properties. Generally,
the Project consists of a 15 foot wide paver pathway and corresponding landscaping.
The Project will interconnect area business districts, cultural/tourism centers, residential
neighborhoods, parking facilities, parks, schools and the beaches. The Project will be
approximately 6,000 linear feet running in a north-south direction connecting 24 Street and 45
Street. lt should be noted that there are two segments along this stretch that will be constructed
by the upland property owner: 29 Street to 30 Street and 33 Street to 36 Street. These two
segments are not included in this scope of work.
The Administration is seeking approval to issue Request for Qualifications (RFO) 2015-127-JR
to solicit proposals from qualified consultants to provide design, permitting, and owner's
representative services for the Project. The RFQ (attached) details the scope of services,
minimum qualifications and evaluation criteria.
CITY MANAGER'S RECOMMENDATION
The City Manager recommends that the Mayor and City Commission authorize the issuance of
RFQ 2015-127-JR for Architect & Engineering Services for the Middle Beach Recreational
Corridor- Phase lll Project.
ATTACHMENTS
nfO ZOtS-127-JR for Architect & Engineering Services for the Middle Beach Recreational
Corridor- Phase lll Project
JLM/KGB/MS/AD
T:\AGENDA\2015\March\Procurement\RFQ 2015-127-JR - Middle Beach Recreational Corridor Phase lll Proiect - ISSUANCE MEMO.docx
24
REQUEST FOR QUAL|F|CAT|ONS (RFe)
Archirecf qnd Engineering Services for the Middle
Beqch Recreqtionql Corridor
RFQ 2OI5.I 27.JR
RFQ ISSUANCE DATE: MARCH 12,2015
STATEMENTS OF QUALIFICATIONS DUE: APRIL 8,2015 AT 3:00 PM
ISSUED BY:
MIAMIBEACH
Joe V. Rodriguez, CPPB, FCCM, Procuremenl Coordinotor
PROCUREMENT DEPARTMENT
17OO Convention Center Drive, Miomi Beoch, FL 33.l39
305.623 .7 490 x.6263 | Fox: 7 86-39 4-5 49 4 | ioerodriguez@miomibeochfl. gov
www.miomibeochfl.gov
25
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TABLE OF CONTENTS
SOLIGITATION SEGTIONS:
OlOO NOT UTILIZED
O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
O3OO SUBMITTAL INSTRUCTIONS & FORMAT
O4OO STATEMENT OF QUALIFICATIONS EVALUATION
APPENDICES:
APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS
APPENDIX B "NO BID" FORM
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS
APPENDIX D SPECIAL CONDITIONS
APPENDIX E INSURANCE REQUIREMENTS
APPENDIX F SAMPLE CONTRACT
APPENDIX G INTER-LOCAL AGREEMENT WITH MPO & MIAMI BEACH
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RFA 2015-127-JR
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INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Qualifications (RFO) 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, conditions and obligations of the
Proposer and,subsequently,thesuccessful proposer(s) (the"contractor[s]")ifthisRFQresultsinanaward.
The City utilizes PublicPurchase (www.publicpurcha ) 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. PURPOSE.
The City of Miami Beach is soliciting "Statements of Qualifications" that the City may utilize to select a consultant to
complete the demolition and construction of the Middle Beach Recreation Corridor (MBRC) which includes a 15'
wide paver pathway and aesthetic landscape from 24 Street to 45 Street. For the purposes of this RFQ, the
selection process will be based on qualifications. No proposal for specifics to the Middle Beach Recreational Corridor
(MBRC) is being requested, nor will be considered, at this time. The City may utilize the consultant services for the
following tasks;o Conceptual plans, diagrams, material guidelines, and illustrative details that incorporate general elements
and design direction.. Construction Design. Permitting: Florida Department Environmental Protection Coastal Construction Control Line.. OwnersRepresentative
The City is seeking services from a consulting firm or team relative to the design, permitting, and implementation of
the proposed MBRC between 24 Street and 45 Street. The purpose of the Project is to create a multi-purpose public
access corridor, within the footprint of the existing wooden boardwalk, which extends along the western edge of the
dune immediately east of the oceanfront properties.
The corridor will interconnect area business districts, cultural/tourism centers, residential neighborhoods, parking
facilities, parks, schools and the beaches. The corridor will be approximately 6,000 linear feet running in a north-
south direction connecting 24 Street and 45 Street, lt should be noted that there are two segments along this stretch
that will be constructed by the upland property owner: 29 Street to 30 Street and 33 Street to 36 Street. These two
segments are not included in this scope of work.
The corridor will be designed with a minimum width of 1S{eet on-grade path that provide ocean views where the
topography of the dune permits. The pathway will be constructed of pavers with connections at street ends and
other public access areas, The scope of work will include dune restoration and enhancement as part of the prolect.
The City's construction cost budget for the Project is $12,570,000.
For the purposes of this RFQ, the selection process will be based on qualifications. Following the City Manage/s
recommendation and the City Commission's acceptance of the ranking of proposers, the Administration will
negotiate an agreement for services and fees with the Proposer deemed to be most qualified. ln the event the
Administration is unable to negotiate an agreement with the most qualified firm, the Administration will negotiate with
other proposers in order of rank.
This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants Competitive Negotiations
Act (CCNA).
RFQ 20 t 5-1271R
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3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows:
Solicitation lssued March 12,2015
Pre-Submittal Meeting March 24,2015 at 10:00 AM
Deadline for Receipt of Questions March 31,2015 at 5:00 PM
Responses Due April 8, 2015 al3:00 PM
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing Negotiations TBD
Contract Negotiations Following Commission Approval
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4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranado@miamibeachfl.qov or facsimile: 786-394-4188. The Bid title/number shall be referenced on all
correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days
prior to the date Statement of Qualifications are due as scheduled in Section 0200-3. All responses to
questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
Procurement Contact:Telephone:Email:
Joe V. Rodriguez, CPPB, FCCM 305-673-7490, EXT 6263 ioerodrisuez@miamibeachfl.qov
Additionally, the City Clerk is to be copied on all communications via e-mail at:
Rafaelq ran ado@miamibeachfl.qov; or via facsimile: 786-394-4 1 88.
5. PRE-STATEMENTS OF QUALIFICATIONS 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 Solicitation Timeline above at the following address:
City of Miami Beach
City Hall - 4th FIoor
City Manager's Large Conference Room
1700 Convention Center Drive
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 the Pre-Proposal 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: 4142489
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFQ expressing their intent to participate via telephone.
6. PRE.STATEMENTS OF QUALIFICATIONS 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
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information received at pre-submittal meeting or site visit(s), Only questions answered by written addenda will be
binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase.
7. CONE 0F SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been fonruarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at:
http://librarv.municode.com/index.aspx?clientlD= 13097&statelD=9&statename=Florida
Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly
prohibited with the of exception communications with the Procurement Director, or his/her administrative staff
responsible for administering the procurement process for this solicitation providing said communication is limited to
matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be
submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at
rafaelqranado@miam ibeachfl.qov
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 ://web. miamibeachfl.qov/procu remenUscroll. aspx?id=235 1 0
. CONE OF SILENCE ... CITY CODE SECTION 2486r PROTEST PROCEDURES CITY CODE SECTION 2-371. DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2485.3
o LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.... CITY CODE SECTIONS 2481 THROUGH2-406
o CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENTISSUES,......,.., CITY CODE SECTION 2488. REQUIREMENT FOR CITY CONTRACTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS...... CITY CODE SECTION 2.373
r LIVING WAGE REQUIREMENT..... CITY CODE SECTIONS 2407 THR0UGH2-410r PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE.CERTIFIED SERVICE.
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2.374. FALSE CLAIMS 0RD|NANCE.... CITY CODE SECTION 70-300
o ACCEPTANCE 0F GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF QUALIFICATIONS. The City reserves the right to
postpone the deadline for submittal of Statement of Qualifications 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
PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No.2011-
3748, the City shall give a five (5) point preference to a responsive and responsible proposer which is a small
business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise.
12. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Statement of Qualifications, will be considered by the City Manager who may recommend to the City Commission
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the propose(s) s/he deems to be in the best interest of the City or may recommend rejection of all Statement of
Qualifications. The City Manager's recommendation 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 skill of the proposer to perform the contract.
(2) Whether the proposer can perform the contract within the time specified, without delay or interference,
(3) The character, integrity, 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 Proposer
(s) which it deems to be in the best interest of the City, or it may also reject all Statement of Qualifications. 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 cost of services.
13. ACCEPTANCE 0R REJECTION OF RESPONSES. The City reserves the right to reject any or all Statement of
Qualifications prior to award. Reasonable efforts will be made to either award the Contract or reject all Statement of
Qualifications within one-hundred twenty (120) calendar days after Statement of Qualifications opening date, A
proposer may not withdraw its Statement of Qualifications unilaterally before the expiration of one hundred and
twenty (120) calendar days from the date of Statement of Qualifications opening.
14. PROPOSER'S RESPONSIBILITY. Before submitting a Statement of Qualifications, each Proposer shall be
solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to
ascertain all conditions and requirements affecting the full performance of the contract. lgnorance of such conditions
and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the
Proposer 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 monetary consideration on the part
of the Proposer.
15. COSTS INCURRED BY RESPONDENTS. All expenses involved with the preparation and submission of
Statement of Qualifications, or any work 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 reimbursed by the City.
16. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposals hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Propose/s employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
17. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
't8. MISTAKES. Proposals are expected to examine the terms, conditions, specifications, delivery schedules,
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 Statement of Qualifications being non-responsive.
19. 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. lnvoices must be
consistent with Purchase Order format.
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20. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its
officers, employees, contractors, 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. lf 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 royalties or cost arising from the use of such design, device, or materials in
any way involved in the work.
21. 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 be provided 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 and all documentation, certification, authorization, 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, authorizations, 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 required to enter or go 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 and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies
with all applicable laws, The consultant shall be liable for any damages or loss to the City occasioned by negligence
of the proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
23. ANTI-DISCRIMINATION. The proposer certifies that he/she 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.
24. ASSIGNMENT. The successful proposer shall not assign, transfer, convey, sublet or othenruise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
25. LAWS. PERMITS AND REGULATIONS. The proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
26. OPTIONAL CONTRACT USAGE. When the successful proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
27. VOLUME OF WORK TO BE RECEIVED BY CONSULTANT. lt is the intent of the City to purchase the goods
and services 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
through the City's spot market purchase provisions,
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28. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The proposer's proposal in response to the solicitation.
29. INDEMNIFICATION. The consultant shall indemnify and hold 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
subcontractors. 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 consultant
expressly understands and agrees that any insurance protection required by this Agreement or othenarise 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.
30. 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 subsequent contract has not yet been
awarded. Additionalextensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the consultant.
31. FLORIDA PUBLIC RECORDS LAW. Proposals are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s, 24(a), Arl.1 of the State Constitution untilsuch time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Consultant agrees to be in full compliance with Florida Statute 119.0701 including, but 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) provide 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 othenruise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public 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 public records disclosure requirements. 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.
32. MODIFICATIONMITHDRAWALS OF QUALIFICATIONS. A Proposer may submit a modified Statement of
Qualifications to replace all or any portion of a previously submitted Statement of Qualifications up until the
Statement of Qualifications due date and time. Modifications received after the Statement of Qualifications due date
and time will not be considered. Statement of Qualifications shall be irrevocable until contract award unless
withdrawn in writing prior to the Statement of Qualifications due date, or after expiration of 120 calendar days from
the opening of Statement of Qualifications without a contract award. Letters of withdrawal received after the
Statement of Qualifications due date and before said expiration date, and letters of withdrawal received after contract
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award will not be considered.
33. EXCEPTIONS TO RFQ. Proposals must cleady indicate any exceptions they wish to take to any of the terms in
this RFQ, and outline what, if any, alternative is being offered, AII exceptions and alternatives shall be included and
clearly delineated, in writing, in the Statement of Qualifications. The City, at its sole and absolute discretion, may
accept or reject any or all exceptions and alternatives, ln 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).
34. ACCEPTANCE OF GIFTS, FAVORS. SERVICES. Proposals shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Statement of Qualifications, Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept
any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties,
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SUBMITTAL 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 USB 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. Statements 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 of Statement of Qualifications will
be considered Iate and not be accepted or will be returned to proposer unopened. The City does not accept
responsibility for any delays, natural or othenruise.
3. STATEMENTS OF QUALIFICATIONS FORMAT. ln order to maintain comparability, facilitate the review process
and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that
Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below.
Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references.
Electronic copies should also be tabbed and contain a table of contents with page references. Statement of
Qualifications that do not include the required information will be deemed non-responsive and will not be considered.
Cover Letter & Minimum Qualifications Requirements
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.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
ions requirements established in Appendix C, Minimum Requirements and Specificati
ience & 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 of services as identified in this solicitation, including experience in
providing scope of services to public sector agencies. Submit at least three (3) references as evidence of the firms
relevant experience for each reference, submit the following:
. Client name, address, phone number, and email. Consultant (Architect or Engineer) name, address, phone number, and email. Description of the scope of the worko Role of the firm and responsibilities. Project commencement and completion dateso Total cost and/or fees paid to your firmo Total estimated and actual construction cost
2.2 Qualifications of Proposer Team (Architects and Engineers). Provide an organizational chart of all perconnel and
consultants to be used for this prolect if awarded, the role that each team member will play in providing the services detailed
herein and each team members' qualifications. A resume of each individual, including education, experience, and any other
pertinent information, shall be included for each respondent team member to be assigned to this contract.
2.3 Qualifications of Proposer Project Manager: Provide a comprehensive summary of the Project Manage/s experience
and qualifications. The Propct Manager must have a minimum of five (5) years' experience in the planning, desiqn, and
RFQ 2015-127)R r0
34
MIAMIBEACH
construction administration of streetscape and utility facilities in a coastalenvironment and managed a minimum of three
(3) previous projects having the same or similar size and scope.
2.4 Standard Form 330. The proposing firm shall submit a completed Standard From 330 (attached). No proposal will
be considered without this required form. ln addition to experience and qualifications considerations, the City may use
this information to consider the firm's previous and current workload.
2.5 Financial Capacity. Each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet, The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https://suoplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=1 1696
Proposals are responsible for the accuracy of the information contained in its SQR. lt is highly recommended that each
proposer 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.
and
Proposal shall describe its approach and methodology in accomplishing the goals of this RFQ as outlined below:
1. Develop the scope and deliverables of the desired project in conjunction with City officials and other
stakeholders as assigned by the City;
2. Complete the planning, permitting, design and construction management within the agreed to scope and
deliverables,
ln describing its approach and methodology, proposer shall provide detailed responses on how it will accomplish the
desired scopes of the project, by including (but not limited to) the following important elements:
1. Data collection.
2. Conceptual Design Development,
3, Public input.
4. Engineering & Landscape Design.
5. Environmental, sustainability, storm water, sea level rise and flooding concerns.
6, Coastal Permitting,
7. Construction administration.
Proposer shall also address how it plans to incorporate Small or Disadvantaged Firms in its delivery of services.
Note: After proposal submittal, the City reserves the right to require additional information from Proposer (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).
tlRFQ 2015-127)R
35
sEcTtoN 0400
MIAMIBEACH
STATEMENTS OF QUALIFICATIONS EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Statement of Qualifications in accordance with the requirements set forth in the solicitation. lf further information is
desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral
presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step
process as noted below. lt is important to note that the Evaluation Committee will score the qualitative portions of the
Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City
Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results
to make a recommendation to the City Commission.
2. Step 1 Evaluation. Proposals will be categorized into the discipline areas noted in section 0200-2 (Groups
A & B) prior to evaluation by the committee in order that proposals may be evaluated by category against
other proposers in that category. The first step will consist of the qualitative 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 Department of Procurement. An Evaluation Committee, appointed by the
City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria
established below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:
. review and score all Statement of Qualifications received, with or without conducting interview sessions; or. review all Statement of Qualifications received and short-list one or more Proposer to be further considered
during subsequent interview session(s) (using the same criteria).
Experience and Qualifications
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive
additional quantitative criteria points to be added by the Department of Procurement to those points earned in Step
1, as follows:
Veterans Preference
RFA 2015-127-JR 12
36
AAIAMIBEACH
4. 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. Step I and 2
scores will be converted to rankings in accordance with the example below:
Committee
Member 1
Step '1
Points 82 76 80
Step 2
Points 10 5 5
Total 92 81 B5
Rank 1 3 2
Commiftee
Member 2
Step 1
Points 85 85 72
Step 2
Poinfs 10 5 5
Total 95 90 77
Rank 2 3
Committee
Member 2
Step 1
Points 80 74 66
Step 2
Points 10 5 5
Total 90 79 71
Rank 1 2 3
,JJfl *ffi fl f ,31"T3lif J:ffi :l[ffi:iil'J;illiT.1T.1xffi ff i,T'
an award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final
ranking results.
5, Negotiations. Following the City Manager's recommendation and the City Commission's acceptance of the
ranking of proposers, the Administration will negotiate an agreement for services and fees with the Proposer deemed
to be most qualified. ln the event the Administration is unable to negotiate an agreement with the most qualified firm,
the Administration will negotiate with other proposers in order of rank,
Rr-Q 2O t 5-1'.2/lR t3
37
APPENDIX A
MIAMIBEACH
Response Certificotion,
auestionnoire &
Req uirements Affid ovit
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCUREMENT,I700 Convention Center Drive
Miomi Beoch, Florido 33,l39
Rr-Q 20 t 5-t'2/lR 14
38
Solicitation No:
RFQ 2015.127.JR
Solicitation Title:
Middle Beach Recreational Corridor (MBRC)
Procurement Contact:
Joe V. Rodriquez, CPPB, FCCM
Tel:
305-673-7000 x. 6263
Email:
ioerodriquez@miamibeachfl ,oov
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 and 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 be submitted fully completed and
executed.
1. General Proooser lnformationGeneral Proposer lnformation.
FIRM NAME:No. of Employees:
No of Years in Business:No of Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
UI IY
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO,:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO,:
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 licensure, 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.
Rr-Q 20 t 5- t'2/1R 15
39
2.
Veteran Owned Business. ls proposer claiming a veteran owned business status?f--l ves [--l r,ro
SUBMITTAL REQUIREMENT: Proposals 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.
Conflict Of lnterest. All Proposals must disclose, in their Statement of Qualifications, 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
Proposals 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.
SUBMITTAL REQUIREMENT: Proposals 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. Proposals must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (1 0%) percent or more in the Proposer entity or any of
its affiliates
Litigation History. Respondent shall submit a statement of any litigation or regulatory action that has been filed against your
firm(s) in the last ten years. lf an action has been filed, state and describe the litigation or regulatory action filed, and identify the
court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such
reported action. lf no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. lf "No"
litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete
answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection
process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this
project.
SUBMITTAL REQUIREMENT: Prime Respondent shall submit history of litigation or regulatory action flled against respondent, or
any respondent team member firm, in the past ten (10) years. lf Respondent has no litigation history or regulatory action in the past
10 years, submit a statement accordingly.
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 solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?
l__-l vEs [-l rrro
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposals 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. Proposals 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 disqualification of their Statement of Qualifications, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response
or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
6.
Rr-Q 2U t 5- 1'.2/)R t6
40
8.
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln 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 www. miamibeachfl .gov/procuremenV.
ame may Ue amenOe
below;. eurrently; the heurly living wage rate is $11,28/hr with health benefits ef at least $1,64 an heur; er a living wage ef net
The living wage rate and health eare benefits rate may, by Reselutien ef the eity eemprissien be indexed annually fer inflatien
ssi
@
Prepesers' failure te eemply with this previsien-shall be deemed a material breaeh under this hid, under whieh the eity may, at its
epeser as nen res^ensive, and may further subjeet prepeser te additienal penalties and
rther infermatien abeut tiving Wage requirements,
i+reguired, By vntue ef exeeuting this affidavit deeument, Prepeser agrees
@
Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over $100,000 whose contractors maintain 51 or more fulltime employees on their payrolls during 20 or more
calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Beneflts" to their
employees with domestic partners, as they provide to employees with spouses. fhe Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contracto/s employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach.
A.
B.
Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?
l__-l vrs l--_l ruo
C. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic pa(ners* or to
domestic partners of employees?
D.f--l vrs [__--] r,ro
E. Please check all benefits that apply to your answers above and list in the "othe/' section any additional benefits not
already specified. Note: some benefits are provided to employees because they have a spouse or domestic
partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such
as medical insurance.
BENEFIT Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
9.
RFa 2015-127)R 17
41
10.
Bereavement Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., 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
Benefi ts requirement is available at www.miamibeachfl . gov/procuremenU.
Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently 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 submit
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 public building or public work; may not submit
proposals, Statement of Qualifications, or replies on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s, 287.017 for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. 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.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposer 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, Proposals are solely
responsible for assuring they have received 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 addendum may result in proposal disqualification.
lnitial to Confirm
Receint
lnitial to Confirm
Receiot
lnitial to Confirm
Receint
Addendum 1 Addendum 6 Addendum 1 1
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover.
11.
RFa 20t 5-t271R IB
42
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.
ln 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 deviate from the solicitation, as it deems appropriate and in its
best interest. ln 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 further 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 Proposals. lt 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 the 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 these requirements will be selected for consideration, negotiation, or
approval,
The City shall have no obligation or liability with respect to this solicitation, the selection and 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 Qualiflcations submitted to the City
pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part 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 may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Government-in{he-Sunshine Law, and all Statement of Qualifications and supporting documents shall be
subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain
confidential to the extent permitted by 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 solicitation. 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 supplement 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 Qualifications is
true, accurate and complete, to the best of its knowledge, information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this 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.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
RFa 20t 5 127)R t9
43
I hereby certify that. l, 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 deflned 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 Affidavit are true and accurate.
Name of Proposer's Authorized Representative:Title of Proposer's Authorized Representative:
Signature of Proposer's Authonzed Representative:Date:
State of FLORIDA )
)
On this
-day
of
-,
20_, personally
appeared before me who
of
Countyof _) stated that (s)he is the
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 2U t 5- 1',2/1R 20
44
APPENDIX B
MIAMIBEACH
"No Bid" Form
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCUREMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
Rr-Q 20 t 5-t'2/lR tt
45
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT
THIS TrME FOR REASON(S) CHECKED AND/OR INDICATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient 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 producUservice
_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.
Signature:
Title:
Lega! Company Name:
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
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Joe V. Rodriguez, CPPB, FCCM
STATEMENTS OF QUALI FICATIONS #201 5.127.JR
1700 Convention Center Drive
MIAMI BEACH, FL 33139
KrQ 2U t 5- t'2/)R 22
46
APPENDIX C
MIAMIBEACH
Minimum Requirements
& Specificotions
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCU REMENT
lZ00 Convention Center Drive
Miomi Beoch, Florido 33,l39
RFa 2015127)R 23
47
C1, MINIMUM REQUIREMENTS:
The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit
detailed verifiable information affirmatively documenting compliance with each minimum
requirement. Proposals that fail to comply with minimum requirements will be deemed non-
responsive and will not be considered.
1. Proposer must have a minimum of three (3) years' experience.
2. Proposer must have completed at least three (3) prolects similar in scope and volume in
the last ten (10) years.
3. Proposer and its team members (Architects and Engineers) must be licensed by the
Florida Department of Business and Professional Regulation.
4. The Project Manager must have a minimum of three (3) years' experience in the planning,
design, and construction administration of streetscape and utility facilities in a coastal
environment and managed a minimum of three (3) previous projects having the same or
similar size and scope.
C2. SCOPE OF WORK REQUIRED.
The City of Miami Beach is soliciting "Statements of Qualifications" that the City may utilize to
select a consultant to complete the demolition and construction of the Middle Beach Recreation
Corridor (MBRC) which includes a 15' wide paver pathway and aesthetic landscape from24 Street
to 45 Street. For the purposes of this RFQ, the selection process will be based on qualifications.
No proposal for specifics to the Middle Beach Recreational Corridor (MBRC) is being requested,
nor will be considered, at this time. The City may utilize the consultant services for the following
tasks;
. Conceptual plans, diagrams, material guidelines, and illustrative details that incorporate
general elements and design direction.o Construction Designo Permitting: Florida Department Environmental Protection Coastal Construction Control
Line,. OwnersRepresentative
The City is seeking services from a consulting firm or team relative to the design, permitting, and
implementation of the proposed MBRC between 24 Street and 45 Street. The purpose of the
Project is to create a multi-purpose public access corridor, within the footprint of the existing
wooden boardwalk, which extends along the western edge of the dune immediately east of the
oceanfront properties.
The corridor will interconnect area business districts, cultural/tourism centers, residential
neighborhoods, parking facilities, parks, schools and the beaches. The corridor will be
approximately 6,000 linear feet running in a north-south direction connecting 24 Street and 45
Street. lt should be noted that there are two segments along this stretch that will be constructed by
the upland property owner: 29 Street to 30 Street and 33 Street to 36 Street. These two segments
are not included in this scope of work.
The corridor will be designed with a minimum width of 1S{eet on-grade path that provide ocean
Rr-Q 20 t5 t27tR 24
48
views where the topography of the dune permits, The pathway will be constructed of pavers with
connections at street ends and other public access areas. The scope of work will include dune
restoration and enhancement as part of the project. The City's construction cost budget for the
Project is $1 2,570,000.
Rr-o 2015 t'2/)R 25
49
APPENDIX D
MIAMIBEACH
Speciol Conditions
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCUREMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
RrQ 2015127-JR .Az\_)
50
1. TERM OF CONTRACT. Not Applicable.
2. OPTIONS TO RENEW. Not Applicable.
3. PRICES. Not Applicable.
4. EXAMINATION OF FACILITIES. Not Applicable.
5. !NDEMNIFICATION. Not Applicable.
6. PERFORMANCE BOND. Not Applicable.
7. REQUIRED CERTIFICATIONS. Not Applicable.
8. SHIPPING TERMS. Not Applicable.
9. DELIVERY REQUIREMENTS. Not Applicable.
10. WARRANTY REQUIREMENTS. Not Applicable.
11. BACKGROUND CHECKS. Not Applicable.
12. PRECLUSIONS. Not Applicable.
13. COMPETITIVE SPECIFICATIONS. lt 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 condition shall Consultant include
means & methods or product specifications that are considered "sole source" or restricted without
prior written approval of the City.
RrQ 20 t 5- t'2/)R a7L/
51
APPENDIX E
MIAMIBEACH
I nsuro nce Requirements
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCUREMENT MANAGEMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
Rr-Q 20 t 5- t'2/1R 28
52
MIAMIBEACH
INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES
The provider shall furnish to the Human Resources Department, Risk Management Division, City of
Miami Beach, 1700 Convention Center Drive, 3'd Floor, Miami Beach, Florida 33139, Certificate(s) of
lnsurance which indicate that insurance coverage has been obtained which meets the requirements as
outlined below:
A. Worker's Compensation and Employer's Liability lnsurance for all employees of the
provider as required by Florida Statute 440.
B. Commercial General Liability on a comprehensive basis in an amount not less than
$1,000,000 combined single limit per occurrence, for bodily injury and property damage.
City of Miami Beach must be shown as an additional insured with respect to this
coverage.
C. Automobile Liability lnsurance covering all owned, non-owned and hired vehicles used in
connection with the work, in an amount not less than $1,000,000 combined single limit per
occurrence for bodily injury and property damage.
D. Professional Liability lnsurance in an amount not less than $1,000,000 with the deductible
per claim, if any, not to exceed 10o/o of the limit of liability.
The insurance coverage required above must include a waiver of subrogation in favor of the City. The
insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the provider.
All insurance policies required above shall be issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
The company must be rated no less than "A-" as to management, and no less than "Class
Vll" as to financial strength, by the latest edition of Best's lnsurance Guide, published by
A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the
City Risk Management Division.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days
advance notice to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CIry OF MIAMI BEACH
17OO CONVENTION CENTER DRIVE
3'd FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation
under this section or under any other section of this agreement.
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.
29Rro 20 t 5- t'2/1R
53
APPEN DIX F
MIAMIBEACH
Somple Controct
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCU REMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
Rr-Q 20151271R 30
54
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
xxxxxxxxxxxxxxxxxxxxxxxx
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES
FOR THE
MTDDLE BEACH RECREATTONAL CORRTDOR (MBRC)
Resolution No.
RFA 20)51271R a1JI
55
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINITIONS
ARTICLE 2. BASIC SERVICES
ARTICLE 3. THE CITYS RESPONSIBILITIES
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
ARTICLE 5. ADDITIONAL SERVICES
ARTICLE 6. REIMBURSABLE EXPE'VSES
ARTICLE 7. COMPENSATION FOR SERVICES
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
ARTICLE 10. TERMINATION OF AGREEMENT
ARTICLE 11. INSURANCE
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
ARTICLE 13. ERRORS AND OMISSIONS
ARTICLE 14. LIMITATION OF LIABILITY
ARTICLE 15. NOTICE
ARTICLE 1 6. MISCELLANEOUS PROVISIONS
PAGE
2
7
13
16
17
18
19
20
21
22
23
24
25
26
26
27
56
SCHEDULES:
SCHEDULE A SCOPE OF SERVICES
SCHEDULEB CONSULTANTCOMPENSATION
SCHEDULE C HOURLY BILLING RATE
SCHEDULE D CONSTRUCTION COST BUDGET
SCHEDULE E PROJECT SCHEDULE
SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
SCHEDULE G INSURANCE AND SWORN AFFIDAVITS
SCHEDULE H BEST VALUE AMENDMENT
33
34
35
36
37
38
39
40
57
TERMS AND COND'T'O'VS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
XXXXXXXXXXXXXXXXXXXXXXXXXXX
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A/E) SERVICES
FOR THE
MTDDLE BEACH RECREATTONAL CORRTDOR (MBRC)
This Agreement made and entered into this _ day of ,20XX, 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 XXXXXXXXXXXXXXXXXXXXXXXXXXXX, a Florida XXXXXXXXXXX having its principal
officeatffiXXXxXxXXXxxXXX(hereinafterreferredtoasConsultant).
WITNESSETH:
WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more
particularly described in the Scope of Services attached as Schedule "A" hereto, and wishes to engage
the Consultant to provide specific professional services including, without limitation, A/E services, for the
Project, at the agreed fees set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of the aforestated
professional services relative to the Project, as hereinafter set forth; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreement herein contained, agree as follows:
34RFO 20 t 5-12/1R
58
ARTICLE 1. DEFINITIONS
1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida,
331 39.
1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of
the City.
1.3 GITY MANAGER: The "City Manager" shall mean the chief administrative officer of the
City. The City Manager shall be construed to include any duly authorized representatives
designated in writing (including the Project Coordinator) with respect to any specific matter(s)
concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the
City Commission or regulatory or administrative bodies having jurisdiction over any matter(s)
related to the Project, the Services, and/or this Agreement).
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications
No. 2015-127-JR, entitled "Middle Beach Recreational Corridor (MBRC)" issued by the City in
contemplation of this Agreement, together with all amendments thereto (if any), and the
Consultant's proposal in response thereto (Proposal), which is incorporated by reference to this
Agreement and made a part hereof; provided, however, that in the event of an express conflict
between the Proposal Documents and this Agreement, the Agreement shall prevail.
1.5 GONSULTANT: The named entity on page 1 of this Agreement, the "Consultant"
shall mean the architecUengineer who has entered into a contract with the City to provide the
Services described under this Agreement. When the term "Consultant" is used in this Agreement
it shall also be deemed to include any officers, employees, sub-consultants, agents, and any
other person or entity acting under the supervision, direction, or control of Consultant. Any sub-
consultants retained by Consultant for the Project shall be subject to the prior written approval of
the City Manager. Consultant shall provide the Project Coordinator with copies of the contract
between Consultant and any sub-consultant's. Any such contracts shall contain provisions 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 sub-consultants. Any
approval of a sub-consultant by the City shall not, in any way, shift the responsibility for the
quality and acceptability by the City of the services performed by the sub-consultant, from the
?<RFa 2015 127)R
59
Consultant to City. Payment of sub-consultants shall be the responsibility of the Consultant, and
shall not be cause for any increase in compensation to the Consultant for payment of the Basic
Services. The quality of services and acceptability to the City of the services performed by such
sub-consultants shall be the sole responsibility of Consultant.
The following sub-consultants are hereby approved by the City Manager for the Project:
XXXXXXXXXX)fiXXXXXXXXXX ;
XXXXXXXXXXXXXXXXXXXXXX.
1.6 PROJECT COORDINATOR: The "Project Coordinatod' shall mean the individual
designated in writing by the City Manager who shall be the City's authorized representative to
coordinate, direct, and review (on behalf of the City) all matters related to the Project during the
design and construction of the Project (unless expressly provided otherurrise in this Agreement or
the Contract Documents).
Intentionally Omitted]
1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall
perform in accordance with the terms of the Agreement (and as required to complete the Project),
as further described in Article 2 and Schedule "A" hereto. ln addition any Services not specifically
addressed as Additional Services (as defined herein) shall be considered Basic Services.
1.9 PROJECT: The "Project" shall mean that certain City capital project that has been
approved by the City Commission and is described in Schedule "A" hereto.
1.9.1 Proiect 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.
1.9.2 Proiect Scope: The "Project Scope" shall mean the description of the
Project in Schedule "A" hereto.
1.7
Rr-ci 20t5 t'2/)R 36
60
1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the
actual total cost to the City of the Work (as established in the Contract Documents, as they may be
amended from time to time), including a contingency allowance for unforeseen conditions, not to
exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20o/o) ot
the construction cost for rehabilitation of historic buildings.
For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or
competitive bid received and accepted from a responsive and responsible bidder or proposer for
such Work.
l.l0.l GonstructionCostBudqet: The "Construction Cost Budget" shall mean the
amount budgeted by the City for the Construction Cost, as set forth in Schedule "A" hereto.
1.10.2 Statement Of Probable Construction Cost: The "statement of Probable
Construction Cost" shall mean the latest approved written estimate of Construction Cost
submitted by Consultant to the City, in a format approved by the Project Coordinator.
For Work which bids or proposals have not been let, the Statement of Probable Construction
Cost shall be the same as the Construction Cost.
1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or
irresistible force occasioned by violence in nature without the interference of human agency such
as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or
by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date
of this Agreement ; or other causes beyond the parties' control which have, or may be reasonably
expected to have, a material adverse effect on the Project, or on the rights and obligations of the
parties under this Agreement and which, by the exercise of due diligence, such parties shall not
have been able to avoid; provided, however, that inclement weather (except as noted above), the
acts or omissions of sub-consultants/sub-contractors, market conditions, labor conditions,
construction industry price trends, and similar matters which normally impact on the construction
process SHALL NOT be considered a Force Majeure.
lf the Consultant is delayed in performing any obligation under this Agreement due to a force
majeure, the Consultant shall request a time extension from the Project Coordinator within five (5)
business days of said force majeure. Any time extension shall be subject to mutual agreement and
^a
61
shall not be cause for any claim by the Consultant for extra compensation, unless additional
services are required, and approved pursuant to Article 5 hereof.
1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company,
corporation, joint venture, or other entity contracting with City for performance of the Work covered
in the Contract Documents.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together
with all exhibits, addenda, and written amendments issued thereto), and the documents prepared
by Consultant in accordance with the requirements of the Scope of Services in Schedule "A" hereto
(that form the basis for which the City can receive bids for the Work included in the documents).
The Contract Documents shall also include, without limitation (together with all exhibits, addenda,
and written amendments issued thereto), the invitation to bid (lTB), instructions to bidders, bid
form, bid bond, the Contract for Construction, surety payment and performance bonds, Conditions
of the Contract for Construction [General, Supplementary, and other Conditions], Divisions 0-17,
Construction Documents, an approved Change Order(s), approved Construction Change
Directive(s), and/or approved written order(s) for a minor change in the Work.
1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally
binding agreement between City and with Contractor for performance of the Work covered in the
Contract Documents.
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans,
technical specifications, drawings, documents, and diagrams prepared by the Consultant pursuant
to this Agreement, which show the locations, characters, dimensions and details of the Work to be
done, and which are part of the Contract Documents.
1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the
Agreement approved by the City (as specified below) and executed between City and Consultant,
covering changes, additions, or reductions in the terms of this Agreement including, 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) or the City Manager if they are fifty thousand dollars ($50,000.00) or less (or
Rr-Q 20 t 5- t'2/)R 20
62
other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as
amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the
City Manager reserves the right to seek and obtain concurrence of the City Commission for
approval of any such Contract Amendment.
1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to
the Basic Services in this Agreement, which the Consultant shall perform, at the City's option, and
which have been duly authorized, in writing, by the City Manager or his authorized designee, prior
to commencement of same.
1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods,
procedures, etc. necessary or convenient to performance by Contractor of all duties and
obligations proposed by the Contract Documents.
1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant
performed pursuant to or undertaken under this Agreement.
1.20 SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than
Construction Cost including, without limitation, Consultant's Basic Services, Additional Services,
surveys, testing, general consultant, financing, and permitting fees, etc.
1.21 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.
1.22 SGOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic
Services, and any Additional Services (as approved by the City), all as described in Schedule "A"
hereto.
1.23 SGHEDULES: "Schedules" shall mean the various schedules attached to this
Agreement and referred to as follows:
Schedule A - Scope of Services.
Schedule B - Consultant Compensation.
RFQ 20 t 5- t'.2/)R 39
63
Schedule C - Consultant Hourly Billing Rate Schedule.
Schedule D - Construction Cost Budget.
Schedule E - Project Schedule.
Schedule F - General Conditions of the Contract for Construction
Schedule G - lnsurance Requirements and Sworn Affidavits
Schedule H - Best Value Amendment
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract
Documents and as set forth in Schedule "A" hereto.
2.2 The Services will be commenced upon issuance of the first Notice to Proceed which
shall be issued by the Project Coordinator and counter-signed by Consultant. Subsequent
Notices to Proceed shall also be issued by the Project Coordinator.
A separate Notice to Proceed shall be required prior to commencement of each Task (as
same are set forth in Schedule "A" hereto).
2.3 As it relates to the Services and the Project, Consultant warrants and represents to City
that it is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable
in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida
Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and
Miami-Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable
Laws"). As they relate to the Services and to the Project, the Consultant agrees to comply with all
such Applicable Laws, whether now 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.
Recognizing that the construction of other projects within the City may affect scheduling of the
construction for the Project, the Consultant shall diligently coordinate performance of the Services
with the City (through the Project Coordinator) in order to provide for the safe, expeditious,
economical and efficient completion of the Project, without negatively impacting concurrent work
by others. The Consultant shall coordinate the Services with all of its sub-consultants, as well as
RFQ 2O t 5-1'.2/1R 40
64
other consultants, including, without limitation, City provided consultants (if any).
2.4 The Consultant warrants and represents to City that all of the Services required under this
Agreement shall be performed in accordance with the standard of care 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 Laws) to
perform the Services. Consultant warrants and represents to City that it is responsible for the
technical accuracy of the Services (including, without limitation, the Design Documents
contemplated in Schedule "A" hereto).
2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning,
design, bidding/award, construction administration, and Additional Services [as may be
approvedl), all as further described in Schedule "A" hereto; 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 Contract for Construction (attached as Schedule "F" hereto).
2.5.1 Planninq Services:
Consultant shall provide planning services for the Project, as required by the Contract
Documents and as set forth in Task 'l of Schedule "A" hereto (entitled "Planning
Services").
2.5.2 Design Services:
Consultant shall prepare Design Documents for the Project, as required by the Contract
Documents and as set forth in Task 2 of Schedule "A" hereto (entitled "Design Services")
2.5.3 Biddinq And Award Services:
Consultant shall provide bidding and award services for the Project, as required by the
Contract Documents and as set forth in Task 3 of Schedule "A" hereto (entitled "Bidding
and Award Services").
2.5.4 Construction Administration Services:
Consultant shall provide construction administration services for the Project, as required
by the Contract Documents and as set forth in Task 4 of Schedule "A" hereto (entitled
"Construction Ad ministration Services").
Rr-Q 20t5 t'2/)R 41
65
2.5.5 Additional Services:
lf required (and so approved) by the City, Consultant shall provide Additional Services, as
set forth in Task 5 of Schedule "A" hereto.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: 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 of any of its officers, employees, sub-consultants, agents, and/or servants), for
the accuracy and competency of its/their designs, working drawings, plans, technical
specifications, or other technical documents, nor shall such approval and/or decisions be deemed
to be an assumption of such responsibility by the City for a defect, error or omission in designs,
working drawings, plans, technical specifications, or other technical documents; provided,
however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of
written decisions and approvals furnished by the City pursuant to this Agreement.
2.7 TIME: lt 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 parties
(subject to approval of the Agreement by the Mayor and City Commission) (the Effective
Date), and shall be in effect until all Services are completed or until the work and/or services
under the Notices to Proceed in force at the end of the stated period of time have been
completed and the Services accepted, whichever may be later.
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 The Services shall be performed in a manner that shall conform with the
approved Project Schedule, attached to as Schedule "E" hereto. The Consultant may
submit requests for an adjustment to the Project Schedule, if made necessary because of
undue delays resulting from untimely review taken by the City (or other governmental
authorities having jurisdiction over the Project) to approve the Consultant's submissions, or
any other portion of the Services requiring approval by the City (or other governmental
authorities having jurisdiction over the Project). Consultant shall immediately provide the
Rr-ci 20 t 5- t'2/lR ,,1 .4L
66
Project Coordinator with written notice stating the reason for the particular delay; the
requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated
schedule of completion. Upon receipt and review of Consultant's request (and such other
documentation as the Project Coordinator may require), the Project Coordinator 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 Coordinator's
approval (if granted) shall be in writing.
2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights
to terminate the Agreement, as provided elsewhere herein.
2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative
working relationship with the Project Coordinator, Contractor, and any and all other individuals
and/or firms that have been contracted, or othenrise retained, to perform work on the Project.
2.9 The Consultant shall perform its duties under this Agreement 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.
The Consultant is responsible for the professional quality, technical accuracy, completeness,
performance and coordination of all work required under the Agreement (including the work
performed by sub-consultants), within the specified time period and specified cost. The
Consultant shall perform the work utilizing the skill, knowledge, and judgment ordinarily
possessed and used by a proficient consulting with respect to the disciplines required for the
performance of the work in the State of Florida. The Consultant is responsible for, and shall
represent to City that the work conforms to City's requirements, as set forth in the Agreement.
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 work. ln 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 deficiencies which result from the
Consultant's failure to perform in accordance with the above standards. The Consultant shall also
be liable for the replacement or repair of any defective materials and equipment and re-
performance of any non-conforming construction services resulting from such deficient Consultant
services for a period from the Effective Date of this Agreement, until twelve (12) months following
final acceptance of the Work, and for the period of design liability required by applicable law. The
43Rr-Q 20 I 5- 1'.2/lR
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Project Coordinator shall notify the Consultant, in writing, of any deficiencies and shall approve
the method and timing of the corrections. Neither the City's inspection, review, approval or
acceptance of, nor payment for, any of the work required under the Agreement shall be construed
to relieve the Consultant (or any sub-consultant) 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 and its sub-
consultants 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 its sub-consultants to comply with the
terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct,
unlaMul acts, negligent acts, errors or omissions in the performance of the Agreement. With
respect to the performance of work by sub-consultants, the Consultant shall, in approving and
accepting such work, ensure the professional quality, completeness, and coordination of the sub-
consultant's work.
2.9.1 The Consultant shall be responsible for deficient, defective services and any
resulting deficient, defective construction services re-performed within twelve (12) months
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 to exceed
twe nty-fou r m onths (24) from fi n a I accepta nce.
2.9.2 Consultant Performance Evaluation: The Consultant is advised that a
performance evaluation of the work rendered throughout this Agreement will be completed
by the City and kept in the City's files for evaluation of future solicitations.
2.10 The City shall have the right, at any time, in its sole and absolute discretion, 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). Whenever others are required to
verify, review, or consider any work performed by Consultant (including, without limitation,
contractors, other design professionals, and/or other consultants retained by the 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 with industry
standards 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
RFO 2U t 5- t'2/1R 44
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reviewers in accordance with this subsection. Consultant shall receive comments from reviewers,
in writing, including, without limitation (and where applicable), via a set of marked-up drawings
and specifications. Consultant shall address comments fonrrrarded 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 Project Schedule.
2.11 [ntentionallyOmitted]
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.
213 Consultant agrees to designate, in writing, within five (5) calendar days after issuance of
the first Notice to Proceed, a qualified licensed professional to serve as its project manager
(hereinafter referred to as the "Project Managed'). The Project Manager shall be authorized and
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 his designee
(who in this case shall be the Project Coordinator). 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 Coordinator).
2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice
from the City Manager or his designee (which notice shall state the cause therefore), to
promptly remove and replace a Project Manager, or any other personnel employed or
othenvise retained by Consultant for the Project ( including, without limitation, any sub-
consultants).
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 his designee (who shall be the Project Coordinator), unless such disclosure
is incident to the proper performance of the Services; or the disclosure is required pursuant to
Florida Public Records laws; or, in the course of judicial proceedings, where such information has
been properly subpoenaed. Consultant shall also require its employees and sub-consultants to
Kr-Q 2U t 5- 1 2/7R 45
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comply with this subsection.
2.15 The City and Consultant acknowledge that the Services do not delineate every detail and
minor work task required to be performed by Consultant to complete the Project. lf, during the
course of performing of the Services, Consultant determines that work should be performed to
complete the Project which is, in the Consultant's reasonable opinion, outside the level of effort
originally anticipated in the Scope of Services, Consultant shall promptly notify the Project
Coordinator, in writing, and shall obtain the Project Coordinator's written consent before
proceeding with such work. lf Consultant proceeds with any such additional work without
obtaining the prior written consent of the Project Coordinator, said work shall be deemed to be
within the original Scope of Services, and deemed included as a Basic Service (whether or not
specifically addressed in the Scope of Services). Mere notice by Consultant to the Project
Coordinator shall not constitute authorization or approval by the City to perform such work.
Performance of any such work by Consultant without the prior written consent of the Project
Coordinator 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 and/or records. ln addition, Consultant shall provide electronic document files
to the City upon completion of the Project.
2.17 The City's participation in the design and construction of the Project shall in no way be
deemed to relieve the Consultant of its professional duties and responsibilities under the Contract
Documents or under Applicable Laws.
2.18 GREEN BUILDING STANDARDS:
The Consultant shall comply with 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 SUB-CONSULTANTS: All services provided by sub-consultants shall be
consistent with those commitments made by the Consultant in its Proposal and during the
competitive solicitation selection process and interview. Such services shall be undertaken and
performed pursuant to appropriate written agreements between the Consultant and the sub-
consultants, which shall contain provisions that preserve and protect the rights of the City under
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this Agreement. Nothing contained in this Agreement shall create any contractual relationship
between the City and the sub-consultants.
The Consultant shall not retain, add, or replace 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 City Manager
shall not in any way shift the responsibility for the quality and acceptability by the City of the
services performed by the sub-consultant from the Consultant to the City. The quality of services
and acceptability to the City of the services performed by sub-consultants shall be the sole
responsibility of Consultant. The Consultant shall cause the names of sub-consultants
responsible for significant portions of the Services to be inserted on the plans and specifications.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City Manager shall designate a Prolect Coordinator, in writing, who shall be the City's
authorized representative to coordinate, direct, and review all matters related to this Agreement
and the Prolect during the design and construction of same (except unless othenruise expressly
provided in this Agreement or the Contract Documents). The Project Coordinator 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. However, the
Project Coordinator is not authorized to issue any verbal or written orders or instructions to
Consultant that would have the affect (or be interpreted as having the effect) of modifying or
changing, (in any way) the following:
a) the Scope of Services;
b) the time within which Consultant is obligated to commence and complete the Services;
or
c) the amount of compensation the City is obligated or committed to pay Consultant.
3.2 The City shall make available to Consultant all information that the City has in its
possession pertinent to the Prolect. 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. The
Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the
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3.3
extent it deems necessary all information furnished by the City, and that it is solely responsible for
the accuracy and applicability of all 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 be made without using destructive 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.
! ntentionally Omittedl
3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and
insurance counseling services for the Project (including, without limitation, auditing services to
verify the Consultant's applications for payment, or to ascertain that Consultant has properly
remitted payment due to its sub-consultants or vendors).
3.5 lf the City observes or otheruvise becomes aware of any fault or defect in the Project, or
non-conformance with the Contract Documents, the City, through the Project Coordinator, shall
give prompt written notice thereof to the Consultant.
3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity,
shall render any administrative approvals and decisions required under this Agreement, in writing,
as reasonably expeditious for the orderly progress of the Services and of the Work. No City
administrative (proprietary) approvals and/or decisions required under this Agreement shall be
unreasonably conditioned, withheld, or delayed; provided, however, that the City shall at all times
have the right to approve or reject any such requests for any reasonable basis.
3.7 The City Commission shall be the final authority to do or to approve the following actions
or conduct, by passage of an enabling resolution or amendment to this Agreement:
3.7.1 Except where othenvise 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 Agreement.
3.7.2 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
RFQ 20)5-)27-JR 4B
72
consultant.
3.7.3 Upon written request from Consultant, the City Commission shall hear appeals
from administrative decisions of the City Manager or the Project Coordinator. ln such
cases, the Commission's decision shall be final and binding upon all parties.
3.7.4 The City Commission shall approve or consider all Contract Amendments that
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as
may be specified by the City of Miami Beach Procurement Ordinance, as amended).
3.8 Except where othenivise expressly noted in this Agreement, the City Manager shall serve
as the City's primary representative to whom administrative (proprietary) requests for decisions
and approvals required hereunder by the City shall be made. Except where othenrvise 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.
3.8.1 The City Manager shall have prior review and approval of the Project Manager
(and any replacements) and of any sub-consultants (and any replacements).
3.8.2 The City Manager shall decide, and render administrative (proprietary)
decisions on matters arising pursuant to this Agreement which are not othenryise
expressly provided for in this Agreement. ln his/her discretion, the City Manager may
also consult with the City Commission on such matters.
3.8.3 At the request of Consultant, the City Manager shall be authorized, but not
required, to reallocate monies already budgeted toward payment of the 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 (if granted at all) shall be in its sole and reasonable
discretion.
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3.8.4 flntentionally Omitted]
49
73
3.8.5 The City Manager may approve Contract Amendments which do not
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as
may be specified by the City of Miami Beach Purchasing Ordinance, as amended);
provided that no such amendments increase any of the budgets established by this
Agreement.
3.8.6 The City Manager may, in his/her sole discretion, form a committee or
committees, or inquire of, or consult with, persons for the purpose of receiving advice
and recommendations relating to the exercise of the City's powers, duties, and
responsibilities under this Agreement or the Contract Documents.
3.8.7 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 remain uncured, in terminating the
Agreement (pursuant to and in accordance with Article 10 hereof).
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The City has established the Construction Cost Budget for the Project, as set forth in
Schedule "D", attached hereto.
4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared
by Consultant.
4.3 Consultant shall warrant and represent to the City that its review and evaluation of the
Construction Cost Budget, Statement of Probable Construction Cost, and any other cost
estimates prepared (or othenruise provided) by Consultant for the Project, represent Consultant's
best judgment 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 otheruvise provided) by Consultant.
4.4 The Construction Cost Budget (as established in Schedule "D" hereto) shall not be
exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force
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Majeure) which are beyond the control of the parties. Any expenditure above this amount shall be
subject to prior City Commission 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 budget is exceeded, the City
Commission may, at its sole and reasonable discretion, terminate this Agreement (and the
remaining Services) without any further liability to the City.
4.5 lf the lowest and best base bid exceeds the Construction Cost Budget by more than five
percent (5%), the City Commission may, at its sole option and discretion, 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 necessary to bring the lowest and best bid within the Construction Cost
Budget; or (5) work with the Consultant to reduce the Project Scope, construction schedule,
sequence of Work, or such other action, as deemed necessary, to reduce the Construction Cost
Budget. ln the event the City elects to reduce the Project Scope, the Consultant shall provide any
required revisions to the Contract Documents (including, without limitation, the Construction
Documents), and provide re-bidding services, as many times as reasonably requested by the
City, at no additional cost to the City, in order to bring any resulting, responsive and
responsible bids within five percent (5%) of 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 Coordinator (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; an hourly fee (in accordance with the
rates in Schedule "C" 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 Additional Services; and an amended Project Schedule (if applicable).
"Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of
Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant
shall not exceed without further written authorization of the Project Coordinator. The "Not to
Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the
case of Reimbursable, for the expenses), and all costs applicable to same shall be verifiable
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5.2
through time sheets (and, for Reimbursable, expense reviews).
5.2.3
Additional Services may include, but not be limited to, the following:
5.2.1 Providing additional work relative to the Project which arises from subsequent
circumstances and causes which do not currently exist, or which are not contemplated
by the parties at the time of execution of this Agreement (excluding circumstances and
causes resulting from error, omission, inadvertence, or negligence of Consultant).
5.2.2 Serving as an expert witness in connection with any public hearing,
arbitration proceeding, or legal proceeding, unless the subject matter at issue has
arisen from the error omission, inadvertence, or negligence of Consultant.
I ntentionally Omitted]
5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts
(except for Contract Document revisions and re-bidding services required under
Section 4.5 hereof, which shall be provided at no additional cost to City).
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual
expenditures made by the Consultant in the interest of the Project. The Reimbursable Expenses
allowance, as specified in Schedule "8" hereto, belongs to, and shall be controlled by, the City.
Any money not directed to be used by City for Reimbursable Expenses shall remain with the City
(i.e. unused portions will not be paid to Consultant).
Notwithstanding the above, any Reimbursable Expenses in excess of $500 must be authorized,
in advance, in writing, by the Project Coordinator. lnvoices or vouchers for Reimbursable
Expenses shall be submitted to the Prolect Coordinator (along with any supporting receipts and
other back-up material requested by the Project Coordinator). 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."
6.2 Reimbursable Expenses may include, but not be limited to, the following:
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6.2.1 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 sub-consultants, and courier, postage and handling costs
between the Consultant and its sub-consultants).
6.2.2 Costs for reproduction and preparation of graphics for community workshops.
6.2.3 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 "Not to Exceed" fee for provision of the Services shall be XXXXXXXX, with a
Reimbursable Expenses allowance of XXXXXXXX.
7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and
approval of an acceptable invoice by the Project Coordinator. 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 submitted
with each invoice). No mark-up shall be allowed on subcontracted work.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates
set forth in Schedul€ "C," attached hereto. Any request for payment of Additional Services shall
be included with a Consultant payment request. No mark-up shall be allowed on Additional
Services (whether sub-contracted or not).
7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to
the "Not to Exceed" Reimbursable allowance amount in Schedule "8" hereto. Any request for
payment of Reimbursable Expenses shall also be included with Consultant's payment request.
No mark-up shall be allowed on Reimbursable Expenses.
7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive
approved and executed by the City Manager, adjust the fees included in the Hourly Billing Rate
Schedule in Schedule "C" hereto, to reflect the change in the Consumer Price lndex (CPl) on a
RFa 20)5127)R 53
77
year to year basis. Such adjustment will be based on the cumulative change of the CPI for the
Miami urban area, provided that in no event shall any the annual increase exceed three percent
(3%).
7.6 No retainage shall be made from the Consultant's compensation on account of sums
withheld by the City on payments to Contractor.
7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator
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 hourly billing rate associated therewith. ln the event sub-consultant work is used,
the percentage of completion shall be identified. lnvoices shall also itemize and summarize any
Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project
Coordinator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany
the invoice.
7.7.1 lf 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).
7.7.2 The City shall pay Consultant within forty-five (45) calendar days from receipt and
approval of an acceptable invoice by the Project Coordinator.
7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior
written approval of the City Manager before disbursement of same.
ARTICLE 8. CONSULTANT'S ACGOUNTING AND OTHER RECORDS
8.1 All books, records (whether financial or otherwise), correspondence, technical documents,
and any other records or documents related to the Services and/or Project will be available for
examination and audit by the City Manager, or his/her authorized representatives, 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 Consultant's completion of
the Services. lncomplete or incorrect entries in such records and accounts relating personnel
services and expenses may be grounds for City's disallowance of any fees or expenses based
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upon such entries. Consultant shall also bind its sub-consultants to the requirements of this
Article and ensure compliance therewith
9.1
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
All notes, correspondence, documents, plans and specifications, designs, drawings,
renderings, calculations, specifications, models, photographs, reports, surveys, investigations,
and any other documents (whether completed or partially completed) and copyrights thereto for
Services performed or produced in the performance of this Agreement, or related to the Project,
whether in paper or other hard copy medium or in electronic medium, except with respect to
copyrighted standard details and designs owned by the Consultant or owned by a third party and
licensed to the Consultant for use and reproduction, shall become the property of the City.
Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of
completion of the Services (or within thirty (30) days of expiration or earlier termination of 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, ln addition, the Consultant shall not
disclose, release, or make available any document 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 and 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 1 19, 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.
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.
RFQ 20)5-)27-JR 55
79
9.5 The Consultant shall bind all sub-consultants 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 entity and is subject
to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of
its performance in accordance with the terms and conditions of this Agreement. ln the event there
is a lack of adequate funding either for the Services 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 Services or any portion thereof; or (3) does not perform the Services or
any portion thereof in a timely and satisfactory manner. ln 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 ln the event this Agreement is terminated for cause by the City, the City, at
its sole option and discretion, may take over the remaining Services and complete them
by contracting with another consultant(s), or othenruise. The Consultant shall be liable to
the City for any additional cost(s) incurred by the City due to such termination.
"Additional Cost" is defined as the difference between the actual cost of completion of
the Services, and the cost of completion of such Services had the Agreement not been
terminated.
10.2.2 ln the event of termination for cause by the City, the City shall only be obligated to pay
Consultant for those Services satisfactorily performed and accepted prior to the date of
termination (as such 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 City 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
RFQ 20)5 )ZAR 56
80
to the Project Coordinator 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 documents pursuant to this subsection.
10.3 TERMINATION FOR CONVENIENCE: ln 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. ln the event the
City terminates the Agreement for convenience, Consultant shall be compensated for all Services
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 Coordinator of the
Project documents (referenced in 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. ln 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).
10.4.1The Consultant shall have no right to terminate this Agreement for convenience.
10.5 IMPLEMENTATION OF TERMINATION: ln the event of termination (whether for cause
or for convenience), the Consultant shall immediately, upon receipt of the 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
Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all
Project documents (for delivery to the Project Coordinator).
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ARTICLE 11. INSURANCE
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 not commence any
work until satisfactory proof of all required insurance coverage has been furnished to the Project
Coordinator:
(a) Professional Liability lnsurance, in the amount of one million dollars
($1,000,000.00), per occurrence, with a maximum deductible of $150,000 per occurrence,
$450,000 aggregate. Consultant shall notify the Project Coordinator, in writing, within thirty
(30) days of any claims filed or made against its Professional Liability lnsurance policy.
(b) Comprehensive General Liability lnsurance, in the amount of one million dollars
($1,000,000.00), Single Limit Bodily lnjury and Property Damage coverage, for each
occurrence, which shall include products, completed operations, and contractual liability
coverage. The City of Miami Beach, Florida must be named as an additional insured on
this policy.
(c) Worker's Compensation and Employer's Liability coverage within the statutory limits
required under Florida law.
11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written
notice of cancellation or of substantial modifications in any required insurance coverage. All
certificates and endorsements shall contain this requirement.
11.3 The insurance must be furnished by an insurance company rated B+:Vl 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.
11.4 Consultant shall provide the Project Coordinator 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.
RFQ 20)5-127-JR 5B
82
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
Pursuant to 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 othenruise 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. ln 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 sub-consultants and/or
any registered professionals (architects and/or engineers) under this Agreement).
ARTICLE 13. ERRORS AND OMISSIONS
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 any 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.
12.1
RFQ 2015-127-JR 59
83
Damages shall include delay damages caused by the error, omission, or any combination thereof.
Should the Consultant disagree that all or part of such damages are the result of errors,
omissions, or any combination thereof, the Consultant may appeal this determination, in writing,
to the City's Capital lmprovement Projects Director (the Director). The Director'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. ln the event that the Consultant
does not agree with the decision of the Director, the Consultant shall present any such objections,
in writing, to the City Manager. The Director 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 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 exceed
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 forth in Section 768.28, Florida
Statutes.
ARTICLE 15. NOTICE
All written notices given to City by Consultant shall be addressed to:
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City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: XXXXXXXXXXXXX
With a copy to:
Capital lmprovement Projects Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: XXXXXXXXXXXXXX
All written notices given to the Consultant from the City shall be addressed to:
XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXX
Attn: XXXXXXXXXXX
AII notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified
mail, return receipt requested.
ARTICLE 16. MISCELLANEOUS PROVISIONS
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
F|orida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
6l
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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 AGT: ln 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 bid on leases of real
property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor,
or sub consultant under a contract with the City, and may not transact business with the City in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two,
for a period of 36 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
liability to City, and pursue debarment of Consultant
16.4 NO CONTINGENT FEE: Consultant warrants 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 to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for Consultant, 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 from 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 Federal, State,
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Miami-Dade County, and City laws, ordinances, and codes which may have a bearing on
the Services involved in the Project.
16.5.2Proiect Documents. ln accordance with Section 119.07 (3) (ee), Florida Statutes,
entitled "lnspection, 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 1'19.07(1), Florida Statutes (inspection
and copying of public records), and s. 24(a), Article I of the State Constitution.
lnformation 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 ln 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, and distributed which may include, but is not limited to, each employee of
Consultant and sub-consultants 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 sub-consultants 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.
CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant 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
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documents prepared by its sub-consultants. Compliance with this subsection shall not be
construed to relieve the Consultant from any liability resulting from any such errors, omissions,
and/or ambiguities in the Contract Documents and other documents or Services related thereto.
16.7 WARRANTY:
under this Agreement shall
profession in the State of
commercial facilities.
The Consultant warrants that the Services furnished to the City
conform to the quality expected of and usually provided by the
Florida applicable to the design and construction of public and
16.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive
Agreement, the City is not precluded from retaining or utilizing any other architect, engineer,
design professional or other consultant to perform any incidental Basic Services, Additional
Services, or other professional services within the contract limits defined in the Agreement. The
Consultant shall have no claim against the City as a result of the City electing to retain or utilize
such other architect, engineer, design professional, or other consultant to perform any such
incidental Services.
16.9 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
prior written consent of the City Commission, which consent, if given at all, shall be at the
Commission's sole option and discretion. However, the Consultant will be permitted to cause
portions of the Services to be performed by sub-consultants, subject to the prior written approval
of the City Manager.
16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself,
his/her partners, successors, legal representatives and assigns to the other party of the
Agreement and to the partners, successors, legal representatives, and assigns of such party in
respect to all covenants of this Agreement. The Consultant shall afford the City (through the City
Commission) the opportunity to approve or reject all proposed assignees, successors or other
changes in the ownership structure and composition of the Consultant. Failure to do so
constitutes a breach of this Agreement by the Consultant.
16.11 PROVISION OF ITEMS NEGESSARY TO COMPLETE SERVICES: ln the performance
of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all
salaries, wages, materials, equipment, sub-consultants, and other purchased services, etc., as
RFa 20)5-127-)R 64
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necessary to complete said Services.
16.12 INTENT OF AGREEMENT:
16.12.1 The intent of the Agreement is for the Consultant to provide design 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.
16.12.2 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
Agreement to maintain a suit for personal injuries, professional liability, or property damage
pursuant to the terms or provisions of the Agreement.
16.12.3 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.
16.13 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the 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 whether oral
or written. lt is further agreed that no modification, amendment or alteration in 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.
RFa 20)5127-JR 65
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lN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
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 CITY OF MIAMI BEACH:
CITY CLERK MAYOR
CONS U LTANT: )fiXXXXXXXXXXXXX
Attest
Signature/Secretary Signature/President
Print Name Print Name
F:\PURC\$ALL\Solicitations\2}15\2015-127-JR (RFO) Middle Beach Recreational Corridor Phase lll\03 - Solicitation\01 - DRAFTS\RFQ 2015
MBRC - Phase lll.doc
RFQ 2015-)271R 66
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SCHEDULE A
SGOPE OF SERVICES
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SCHEDULE B
CONSULTANT COM PENSATION
Schedule of Payments
Planning Services *
Design Services*
Bidding and Award Services
Gonstruction Administration *
Reimbursable Allowance***
$ 0.00
$xxxxxxxx
$xxxxxxxx
$xxxxxxxx
$xxxxxxxx
Historic Preservation Board / Design Review Board (if required) $ 0.00
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.
ln 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 Coordinator. Unused portions will not be paid to the Consultant.
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SCHEDULE C
HOURLY BILLING RATE SCHEDULE
69
93
. SCHEDULE D
COSTRUCTION COST BUDGET
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SCHEDULE E
PROJECT SCHEDULE
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SCHEDULE F
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
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SCHEDULE G
INSURANCE REQUIREMENTS AND SWORN AFF!DAVITS.
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SCHEDULE H
BEST VALUE AMENDMENT
The Consultant agrees to abide by all the required documentation of the City's Performance lnformation
Procurement System and submit the weekly reports.
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APPENDIX G
MIAMIBEACH
lnter-loco! Agreement
MPO ond Miomi Beoch
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCU REMENT
I200 Convention Center Drive
Miomi Beoch, Florido 33,l39
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M ETROPOLIT.AN PLANNiNG ORGANIZATION
{MPol
111 N,W. I STREEI, SUtTt 920
MlAMt, FtoRIOA 33128-1904
(305137s{so7
www.rniamldade; gbv/mpo
September 17,2014
Ms., Judy M. Hoanshelt
Grants Manager
City of MiamiBeach
1700 Convention Centef Drive
Miarni Behch, FL 33J39
Re: Notice to Proceed Letter
Dear Ms. Hoanshelt:
Enclosed is one orlginallnterlooal Agreement awarding the Cityof Miami Beaeh up to
$40,000 to conduct the Miami Beach BoardwalUBeachwalk Feasibility Stridy (Convbrslon
Projeet). The agteementexpires on September 30,,2015. I look forward to working with
you and your staff ort this very important project. Cal! me at (Q05) 375-1837 or by email at
opc@miamidade.gov if Srou have any quesfions,
OsDar Cameio
Finance Manager
Miami-Dade MPO
Enclosure
MPOS4/IIPIMFFY 20I5MGP NTPMiami Beac[r BdardwalkBeachwalk Conierdiqn Project
RFQ 20ls-127-JR 76
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INTERLOCAL AGREE,MENT
II{IS AOREEMENI, ntade aud entered into t}is 17!n day of Septenber . Z074,by
'and between the Mimi-Dade Metropofitan Plmning Orgmizatior (MPO), heroinaftsr'called.ths
MPO and the ,City of Miaml Beach,hereinafter s allei,' Mlami tseach.
That the MPO and Miumi Beach have detennined to Jointly ftud the Miami Beach
Boardwalk/Beaihwalk Feasibilitv Studv (Gonvercion Pro:iecil and that Miami Beach bas
deternrined fo provide the services fcir zuch study and its share of the costs.thereof as provided
6elow.
WITNE S SETH:
ARTICLE 1,00r T1ne IUPO does hereby retaih Miami Beach 1o provide the serviceg forthe
Mfumi Beach BoardwalVBeachwalk Feasibttttv Stuitv (gonl,version Pruiectl, which services
are d.gsoribed iE Exhi-bit "A": 'iscope of Serviceq"i.and Bxhibit uBr' nTentatiy. Project:schedulei'.
The,parties :further agee that fhe project costs are provided in Exhibit i'C'i' "Pf,oj@t Cost." In
addition, the E-Veriff Certification provided in Exhibit 1D" must be signed by the recipient The
referenced exhibits are:attached herefo aud made put hereof as though fuIly reoited herein.
Article 16.00 goveins each party's obligatioiu for its ponion of the Project CosL
ARITCLE 2,00.' 'The MPO and Mihmi Beacfi mutually agree to furnish, each to the otlet, the
respootive services, infonnatio:r aud iterib as described in Exhibit'!{." Sco,pe of Sinvicss, n*ritit
'18" Tentative Project Schedule, Exhibit "C'r Projeci Cost and ExhibitrD't E-Verify Certification;
The MPO agrees tO nmish ltriiamt Befic-h and its duly designated representativest information
including, but not limited to, existing data and projects related to the sfudy area which may be
available in othq governmental ofiices. Mtami Beach agrees to perform or cause to be
performed, in a timely and professioaal thanner, the work elerhents set forrh in the above"
eoumerated Exhibits, in.accordance with the Schedule set f6dh iu Exhibit 'B'.
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Before initiating the woik described iI1 Exhibits rr4rr, rgir and "C!1, the MPO Director or his
designee shall exeeute.and issue Midrui Beach a Notice-to-Proceed with the work described in
said Exhibits, such work to constitute performance of the lttami Beach BoailwalUBeachwalk
FeasibiW Siltih'(Cdnviriian Proieat) as set forth in said Exhibits.
ARffCLE 3.00: T\e services,to be renderedby Mantl Bmch shall be eommenced zubsequeqt
to tle execution and issuanee of the Notice-to-Proceed and shall be completed vitbtntwelve (12)
ranth s' from'ttre date of exeoutio:r an-d issuance o f the No tice-to.ko qeed.
{RTICLE 4i00: Miami Beuqh :agtreeg to provide Projeot Sohedule progress reports on a
quarrerh'basis a[d'iu a fornrat acceptrible to the MPO Directof. The MPO DircEtor shall. be
entitled'at all times to be advised, rit his requesl as to tte statu of work being'done by Miami
Beachand of the details thereof, ,Coordinatioa sbafl be maiatainedby Miomi Beuah with
represontatives' bf ths MPO. Bittrer parties 1o the agreemenf m4y request and be .granted a
conference.
ARTICLE 5.00; Inthe event flrere are delays on thepart of the IdPO as to the approval of any of
the materials Submitted by Miami Beach.ort if there are delays occasioned by circumstances
beyond the cOntrol of Miami Beach which dblay the Project Schedule completiop date, fte MPO.
Director or his designee may glant lkliami Beaeh,by a letter alr extension of the couhact time,
equal to the aforementio4ed detays, provided there are no changes iu compensatiog or pcqpe of
work.
'It 6hatl be the:resporisibility of Mianti ilench to eiuure at trll 6mes tlut sufficient contract time
remaini witilin which to complete servibes on the projbct aliil each major Task Crtoup as
designated with roman nqmerals on tle Exhibits, In the event"thors have, been delaSrs which
wciuld affeot thE project completion date or the completion date of anyuqior fask Gtoup, iltiami
Beach shall submit a written reguest to the MPO Director or hls designee twenty Q0) drys pt'lor
to tllre schedule conipletion date @ich ideutifles the re-asou(g) fot the delay and'tho'amouut of
tinie related to each reason- Thg MPO Direcfor or his designee will review the toquest and make
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Scheduled completion dates shall be determined by the elapsed times shown in Exhibit "B" and
the issue date of the Notice-to-Proceed.
In the event conftact time expires ard Miami Beachhas not requested, or if the MPO Director or
($lesignee has denied an extension of the completion date, partial progress payments will be
stopped on the date time expires. No further pa)4rent for the project will be made until a time
extension is granted or all work has been completed and accepted by the MPO Director or his
designee.
ARTICLE 6.00: Miami Beach shall maintain an adequate and competent professional staff and
may associate with it for the purpose of its services hereunder, without additional cost to the
MPO, other than those costs negotiated within the limits and terms of this Agreement and upon
approval by the MPO Director, zuch specialists as Miami Beach may consider necessaly.
ARTICLE 7.00: The MPO shall not be liable for use by the Miami Beaci of plans, documents,
studies or other data for any pu{pose other than intended by the temrs of this Agreement.
ARTICLE 8.00: Nl tracings, plans, specifications, maps, and/or reports prepared or obtained
under this Agreement shall be considered research and shall become the property of the MPO
without restriction or limitation on their'use; and shall be made available, upon request, to the
MPO at any time. Copies of these documents and records shall be fumished to the MPO upon
request, verbal or written, allowing reasonable time for the production of such copies.
SaB-ARTICLE 8.f0.' Records of costs incurred by Miami Beach and all sub-consultants
performing work on the project, and all other records of Miami Beach and sub-consultants
considered necessary by the MPO for proper audit of project costs, shall be firnrished to the
MPO uponrequest.
Whenever favel costs are included in the performance of services set forth in Exhibits rrArr, rrBrr
and "C", the provisions of Metropolitan Miami-Dade County Administative Order 6-1, shall
govern or Flnrida Stataes, whichever is more restrictive.
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Miami Beuch shall allow public access to all documents, papers, letters, or other material zubject
to the provisions of Chapter ll9, Florida Statutes, arld made or received by Miami Beach in
conjunction with this Agreement. Failure by Miami Beach to grant such public access shall be
grounds for immediate unilateral cancellation of this Agreement by the MPO Director.
ARTICLE 9.00: Miami Beach shall comply with all federal, state, and local laws and
ordinances applicable to the work orpaynent for work thereof, and shall not discriminate on the
grounds of race, color, religion, se)q or national origin in the performance or work under this
contract.
SUB-ARTICLE 9.10: OnJatruary 4,201L, GovernorRick Scott signed Executive OrderNumber
11-02 relating to verification of employment status (the *Ordet'). The Order directs all agencies
under the direction of the Governor to include as a condition of all state contracts a requirement
that the contracting party utilize the U.S. E-Verify system to 'teriff the employment of: (a) all
percons employed during the contract terur by the conhactor to perform work pursuant to the
contract with the state agency". Miami Beach agrees to comply with the requirements of the
Order and execute Exhibit "D".
ARTICLE 10.00: The MPO agrees to pay Miami Beach compensation as per Article 16.00 of
this Agreement and Exhibits rrAr, rrBrr and "C", attached hereto and made a part hereof.
ARTICLE 11.00: The MPO Director may terminate this Agreement in whole or in part at any
time the interest of the MPO requires such tennination.
SUB-ARTICLE 11.10: If the MPO Director determines that the perforrrance of Miami Beach
is not satisfactory, the MPO Director shall have the option of (a) irnmediately tenninating the
Agreement or (b) notiffing Miami Beach of the deficiency with a requirement that the
deficiency be corrected within a specified time, otherwise the Agreement will be terminated at
the end of such time.
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SUB-ARTICLE 11.20: If the MPO Director requires termination of the Agreement for reasons
other than unsatisfactory performance of Miami Beach, the MPO Director shall notiff Miami
Beach of zuch termination, with instructions as to the effective date of termination or specify the
stage of work at which the Agreoment is to be tenninated.
SUB-ARTICLE 11.30: If the Agreement is terminated before performance is completed , Miami
Beach shall be paid for the work satisfactorily perfomred. Payment is not to exceed the prorated
amount of the total share of the project costs to be paid by MPO as provided in Article 16.00
agreement amouat based on work satisfactorily completed. Such determination shall be based
and calculated upon a percentage allocation of total project cost, by major Task Group.
ARTICLE 12.00: Nl words used herein in the singular form shall extend to and include the
plural. All words used in the plural form shall extend to and include the singular. All words
used in any gender shall extend to and include all genders.
ARTICLE 13.00: Miami Beach warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Miami Beach, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any perso& company, corporatiorq
individual or firm any fee, commission, percentage, gift or any other consideration, contingent
upon or resulting from the award or making of this Agreement. It is understood and agreed that
the term "fee" shall also include brokerage fee, however denoted.
SAB-ARTICLE 13.10: For ttre breach or violation of Article 13.00, the MPO Director shall
have the right to terrninate this Agreement without liability, and, at its discretion, to deduct from
the contract price, or otherwise recover, the full amount of such feg commission, percentage, gift
or consideration.
ARTICLE L4.00: Miami Beach agrees that it shall make no statements, press releases or
publicity releases conceming this Agreement or its zubject matter or otherwise disclose or permit
to be disclosed any of the data or other information obtained or fumished in cornpliance with this
Agreement, or any particulars thereof, during the period of this Agreement, without fu'st
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notifying the MPO Director or his designee and securing its consent. Miani Beach also agrees
that it shall not copyrght or patent any of the data and/or infomration furnished in compliance
with this Agreement, it being understood that, under Article 8.00 hereof, such data or
information is the property of the MPO. This Section shall not be construed to limit or restict
public access to documents, papers, letters or other material pursuant to Article 8.10 of this
Agreement.
ARTICLE 15.00: T\e MPO shall not expend money, incur any liability, or enter into any
contract whiclq by its tenns, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure. Any contract, verbal or written, made in violation of this
subsection shall be null and void, and no money shall be paid on such contract.
ARTICLE 16.00: Paymerfi of project costs - It is mutually agreed and understood that the
Project Costs shall be as provided in Exhibit C. MPO shalTpay Miami Beach 80% of such
Project Costs. Miami Beach shall be responsible for the remaining Costs. Miami Betch shall
invoice MPO quarterly for MPO's share of Project Costs in a format acceptable to the MPO
Director or his designee and shall be paid therefore on a percentage of completion basis for each
Task described in the Notice-to-Proceed executed in accordance with Article 2.00. Mis,mi
Beach shall invoice 100% of the MPO's share of the Project Cost upon gsmpletion of all Task
Orders, as indicated under'Exhibit "A". The total compensation to be paid by the MPO to Miami
Beach hereunder shall not exceed $40,000.
SUB-ARTICLE 16.10: By executing this agreement Miami Beach commits to fund the 20%
local share minimum of this agreement as specified in Exhibit C.
SUB-ARTICLE 16.20: It is agreed that said cornpensation provided in Article 16.00 hereof
shall be adjusted to exclude any significant sums where the MPO Direotor shall determine that
reported costs by Miami Beach reflect inaccurate, incomplete or non-current costs. AII such
adjustments shall be made within 60 days following the end of the Agreement, For purpose of
this Agreernent, the end of the Agreement shall be deemed to be the date of final billing or
acceptance of ttre work by the MPO Director or his designee, whichever is later.
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ARTICLE 17.00: Standads of Conduct - Conflict of Interest - Miami Beach covenants and
agrees that it and its employees shall be bound by the standards ofconductprovided in Florida
Statutes 1,12.313 as it relates to work performed under this Agreement, which standards will be
referred and made a part of this Agreement as though set forlh in full. Miami Beach agrees to
incorporate the provisions of this article in any subconffact into which it might enter with
reference to the work performed.
ARTICLE 18.00: The MPO Director reserves the right to cancel and terminate this Agreement
in the event Miami Beach or any employee, servant, or agent of Miami Beach is indicted or has
direct information issued against him for any crime arising out of or in conjunction with any
work being performed by Miami Beach for or on behalf of the MPO, without penalty. It is
understood and agreed that in the event of such termination, all tracings, plans, qpecifications,
maps, and data prepared or obtained under this Agreement shall immediately be tumed over to
the MPO Director in conformity with the provisions of Article 8.00 hereof. Miami Beach shall
be compensated for its services rendered up to the time of any zuch terrrination in accordance
with Article I 1.00 hereof.
ARTICLE 19.00: To the extent permitted by law, and subject to the limitations included within
Florida Statutes Section 768.28, Miami Beach shall indemnify and save harmless the MPO
from any and all claims, liability, losses and causes of action arising out of Miami Beach'
negligence or other wrongful acts in the performance of this agreement. However, nothing
herein shall be deemed to indemniff the MPO for any liability or claims arising out of the
negligence, performance, or lack of perfonnance of the MPO.
To the extent permitted by law, and subject to the limitations included within Florida Statutes
Section 768.28, the MPO shall indemnifr and save hannless Miami Beach from any and all
claims, liability, losses and causes of action arising out of the MPO's negligence or other
wrongfirl acts in the performance of this agreement. However, nothing herein shall be deemed to
ndemnrfy Miami Beach for any liability or claims arising out to the negligence, perfonnance, or
lack ofperforrnance of Miami Beach.
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ARTICLE 20.00: Thrs Agreement shall
laws of the State of Florida.
ARTICLE 21.00:
Attachments:
Exhibit "A", Scope of Services
Exhibit "8", Project Schedule
Exhibit "C", Project Budget
Exhibit "D ", E-Verify Certification
be governed by and construed in accordance with the
No alteration, change or modification of the terms of this Agreement shall be valid unless made
in writing, signed by both parties hereto, and approved by the Govenring Board of the
Mefropolitan Planning Organization.
This Agreement, regardless of where executed, shall be govemed by and construed asselding to
the laws of the State of Florida and venue shall be in Miami-Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed these presents this
September,ZOT4.
17th day of
ATTEST: MIAMI-DADE COUNTY FLORJDA
By The Governing Board of
(MPo)
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MPOS4ruPWP 20l5iI4GP FY 2015 Mimi Beach [nterlocal Agcement
RFQ 2015-127-JR
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Miami Beach Project Manager
Clty Attorney
108
Exhibit "A": "Scope of Services"
OBJECTIVE:
The objective of this project is to plan and conduct community outreach lor the demolition of the
boardwalk north of 29 Street and connectivity to Miami Beach Drive in order to improve the
quality of pedestrian and bicycle access to existing segments of the AGN. ln addition, the
project will look to improve connectivity between the boardwalk segment that is slated to remain
lrom 24 Street to 29 Street. This project may result in a higher quality of life for the community
through irnproved mobility, increased alternative transportation options, reduced traffic
congestion, reduced greenhouse gas emissions, improved air quality, and economic
development.
METHODOLOGY:
The following proposed scope of work and budget incorporates the use of proactive public
involvement, development of design that will be permittable east of the coastal construction
control line, and cost analysis of these options.
Task 1: Public involvement
Engaging the public and incorporating public input is a multi-level process that will take
place consistently throughout the duration of the project.
Task 2: Develop Conceptual Plan
Conceptual plan will be developed based on community input and feedback received
from FDEP. This plan will provide plan for this link in the AGN that provides safe
pedestrian and bicycle access, ADA accessibility, protective dune enhancements, and
bicycle and pedestrian amenities.
Task 3: Cost Anatysis
A cost analysis will be conducted that takes into consideration the capital and operating
costs for boardwalk/beachwalk.
Task 4: Executive Summary
The final report will include a summation of all tasks in the form of an executive
summary.
END PRODUCTS:
The end product will be a final report in electronic format that includes an executive summary of
recommendations for improving the quality of pedestrian and bicycle accessibility from 23 Street
to 45 Street and next steps.
PROJECT MANAGEB:
Elizabeth Wheaton, Assistant Building Director
PARTICIPATING AG ENCIES:
Other participating agencies can be determined by the MPO.
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Exhibit i'B": "Tentative Project $chedule"
Start Dafe:, September 2014
End Date: September AA,2015
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Exhibit "c"
$40,000 MPO Grant Program Funds
$10;000 Local Match (20%)
$50,000 Total Project Amount
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Exhibit (DD' 6E-Verify"
STATE OF FLORIDA DEPARTMENT OF TMNSPORTATION
E-VERIFY
375440-68
PROCT]REMENT
0l/l I
Contract No: A5117
Financial Project No(s): 427605, 002105?
Project Description: FY 2015 Unified Plannino Work Proqram Task 8.6 Municipal Grant
Proqram
Vendor/Consultant Miami Beach acknowledges and agrees to the following:
Vendor/Consultant Miami Beach shall utilize the U.S. Department of Homeland
Security's E-Verify system, in accordance with the terms governing use of the system,
to confirm the employment eligibility of;
1- all persons employed by the Vendor/Consultant Miami Beach during the
term of the Contract to perform employment duties within Florida; and2. all persons, including subcontractors, assigned by the Vendor/Consultant
Miami Beach to perform work pursuant to the contract with the
Department.
Company/Firm: City of Miami Beach
Authorized Signature:
Title: Citv Manaoer
Date:
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MPO54ruPWP 20 I 5A{GP FY 20 I 5 Miami Beach Interlocal Agreenent
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