RFQ_Q-25-03-COC_Design_Pineda_WM_Phase_2.pdf

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Attached to
Engineering Services for the Pineda Causeway Phase 2 Water Main Installation
Solicitation number
Q-25-03-COC
Issued by
Brevard County, Clewiston City, Florida

About this file

The document is a Request for Qualifications (RFQ) Q-25-03-COC issued by the City of Cocoa, Florida, seeking engineering services for the Pineda Causeway Phase 2 Water Main Installation Project. The RFQ solicits qualified engineering firms to provide design and design services during construction for extending a 16-inch water main approximately 28,500 feet, starting on Pineda Causeway (S.R. 404) and connecting to Patrick Space Force Base. Proposals were due on January 10, 2025, at 3:00 PM, with a potential project award by February 11, 2025, and contract execution by February 28, 2025. The contract will continue until 60 days after final project completion, with the City reserving the right to award task orders on a task-by-task basis.

The project is funded by two grants: $1,200,000 from the U.S. Department of Defense and $135,000 from the Florida Department of Commerce, totaling $1,335,000 for design services. The selected engineering firm must complete construction plans by May 15, 2026, and acquire all permits by September 15, 2026. The evaluation process utilized a 100-point scoring system considering firm qualifications, project team experience, past performance, project approach, firm location, and minority business enterprise status. While no explicit set-aside designations were mentioned, the RFQ indicates consideration for minority business enterprise status in the evaluation process. The project aims to enhance potable water utility resiliency, create a water main loop around the southeastern end of the water service territory, and provide critical infrastructure support to Patrick Space Force Base.

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REQUEST FOR QUALIFICATIONS (RFQ)

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BID NO. Q-25-03-COC

Published Friday, November 22, 2024

CITY OF COCOA

REQUEST FOR QUALIFICATIONS

Q-25-03-COC

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1. INTRODUCTION

2. STANDARD TERMS & CONDITIONS

3. SPECIAL CONDITIONS

4. STANDARD INSURANCE REQUIREMENTS

5. GENERAL INFORMATION

6. PROJECT DESCRIPTION

7. SCOPE OF SERVICES

8. RFQ SUBMITTAL DOCUMENTS

9. RFQ TIMELINE

10. PRESENTATIONS

11. EVALUATION PROCEDURE AND CRITERIA

12. OTHER APPLICABLE MANDATORY CRITERIA

RFQ SUBMITTAL ACKNOWLEGDEMENT

BUSINESS REFERENCE LIST

AFFIDAVIT OF LOCATION OF PROJECT MANAGER AND PROJECT ENGINEER

AFFIDAVIT OF EXISTING AND PRIOR CONTRACTS WITH THE CITY OF COCOA 49

AFFIDAVIT OF OTHER APPLICABLE MANDATORY CRITERIA

Scrutinized Company Certification Drug-Free Workplace Certification Certification Regarding Debarment, Suspension, and Other Responsibility Matters Non-Collusion/Lobbying Certification Organizational Information E-Verify Contractor Affidavit

FEMA RIDER

Flow down of Terms and Conditions from the Federal Regulations and/or Grant Agreement 73

EXHIBIT “A” – OLDCC GRANT AGREEMENT

EXHIBIT “B” – FLORIDA DEPT. OF COMMERCE GRANT AGREEMENT

1. INTRODUCTION

The City of Cocoa (hereinafter referred to as “City”) is requesting Statements of Qualifications from qualified engineering firms in the state of Florida to provide the City with assistance regarding the anticipated design, permitting, procurement assistance, and services during construction of the Pineda Causeway Phase 2 Water Main Installation Project (Project). The City’s objective is to select one engineering firm (also referred to herein as “Consultant”) to serve as the engineering firm that will be required to assist the City in design, permitting, services during construction, and any other engineering related services for the Project.

The City anticipates that the design for this project will be substantially funded by two separate grants. One issued by the US Department of Defense for $1,200,000 and the other issued by the Florida Department of Commerce for $135,000 both attached herein as Exhibit A and Exhibit B respectively. The selected proposer is expected to be able to fully comply with the terms of the grant agreements and must provide support to the City when communicating with the granting agencies.

The City reserves the right, at its sole discretion, to select among the Respondents of this RFQ, or through other solicitation procedures, other engineering/consulting firms to handle identified professional services associated with the Project if the City deems it in the City’s best interests to do so. This solicitation shall be part of the Consultants Competitive Negotiation Act (CCNA) process as mandated in F.S.287.055 and the City of Cocoa Purchasing Policy.

RFQ DUE DATE & TIME: Friday, January 10, 2025. Qualifications packages shall be mailed or hand-delivered to the Office of the Purchasing Manager, located at 65 Stone St., Cocoa, Florida 32922. Packages are to be received NO LATER THAN 3:00 P.M. Packages received after the specified time and date will not be accepted. The City will not be responsible for mail delays, late or incorrect deliveries. The clock located at the reception desk in the lobby of Cocoa City Hall will be the official authority for determining the time that packages are received and for determining late responses.

No Pre-proposal meeting will be held for this project.

All RFQ information and required attachments must be executed and submitted in a sealed envelope or package. Respondent shall mark response envelope: RFQ No. Q-25-03-COC

ENGINEERING SERVICES FOR THE PINEDA CAUSEWAY PHASE 2 WATER MAIN

INSTALLATION PROJECT. Respondent’s name and return address must be clearly identified on the outside of the envelope.

The submission will be comprised of the Response Cover Page followed by the required documents in Sections I-VIII. Submittal requirements are further detailed in part 8 of this RFQ. Each section will be separated using divider tabs and bound. Three (3) additional paper copies are to be provided along with a USB drive containing a complete electronic copy of the submittal in pdf format must also be included.

These documents constitute the complete set of terms and conditions, specification requirements, and forms. Any additional information should be attached to this format or the respondent may be disqualified.

Responses submitted by facsimile or electronically will NOT be accepted. Responses which do not comply with these requirements may be rejected at the option of the City. It is the respondent’s responsibility to ensure that all submittals are in accordance with all addendums issued, if any.

Failure of any respondent to receive any such addendum or interpretation shall not relieve such respondent from its terms and requirements. The RFQ and any Addenda are available online using the Vendorlink bidding platform at https://www.myvendorlink.com/. Users will be required to sign up for a free account in order to access the solicitation material.

Responses not submitted in the format set forth herein shall be rejected unless otherwise explained in the response documents.

For information concerning procedure for responding to this Request for Qualifications (RFQ), contact Brian Dale, Purchasing Manager, Purchasing & Contracts Division at (321) 433-8833 or purchasing@cocoafl.gov. Such contact is to be for clarification purposes only. Material changes, if any, to the scope of services or respondent procedures will only be transmitted by written addendum.

All questions about the meaning or intent of the RFQ Documents shall be submitted in writing and directed to the City of Cocoa, 65 Stone St., Cocoa FL 32922, Attention: Brian Dale, Purchasing Manager, Purchasing & Contracts Division. Questions may also be sent via e-mail to purchasing@cocoafl.gov. Only questions answered by formal written addenda will be binding.

Oral and other interpretations or clarifications will be without legal effect and may not be relied upon by respondent in submitting their response. The deadline for questions is Monday, December 16, 2024 at 5:00pm.

ANTI-LOBBYING PROVISION

COMPANIES AND PERSONS DESIRING TO RESPOND TO THIS RFQ ARE HEREBY

NOTIFIED THAT ALL COMMUNICATIONS REGARDING THIS RFQ, WHETHER IN

WRITING, ELECTRONIC, VERBAL, OR BY SOME OTHER MEANS, AND WHETHER

MADE INDIRECTLY BY THIRD PARTIES OR DIRECTLY BY THE RESPONDENT,

SHALL BE SUBMITTED TO THE CITY’S PURCHASING MANAGER, EXCEPT LEGAL

MATTERS MAY BE DIRECTED TO THE CITY ATTORNEY DIRECTLY OR

THROUGH THE PURCHASING MANAGER. EXCEPT AS EXPRESSLY REQUIRED BY

THIS RFQ FOR FORMAL PRESENTATIONS (IF ANY), ANY INDIRECT OR DIRECT

COMMUNICATIONS AND LOBBYING REGARDING THIS RFQ MADE TO MEMBERS

OF THE CITY COUNCIL, MEMBERS OF THE SELECTION ADVISORY COMMITTEE,

OR ANY OTHER CITY OFFICIAL ARE STRICTLY PROHIBITTED AND SHALL

CONSTITUTE GROUNDS FOR IMMEDIATE DISQUALIFICATION.

mailto:purchasing@cocoafl.gov

2. STANDARD TERMS & CONDITIONS

2.1. ACCEPTANCE AND REJECTION - The City reserves the right to accept or reject any and all responses and to accept the response which best serves the interest of the City of Cocoa. The City may award sections individually or collectively, whichever is in its best interest, unless the Respondent only intends to respond for the contract in its entirety.

2.2. ASSIGNMENT - Neither the contract nor payment due pursuant to this RFQ may be assigned. Any attempt to assign the responsibilities and payment under this RFQ without the express prior written consent of the City of Cocoa shall be grounds for termination of the Contract.

2.3. AWARD - Award shall be generally made to the engineering firms that demonstrate technical capability while most closely meeting the City’s needs according to the evaluation criteria and factors designated in the solicitation and under the CCNA. Further, once the City Council approves a ranking of the firms, the award will depend upon the successful Respondent(s) negotiating acceptable terms under an Engineering Services Contract. While not included as part of the ranking of Respondent(s) in the CCNA process, Respondents are hereby notified that should a Respondent be selected to negotiate a Contract with the City, the City will be paying significant attention to cost of services being offered. The successful Respondents shall be those that are not only the most qualified firm, but the firm that has also agreed to rates, fees and charges that the City of Cocoa deems to be fair, reasonable and competitive in the market place. If the City pursues competitive negotiations with your firm and the City can not agree on fair, competitive, and reasonable rates, fees, and charges for services required by this RFQ, the City will cease negotiations with your firm. The City will then commence negotiations with the next ranked firm until the City has awarded a Contract or rejected all of the proposals at its sole discretion.

2.4. OTHER AGENCIES – All Respondent(s) awarded contracts as a result of this RFQ may permit any municipality or other government agency to participate in the contract under the same prices, terms, and conditions, if agreed to by both parties. It is understood that at no time will any city, municipality, or other agency be obligated for placing an order for any other city, municipality, or agency: nor will any city, municipality, or agency be obligated for any bills incurred by any other city, municipality, or agency. Further, it is understood that each agency will issue its own purchase orders to the awarded Respondent(s).

2.5. CONFLICT OF INTEREST - The Respondent certifies that this response has not been arrived at collusively or otherwise in violation of federal, state or local laws. Any purchase order, check requisition or Contract from which any agent, officer or employee of the city or any relative thereof, will realize a financial gain, directly or indirectly, shall be void, except that before the execution of a purchase order, check requisition or Contract, the Council shall have the authority to waive compliance with this section when it finds such action to be in the best interest of the City.

2.6. CONSULTANT’S PROJECT MANAGER AND PROJECT ENGINEER – The Consultant will designate a Project Manager and Project Engineer in their submittal response to the RFQ. Both of these positions shall be qualified licensed professional engineers in the State of Florida. The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administering all aspects of Services to be performed under this Contract. The Project Engineer shall be the lead technical resource on the assigned projects responsible for technical elements of the design and quality control. Replacement (including reassignment) of said Project Manager or Project Engineer shall not be made without the prior written approval by the City.

2.7. DEVIATION FROM SPECIFICATION - Any deviation from specifications and submittal requirements must be clearly stated, explained in detail and accepted by the City in writing. Otherwise items offered are expected to be in strict compliance with specifications and submittal requirements and the successful response shall be held accordingly.

2.8. DISCRIMINATION STATEMENT: An entity or affiliate placed on the Discriminatory

Vendor List may not submit a response for a Contract to provide goods or services to a public entity, may not submit a response on a Contract with a public entity for the construction or repair of a public building or perform any public work, may not submit Proposals for leases of real property to a public entity, may not award or perform work as a Consultant, supplier, sub-consultant, or consultant under any Contract with any public entity, and may not transact business with any public entity.

2.9. ECONOMY OF PREPARATION: The responses should be prepared simply and economically, providing a straightforward, concise description of the Respondent’s qualifications and ability to fulfill the requirements of the RFQ.

2.10. F.O.B. POINT - Products and materials related to the project are to be shipped F.O.B. to the department and address as identified on Purchase Orders.

2.11. INFORMALITIES - The City of Cocoa reserves the right to both waive any minor informality in responses and to determine, in its sole discretion, whether or not a particular informality is minor.

2.12. INFORMATION AND LITERATURE - Respondents are to furnish all information and literature requested. Failure to do so may be cause for rejection.

2.13. INTERPRETATIONS - Any questions concerning conditions and specifications shall be directed to the purchasing manager. Interpretations that may affect the eventual outcome of this RFQ will be furnished in writing to all prospective potential Respondents. No interpretation shall be considered binding unless provided in writing by the City of Cocoa.

2.14. NON-DISCRIMINATION - The successful Respondent will comply with all federal and state requirements concerning fair employment and will not discriminate by reason of race, color, age, religion, sex, national origin or physical handicap.

2.15. PATENTS AND COPYRIGHTS - The Respondent will agree to hold harmless the City of Cocoa, its officers, agents and employees from liability of any kind, including cost and expenses, with respect to any claim, action, cost or judgment for patent or copyright infringements. Also, the City and any Federal awarding agency funding any part of the Contract with the successful Respondent reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for City and Federal Government purposes the copyright in any work developed under the Contract any rights of copyright that the Respondent has purchased ownership with funding from the Contract. In addition, with respect to any discovery or invention which arises or is developed in the course of or under any Contract with the City, the City shall retain ownership rights to any patent based on such discovery or invention unless otherwise agreed to by the City’s City Council.

2.16. PAYMENTS - Upon acceptance of work by using department of the City, employees and others, it is understood and agreed that orders and services shall be shipped and performed at the established Contract prices. Invoicing in variance with this will subject the Contract to cancellation. The City shall make payment to the Consultant in accordance with the Local Government Prompt Payment Act, Section 218.70, Florida Statutes. The City reserves the right, with justification, to partially pay any invoice submitted by the Consultant when requested to do so by the using City department. Unless otherwise directed in the Contract for services, all invoices shall be directed to the Accounts Payable Section, City of Cocoa, 65 Stone St., Cocoa, FL 32922, with a copy directed to the City department using the services.

NOTE:ALL INVOICES MUST CLEARLY INDICATE THE CITY PURCHASE ORDER

NUMBER.

2.17. PUBLIC ENTITY CRIMES - As required by section 287.133, Florida Statutes, the Proposer warrants that it is not on the convicted contractor list for a public entity crime committed within the past thirty-six (36) months. The Proposer further warrants that it will neither utilize the services of, nor contract with, any supplier, sub-contractor, or consultant in connection with this Agreement for a period of thirty-six (36) months from the date of being placed on the convicted contractor list. By way of a submittal response completion and signature on this solicitation, the Proposer certifies that it is qualified to do business with the City of Cocoa in accordance with all Florida Statutes.

2.18. PUBLIC RECORDS: Florida law provides that municipal records shall, at all times, be open for personal inspection by any person. Section 119.01, Florida Statutes (The Public Records Law). Unless otherwise provided by the Public Records Law, information and materials received by the City in connection with an RFQ response and under any awarded Contract shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 10 days after opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for under section 119.07, Florida Statutes and other applicable laws. If the Respondent believes any of the information contained in his or her response is exempt from the Public Records Law, then the Respondent must in his or her response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. In addition, the Respondent shall make available to the City (and if any part of any Contract awarded under this RFQ is funded by the Federal government, the Federal Grantor agency, the Comptroller General of the United States), or any of their duly authorized representatives to any books, documents, papers, and records of the Respondent which are directly pertinent to any Contract awarded under this RFQ for the purpose of making audit, examination, excerpts, and transcriptions. All records shall be retained for a minimum of three (3) years after the City makes final payment under the Contract awarded under this RFQ and all other pending matters are closed by the City.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT: (321) 433-8484; marsenault@cocoafl.gov City Clerk’s Office, 65 Stone Street, Cocoa, FL, 32922.

2.19. TAX EXEMPTIONS - The City of Cocoa is tax exempt. The City of Cocoa’s tax-exempt number is 85-8012621548C-8.

2.20. TERMINATION FOR CAUSE: If a Respondent is awarded a Contract under this RFQ, the successful Respondent is hereby on notice that the Contract shall be subject to termination in the event that the Respondent breaches the Contract, or Respondent fails to fulfill in a timely and proper manner its obligations under this Contract, or if the Respondent is declared bankrupt or insolvent, or Respondent is found to have committed fraud or any other unlawful act against the City or another party. The City may, upon written notice to the Respondent, terminate the right of the Respondent to proceed under the Contract, and may hold the Respondent liable for any damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Respondent under the Contract shall, at the option of the City, become the City’s property and the Respondent shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Respondent, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Contract by the Respondent, and the City may withhold any payments to the Consultant for the purpose of setoff until such time as the amount of damages due to the City from the Respondent can be determined.

2.21. TERMINATION FOR CONVENIENCE: If a Respondent is awarded a Contract under this RFQ, the successful Respondent is hereby on notice that the Contract shall also be subject to termination for convenience by the City. The City reserves the right, in its best interest as determined by the City, in its sole discretion, to cancel the Contract by giving written notice to the Respondent thirty (30) days prior to the effective date of such cancellation.

2.22. TIME FOR CONSIDERATIONS – All Proposals will be considered after the time and date set for the opening of the Proposals and for a period up to ninety (90) days thereafter.

2.23. TRADE SECRETS - Respondents should not send trade secrets. If, however, trade secrets are claimed by any Respondent, they will only be considered trade secrets in accordance with Florida law. Respondent must mark any trade secret information submitted to the City as Confidential prior to such submittal. If a Respondent fails to submit a claim of trade secrets to the City before obtaining the City’s Contract, any subsequently-claimed trade secrets will be treated as public records and will be provided to any person or entity making a public records request for the information (section 119.01, Florida Statutes).

3. SPECIAL CONDITIONS

3.1. ADDENDUM AND AMENDMENTS TO REQUEST FOR QUALIFICATIONS: If it becomes necessary to revise or amend any part of this Request for Qualifications, the City’s Purchasing & Contracts Division will furnish the revision by written Addendum to all prospective Respondents who are recorded with the City as having received an original Request for Qualifications. Addenda information will be posted on Vendorlink at https://www.myvendorlink.com/. Respondents are responsible to check this location for updates.

3.2. COMMITTEE MEETINGS/PRESENTATIONS INFORMATION: The Notice of

Committee Meetings/Presentations is generally posted at least seventy-two (72) hours in advance of such meetings/presentations. However, the City reserves the right to hold Committee meetings with less notice if necessary upon reasonable notice. Proposers are responsible to check the following locations for updates on this proposal’s status: on the bulletin board located in the main lobby of the City Hall building at 65 Stone St., Cocoa, FL 32922; or on the City’s Web Page http://www.cocoafl.org, under the City Clerk. City Council meetings, at which matters regarding this RFQ may be considered, are noticed by the City Clerk’s office under the general rules and procedures of the City Council.

3.3. INDEMNIFICATION STATEMENT – By submitting a response document signed by an authorized agent of the Respondent, Respondent (Consultant) acknowledges and accepts the terms and conditions of the following Indemnification Statement in the event of Contract award:

“For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Consultant shall indemnify, hold harmless and defend the City of Cocoa and its elected and appointed officers, agents, officials, attorneys, representatives and employees (hereinafter the “City”) from and against any and all liability, loss, cost, damages, expenses, injuries (including death), claim or actions, of whatever type, including but not limited to reasonable attorney's fees in any legal proceeding through trial and appeal, which the City may hereafter sustain, incur or be required to pay, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Consultant, its agent(s), vendors, representatives, servants, employees, or other persons employed or utilized by the Engineer in the execution, performance or non‐performance or failure to adequately perform Consultant’s obligations pursuant to this RFQ and any subsequent contract, including any Task Order.

The Consultant specifically assumes potential liability for actions brought by the Consultant’s own employees against the City and, solely for the purpose of this indemnification, the Consultant specifically waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties.”

3.4. LIMITATION OF LIABILITY STATEMENT – By submitting a response document signed by an authorized agent of the Respondent, Respondent acknowledges and accepts the terms and conditions of the following Limited Liability Statement in the event of Contract award:

“The City desires to enter into this Contract only if in so doing the City can place a limit on the City’s liability for any cause of action arising out of the Contract, so that the City’s liability for any breach never exceeds the sum of any Contract amount that is owed by the City for services actually http://www.cocoafl.org/ performed by the Respondent to the City’s complete satisfaction. For other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Respondent expresses its willingness to enter into this Contract with the knowledge that the Respondent’s recovery from the City to any action or claim arising from the Contract is limited to a maximum amount of the sum of any Contract amount that is owed by the City for services actually performed by the Respondent to the City’s complete satisfaction, and in no case shall exceed the amount provided in Section 768.28, Florida Statutes. Nothing contained in this paragraph or elsewhere in this Contract is in any way intended either to be a waiver of the limitation placed upon the City’s liability as set forth in Section 768.28, Florida Statutes, or to extend the City’s liability beyond the limits established in said Section 768.28, Florida Statutes; and no claim or award against the City shall include attorney’s fees, investigative costs, expert fees, suit costs or pre-judgment interest.”

3.5. PROPOSER EXPENSES - No out-of-scope services shall be provided in the absence of prior, written authorization in the form of a written supplemental Contract and issuance of an appropriate amendment to the Contract. The City will not pay a retainer or similar fee.

The City is not responsible for any expenses that Respondent may incur in preparing and submitting responses called for in this request. The City will not pay for any out-of-pocket expenses, such as word processing; photocopying; postage; per diem; travel expenses; and the like, incurred by the Respondent. The City will not be liable for any costs incurred by the Respondent in connection with any interviews/presentations (i.e., travel, accommodations, etc.).

3.6. REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION: The Respondent shall furnish such additional information/clarification as the City may reasonably require.

This includes, but is not limited to, information that indicates financial resources as well as the ability to provide and maintain the services requested. The City reserves the right to make investigations of the qualifications of the Respondent as it deems appropriate including, but not limited to, a background investigation of service personnel to be conducted by the City of Cocoa Police Department or its designees.

3.7. TERMS: The contract awarded and entered into under this RFQ shall continue until sixty

(60) days after final completion of the project which includes construction services unless terminated earlier in accordance with the terms of the agreement. However, the City will reserve the right to extend the Contract beyond that period if the City Council determines that extension is required based upon public necessity to complete a pending task related to this RFQ or as otherwise deemed necessary in the best interests of the City at the City’s sole discretion. The Selected Consultant will be required to execute a written agreement on a form prepared by and acceptable to the City Attorney. Under no circumstances whatsoever shall a contract be formed between the City and a selected consultant until such time the written agreement is approved by the City Council at a public meeting and executed by the consultant.

3.8. TRUTH-IN-NEGOTIATIONS: Pursuant to section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed-fee professional service contract over the threshold amount provided in section 287.017, Florida Statutes for CATEGORY FOUR, the City shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting.

3.9. PROHIBITION AGAINST CONTINGENT FEES: Each contract entered into by the City for professional services must contain a prohibition against contingent fees, which reads as follows: “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.” For each breach or violation of this provision, the City shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.

4. STANDARD INSURANCE REQUIREMENTS

All qualified firms MUST provide written proof of insurance and demonstrate that they maintain all applicable insurance coverage as specified below as a condition precedent to contracting with, and performing any work for, the City of Cocoa. Copies of all applicable current insurance certificates must be attached to the Respondent’s submittal.

Excluding professional liability policies which prohibit naming the City as an additional named insured, the Certificate of Insurance must be made to the City of Cocoa, 65 Stone St., Cocoa, FL 32922 and should reference the operation and must name the City as an additional insured.

Prior to renewal, non-renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written notice shall be given to the City of Cocoa.

All Certificates of insurance shall be approved by the City prior to the commencement of any work. Minimum coverage with limits and provisions are as follows:

4.1. COMMERCIAL GENERAL LIABILITY INSURANCE MINIMUM REQUIREMENTS

FOR CONTRACTS VALUED AT LESS THAN $15,000:

It is required that individuals and firms Contracting with the City of Cocoa, where the total contract or job value is LESS than $15,000, maintain Commercial General Liability insurance with a minimum per occurrence limit of not less than $200,000 and with a deductible amount not greater than $5,000. It is further required that the City of Cocoa be named as an additional insured to the Consultant’s CGL policy, and that proof of same in the form of a certificate of insurance be submitted before work is begun.

4.2. COMMERCIAL GENERAL LIABILITY INSURANCE MINIMUM REQUIREMENTS

FOR CONTRACTS VALUED AT $15,000 OR MORE:

It is required that individuals and firms contracting with the City of Cocoa, where the total Contract or job value is $15,000 or MORE, maintain Commercial General Liability insurance with a minimum per occurrence limit of not less than $1,000,000.00 and with a deductible not greater than $5,000. It is further required that the City of Cocoa be named as an additional insured to the Consultant’s CGL policy, and that proof of same in the form of a certificate of insurance be submitted before work is begun.

4.3. AUTOMOBILE LIABILITY INSURANCE MINIMUM REQUIREMENTS FOR ALL

CONTRACTS:

It is required that individuals and firms contracting with the City of Cocoa who own licensed motor vehicles that will be utilized in connection with any City contract or job maintain automobile liability insurance and submit proof of same in the form of a certificate of insurance before work is begun.

It is further required that individuals and firms contracting with the City of Cocoa who lease, rent, or borrow licensed motor vehicles that will be utilized in connection with any City contract or job be required to maintain non-owned or hired automobile liability insurance and submit proof of same in the form of a certificate of insurance before work is begun.

4.4. PROFESSIONAL LIABILITY INSURANCE MINIMUM REQUIREMENTS FOR ALL

PROFESSIONALS AS DEFINED BY FLORIDA STATUTE:

Professionals and professional corporations, associations, and firms who contract with the City of Cocoa to provide professional services are required to maintain Professional Liability Insurance in a minimum amount of $3,000,000.00 per occurrence and in the aggregate, with a deductible not greater than $50,000.00.

4.5. ENVIRONMENTAL IMPAIRMENT INSURANCE MINIMUM REQUIREMENTS:

Individuals or firms who contract with the City of Cocoa to provide excavation or construction type services and who will be locating portable fuel or lubricant storage tanks at the job site or who will be storing or using hazardous chemicals on the job site are required to maintain Environmental Impairment Insurance or "Pollution Insurance" with a limit of not less than $1,000,000 per occurrence and submit proof of same in the form of a certificate of insurance or an endorsement to their General Liability policy showing a pollution exclusion exception for each specific work product or storage container before work is begun. Contracts with such firms shall include a provision that they work in compliance with the OSHA Hazardous Communication Standard and Florida Department of Environmental Protection guidelines and supply all information about hazardous chemicals being brought onto City property as required by the City's Safety and Loss Control Program.

4.6. WORKERS' COMPENSATION INSURANCE MINIMUM REQUIREMENTS:

Individuals or firms must demonstrate that they have worker’s compensation coverage at levels required by Florida law.

5. GENERAL INFORMATION

The City is requesting Statements of Qualifications (known as “the proposal”) from qualified engineering firms in the state of Florida. In addition, the City reserves the right, at its sole discretion, to select among the Respondents of this RFQ or through other procedures, other engineering/consulting firms to handle component parts of the anticipated utility projects if the City deems it in the City’s best interests to do so. This solicitation shall be part of the Consultants Competitive Negotiation Act process as mandated in Section 287.055, Florida Statutes and the City of Cocoa Purchasing Policy.

The engineering firm selected will serve as the City’s consultant for the Project including, but not limited to, the services described in the Scope of Services. The selected consultant will enter into a contract for the Term indicated in Section 3.7 with the City if recommended by City staff after successful contract negotiations and approved by City Council in its sole discretion. However, the Consulting Professional Services Agreement shall be subject to termination for convenience by the City. The City reserves the right to select one or more consultants. Once under Contract, the City may award work on a task order basis to the contracted engineering firm for different phases of the project, such as design services phase and services during construction phase. The City reserves the right to award task orders at the City’s sole discretion as it deems to be in the City’s best interest.

The selected engineering firm will be required to enter into an Engineering Services Contract in a form approved by the City Attorney and City Council, and at rates, fees, and charges determined by the City, in its sole discretion, to be fair, competitive and reasonable. Under no circumstances whatsoever shall a contract be formed between the City and a selected consultant until such time the written agreement is approved by the City Council at a public meeting and executed by the consultant. Respondents are required to list and introduce by resume and during presentations all lead members of their team and there will be specific requirements for the engineering firm’s selected project manager and project engineer.

6. PROJECT DESCRIPTION

6.1. Engineering Design and Specifications:

The Engineer of Record will prepare engineering drawings consisting of plan and profile sheets, standard notes and details for the extension of a 16-inch water main starting on Pineda Causeway (S.R. 404), near and just west and south of Patrick Space Force Base (PSFB). The design will include right-of-way survey for the proposed water line corridor that will include all existing underground utilities, soft dig excavations, and all above ground features, utility junction boxes, electric poles and trees etc. Any underground utilities noted will need to be detailed out in sufficient detail either through as built research available or field located for elevations and diameter to avoid conflicts in the proposed water line route. The water main will continue east for approximately 6,000 feet until it reaches the S.R. A1A right-of-way. The water main will turn north and continue approximately 22,500 feet until it reaches the existing 24-inch water main that is currently serving PSFB. The design will include all connections to existing water mains, and a new outlet connection for a future meter on the south side of PSFB in the Pineda Causeway right-of-way. The design will also include a bidding schedule of values with quantities and a construction cost estimate. A specification document is required that will detail all materials, fittings, restoration, concrete and underground details to provide sufficient information for proper bidding and construction including how each line item is measured and paid, and a detailed description of each line item. The specification lines will correlate directly to the bidding line items.

6.2. Permitting:

The proposed water line will be constructed in the Pineda Causeway and S.R. A1A rights-of-way and will require permits from the Florida Department of Transportation (FDOT). All water main extensions are required to be permitted through Florida Department of Environmental Protection (FDEP). In addition, the water main work will require a letter of approval from Patrick Space Force Base. Other permitting requirements may be necessary and shall be determined by the selected engineering firm.

6.3. Grant:

Grant funding may be available for the design of the project warranting certain project requirements. The selected engineering firm shall comply with all applicable requirements and assist the City with compliance. The selected engineer must comply with all terms and conditions set forth in the grant agreements attached herein as Exhibit A and Exhibit B. Additionally, the selected engineering firm shall have (a) construction plans completed by May 15, 2026, and (b) all permits acquired and the design project fully completed by September 15, 2026.

7. SCOPE OF SERVICES

The selected engineering firm may be asked to perform any engineering services related to the Project. The engineering services that are required shall include, but are not limited to, the following:

7.1. Engineering evaluation and/or design and specifications for the water main installation project, as well as engineering services during construction which may be performed as a separate task order under this same RFQ

7.2. Design Services

a. Provide 30%, 60%, 90%, and 100% design specifications and plans

b. Provide engineering cost estimates

c. Perform permitting with applicable local, state, and federal agencies

7.3. Bidding and Procurement Support Services

d. Procure contractor services including providing Requests for Additional Information

(RAIs) and engineer’s recommendations.

7.4. Construction Phase Services

e. Perform engineering services during construction such as shop drawing review, responses to requests for information, progress meeting management, project management support, Engineer of Record, and inspection services.

f. Periodic site visits

g. Testing

h. Certification of Construction

i. Signed and sealed record drawings

j. Resident Engineer and reporting, if required

k. Construction Management and Inspection, if required

7.5. Environmental impact assessments, including wetlands monitoring, if necessary

7.6. Planning Evaluations/Studies, if required for design

7.7. Hydraulic modeling, if required for design

7.8. Materials Testing

7.9. Geotechnical Investigations

7.10. Surveying Services including utility subsurface investigations if necessary

7.11. Grants Assistance and state/federal funding assistance if required

7.12. Miscellaneous services including public relations assistance, design review, and program management services

7.13. Additional professional services as requested

NOTE: Any of the services referenced above may be tasked to the selected engineering firm or another engineering or consultant selected by the City at its sole discretion. The City reserves the right to solicit proposals for any project and award a Contract for consulting services for such project separate and apart from the Contract entered into pursuant to this RFQ.

8. RFQ SUBMITTAL DOCUMENTS

For the response to be considered complete and timely, Respondent must submit ONE (1) original marked "ORIGINAL", One (1) USB copy, and Three (3) paper copies of the proposal must be received by the City of Cocoa on or before 3:00 P.M., Friday, January 10, 2025.

The submission will be comprised of the Response Cover Page followed by the required documents in Sections I-VIII. Each section will be separated using divider tabs and bound. A USB drive containing a complete electronic copy of the submittal in pdf format must be included.

Respondents must include the following information in their proposal:

RFQ Submittal Acknowledgement: Respondent will complete the acknowledgement and agree to the terms and conditions therein.

Section I - Cover Letter: The response shall contain a cover letter signed by a person who is authorized to commit the Respondent’s offer to perform the work included in the RFQ and should identify all materials and enclosures being forwarded in response to the RFQ. (Limited to 2 pages)

Section II - Table of Contents: The Table of Contents shall provide a listing of all major topics, their associated section number, and starting page. (Limited to 2 pages)

Section III - Company/Firms and Subconsultant Qualifications and Capabilities: The Company Qualifications and Capabilities section of the proposal shall be limited to four (4) typewritten pages. The purpose of this section is to provide a brief discussion of Respondent’s business history and description of the firm’s abilities and capabilities to perform Tasks described in the RFQ. The section should also include a summary of current and projected workload of the project team including the designated project manager and project engineer and statements addressing the following:

1) Responsiveness of the prime firm to satisfy the requirements of this RFQ, especially the Scope of Services and Minimum Qualifications set forth in Section 6;

2) The firm should detail its experience working on grant funded projects including its knowledge of Federal and State reporting requirements.

3) The sufficiency of the financial resources and ability of the firm’s personnel to perform the Contract or service;

4) Whether the firm has performed similar Contracts within the time and budget specified, without delay or interference;

5) The character, integrity, reputation, judgment, experience and efficiency of the firm;

6) The previous and existing experience and compliance by the firm with the laws and ordinances relating to the scope of services;

7) The number, frequency, and outcome of any professional malpractice and other claims related to services rendered that are made against the firm in any administrative, license, court, or other legal proceeding within the last five (5) years;

and

8) Whether the firm is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act.

Section IV - Project Team Qualifications and Experience: The Project Team Qualifications and Experience section of the proposal will be limited to 8 pages and shall include the following:

•Provide an overview of the project team qualifications and experience (Limited to 1 page) •Provide an organizational chart designating Consultant’s Principal-In-Charge, Project

Manager, Project Engineer, Key Personnel and any sub-consultants. (Limited to 1 page) •Prepare Form A for the Proposed Project Manager. Form A requires the consultant to provide three (3) projects demonstrating the proposed project manager’s experience. List up to three SIMILAR PROJECTS, (one project per page), for which services have been SUCCESSFULLY COMPLETED WITHIN THE PAST TEN (10) YEARS, which most closely match the scope of work in this RFQ, as identified in similar project description, wherein the proposed Project Manager has performed IN THE SAME CAPACITY with your firm, or other firms. LIST THE ONE PROJECT MANAGER ONLY AS INDICATED ON THE ORGANIZATIONAL CHART. The Consultant shall ensure that the basic description of the similar project, including all required performance requirements and/or dimensions are identified and that the elements are adequately explained in the text.

•Prepare Form B for the Proposed Project Engineer. List up to three (3) similar projects, (one project per page), for which services have been SUCCESSFULLY COMPLETED WITHIN THE PAST TEN (10) YEARS, which most closely match the scope of work in this RFQ, as identified in similar project description, wherein the proposed project engineer has performed IN THE SAME CAPACITY with your firm, or other firms. LIST THE ONE PROJECT ENGINEER ONLY AS INDICATED in the Organizational Chart. The Proposer shall ensure that the basic description of the similar project, including all required performance requirements and/or dimensions are identified and that the elements are adequately explained in the text.

Section V - Past and Present Experience and Performance on Projects. The experience and performance on Projects section of the proposal will be limited to 6 pages and shall include the following:

•Provide a summary of project team’s experience on projects (Limited to 1 page) •Prepare Form C for the Proposed Project Team. List up to five similar projects, (one project per page), for which services have been SUCCESSFULLY COMPLETED WITHIN THE PAST TEN (10) YEARS, which most closely matches the scope of work in this RFQ. The Respondent(s) shall ensure that the basic description of the similar project, including all required performance requirements and/or dimensions are identified and that the elements are adequately explained in the text. (Limited to 5 pages as Form C)

Section VI - Project Approach: The purpose of the Project Approach is to provide preliminary insight into what specific design considerations the Respondent would consider for this project, how the Respondent would sequence the primary work tasks, manage multiple projects, effectively communicate with the City, provide quality assurance and quality control, and provide innovative ideas, and how the respondent would satisfy the grant schedule requirements as indicated in Section 6.3 (Limited to 3 pages)

Section VII - Resumes: Resumes of key personnel on the project team indicating specific skills and experience related to the scope of work of the RFQ. (Limited to 5 pages)

Section VIII - Required Proposal Submittal Forms and Statements: This section of the proposal is where the following forms and statements will be located. Use the RRQ form template where provided

1) Location (form provided) The Company/Firm’s office, and the residences of both the Project Manager and Project Engineer shall reside within 75 miles of the City of Cocoa defined as City Hall, 65 Stone Street, Cocoa, Florida. Include the Affidavit of the Project Manager and Project Engineer Locations

2) Affidavit of Existing or Prior Contracts with the City (form provided)

3) Affidavit of Other Applicable Mandatory Criteria (form provided)

4) Scrutinized Company Certification (form provided)

5) Drug Free Workplace Form (form provided)

6) Certification Regarding Debarment, Suspension, and Other Responsibility Matters – Primary

Covered Transactions (form provided)

7) Non-Collusion/Lobbying Certification (form provided)

8) Organizational Information (form provided)

9) E-Verify Affidavit (form provided)

10) FEMA Rider (form provided)

11) Flow down of Terms and Conditions from the Federal Regulations and/or Grant Agreement

(form provided)

12) Business Reference List (form provided)

13) Standard Terms and Conditions/Special Condition Modification Requests (Proposer provided letter detailing exceptions)

14) Copy of business licenses

15) Certificates of Insurance (see RFQ terms 4.1-4.6)

16) If applicable, Minority Business Enterprise certification

These materials will not be counted against the submittal’s total page limit provided that they are all collected under a separate tabbed section of the submittal and labeled ‘Required Proposal Forms and Statements’.

Written Response to the RFQ: When compiling the responses, sections should be tabbed and labeled; pages should be sequentially numbered at the bottom of the page; proposals should NOT be permanently bound; should allow flat storage; and sections should be compiled in the sequence list above. The Maximum number of pages shall be 33 pages, not including tabs/dividers nor Section 8 the “Required Proposal Submittal Forms and Statements” section.

9. RFQ TIMELINE

The City reserves the right to establish and change the schedule of the RFQ process at any time, with or without notice and without penalty. However, the anticipated schedule for this RFQ is as follows:

Solicitation Schedule

STEP STAGE DATE

1 RFQ Issued and Advertised November 22, 2024 2 Deadline for Respondent Questions December 16, 2024 3 Responses/Addendum Issued by City December 27, 2024 4 RFQ Submission Deadline January 10, 2025 5 Short List Selected for Presentations (if required) January 22, 2025 6 Presentations (if required) January, 29, 2025

7 Final Ranking and…

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