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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 S:\CA\RESO\Agreements\Agreement With Nue Urban Concepts For Mobility Plan -Reso.Docx 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) S:\CA\RESO\Agreements\Ageement With Nue Urban Concepts For Mobility Plan -Reso.Docx 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: Page 1 S:\Planning\SHARED\WP\SPECPROJ\CompleteStreets&Mobility\Piggyback Agenda Items\Piggyback Contract.docx 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 Page 2 S:\Planning\SHARED\WP\SPECPROJ\CompleteStreets&Mobility\Piggyback Agenda Items\Piggyback Contract.docx 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 Page 3 S:\Planning\SHARED\WP\SPECPROJ\CompleteStreets&Mobility\Piggyback Agenda Items\Piggyback Contract.docx 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 l -� ori LaVerriere, City Manager ity erk APPROVE" AS '0 F• ' . `. r' 1 x u i d o_ 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: dl/lden..0- SECRETA Y Page 4 S:\Planning\SHARED\WP\SPECPROJ\CompleteStreets&Mobility\Piggyback Agenda items\Piggyback Contract.docx EXHIBIT A AGREEMENT BETWEEN CITY OF BRADENTON,FLORIDA AND NUE URBAN CONCEPTS, LLC Page 5 S:\Planning\SHARED\WP\SPECPROJ\CompleteStreets&Mobility\Piggyback Agenda Items\Piggyback Contract.docx 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 ACORN- CERTIFICATE OF LIABILITY INSURANCE DATE07/17/2018Y) `-� 07/17/201 s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on 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 Gainesville,FL 32608 INSURER C: INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 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 single-member LLC • ❑Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► Exempt payee code(if any) Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box In the line above for Exemption from FATCA reporting 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) Part I Taxpayer Identification Number(TIN) 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 •Form 1099-DIV(dividends,Including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of 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. 41 Page 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 5 ' Page 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. Wage 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. 7IPage 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. 81 Page 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. 91 Page 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. 10IPage 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 11IPage 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. 12IPage 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. 13 ' Page 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 14IPage 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 15IPage 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. 16IPage 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: 17IPage • 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 18IPage • 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 19IPage 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 20IPage 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 21IPage 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: 22IPage • 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 23IPage