RFQ-25-PW-001_Engineering_Services_CCNA_V3.pdf

REQUEST FOR QUALIFICATIONS

The City of Umatilla will receive sealed competitive responses for RFQ-25-PW-001 ENGINEERING CONSULTANT until no later than 2:00 p.m., October 24, 2025.

Documents and Specifications are available to download from the City of Umatilla website http://www.umatillafl.org/Pages/UmatillaFL_Bids/ . Questions regarding the RFQ requirements or process can be directed in writing to City Manager Aaron Mercer at amercer@umatillafl.org and Jessica Burnham, City Clerk at jburnham@umatillafl.org

CITY OF UMATILLA

1 S CENTRAL AVENUE

PO BOX 2286

UMATILLA FL 32784

http://www.umatillafl.org/Pages/UmatillaFL_Bids/ mailto:sblankenship@umatillafl.org mailto:khoward@umatillafl.org

CITY OF UMATILLA, FLORIDA

REQUEST FOR QUALIFICATIONS (RFQ)

PROFESSIONAL GENERAL ENGINEERING

CONSULTING SERVICES

RFQ-25-PW-001

PREPARED BY

AARON MERCER, CITY MANAGER

RFQ-25-PW-001 CITY OF UMATILLA ENGINEERING SERVICES

PROFESSIONAL GENERAL ENGINEERING CONSULTING SERVICES

RFQ-25-PW-001

TABLE OF CONTENTS

SECTION PAGE NO.

General ______________________________________________________________________ 3

Scope of Services_______________________________________________________________6

Insurance____________________________________________________________________7-8

Special Terms_________________________________________________________________ 9

Instructions_________________________________________________________________10-11

Selection Process____________________________________________________________12-14

Public Records Compliance___________________________________________________ 15-16

Exhibit A: Public Entity Crimes________________________________________________17-19

Exhibit B: Drug-Free Workplace Statement_______________________________________20-21

Exhibit C: E-Verify Statement____________________________________________________ 22

Exhibit D: NonCollusion Affidavit of Prime Bidder ________________________________23-24

Exhibit E: Equal Opportunity Statement ________________________________________ 25-26

Exhibit F: Certification Regarding Debarment, etc.___________________________________27

Exhibit G: Conflict/Non-Conflict of Interest Statement______________________________28-29

Exhibit H: Consultant Certification________________________________________________ 30

Exhibit I: Contact Sheet_________________________________________________________ 31

Exhibit J: Disputes Disclosure Form_______________________________________________32

Exhibit K: Proposer Acknowledge and Agreements__________________________________ 33

CITY OF UMATILLA, FLORIDA

REQUEST FOR

QUALIFICATIONS (RFQ)

PROFESSIONAL GENERAL ENGINEERING

CONSULTING SERVICES

RFQ-25-PW-001

I. General The City of Umatilla, Florida, pursuant to the “Consultant's Competitive Negotiations Act" (CCNA) Section 287.055, Florida Statues, hereby requests statements of qualifications and performance data from professional general engineers (hereinafter "Consultant"), that are duly licensed and registered to practice in the State of Florida, The Consultant(s) selected by the City to perform these Professional General Engineering

Consulting Services will be awarded a contract for TWO (2) years at the City’s discretion, subject to termination at the sole discretion of the City in accordance with contract provisions.

The selected Consultant(s) will scope, negotiate, and enter into individual agreements for services with the City on a project-by-project basis during the term of the contract. Projects for which selection of consultant(s) may be made will be limited to projects planned/scheduled for the upcoming one year period. In order to be considered, the firm must have provided professional general engineering services of simple to complex projects.

The City of Umatilla reserves the right to select more than one firm to perform continuing consulting engineering services, or to re-advertise if deemed to be in the City’s best interest.

Services may include the performance of all preliminary, design, bidding and negotiation, and construction phase related services for general civil development and reconstruction projects, including, but not limited to, surveying, subsurface explorations, geotechnical analysis, civil, structural, environmental, mechanical, electrical, landscaping, architectural, planning, bidding and construction administration, resident inspection, technical studies, preparation of plans, specifications, construction contract documents, engineering design reports, cost estimating and scheduling, and all other services as may be requested by the City.

Aaron Mercer Cross-Out

Aaron Mercer Cross-Out

Aaron Mercer Cross-Out

Aaron Mercer Cross-Out

Consultants interested in responding may obtain an Invitation to Submit Proposals package (the "RFQ Package" from VendorLink at https://www.myvendorlink.com/ or Jessica Burnham, City Clerk, City of Umatilla, jburnham@umatillafl.org, P.O. Box 2286, 1 S.

Central Ave, Umatilla Florida 32784; or

Sealed submittals for the RFQ will be received by the City of Umatilla, City Clerk's Office, 1 S. Central Avenue, Umatilla, Florida, 32784, no later than 2:00 p.m., October 24, 2025, and subsequently opened in a meeting to be held in the City Hall. All interested firms shall submit one (1) original and four (4) copies of their submittal for this Request for

Qualifications. Submittals must be sealed and plainly marked, "RFQ-25-PW-001 PROFESSIONAL ENGINEERING SERVICES on the outside of the envelope and sent to:

via mail:

City of Umatilla

City Clerk’s Office

RFQ-25-PW-001

P.O. Box 2286

Umatilla, FL 32784

Only those firms submitting qualifications and experience which meet the requirements herein specified will be considered for the services contemplated, regardless of past contact with the City of Umatilla, Florida, and/or other agencies, departments, divisions or staff personnel. Submittals that do not comply with the instructions set forth herein may be considered improper and disqualified. This is not a request for a proposal.

Selection will be based upon professional qualifications, experience, and past performance.

Any submittal received after the above stated time and date will not be considered and will be returned unopened. It shall be the sole responsibility of the Firm to have its RFQ delivered to the City of Umatilla, by U.S. Mail, hand delivery, or any other method available to him/her; however, facsimile or electronic submittals will not be accepted.

Delay in delivery shall be the sole responsibility of the Firm.

The RFQ shall be accompanied by a "Minority Business Statement," therein provided on page. 15, and the following exhibits attached:

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F

Exhibit G

Exhibit H

Exhibit I

Exhibit J

Exhibit K

“Public Entity Crimes,”

“Drug-Free Workplace Statement,”

“E-Verify Statement,”

"Noncollusion Affidavit,"

"Equal Opportunity Report Statement,"

"Certification Regarding Debarment…Voluntary

Exclusion,"

"Conflict-Nonconflict of Interest Statement,"

"Consultant Certification,"

“Contact List,”

“Disputes Disclosure Form,”

“Proposer Acknowledgements and Agreements” via hand delivery or delivery service:

City of Umatilla

City Clerk’s Office

RFQ-25-PW-001

1 S. Central Avenue Umatilla, FL 32784

The RFQ must also be accompanied by a cover letter stating the name and role of the primary contractor and any subcontractors. It should be signed by officers of the primary and subcontractors with the authority to submit an RFQ from their respective firms.

A. Small Business Participation

The City of Umatilla strongly encourages small, minority and/or women owned firms or joint venture firms to submit proposals.

B. Laws, Ordinances, Rules, Regulations, Permits, and Licenses

The Firm shall observe and obey all the laws, ordinances, rules, regulations, and policies of the City of Umatilla and the federal and state governments which may be applicable to the

Firm’s operation and shall, at the sole cost of the Firm, obtain and maintain all permits and licenses necessary to comply with such requirements and standards.

C. Confidentiality

Firms are hereby notified that any part of the Request for Qualifications, or any other material marked as confidential, proprietary, or trade secret, can only be protected to the extent permitted by Chapter 119, Florida Statutes (Public Records Law).

D. Examination of Plans, Specifications and Site of Work

Firms are required, before submitting their RFQ, to visit the site of the proposed work and familiarize themselves with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment, materials and labor required. They are also required to carefully examine the plans and specifications and contract documents, and to inform themselves thoroughly regarding any and all conditions and requirements that may in any manner affect the work to be performed under the Contract.

Ignorance on the part of the Firm will in no way relieve them of the obligations and responsibilities assumed under the Contract.

E. Miscellaneous Provisions

The City of Umatilla shall not be responsible for any costs incurred in preparation of the

Request for Qualifications or other related activities.

The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all RFQs. The City also reserves the right to waive minor irregularities or variations to the specifications and in the RFQ process.

Any questions regarding this RFQ must be sent in writing and can be emailed to:

Aaron Mercer, City Manager, City of Umatilla at amercer@umatillafl.org and Jessica Burnham, City Clerk, at jburnham@umatillafl.org.

Responses will be communicated via email and addenda on VendorLink at http:// www.myvendorlink.com web page. It is the Firm’s responsibility to include all Addenda when submitting their RFQ. The deadline for questions is (two) 2 days before RFQ opening.

mailto:dmccrary@fbfl.org mailto:wgaskill@fbfl.org http://www.fbfl.us/bids

FIRMS SHALL SIGNIFY RECEIPT OF ADDENDA (IF ANY). Failure to Acknowledge

Receipt of Addendum may result in rejection of the bid.

Addendum # By (Name) Date Addendum # By (Name) Date

Firms are hereby put on notice that ALL questions are to be directed to the

City Manager. No contact shall be made with any elected officials, other City staff, or others that may be involved in the selection process to discuss this request or to influence the outcome of the selection.

All such materials shall remain the property of the City of Umatilla and will not be returned to the respondent.

II. INVITATION

The City of Umatilla hereby invites offers from licensed professional consultants in the field of engineering and consulting to provide professional general engineering consulting services for the City, in accordance with Florida Statutes

287.055.

III. SCOPE OF SERVICES

SCOPE OF WORK: Services are to be provided on various projects and assignments on an as needed basis. The City intends to retain one or more firms, pursuant to continuing contracts as defined in Section 287.055(2)(g), Florida Statutes, to be available to perform services, which may include engineering, architecture, electrical engineering, right-of-way and traffic engineering, construction engineering, civil engineering, environmental permitting and engineering, stormwater engineering and permitting, preparation of plans and specifications, construction management and administration. Also, possibly are included are projects such as, but not limited to: planning, design and/or construction supervision of water treatment plant expansion, wastewater, gravity collection system design, wastewater transmission system, water distribution system and pump stations.

Services will be required for assignments and projects including the acquisition, improvement, or operation of City lands, buildings, facilities, utilities, and roads.

Specific project and assignments will be periodically issued to the retained Consultant(s) by the City on an as needed basis. The selected firm shall demonstrate specific experience and capabilities and must have personnel qualified through education and experience in the specified disciplines.

The City will evaluate and rank all properly submitted Statements of Qualifications based on the firms’ competence, professional qualifications, experience, and ability to perform the required services.

The City will then negotiate a contract with the most qualified firm(s) at compensation which the City determines is fair, competitive, and reasonable. If the City and the most qualified firm cannot agree on compensation, the City will formally terminate negotiations and begin negotiations with the next most qualified firm, in accordance with § 287.055(5), Florida Statutes.

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IV. DEVELOPMENT COSTS

The City of Umatilla, or its representative, shall not be held liable for any expenses incurred in connection with the preparation of a response to this RFQ. The submittal shall be prepared economically, providing a straightforward and concise description of the respondent's ability to meet the requirements of the RFQ.

V. INQUIRIES

Interested parties having questions regarding this RFQ shall address their questions in writing to the following address:

City of Umatilla Attention: Aaron Mercer, City Manager at amercer@umatillafl.org and Jessica Burnham at jburnham@umatillafl.org

VI. DELAYS

The City of Umatilla reserves the right to delay or alter the schedule in the interest of the City of Umatilla.

VII. INSURANCE REQUIREMENTS (may vary based on project)

i. General

Before starting and until acceptance of the work by the City, the Contractor shall procure and maintain insurance of the types and to the limits specified below.

The contractor shall require each of his subcontractors to procure and maintain, until completion of that subcontractor's work, insurance of types and to the limits specified below. It shall be the responsibility of the contractor to ensure that all of his subcontractors comply with all of the insurance requirements contained herein relating to such subcontractors. The City reserves the right to request proof of subcontractor’s insurance from the contractor.

ii. Coverage

Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements:

a. Workers' Compensation

Worker's Compensation insurance must meet mandatory statutory limits for employers with three or more employees.

mailto:smorgan@fbfl.org

b. Commercial General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy filed by the Insurance Services Office and must include:

$1,000,000 per occurrence/$1,000,000 aggregate

Products and Completed Operations - Contractors shall maintain in force until at least three years after completion of all services required under the contract, coverage for products and completed operations, including Broad Form Property

Damage.

Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement.

c. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: -$1,000,000 /combined single limit bodily injury and property damage per occurrence/policy aggregate.

d. Umbrella - $1,000,000 per occurrence. Otherwise, $2,000,000 per occurrence, if the contract exceeds 180 days or $300,000.

e. Professional Liability - $2,000,000 per claim/$2,000,000 aggregate liability.

SERVICE PROVIDER shall maintain in force, during the duration of this

AGREEMENT and acceptance by CITY of the work performed by SERVICE

PROVIDER, professional liability insurance providing coverage for all claims arising out of SERVICE PROVIDER's performance of the professional services under this

AGREEMENT.

f. Certificates of Insurance - Certificates of all insurance required from the contractor shall be filed with the City and shall be subject to its approval for adequacy and protection.

Certificates from the insurance carrier, stating the types of coverage provided, limits of liability and expiration dates, shall be filed with the City before operations are commenced.

The City of Umatilla shall be identified as an additional insured for general and automobile liability coverages required above. A copy of the additional insured endorsement must be attached and contain language no less restrictive than ISO Form CG

20 10 07 04 13 or ISO Form CG 20 33 07 04 13. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this contract and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this contract. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration.

g. Notice of Cancellation and/or Restriction - Each policy must be endorsed to provide the city with a minimum of thirty (30) days notice of cancellation and/or restriction, ten (10) days notification for non-payment.

VII. SPECIAL TERMS AND CONDITIONS

i. Procedures

The extent and character of the services to be performed by the

Consultant(s) shall be subject to the general control and approval of the

Umatilla City Manager as directed by the Umatilla City Council. The

Consultant(s) shall not comply with requests and/or orders issued by other than the City Manager or authorized representative acting within their authority for the City.

ii. Period of Performance

The contract shall be effective upon contract execution and within such time frames as may be set forth therein. The selected Consultant(s) must be able to begin work immediately after execution of contract.

iii. Termination

Subject to the provisions below, the contract may be terminated by either party upon thirty (30) days advance written notice to the other party, but if any work or services hereunder are in progress and not complete on the date of termination, then this contract may be extended upon written approval by the

City until said work or services are completed and accepted.

a. Termination for Convenience. In the event that this contract is terminated upon request, and for the convenience of the City, without the required thirty (30) days advance written notice, then the City shall negotiate reasonable termination cost, of applicable.

b. Termination for Cause. Termination by the City for cause, default or negligence on the part of the Consultant shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty

(30) days advance notice requirement is waived in the event of termination for cause.

VIII. INCONSISTENCIES IN CONDITIONS

In the event there are inconsistencies between the General Contract Terms and

Conditions and the Special Contract Terms and Conditions, and other schedules contained therein, the latter shall take precedence.

IX. INVOICING AND PAYMENT

Except as may otherwise be provided by the contract to be executed by the City and the

Consultant(s) to which the contract for this work is awarded, the following invoicing and payment conditions shall apply:

(a) Consultant(s) shall submit an electronic invoice for each payment requested;

such invoices shall include a detailed breakdown of all charges.

(b) Submittals for projects which are funded through various State Agencies, e.g., Florida Commerce and Florida Department of Environmental Protection (FDEP) shall include all paperwork required by the agency/agencies for reimbursement submittals by the City of Umatilla.

(c) Invoices shall include actual hours of performance by the Consultant’s employees working on the project, the percentage of the project completed, and shall include progress reports.

(d) The City will pay all such invoices in accordance with the Florida Prompt

Payment Act.

X. INSTRUCTIONS FOR SUBMITTING QUALIFICATIONS

i. Submittal Content and Format

Each submittal of Qualifications must be indexed and tabbed as indicated and shall include, but is not limited to, the following:

Tab #1: Cover Letter

Tab #2: Evidence of current license and registration to perform the specified services in the State of Florida.

Tab #3: Location of office where work will be performed and identification of the

Consultant’s intended project manager/professional contact person and primary liaison with the City.

Tab #4: Credentials, including resumes or curriculum vitae, of staff members

(project team) who would be assigned to perform the specified services for the City.

Tab #5: List of all sub consultants to be utilized.

Tab #6: Demonstration/summary of Consultant’s workload/performance capability to meet budget and time requirements for the proposed project and ability to respond to and perform the work as and when requested by the City.

Tab #7: Demonstration/summary of cost control performances on previous projects.

Tab #8: Evidence of general liability insurance, professional liability insurance including errors and omissions coverage, and workers’ compensation insurance.

Tab #9: Provide examples of successfully completed projects similar in nature to those shown of a City of similar size.

Tab #10: Client references including names, titles, addresses and telephone numbers

(maximum of 6).

Tab #11: Statement of Consultant’s commitment/ability to consistently use the same personnel throughout the project.

Tab #12: Documentation/summary of experience with regulatory/permitting agencies.

ii. Submittal of the Proposal

a) Each Proposal submitted shall be signed by the individual Consultant or the authorized principals of the Consultant firm if other than an individual.

b) Each proposal shall clearly identify which area of discipline listed in the Scope of Services and projects listed in Attachment A, the Consultant is qualified to perform.

c) All attachments to the Request for Statements of Qualifications and

Performance Data requiring execution by the Consultant must be executed and returned with the submitted Statements of Qualifications and Performance Data.

d) Sealed submittal of Qualifications will be received by the City Clerk’s Office until 2:00 p.m., October 24, 2025, and subsequently opened in a meeting to be held in City of Umatilla at 1 S. Central Avenue, Umatilla, Florida, 32784. All interested firms and individuals shall submit:

One (1) original and two (2) copies of their submittal of qualifications;

Submittal page limit of not more than twenty-five (25) pages, single-sided, on 8 ½” x 11" paper, which does not include cover or tabs.

Submittals which must be in a sealed envelope or other cover that must be plainly marked with “RFQ-25-PW-001 PROFESSIONAL

ENGINEERING SERVICES” and shall also state the specific professional discipline for which the Request for Qualifications is published.

Materials may be submitted utilizing the following methods:

e) Only those Consultants submitting qualifications that meet the requirements specified will be considered for rendering the services contemplated, regardless of past contact or relations with the City.

f) Submittals that do not comply with the instructions set forth herein may be considered improper and disqualified at the City’s option.

g) The submittal of qualifications in response to this RFQ may be withdrawn by notifying the City Clerk's Office, either by written notice, or in person, at any time prior to the above stated Request for Qualifications submittal deadline.

XI. SELECTION PROCESS

In order to be considered, the firm must have provided professional general engineering services of simple to complex projects at public airport facilities and must have demonstrated familiarity with Federal and State regulations.

Factors to be evaluated in selections of professional service providers include, but are not limited to, the capabilities, adequacy of personnel, past record, experience of the firm or individual; whether a firm is a certified minority business enterprise; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms and other factors as specified herein, and as may be determined by the City to be applicable to their particular requirements.

i. Method of Selection

The City Council shall select a Consultant Selection Review Committee at a regular City Council meeting, the responsibility of which shall be as follows:

a) Committee members shall independently evaluate each submittal.

b) Committee members shall independently rank each Consultant meeting minimum qualifications in order of preference.

c) The Committee shall develop a combined ranking order of all Consultants meeting minimum qualifications.

via mail:

City of Umatilla

City Clerk’s Office

RFQ-25-PW-001

P.O. Box 2286

Umatilla, FL 32784 via hand delivery or delivery service:

City of Umatilla

City Clerk’s Office

RFQ-25-PW-001

1 S. Central Avenue Umatilla, FL 32784

d) The Committee shall develop a ranking of qualified Consultants.

e) The Committee may interview, further evaluate Consultants, and rank those

Consultants interviewed. The Committee reserves the right to select Consultants from the proposals.

f) The Committee shall forward its recommendations in accordance with the ranking to the City Council, which may, at their sole option, authorize negotiation of a contract to one or more Consultants pursuant to the requirements of Florida law.

g) The City Council possesses sole authority to award contract(s) for the services sought herein.

15pts

15 pts

15 pts

ii. Evaluation Criteria General Qualifications

Qualifications of Project Manager

Staff Availability

Familiarity with Umatilla Municipal Airport

Project Approach – demonstrates understanding of project requirements and proposes method to accomplish the work meeting or exceeding criteria listed in the RFQ.

References and Demonstrated Government Experience 15 pts

iii. Contract Negotiations

After the City Council has approved ranking of the Consultant, City staff will negotiate the language with the first ranked Consultant. If staff is unable to negotiate a satisfactory contract with the first ranked Consultant, City staff will terminate negotiations with the first ranked Consultant and undertake negotiations with the second ranked Consultant and so forth until a satisfactory contract is reached. The City maintains the right to select more than one Consultant.

XII. ACCEPTANCE OF CONTRACT

Upon successful negotiation of a Contract with a consultant, the contents of the consultant’s proposed scope of work shall become a legal obligation. Failure of a consultant to accept this obligation will result in cancellation of any award.

XIII. PUBLIC ENTITY CRIMES

A person or affiliate who has been placed on the convicted vendor list following a

20 pts

20 pts conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.133 for a period of 36 months following the date of being placed on the convicted vendor list. See Exhibit A.

XV. CONFLICT OF INTEREST

No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts, the language set forth in this paragraph prohibiting conflict of interest. See Exhibit G.

XVI. PROHIBITION AGAINST CONTINGENT FEES

The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) 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 architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement.

XVII. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY)

In accordance with State of Florida, Office of the Governor, Executive Order 11-116

(superseding Executive Order 11-02; Verification of Employment Status), in the event performance of this Agreement is or will be funded using state or federal funds, the

ENGINEER must comply with the Employment Eligibility Verification Program (“E-

Verify Program”) developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. If applicable, in accordance with Subpart 22.18 of the

Federal Acquisition Register, the ENGINEER must (1) enroll in the E-Verify

Program, (2) use E-Verify to verify the employment eligibility of all new hires working in the United States, except if the ENGINEER is a state or local government, the ENGINEER may choose to verify only new hires assigned to the Agreement; (3) use E-Verify to verify the employment eligibility of all employees assigned to the Agreement; and (4) include these requirements in certain subcontracts, such as design and permitting. Information on registration for and use of the E-Verify Program can be obtained via the internet at the Department of Homeland Security Web site: http:// www.dhs.gov/E-Verify. See attached Exhibit C.

XVII. CHOICE OF LAW; VENUE

The validity, interpretation, and enforcement of this Agreement shall be governed by the laws of Florida without regard to conflict of law applications. Lake County, Florida, shall be the proper venue for any litigation involving this Agreement. Any legal proceedings of any nature brought by either Party to enforce any right or obligation arising out of this Agreement shall be submitted to trial without jury before any court of competent jurisdiction in Lake County, Florida. The Parties consent and submit to the jurisdiction of any such court in Lake County, Florida, and agree to accept service of process outside the state of Florida in any matter submitted to any court pursuant hereto.

XVIII. MINORITY BUSINESS STATEMENT

Is your firm a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act of 1985? YES or NO

XX. PUBLIC RECORDS COMPLIANCE

Engineer’s responsibility for compliance with Chapter 119, Florida Statutes. Pursuant to Section 119.0701, F.S., Engineer agrees to comply with all public record laws, specifically to:

i. Keep and maintain public records required by the CITY to perform the service.

ii. The timeframe and classification for records retention requirements must be in accordance with the General Records Schedule GS1-SL for State and Local

Government Agencies. (See http://dos.myflorida.com/library-archives/records-management/general- records-schedules)

iii. Records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business with the

City. ENGINEERING records under this Agreement include but are not limited to, supplier/sub engineer invoices and contracts, project documents, meeting notes, emails and all other documentation generated during this Agreement.

http://www.dhs.gov/E-Verify http://www.dhs.gov/E-Verify http://dos.myflorida.com/library-archives/records-management/general-records-schedules http://dos.myflorida.com/library-archives/records-management/general-records-schedules http://dos.myflorida.com/library-archives/records-management/general-records-schedules

iv. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for by law. If an ENGINEER does not comply with the CITY’s request for records, CITY shall enforce the provisions in accordance with the contract.

v. Ensure that project records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to CITY.

vi. Upon completion of the contract, transfer, at no cost, to the CITY all public records in possession of the ENGINEER or keep and maintain public records required by the

CITY to perform the service. If the ENGINEER transfers all public records to the

CITY upon completion of the contract, the ENGINEER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the ENGINEER keeps and maintains public records upon the completion of the contract, the ENGINEER shall meet all applicable requirements for retaining public records. All records kept electronically must be provided to the

CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF ENGINEER

HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,

FLORIDA STATUTES (Public Records Law), IT IS THE ENGINEER'S

DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS

CONTRACT, CONTACT THE CITY OF UMATILLA CLERKS OFFICE

AT (352)669-3125.

vii. An ENGINEER who fails to provide the public records to the CITY within a reasonable time may also be subject to penalties under Section 119.10, Florida

Statutes. Upon award recommendation or thirty (30) days after opening, whichever occurs first, proposals become “public records” and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the RFP, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary with reference to the specific statutory exemption. Document files may be examined, during normal working hours.

EXHIBIT A

CITY OF UMATILLA, FLORIDA 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 NOTARY

PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted to the CITY OF UMATILLA, FLORIDA with Bid, Proposal or Contract for:_______________________________________________.

2. This sworn statement is submitted by (entity)_______________________________ whose business address is:_____________________________________________

3. My name is _______________________________ and my relationship to the entity named above is __________________________________.

4. I understand that a “public entity crime” as defined in Paragraph 287.133(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 bid or contract 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.

5. I 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 contendere.

6. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida

Statutes, means:

1. A predecessor or successor of a person of a public entity crime; or

2. 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”

EXHIBIT A continued 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 into a joint venture with a person who has been convicted of a public entity crime Florida during the preceding 36 months shall be considered an affiliate.

7. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida

Statutes, means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or supplies to transact business with a public entity. The term “person” includes those officers, directors, executives, and partners. Shareholders, employees, members, and agents who are active in management of an entity.

8. Based on information and brief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Indicate which statement applies).

□ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are 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.

□ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are 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. (Please attach a copy of the final order.)

□ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of

Administrative Hearings. The final order entered by the hearing officer determined that is was in public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.)

□ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by, or pending with, the Department of General Services.)

Signature

STATE OF ______________________

COUNTY OF ____________________

Sworn to and subscribed before me this _________ day_________________, 20___.

□Personally known □ Produced identification ______________________________

Notary Public

My Commission expires:__________________

EXHIBIT B

DRUG-FREE WORKPLACE CERTIFICATION

COMPLIANCE FORM IDENTICAL TIE BIDS

Preference shall be given to business with drug-free workplace programs. Whenever two or more Bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or Contractual services, a Bid received from a business that certifies that it has implemented a drug-free work place program shall be given preference in the award process.

Established procedures for processing tie Bids will be followed if none of the tied vendors has a drug-free Workplace program. In order to have a drug-free workplace program, a business shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or Contractual services that are under Bid a copy of the statement specified in Subsection 1.

4. In the statement specified in Subsection 1, notify the employees that, as a condition of working on the commodities or Contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or please of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any State for a 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 a drug abuse assistance or rehabilitation program if such is available in the employer’s community by, any employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

EXHIBIT B continued

SIGNATURE:______________________________________________________

TITLE:____________________________________________________________

NAME OF FIRM:____________________________________________________

DATE:_________________________________________

EXHIBIT C

E-VERIFY STATEMENT

Bid/Proposal Number:_________________________________________________

Project Description:___________________________________________________

Vendor/Consultant acknowledges and agrees to the following:

Vendor/Consultant shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of:

1. All persons employed by the Vendor/Consultant during the term of the Contract to perform employment duties within Florida; and

2. All persons, including subcontractors, assigned by the Vendor/Consultant to perform work pursuant to the contract with the Department.

Company/Firm:______________________________________________________

Authorized Signature:_________________________________________________

Title:______________________________________________________________

Date:_________________________________________

EXHIBIT D

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

State of ______________________}

County of_____________________}

_____________________________, being first duly sworn, disposes and says that:

1. They are __________________________ of ______________________________, (Title) Name of Company the Bidder that has submitted the attached bid:

2. He/She is fully informed respecting the preparation and contents of the attached bid and all pertinent circumstances respecting such Bid;

3. Such Bid is genuine and is not a collusive or sham Bid;

4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham Bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City/County or any person interested in the proposed Contract;

and

5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Signed)____________________________________

(Title)______________________________________

EXHIBIT D CONTINUED

STATE OF ______________________

COUNTY OF ____________________

Sworn to and subscribed before me this _________ day_________________, 20___.

□Personally known □ Produced identification ______________________________

Notary Public

My Commission expires:__________________

EXHIBIT E

EQUAL OPPORTUNITY REPORT STATEMENT

The Bidder (Proposer) shall complete the following statement by signing this form where indicated. Failure to complete this form may be grounds for rejection of bid:

The Contractor shall comply with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as amended) prohibiting employment discrimination and shall comply with the regulations and guidelines promulgated pursuant to this Act by the Secretary of the Interior and the Heritage Conservation and Recreation Service.

During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

1) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

2) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.

3) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Umatilla or other local, state or federal government agency to be pertinent to ascertain compliance with such Regulations, orders and instructions.

Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the City of Umatilla or other local, state or federal government agency as appropriate, and shall set forth what efforts it has made to obtain the information.

EXHIBIT E – CONTINUED

4) Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the City of Umatilla or other local, state or federal government agency may determine to be appropriate, including, but not limited to:

a) withholding of payments to the Contractor under the contract until the Contractor complies, and/or

b) cancellation, termination or suspension of the contract, in whole or in part.

5) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the City of Umatilla or other local, state or federal government agency may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the City of Umatilla to enter into such litigation to protect the interests of the City of Umatilla.

Handwritten Signature of Authorized Principals(s):

NAME (print):_________________________________________________________

SIGNATURE:_________________________________________________________

TITLE:_______________________________________________________________

NAME OF FIRM:_______________________________________________________

EXHIBIT F

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION – PRIMARY COAVERED TRANSACTIONS

Umatilla or other local, state or federal government agency as…