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Ad POP's & Blank RFQ Filetreasure k.,oast iNewspapers PART bF THE USATODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION City of Okeechobee 55 SE 3rd Ave Okeechobee, FL 34974 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that she has neither paid or promised any person, firm or corporation any discount , rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. I11 /2021 Subscribed and sw n o before on August 25, 2021 Notary, S{ a of WI, County of Brown k- My Commission Expires Publication Cost: $61.56 Ad No: 0004816552 FSARAH BE EN "Customer No: 1309464 Notary PublicPO#: te of Wisconsl,, vecx.�aew: aao 3 The Palm Beach Post 3 � sT� �.11 zrt t PROOF OF JUL 19 2021 PUBLICATION STATE OF FLORIDA �� at � 6 PUBLIC NOTICE Before the undersigned authority, personally appeared Teal Pontarelli, who on oath, says that he/she is a Legal Advertising Representative of The Palm Beach Post, a daily and Sunday newspaper, published in West Palm Beach and distributed in Palm Beach County, Martin County, and St. Lucie County, Florida; that the attached copy of advertising for a Legal - NoticetoBid was published in said newspaper on: first date of Publication 07/11/2021 and last date of Publication 07/11/2021. Affiant further says that the said The Palm Beach Post is a newspaper published in West Palm Beach, in said Palm Beach County, Florida and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. Signed OKEECHOBEE, CITY OF 55 SE 3RD AVE OKEECHOBEE, FL 34974-2903 Invoice/Order Number: 0000649516 Ad Cost: $275.20 Paid: $0.00 Balance Due: :$275.20 (Legal Advertising Agent) Sworn or affirmed to, and subscribed before me, this 15th day of July, 2021 in Testimony whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. APRILJ. CONWAY g `C %.� "7liG( Ct=C f Commission # HH 086281 f o-' Expires May 2,2025 Signed � �/ �(J%A��� - y f� :' / � "';"?.�—•nP.• � ,..__T Please see Ad on following page(s). Page 1 of 2 ,NDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee Counfy__,31orida, that the attached copy of an advertisement being a ► :.� �� a � A� V -1 t: in the matter of ( V w in the 1 .,, ­4 1 Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Muros �.o Sworn to and subscribed before me by means of -,rphysical presencepr,, ,online notarizati,op, this P!~day of ALA t AD Notary Public, State of Florida at Large 1�,pY PUB'!,, JANET SUt MADRAY '� MY coMMISSION # HH 129146 EXPIRES: May 12, 2025 Bonded Thra Notary Public Underwriters Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 PROFE�ONALEXNEERIIrGSERVI� 2 7-21 The ay of a�edicbee Fdodda is oxnpiartce " Flada Sld z87oss Ca ak Ca�Peir?ne Megobatiat Pd (COVA), . S3eW9 ess onul m me coy CM En.xx!rs,n Reside tDescrWon: The dart of ft RRZ s idtatim is to erect the most n9t* aeaM indMdLk is or firms) m prvfde Rdistional Virg SevioestotheQyonan"asneeded"tics,foraWalAvn rnerttpp��'pqdd not to evaed tt ree (3) y�rs vvdh .. fur tvo (2) addbor al rear natevvats. S"_"" infom ,%eb and respa frxrrtat shai be and ac>rr sbtevatheGtyswetlsde: ha�sJAh�•a/o ingqWtxWMttrn1 Irdbadsls or Firms dL�rirw t) prwide the Pide�atal Enq'rrtt��ssgg 5ervoesdesnbedabove submtone (1>aaggnal,marlwd"ORIGI- NAL",st (6)alpes,�citrturied`vDOPY andorte(1)eJernortcapf at a posh (hive PDF format preferred, of their submU, oxt a" Ell a the n grlesleriq�eNrotiat infxffkWn on or before 4:00 Pm on kdy 28 2021. Srtbm Is va>I )e aooepled by lurid detrmy in the Adrraridrationt Office, 6ty Hall, 55 9= 3rd Avenue, Cleactubee, Fbrida. Subrnittals sent by oiw*l t delivery ortry US Mail must be sent to Abn: OAdAdmni4ralor Admirtistralion Offxe ay Had, 55 SE 3rd Av- enue, Fladda 34974. Famnile or eroded atbrnda5 A not be Submdtals rece ed afterthat dale and time WT riot be ao> cerMered and W1 be returned 10 the intdrvidual or form unopeted. SubmdfaLswObeupenedassoonas thereetteril the Adminstration Office, Oly Hai, and 55 SE Avenue n]k�cttob�, Fbrida 34974. In oxnpiartce with the Arts with Disabftes Act (ADA), anyone ftz datlon s opF-,vV who needs mitt I IS Depadn at (863) 7634 at least 48 haws in advance of the me&g, a dudut9 Saftxday and sXIday. MR/Overnight Hal Hand DeRwer akeerirobae6tvokeeawbeetxyfwo Adrnaistration aaminstratiorr offwe 55 SE 3n1 Avenue 55 SE 3rd Averts Room 200 Okeedwbee, Florida 34974 Okeedwbee, Florida 34974 Mark at side of envelope: RFQ NO. -ADM 01-32-07-21 "Prcfessiaal En9neering Service;' 485213 ON 71712021 LM pate. `sy.°F °KfFcy REQUEST FOR QUALIFICATIONS (RFQ) `"+om NO. ADM 01-32-07-21 PROFESSIONAL ENGINEERING SERVICES • 91 « The City of Okeechobee, Florida in compliance with Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA), is seeking qualified, experienced, State of Florida licensed Civil Engineers to provide Professional Engineering Services to the City. Description: The intent of this RFQ solicitation is to select the most highly qualified individuals or firm(s) to provide Professional Engineering Services to the City on an "as needed" basis, for a total Agreement period not to exceed threE! (3) years with opportunities for two (2) additional 1-year renewals. Submittal information and response format shall be posted and accessible via the City's website: https://www.cityofokeechobee.com/contracting-opportunities.html Individuals or Firms desiring to provide the Professional Engineering Services described above shall submit one (1) original, marked "ORIGINAL", six (6) copies, each marked "COPY", and one (1) electronic copy on a Flash Drive, PDF format preferred, of their submittal, containing all of the requested qualification information on or before 4:00 pm on July 28, 2021. Submittals will be accepted by hand delivery in the Administration Office, City Hall, 55 SE 3rd Avenue, Okeechobee, Florida. Submittals sent by overnight delivery or by U.S. Mail must be sent to Attn: City Administrator, Administration Office, City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. Facsimile or emailed submittals will not be accepted. Submittals received after that date and time will not be accepted or considered and will be returned to the individual or firm unopened. Submittals will be opened as soon as practicable thereafter in the Administration Office, City Hall, and 55 SE 3rd Avenue, Okeechobee, Florida 34974. In compliance with the Americans with Disabilities Act (ADA), anyone desiring to attend this submittal opening who needs a special accommodation should contact General Services Department at (863) 763-9824 at least 48 hours in advance of the meeting, excluding Saturday and Sunday. Mail/Overnight Okeechobee City Hall Administration Office 55 SE 3rd Avenue Okeechobee, Florida 34974 Hand Deliver Okeechobee City Hall Administration Office 55 SE 3rd Avenue, Room 200 Okeechobee, Florida 34974 Mark outside of envelope: RFQ NO. ADM 01-32-07-21 "Professional Engineering Services" Publish: July 7, 2021. Posted: 7/6/2021-JS City of Okeechobee 55 SE 3" Avenue • Okeechobee • Florida 34974 City Administration REQUEST FOR QUALIFICATIONS (RFQ) NO. ADM 01-32-07-21 PROFESSIONAL ENGINEERING SERVICES The City of Okeechobee, Florida in compliance with Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA), is seeking qualified, experienced, State of Florida licensed Civil Engineers to provide Professional Engineering Services to the City. Description: The intent of this RFQ solicitation is to select the most highly qualified individuals or firm(s) to provide Professional Engineering Services to the City on an "as needed" basis, for a total Agreement period not to exceed three (3) years with opportunities for two (2) additional 1-year renewals. 1. Submittal information and response format shall be posted and accessible via the City's website: https://www.citvofokeechobee.com/contracting-opportunities.htmI Individuals or Firms desiring to provide the Professional Engineering Services described above shall submit one (1) original, marked "ORIGINAL", six (6) copies, each marked "COPY", and one (1) electronic copy on a Flash Drive, PDF format preferred, of their submittal, containing all of the requested qualification information on or before 4:00 pm on July 28, 2021. Submittals will be accepted by hand delivery in the Administration Office, City Hall, 55 SE V Avenue, Room 200, Okeechobee, Florida. Submittals sent by overnight delivery or by U.S. Mail must be sent to Attn: City Administrator, Administration Office, City Hall, 55 SE 31 Avenue, Okeechobee, Florida 34974. Facsimile or emailed submittals will not be accepted. Submittals received after that date and time will not be accepted or considered and will be returned to the individual or firm unopened. Submittals will be opened as soon as practicable thereafter in the Administration Office, City Hall, and 55 SE 3rd Avenue, Okeechobee, Florida 34974. In compliance with the Americans with Disabilities Act (ADA), anyone desiring to attend this submittal opening who needs a special accommodation should contact General Services Department at (863) 763-9824 at least 48 hours in advance of the meeting, excluding Saturday and Sunday. Mail/Overnight Okeechobee City Hall Administration Office 55 SE 3" Avenue Okeechobee, Florida 34974 Hand Deliver Okeechobee City Hall Administration Office 55 SE 3rd Avenue Room 200 Okeechobee, Florida 34974 Mark outside of envelope: RFQ NO. ADM 01-32-07-21 "Professional Engineering Services" Publish Date July 7, 2021 RFQ NO. ADM 01-32-07-21, Professional Engineering Services 1. General The City of Okeechobee is seeking qualified, experienced, licensed Civil Engineers to provide Professional Engineering Services to the City on an "as needed basis". The City intends to perform its evaluation and selection in an expedited manner to meet the needs of the City. Submittals should be addressed to the City Administrator. It is anticipated that multiple individuals or firms will be awarded a basic agreement to provide the necessary services for an initial period of three (3) years. At the option of the parties, the agreement may be renewed for two (2) additional one (1) year terms, upon the mutual agreement of the parties. At the option of the City, and upon the agreement of the Professional, the agreement may be converted to or replaced at any time with a "Continuing Contract" as that term is used in Section 287.055, Florida Statutes (CCNA). This is a Request for Qualifications, not a bid. The City reserves the right to reject any and all submittals, waive informalities and technicalities, and enter into an agreement with an individual or firm whose qualifications best serves the interest of the City, not just based on the highest score/rank. The City reserves the right to make such investigation as deemed necessary to determine the ability of any Professional to perform the services requested. II. Scope of Services The individual or firm retained to provide Professional Engineering Services shall work with the City Public Works Director or other City staff in advising the City and the City Council regarding Civil Engineering Services. A general description of the scope of professional services required is, but not limited to, the following: A. Preparation of roadway location or alignment studies B. Preparation of roadway design C. Preparation of land acquisition documents D. Preparation of a hydrologic & hydraulic studies E. Preparation of storm drainage system design F. Preparation of new or retrofit storm water management design G. Preparation of floodplain studies H. Preparation and procurement of requisite environmental permits I. Performance of traffic counts J. Preparation of traffic studies and analysis K. Preparation of maintenance of traffic design L. Preparation of structural studies and design for bridges, culverts and retaining walls M. Preparation of construction documents N. Preparation of cost estimates O. Preparation of record drawings / as -built plans P. Review of plans, specifications and estimates developed by others, attend Technical Review Committee or other required meetings as requested. O. Financial Analysis R. Construction Inspection Services S. GIS Mapping and Data Collection T. Presentation to the City Council, staff, and the public of reports, plans, and exhibits U. Other customary Professional Civil Engineering Services City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 2 Contact Person: Questions or requests for additional information shall be made in writing, directed to Gary Ritter, City Administrator, gritter@cityofokeechobee.com. Please include the page and paragraph number for each question to ensure that questions asked are responded to correctly. The Professional must clearly understand that the only official answer or position of the City will be the one stated in writing from gritter@cityofokeechobee.com. III. Method of Ranking Each submittal will be reviewed to determine if the submittal is responsive to the RFQ. Qualifications deemed to be non -responsive may be rejected without being evaluated by the Evaluation Committee appointed by the City Administrator, which shall be comprised of a minimum of three (3) City employees and one (1) City Council Member. The committee will make a recommendation to the City Council who will make! the final selection(s). During the review of written responses, each criterion below will be ranked on a scale of zero (0) through ten (10). In addition, each criterion has been assigned a percentage value that weights the criterion's significance to the City as noted below. Written qualifications package requirement: Respondents are to adhere to the requirements shown below. Failure to do so may result in rejection of submittal as non -responsive. A. Be concise and to the point. B. Provide adequate information on each criterion below. C. Provide the ranking criteria information below in the order shown. In addition to above requirements, the following forms will need to be provided in qualification package: A. Professional Engineering Services Agreement — Attachment A B. Anti -Collusion Statement and No Gift Statement — Attachment B C. Conflict of Interest Disclosure Form — Attachment C D. Professional Engineering Services Reference Form — Attachment D E. Public Entity Crimes Statement — Attachment E F. Drug Free Workplace Certification — Attachment F G. Immigration Law Certification — Attachment G H. W-9 RANKING CRITERIA: Individual's or Firms Professional Qualifications [25%]: List members and sub -contractor firms, if any, including resumes and professional licenses/certificates. Give brief bullets on education, training and experience for personnel including expertise in public or local government planning, siting, design, cost estimating, and review. Any experience the Respondent or any of the key individuals have working on local government or public works projects should also be noted. Past record of professional accomplishments [25%]: A list plus brief description of completed projects, including but not limited to roadway design, land acquisition, hydraulic and hydraulic studies, storm drainage system design, floodplain studies, preparation of procurement documents, state and federal permitting, traffic studies and analysis, construction documents and cost estimates, review of plans, specifications and estimates developed by third -party consultants. City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 3 Approach [25%]: Describe the individual's or firm' approach to providing professional services for engineering services and projects. Staff Availability and Capability to Meet Deadlines [5%]: Current and projected workload which indicates the availability of the actual staff to complete assigned tasks in a timely manner will be considered. Familiarity with local conditions [20%]: Individual's or Firm's staff familiarity with the City and community needs A. Professional Qualifications: Individual's or Firm's specific relevant experience and expertise of at least five (5) years demonstrating an understanding of the concepts, principles, and procedures of Professional Engineering and its applicability to the City. B. Task Approach: Outline of proposed manner in which scope of work will be addressed. Approach shall demonstrate individual's or firm's capability to work within the City's budget and time constraints. Describe all quality control implementation procedures, sub -consultant supervision, agreement compliance and enforcement of industry standards. Comment on individual's or firm's project schedules, budgets and adherence to those items. Discuss ways to maintain schedules and ways to recover. Discuss cost control and value engineering. Describe any project management systems used to track and control project issues. Describe the communication procedures to be employed throughout the Agreement term and the plan to establish and maintain clear lines of communication with the City's Project Manager and City staff. C. Past Performance: Familiarity with other Florida Cities and/or Counties and other Florida municipalities and public entities. Include contact information and references. D. Familiarity: Familiarity with local conditions or an explanation of the individual or firm's approach to become familiar quickly with local needs and conditions. IV. Submittal Requirements: Individual or Firms interested in providing the required professional services shall submit one (1) original, marked "ORIGINAL", six (6) copies, each marked "COPY", and one (1) electronic copy (PDF format preferred) on a Flash Drive of the requested qualification data for evaluation. Submittals shall be clear, concise, indexed by subject, typed on letter size paper, font size shall be not less than 11-point (no limit on font size for footers and headers) and individually bound. Submittals shall be mailed or delivered in a sealed package clearly marked on the outside with the project name, invitation number, and due date. Packages must be received in the City of Okeechobee Administration Office by the submission deadline. Each respondent should ensure that they have received any/all addenda and amendments to this RFQ before delivering their submittal. Respondents may check for any addenda by calling (863) 763-9824, via the City's website: www.citvofokeechobee.com. All addenda issued pursuant to this solicitation must be acknowledged and submitted as part of the submittal package. Failure to acknowledge addenda may result in the submittal being determined to be non -responsive. Delivery of a package to any City location other than the Administration Office does not constitute official receipt by the City. Any package delivered after the submission deadline will not be considered. City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 4 V. Submittal Format & Table of Contents Submittals shall be presented in the following format. Table Contents Title/ Description Maximum Remark/ Clarification / Special Instructions No. of Pages Cover Sheet 1 A. Transmittal Letter 2 B. Qualification Information 2 C. Task Approach 3 Past Performance in Similar Activities D. in Florida 2 E. Organizational Chart 1 Letter or 11" x 17" format F. Familiarity 3 G. Location Map, of Prime Professional 1 H. Location Map, of Sub-consultant(s), if any 1 I. Resumes of Prime Professional 6 (3 team member, 2 pages per person) Resumes of Sub -consultants Professional 2 (1 team member per sub - consultant, 2 pages per person) K. Insurance Clause 1 Prohibition Against Contingent L. Fees/Non-Collusion/Conflict of Interest Disclosure Statement 1 M. Reference forms 3 N. Standard Form 330 or 254/155 10 Submit O. MBE Statement 1 Back Cover Sheet 1 Maximum No of pages 42-pages P. Addenda (If required) City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 5 Tab A: Transmittal Letter: The transmittal or cover letter shall summarize in a brief and concise manner the professional's understanding of the scope of services and commitment to timely perform the work within budgetary requirements. An agent authorized to contractually bind the individual or firm must sign the Letter of Transmittal indicating the agent's title or authority. This signature shall certify the veracity of the contents of the submittal and bind the individual or firm to the offer to provide services addresses in this response to the City of Okeechobee's Request for Expressions of Interest. The transmittal letter shall not exceed two (2) pages in length. Tab B: Qualification Information Individual or Firm shall provide a brief profile of their company, which should include their history, locations of their corporate and satellite offices, location(s) of their project team, corporate structure, ownership interest, and the length of company's existence. The individual or firm shall also submit an organizational chart, staff qualifications, and experience of the individual or firm. Resumes of proposed key personnel (name, company address, phone number, e-mail address) that will be assigned to this project shall include job skills, education, training, experience and professional affiliations/membership. All proposed sub -consultants shall be identified, and the working relationship between the respondent and the sub - consultant shall be explained. Sub -consultants shall also provide key personnel resumes. Standard forms 254 & 255 or Standard Form SF330 must be submitted. Provide a list of disciplines offered by individual or firm, i.e. mechanical, electrical, hydrogeologic, traffic, land surveying, etc. The individual or firm shall provide sufficient competent and qualified personnel to effectively carry out its responsibilities under the Basic Agreement. The individual or firm shall utilize only competent personnel who are qualified by experience and education. The individual or firm may not make changes in the personnel working on activities pursuant to the Basic Agreement without written concurrence of the City. Tab C: Task Approach Provide an outline of proposed manner in which scope of work will be addressed and the manner in which the approach shall demonstrate individual or firm's capability to work within the City's budget and time constraints. Describe all quality control implementation procedures sub -consultant supervision, agreement compliance and enforcement of industry standards. Comment on individual or firm's project schedules, budgets and adherence to those items. Discuss ways to maintain schedules and ways to recover. Discuss cost control and value engineering. Describe any project management systems used to track and control project issues. Describe the communication procedures to be employed throughout the Agreement term and the plan to establish and maintain clear lines of communication with the City Project Manager and City staff. Tab D: Past Performance in similar activities in Florida. Provide a list of projects of similar nature within the past five years. Title and brief description of each project shall include: Client (contact person, address, telephone number) Year completed Nature of work involved in each project Total Value of the Project City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 6 Tab E: Organizational Chart Provide an organization chart of the project team, include the person's title, years of experience and role within the team. The name(s) of the key personnel assigned to the City should be included on the Chart and a brief resume included in Tab I and Tab J. Tab F: Familiarity: Provide a description of the individual or firm's familiarity with local conditions, community goals, etc., or provide a plan that outlines an explanation of the individual or firm's approach to become familiar quickly with local conditions, community goals, etc. Tab G: Location Map of Prime Professional Office(s) Provide a map showing the location(s) of the professional offices(s) that will serve the City. If multiple offices are listed provide the type of resources each office will be provided. This information should be noted on the map. Indicate the travel distance from each office. Tab H: Location Map of Sub -consultant Office(s) Provide a map showing the location of the sub-consultant(s) offices(s) that will serve the City through the Prime Professional. If multiple offices are listed provide the type of resources each office will be provided. This information should be noted on the map. Indicate the travel distance from each office. Tab I: Resume of Key Personnel from the Prime Professional Provide a two -page resume of each key personnel to serve the City. Minimize the resume to a maximum of the three top employees that are anticipated to work directly with the City Administration and/or City staff. Tab J: Resume of Key Personnel from the Sub -consultants Provide a two -page resume of each key personnel to serve the City. Minimize the resume to a maximum of the one top employee from each Sub -consultant that is anticipated to work directly through the Prime Professional. If more than one resume is presented for each Sub -consultant, explain that person(s) role within the team. Tab K: Insurance Requirements The consultant shall procure and maintain during the term of the Aclreement, insurance of the types and in the minimum amounts stated below Coverage's Schedule Minimums A. Workers' Compensation Florida Statutory Coverage and Employer's $100,000.00- each accident Liability (including appropriate Federal Acts) $100,000.00- each employee $500,000.00- policy limit for disease B. Comprehensive General Liability $1,000,000.00- bodily injury each occurrence $1,000.000- bodily injury aggregate $1,000,000.00- property damage each occurrence $1,000,000.00- property damage aggregate City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 7 C. Products- Completed Operations $1,000,000.00- aggregate D. Business Auto Liability Same as Comprehensive General Liability (All autos- owned, hired or used) $250,000.00 each occurrence E. Professional Liability $2,000,000.00 per occurrence F. Excess or Umbrella Liability Optional Insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes. Prior to commencing any work on the continuing agreement, certificates of insurance, approved by the City, evidencing the maintenance of said insurance shall be furnished to the City. The certificates shall provide that no material alteration or cancellation, including expiration and non -renewal, shall be effective until fifteen (15) days after receipt of written notice by the City. All coverage shall name the City of Okeechobee as "additional insured." Receipt of certificates or other documents of insurance or policies or copies of policies by the City, or by any of its representatives, which indicate less coverage than required will not constitute a waiver of the successful proposer(s)' obligation to Fulfill the insurance requirements herein at the respondent's cost. Tab L: Prohibition Against Contingent Fees/Non-Collusion/Conflict of Interest Disclosure Statements In accordance with Florida Statute 287.055(6)(a), the following statement must be included in each submittal: "The respondent warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the respondent to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the respondent any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this agreement." Include the following Statement of Non -Collusion: "The respondent certifies, and in the case of a joint submittal, each party thereto certifies as to its own organization, that in connection with this solicitation the information provided has been arrived at independently, without consultation, communication, or agreement with any other respondent or with any competitor for the purpose of restricting competition, or in any other way influencing the competitive arena." Include a disclosure statement advising the City of any potential conflict of interest, real or apparent, that the respondent, employee, officer, or agent of the individual or firm may have due to ownership, other clients, agreements or interests associated with this project. Signature on the transmittal letter shall certify the veracity of these statements. City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 8 Tab M: Reference Forms Include three (3) references on the provided reference form. Attachment D Tab O: Minority Business Enterprise (MBE) Statement Statement as to the individual or firm's status as a certified minority business enterprise as defined in Section 288.703, Florida Statutes. Tab P: Addenda (if applicable) All addenda issued pursuant to this solicitation must be acknowledged and submitted as part of the submittal package. Confidential Materials: The City of Okeechobee, Florida, is governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.). Only trade secrets as defined in Section 812.081(1)(c), F.S. or financial statements required by the City for road or public works projects as defined in 119.07(6)(t), F.S. (hereinafter "Confidential Materials"), may be exempt from disclosure. If a respondent submits confidential materials, the information must be segregated, and each pertinent page must be clearly labeled "confidential" or "trade secret." The City of Okeechobee gives no assurance as to the confidentiality of any portion of the response once submitted. It is the responsibility of the respondent to seek: counsel and determine applicability of the statute to their circumstances prior to submittal of their package. VI. Evaluation of Submittals Submittals will be reviewed and evaluated as to qualification to perform the services required by a Selection Committee, which shall consist of City staff and a member of the City Council. The Selection Committee will make a recommendation for award to the City Council. The City of Okeechobee reserves the right to select the most qualified individual or firm; whom will serve the best interest of the City, from review of the packages submitted and request authorization to negotiate an agreement with the highest ranked individual or firm; or to interview the most qualified professional prior to requesting authorization to negotiate an agreement with the highest ranked respondent(s). Individuals or firms will be notified in writing if they are selected for interview. Notices for interviews will contain explicit instructions concerning location, date, time and length of interviews. The City of Okeechobee reserves the right to request clarification on information submitted and to request additional information from one or more individuals or firms. VII. Terms and Conditions All prospective professionals are hereby cautioned not to contact any member of the Okeechobee City Council, the City Administrator, the City Attorney (except to discuss grievance matters) or any member of the selection committee. All questions and contacts must be made through the Administration Office. Attempts to lobby or persuade through other channels may result in disqualification. Any actual or prospective professional who disputes the reasonableness, necessity or competitiveness of the terms and conditions of this request for qualification; selection or award recommendation shall file such dispute in writing with the City Administrator, prior to the submittal closing date and time, as to the terms and conditions, and within ten (10) days of City Council action as to the selection or award recommendation. City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 9 The City reserves the right to reject any or all submittals without recourse, to waive technicalities and informalities or to accept the submittal (s) which in its sole judgment best serve the interest of the City. As required by FS Section 287.133; "A person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a submittal on an agreement to provide any goods or services to a public entity, may not submit a submittal on an agreement with a public entity for the construction or repair of a public building or public work, may not submit submittals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or a professional under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount as stated in FS Section 287.017, for Category Two, for a period of thirty six (6) months from the date of being placed on the convicted vendor list." Questions regarding this statement should be directed to the State of Florida, Bureau of State Procurement (904) 488- 8131. This invitation does not commit the City to award an agreement. Nor shall the City be responsible for any cost or expense incurred by any respondent in preparing and submitting a reply, nor for any cost or expense incurred by any respondent prior to the execution of a binding agreement. The City reserves the right to require any or all respondents to appear for interviews and/or oral presentations at no cost to the City. VIII. Proposed Agreement The successful professional shall serve at the pleasure of the City Council. Please review the attached agreement and note any objections, or revisions that would be required by the professional within the submittal. Should no revisions be noted, the City will assume, and the professional agrees that the terms and conditions of agreement are acceptable. The Agreement does not authorize the performance of any work or require the City to place orders for work. The City makes no covenant or promise as to the number of available projects or that the individual or firm shall perform any project for the City during the life of the Agreement. City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 10 ATTACHMENT A PROFESSIONAL ENGINEERING SERVICES AGREEMENT THIS AGREEMENT, hereinafter "Agreement," made and entered into the day of 2021 by and between , hereinafter referred to as "PROFESSIONAL" and the City of Okeechobee, Florida, a municipal corporation, 55 SE 3rd Avenue, Okeechobee, Florida 34974, hereinafter referred to as "CITY", for and in consideration of the following terms, conditions and covenants. I. PURPOSE OF AGREEMENT CITY intends to enter into an agreement with PROFESSIONAL for provision of Professional Engineering Services by the PROFESSIONAL and the payment -'or those services by CITY as set forth below. II. SCOPE OF SERVICES The PROFESSIONAL shall provide Professional Engineering Services in all phases of any project for which a PROJECT AUTHORIZATION has been issued by the CITY pursuant to this Agreement as hereinafter provided. These services will include serving as CITY'S professional consulting representative for the Project, providing professional consulting consultation and advice and furnishing customary Civil Engineering Services and customary services incidental thereto as described in the Project Authorization. The detailed scope of services to be performed and schedule of fees for those services shall be detailed in each Project Authorization. PROFESSIONAL shall work with the City Administrator, City Attorney, City Public Works Director, or other City staff in advising the CITY and the City Council regarding Professional Engineering Services. The services will be those customarily attendant to Civil Engineering Services including, but not limited to the following: A. Preparation of roadway location or alignment studies B. Preparation of roadway design C. Preparation of land acquisition documents D. Preparation of a hydrologic & hydraulic studies E. Preparation of storm drainage system design F. Preparation of new or retrofit storm water management design G. Preparation of floodplain studies H. Preparation and procurement of requisite environmental permits I. Performance of traffic counts J. Preparation of traffic studies and analysis K. Preparation of maintenance of traffic design L. Preparation of structural studies and design for bridges, culverts and retaining walls M. Preparation of construction documents N. Preparation of cost estimates O. Preparation of record drawings / as -built plans P. Review of plans, specifications and estimates developed by others, attend Technical Review Committee or other required meetings as requested. Q. Financial Analysis R. Construction Inspection Services S. GIS Mapping and Data Collection City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 11 T. Presentation to the City Council, staff, and the public of reports, plans, and exhibits U. Other customary Professional Civil Engineering & Surveying Services III. Agreement 1. Term of Agreement Upon award of this Agreement, the effective date of this Agreement shall be the date of execution of this Agreement by both CITY and PROFESSIONAL. Term of this Agreement shall be for an initial period of three (3) years with the option of two (2) additional one-year renewal periods, upon the mutual agreement of the parties. At the option of the CITY, and upon the agreement of the PROFESSIONAL, this Agreement may be converted to or replaced at any time with a "Continuing Contract" as that term is used in Section 287.055, Florida Statutes (CCNA). 2. Project Authorization Each "Project Authorization" shall specify the Period of Service agreed to by the CITY and the PROFESSIONAL for services to be rendered under said "Project Authorization". 3. Compensation and Method of Payment 3.1 Fee Schedule CITY will compensate PROFESSIONAL for services under each Project Authorization. The fee due to the PROFESSIONAL shall be set forth in each Project Authorization and shall be in accordance with PROFESSIONAL'S personnel hourly rate schedule formalized in "Exhibit C" to this Agreement. PROFESSIONAL'S personnel hourly rate schedule may be updated annually prior to each optional renewal period. 3.2 Invoices PROFESSIONAL shall submit monthly invoices to the CITY no later than the last day of the month for work accomplished under this Agreement. Each invoice shall be detailed and include, but not be limited to, hours worked by each person assigned to the Project, date worked, and all ancillary expenses incurred and by whom. 3.3 Payment Payment for services rendered is due within Forty-five (45) days of receipt and approval of invoice by CITY. Payment is delinquent thirty (30) days following receipt and approval of invoice by CITY. 4. Reimbursable Expenses PROFESSIONAL shall be reimbursed only for approved out pocket expenses directly chargeable to the Project, at actual cost incurred. Reimbursable expenses will include travel, lodging and meals when traveling at the CITY'S request and on thE: CITY'S behalf. These expenses shall conform to rates and allowances set forth in Florida State Statute, Sec 112.061, regarding per diem and traveling expenses. Identifiable communication expenses, reproduction costs, and special accounting expenses not applicable to general overhead shall be reimbursed at actual cost. 5. Additional Services 5.1 Requests for Additional Services The undertaking by the PROFESSIONAL to perform professional services defined within this Agreement extends only to those services specifically described herein. City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 12 If upon the request of the CITY, the PROFESSIONAL agrees to perform additional services hereunder, the CITY shall pay the PROFESSIONAL for the performance of such additional services an amount (in addition to all other amounts payable under this Agreement) based on an hourly fee in accordance with PROFESSIONAL'S current personnel fee schedule, plus reimbursable Expenses so incurred by the PROFESSIONAL; unless a lump sum addendum to this Agreement is executed by the parties to this Agreement which addresses the additional services. 5.2 Changes in Scope/Conditions Additional services shall include revisions to work previously performed that are required because of a change in the data or criteria furnished to the PROFESSIONAL, or a change in the scope of concept of the Project initiated by the C, or services that are required by changes in the requirements of public agencies, after work under this Agreement has commenced. 6. Use of Documents 6.1 Ownership of Original Documents All deliverable analysis, reference data, survey data, plans and reports or any other form of written instrument or document that may result from the PROFESSIONAL'S services or have been created during the course of the PROFESSIONAL'S performance under this Agreement shall become the property of and shall be delivered to the CITY after final payment is made to the PROFESSIONAL. 7. Termination 7.1 Termination for Convenience Either party upon a seven (7) day written notice to the other party may terminate this Agreement. In the event of any termination, PROFESSIONAL shall bE; paid for all services rendered to the date of termination including all reimbursable expenses. 8. City's Obligations 8.1 Data to be Furnished The CITY shall provide PROFESSIONAL with all data, studies, surveys, plats and all other pertinent information concerning the Project in the possession of the CITY upon request. 8.2 Designated Representative The Designated Representative of the CITY to act with authority on thE� CITY'S behalf with respect to all aspects of the Project shall be identified in each Project Authorization. 9. Insurance. 9.1 Workers' Compensation The PROFESSIONAL shall procure and maintain, during the life of this Agreement, Worker's Compensation insurance as required by Florida Statutes, Chapter 440 for all employees of the PROFESSIONAL engaged in work on the Project under this Agreement. 9.2 Insurance Policy Limits PROFESSIONAL shall procure and maintain insurance policies with at least the following coverage and amounts, during the life of this Agreement: 9.2.1: General Liability Insurance. In a combined single limit of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 13 9.2.2: Automobile Liability Insurance. In a combined single limit of $250,000.00 each occurrence. 9.2.3: Professional Liability or Errors and Omissions Insurance. In a combined single limit of $1,000,000.00 aggregate. 9.3 Insurance Cancellation The PROFESSIONAL shall furnish to the CITY Certificates of Insurance allowing thirty (30) days, notice for any change, cancellation, or non -renewal. If the insurance policies expire during the terms of the Agreement, a renewal certificate or binder shall be filed with the CITY fifteen (15) days prior to the renewal date. 9.4 City to be Named Additional Insured The plans and specifications and other Agreement documents to be prepared by PROFESSIONAL pursuant to this Agreement shall require the insurance of liability of the person, individual, firm, or corporation which would, as professional perform the work described in such plans and specifications. The amounts of insurance shall be determined by the CITY. The CITY shall be named as "additional insured" with regard to the coverage of such policies of insurance. In the case of State funded projects, State agencies such as the Florida Department of Transportation or Department of Environmental Protection, shall be named as "additional insured" with regard to the coverage of such policies of insurance. 9.5 Status of Claim. The PROFESSIONAL shall be responsible for keeping the CITY currently advised as to the status of any claims made for damages against the PROFESSIONAL resulting from services performed under this Agreement. The PROFESSIONAL shall send notice of claims related to work under this Agreement to the City. Copies of the notices shall be sent by fax, hand delivery or regular mail to: City Administrator, City of Okeechobee 55 SE V Avenue Okeechobee, Florida 34974 Fax: (863) 763-1686 10. General Conditions 10.1 Compliance with Laws The Professional, its employees, sub -contractors or assigns, shall comply/ with all applicable federal, state, and local laws, regulations, and requirements relating to the performance of this Agreement. 10.2 Applicable Laws and Venue The Laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in Federal Court. 10.3 Indemnification PROFESSIONAL shall defend, indemnify and hold harmless the CITY and all of the CITY's officers, agents, and employees from and against all claims, liability, loss and expenses, including reasonable costs, collection expenses, attorneys' fees, and court costs which may arise because of the negligence (whether active or passive) misconduct, or other fault, in whole or in part (whether joint, concurrent, or contributing) of PROFESSIONAL, its officers, agents or employees in performance or non-performance of its obligations under the Agreement. PROFESSIONAL recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of legal defense to the CITY when necessary, and voluntarily City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 14 makes this covenant and expressly acknowledges to receipt of such good and valuable consideration provided by the CITY in support of these indemnification, legal defense and hold harmless contractual obligations in accordance with the laws of the State of Florida. This clause shall survive the termination of this Agreement. Compliance with any insurance requirements required elsewhere within this Agreement shall not relieve PROFESSIONAL of its liability and obligation to defend, hold harmless and indemnify the CITY as set forth in this article of the Agreement. Nothing herein, shall be construed to extend the CITY'S liability beyond that provided in Section 768.28, Florida Statutes. 10.4 Waiver of Jury Trial Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waves its right to a trial by jury in any action or other legal proceeding arising out of relating to this Agreement and the transactions it contemplates. This waiver applies to an action or legal proceeding, whether sounding in agreement, tort or otherwise. 10.5 No Discrimination PROFESSIONAL and its agents will not discriminate against any person on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this Agreement. 10.6 No Lobbying Pursuant to Chapter 216.947, F.S., the PROFESSIONAL is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 10.7 E-Verify PROFESSIONAL has verified that its employees are authorized to work in the United States and certifies that a good faith effort has been made to properly identify employees by timely reviewing and completing appropriate documentation, including but not limited to the Department of Homeland Security, United States Citizenship, and Immigration Services Form 1-9. Answers to questions regarding E- Verify as well as instructions on enrollment may be found at the E-Verify website: www.uscis.gov/e-verify. PROFESSIONAL shall expressly require any sub- contractor's performing work or providing services pursuant to this Agreement to likewise utilize the United States Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the sub- contractor during the Agreement term. 10.8 Professionals Duties Regarding Public Records 10.8.1. Compliance with Florida Laws PROFESSIONAL must provide public access to all records concerning this Agreement according to applicable Florida laws including Chapter 119, Florida Statutes. If PROFESSIONAL asserts any exemptions to Florida's Public Records laws, PROFESSIONAL has the burden of establishing and defending the exemption. PROFESSIONAL'S failure to comply with this section is a breach of this Agreement. The records subject to Chapter 119 may include, in addition to prepared documents, such communication as e-mails, text messages, inter -office memorandums, social media, and photographs or images; a person or entity may request Public Records via e-mail, or by oral or written request, and a response to such a request must be prompt; it is the responsibility of the PROFESSIONAL to establish an in-house policy in reference to such records, and to identify and retain such communications in the normal course of business in the event a request is made to produce these records. 10.8.2. IF THE PROFESSIONAL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER, 119, City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 15 FLORIDA STATURES, TO THE PROFESSIONAL'S DUTY TO PROVIDE PUBLIC RECORDS REGARDING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER : (863) 763-3372, EXT 9814, EMAIL ADDRESS LGAMIOTEA(a)-CITYOFOKEECHOBEE.COM, AND MAILING ADDRESS: 55 SE THIRD AVE, OKEECHOBEE FL, 34974. 10.9 No Third -Party Beneficiaries This Agreement is solely for the benefit of the PROFESSIONAL and the CITY. No person or entity other than the PROFESSIONAL or the CITY shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third - party beneficiary or otherwise. 10.10 Assignment PROFESSIONAL shall not assign, delegate, sublease or otherwise transfer any portion of its rights and obligations as set forth in this Agreement without prior written consent of the CITY. Any attempted assignment in violation of this provision shall be void. 10.11 Waver No waiver of any term of this Agreement constitutes a waiver of any other provision, whether similar or dissimilar. No waiver of any term constitutes a continuing waiver. No waiver is binding unless signed in writing by the waiving party 10.12 Severability If any term of this Agreement is for any reason invalid or unenforceable, the rest of the Agreement remains fully valid and enforceable. 10.13 Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreement, representations, and undertaking. No supplement, modification, or amendment of this agreement will be binding unless it is in writing and signed by both parties. 10.14 Interpretation Unless the context requires otherwise: The term "including" contemplates "including but not limited to." 10.15 Survival All provisions of this Agreement which by their terms bind either party after the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement. 10.16 Force Majeure Notwithstanding any provisions of this Agreement to the contrary, the Parities shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the. Parties. Failure to perform shall be excused during the continuance or as a result: of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this Agreement specifies that performance by the PROFESSIONAL is specifically required during the occurrence of any of the events herein mentioned. City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 16 11. Exhibits The following Exhibits are attached to and made a part of this Agreement: "Exhibit A" - "Submittal as submitted by Professional and Accepted by City of Okeechobee" "Exhibit B" - "Original Request for Submittal as Issued by CITY, including all Addenda" "Exhibit C" - "Professional's Personnel Hourly Rate Schedule." IN WITNESS WHEREOF, the CITY and the PROFESSIONAL have made and executed this Agreement the day and year first above written. ATTEST: Lane Gamiotea City Clerk APPROVED AS TO FORM AND CORRECTNESS John J. Fumero City Attorney WITNESSES: (Signature) CITY Dowling R. Watford, Jr. Mayor PROFESSIONAL (Signature) (Signature) (Printed Name & Title) City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 17 EXHIBIT A "SUBMITTAL AS SUBMITTED BY PROFESSIONAL AND ACCEPTED BY THE CITY OF OKEECHOBEE" City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 18 EXHIBIT B "ORIGINAL REQUEST FOR SUBMITTAL AS ISSUED BY CITY INCLUDING ALL ADDENDA" City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 19 EXHIBIT C "PROFESSIONAL'S PERSONNEL HOURLY RATE SCHEDULE" City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 20 ATTACHMENT A PROJECT AUTHORIZATION TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF OKEECHOBEE AND THE FIRM OF XXXXXXXX PROJECT DESCRIPTION: NAME OF PROJECT PURPOSE This is an attachment to the Standard Agreement for Professional Engineering Services dated between the City of Okeechobee (CITY) and the individual or firm of . (PROFESSIONAL). The purpose of this Project Authorization is to specify the required services of the PROFESSIONAL to design , prepare Construction documents, provide Bidding Phase services, and to provide Construction Phase services for the Project Name: II. PROFESSIONAL'S SERVICES The PROFESSIONAL shall design and prepare Construction documents, providE! Bidding Phase services, and Construction Phase services for the Project Name III. GENERAL SCOPE OF WORK The PROFESSIONAL's services shall include, but not be limited to, the following items: A. TASK A: DESIGN AND PERMITTING 1. Data Collection 2. Analysis 3. Design 4. Preparation of Technical Specifications 5. Monthly meetings with CITY staff 6. The PROFESSIONAL shall procure the necessary permits required for the items described in this Project Authorization. 7. Prepare minutes and agendas for all meetings and submit to the CITY. B. TASK B: CONSTRUCTION DOCUMENTS The PROFESSIONAL shall prepare complete Construction Drawings (100% drawings) and specifications for the work as described in III.A. (above). Drawings shall be furnished to the CITY in reproducible form and to a satisfactory scale. They shall be accurate, legible, complete and suitable for bidding purposes. The PROFESSIONAL shall furnish, when requested, all necessary prints and other information during the design process, for review by the CITY, utility suppliers and other parties having jurisdiction and to fulfill requests by other government agencies and the public. The construction drawings must meet the following minimum plans and design documentation packaging requirements: a. Plan sets City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 21 b. Cover / Key Sheet c. Summary of Pay Items d. Reference Points c. Typical Sections f. Miscellaneous Detail Sheet 3. Based upon the final Construction Documents, the PROFESSIONAL shall prepare and submit an estimate of probable cost for construction. C. TASK C: BIDDING PHASE SERVICES The PROFESSIONAL shall: 1. Attend Pre -Bid Conference. 2. Prepare Pre -Bid Meeting Minutes. 3. Respond to questions during bidding, as needed. 4. Review bid submittals for compliance with the plans and specifications and prepare a comparative bid analysis. 5. Make a recommendation for award based on bids received and reference checks. D. TASK D: CONSTRUCTION PHASE SERVICES The PROFESSIONAL's responsibility to provide Construction Phase Services under this agreement commences with the award of each Agreement for Construction and terminates at the earlier of the issuance by the CITY of the final Certificate for Payment or 30 days after the date of Substantial Completion of the Work, but may be extended. 2. The PROFESSIONAL shall attend and administer the preconstruction conference. Visits to Site and Observation of Construction: In connection with observations of the work of contractor(s) while it is in progress, PROFESSIONAL shall make visits to the site at intervals appropriate to the various stages of construction as PROFESSIONAL deems necessary in order to observe as an experienced and qualified design professional the progress of the various aspects of contractor(s)' work. 4. Defective Work: During such visits and on the basis of such observations, PROFESSIONAL may disapprove or reject contractor(s)' work while it is in progress if PROFESSIONAL believes that such work will not produce a completed PROJECT that conforms to the Agreement documents or that it will prejudice the integrity of the design concept of the PROJECT as reflected in the Agreement documents. 5. Interpretations and Clarifications: PROFESSIONAL shall issue necessary interpretations and clarifications of the Agreement documents and in connection therewith prepare work directive changes and change orders as required. 6. Shop Drawings: PROFESSIONAL shall review and approve (or take other appropriate action in respect of) Shop Drawings, samples and other data which contractor(s) are required to submit, but only for conformance with the design concept of the PROJECT. 7. Substitutes: PROFESSIONAL shall evaluate and determine the acceptability of City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 22 substitute materials and equipment proposed by contractor(s). 8. Inspections and Tests: PROFESSIONAL shall have authority, as CITY"S representative, to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes orders or the Agreement documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Agreement documents). Disputes between CITY and contractor: PROFESSIONAL shall act as initial interpreter of the requirements of the Agreement documents and judge of the acceptability of the work there under and make decisions on all claims of CITY and contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Agreement documents pertaining to the execution and progress of the work. 10. Applications for Payment: Based on PROFESSIONAL's on -site observations as an experienced and qualified design professional, and on review of applications for payments and the accompanying data and schedules: a. PROFESSIONAL shall verify the amounts owing to contractor(s) and recommend in writing payments to contractor(s) in such amount:3. Such recommendations of payment will constitute a representation to CITY, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of PROFESSIONAL's knowledge, information and belief, the quality of such work is in accordance with the Agreement documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Agreement documents and to any other qualifications stated in the recommendation). In the case of unit price work, PROFESSIONAL's verifications of payment wil include determinations of quantities and classifications of such work (subject: to any subsequent adjustments allowed by the Agreement documents. 11. Contractor(s) Completion Documents: PROFESSIONAL shall receive and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are to be assembled by contractor(s) in accordance with the Agreement documents and shall transmit them to the CITY with written comments. 12. Inspections: PROFESSIONAL shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable to the CITY and other governing agencies so that PROFESSIONAL may recommend, in writing, final payment to contractor(s) that the work is acceptable (subject to any conditions therein expressed). 13. Closeout: PROFESSIONAL shall provide assistance in the closing of any financial or related transaction for the PROJECT (project closeout book, summary o`testing, rectifying change orders, final pay estimate, summary of Resident Project Representative (RPR) time, PROFESSIONAL and owner certification letter). City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 23 14. Record Drawings / As -Built Drawings: PROFESSIONAL shall prepare a set of Mylar record prints of Drawings (3 sets of prints and 1 CD) showing those changes made during the construction process, based on the marked -up prints, drawings and other data furnished by contractor(s) to PROFESSIONAL and which PROFESSIONAL considers significant, including plan Update. IV. CITY RESPONSIBILITIES The CITY will provide specific data for project. V. WARRANTY The PROFESSIONAL warrants that the plans and specifications produced as a result of this Agreement are complete, correct and suitable for the purpose intended. VI. AMERICANS WITH DISABILITIES The PROFESSIONAL shall ensure compliance with all applicable governmental accessibility standards, including without limitation those applicable under Section 35.151 CFR. VII. DELIVERABLES The PROFESSIONAL shall supply 60%, 90%, and 100% Plans and Specifications to the CITY for review. Each draft submittal shall include two copies of the draft Plans and Specifications. The PROFESSIONAL shall submit to the CITY the final Plans and Specifications in the following amounts: 1. Unsealed Copy of Final Plans — 1 set 2. Sealed Copy of Final Plans — 1 set 3. Digital Copy of Final Plans — 1 copy 4. Unbound set of Technical Specifications — 1 set 5. Digital Copy of Technical Specifications — 1 copy Vill. PLAN AND SPECIFICATIONS REPRODUCTION The PROFESSIONAL will provide two (2) sets of the plans and specifications for bidding purposes. One set is to be a signed and sealed record set. The cost of these sets is included in the design costs paid the PROFESSIONAL as compensation for services required under this Project Authorization. If additional sets of Construction Documents are required by the CITY, the PROFESSIONAL shall furnish such sets at cost. Payment for such additional sets shall be promptly made by the CITY, upon properly supported invoices, submitted by PROFESSIONAL. IX. PLANS AND DOCUMENT OWNERSHIP City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 24 The original plans and specifications will become the property of the CITY upon completion of this Project. Computer systems (CADD) are to be used in the preparation of the construction plans; a copy of all electronic data and drawing files are to be submitted on CD media. These will utilize the most recent AutoCAD version available. If other software is used, it is to be translated to the aforementioned software. The supplied disks are to include all point and working files. X. SCHEDULES AND TIME CONSTRAINTS Within ten (10) days after receiving the Notice to Proceed, the PROFESSIONAL shall provide a schedule and an anticipated payment schedule. The total time allowed for the PROFESSIONAL's services required under this Project Authorization shall be XXXX (XX) months from the date of the Notice to Proceed. The construction documents shall be completed within XXX (X) months from the date of the Notice to Proceed. XI. COMPENSATION Payment for all services will be in accordance with the Standard Agreement for Civil Engineering Services. Total compensation shall, based on the man hours shown cn Exhibit A, for all services, material, supplies and any other items or requirements necE;ssary to complete the work as described herein to include actual salary costs, overhead and profit in an amount equal to 100% of actual salary cost and reimbursement of actual direct non - salary expenses shall not exceed XXXXXXXXXXXX dollars ($XXXX). Out cf pocket expenses including postage, printing, copying and long distance telephone calls shall be billed as a reimbursable expense at the PROFESSIONAL's actual cost. Reimbursable expenses shall not exceed XXXXXXXXXXXX dollars ($XXXX); therefore, total compensation for all work shall not exceed XXXXXXXXXXXX dollars ($XXXX). IN WITNESS WHEREOF, the parties have made and executed this Agreement, the day and year first above written. PROFESSIONAL: (SEAL) (Signature) BY: Corporate Officer Name & Title Date: ATTEST APPROVED AS TO COMPLIANCE WITH PURCHASING & AGREEMENT POLICIES AND PROCEDURES Date: Mr. Gary Ritter, City Administrator TECHNICAL PROVISIONS OF AGREEMENT AND BUDGETARY REQUIREMENTS APPROVED City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 25 Date: Mr. Gary Ritter, City Administrator ---------------------------------------------------------- ---------------------------------------------------------- CITY OF OKEECHOBEE Date: Mr. Gary Ritter, City Administrator ---------------------------------------------------------- ---------------------------------------------------------- APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF OKEECHOBEE CITY ONLY Date: John J. Fumero, City Attorney ATTACHMENT B RFQ NO. ADM 01-32-07-21 ANTI -COLLUSION STATEMENT AND NO GIFT STATEMENT Date: Anti -collusion statement: The below -signed PROFESSIONAL has not divulged to, discussed, or compared his/her submittal with other Professionals and has not colluded with any other Professional or parties to a submittal whatsoever. No gifts statement: No premiums, rebates, gifts or gratuities are permitted with, prior to, or after submission of the submittal. Any such violation will result in rejection of the submittal and removal from the submittal list(s). Name: By (printed/typed): By (signature): Title: Mailing Address: City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 26 City, State, Zip: Telephone No.: City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 27 ATTACHMENT C RFQ NO. ADM 01-32-07-21 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all Professionals must disclose if any City of Okeechobee employee(s), elected official(s), or any of its agents is also an owner, corporate officer, director, agent, employee, etc., of their business. Indicate either "yes" (a City employee, elected official or agent is associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO Name(s) Position(s) Name: By (Printed): By (Signature): Title: Address: Phone Number: City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 28 ATTACHMENT D CITY OF OKEECHOBEE PROFESSIONAL ENGINEERING SERVICES RFQ NO. ADM 01-32-07-21 REFERENCE FORM Client Name: Client Phone Number: Client E-mail: Service Dates: Beginning Estimated Annual Agreement Amount: End Description of the services performed as they directly relate to the work of this Request for Submittal: City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 29 ATTACHMENT E RFQ NO. ADM 01-32-07-21 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A IJOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to CITY OF OKEECHOBEE, FLORIDA, by:_ (print Individual's name and title) for: (print name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(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 of the United States, including but not limited to, any agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a 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 record 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 con tendere. 4. 1 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 ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 30 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 any state or of the United States with the legal power to enter into a binding Agreement and which submittal or applies to a submittal on agreements for the 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. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies). F Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who Eire active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. F- The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who Eire active in the 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. F� The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who Eire active in the 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. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DEC;EMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO AN AGREEMENT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of a physical presence or a online notarization, this day of , 20, by who is personally known to me or produced as identification. Notary Public Signature Commission No. City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 31 ATTACHMENT F RFQ NO. ADM 01-32-07-21 RUG -FREE WORKPLACE CERTIFICATION THE BELOW SIGNED Professional/Individual CERTIFIES that it has implemented a drug - free workplace program. To have a drug -free workplace program, a business shell: 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 violation 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 quote 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 quote, the employee will abide by the terms of the statement and will notify the emcloyer of any conviction or plea of guilty or nolo contendere to any violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in the employee's community, by an employee who is 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 this statement, I certify that this individual or firm complies fully with the above requirements. Signature: Date: Company: Name: Address: Title: Phone Number: City of Okeechobee RFQ NO. ADM 01-.32-07-21 City Administration 32 ATTACHMENT G RFQ NO. ADM 01-32-07-21 IMMIGRATION LAW CERTIFICATION City of Okeechobee will not intentionally award City Agreements to any Professional who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324 a(e) (Section 274a(e) of the immigration and nationality act ("INA")). City of Okeechobee may consider the employment by any Professional of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of the Agreement by City of Okeechobee. Respondent attests that it is fully compliant with all applicable immigration laws, specifically relating to the 1986 immigration act and subsequent amendments. Company Name Signature Title Date STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of Li physical presence or a online notarization, this day of , 20, by who is personally known to me or produced as identification. Notary Public Signature Commission No. City of Okeechobee RFQ NO. ADM 01-32-07-21 City Administration 33