Professional_Construction_Engineering_and_Inspection_CEI_Services.pdf

Procurement

Solicitation

RFQ26-15

PROFESSIONAL CONSTRUCTION ENGINEERING AND

INSPECTION (CEI) SERVICES

DEADLINE FOR QUESTIONS: April 3, 2026

RESPONSE DEADLINE: April 14, 2026, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/cityofwinterpark

Sealed responses must be submitted electronically via the City’s e- Procurement Portal on or before the date and time referenced above. Any responses received after 10:00 am on said date will not be accepted under any circumstances. Under no circumstances shall the City be responsible for untimely submissions, late deliveries, or delayed response.

City of Winter Park

REQUEST FOR QUALIFICATION

Professional Construction Engineering and Inspection (CEI) Services

1. Introduction

2. Definitions

3. Proposal Preparation & Submittal

4. Qualifications and Requirements

5. Evaluation Procedure

6. Evaluation Criteria

7. Standard Terms & Conditions

8. Summation of Insurance Requirements

9. Vendor Requirements & Acknowledgement

10. Attachments

1. Introduction

1.1. Summary

Electronic submissions must be received and time stamped by the City of Winter Park's eProcurement portal on or before 10:00 am Tuesday, April 14, 2026. Any responses received after said time and date will not be accepted under any circumstances. Official time will be measured by the time stamp from the eProcurement portal, which shall be scrupulously observed.

Under no circumstances shall the City of Winter Park be responsible for untimely submissions, late deliveries, or delayed responses.

In accordance with the provisions of Section 287.055, Florida Statutes (Consultants Competitive

Negotiation Act), the City of Winter Park ("City") is seeking qualification statements from interested consultants or licensed individuals to provide professional Construction Engineering and Inspection (CEI) services to help ensure safety, compliance, quality construction, and professional project oversight.

Respondents must be licensed and authorized to perform professional engineering services in the State of

Florida pursuant to Section 471.023, Florida Statutes, and demonstrate the appropriate professional experience and qualifications to provide these services to the City.

1.2. Background

The City requires professional Construction Engineering and Inspection services to support a variety of public infrastructure improvement projects. The intent of this RFQ is to select qualified consultant(s) to provide inspection, documentation, coordination, and construction support services to help ensure safety, regulatory compliance, quality construction, and timely project delivery on an as-needed basis.

1.3. Contact Information

Madison Smith Procurement Agent 401 South Park Avenue Winter Park, FL 32789 Email: msmith@cityofwinterpark.org Phone: (407) 599-3238

Department:

Public Works & Transportation

1.4. Timeline

All times, dates, and actions are subject to change. In accordance with F.S. 286.0113, portions of the meetings may be exempt from public meeting requirements. All interested parties are welcome to attend the non-exempt portions of the public meetings.

Release Date March 13, 2026 https://procurement.opengov.com/portal/cityofwinterpark mailto:msmith@cityofwinterpark.org tel:(407)599-3238

Question Submission Deadline April 3, 2026, 10:00am

Proposal Submission Deadline April 14, 2026, 10:00am

Selection Committee Meeting (Non- Mandatory)

April 22, 2026, 10:00am

City Hall - Chapman Room 401 South Park Avenue Winter Park, 32789

Oral Presentations April 29, 2026

Final Ranking Meeting (Non- Mandatory)

April 29, 2026

City Hall - Chase Room 401 South Park Avenue Winter Park, 32789

Anticipated Commission Award TBD

2. Definitions

Addenda means a written or graphic instrument issued by the City prior to the execution of the Agreement which modify or interpret the Request for Qualification by additions, deletions, clarifications, corrections or other type of modifications. Addenda will become part of the Contract Documents when the Agreement is executed.

Agreement means a legal document, executed by the City and the Successful Respondent, which supersedes all prior negotiations, representations, or agreements, either written or oral. The Agreement, as amended from time to time, forms the Contract between City and the Successful Respondent, setting forth the roles, responsibilities, and obligations of the parties, including, but not limited to, the performance of the Services and the basis of payment.

City means City of Winter Park, its officers, employees, agents, and volunteers.

Contract Documents means the Request for Qualification, including Addenda to such, the Agreement, including Addenda to such, Respondent's Proposal, Scope of Services, Certificate(s) of Insurance, Notice of Intent to Award, Notice of Award, and any other documents mailed, e-mailed or otherwise transmitted to the Respondent prior to or after the submittal of their Proposal, and prior to or after Award, all of which are all to be treated as one in the form of the Contract Documents.

F.S. means the Florida Statutes, the version in effect on the effective date of Agreement, unless otherwise indicated.

Minor Irregularity means a variation from the Request for Qualification terms and conditions which does not affect the price or give the Respondent an advantage or benefit not enjoyed by the other Respondents or does not adversely impact the interests of the City.

Notice of Award means a written notice submitted by the City notifying the Successful Respondent that they have been awarded the contract.

Notice of Intent to Award means a written notice submitted by the City notifying the Successful

Respondent that the City intends to award the contract to them, contingent upon the Successful Respondent executing the Agreement and submitting any outstanding documents.

Notice to Proceed means a written notice issued by the City to the Successful Respondent fixing the date on which the Successful Respondent shall start the performance of the Services and the length of time for the completion of the Services, in accordance with the Contract Documents.

Proposal means the response to the Request for Qualification submitted by the Respondent.

Recommendation of Award means a written notification sent by way of facsimile or electronic e-mail to those who submitted a Proposal in response to this Request for Qualification advising them of the City's decision for its selection of the Successful Respondent and its intent to award to that Respondent.

Request for Qualification means the contents of this solicitation and all supporting documents, including Addendum to such, or other related information transmitted to Respondents.

Respondent means the entity that submits a Proposal to the City in response to the Request for Qualification. Respondent is interchangeable with Vendor, Consultant, Firm, Bidder, and Contractor.

Responsive means a Proposal that conforms in all material respects to the Request for Qualification requirements.

Responsible Respondent means a Respondent who shows that they have the capability in all respects to perform fully the Services outlined in the Request for Qualification, and the integrity and reliability that will assure good faith performance.

Selection Committee means City employees selected to evaluate and score the Proposals and Oral Presentation, and recommend the Successful Respondent to the Commission for an award.

Services means all supervision, labor, materials, equipment, supplies, subcontractors, and incidental expenses required by the Respondent to execute and complete the requirements of the Services outlined in the Contract Documents, including those prescribed or implied.

Subcontractor means an entity having a direct Contract with the Successful Respondent or with any other Subcontractor of the Successful Respondent who will provide product(s) or Services(s) for the performance of a part of the Services required under the Contract Documents under the sole control and direction of the Contractor.

Successful Respondent means the Respondent to whom the City awards an agreement based on the City's evaluation of the Respondents' qualifications and pricing as hereinafter provided.

Timeline means the list of critical dates and actions involved in the Request for Qualification.

3. Proposal Preparation & Submittal

3.1. Obtain Documents

Documents can be downloaded by visiting the City of Winter Park's public eProcurement portal. If you experience any problems downloading the document, please contact the OpenGov system support via the Tech Support chat on the website, email procurement-support@opengov.com, or by phone at (650) 336-7167.

Respondents are strongly encouraged to read the various vendor Guides and Tutorials available in OPENGOV well in advance of their intention of submitting a response to ensure familiarity with the use of OPENGOV. The City will not be responsible for an Offeror’s inability to submit a response by the end date and time for any reason, including issues arising from the use of OPENGOV.

3.2. Electronic Proposals Due

Electronic responses must be submitted via the City's eProcurement portal by 10:00 am Tuesday, April 14, 2026. It is the Respondent’s responsibility to ensure that your proposal is submitted to the City's eProcurement portal at the proper time. Proposals that, for any reason, are not so submitted will not be considered. All proposals received after 10:00 am Tuesday, April 14, 2026 will not be accepted. Under no circumstances will the City be responsible for late proposals or submissions.

All proposals will be electronically opened and acknowledged immediately following the proposal's due date and time.

3.3. City is Not an Administrative Agency

To the fullest extent allowed by law, the City of Winter Park is not an administrative agency subject to the formal solicitation procedures specified in Section 120.57(3), Florida Statutes, as it may be amended.

3.4. Preparation of Proposals

Proposals shall be submitted electronically by the Respondent via the City's eProcurement portal and whether the Respondent is a corporation, limited partnership, limited liability company, or other entity other than an individual. A Respondent may be requested to present evidence of their experience and qualifications and the entity’s financial ability to carry out the terms of any resulting contract.

If your response contains any information deemed confidential, provide an additional redacted version of your response labeled “Redacted”. An electronic copy (Adobe) shall be submitted in within the Vendor Requirements & Acknowledgement section.

3.5. Proposal Submittal

Proposals shall be submitted directly to the City's eProcurement portal. Submit proposals in accordance with the instructions listed herein regarding the time, place, and date required.

Responses received after the time requirement will not be opened and will not be considered for https://procurement.opengov.com/portal/cityofwinterpark/projects/246290 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/cityofwinterpark https://procurement.opengov.com/portal/cityofwinterpark/projects/246290/document?section=2351678 award. It is the Respondent’s sole responsibility to be sure its response is submitted directly to the City's eProcurement portal by 10:00 am Tuesday, April 14, 2026, and that the response is properly submitted as required. The City will not be responsible for any proposal submitted incorrectly or to the wrong location.

All proposals must be prepared and submitted in accordance with the instructions provided in this Request for Qualifications ("RFQ"). Each proposal received will be reviewed to determine if it is responsive to the submission requirements outlined in the RFQ. A responsive proposal is one that follows the requirements of the RFQ, includes all documentation and supporting exhibits, is of timely submission, and has the appropriate signatures and acknowledgments as required on each document. Failure to comply with these requirements may deem your proposal non-responsive. The City reserves the right to disqualify a proposal that is not submitted in the format delineated in Vendor Requirements & Acknowledgement.

Pursuant to Section 287.05701, Florida Statutes, the City may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor or give preference to a vendor based on the vendor’s social, political, or ideological interests.

3.6. Responsiveness

The City will determine whether the Respondent complies with the instructions for submitting proposals, including completeness of the proposal, which encompasses the inclusion of all required attachments and submissions. Late proposals will not be accepted. Failure to meet other requirements may result in rejection.

3.7. Responsibility

The City will determine whether the Respondent is one with whom it can or should do business. Factors that the City may evaluate to determine “responsibility” include, but are not limited to: past performance, references (including those found outside the proposal), compliance with applicable laws, Respondent's record of performance and integrity – e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A Respondent must always have sufficient financial resources, in the opinion of the City, to ensure the performance of the contract and must provide proof upon request. The City reserves the right to inspect and review Respondent’s facilities, equipment, and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information or the quality of the information will result in rejection.

4. Qualifications and Requirements

The terms “Consultant” and “Respondent” shall be interpreted to have the same meaning for purposes of these specifications, terms, and conditions.

4.1. Description of Services

The City is seeking responses from qualified Consultant(s) to provide Construction Engineering and Inspection ("CEI") and related support services for a variety of City projects involving transportation, drainage, site development, facilities, and other related public infrastructure improvements.

Required services may include the following:

• Construction engineering and inspection;

• Construction inspection;

• Construction document and plan review during the design phase by others;

• Project budget and schedule monitoring;

• Reporting;

• Contract administration support and related services.

The Consultant shall provide all professional, technical, administrative, clerical, subconsultant, and subcontracted services necessary to perform assigned services in a timely and efficient manner.

Anticipated services may include construction management support, CEI, inspection, testing coordination, documentation, and related administrative functions typically associated with public works construction projects, including projects subject to applicable FDOT or other agency requirements.

4.2. General Requirements

A. It shall be the responsibility of the firm or individual to administer, monitor, and inspect the Construction Contract between the City and Contractor such that the project is constructed in reasonable conformity with the plans, specifications, special provisions, permits, approved submittals, and applicable funding requirements for the Construction Contract.

B. Observe the Contractor’s work to determine the progress and quality of work. Identify discrepancies, report significant discrepancies to the City, and coordinate with the City regarding corrective action to be performed by the Contractor.

C. Assist the City with contract administration, including review of pay quantities, change order support, documentation of project issues, and coordination with the Engineer of Record, utility owners, and other affected parties, as applicable.

D. Coordinate with the City regarding significant omissions, substitutions, defects, deficiencies, delays, and non-conforming work noted in the Contractor’s operations and the corrective action to be taken.

E. Review construction documents and field conditions for apparent conflicts, ambiguities, omissions, constructability concerns, and conditions that may result in additional cost or delay, and promptly notify the City of such matters.

4.3. Survey Control

Consultant shall check or establish the survey control baselines along with sufficient baseline control points and benchmarks at appropriate intervals along the project to:

A. Make and record measurements necessary to calculate and document quantities for pay items.

B. Make and record pre-construction and final cross-section surveys of the project site in those areas where earthwork, excavation, embankment, or similar work is part of the construction project.

C. Perform incidental engineering surveys.

4.4. On-Site Inspection

1. Monitor the Contractor’s on-site construction activities and inspect materials entering the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the project is being constructed in reasonable conformity with such documents. Maintain detailed and accurate records of the Contractor’s daily operations and of significant events that affect the work.

2. Monitor and inspect the Contractor’s temporary traffic control and maintenance of traffic operations, when applicable, and review modifications to the traffic control plan in accordance with the contract documents and applicable procedures. Personnel performing such services shall be qualified in accordance with applicable requirements.

3. Provide digital photographic documentation and, when appropriate, video documentation of pre-construction conditions, construction progress, noteworthy incidents, potential claim items, and milestone events, including conditional, partial, substantial, and final acceptance.

4.5. Sampling and Testing

1. When directed by the City, the Consultant shall perform, witness, coordinate, or verify sampling and testing of component materials and completed work in accordance with the Construction Contract documents. Where applicable, the minimum sampling frequencies set out in FDOT’s Materials Sampling, Testing, and Reporting Guide shall be met.

2. Determine the acceptability of materials and completed work items on the basis of test results or verification of certifications, certified mill analyses, certified labels and stamps, or other required documentation.

3. Documentation reports on sampling and testing performed by the firm or individual shall be submitted during the same week that the construction work is performed, unless otherwise directed by the City.

4. The Consultant may utilize qualified subconsultants for materials testing, laboratory services, and other specialized services, subject to City approval.

4.6. Engineering Services

1. Coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project.

2. Services shall include maintaining the required level of surveillance of Contractor activities;

interpreting plans, specifications, and special provisions for the Construction Contract;

maintaining complete and accurate records of project activities and events; and properly documenting project changes.

3. Attend a pre-construction conference and all other meetings as required by the City for the assigned project.

4. Analyze the Contractor’s schedules, including baseline schedules, revised baseline schedules, updates, recovery schedules, and as-built schedules, for compliance with the contract documents. Provide a written review of the schedule, identifying significant omissions, unreasonable activity durations, errors in logic, phasing conflicts, and other concerns affecting timely completion.

5. Analyze problems that arise on a project and proposals submitted by the Contractor, work with the City to resolve such issues, and process the necessary documentation for City review and approval.

6. Produce reports, verify quantity calculations and field measurements for payment purposes, and facilitate the timely processing of information in order for the City to make prompt payment to the Contractor.

7. Prepare and submit status reports in a format to be provided by the City.

8. Verify that the Contractor is conducting inspections, preparing reports, and monitoring environmental, stormwater, erosion control, and permit compliance measures associated with the project, when applicable.

9. When required by the project or funding source, provide compliance monitoring and documentation support for matters such as certified payrolls, subcontracts, DBE participation, EEO documentation, on-the-job training, wage rate compliance, job board inspections, and employee interviews.

4.7. Specialty and Other Services

A. When required for a specific assignment, the Consultant shall provide or coordinate specialty technical services related to the project, including geotechnical engineering support, drilled shaft inspection, pile monitoring, wave equation analysis, dynamic testing coordination, utility coordination, landscape inspection, irrigation inspection, site development inspection, and other project-specific technical support services necessary for successful completion of the Construction Contract. Such services may be provided by qualified subconsultants, subject to City approval.

B. Upon written authorization by the City or its designee, the Consultant may be required to perform additional services in connection with a project not otherwise specifically identified in this Agreement.

5. Evaluation Procedure

5.1. Evaluation

It is the intent of the City that all firms responding to this RFQ that meet the requirements will be ranked in accordance with the criteria established in these documents. The City will consider all responsive and responsible submittals received in its evaluation and award process.

5.2. Criteria

Firms submitting a response along with the required information and documentation will have their response evaluated and scored based on the evaluation criteria set forth herein.

Further, each response will be evaluated for full compliance with the RFQ instructions and the terms and conditions set forth within the RFQ document. Responses will be scored and ranked in accordance with the weighting and grading specified in the Evaluation Criteria. Responses will be evaluated, and an award made to the Respondent who is determined to be the most advantageous to the City in terms of quality of service, qualifications, and capabilities to provide the specified services and comply with the applicable conditions of this RFQ and the resulting Contract, and who in the judgment of the City will best serve the needs and interests of the City.

The following represent the principal selection criteria to be considered during the evaluation process. Points are determined by multiplying the weight by the grade. Shortlisting of firms will be based on converting each selection committee member’s total score into a ranking, with the highest score ranked first, the second-highest score ranked second, etc. Once converted, the selection committee member’s ranking for each firm will be entered into a shortlist summary. The total score recorded on the summary sheet will determine the shortlist ranking.

5.3. Initial Review of Responses

The City will perform an initial review of all submittals for preliminary qualification and documentation compliance. This review process may include, but is not limited to, form verification, professional licensing, references, past performance, and other relevant criteria.

5.4. Selection Process

The selection process is as follows:

A. The selection committee will evaluate all responses determined to be responsive.

B. The selection committee will then rank the responses of those firms based on their submittals, emphasizing City needs and following Florida Statutes Section 287.055, known as the Consultants Competitive Negotiations Act, to determine a shortlist and move forward to oral presentations (Phase 2) for further evaluation by the Committee.

C. After formal presentations/interviews with the shortlisted firms, a post-presentation/interview ranking will determine the top-ranked firm(s).

D. The Procurement Division will prepare an agenda item for the award recommendation to the https://procurement.opengov.com/portal/cityofwinterpark/projects/246290/document?section=2351670

City Commission.

E. The City Commission of the City of Winter Park will make the final selection after considering the recommendations and rankings of the Committee. The City Commission is not required to accept the recommendations and rankings of the Committee. The City Commission’s decision will be final.

F. The City and the selected Respondent will enter into a contract incorporating the requirements of this RFQ and with other terms acceptable to and required by the City. The City reserves the right to negotiate the terms and conditions of the contract with the Respondent. The City has the right to rescind the contract award to the Respondent if the City and the Respondent do not agree to the contract terms. The City reserves the right to reject a Respondent, even a Respondent awarded the contract, at any time prior to full contract execution.

5.5. Formal Presentations/Interviews

The City shall conduct formal presentations/interviews with three (3) or more of the shortlisted firms. Formal presentations/interviews will be held in accordance with F.S. 286.0113 and will adhere to the following guidelines:

A. The City’s Procurement Division will establish the schedule, and shortlisted Respondents will be notified at least five (5) calendar days in advance of the date, time, and place of the presentation/interview. The specific format of each presentation/interview will be provided to the shortlisted Respondents with the notifications.

B. The City will allot equal time for each shortlisted Respondent; however, each shortlisted Respondent may be asked differing questions.

C. Formal presentations/interviews will provide an opportunity for the shortlisted Respondents to demonstrate their ability to use time efficiently, effectively, and economically. The times allotted are maximums, and no firm will be penalized for using less than the allotted time.

5.6. Presentation Scoring and Final Ranking

In the event that the Selection Committee previously elected to short-list Respondent, any rankings or scores assigned as part of the short-listing process shall not be binding on the Selection Committee or its members as part of final evaluation and Selection Committee members may modify their scores for any and all Respondent and scoring categories as they deem appropriate in their sole discretion.

5.7. Post Award Termination

Unless otherwise prohibited by law, in the event the Respondent whom the City awards a contract through this RFQ is terminated early or suspended from further work or services by the City for a default in the performance under the contract, or in the event the City rescinds a contract award to the selected Respondent prior to execution of a contract, the City may, without commencing a new competitive procurement process and without waiving any rights or remedies against the defaulting Respondent (if applicable), contract with the next responsive and responsible Respondent that is willing and able to complete the work or services if such is determined by the City Commission to be in the City’s best interest. In awarding a contract to the next responsive and responsible Respondent that is willing and able to complete the work or services, the City may accept such Respondent’s original proposal submitted by the defaulting Respondent or the Respondent whose contract award was rescinded.

6. Evaluation Criteria

A. Scoring Definitions o 1 = Poor: Lacking or inadequate in most basic requirements, specifications, or provisions for the specific criteria.

o 2 = Below Average: Meets many of the basic requirements, specifications, or scope provision but lacks some essential aspects for the specific criteria.

o 3 = Average: Adequately meets the minimum requirements, specifications, or provisions of the specific scope and is generally capable of meeting the City's needs.

o 4 = Above Average: More than adequately meets the minimum requirements, specifications, or provision of the specific scope and exceeds those requirements in some aspects for the specific scope.

o 5 = Excellent: Exceeds minimum requirements, specifications, and provisions in most aspects for the specific criteria.

In evaluating the proposals, the City shall have the discretionary power to render decisions on:

A. the honesty, reputation, and integrity of a Respondent necessary to a faithful performance of the Contract;

B. a Respondent's skill and business judgment;

C. Respondent's facilities, labor force, and equipment for carrying out the Contract properly and expeditiously;

D. Respondent's previous conduct under other contracts with the City and contracts with any other parties that the Respondent has provided work or services;

E. the quality of Respondent's previous work for the City and any other parties that the Respondent has provided work or services;

F. Respondent's pecuniary ability and financial stability;

G. the Respondent's prior and existing compliance with laws, ordinances, and regulations;

H. Respondent's maintenance of a permanent place of business;

I. Respondent's appropriate successful contractual and technical experience in similar work;

J. The proportional amount of the work Respondent intends to perform with its organization as compared with the portion it intends to subcontract;

K. the qualifications of subcontractors whom each Respondent proposes to use;

L. the proximity of Respondent's labor force, equipment, and business operation in relation to the City;

M. Respondent's ability to meet and/or maintain scheduling requirements;

N. Respondent's quoted prices for services, and

O. Respondent's responsiveness to this Request for Qualification.

The above factors may be determined by Respondent's past performance of services/work for supplied references and other parties Respondent has performed services/work, information submitted as part of the proposal or in response to an inquiry by the City, and information otherwise known or discovered by the City, or any combination thereof. The City may conduct detailed examinations of Respondents, including Respondent's personnel, place of business and facilities, compliance with federal, state, and local laws and all relevant licensing and permitting requirements, and other matters of responsibility germane to the procurement process. The failure of a Respondent to supply information in connection with an inquiry promptly, at the City's discretion, may be grounds for rejecting such Respondent and its proposal.

PROSPECTIVE RESPONDENTS ARE PROHIBITED FROM CONTACTING ANY MEMBER OF

THE SELECTION COMMITTEE, EMPLOYEE, OR PUBLIC OFFICIAL (EXCEPT THE

FACILITATOR) AT ANY TIME DURING THE FORMAL SOLICITATION PROCESS UP TO THE

TIME OF CONTRACT AWARD. ANY ATTEMPTED CONTACT MAY BE GROUNDS FOR

DISQUALIFICATION.

Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications and Experience of Key Project Staff

Respondents will be evaluated based on the qualifications and relevant experience of the key personnel and consultants proposed for the project.

This includes relevant knowledge and experience on similar projects that will translate into the successful execution of the project.

0-5 Points 30 (30% of Total)

2. Technical Expertise & Approach

Respondents will be evaluated based on their technical expertise, proposed approach and methodology, understanding of the scope of work, project management and communication plan, and ability to meet budget and provide services in a timely manner, including the capability to perform services in accordance with applicable City, state, and federal requirements and experience with FDOT.

0-5 Points 30 (30% of Total)

3. Financial Stability & Capacity

Respondents will be evaluated based on their financial stability and capacity to successfully perform the required services. This includes an assessment of their financial resources, historical financial performance, and overall ability to sustain project operations without risk of interruption.

0-5 Points 25 (25% of Total)

4. Professional Contacts

Respondents will be evaluated based on how relevant the projects are to this RFQ.

0-5 Points 15 (15% of Total)

Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Quality of Engagement

Respondents will be evaluated based on their ability to engage and respond effectively to the committee's questions and comments.

0-5 Points 25 (25% of Total)

2. Scope Understanding & Alignment

Respondents are evaluated based on their demonstrated understanding of the RFQ's objectives, scope of services, key challenges, and alignment of their approach with the organization's goals.

0-5 Points 25 (25% of Total)

3. Availability & Capacity

Respondents will be evaluated based on their firm's current availability and overall capacity to accept assignments promptly while managing existing workloads and effectively meeting the City's needs.

0-5 Points 25 (25% of Total)

4. Past Performance and Project Outcomes

Respondents are evaluated on the successful completion of comparable projects, adherence to project schedules (including records or early, on-time, or delayed completions), and the overall quality of completed work.

0-5 Points 25 (25% of Total)

7. Standard Terms & Conditions

7.1. Basis of Response/Proposals

The words “RESPONSE” and “PROPOSAL” shall be interpreted to have the same meaning for purposes of these specifications, terms, and conditions. Respondent will include all cost items;

failure to comply may be cause for rejection. No segregated proposals or assignments will be considered. It is the intent of the City to promote competition.

It shall be the responsibility of the Respondent to advise the Procurement Division of any language, requirements, etc., or any combination thereof, which the Respondent feels may inadvertently restrict or limit the requirements stated in the specifications to a single vendor or manufacturer.

Such notification must be made in writing at least seven (7) working days prior to the opening date and time of the proposal.

7.2. Submission of Supporting Documents

The Successful Respondent shall furnish all required documents within ten (10) business days after notification of the award. If the Successful Respondent fails to furnish the required documents within ten (10) business days, the City may withdraw the award and award to the next responsive, responsible Respondent whose proposal provides the best value to the City.

7.3. Delivery

All prices shall be FOB Destination, City of Winter Park, Florida. Delivery dates and warranties must be written out and submitted with bids. We insist delivery dates be met as specified. There will be no additional charge for multiple delivery locations.

7.4. Contract Term

Unless otherwise agreed in a written document approved and signed by the City, the contract shall be in effect for thirty-six (36) consecutive months from the date the Mayor or other authorized signer signs the contract on behalf of the City.

There shall be the option of renewal for a possible first and second 12-month period, not to exceed sixty (60) months in total, after written consent of both parties and approval by the City Commission or City Manager. Approximately forty-five (45) days prior to the expiration of the initial contract period, the successful Respondent will be notified by the City if it seeks an extension. To be effective and enforceable, any changes in the scope of services or prices intended to apply in a renewal or extension period must be presented by City staff to the City Commission for approval or rejection.

Upon written consent of both parties and approval of the City Commission or City Manager, the contract will be renewed for the second, third, fourth, or fifth term.

7.5. Invoicing & Payment

Unless otherwise agreed to by the City, payment terms will be thirty (30) days net from receipt of invoice unless an appropriate prompt payment discount is provided and accepted. Payment shall be made by the City only after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced, and the invoices are in all respects satisfactory to the City and appropriate for payment. All invoices shall bear the purchase order number or RFQ number. Payment and disputes involving invoices and payments shall be governed in accordance with Part VII, Chapter 218, Florida Statutes (Local Government Prompt Payment Act).

7.6. VISA Acceptance

The City of Winter Park has implemented a purchasing card program using the VISA platform.

Successful Respondent may receive payment from the City by the purchasing card in the same manner as other VISA purchases. VISA acceptance is preferred but is not the exclusive method of payment.

7.7. Taxes

The City is exempt from Federal Excise and Sales taxes. Tax exemption number: State #85- 8012621708C-8.

7.8. Mistakes

Respondents are expected to examine the specifications, delivery schedule, prices, extensions, and all other instructions provided herein. Failure to do so will be at the Respondent’s risk. The City is not obligated to give successful Respondents extra payments for conditions that can be determined by examining the site and documents. In case of a mistake in the extended price, the unit price will govern and the Respondent’s total offer will be corrected accordingly.

7.9. Minor Informalities or Irregularities in Bids

A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is immaterial when the effect on price, quantity, or delivery is negligible when contrasted with the total cost or scope of the acquired supplies or services. The procurement officer either shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive the deficiency, whichever is to the advantage of the City. Examples of minor informalities or irregularities include the failure of a bidder to

A. Furnish required information concerning the number of its employees;

B. Sign its bid, but only if-

1. The undersigned bid is accompanied by other material indicating the bidder's intention to be bound by the unsigned bid (such as the submission of a bid guarantee or a letter signed by the bidder, with the bid referring to and clearly identifying the bid itself); or

2. The firm submitting a bid has formally adopted or authorized, before the date set for opening of bids, the execution of documents by typewritten, printed, or stamped signature and submits evidence of such authorization and the bid carries such a signature;

C. Acknowledge receipt of an amendment to an invitation for bids, but only if-

1. The bid received clearly indicates that the bidder received the amendment, such as where the amendment added another item to the invitation and the bidder submitted a bid on the item; or

2. The amendment involves only a matter of form or has either no effect or merely a negligible effect on the price, quantity, quality, or delivery of the item bid upon.

7.10. Contract Award

The City reserves the right to make award(s) by individual item, aggregate, or none, or a combination thereof; with one or more suppliers; to cancel the formal solicitation; reject any or all proposals; or waive any minor informalities or technicalities in proposals received, as may be deemed in the best interest of the City in the City’s sole discretion; and reserves the right to award the contract to the most responsive, responsible Respondent who submits a proposal meeting specifications in a way deemed most advantageous and of best value to the City in the City’s sole discretion.

The City further reserves the right to consider matters such as, but not limited to, the quality offered delivery terms, and service reputation of the vendor in determining the most advantageous proposal.

The City reserves the right to make an award to more than one Respondent. The City reserves the right to demand additional information or clarification with respect to any proposal or submission from one or more Respondents. Such request shall be furnished to all Respondents. Failure to respond or to provide adequate information in response shall be grounds for disqualification at the sole discretion of the City. Information received upon such request for additional information or clarification may be relied upon by the City in determining the most advantageous proposal for purposes of making an award.

7.11. Proposal or Contract Terms at Variance with This Document and the RFQ or Specifications

This formal solicitation expressly limits acceptance of the terms of this document. If the Respondent submits a proposal that contains additional terms and conditions, then, at the option of the City, it may award the contract to such proposal but without the contractual terms that were included in the RFQ and which are inconsistent with or different from the language in this invitation, and the specifications and this document so long as the proposal is otherwise responsive to this document and the specifications with the inconsistent language stricken.

The Respondent hereby agrees that by making a submission based upon this RFQ, any term or condition inconsistent with this document or the specifications shall be null, void, and stricken by the City. Without limitation, the following contract terms and provisions shall be deemed inconsistent and will be stricken:

A. Any provision that changes the venue for any type of dispute resolution to a location outside of Orange County, Florida.

B. Any provision that applies the law of any jurisdiction other than the law of Florida.

C. Any provision that provides for a dispute resolution method other than resolution in the court of appropriate jurisdiction and venue (although non-binding mediation in Orange County, Florida using a mutually agreed mediator will not be deemed inconsistent). Dispute resolution through arbitration or through any other tribunal court of appropriate jurisdiction and venue (in Orange County, Florida).

D. Any provision that provides for attorneys fees to the prevailing party in any litigation between or among the parties is inconsistent and shall be stricken.

E. Any provision that limits the remedies and warranties available to the City under applicable provisions of Florida law shall be inconsistent and stricken. Although the Uniform Commercial Code and Florida law will allow for the limitation of warranties and remedies, such limitations are also inconsistent with the intent of this formal solicitation and will be stricken from the contract if awarded. It is the intent of the parties that the City shall reserve all of its rights of warranty and remedies available to the fullest extent under Florida law, without limitation.

F. Any provision that alters the risk of loss and/or FOB point of responsibility with respect to goods in transit that are inconsistent with the provisions of this document or the bid specification shall be inconsistent and stricken.

G. Any provision that provides for the City to hold harmless and indemnify another party shall be inconsistent with this formal solicitation and stricken.

H. Any provision that, to any extent waives, alters or modifies, or purports to do so, the sovereign immunity rights of the City shall be deemed to be inconsistent with this formal solicitation and shall be stricken.

I. Any bid that purports to establish a lien or security interest in any property sold by the vendor or any other property of the City shall be deemed unlawful and inconsistent with this formal solicitation and stricken.

J. Any term that is proposed that would alter the rate of interest and terms for payment in a manner inconsistent with this formal solicitation shall be deemed to be stricken although to the extent the Florida Prompt Payment Act applies, that statute shall govern, with the City reserving all rights under such Act.

K. Any provision that purports to establish liability against the City for any indirect, incidental, special, or consequential damages, including but not limited to delay damages.

7.12. Modifications & Withdrawals

Proposals may be modified at any time prior to the bid open date and time. To change a proposal, login to your vendor account: https://procurement.opengov.com/login, and go to your submitted proposal. Select “Unsubmit Proposal”, make the required changes, and submit the proposal again.

Proposals may be withdrawn any time before the bid open date and time. To withdraw a bid, log in to your vendor account: https://procurement.opengov.com/login, and go to your submitted proposal. Select “Unsubmit Proposal.

HOWEVER – NO PROPOSAL MAY BE WITHDRAWN OR MODIFIED AFTER THE PUBLIC OPENING and shall constitute an irrevocable offer for a period of ninety (90) days to provide to the City the services set forth in this formal solicitation or until one or more of the proposals have been awarded.

https://procurement.opengov.com/login https://procurement.opengov.com/login

If an RFP or RFQ procurement, including but not limited to procurement under CCNA (s. 287.055), the City may negotiate a contract or purchase that deviates from the proposal submitted in the interest of the City.

7.13. Disqualifications

The City of Winter Park reserves the right to disqualify proposals, before or after opening, upon evidence of collusion with intent to defraud or other illegal practice upon the part of the Respondent. Respondent also warrants that no one was paid or promised a fee, commission, gift, or any other consideration contingent upon receipt of an award for the services or product(s) and/or supplies specified herein. See Non-Collusion Statement in Vendor Questionnaire.

7.14. Proposal Costs

Costs related to preparing a response to this formal solicitation are solely those of the Respondent, and the City assumes no responsibility for any such costs incurred by the Respondent.

7.15. Protests & Procurement Policy

If a protest is filed, it shall be in accordance with the procedures outlined for bid protests in the City’s Procurement Policy. The Procurement Policy is incorporated herein by reference and is available online at the City of Winter Park Procurement Division website.

In the event of any inconsistency or ambiguity between the terms of the Procurement Policy & Procedures Manual as compared with the terms of this document and the specifications at issue, the terms of this document and the specification at issue shall govern and control.

If a Respondent prevails in a protest action, the City of Winter Park’s liability shall be limited to reimbursement of the actual bid costs (as defined in the section above entitled “Proposal Costs”) proven to have been incurred and paid by the Respondent. No other damages, including but not limited to damages for lost profits, lost business opportunity and/or compensatory or consequential damages of any type or special damages of any type shall be due to or recovered by the prevailing vendor in a bid protest, even if the contract is awarded by the City to another Respondent if the bid protester has failed to obtain an injunction against making such award.

Any party responding to a formal solicitation issued by the City that contends that another Respondent is disqualified from bidding for any reason, including the allegation that the other entity is not legally qualified to respond or lacks appropriate visa or citizenship status, may also raise such issue through the means of a protest, and the bid protest shall be handled in the manner specified herein and in accordance with the terms of the Procurement Policy and Florida law applicable to municipal protests.

With respect to any assertion that another Respondent is not legally constituted or lacks proper citizenship or visa status, the protesting party shall offer proof of such fact prior to the award of the contract, and such proof shall be subject to the requirements of admissible evidence under Florida law as determined by the City Attorney during the course of the protest proceedings.

https://cityofwinterpark.org/departments/administration/procurement/

7.16. Agreement

The resulting Agreement or Contract, which shall include these General and Special Conditions, as well as all Amendments or Addenda issued by the City, contains all the terms and conditions agreed upon by all parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement/Contract shall be deemed to exist or to bind either party hereto. All proposed changes must be submitted to the City in writing and approved by the City Manager, Assistant City Manager and/or City Commission in writing prior to taking effect.

7.17. Public Entity Crimes

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 bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or Respondent under a contract with any public entity, and may not transact business with any…