R21-112 1 RESOLUTION NO. R21-112
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE CITY
5 MANAGER TO SIGN AN AGREEMENT UTILIZING THE
6 CITY OF BRADENTON, FLORIDA RFQ #18-07 WITH NUE
7 URBAN CONCEPTS LLC. FOR PROFESSIONAL SERVICES
8 FOR THE IMPLEMENTATION OF A COMPLETE STREETS
9 MOBILITY PLAN WITH AN ESTIMATED EXPENDITURE OF
10 $125,125.00; AND PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS,the City's Development Department is requesting to utilize the City
14 of Bradenton's Contract, RFQ #18-07, with Nue Urban Concepts LLC. for professional
15 services for the implementation of a Complete Streets Mobility Plan; and
16 WHEREAS, these services will provide the necessary updates to the existing
17 regulations and plans as well as the necessary ordinance in order to implement a Complete
18 Streets Mobility Plan; and
19 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems
20 it to be in the best interest of the citizens and residents to approve and authorize the City
21 Manager to sign an Agreement utilizing the City of Bradenton, Florida RFQ #18-07 with
22 Nue Urban Concepts LLC. for professional services for the implementation of a Complete
23 Streets Mobility Plan with an estimated expenditure of$125,125.00.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
25 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
26
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
30 Section 2. The City Commission approves and authorizes the City Manager to
31 sign an Agreement utilizing the City of Bradenton, Florida RFQ #18-07 with Nue Urban
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32 Concepts LLC. for professional services for the implementation of a Complete Streets
33 Mobility Plan with an estimated expenditure of$125,125.00, a copy of the Agreement is
34 attached hereto as Exhibit"A".
35 Section 3. This Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this 8th day of September, 2021.
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES NO
40
41 Mayor—Steven B. Grant t/
42
43 Vice Mayor—Woodrow L. Hay ✓
44
45 Commissioner—Justin Katz ✓
46
47 Commissioner—Christina L. Romelus ✓
48
49 Commissioner—Ty Penserga
50
51
52 VOTE SIP
53 ATTEST:
54
55
56
57 C stal Gibson, MMC
58 City Clerk
59
60
61 (Corporate Seal)
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R21-112
AGREEMENT FOR PURCHASING PROFESSIONAL SERVICES FOR
THE IMPLEAMENTATION OF MOBILITY FEE
This Agreement is made as of this 1L-1'"day of „2021 by and between Nue Urban
Concepts LLC with a principal address 1201 6th Ave West, Suite 100, Bradenton Fl 34205 and
THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of
Post Office Box 310,Boynton Beach,FL 33425 (the"City").
RECITALS
WHEREAS, in order to maintain Professional Services for the impleamentation of
Mobility fee to the public, the City's Finance Department is requesting the City enter into an
Agreement Nue Urban Concepts LLC to perform Land Development Regulations update;Mobility
Fee Ordinance and Comprehensive Plan; and
WHEREAS, Nue Urban Concepts LLC has agreed to allow the City to piggy-back the
City of Bradenton, Florida Agreement pursuant to Contract No. RFQ #18-07 to provide Land
Development Regulations update;Mobility Fee Ordinance and Comprehensive Plan in the amount
of$125,125 based on Contract No.RFQ#18-07 for a year term commencing September 8,2021;
and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged,the parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and Nue Urban Concepts LLC. agree that Nue Urban Concepts LLC
shall provide Professional Services for the impleamentation of a Mobility fee in the amount of
$125,125 based Land Development Regulations update; Mobility Fee Ordinance and
Comprehensive Plan Contract No RFQ#18-07 for a .year term commencing September 8,2021,
a copy of which is attached hereto as Exhibit"A",except as hereinafter provided:
A. All references to the City of Bradenton, Florida Contract No. RFQ #18-07 shall
be deemed as references to the City of Boynton Beach.
B. All Notices to the City shall be sent to:
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City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/Facsimile: (561) 742-6090
Copy : James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The following terms and conditions are hereby incorporated into the Agreement:
PUBLIC RECORDS. Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor
shall comply with Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and, following completion of the contract, Contractor
shall destroy all copies of such confidential and exempt records remaining in its
possession once the Contractor transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor's possession All records stored electronically by
Contractor must be provided to the CITY, upon request from the CITY's custodian of
public records, in a format that is compatible with the information technology systems of
the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
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RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVE. BOYNTON
BEACH, FLORIDA, 33435
561-742-6061
GIBSONC@BBFL.US
SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in
a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies
that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has
Contractor been engaged in business operations in Syria. Subject to limited exceptions provided
in state law, the City will not contract for the provision of goods or services with any scrutinized
company referred to above. Submitting a false certification shall be deemed a material breach of
contract. The City shall provide notice, in writing, to Contractor of the City's determination
concerning the false certification. Contractor shall have five (5) days from receipt of notice to
refute the false certification allegation. If such false certification is discovered during the active
contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error. If
Contractor does not demonstrate that the City's determination of false certification was made in
error then the City shall have the right to terminate the contract and seek civil remedies pursuant
to Section 287.135, Florida Statutes, as amended from time to time.
DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of
competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under
Florida Law.
EXECUTION OF THE AGREEMENT.This Agreement will take effect once signed by both parties.
This Agreement may be signed by the parties in counterparts which together shall constitute one
and the same agreement among the parties. A facsimile signature shall constitute an original
signature for all purposes.
Section 1. In the event that the City of Bradenton, Florida is amended, or terminated, Nue
Urban Concepts,LLC shall notify the City within ten(10)days. In the event the City of Bradenton,
Florida is amended or terminated prior to its expiration,this Contract shall remain in full force and
effect, and not be deemed amended or terminated, until specifically amended or terminated by the
parties hereto.
Section 2. Nue Urban Concepts, LLC agrees that in the event it enters into a Contract for
the same (or substantially similar) scope of services with another local government in Florida
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which contains a term or condition, including fees, charges or costs, which the City determines to
be more favorable than the terms in this Contract, the parties shall enter into an Addendum to
provide those terms to the City.
Section 3. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 4. In all other aspects, the terms and conditions of the City of Bradenton, Florida
are hereby ratified and shall remain in full force and effect under this Contract,as provided by their
terms.
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Zn.:449-1,_
By: t2 6:7' 14.-, 1/24.4.--,—
ori
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ori LaVerriere, City Manager
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APPROVE" AS '0 F• ' . `. r'
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James A. Cherof, • ttorney ,,govN't�
WITNESSES: Nue Urban Concepts, LLC
kptrA rh li 4645 BY: \ . '1•
Print N. •e: Jonathan B.Paul
. -TtNt.." ("TO . Title: Principal
ATTEST:
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SECRETA Y
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EXHIBIT A
AGREEMENT BETWEEN CITY OF BRADENTON,FLORIDA
AND NUE URBAN CONCEPTS, LLC
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City of Bradenton,Florida
ter- ;. .
bradenton
F..chdfy C.t,
Professional Services Agreement
RFQ#18-07 Planning Services
This CONTINUING SERVICES CONTRACT(the"Contract"),is made this 19t11 day of July
2018,between the CITY OF BRADENTON(hereafter referred to as"CITY"or"CLIENT")a
municipal corporation of the State of Florida located at 101 Old Main Street,Bradenton,Florida
34205,and NUE URBAN CONCEPTS,LLC(herein after referred to as"CONSULTANT"),
with a principal office located at 1201 Sixth Avenue West, Suite 100, Bradenton,Florida 32405.
WHEREAS,the CITY desires to obtain Planning services from CONSULTANT for assigned
projects in Bradenton,Florida(herein after referred to as"Continuing Services Projects") and
issued RFQ 18-07 pursuant to Section 287.055 of Florida Statutes,to find qualified professionals
to fulfill the need for these services;and
WHEREAS,the Term of Contract is three(3)years after CITY approves the Contract,and
CITY may,at its option, at a regular or special City Council meeting,renew this Contract at the
end of the Term for an additional renewal term of up to two(2) one-year extensions;and
WHEREAS,the CITY retains CONSULTANT to perform the services described herein on an
"as needed"basis,as designated, authorized,and assigned by the CITY, and the CITY agrees to
compensate CONSULTANT for such services in accordance with this Contract;and
WHEREAS,it is the primary intent of this Contract to ensure that CONSULTANT is available
to provide professional services,in accordance with mutually agreed upon conditions,and the
CITY has complied with all requirements of the Consultants Competitive Negotiation Act,in
selection of CONSULTANT for this Contract; and
NOW,THEREFORE,the CITY and CONSULTANT,for and in consideration of the
provisions,mutual promises,covenants and conditions hereinafter set forth or recited,agree as
follows:
1. Recitals. The recitals in the WHEREAS clauses are incorporated by reference and made
a part of this Contract.
2. Request for Qualifications. Request for Qualifications (RFQ) 18-07 and the
CONSULTANT's response thereto are incorporated into this Contract by reference. In the
event of any conflict between the relevant documents,any such conflict shall be resolved
by first looking to this contract, second, looking to the CONSULTANT's response, and
third, looking to the RFQ.
3. Scope of Services.
3.1 The CONSULTANT's services consist of those services performed by the
CONSULTANT, CONSULTANT's employees, and CONSULTANT's Sub-
Consultants as enumerated and described in Exhibit A — Scope of Services in
connection with this Continuing Service Contract.
3.2 The CONSULTANT's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly progress of the Work.Upon request
of the CITY, the CONSULTANT shall submit within 48 hours for the CITY's
approval, a proposal for the performance of the CONSULTANT's services. The
proposal shall contain a description of scope of proposed service, schedule upon
which services will be provided,and all fees for services as described in Article 5.
Time limits established by this proposal as approved by the CITY shall not,except
for reasonable cause, be exceeded by the CONSULTANT or CITY.
3.3 The CONSULTANT shall use the Project Team as designated from among the
individuals listed on Exhibit B, Key Employees. The CONSULTANT shall not
remove or replace any members of the Project Team,except upon written notice to
and approval by the CITY based upon good cause shown. CITY's approval of such
requests for team changes shall not be unreasonably withheld.
3.4 All services rendered by the CONSULTANT shall be conducted under the
responsible charge of persons properly licensed and certified in accordance with
Florida Statutes and other applicable rules and regulations. Proof of Certification
for each individual professional providing service shall be provided by the
CONSULTANT to the CITY prior to services being rendered.
3.5 It is understood and agreed that the CONSULTANT's services under this Contract do
not include participation,whatsoever, in any litigation except litigation stemming
from the CONSULTANT's negligence or breach of this Contract. Should such
services be required,a supplemental agreement may be negotiated between the CITY
and the CONSULTANT describing the services desired and providing a basis for
compensation to the CONSULTANT.
4. Time of Completion. CONSULTANT shall commence Basic Services upon receipt of a
written notice signed by the OWNER's Representative. CONSULTANT shall include in
its proposal a schedule for the Scope of Work defined by CITY. The schedule will be
agreed upon on a project by project basis. CONSULTANT shall complete work in
accordance with the schedule, it being understood that time is of the essence in this
Contract.CONSULTANT shall accelerate performance of Basic Services and Additional
Services in the manner directed by CITY, in the event CITY in its sole discretion,
determines that such acceleration is necessary to maintain the Schedule.
5. Fees.The CITY agrees to pay to CONSULTANT for Basic Services,as set forth in Exhibit
A, a fee based upon an approved written proposal for each Work Order to be completed
under the Contract.
5.1 The method of compensation will be established by the CITY based on the scope
of each Work Order from the following options.
a. For Work Orders where the scope can be reasonably defined and has a specific
schedule,compensation shall be a Lump Sum for each task calculated based on
the estimated hours to be worked by the CONSULTANT for each of the tasks
or subtasks multiplied by the standard hourly rates as agreed to in Exhibit C.
Based on this calculation,a Lump Sum fee for each task will then be agreed to
by the CITY and CONSULTANT prior to authorization of the Work Order.
The total of the Lump Sum fees for all tasks in a Work Order shall be the total
and complete amount payable to the CONSULTANT for performance of the
Work Order and shall include the cost of all labor, overhead, profit, direct
project expenses and expenses of any nature associated with completion of the
Work Order tasks.
b. For indeterminate Work Orders, where the scope and/or schedule cannot be
reasonably defined,compensation shall be on a"time&materials"basis with a
preliminary, "not to exceed" budget agreed to by the CONSULTANT and
CITY. Compensation shall be made for actual work performed in accordance
with the schedule of rates included as Exhibit C.
5.2 Reimbursable expenses shall include only the actual and necessary costs and
expenses reasonably and properly incurred by the CONSULTANT in connection
with the services rendered under this Contract. Reimbursable expenses shall
include the costs of any subconsultants utilized for the completion of authorized
services. The costs and expenses shall be invoiced by the CONSULTANT at their
actual cost with no markup allowed. CONSULTANT shall provide any
documentation required by the CITY related to said costs and expenses.
5.3 The CONSULTANT shall not exceed the approved Work Order cost without prior
written approval from the CITY. Any increases in the actual work tasks or the level
of effort for each work task shall be considered additional services for which the
CONSULTANT will be entitled to additional compensation, using the methods
defined in this Section of the Contract, and as mutually agreed to by the CITY and
CONSULTANT.
5.4 The CONSULTANT shall submit invoices for services provided and fees earned
on a monthly basis. Such invoicing shall be supported by a Progress Report
showing the actual tasks performed and their relationship to the percentage of fee
claimed. All progress reports and invoices shall be mailed to the attention of the
CITY's Director of Public Works, 1411 9th St. W.,Bradenton,Florida 34205.
5.5 Monthly invoices shall be paid by the CITY in accordance with Florida Statute
218.74. Resolution of improper payment requests or disputes between the CITY
and the CONSULTANT will be resolved in accordance with Statute 287.76.
6.0 Ownership of Documents. All drawings,computations,details,design calculations and other
documents and plans that result from the CONSULTANT's services under this Contract are to
become the property of the CITY. Documents prepared by the CONSULTANT pursuant to
this Contract are not intended nor represented to be suitable for reuse by the CITY or others on
extensions of a Project or on any other project. Any use of completed documents for other
projects and any use of incomplete documents without specific written authorization from the
CONSULTANT shall be at the CITY's sole risk and without liability to the CONSULTANT.
Further,any and all liability arising out of changes made to the CONSULTANT's deliverables
to the CITY made under this Contract by the CITY or persons other than the CONSULTANT
is waived as against the CONSULTANT and the CITY assumes full responsibility for such
changes unless the CITY has given the CONSULTANT prior notice and has received form the
CONSULTANT written consent for such changes.
7.0 Insurance. The CONSULTANT shall procure and maintain at the CONSULTANT's own
expense,for the entire term of this Contract,the following insurance coverage. Within 10 days
following the approval of this Contract, the CONSULTANT shall furnish the CITY a
certificate or certificates of insurance in a form satisfactory to the CITY showing that
CONSULTANT complies with the requirements of this paragraph. All certificates shall
specify the policy shall not be cancelled without providing written notice to the CITY at least
30 days prior to any cancellation. The CITY shall be named as an additional insured on each
policy as appropriate.
7.1 Worker's Compensation—Unless otherwise allowed by Florida law,and approved by
the CITY, CONSULTANT shall provide Worker's Compensation for all employees,
with minimum limits statutory for Worker's Compensation and $1,000,000 for
Employer's Liability.
7.2 Commercial General Liability—the limits are to be applicable only to work performed
under this Contract and shall be those that would be provided with the attachment of
the Amendment of Limits of Insurance(Designated Project or Premises)endorsement
(ISO form CG 25 03) to a Commercial General Liability Policy with the following
minimum limits:
• Products/Completed Operations Aggregate $1,000,000
• Personal and Advertising Injury $500,000
• Each Occurrence $500,000
7.3 Comprehensive Automobile Liability — The CONSULTANT shall provide coverage
for Each Occurrence Bodily Injury and Property Damage Liability Combined of not
less than $1,000,000. Annual Aggregate (if applicable) Three (3) Times the Each
Occurrence Limit.
7.4 Professional Liability Insurance—Professional Liability Insurance(including coverage
for the Schedule of Fees and Services to be performed under this Contract), for
protection from negligent acts, errors, and omissions of CONSULTANT from or in
connection with the performance of CONSULTANT's services.CONSULTANT must
maintain a comprehensive liability policy, including errors and omissions coverage,
issued to CONSULTANT as the insured.Said policy shall be issued and underwritten
by a licensed insurer, authorized as such in the State of Florida. Said policy shall
provide coverage for the acts or omissions of CONSULTANT in a minimum amount
of$1,000,000.00 per claim. Said comprehensive professional liability policy shall be
underwritten by an insurer who,in the most current edition of Best's Key Rating Guide,
has(1)a rating classification of "A"or better,and(2)a financial size category rating
of Class IV or higher.
7.5 Certificates of Insurance and Copies of Policies—Certificates of Insurance in triplicate
evidencing the insurance coverage specified in the above paragraphs shall be filed with
the CITY's Purchasing Manager before operations are begun. The required certificates
of insurance shall name the types of policy,policy number,date of expiration,amount
of coverage,companies affording coverage,and shall refer specifically to the proposal
number, project title, and location of project. Insurance shall remain in force for a
minimum of one(1)year after completion and acceptance of the project by the CITY,
in the amounts and types as stated herein, including coverage for all products and
services completed under this Contract.
8.0 Protection of Resident Workers. The CITY supports the Federal Immigration and
Nationality Act (INA) which includes provisions addressing employment eligibility,
employment verification and non-discrimination. The CONSULTANT is held responsible to
establish appropriate procedures and controls so no service under this Contract will be
performed by any worker who is not legally eligible to perform such services. The CITY shall
have the right to immediately terminate this Contract if the CITY determines that the
CONSULTANT has failed to perform satisfactorily with respect to its employment.
9.0 Termination,Suspension,Disputes,or Abandonment. This Contract may be terminated by
either party for failure of the other party to substantially perform their obligations under this
Contract. The CITY shall have the sole right and option to suspend or terminate this Contract
without cause,provided that 30 days' prior notice is given to the CONSULTANT.
9.1 In the event of termination, the CITY shall pay the CONSULTNAT for all services
rendered to the date of termination, all reimbursable expenses, and reimbursable
termination expenses, and the CITY shall have no further obligation to
CONSULTANT for payment to CONSULTANT of the remainder of its fees, unless
and until Continuing Services Projects are resumed by the CITY.
10.0 Term. The term of this Contract is for a period of three(3)years,commencing on the date of
execution of this Contract. The CITY reserves the right, upon written request from the
CONSULTANT,to extend this Contract up to two(2)times,with each extension for a period
of one(1)year, Such extensions shall be subject to the same terms and conditions,as stated
herein.
11.0 Subconsultants. Any proposed subconsultants the CONSULTANT wishes to utilize as part
of its services for any Work Order shall be submitted to the CITY for approval prior to
CONSULTANT entering into a subconsultant agreement. Such approval by the CITY shall
not be unreasonably withheld. CITY shall not be liable to CONSULTANT in any manner
whatsoever arising out of the CITY's objection to a proposed subconsultant.
11.1 CONSULTANT shall coordinate the services and work product of any subconsultants
and remain fully responsible for the professional quality, technical accuracy and the
coordination of all designs, drawings, specifications, and other services furnished by
the CONSULTANT or its subconsultants, and CONSULTANT shall review and
approve of any designs, drawings, specifications, shop drawings, submittals, or other
services produced or furnished by any subconsultants prior to submittal to the CITY.
CONSULTANT shall correct or revise any subconsultant errors or deficiencies in the
designs,drawings,specifications or other services produced pursuant to this Contract
and shall provide CITY with such corrections or revisions at its sole expense.
11.2 Any subconsultant agreement shall reflect the terms of this Contract and require the
subconsultant, to the extent of the services to be performed by the subconsultant, to
assume toward CONSULTANT all the obligations which CONSULTANT by this
Contract assumes toward the CITY,it being understood that nothing herein shall in any
way relieve CONSULTANT from any of its duties under this Contract.
11.3 CONSULTANT shall cooperate at all times with CITY,and cooperate and coordinate
with, and incorporate the work product of, any separate consultant, in any fashion
appropriate or necessary to facilitate the design and construction of Continuing
Services Projects within the project's budget and schedule. In the event CITY so elects
and upon written mutual consent(which consent shall not be unreasonably withheld),
as evidenced by a Work Order under this Contract,CONSULTANT shall accept any
assignment of any agreement or contract CITY may have with any separate consultant.
IN WITNESS WHEREOF,the parties hereto accepted,made,and executed this Agreement upon the
terms and conditions above stated,this 19t1'day of July,2018.
CONSULTANT CITY
NUE Urban Concepts,LLC City of Bradenton
1201 Sixth Avenue West,Suite 100 1411 9`h Street West
Bradenton,FL 34205 Bradenton F o ida 34
r1
By: . , i A• r�o.r *'��, �I
Jo'than B.Paul,AICP %V O Wayne Poston
i
Principal,NUE Urban Concepts, LI e • Z Mayor,City of Bradenton
1 ',m.o., .
Witness for CONSULTANT: 11‘����n = Witness r CITY:
By: lvu� By: C�lalAst-(
Brco K I n(`')a nsorn.e
Sharon Beauchamp
City Clerk/Treasurer
ApprI ed a3/•rm:ig
By:
William Lisch
Attachments City Attorney
Exhibit A—Scope of Services
Exhibit B—Key Personnel
Exhibit C- Standard Hourly Rate Schedule
EXHIBIT A
SCOPE OF SERVICES
TYPICAL SCOPES OF SERVICES
The scope of the professional services to be provided under this Contract will vary based
on the specific needs of the CITY that arise over the duration of the Contract. It is
anticipated that the CONSULTANT will be available to provide such services,as required,
to all CITY departments including Public Works&Utilities,Planning& Community
Development and City Clerk and Treasurer. The CONSULTANT will take assignments
on a project-by-project basis pursuant to the terms of this Contract.
It is stipulated herein that the CONSULTANT is not guaranteed work assignments under
the Contract. Any assignments issued under this Contract shall be in accordance with the
stipulations for continuing services contracts outlined in Chapter 287.055 of the Florida
Statutes, also known as the"Consultant's Competitive Negotiation Act",or CCNA.
The general scope of work to be provided to accomplish the CITY's objective includes a
broad range of professional planning services related to miscellaneous projects as may be
designated by the CITY. The types of assignments that may be required during the
duration of this Contract include but are not necessarily limited to the following general
planning services:
• Land Development Code(land use regulations)update(zoning and subdivision
regulations)
• Affordable housing policy/strategies
• Comprehensive planning policy/data and analysis
• Design Guidelines
• Multimodal transportation policies/mobility fee study and implementation
• Historic Preservation Documentation (structures,sites,or districts),Ordinance
Update
2579 SW 87" Drive, Suite 101
Gainesville, FL 32608
NUE URBAN CONCEPTS 352-363-0614
LAND USE •MOBILITY• PARKING • FEES www.nueurbanconcepts.com
nueurbanconceptsNgmail.com
August 9th, 2021
Amanda Radigan,AICP
Principal Planner
City of Boynton Beach
Development, Planning&Zoning
100 E. Ocean Avenue
Boynton Beach, FL 33435
RE: SCOPE OF SERVICE FOR MOBILITY PLAN &FEE IMPLEMENTATION
NUE Urban Concepts (NUC) is pleased to submit our proposal to provide a scope of service
to assist the City of Boynton Beach with Mobility Plan and Mobility Fee Implementation.
I. ABBREVIATED PROJECT DESCRIPTION
The City of Boynton Beach has commenced with the development of a Mobility Plan and a
Mobility Fee. The CLIENT is requesting that NUC assist with implementation of the City's
Mobility Plan and Mobility Fee based upon the Complete Streets Mobility Plan and Mobility
Fee Technical Report.
II. SCOPE OF SERVICES
Task 1: Administrative Coordination: NUC will coordination with multiple City
departments and divisions including building permit, budgeting, finance,
planning,public works,and the City Attorney and/or outside legal counsel to
coordinate development of a Mobility Fee Ordinance.
Task 2: Develop Mobility Fee Ordinance: NUC will prepare a legally and statutorily
compliant Mobility Fee Ordinance that the legal basis to enact a Mobility Fee
and allows the City to begin to assess new development for its transportation
mobility impact. The Ordinance will address legislative findings, definitions,
collection and expenditure of fees, offsets for redevelopment of existing uses,
credits for prior mitigation payments,special studies,auditing,fund accounts,
annual reports, challenges and updates.
www.nueurbanconcepts.com
NIDE URBAN CONCEPTS
Task 3: Comprehensive Plan Update: NUE Urban Concepts will prepare updates to
goals, objectives and policies in the City's Comprehensive Plan to reflect
adoption of a Mobility Plan and Mobility Fee. The update will address
potentially conflicting policies, transportation concurrency exception area
policies, preparation for potential expansion of the mobility fee and plan city
wide, the integration of the mobility plan into the comprehensive plan,
updates to level and quality of service standards, along with other legal and
statutory requirements related to mobility planning.
Task 4: Prepare Report on Proposed Amendments: NUE Urban Concepts will
prepare a written report describing the reason for each proposed amendment
and to the extent required, how the amendment relates to statutory or legal
requirements. The report will also include the basis and the rationale behind
the request to amend the comprehensive plan.
Task 5: Response to Agency Comments: NUE Urban Concepts will prepare
responses to comments from DEO and other agencies that may comment or
object to the proposed amendment. NUE Urban will also prepare updates
amendments as necessary to address comments.
Task 6: Land Development Regulations (LDR) Update: NUE Urban Concepts will
prepare updates to requirements and standards in the City's Land
Development Regulations to reflect adoption of a Mobility Plan and Mobility
Fee. The update will address potentially conflicting transportation
concurrency requirements within the mobility fee assessment area and
needed updates for areas outside of the mobility fee assessment area. The
updates will implement and integrate level and quality of service standards,
along with other legal and statutory requirements related to mobility planning.
The LDRs will also implement mobility strategies established in the
Comprehensive Plan.
Task 7: Prepare Summary of LDR Update: NUE Urban Concepts will prepare a
written summary describing the reason for the proposed updates and to the
extent required, how the amendment relates to statutory or legal
requirements and consistency with the comprehensive plan.
www.nueurbanconcepts.com 2
NIDE URBAN CONCEPTS
Task 8: Response to LDR Comments: NUE Urban Concepts will prepare responses to
comments from outside parties that may comment or object to the proposed
updates. NUE Urban will also prepare amendments to the Land Development
Regulations as necessary to address comments.
Task 9: Building Permit Integration: NUE Urban Concepts will assist the City with
integration of the mobility fee into the City's building permit process and
assisting intake staff with the collection and determination of mobility fees.
Task 10: Finance and Accounting Coordination: NUE Urban Concepts will assist the
City with establishment of the appropriate funding accounts and address
statutory requirements. NUC will assist the finance and accounting
department with the tracking of collections and expenditures and the annual
certification and reporting requirements of Florida Statute Section 163.31801.
Task 11: Service Charge Study: NUE Urban Concepts will develop a service charge
study to meet statutory requirements that service charges levied do not
exceed the cost to administer and implement the Mobility Fee. The study will
evaluate all departments involved in the process, their time and cost related
to Mobility Fees and prepare a proposed service assessment.
Task 12: Administration Procedures: NUE Urban Concepts will assist the City with
development of common administrative procedures to address request for
interpretations, credits, off-sets, and special studies. The procedures will also
address initial assessments and request for reassessments.
Task 13: Establish Mobility Access / Site Impact Study Criteria: NUE Urban
Concepts will work with the City to establish threshold requirements for when
mobility access/site impact studies are required by new development,as well
as any applicable tiers which shall address the extent of an area to be evaluated.
The threshold requirements will address studies required for comprehensive
plan amendments, request for rezoning, special use permits and exemptions,
as well as development plan / order review of final engineering plans.
Development outside the mobility fee assessment will still be subject to
existing transportation concurrency requirements.
www.nueurbanconcepts.com 3
NIDE URBAN CONCEPTS
Task 14: Prepare Mobility Access / Site Impact Study Requirements: NUE Urban
Concepts will prepare requirements for new development and redevelopment
to evaluate site access. The requirements will address access for people
walking, bicycling, accessing transit and driving. The requirements will
address driveway and multimodal connections to adjacent streets as well and
cross-access to adjacent parcels.
In addition, the requirements will establish criteria to evaluate gaps in the
existing multimodal network around the development, as well as adjacent
major intersections and mid-block crossings.The mobility access/site impact
study requirements may also become requirements for developments
required to conduct traffic impact analysis for transportation concurrency.
Task 15: Response to Mobility Access / Site Impact Study Comments: NUE Urban
Concepts will prepare responses to comments from the development
community and outside parties that may comment on the proposed updates.
NUE Urban will also prepare amendments,as necessary to address comments.
Task 16: Meetings and Presentations: NUE Urban Concepts will participate and
present at up to five (5) public hearings and or workshops. NUE Urban
Concepts will participate in up to fifteen (15) one-hour virtual conference call
meetings with City Staff to discuss implementation and prepare for public
hearings. Additional in person meetings will require a scope amendment or
separate scope.
Deliverables:
(1) Mobility Fee Ordinance
(2) Comprehensive Plan Amendment
(3) Land Development Regulation Update
(4) Service Charge Study
(5) Administration Procedures
(6) Mobility Access/ Site Impact Requirements
www.nueurbanconcepts.com 4
NUE URBAN CONCEPTS
III. FEE HOURS
NUE Urban Concepts will invoice hours worked, cost, and percent of task
completed as part of a monthly invoice. NUE Urban Concepts hourly rate is $175
per hour. The scope is proposed to require up to 715 hours with a cost not to
exceed $125,125. The following are the hours estimates and cost per task:
Task Hours Projected
Cost
Task 1:Administrative Coordination 20 $3,500
Task 2: Development of Implementing Ordinance 100 $17,500
Task 3: Comprehensive Plan Amendments 60 $10,500
Task 4: Comprehensive Plan Amendment Narrative 25 $4,375
Task 5: Response to Agency Comments 20 $3,500
Task 6: Land Development Regulation Update 50 $8,750
Task 7: Summary of LDR Update 15 $2,625
Task 8: Response to LDR Comments 10 $1,750
Task 9: Building Permit Integration 10 $1,750
Task 10: Finance and Accounting Coordination 10 $1,750
Task 11: Service Charge Study 60 $10,500
Task 12:Administration Procedures 40 $7,000
Task 13: Establish Mobility Access/Site Impact Study Criteria 25 $4,375
Task 14: Prepare Mobility Access/Site Impact Study Requirements 70 $12,250
Task 15: Response to Mobility Access/Site Impact Study Comments 20 $3,500
Task 16: Meetings&Presentations 180 $31,500
Total 715 $125,125
IV. SCHEDULE
(1) Mobility Fee Ordinance Submittal - October 2021
(2) Mobility Fee Ordinance Adoption - December 2021
(3) Comprehensive Plan Amendment Submittal- December 2021
(4) Comprehensive Plan Amendment Adoption- March 2022
(5) Land Development Regulation Submittal -January 2022
(6) Land Development Regulation Adoption- March 2022
(7) Service Charge Study- March 2022
(8) Administrative Procedures - March 2022
(9) Mobility Access / Site Impact Requirements - March 2022
www.nueurbanconcepts.com 5
EXHIBIT B
KEY PERSONNEL
NUE URBAN CONCEPTS PERSONNEL
Jonathan B.Paul,AICP
Principal
NUE Urban Concepts,LLC
jbpaul@nueurbanconcepts.com
EXHIBIT C
STANDARD HOURLY RATES SCHEDULE
•
NUE URBAN CONCEPTS RATES SCHEDULE
Principal/Planner $175 per hour
NUEUR-1 OP ID:CT
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`-� 07/17/201 s
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
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this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER 352-338-0552 EACT Eileen Beckler
Darr Schackow Insurance Agency PH NE 352-338-0552 FAX
5200-B Newberry Road (A No,Est): (A/C,No):352.376-5741
GainesvilleFL 32607 Aoo ass:EBeckler(darrschackowinsurance.com
John Darr IV
INSURERISI AFFORDING COVERAGE MAIC fl
INSURER A:Lloyds of London
INSURED Nue Urban Concepts LLC INSURER B;Owners Insurance Company 32700
2579 SW 87th Drive
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EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INaR ADOL BURR POUCY EFF POLICY EXP
LTB TYPE OF INSURANCE VACUUM POUCY NUMBER IMM/DDIWW ,IMM/DDN'YYY) UNITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000
CLAIMS-MADE X OCCUR PSG02461063 0110112018 01/01/2019 DAMAGETORENTEO 250,000
Y PREMISES lEa occurtence) S
MED EXP(Any one Corson) S 5,000
PERSONAL 8 ADV INJURY S 1,000,000
N'L AGGREGATE UMIT APPUES PER: GENERAL AGGREGATE S 2'000'000
X POLICY ,Ta LOC PRODUCTS-COMP/OP AGG S 1,000,000
OTHER: S
B AUTOMOBILE UABIUTY (Ea a8c deb SINGLE LIMIT S 1,000,000
X ANY AUTO 51-177-847-00 04/25/2018 10/25/2018 BODILY INJURY(Per person) S
OWNED SCHEDULED
_AUTOSAI���ONLY _AUTOS BODILY
BODILY INJURY(Per accident) S
AUTOS ONLY _AUtO ONLY (Peers eMDAMAGE
1 S
UMBRELLA UAB _ OCCUR EACH OCCURRENCE S
EXCESS UAB CLAIMS-MADE AGGREGATE _S
DED RETENTION S $
WORKERS COMPENSATION 111FAtnin OTTH-
AND EMPLOYERS'LIABIUTY Y I N
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT S
DEI t EP EXCLUDED? N I A
IMa NEE L DISEASE-EA EMPLOYEE S
It yes,describe under
DESCRIPTION OF OPERATIONS below E DISEASE-POLICY LIMIT S
A Professional PSG02461053 01/01/2018 01/01/2019 Ea.Occ. 1,000,000
Liability Aggregate 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space Is required)
CERTIFICATE HOLDER CANCELLATION
CITYBRA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Bradenton ACCORDANCE WITH THE POLICY PROVISIONS.
Purchasing Department
1300 6th Street West AUTHORIZED R
E
PRESENTATIVE
Bradenton,FL 34205 7
ACORD 25(2016/03) ®1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Form W-9 Request for Taxpayer Give Form to the
(Rev.December2014) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
1 Name(as shown on your income tax return).Name Is required on this fine;do not leave this line blank.
Jonathan B.Paul
csi 2 Business name/disregarded entity name,if different from above
S, NUE Urban Concepts,LLC
m
a3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to
° ❑� Individual/sole proprietor or ❑ C Corporation 1=1S Corporation 1=1Partnership ❑Trust/estate crsntctionsion page 3)Niduals;see
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c the tax classification of the single-member owner. code(if any)
❑Other(see instructions)► ~4.f.accounts maintlned outside rna u s
5 Address(number,street,and apt.or suite no.) Requester's name end address(optional)
12579 SW 87th Drive
6 City,state,and ZIP code
U) Gainesville,FL 32608
7 List account number(s)here(optional)
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Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other - -
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3. or
Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for I Employer identification number
guidelines on whose number to enter.
4 5 - 3 6 8 7 2 5 5
Part II Certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3. I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I em exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3.
Sign
Here usnpersone t►
"WI•
Date► 7/7/T
/B
General Instruction,I •Form 1098(home mortgage Interest),1098-E(student loan interest),1098-T
(tuition)
Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt)
Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property)
as legislation enacted after we release it)is at www.irs.gov//w9.
Use Form W-9 only If you are a U.S.person(including a resident alien),to
Purpose of Form provide your correct TIN.
An individual or entity(Form W-9 requester)who is required to file an information 1f you do not return Form W-9 to the requester with a TIN,you might be subject
return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2.
which may be your social security number(SSN),Individual taxpayer identification By signing the filled-out form,you:
number(MIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving Is correct(or you are waiting for a number
identification number(EIN),to report on an information return the amount paid to to be issued),
you,or other amount reportable on an Information return.Examples of information
returns Include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or
•Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding If you are a U.S.exempt payee.If
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any partnership Income from a U.S.trade or business Is not subject to the
•Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected Income,and
•Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are
brokers) exempt from the FATCA reporting,is correct.See What Is FATCA reporting?on
•Form 1099-S(proceeds from real estate transactions) page 2 for further information.
•Form 1099-K(merchant card and third party network transactions)
Cat.No.10231X Form W-9(Rev.12-2014)
JEFF ATWATER
CHIEF FINANICAL OFFICER STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS'COMPENSATION
**CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW**
NON-CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law.
EFFECTIVE DATE: 4/26/2017 EXPIRATION DATE: 4/26/2019
PERSON: PAUL JONATHAN B
FEIN: 453687255
BUSINESS NAME AND ADDRESS:
NUE URBAN CONCEPTS, LLC
2579 SW 87TH DRIVE
GAINESVILLE FL 32608
SCOPE OF BUSINESS OR TRADE:
Architectural or Engineering Architectural or Engineering
Firm-Including Salespersons& Firm-Clerical
Drivers
IMPORTANT:Pursuant to Chapter 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under
this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12),F.S.,Certificates of election to be exempt...apply
only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to Chapter 440.05(13),F.S.,Notices of election to be
exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the Issuance of the certificate,the
person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a
certificate at any time for failure of the person named on the certificate to meet the requirements of this section.
DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS?(850)413-1609
NOTE: Anyone wishing to view supporting documents for agenda items, please contact Tamara
Melton, Deputy Clerk: 941-932-9463 or Cityclerk@cityofbradenton.com.
BRA
�� -°�ti�, City of Bradenton, Florida
1111:'6:1
<1 ,..,eI City Council Agenda Memorandum
Agenda Item: Agenda Date:
Nue Urban Concepts J February 24, 2021
Planning Services Extension
Originated by:
Carl Callahan on behalf of Q Proclamation ONew Business
Planning & Community Development QPresentation Business by Appt.
Authorized by: 0 Consent QCRA Business
Carl Callahan °Business/Advertising/Hearings
()Unfinished Business
I I This item is Quasi-Judicial
nThis item requires a public hearing
Explanation:
Nue Urban Concepts is currently under contract to provide planning services that include Land
Development Code, Mobility Plan and Mobility Fees, as well as the proposed Micromobility Ordinance.
The current contract is set to expire July 18, 2021. The projects are in various stages of completion,
with the Mobility Plan and the Micromobility ordinance ready to go to a Council workshop and then
on to final approval. This contract extension is requested in order to allow the new Planning Director
to be intimately involved in the finalization of the Land Development Code. This process could extend
beyond the term of the current contract. In an abundance of caution the recommendation is to
exercise the first of two 1-year extensions provided for in the original RFQ 18-07.
Financial Impact:
Fees as currently budgeted and contracted.
Attorney Review/Recommendation:
n/a
Requested action to be taken by Council:
Approve the one-year extension of the contract with Nue Urban Concepts
Recommended Motion:
Same.
Attachments:
Planning Services Extension from Nue Urban Concepts/Jonathan Paul, AICP
1201 6th Avenue West,Suite 100
Bradenton, FL 34205
NUE URBAN CONCEPTS nueurbanconceptsigmail.com
www.nueurbanconcepts.com
LAND USE • MOBILITY• PARKING • FEES 352-363-0614(c) 833-NUC-8484(o)
February 16th, 2021
Mr. Marshall McCrary
Planning&Zoning Manager
City of Bradenton
101 Old Main Street
Bradenton, FL 32405
RE: CITY OF BRADENTON PROFESSIONAL SERVICES AGREEMENT
RFQ#18-07 PLANNING SERVICES EXTENSION
Dear Mr. McCrary:
NUE Urban Concepts has been a consultant providing planning services to the City consistent
with the Scope of Services established in RFQ#18-07.The contract was entered into on July
19th, 2018 for a three (3) year term set to expire on July 18th, 2021. NUE Urban Concepts has
submitted a draft update to the Unified Land Development Code,a Mobility Plan and Mobility
Fee, and a Micromobility Ordinance. The Covid-19 Pandemic has resulted in unique and
unforeseen delays in the review of submitted documents and in holding timely workshops.
As operating parameters for Covid-19 have taken hold,work products are flowing and being
finalized for public workshop and hearings. However, with hearing and reviews still
impacted, it is possible that ongoing efforts could extend further. In addition, NUE Urban
Concepts is submitting a Scope of Services for issuance of an RFP for a Micromobility
Provider.The City will also require a conversion of its road impact fee ordinance to a mobility
fee ordinance and updates to the Comprehensive Plan to implement the Mobility Plan and
Mobility Fee. The City may also wish to consider updates to its Park and Law Enforcement
Impact Fees to ensure they are consistent with statutory requirements to reflect the most
recent and localized data.
With the potential for possible delays due to the Covid-19 Pandemic and to provide adequate
time to finalize the current task and any additional services the City may require,per Section
10 of the existing contract between the City and NUE Urban Concepts, a formal request is
required to extend the contract for another year until July 19th, 2022. NUE Urban Concepts
formally request that the City consider exercising one of its two (2) one-year extensions
under RFQ 18-07 and extend the current contract to July 19th, 2022 to ensure all existing
services and any future services can be provided to the City without delay.
Sincerely,
siatakalt.
Jonathan B. Paul,AICP
Principal
City of Bradenton, Florida
ill
bradenton
7,,<., ,_,,,t,,,„
Professional Services Agreement
RFQ#18-07 Planning Services
This Exercise of First Option to Renew,effective as of February 23"*,2021,to the Continuing
Services Contract for Planning Services, dated July 19th, 2018, between THE CITY OF
BRADENTON(hereafter referred to as"CITY"or CLIENT")a municipal corporation of the State of
Florida located at 101 Old Main Street,Bradenton,Florida,34205,and NUE URBAN CONCEPTS,
LLC (herein after referred to as "CONSULTANT") with a principal office located at 1201 Sixth
Avenue West, Suite 100, Bradenton,Florida,32405.
This is the first of two(2)one-year extensions provided for in the initial Agreement and shall extend
the Agreement for Planning Services ONE(1)additional year effective July 19t, 2021, through July
19th,2022.All other terms of the Agreement remain in full force and effect.
CONSULTANT O8 R,I O ht1 CITY
NUE Urban Concepts, LLC �'F'~�°R 1'°���'L'Oil City of Bradenton
1201 Sixth Avenue West,Suite 1201 V ili. 0 i 1411 9m Street West
Bradenton,FL 33713 '0j $ > ^,_- I Bradenton,Florida 34205
1 At
I th‘‘ ORID,-
By: \AK.. << 1 1441•
4�"� By=
. . 1351-6,-/—%----
,nnthnn R Pnul,AICP tial atta_an e _-c-) 8fctcpn
Principal,NUE Urban Concepts,LLC City.Manager,City of Bradenton
1-Aay o
Witness for CONSULTANT: Witnes Ifor CITY:
By: I+pM0/rin 4,,I1OS By: '' /
Wmv poM Re�IJ ioIdf Sharon Beauchamp
Approved as7/7:.2_, City Clerk/Treasurer
BY: 7
Scott E.Rudacille
City Attorney
City of Bradenton
Request for Qualifications (RFQ)
To Provide
Miscellaneous Professional Services
RFQ No. 18-o7JM
allhosiso-
bradenton
T F ' C ,ty
March 2018
TABLE OF CONTENTS
Title Page
Request for Qualifications 3
Section A- Information to Proposers 5
Section B - Legal Terms and Conditions 7
Section C - Negotiation of Agreement to
Section D - Form of Submittal/Evaluation and Selection Process 11
Drug Free Workplace Certification 14
Submittal Signature Form 15
Public Entity Crimes Statement 16
Typical Scopes of Services 18
2IPage
City of Bradenton
Department of Public Works and Utilities
REQUEST FOR QUALIFICATIONS
Miscellaneous Professional Services
RFQ No. 18-o 7JM
March 2018
The City of Bradenton Department of Public Works and Utilities,in conformance with the Consultant's Competitive
Negotiation Act(CCNA),Florida Statutes Section 287.055,et seq.,and the policies and procedures of the City of
Bradenton,is soliciting Statements of Qualifications(SOQ)from professional firms qualified to provide design and
consulting services in the following areas:
• Architectural Services
• FDOT-qualified(LAP Certified)Construction Engineering and Inspection
• Drainage/Stormwater Services
• Environmental Testing Services
• Facilities Engineering Services,to include:
o Mechanical,Electrical and Plumbing(MEP)Engineering
o Structural Engineering
• Geotechnical Engineering Services
• Hydrogeological Services
• Land Surveying Services
• Landscape Architectural Services
• Marine/Coastal Engineering
• Planning
• Transportation/Traffic Engineering
The City intends to enter into contracts for continuing services in each service area listed above,with the
respondent(s)who submit qualifications judged by the City to be most advantageous to the City. The City
anticipates awarding up to three(3)contracts in each service area to the respondent(s)chosen,but reserves the right
to award in any fashion it decides,in its sole determination,is in the best interest of the City. All contracts awarded
under this RFQ shall be"continuing contracts"as defined in Florida Statutes 287.055(2)(g)and shall be subject to
the limitations and restrictions described therein.All contracts shall be awarded for an initial period of three(3)
years,with a potential for up to two(2) 1-year extensions.
A committee of City staff members will evaluate respondent's submittals against evaluation criteria. If deemed
necessary,a short list of firms may be invited to make presentations for final evaluation. To facilitate effective
evaluation by the committee,responses shall be limited to no more than 50 pages. Forms required by this RFQ,
Appendix documentation,sectional dividers,and front and back covers will not be counted toward the page total.
Qualified firms or individuals desiring to provide professional services to the City of Bradenton in one or more of
these areas of specialty should submit one(1)original and three(3)copies of their SOQ in a sealed opaque envelope
or box,and reference RFQ No.18-07JM and the words"STATEMENT OF QUALIFICATIONS"must be clearly
indicated on the outside of the envelope or box. SOQs must be physically received by the City prior to 2:00 p.m.
(prevailing local time)on April 19,2018 at the exact address below. No submittals will be accepted after the time
and date set for receipt.
City of Bradenton
Department of Public Works&Utilities
1411 9th St.West
Bradenton,FL 34205
Attention: Jim McLellan,P.E.,Director Public Works&Utilities
31 Page
SOQs submitted via facsimile or e-mail WILL NOT BE ACCEPTED. The City,through written inquiries directed
to Jim McLellan,will receive questions regarding this RFQ. The deadline for receipt of written questions is 5:00
p.m.,April 06,2018. All expenses for preparing and submitting responses are the sole responsibility of the
submitting party and the City is not obligated to any party to reimburse such expenses.
The City retains the right to accept and/or reject any or all SOQs and to waive technicalities,irregularities,and
informalities,and retains the right to cancel or conclude this procurement at any time without selecting a firm to
provide the solicited services,without any liability to any respondents,or any other person or entity,and is under no
obligation to make an award relating to this RFQ to any person or entity.
The City has prepared an RFQ package that details the SOQ submittal requirements and the selection criteria that
will be employed. Copies of the RFQ package can be obtained by contacting the City via telephone at 941-708-
6300,or via email to jim.mclellanAcityofbradenton.com.
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SECTION A-INFORMATION TO PROPOSERS
A.01 GENERAL INFORMATION
The City of Bradenton,located in Manatee County Florida is soliciting Statements of Qualifications(SOQ)from
professional firms qualified to provide design and consulting services in the following areas under continuing
services contracts conforming to the stipulations outlined with Chapter 287.055 of the Florida Statutes,also known
as the"Consultant's Competitive Negotiation Act",or CCNA:
• Architectural Services
• FDOT-qualified(LAP Ceritified)Construction Engineering and Inspection,FDOT-qualified
• Drainage/Stormwater Services
• Environmental Testing Services
• Facilities Engineering Services,to include:
o Mechanical,Electrical and Plumbing(MEP)Engineering
o Structural Engineering
• Geotechnical Engineering Services
• Hydrogeological Services
• Land Surveying Services
• Landscape Architectural Services
• Marine/Coastal Engineering
• Planning
• Transportation/Traffic Engineering
The City intends to enter into contracts for continuing services in each service area listed above,with the
respondent(s)who submit qualifications judged by the City to be most advantageous to the City. The City
anticipates awarding up to three(3)contracts in each service area to the respondent(s)chosen,but reserves the right
to award in any fashion it decides,in its sole determination,is in the best interest of the City. All contracts awarded
under this RFQ shall be"continuing contracts"as defined in Florida Statutes 287.055(2)(g)and shall be subject to
the limitations and restrictions described therein.All contracts shall be awarded for an initial period of three(3)
years,with a potential for up to two(2) 1-year extensions.
The selected individuals or firms should be able to demonstrate exceptional experience in dealing with municipal
public projects,preferably projects within the City of Bradenton with secondary preference for projects within
Manatee County,including but not limited to all aspects of miscellaneous professional services in the designated
area of expertise.
The scope of the professional services under each of these services will vary based on the specific needs of the City
that arise over the duration of the contract. It is anticipated that the selected consultant(s)in each service area will
be available to provide such services,as required,to all City departments including Public Works&Utilities,
Planning&Community Development and City Clerk and Treasurer. The selected firm(s)will take assignments on
a project-by-project basis pursuant to the terms of a written agreement with the City. The City intends for each
continuing services agreement to stipulate that no firm is guaranteed work assignments under the contract. Work
assignments will be negotiated with the firm deemed by the City to be most qualified from the list of available firms
to perform the specific task associated with each work order. Individual work orders will be negotiated as City's
needs arise.
A.02 SUBMISSION REQUIREMENTS
Proposers must comply with the following requirements to be considered for selection under this RFQ:
a. SUBMISSION DEADLINE
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All submittals in response to this RFQ must be submitted by 2:00 pm(prevailing time),April 19,2018 to
the delivery addressed noted herein. One signed original and three(3)copies of a firm's SOQ shall be
submitted in a sealed opaque envelope or box,and reference RFQ No.18-07JM and the words
"STATEMENT OF QUALIFICATIONS"must be clearly indicated on the outside of the envelope or box.
It shall be the sole responsibility of the proposer to have their submittal delivered to the City of Bradenton
for receipt on or before the submission deadline. If a submittal is sent by U.S.Mail,the proposer shall be
solely responsible for its timely delivery to the City. Proposals delayed by mail or by freight companies
will not be considered. SOQs received after the submission deadline will not be opened.
Electronic submittals via facsimile or via email will not be accepted or considered.
b. SUBMISSION DELIVERY ADDRESS
All submittals in response to this RFQ shall be delivered to the following address:
City of Bradenton
Department of Public Works&Utilities
1411 9th St.West
Bradenton,FL 34205
Attention: Jim McLellan,P.E.,Director Public Works&Utilities
c. CLARIFICATION&ADDENDA
The City,through written inquiries directed to Jim McLellan,will receive questions regarding this RFQ.
The deadline for receipt of written questions is 5:00 p.m.,April 06,2018.If any addenda are issued to this
RFQ,the City will notify all prospective proposers who have obtained copies of the RFQ via email.
However,it shall be the responsibility of each proposer,prior to submitting their SOQ,to contact the City
Engineering Division at 941-708-6300 to determine if addenda were issued and to make such addenda a
part of the submittal.
d. LEGAL NAME
SOQs shall clearly indicate the legal name,address and telephone number of the proposer(company,firm,
partnership,or individual). SOQs shall be signed above the typed or printed name and title of the signer.
e. SOQ EXPENSES
All expenses associated with the preparation and submittal of any SOQ in response to this RFQ are the sole
responsibility of the proposer.
f. DISCLOSURE
Upon receipt,submissions become"Public Records"and shall be subject to public disclosure consistent with
Chapter 119,Florida Statutes.Solicitation submissions become subject to disclosure thirty(30)days after the
opening or if a notice of intent to award decision is made earlier than this time as provided by Florida Statutes§
119.071 (1 )(b).No announcement or review of the submissions shall be conducted at the public solicitation
opening.Based on the above,the City will receive submissions at the time and date stated and will make public at
the opening the names of the business entities of all that submitted a response and any amount(if applicable and
required)presented as a total offer without any verification of the mathematics or the completeness of the response.
If the City rejects all submissions and concurrently notices its intent to reissue the solicitation,the rejected
submissions are exempt from public disclosure until such time as the City provides notice of an intended decision
concerning the reissued solicitation or until the City withdraws the reissued solicitation.A solicitation is not exempt
for longer than twelve(12)months after the initial notice rejecting all submissions.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CITY OF BRADENTON CUSTODIAN OF PUBLIC RECORDS
AT:
Phone: (941)932-9400
Email: cityclerk@cityofbradenton.com
Mailing Address: 101 Old Main Street — Bradenton, FL 34205
Pursuant to Florida Statutes 119.0701,to the extent CONTRACTOR is performing services on behalf of the CITY,
contractor must:
a. Keep and maintain public records required by public agency to perform the service.
b. Upon request from the public agency's custodian of public records,provide the public agency with a
copy of the requested records or allow the records to be inspected or copied within a reasonable time at
a cost that does not exceed the cost provided in Florida Statutes,Chapter 119,or as otherwise provided
by law.
c. Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if the contractor does not transfer the records to the public
agency.
d. Upon completion of the contract,transfer,at no cost,to the public agency all public records in
possession of contractor or keep and maintain public records required by the public agency to perform
the service.If the contractor transfers all public records to the public agency upon completion of the
contract,the contractor shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements.If the contractor keeps and maintains public
records upon completion of the contract,the contractor shall meet all applicable requirements for
retaining public records.All records stored electronically must be provided to the public agency,upon
request from public agency's custodian of public records,in a format that is compatible with the
information technology systems of the public agency.
SECTION B: LEGAL TERMS AND CONDITIONS
B.O1 RESERVED RIGHTS
The City reserves the right to accept or reject any/and or all submittals,to waive irregularities and technicalities,and
to request resubmission. Any sole response received by the first submission date may or may not be rejected by the
City,depending on available competition and timely needs of the City. The City reserves the right to award the
contract to a responsible proposer submitting a responsive SOQ,with a resulting negotiated agreement which is
most advantageous and in the best interests of the City. The City shall be the sole judge of the RFQ,and the
resulting negotiated agreement that is in its best interests and its decision shall be final. Also,the City reserves the
right to make such investigation as it deems necessary to determine the ability of any proposer to perform the
anticipated services under this contract. Information the City deems necessary to make this determination shall be
provided by the proposer.
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B.02 APPLICABLE LAWS
The proposer must be authorized to transact business in the State of Florida. All applicable laws and regulations of
the State of Florida and ordinances and regulations of the city of Bradenton will apply to any resulting agreement.
Any involvement with any City of Bradenton procurement shall be in accordance with City of Bradenton Purchasing
Code Ordinance 2-237 as amended. Any actual or prospective proposer who is aggrieved in connection with the
solicitation or award of a contract may protest to the city of Bradenton as required in Section 2-237 of the
Procurement code. A protest with respect to this RFQ shall be submitted in writing prior to the scheduled opening
date of this RFQ,unless the aggrieved person did not know and could not have been reasonably expected to have
knowledge of the facts giving rise to such protest prior to the scheduled opening date of this RFQ. Any protest shall
be submitted within five calendar days after such aggrieved person knows or could have been reasonably expected
to know the facts given rise thereto.
B.03 CODE OF ETHICS
With respect to this RFQ,if any proposer violates or is a party to a violation of the Code of Ethics,in the State of
Florida per Florida Statutes,chapter 112,Part III,Code of Ethics for Public Officers and Employees,such proposer
may be disqualified from performing work resulting from this RFQ or from furnishing the goods and services for
which the RFQ is submitted and shall be further disqualified from submitting any future proposals for work or for
goods and services for the City of Bradenton.
B.04 COLLUSION
By offering a submission to this RFQ the proposer certifies the proposer has not divulged to,discussed or compared
his response with any other proposers and has not colluded with any other proposer or parties to this RFQ
whatsoever. Also,the proposer certifies,and in the case of a joint proposal,each party thereto certifies,as to their
own organization that in connection with this RFQ:
• Any price and/or data submitted have been arrived at independently,without consultation,communication
or agreement,for the purpose of restricting competition as to any matter relating to such prices and/or cost
data,with any other proposer or with any competitor;
• Any price and/or cost data quoted for this RFQ have not been knowingly disclosed by the proposer prior to
the scheduled opening directly or indirectly to any other proposer or any competitor;
• No attempt has been made or will be made by the proposer to induce any other person,or firm to submit or
not to submit a proposal for the purpose of restricting competition;
• The only person or persons interested in this proposal as principals is/are named therein and that no person
other than therein mentioned has any interest in this RFQ or in the contract potentially to be entered into;
and
• No person or agency has been employed or retained to solicit or secure this contract upon an agreement or
understanding for a commission,percentage,brokerage,or contingent fee,except bona fide employees or
established commercial agencies maintained by the propose of doing business.
B.05 AMERICANS WITH DISABILITIES ACT
The City of Bradenton,Florida does not discriminate upon the basis of any individual's disability status. This non-
discrimination policy involves every aspect of the City's functions including one's access to,participation,
employment or treatment in its programs or activities. Anyone requiring reasonable accommodation for the public
meetings specified herein(i.e.Information Conference or Proposal Opening),should contact the person named on
the first page of this document at least 24-hours in advance of the activity.
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B.06 EQUAL OPPORTUNITY CLAUSE
The City of Bradenton,Florida,in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78
Stat.252)and the regulations of the Department of Commerce(15 CFR Part 8)issued pursuant to such Act,hereby
notifies that it will affirmatively ensure all vendors that in any contract entered into pursuant to this RFQ,minority
business enterprises will be afforded full opportunity to submit quotes in response to this invitation and will not be
discriminated against on the grounds of race color or national origin in consideration of an award.
B.07 PUBLIC ENTITY CRIMES
In accordance with Section 287.133, Florida Statutes, 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 on a contract to provide any
goods or services to a public entity;may not submit a proposal on a contract with a public entity for the construction
or repair of a public building or public work;may not submit proposals on leases or 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
Section 287.017 for Category Two(as of 7/1/89 is$25,000)for a period of 36 months from the date of being placed
on the convicted vendor list.
B.08 LOBBYING
After the issuance of any Request for Qualifications,prospective bidders,proposers or any agent, representative or
person acting at the request of such bidder or proposer shall not contact, communicate with or discuss any matter
relating in any way to the Request for Proposals with any officer,agent or employee of the City of Bradenton other
than the Purchasing Manager or as directed in the Request for Proposal. This prohibition begins with the issuance of
any Request for Proposals, and ends upon execution of the final agreement or when the invitation or request has
been canceled.
B.09 INSURANCE
The Consultant will not commence work under a contract until they have obtained all insurance under this section
and such insurance coverage as might be required by the City. The Consultant shall obtain, at their expense, the
following minimum amounts of insurance(inclusive of any amounts provided by an umbrella or excess policy):
a. Workers'Compensation/Emplovers'Liability:
Part One - There shall be no maximum limit (other than as limited by the applicable statute) for liability
imposed by Florida Worker's Compensation Act or any other coverage required by the contract documents
which are customarily insured under Part One of the standard Worker's Compensation Policy.
Part Two -The minimum amount of coverage for the coverage required by the contract documents which
are customarily insured under Part Two of the standard Workers'Compensation Policy shall be:
$1.000,000 (Each Accident)
$1.000,000 (Disease-Policy Limit)
$500.000 (Disease-Each Employee)
b. Commercial General Liability:
The limits are to be applicable only to work performed under this contract and shall be those that would be
provided with the attachment of the Amendment of Limits of Insurance (Designated Project or Premises)
endorsement(ISO Form CG 25 03)to a Commercial General Liability Policy with the following minimum
limits.
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Products/Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage(any one fire) $Nil
Medical Expense(any one person) $Nil
c. Business Auto Policy:
Each Occurrence Bodily Injury and Property Damage Liability Combined; $1,000,000. Annual Aggregate
(If Applicable)Three Times the Each Occurrence Limit.
d. Professional Liability Insurance:
Professional liability insurance for protection from negligent acts,errors,and omissions of Consultant from
or in connection with the performance of Consultant's services. Consultant must maintain a comprehensive
liability policy, including errors and omissions coverage, issued to Consultant as the insured. Said policy
shall be issued and underwritten by a licensed insurer, licensed as such in the State of Florida. Said policy
shall provide coverage for the acts or omissions of Consultant in a minimum amount of$1,000,000 per
claim. Said comprehensive professional liability policy shall be underwritten by an insurer who, in the
most current edition of Best's Key Rating guide has (1) a rating classification of"A"or better, and (2)a
financial size category rating of Class IV or higher.
e. Certificates of Insurance and Copies of Policies:
Certificates of Insurance in triplicate evidencing the insurance coverage specified in the above paragraphs
shall be filed with the Purchasing Manager before operations are begun. The required certificates of
insurance shall name the types of policy,policy number,date of expiration,amount of coverage,companies
affording coverage, and also shall refer specifically to the proposal number, project title and location of
project. Insurance shall remain in force at least one year after completion and acceptance of the project by
the City, in the amounts and types as stated herein, including coverage for all products and services
completed under this contract.
SECTION C: NEGOTIATION OF THE AGREEMENT
C.01 GENERAL:
The following general terms and conditions apply to the SOQs submitted for consideration and the subsequent
negotiations:
a. The SOQ will serve as a basis for selection of the consultant(s).
b. Upon submission, all SOQs become the property of the City which has the right to use any or all ideas
presented in any proposal submitted in response to this Request for Qualifications whether or not the SOQ
is accepted.
c. All products and papers produced in the course of this solicitation become the property of the City upon
termination or completion of the solicitation.
C.02 AGREEMENT
The selected consultant in each service area shall be required to negotiate a formal continuing services agreement,in
a form acceptable to the City of Bradenton.
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The Selection Committee will make the determination as to the most qualified submitter for consideration of award
and execution. City staff shall determine if award of the agreement is to be: considered; rejected and direct further
negotiations;rejected and terminate negotiations;or accepted.
SECTION D: FORM OF SUBMITTAL EVALUATION AND SELECTION PROCESS
This section identifies the specific information which must be included with each response to this RFQ,and the
format required for the submittals.
D.O1 MINIMUM QUALIFICATIONS
Interested firms must be experienced in providing consulting services in the service areas of the nature described
herein. While the use of sub-consultants may ultimately be required for completion of a specific assignment,it is
the City's intent to select a consultant in each service area based solely on the qualifications of the lead consultant.
To that end,SOQ submittals should contain no sub-consultants. Any information submitted related to sub-
consultants will not be considered.
To be considered for selection in any or all of the service areas,the firm or individual must be a licensed
professional in accordance with Florida State law and be familiar with all applicable federal,State of Florida,
Manatee County,and City of Bradenton codes,regulations,and laws. Please provide a copy of all applicable
licenses held by firms or individuals proposed to perform work.
D.02 SUBMITTAL FORMAT/EVALUATION CRITERIA
To facilitate effective evaluation by the committee,SOQs shall be limited to no more than 50 pages(front and back
of each sheet shall constitute 2 pages). Forms required by this RFQ,Appendix documentation,sectional dividers,
and front and back covers will not be counted toward the page total.
a. SOO Package: All SOQs submitted must be organized and presented in the following format.
• Cover Letter clearly indicating service area(s)for which submitter wishes to be considered
(2 page limit)
• Qualifications and Experience of respondent in providing professional services in the applicable
service area.
• Experience of proposed contract manager and team in providing professional services in the
applicable service area to municipal clients under continuing services contracts
• Respondent's approach to providing requested services under continuing services contract
• Respondent's project experience with or in the City of Bradenton and Manatee County
• Documentation of respondent's past performance in complying with project budgets and schedules
• Location of respondent's proposed office of record for performance of project assignments
• Minimum of five(5)Client References with contact names,telephone numbers and email
addresses.
• Evidence of required Licenses/Certifications and Certificates of Insurance
• Public Entity Crimes Statement
• Drug Free Workplace Certification
D.03 EVALUATION CRITERIA/SCORING
Pursuant to with the Consultant's Competitive Negotiation Act(CCNA),Florida Statutes Section 287.055,et seq.,
and the policies and procedures of the City of Bradenton,the City is soliciting SOQs for evaluation and ranking for
determination and selection of a consultant to provide professional services. The City will convene a selection
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committee comprised of three(3)or more City staff members each of whom will independently evaluate and rank
the submittals in comparison to each of the selection criteria outline herein. The successful proposers will be
selected based upon the total cumulative scores of the selection committee. If following review of the submittals,
the review committee deems it necessary,a short list of firms may be invited to make presentations for final
evaluation,with the selection of the successful firm being based on the committee's ranking of the presentations. In
any event,all proposers will be notified of the final results within 48hours of completion of the selection process.
The selection committee will evaluate each SOQ using the following criteria and relative weights for evaluation of
submittals:
Criteria Points Allotted
Overall qualifications of respondent in providing professional services in service area 25
Experience of proposed Contract Manager and team 25
Proposed approach to providing requested services under continuing contract 10
Past performance in complying with project budgets and schedules 15
Project Experience with or in Manatee County 5
Project Experience with or in City of Bradenton 10
Location of proposed office of record 5
Client references 5 _
TOTAL 100
a. Overall Qualifications
Provide information to demonstrate the Consultant's relevant experience and qualifications in providing
professional services under continuing contracts in the service area for which Consultant wishes to be
considered. Provide project examples that demonstrate the Consultant's capabilities to address a range of
projects and services applicable to the service area of consideration. This should include,as may be
applicable,studies,reports,permitting,design,cost estimation,funding assistance,and construction
administration.
b. Experience of Proposed Contract Manager and Team
Provide information to demonstrate the relevant experience and qualifications of the proposed Contract
Manager in overseeing continuing contracts,and the proposed team of professionals anticipated to provide
services to the City. Also provide information to demonstrate the current workload of the Contract
Manager and their expected level of availability over the initial three(3)-year period of the Contract that
will be executed.
c. Proposed Approach
Provide a detailed description of the Consultant's general approach providing services under a continuing
contract. This should include a"cradle-to-grave"summary for a task assignment issued under the proposed
continuing contract with the City and should include any"lessons learned"by Consultant under current or
previous continuing contracts with municipalities.
d. Past Performance Complying with Project Budgets and Schedules
Provide evidence to demonstrate the Consultant's ability to prepare realistic project budgets and schedules
for projects and their performance in complying with such established budgets and schedules.
e. Project Experience with or in Manatee County
Provide project examples that demonstrate the Consultant's experience providing professional services in
the area of consideration to any department within Manatee County and/or projects completed within the
Manatee County that will demonstrate familiarity with the demographics,history,climate,geography,
industry,and commerce of the County.
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f. Project Experience with or in City of Bradenton
Provide project examples that demonstrate the Consultant's experience providing professional services in
the area of consideration to any department within the City of Bradenton and/or projects completed within
the City of Bradenton that will demonstrate familiarity with the procedures,ordinances and standards of the
City.
g. Client Reference
Provide at least five(5)client references for continuing contracts providing professional services in the
applicable service area to municipalities in Florida. Additional consideration will be given to those
references located in southwest Florida. Include the name of a contact person,along with their pertinent
contact information(telephone and email address),who can speak to the Consultants performance and
budget/schedule adherence.
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DRUG-FREE WORKPLACE CERTIFICATION
Section 287.087, Florida Statues,effective January 1, 1991,specifies that preference must be given to
vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace. This
requirement effects all public entities of the State and is as follows:
IDENTICAL TIE BIDS-Preference shall be given to business with drug-free workplace
programs. Whenever two or more bids which are equal with respect to price,quality and service are
received by the State or by any political subdivision for the procurement of commodities or contractual
services,a bid received from a business that certifies that it has implemented a drugfree workplace
program. In order to have a drug-free workplace program,a business shall:
I) Publish a statement notifying employees that the unlawful manufacture,distribution, dispensing,
possession,or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace,the business's policy of
maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee
assistance programs,and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in subsection(1).
4) In the statement specified in subsection(1), notify the employees that,as a condition of working
on the commodities or contractual services that are under bid,the employee will abide by the terms
of the statement and will notify the employer of any conviction of,or plea of guilty or nolo
contenders to,any violation of Chapter 893 or of any controlled substance law of the United States
or any state,for a violation occurrence in the workplace no later than five(5)days after such
conviction.
5) Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community,by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM
COMPLIES FULLY WITH THE ABOVE REQUIREMENTS.
VENDOR'S SIGNATURE DATE
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SUBMITTAL SIGNATURE FORM
RFQ# 18-07JM
Firm Name Mailing Address:
( )
Telephone Number City,State,Zip Code
The undersigned attests to his (her,their)authority to submit this Statement of Qualifications and to bind the firm
herein named to perform as per agreement. If the firm is selected by the City,the undersigned certifies that he/she
will negotiate in good faith to establish an agreement to provide professional services for the City of Bradenton
Aquifer Storage and Recovery Program according to the requirements of this RFQ#18-07JM
Signature Witness Signature
Name and Title Name and Title
Date: Date:
Address of any branch office
proposed to service City of Bradenton other than above
Name and Title of Firm's Representative for the City of Bradenton
( ) Fax No.( )
Telephone Number of Firm's Representative for City of Bradenton
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CITY OF BRADENTON,FLORIDA SWORN STATEMENT UNDER F.S. SECTION
287.133(3)(A),ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHEROFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Qualifications, Proposal or Contract for
2. This sworn statement is submitted by(entity) whose business
address is and(if applicable) Federal
Employer Identification Number(FEIN) is ( If a Sole Proprietor
and you have no FEIN, include the last four(4)digits of your Social Security Number:
.)
3. My name is and my relationship to the entity named above is
4. I understand that a "public entity crime" as defined in Paragraph 287.133(a)(g). Florida
Statutes,means a violation of any state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or with an agency or political
subdivision of any other state or with the United States, including,but not limited to, any
proposal or contract for goods or services to be provided to any public entity or any agency
or political subdivision of any other state or of the United States and involving antitrust,
fraud,theft,bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in paragraph 287.133(a)(b), Florida
Statutes,means finding of guilt or a conviction of a public entity crime with or without an
adjudication of guilt, in any federal or state trial court of records relating to charges brought
by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial,or
entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes
those officers,directors, executives,partners, shareholders,employees,members, and
agents who are active in the management of an affiliate. The City of Bradenton, Florida
ownership by one of shares constituting a controlling income among persons when not
for fair interest in another person,or a pooling of equipment or income among persons
when not for fair market value under a length agreement, shall be a prima facie case that
one person controls another person. A person who was knowingly convicted of a public
entity crime, in Florida during the preceding thirty six(36)months shall be considered an
affiliate.
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7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means
any natural person or entity organized under the laws of the state or of the United States with
the legal power to enter into a binding contract for provision of goods or services let by a
public entity, or which otherwise transacts or applies to transact business with a public entity.
The term "person" includes those officers, directors,executives,partners, shareholders,
employees, members,and agents who are active in management of an entity.
8. Based on information and belief,the statement which 1 have marked below is true in relation
to the entity submitting this sworn statement. (Please indicate which statement applies)
❑ Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees,members, or agents who are active in management of the
entity, nor affiliate of the entity have been charged with and convicted of a public entity
crime subsequent to July 1, 1989.
❑ The entity submitting this sworn statement, or one or more of the officers, directors,
executives,partners, shareholders,employees, members,or agents who are active in
management of the entity or an affiliate of the entity has been charged with and convicted of
a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.)
❑ The person or affiliate was placed on the convicted vendor list. There has been a subsequent
proceeding before a hearing officer of the State of Florida, Division of Administrative
Hearings. The final order entered by the hearing officer determined that it was in public
interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy
of the final order.)
❑ The person or affiliate has not been placed on the convicted vendor list. (Please describe any
action taken by, or pending with,the Department of General Services.)
Signature Date:
STATE OF FLORIDA
COUNTY OF
PERSONALLY APPEARED BEFORE ME,the undersigned authority, who,after first being
sworn by me, affixed his/her signature at the space provided above on this day of
, 201 , and is personally known to me, or has provided
as identification.
Notary Public
My Commission expires:
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•
TYPICAL SCOPES OF SERVICES
The scope of the professional services to be provided under this Contract will vary based on the specific needs of the
CITY that arise over the duration of the Contract. It is anticipated that the CONSULTANT will be available to
provide such services,as required,to all CITY departments including Public Works&Utilities,Planning&
Community Development and City Clerk and Treasurer. The CONSULTANT will take assignments on a project-
by-project basis pursuant to the terms of this Contract.
It is stipulated herein that the CONSULTANT is not guaranteed work assignments under the Contract. Any
assignments issued under this Contract shall be in accordance with the stipulations for continuing services contracts
outlined in Chapter 287.055 of the Florida Statutes, also known as the"Consultant's Competitive Negotiation Act",
or CCNA.
To aide professionals in responding to this RFQ,the City has prepared a general scope of services envisioned for
each of the various areas of service for which this RFQ has been issued.
ARCHITECTURAL SERVICES CONTRACT
The general scope of work to be provided to accomplish the CITY's objective includes a broad range of
professional architectural services related to design,permitting and construction management of
miscellaneous projects as may be designated by the CITY. The types of assignments that may be required
during the duration of this Contract include but are not necessarily limited to the following:
• Feasibility studies
• Master planning
• Graphic design
• Interior design
• Building Information Modeling(BIM)
• Architectural engineering and design
• Project permitting services
• Development of construction cost opinions
• Development of construction plans and specifications
• Professional services during construction
o Construction administration services
o Construction observation services
o Preparation of project Record Drawings
• Alternative project delivery methodologies(design-build,etc.)
• Sustainable(LEED)design
• Value engineering
FDOT-Qualified(LAP Certified)CONSTRUCION ENGINEERING AND INSPECTION SERVICES
CONTRACT
The general scope of work to be provided to accomplish the CITY's objective includes a broad range of
professional construction engineering and inspection services related specifically to projects completed in
conjunction with FDOT funded projects involving City-infrastructure,as may be designated by the CITY.
The types of assignments that may be required during the duration of this Contract include but are not
necessarily limited to the following:
• Attend Pre-construction meetings with Contractors
• Provide Resident Compliance Officer
• Schedule and attend monthly progress meetings
• Maintain the required level of surveillance of Contractor activities with qualified personnel
• Interpret plans and specifications on behalf of City
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• Analyze problems that arise on projects and proposals submitted by Contractors and devise solutions
• Verify with Contractors field measures for pay requisitions
• Monitor Contractors and subcontractors compliance with contract documents
• Contractors schedules analysis and verification
• Contractors as-built reviews and verification
• Construction progress documentation via digital photography
• Assistance with FDOT reporting and project closeout
DRAINAGE/STORMWATER ENGINEERING SERVICES CONTRACT
The general scope of work to be provided to accomplish the CITY's objective includes a broad range of
professional drainage/stormwater engineering services related to miscellaneous drainage or stormwater
improvements projects,as may be designated by the CITY. The types of assignments that may be required
during the duration of this Contract include but are not necessarily limited to the following:
• Feasibility studies
• Master planning
• Stormwater modeling
• Stormwater system design
• Project permitting services
• Development of construction cost opinions
• Development of construction plans and specifications
• Professional services during construction
o Construction administration services
o Construction observation services
o Preparation of project Record Drawings
• Alternative project delivery methodologies(design-build,etc.)
ENVIRONMENTAL TESTING SERVICES CONTRACT
The general scope of work to be provided to accomplish the CITY's objective includes a broad range of
professional environmental testing services related to miscellaneous projects as may be designated by the
CITY. The types of assignments that may be required during the duration of this Contract include but are
not necessarily limited to the following:
• Phase I Environmental Site Assessments
• Phase II/III Environmental Investigations
• Site Characterization/Soil and Groundwater Studies and Remediation
• Visible Emissions Testing
• Remedial Action Planning
• Risk Assessments
• Brownsfield Investigations and Redevelopment
• Underground and Above Ground Storage Tank Management
• Asbestos Testing,Abatement Design,and Abatement Management
• Hazardous Waste Determinations
• Radon Testing
• Indoor Air Quality
• Mold Assessments
• Lead-Based Paint Testing and Consulting
FACILITIES MEP/STRUCTURAL ENGINEERING SERVICES CONTRACT
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The general scope of work to be provided to accomplish the CITY's objective includes a broad range of
professional MEP and structural engineering services related to miscellaneous projects as may be designated
by the CITY. The types of assignments that may be required during the duration of this Contract include but
are not necessarily limited to the following:
• HVAC system evaluations and renovation designs
• Electrical system evaluations and renovation designs
• Electrical engineering
• Fire protection system evaluation and design
• Life safety evaluations
• Lighting evaluations and design
• Mechanical engineering
• Emergency generator evaluations
• Security system evaluation and design
• Lightning protection system evaluation and design
• Arc Flash assessments and remediation design
• Facilities plumbing system evaluation and renovation design
• Solar energy facilities assessment and design
• Structural design and analysis
• Structural calculations
• Building inspections
• Building damage assessment
• Building renovation and restoration
• Structural engineer of record services
• Threshold inspection
• Wind and lateral stability analysis
• Foundation design
• Code compliance reviews
• Evaluation of existing roofing systems and reroof design
GEOTECHNICAL ENGINEERING SERVICES CONTRACT
The general scope of work to be provided to accomplish the CITY's objective includes a broad range of
professional geotechnical engineering services related to miscellaneous projects as may be designated by the
CITY. The types of assignments that may be required during the duration of this Contract include but are
not necessarily limited to the following:
• Soil mapping and classification
• Subsurface explorations/geophysical surveys
• Soil and materials testing services
• Settlement analyses
• Sinkhole evaluations
o Risk assessments
o Remediation Design
• Geotechnical evaluation/design recommendations
o Shallow and deep foundations
o Pile foundations
o Retaining walls
o Slabs on grade
o Roadways and bridges
o Dams
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o Utility pipelines
• Open cut excavations
• Horizontal directional drills
• Jack and bore crossings
o Stormwater Ponds
HYDROGEOLOGICAL SERVICES CONTRACT
The general scope of work to be provided to accomplish the CITY's objective includes a broad range of
professional hydrogeological services related to miscellaneous projects related to the City's existing Aquifer
Storage and Recovery well program,as may be designated by the CITY. The types of assignments that may
be required during the duration of this Contract include but are not necessarily limited to the following:
• Feasibility Studies
• Potable Water ASR Systems
• Reclaimed Water Injection Wells
• Integrated Water Supply Planning,Permitting and Design
• Operational Assistance,Troubleshooting,and Optimization of ASR/Injection Well Systems
• Permitting and Design of Water Supply Wells in the Southern Water Use Caution Area
• Assistance with Regulatory/Funding Agencies
• Development of construction cost opinions
• Development of construction plans and specifications
• Professional services during construction
o Construction administration services
o Construction observation services
o Preparation of project Record Drawings
• Alternative project delivery methodologies(design-build,etc.)
LANDSCAPE ARCHITECTURAL SERVICES CONTRACT
The general scope of work to be provided to accomplish the CITY's objective includes a broad range of
professional landscape architectural services related to miscellaneous projects as may be designated by the
CITY. The types of assignments that may be required during the duration of this Contract include but are
not necessarily limited to the following:
• Landscape master planning
• Urban design
• Sustainable site design
• Parks and playground planning and design
• Streetscape design
• Courtyard design
• Landscape graphic designs/3D sketches
• Bikeways,greenways and multi-use trails planning and design
• Landscape architecture design for project enhancement
• Land use and comprehensive planning assistance
• Plantings for mitigation purposes
• Plantings and landforms for screening/buffering of projects from residential areas
• Unit paver design,permeable pavers,decorative concrete pavements
LAND SURVEYING SERVICES CONTRACT
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The general scope of work to be provided to accomplish the CITY's objective includes a broad range of
professional land surveying services related to miscellaneous projects as may be designated by the CITY.
The types of assignments that may be required during the duration of this Contract include but are not
necessarily limited to the following:
• Topographic surveys
• Boundary surveys
• Horizontal and vertical control surveys
o Geodetic control/leveling
o Aerial photography/LIDAR control
• Elevation certificates
• Platting for subdivisions and condominium complexes
• Right-of-way surveys
• Mean high water surveys
• Subsurface utility location surveys
• Hydrographic/Bathymetric surveys
• Construction stakeout
• Jurisdictional surveys
• Special purpose surveys
• Ground penetrating radar surveys
• Legal descriptions
• Easement preparation
• Earthwork surveys and volume calculations
MARINE-COASTAL ENGINEERING SERIVCES CONTRACT
The general scope of work to be provided to accomplish the CITY's objective includes a broad range of
professional marine-coastal engineering services related to miscellaneous projects as may be designated by
the CITY. The types of assignments that may be required during the duration of this Contract include but
are not necessarily limited to the following:
• Coastal engineering analysis
• Marine/Coastal structure permitting
• Marine/coastal structures inspection and evaluation
• Shoreline protection/mitigation planning and design
• Commercial pier and dock planning and design
• Marina planning and design
• Boardwalk planning and design
• Local,State,and Federal Dredge Design and Permitting
• Beach Nourishment Permitting and Monitoring
• Dredge Materials Disposal and Consulting Services
• Coastal Construction Contract Administration
• Shorefront Protection Design,including seawalls,bulkheads,and soft solutions
PLANNING SERVICES CONTRACT
The general scope of work to be provided to accomplish the CITY's objective includes a broad range of
professional planning services related to miscellaneous projects as may be designated by the CITY. The types
of assignments that may be required during the duration of this Contract include but are not necessarily
limited to the following general planning services:
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• Land Development Code/regulations update(zoning and subdivision regulations)
• Affordable housing policy/strategies
• Comprehensive planning policy/data and analysis
• Design Guidelines
• Multimodal transportation policies/mobility fee study and implementation
TRANSPORATION-TRAFFIC ENGINEERING SERVICES CONTRACT
The general scope of work to be provided to accomplish the CITY's objective includes a broad range of
professional transportation-traffic engineering services related to miscellaneous projects as may be
designated by the CITY. The types of assignments that may be required during the duration of this Contract
include but are not necessarily limited to the following:
• Traffic analysis and planning
• Transportation planning
• Regional master planning
• Computer modeling of traffic/trip generation data
• Traffic impact analysis
• Roadway engineering
• Pavement evaluations
• Signalization design
• Corridor studies
• Traffic calming plans
• Parking needs analysis
• Intersection analysis
• Site distance analysis
• Circulation analysis
• Traffic control plans
• Geometric design
• Site design for traffic flow
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