RFQ 2025-399-WG Traffic Engineering Consultants.pdf

Version 2023.03.01

Request for Qualifications (RFQ)

2025-399-WG

Traffic Engineering Consultants

TABLE OF CONTENTS

SOLICITATION SECTIONS:

0100 INSTRUCTIONS TO RESPONDENTS

0200 GENERAL CONDITIONS

0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT

0400 PROPOSAL EVALUATION

APPENDICES:

APPENDIX A CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT

APPENDIX B SPECIAL CONDITIONS

APPENDIX C SAMPLE CONTRACT

APPENDIX D INSURANCE REQUIREMENTS

SECTION 0100 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS

1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Bidders to submit proposals for the City's consideration in evaluating qualifications to select a firm with whom it may negotiate an agreement for the purpose noted herein.

The City utilizes Bidnet Direct (Government Bids Opportunities and RFP | BidNet Direct) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ.

Any prospective Bidder who has received this RFQ by any means other than through Bidnet Direct must register immediately with Bidnet Direct to ensure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of the Proposal submitted.

2. BACKGROUND. Many of the projects managed by the Transportation Department require traffic engineering services. Typically, the City has outsourced the required engineering services to qualified firms through a continuing contract established in accordance with Section 287.055, Florida Statutes. On March 4, 2021, the City, pursuant to Request for Qualifications No. 2019-109-ND, entered into continuing contracts with The Corradino Group, Inc., Kimley- Horn and Associates, Inc., and HNTB Corporation, prequalifying these traffic engineering consulting firms for future work as needed. Prequalifying firms prior to the work actually being identified streamlines the process of deploying a firm once the need arise. The firm is selected in accordance with the referenced statute, which requires the City to determine the best firm for the work and negotiate a consultant service order based on pre-negotiated rates. The described process used by the City is typical of how most cities across the state engage engineering services in accordance with statutory requirements.

3. PURPOSE. The Transportation Department manages a number of projects and services for which traffic engineering services are required, including but not limited to: analysis of proposed methodologies and site plans, trip generation studies, simulations, queueing and circulation studies, transportation plans, as well as any other required services within the traffic engineering discipline. In anticipation of the current contract’s expiration on March 5, 2026, the City, through this RFQ, seeks to create a pool of qualified firms that can expeditiously provide the City with traffic engineering consulting services when the need arises. The RFQ is issued pursuant to Section 287.055, Florida Statutes, which allows continuing contracts to pools of firms for future work providing that the assigned projects are for design services for projects less than $7.5 million or for studies less than $500,000, or as amended.

3.1 Interested Parties. Interested parties are invited to submit proposals in accordance with Section 0300. A Pre-proposal conference will be held in accordance with Section 0100, Sub-sections 4 and 6. All proposals will be evaluated in accordance with the criteria found in Section 0400.

THIS RFQ, AND ANY RESULTING CONTRACT, IS ISSUED AND GOVERNED BY SECTION 287.055, FLORIDA

STATUTES

4. ANTICIPATED RFQ TIMETABLE. The tentative schedule for this solicitation is as follows:

RFQ Issued July 24, 2025 Pre-Proposal Meeting August 4, 2025 at 10:00 am ET

Join the meeting now Meeting ID: 254 984 463 194 3 Passcode: VV7Ho77a Dial in by phone +1 786-636-1480,United States, Miami Phone conference ID: 874 178 138# https://www.bidnetdirect.com/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzlhMDczZTAtZDRiNS00YmJkLWE4YTctNDQwMzZhNmViZjJh%40thread.v2/0?context=%7b%22Tid%22%3a%22551608f9-48f3-4871-808a-a969ec5cf48a%22%2c%22Oid%22%3a%22eb31d87a-d6ce-484f-bdfa-bc40acb9421b%22%7d

Deadline for Receipt of Questions August 22, 2025, at 5:00 pm ET Responses Due September 5, 2025, at 3:00 pm ET

Join the meeting now Meeting ID: 250 153 402 094 1 Passcode: rt2Np3wk

Dial in by phone +1 786-636-1480, United States, Miami Phone conference ID: 254 814 866#

Evaluation Committee Review TBD Tentative Commission Approval TBD

Contract Negotiations Following Commission Approval

5. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below:

Procurement Contact: Telephone: Email:

William Garviso 305 673-7490 WilliamGarviso@miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via email at RafaelGranado@miamibeachfl.gov or via facsimile: 786-394-4188.

The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than fifteen (15) calendar days prior to the date proposals are due as scheduled in Section 0100-

5. All responses to questions/clarifications will be sent to all prospective Bidders in the form of an addendum.

6. PRE-PROPOSAL MEETING OR SITE VISIT(S). A pre-proposal meeting or site visit(s) may be scheduled.

Attendance for the pre-proposal meeting shall be via web conference and recommended as a source of information but is not mandatory. Bidders interested in participating in the Pre-Proposal Meeting must follow these steps:

Join on your computer or mobile app Join the meeting now Meeting ID: 254 984 463 194 3 Passcode: VV7Ho77a Dial in by phone +1 786-636-1480,United States, Miami Phone conference ID: 874 178 138#

Bidders who are participating should send an email to the contact person listed in this RFQ expressing their intent to participate.

7. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-submittal meeting or site visit(s). The City, by means of Addenda, will issue interpretations or written addenda clarifications that are considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through Bidnet Direct. Any prospective bidder who has received this RFQ by any means other than through Bidnet Direct must register immediately with Bidnet Direct to ensure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of the Proposal. Written questions should be received no later than the date outlined in https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjFlZGI5YzQtZGQ5MC00N2E2LThkZmYtODNiZDdiNjZjNGU1%40thread.v2/0?context=%7b%22Tid%22%3a%22551608f9-48f3-4871-808a-a969ec5cf48a%22%2c%22Oid%22%3a%22eb31d87a-d6ce-484f-bdfa-bc40acb9421b%22%7d mailto:RafaelGranado@miamibeachfl.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzlhMDczZTAtZDRiNS00YmJkLWE4YTctNDQwMzZhNmViZjJh%40thread.v2/0?context=%7b%22Tid%22%3a%22551608f9-48f3-4871-808a-a969ec5cf48a%22%2c%22Oid%22%3a%22eb31d87a-d6ce-484f-bdfa-bc40acb9421b%22%7d the Anticipated RFQ Timetable section.

8. CONE OF SILENCE. This RFQ is subject to, and all bidders are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance.

Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov

9. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Bidders (or Bidder 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).

10. BIDDER'S RESPONSIBILITY. Before submitting a response, each Bidder 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. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Bidder 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 Bidder.

11. DETERMINATION OF AWARD. The City Manager may appoint an evaluation committee to assist in the evaluation of proposals received. The evaluation committee is advisory only to the city manager. The city manager may consider the information provided by the evaluation committee process and/or may utilize other information deemed relevant. The City Manager's recommendation need not be consistent with the information provided by the evaluation committee process and takes into consideration Miami Beach City Code Section 2-369, including the following considerations:

(1) The ability, capacity, and skill of the Bidder to perform the contract.

(2) Whether the Bidder can perform the contract within the time specified, without delay or interference.

(3) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder.

(4) The quality of performance of previous contracts.

(5) The previous and existing compliance by the Bidder with laws and ordinances relating to the contract.

The City Manager may recommend to the City Commission the Bidder(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals that it deems to be in the best interest of the City, or it may also reject all Proposals.

12. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Bidder. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Bidder in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Bidders that no property, contract, or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to, approved by the City, and executed by the parties.

13. E-VERIFY. As a contractor, you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to utilize the U.S.

mailto:rafaelgranado@miamibeachfl.gov

Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term.

14. BIDNET DIRECT. The Procurement Department utilizes Bidnet Direct, as its electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations released by the City, you must register through Bidnet Direct, www.bidnetdirect.com/florida/cityofmiamibeach. Registration is easy and will only take a few minutes. For detailed instructions on registering and submitting electronic bids, visit https://www.miamibeachfl.gov/city-hall/procurement/for-approval-how-to-become-a-vendor/.

If you have any questions regarding this system or registration, please visit the link above or contact Bidnet Direct at support@Bidnet.com or 1-800-835-4603 option 2.

15. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In addition to registering with Bidnet Direct, the City encourages vendors to register with our online Vendor Self-Service web page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor Self- Service (VSS) webpage (https://selfservice.miamibeachfl.gov/vss/Vendors/default.aspx) will also provide you with purchase orders and payment information.

Should you have any questions or comments, do not hesitate to submit them to vendorsupport@miamibeachfl.gov.

16. SUPPLIER DIVERSITY. The City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce (NGLCC), and small and disadvantaged businesses, as certified by Miami- Dade County. See authorizing resolutions here.

If your company is certified as an LGBT-owned business by NGLCC or as a small or disadvantaged business by Miami-Dade County, click on the link below to be added to the City's supplier registry (Vendor Self-Service) and bid system (Bidnet Direct, Supplier-to-Government). These are two different systems, and it is important that you register for both.

Click to see acceptable certification and to register: https://www.miamibeachfl.gov/city-hall/procurement/how-to-become-a-vendor/.

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SECTION 0200 GENERAL CONDITIONS

FORMAL SOLICITATIONS TERMS & CONDITIONS - GOODS AND SERVICES. By virtue of submitting a proposal in response to this solicitation, the Bidder agrees to be bound by and in compliance with the Terms and Conditions for Services (dated 10.27.2022), incorporated herein, which may be found at the following link:

https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/

SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT

1. ELECTRONIC RESPONSES (ONLY). Proposals must be submitted electronically through Bidnet Direct on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected.

A bidder may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for proposal submittals. The City will only consider the latest version of the bid.

Electronic proposal submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4 below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to ensure that its bid, including all attachments, is uploaded successfully.

Only proposal submittals received and time stamped by Bidnet Direct prior to the proposal submittal deadline shall be accepted as submitted in a timely manner. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical issues must be submitted to Bidnet Direct by contacting support@Bidnet.com or 1-800-835-4603 option 2. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue.

It is the sole responsibility of each Bidder to ensure its Proposal is successfully submitted in Bidnet Direct prior to the deadline for proposal submittals.

2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non-responsiveness. Non-responsive proposals will not be considered.

1.Certification, Questionnaire & Requirements Affidavit (Appendix A, uploaded separately to Bidnet Direct).

2. Failure to comply with the Minimum Eligibility Requirements (Tab 1, 1.2 below).

3. OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Certification, Questionnaire & Requirements Affidavit (uploaded separately to Bidnet Direct) with the bid and by the deadline for submittals shall render a proposal non-responsive. Non-responsive proposals will not be considered. With the exception of the Certification, Questionnaire & Requirements Affidavit (uploaded separately to Bidnet Direct), the City reserves the right to seek any omitted information/documentation or any additional information from the Bidder 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 Bidder to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in the Proposal being deemed non-responsive.

4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs and sections as specified below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic Proposal shall be submitted through the "Documents" attachment tab in Bidnet Direct.

TAB 1 Cover Letter & Table of Contents, Minimum Qualifications Requirement(s), and Proposal Certification, Questionnaire & Requirements Affidavit mailto:support@Bidnet.com

1.1 Cover Letter and Table of Contents. The table of contents should indicate the tabs, sections with tabs, and page numbers to facilitate the evaluation committee's review. The cover letter must be signed by a principal or agent able to bind the firm.

1.2 Minimum Qualification Requirement. The Prime Proposer (Engineering Firm) shall hold a “Certificate of Authorization” by the State of Florida, Division of Business and Professional Regulations, as applicable.

1.3 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A) (Attached Separately to Bidnet Direct). Failure to complete and submit the Certification, Questionnaire & Requirements Affidavit with the bid shall result in the bid being deemed non-responsive.

TAB 2 Experience and Qualifications

2.1 Organizational Chart: An organizational chart depicting the structure and lines of authority and communication for all firms, principals, and personnel involved in the project. Include information that describes the intended structure regarding project management, accountability, and compliance with the terms of the RFQ.

2.2 Relevant Experience of Prime Bidder: Summarize projects where the Bidder and/or its principals have provided services similar to those described herein. For each project, provide the following:

a. Project name and scope of services provided;

b. The names of individuals who worked on the referenced project are included in Section 2.1 above.

c. client;

d. client project manager and contact information;

e. costs of the services provided, and

f. term of the engagement.

2.3 Relevant Experience of Sub-consultant(s)/Sub-contractor(s): Summarize projects where the Sub-consultant(s)/Sub-contractor(s) and/or its principals have provided services similar to those described herein.

For each project, provide the following:

g. Project name and scope of services provided;

h. The names of individuals who worked on the referenced project are included in Section 2.1 above.

i. client;

j. client project manager and contact information;

k. costs of the services provided, and

l. term of the engagement.

TAB 3 Approach and Methodology Submit detailed information on the approach and methodology that the Proposer and its team has used in past engagements in providing the services described herein, including detailed information, as applicable, which addresses, but need not be limited to, its approach and methodology to the following:

• Review of on-site and off-site vehicular circulation, including appropriate signage, striping, and valet parking operations at a minimum

• Validate/assess travel demand growth based on the forecasted historical and long-range transportation plans

• Validate micro-simulation runs to assess existing and future level of service conditions

• Validate proposed roadway improvements to mitigate possible traffic impacts

• Analyze ride-share vehicle operations and determine pick-up and drop-off locations

• Determine the impact based on trip generation using the latest edition of the Institute of Transportation

Engineers (ITE) Trip Generation Manual for the proposed modifications/developments

• Determine the applicable Transportation Demand Management (TDM) strategies and review the integration of such strategies into the project

• Participate and attend meetings including attending a Planning Board hearing to respond to questions on the review of the traffic study

• Assessment of valet parking operation based on mechanical parking or automated parking systems

SECTION 0400 PROPOSAL EVALUATION

1. EVALUATION COMMITTEE. An Evaluation Committee, appointed by the City Manager, may meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing so, the Evaluation Committee may review and score all proposals received, with or without requiring presentations. It is important to note that the Evaluation Committee is advisory only and does not make an award recommendation to the City Manager or the City Commission. The City Manager will utilize the results to take one of the following actions:

a. In the event that only one responsive Proposal is received, the City Manager, after determination that the sole responsive Proposal materially meets the requirements of the RFQ, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations or

b. The City Manager may recommend that the City Commission authorize negotiations or award a contract to one or more firms in accordance with Section 0100, Sub-section 12, or

c. The City Manager may Recommend that the City Commission short-list one or more firms for further consideration by the Evaluation Committee or

d. The City Manager may recommend to the City Commission that all firms, if more than one (1) responsive submittal is received, be rejected.

2. PRESENTATIONS BY SHORT-LISTED FIRMS. If a short-listing of firms responding to this RFQ is approved, the short-listed firms may be required to make presentations to and be interviewed by the Evaluation Committee. In further considering the short-listed firms, the Evaluation Committee will utilize the criteria set forth in Sub-section 4 below.

3. TECHNICAL ADVISORS. The City, at its discretion, may utilize technical or other advisers to assist the evaluation committee or the City Manager in evaluating proposals.

4. EVALUATION CRITERIA. Responsive, responsible proposals will be evaluated in accordance with the following criteria:

5. QUALITATIVE CRITERIA. The Evaluation Committee shall review responsive, responsible proposals and assign points for the qualitative factors only. The Evaluation Committee shall not consider quantitative factors (e.g., veteran's preference) in its review of proposals. The Evaluation Committee shall act solely as an advisory to the City Manager. The results of the Evaluation Committee process do not constitute an award recommendation. The City Manager may utilize, but is not bound by, the results of the Evaluation Committee process, as well as consider any feedback or information provided by staff, consultants, or any other third party in developing an award recommendation in accordance with Section 0100, Sub-section 10. In its review of proposals received, the Evaluation Committee may review and score all proposals, with or without conducting interview sessions, in accordance with the evaluation criteria.

6. Quantitative Criteria. Following the results of the evaluation of the qualitative criteria by the Evaluation Committee, the Bidders may receive additional points, which will be added by City staff.

Veterans' Preference points will be assigned in accordance with Section 2-374 of the City Code.

Qualitative Criteria (Points Assigned by Evaluation Committee) Maximum Points

Experience & Qualifications (Tab 1) 60 Approach & Methodology (Tab 2) 40 TOTAL AVAILABLE POINTS for Qualitative Criteria 100

Quantitative Criteria (Points Assigned by Procurement Department) Maximum Points

Veteran's Preference Points 5 Prime Bidder Volume of Work (0-5 Points). Points awarded to the Bidder for volume of work awarded by the City in the last three (3) years in accordance with the following table:

Less than $250,000 5 $250,000.01 – $2,000,000 3 Greater than $2,000,000 0

TOTAL AVAILABLE POINTS for Qualitative and Quantitative 110

7. DETERMINATION OF FINAL RANKING. The sum of the evaluation criteria points will be converted to rankings in accordance with the example below:

Bidder A Bidder B Bidder C

Committee Member 1

Qualitative Points 82 74 80 Quantitative Points 10 5 0

Total 92 79 80 Rank 1 3 2

Committee Member 2

Qualitative Points 82 85 72 Quantitative Points 10 5 0

Total 92 90 72 Rank 1 2 3

Committee Member 2

Qualitative Points 90 74 66 Quantitative Points 10 5 0

Total 100 79 66 Rank 1 2 3

Low Aggregate Score 3 7 8 Final Ranking* 1 2 3

It is important to note that the results of the proposal evaluation process in accordance with Section 0400 do not represent an award recommendation. The City Manager will utilize the results of the proposal evaluation process and any other information he deems appropriate to develop an award recommendation to the City Commission, which may differ from the results of the proposal evaluation process and final rankings.

APPENDIX A

Certification, Questionnaire &

Requirements Affidavit

(UPLOADED AS SEPARATE ATTACHMENT)

PROCUREMENT DEPARTMENT

1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139

APPENDIX B

Special Conditions

B2. Special Conditions.

2.1 Term of Contract. It is expected that any resulting agreement shall be valid for a term of three

(3) years from the effective date. The City Manager may approve two (2) additional one (1) year renewal periods based on satisfactory performance.

2.2 Cost Adjustments. On or about the anniversary of each contract year, the Contractor may request, and the city manager may approve, a cost adjustment based on documented cost increases for the following contract year. Cost adjustments should be limited to changes in the applicable Bureau of Labor Statistics index for the local region or other verifiable evidence of price increases.

The Contractor's adjustment request must substantiate the requested increase. The City of Miami Beach, through its city manager, reserves the right to approve a requested adjustment or may terminate the Agreement and readvertise for bids for the goods or services.

2.3 Final Master Contract. 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 Master Agreement that will govern the terms and conditions of all future Consultant Service Orders (CSO) that may be issued for future projects.

2.4 Required Certifications. Project manager(s) assigned projects for the City of Miami Beach must be licensed Professional Engineers in the State of Florida.

2.5 Licensure. The Prime Proposer (Engineering Firm) shall hold a “Certificate of Authorization” by the State of Florida, Division of Business and Professional Regulations, as applicable.

2.6 Change of Project Manager. A change in the Consultant’s project manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be an Assistant City Manager). Replacement (including reassignment) of an approved project manager or public information officer shall not be made without submitting a resume for the replacement staff person and receiving prior written approval of the City Manager or his designee (i.e. the City project manager).

2.7 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.

2.8 Additional Terms or Conditions. This RFQ, including the attached Contract, contains all the terms and conditions applicable to any service being provided to the City resulting from award of contract. By virtue of submitting a proposal, consultant agrees not to require additional terms and conditions at the time services are requested, either through a separate agreement, work order, letter of engagement or purchase order.

APPENDIX C

Sample Contract

BY VIRTUE OF SUBMITTING A PROPOSAL, THE FIRM HEREBY TAKES NO EXCEPTIONS

TO THE TERM AND CONDITIONS NOTED IN THIS SAMPLE CONTRACT

AGREEMENT BETWEEN

CITY OF MIAMI BEACH

AND

XXXXXXXXXX

FOR

XXXXXXX PURSUANT TO REQUEST FOR QUALIFICATIONS

NO. 2025-399-WG

RESOLUTION NO. XXXXXX

TABLE OF CONTENTS

DESCRIPTION PAGE

ARTICLE 1. DEFINITIONS

ARTICLE 2. BASIC SERVICES… ..............................................................................…. 9

ARTICLE 3. THE CITY’S RESPONSIBILITIES

ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTON

COST……....…………………………...324

ARTICLE 5. ADDITIONAL SERVICES

ARTICLE 6. REIMBURSABLE EXPENSES

ARTICLE 7. COMPENSATION FOR SERVICES

ARTICLE 8. CONSULTANT’S ACCOUNTING AND OTHER RECORDS

ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS

…………………………………..…….21

ARTICLE 10. TERMINATION OF AGREEMENT

…………………………………………………..22

ARTICLE 11. INSURANCE

ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS

ARTICLE 13. ERRORS AND OMISSIONS

ARTICLE 14. LIMITATION OF LIABILITY

ARTICLE 15. NOTICE

ARTICLE 16. FLORIDA PUBLIC RECORDS LAW

ARTICLE 17. INSPECTOR GENERAL AUDIT

RIGHTS……………………………………………28

ARTCILE 18. MISCELLANEUS

PROVISIONS………………………………………………………29

SCHEDULES:

SCHEDULE A

SCHEDULE B

SCHEDULE C

ATTACHED SEPARATELY:

ATTACHMENT A: Resolution and Commission Award

ATTACHMENT B : Addenda and Request for Qualifications (RFQ) Solicitation

ATTACHMENT C: Consultant Proposal Response to RFQ and Sunbiz

AGREEMENT

BETWEEN THE CITY OF MIAMI BEACH

AND

XXXXXXXX

FOR

XXXXXX

This Agreement made and entered into this ______________ (Effective Date) by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and XXXXXXXX., a Florida Limited Liability company having its principal office at 7700 N. Kendall Drive, Suite 705, Miami, Florida 33156 (hereinafter referred to as Consultant).

W I T N E S E T H:

WHEREAS, on XXXXXXXX, 2025, the City Commission approved the issuance of

Request for Qualifications No. 2025-399-WG (the RFQ); and

WHEREAS the RFQ was intended to provide access to architectural and engineering consulting firms in accordance with the Florida Consultant’s Competitive Negotiation Act (CCNA) for future work as the need may arise; and

WHEREAS, on XXXXXXXX, 2025, the City Commission approved Resolution No.

XXXXXXXXXXX, authorizing the City to enter into negotiations with XXXXXX as the primary Consultant and, if successful, execute an agreement with the Consultant pursuant to the RFQ; and

WHEREAS, City and the Consultant have negotiated the following agreement pursuant to the RFQ; and

NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows:

ARTICLE 1. DEFINITIONS

1.1 Definitions. The definitions included in this Section are not exhaustive of all definitions used in this Agreement. Additional terms may be defined in other Contract Documents. The following terms shall have the meanings specified herein unless otherwise stated herein:

ADDITIONAL SERVICES: “Additional Services” shall mean those services, other than the

Basic Services and hourly rates in this Agreement, as described in Article 5 and the

Consultant Service Order, which the Consultant shall perform solely, at the City’s approval, and which must be duly authorized, in writing, by the City Manager or City Commission, in accordance with City policy.

APPLICABLE LAWS: “Applicable Laws” means all laws, statutes, codes (including, but not limited to, building codes), ordinances, rules, regulations, lawful orders and decrees of governmental authorities having jurisdiction over the Project, the Project Site or the Parties.

BASE BID: “Base Bid” shall mean the elements contained in the Construction Documents recommended by the Consultant (and approved by the City) as being within the Construction Cost Budget. “Base Bid” shall not include additive alternates or deductive alternates.

BASIC SERVICES: “Basic Services” shall include those services which Consultant shall perform in accordance with the terms of the Agreement, as described in Article 2 and the Consultant Service Order. Any Services not specifically enumerated as Additional Services (as defined herein) shall also be considered Basic Services.

CITY (OR OWNER): The “City” shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. In all respects hereunder, City’s obligations and performance is pursuant to City’s position as the owner of the Project acting in its proprietary capacity. In the event City exercises its regulatory authority as a governmental body including, but not limited to, its regulatory authority for code inspections and issuance of Building Department permits, Public Works Department permits, or other applicable permits within its jurisdiction, the exercise of such regulatory authority and the enforcement of any Applicable Laws shall be deemed to have occurred pursuant to City’s regulatory authority as a governmental body and shall not be attributable in any manner to City as a Party to this Agreement.

CITY COMMISSION: “City Commission” shall mean the governing and legislative body of the City.

CITY MANAGER: The “City Manager” shall mean the chief administrative officer of the City. The City Manager shall also be construed to include any duly authorized representatives designated by the City Manager in writing, including the Project Administrator, with respect to any specific matter(s) concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the City Commission under this Agreement, or to regulatory or administrative bodies having jurisdiction over the Project).

CONSTRUCTION COST BUDGET: The “Construction Cost Budget” shall mean the amount budgeted and established by the City to provide for the cost of construction of the Work for the Project (“Construction Cost”), as set forth in the Consultant Service Order.

CONSTRUCTION DOCUMENTS: “Construction Documents” shall mean the final (100% completed) plans, technical specifications, drawings, schematics, documents, and diagrams prepared by the architect/engineer of record for the Project, setting forth in detail the requirements for the construction of the Project. The Construction Documents shall set forth in full all details necessary to complete the construction of the Project in accordance with the Contract Documents. Construction Documents shall not be part of the Contract Documents, until (a) the Consultant has submitted completed Construction

Documents to the City and (b) they have been reviewed and approved by the City and any agencies having jurisdiction in accordance with the procedures as otherwise provided by the Contract Documents.

CONSULTANT: The named entity on page 1 of this Agreement, the “Consultant” shall mean the qualified and properly professionally licensed professional in the State of Florida and as otherwise required by any entities, agencies, boards, governmental authorities and/or any other professional organizations with jurisdiction governing the professional practice area for which the professional has been engaged by City and who will perform (or cause to be performed through subconsultants acceptable to the City) all Services required under this Agreement and/or Consultant Service Order. When the term “Consultant” is used in this Agreement it shall also be deemed to include any officers, employees, or agents of Consultants, and any other person or entity acting under the supervision, direction, or control of Consultant to provide any Services or similar professional services with respect to a Project (“subconsultants”). The Consultant shall not be replaced by any other entity, except as otherwise permitted in this Agreement.

Further, any subconsultant that may perform Services on behalf of the Consultant shall be a qualified and properly professionally licensed professional in the State of Florida and as otherwise required by any entities, agencies, boards, governmental authorities and/or any other professional organizations with jurisdiction governing the professional practice area for which the subconsultant has been engaged by Consultant to perform professional services in connection with the Project. The sub-consultants in Schedule “D” attached hereto, are hereby approved by the City Manager for the Project.

CONSULTANT SERVICE ORDER: Consultant Service Order (CSO) shall mean the work order issued, in writing, by the City to Consultant (in substantial form as in Schedule “A” attached hereto), that specifically describes and delineates the particular Services (Basic Services and/or Additional Services) which will be required of Consultant for the Project that is the subject of such CSO, and which may include studies or study activity, and/or professional services as defined in Section 287.055 of the Florida Statutes. CSOs must be approved pursuant to Contract Approval Authority Procedures 03.02 and 03.03. CSOs for Major Construction Projects shall be approved by City Commission.

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 Services, or the method and manner of performance thereof, or an adjustment in the fee and/or completion dates.

Changes to a CSO shall not be considered a contract amendment.

Contract Amendments shall be approved in accordance with Section 2-369 of the City Code and Contract Approval Authority Procedure 03.02. Notwithstanding, the City Manager reserves the right to seek and obtain the concurrence of the City Commission for approval of any such Contract Amendment.

CONTRACT DOCUMENTS: “Contract Documents” shall mean this Agreement (together with all exhibits, addenda, Consultant Service Orders, and written amendments issued thereto including Schedule “D” – the Human Trafficking Certification) and all Design Documents and Construction Documents. The Contract Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the Request for Qualifications (RFQ), instructions to bidders, bid form, bid bond, Design Criteria Package (if any), the Contract for Construction, surety payment and performance bonds, Conditions of the Contract for Construction (General, Supplementary, and other Conditions), Divisions 0-17 specifications, an approved Change Order(s), approved Construction Change Directive(s), and/or approved written order(s) for a minor change in the Work.

CONTRACT FOR CONSTRUCTION: “Contract for Construction” shall mean the legally binding agreement between City and Consultant for performance of the Work covered in the Contract Documents, including, without limitation, a general Consultant, construction manager, design-builder or any other duly licensed construction Consultant selected pursuant to any other procurement methodology available under Florida law.

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.

DESIGN CRITERIA PACKAGE or DCP: “Design Criteria Package” means concise, performance-oriented drawings or specifications of a design-build Project, prepared for the purpose of furnishing sufficient information to permit design-build firms to prepare a bid or a response to a City request for proposal, or to permit the City to enter into a negotiated design-build contract. The Design Criteria Package must specify performance-based criteria for the design-build Project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project.

DESIGN DOCUMENTS: “Design Documents” means all plans, drawings specifications, schematics and all other documents which set forth in full the design of the Project and fix and describe in detail the size, configuration and character of the Project concerning all items of the Project necessary for the final preparation of the 100% completed, permitted Construction Documents in accordance with the requirements of the Contract Documents including, without limitation, all architectural and engineering elements as may be appropriate. Design Documents shall not be part of the Contract Documents, until (a) the Consultant has submitted completed Design Documents to the City and (b) they have been reviewed and approved by the City and agencies having jurisdiction in accordance with the procedures as provided by the Contract Documents. However, approval by the City shall not in any way be construed, interpreted and/or deemed to constitute a waiver or excuse Consultant’s obligations to ensure the Design Documents are constructible, in compliance with all Applicable Laws and in accordance with the Contract Documents.

MAJOR CONSTRUCTION PROJECT: “Major Construction Project” means any building construction, improvement, or demolition with a value of $5 million or greater, or as amended.

PROJECT: The “Project” shall mean that certain City capital project described in the Consultant Service Order.

Project Cost: The “Project Cost” shall mean the estimated total cost of the Project, as described in the Consultant Service Order (CSO)

Project Scope: The “Project Scope” shall mean the description of the Project, as described in the Consultant Service Order (CSO).

PROJECT ADMINISTRATOR: The “Project Administrator” shall mean the individual designated by the City Manager who shall be the City’s authorized representative to issue directives and notices on behalf of the City with respect to all matters concerning the Services of this Agreement (exclusive of those authorizations reserved to the City Manager or City Commission under this Agreement, or to regulatory or administrative bodies having jurisdiction over the Project).

PROPOSAL DOCUMENTS: “Proposal Documents” shall mean the RFQ, together with all amendments or addenda thereto (if any), which is incorporated by reference 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. Consultant’s proposal in response to the RFQ is included for reference purposes only and shall not be incorporated as part of this Agreement, except with respect to Consultant’s representations regarding the qualifications and experience of Consultant and its key personnel, its commitment to provide the key personnel listed therein, and its capability to perform and deliver the Services in accordance with this Agreement and consistent with all representations made therein.

SCHEDULES: “Schedules” shall mean the various schedules attached to this Agreement and referred to as follows:

SCHEDULE A – Consultant Service Order SCHEDULE B – Hourly Rate Billing Schedule SCHEDULE C – Approved Subconsultants SCHEDULE D – Anti-Human Trafficking Certification

SCOPE 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.

SERVICES: “Services” shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement, including services delineated as part of the Scope of Services.

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, permitting fees and other similar costs, as determined by the City, that are not considered as direct costs for the construction of the Project.

WORK: “Work” shall mean all labor, materials, equipment, supplies, tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes and government approvals, licenses, tests, quality assurance and/or quality control inspections and related certifications, surveys, studies, and other items, work and services that are necessary or appropriate for the total construction, installation, and functioning of the Project, together with all additional, collateral and incidental items, and work and services required for delivery of a completed, fully functional and functioning Project as set forth in the Contract Documents.

STATEMENT OF PROBABLE CONSTRUCTION COST: The “Statement of Probable Construction Cost” shall mean the detailed estimate prepared by Consultant in Construction Standard Index (CSI) format or other format approved by the Project Administrator, which includes the Consultant’s estimated total construction cost to the City of the Work for the Project (as established in the Contract Documents, as they may be amended from time to time). The Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of each element of the Project and include a breakdown of the fees, general conditions and construction contingency for the Project.

Costs shall be adjusted to the projected bid date to take into account anticipated price escalation.

WORK: “Work” shall mean all labor, materials, equipment, supplies, tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes and government approvals, licenses, tests, quality assurance and/or quality control inspections and related certifications, surveys, studies, and other items, work and services that are necessary or appropriate for the total construction, installation, and functioning of the Project, together with all additional, collateral and incidental items, and work and services required for delivery of a completed, fully functional and functioning Project as set forth in the Contract Documents.

ARTICLE 2. BASIC SERVICES

2.1 The Consultant shall provide Basic Services for the Project, specifically described in the Consultant Service Order (CSO) and in accordance with the billing rate schedule attached hereto as Schedule “B”.

2.2 The Services will be commenced by the Consultant upon receipt of a written CSO signed by the City Manager or the Project Administrator. Consultant shall countersign the CSO upon receipt and return the signed copy to the City. CSOs shall be executed in accordance with Contract Approval Authority Procedure 03.02 or as amended. Any CSO not executed in accordance herewith shall be null and void.

2.3 As it relates to the Services and the Project, Consultant warrants and represents to the City that it is knowledgeable of and shall comply with all Applicable Laws. The Consultant agrees to comply with all Applicable Laws, whether 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.

2.4 The Consultant warrants and represents to the City that all of the Services required under this Agreement shall be…