RFQ2025-001_EOC_Building_and_Prefab_Parking_Garage_A&E_Desig.pdf

* REQUEST FOR QUALIFICATIONS *

I. The CITY OF KISSIMMEE (the “City”) is seeking SEALED QUALIFICATIONS on the following:

Request for Qualifications #RFQ2025-001 Emergency Operations Center (EOC) Building and Prefabricated Parking Garage Architectural & Engineering Design Services

II. All qualifications must be submitted in a SEALED envelope and plainly marked with the qualification number on the exterior of the qualification envelope, one (1) original, five (5) copies and one (1) electronic copy on CD or flash drive.

III. To be considered qualifications MUST be delivered OR mailed to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

And time stamped on or before 2:00 pm on March 18, 2025.

IV. All qualifications shall be opened and read publicly in the City’s Finance Department 4th

Floor Attn: Purchasing Division, Allendale Conference Room, 101 Church Street, Kissimmee, Florida on March 18, 2025 at 2:30 pm.

V. All qualifications must be according to specifications and conditions, and on the forms provided herein.

VI. The Contractor's name and address shall be clearly shown on the exterior of the sealed envelope.

VII. City reserves the right to accept and/or reject any or all qualifications, with or without cause, to waive technicalities or to accept the qualification which, in its judgment, best serves the interest of the City. Contractors are advised that, if they decide to appeal any decision made concerning the award of this qualification, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be made. Qualification results other than the apparent low offer will not be provided in response to telephone inquiries. Contractors desiring a copy of the Abstract of Offers should include such request with a self addressed stamped envelope in their qualification.

Brandon Durango Procurement Manager

General Requirements:

1.1 QUALIFICATION PREPARATION

Submission of a qualification in response to this solicitation shall evidence the Contractor’s acknowledgement that he/she is cognizant of all the conditions and specifications contained herein and that any offer made is in accordance with the contained specifications and conditions unless, specifically identified and explained as exceptions on the qualifications schedule. Each Contractor is responsible for the completeness and accuracy of their qualifications. Contractors must show manual signatures by an individual authorized to offer such obligations, and shall contain evidence of that person’s authority to make such offers.

Unsigned qualifications will be rejected. Stamped or otherwise reproduced signatures are not acceptable. Erasures or other changes must be initialed by the person signing the qualifications. Contractors should include all descriptive literature specifications, or catalogs or cuts necessary to specifically identify and describe the item(s) being offered. Failure to do so may result in the qualifications being declared non-responsive.

1.2 SUBMISSION OF QUALIFICATIONS

All bids shall be submitted during normal business hours in a sealed envelope on the forms included with this solicitation with the Contractor’s name and address and bid number plainly marked on the exterior of the envelope. Timely submission of a bid is important. Official receipt is acknowledged using an atomic date/time stamp interfaced with the U.S.

Government’s National Institute of Standards and Technology (NIST) which is the official time keeper for the U.S. Facsimile or telegraphed bids will not be accepted.

1.3 PRICING

The unit price for each item being submitted will be shown on the Qualification Schedule and will include all costs for or associated with the item. A total for each line item will be entered on the Qualification Schedule. In case of a discrepancy between unit price and extended price, the unit price shown shall prevail.

1.4 DELIVERY

Exact delivery times frames or dates must be shown on the qualifications, such as, “(x) days after receipt of order”. Number of days for delivery shall be presumed to include all weekends or holidays in the period. All offers shall be FOB Destination and shall include inside delivery to the delivery point specified.

1.5 DEFAULT

Should the selected Contractor for any award made as a result of this solicitation fail to deliver a product in accordance with the specifications contained herein and within the time frame promised, City reserves the right to cancel this contract for default and to award same to the next most qualified Contractor. The Contractor in default may be held liable for any added cost to the City incurred as a result of such default.

1.6 LATE QUALIFICATIONS AND WITHDRAWL OF OFFERS

No qualifications will be accepted after the published deadline for accepting qualifications in response to this solicitation. Qualifications may be withdrawn at any time prior to the official time set for the qualifications’ opening. No modification or withdrawal of any offer received will be allowed after the time and date set for the official qualifications’ opening.

1.7 DISCOUNTS

Contractors may offer cash discounts for prompt payment, however, any such discount offered will not be considered as a factor in determining the lowest submittal offered. Any

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Inserted Text other discounts should be reflected in the unit price qualification.

1.8 QUALIFICATIONS EVALUATION AND AWARD

All qualifications received will be evaluated based on one or more of the following factor:

price; quality of service offered; compliance with specifications; delivery; reputation of the Contractor; a previous contract’s proximity of service; and any other factors detailed in the specifications. An award will be made to the lowest responsive and responsible Contractor complying with the provisions of the Request for Qualifications, provided that such award is in the best interests of the City.

City reserves the right to accept and /or reject any or all qualifications in whole or in part with or without cause; to waive technicalities; to make multiple awards on a line item basis; and accept the qualifications which in its judgment, best serves the interest of the City. Contractors are cautioned that no communication with any City employees involved in the evaluation process is authorized during the qualifications’ evaluation process unless such communication is originated by the City for the purpose of clarifying the qualifications or proposal. Questions regarding the status of any qualifications or should be directed to the Purchasing Coordinator. Awards will be posted in the Purchasing Office after City Commission approval. Contractors are responsible for following up on the status of any qualifications. City will only notify successful Contractor(s).

1.9 BILLING AND PAYMENT

City will pay all proper invoices submitted for supplies and/or services within 30 calendar days.

To be considered a proper invoice, two (2) copies of each invoice must be submitted to the City ‘s Facilities Department, 101 Church Street Kissimmee, FL 34741, show the Vendor FEID Number, the purchase order number and be based on proper delivery installation or provision of goods or services to and accepted by the City. The payment cycle will not start until all the above requirements are met.

1.10 SAMPLES

City may, at its discretion, require submission of examples for review. Costs for such examples, including postage, will be the responsibility of the Contractor.

1.11 SILENCE OF SPECIFICATIONS

The silence of these specifications regarding exact details of any service required shall be regarded as meaning that only the best commercial design practices will prevail.

1.12 USE OF BRAND NAMES

N/A

1.13 WARRANTY

1.14 ADDENDUMS

In the event any addenda to the initial solicitation are issued, City will attempt to provide such addenda to all Contractors who have been furnished with qualifications packages. However, it shall be Contractor’s responsibility to verify with the Purchasing Office before the qualifications are submitted whether or not addenda have been issued and to obtain such addenda to ensure proper submission of the qualifications. Receipt of any addenda issued must be acknowledged on the Qualifications Schedule.

1.15 QUALIFICATION’S CERTIFICATION

By signature on this submission, Contractor certifies or in the case of submission of joint qualifications, each party must certify that:

A. He/She has not given, offered nor intends to give at any time economic opportunity, future employment, favor or gratuity in any kind to any employee of the City in connection with the submission.

B. That the Contractor has not divulged or discussed his/her offer with other bidders.

C. Prices offered have been determined independently without collusion with other

Contractors for the purpose of restricting competition.

D. No attempt has been made to induce any potential Contractor to submit or decline to submit an offer in response to this solicitation.

1.16 “NO QUALIFICATION” RESPONSE

Contractors electing to not submit qualifications in response to this solicitation should complete the attached “Notice to Submitters” form. Failure to return the form may result in your omission from future qualifications lists.

1.17 COMPLIANCE WITH THE JESSICA LUNSFORD ACT

If applicable, compliance with the Jessica Lunsford Act will be required by Contractor.

1.18 CONE OF SILENCE – The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the execution of the award. The Cone of Silence is defined as the period beginning with the issuance of the solicitation document and continues through the execution of the award document. During this time Contractors, their agents, representatives and the like are prohibited from all communications regarding the solicitation with City staff, City consultants, City legal counsel, City agents, or City officials. Any Contractor that attempts to influence a member or members of the aforementioned shall be disqualified from continued participation in the procurement process with regard to that particular solicitation.

Exceptions to the Cone of Silence – Written communications directed to the Procurement Coordinator;

All communications occurring at pre-bid meetings;

Oral presentations before publicly noticed committee meetings;

Procurement of goods and services for emergency situations; and Contractors already on contract with the City to perform services for the City are allowed discussions necessary for the performance and/or completion of an existing contract.

1.19 PROTEST

Any protest must be made within three (3) days following posting of the qualifications’ award.

Protest procedures are available from the City‘s Finance Department, 4th Floor Attn:

Purchasing Division, 101 Church Street, Kissimmee, FL 34741.

Notice of decision or intended decision concerning a bid solicitation or award may be given by posting the bid tabulation or recommended award at the location where the bids were opened or posted electronically on the City’s website www.kissimmee.gov. Failure to file a protest within the deadlines prescribed shall constitute a waiver of protest proceedings.

2.0 SPECIAL PROVISIONS:

2.1 PUBLIC ENTITY CRIMES: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a qualification on a contract to provide any goods or services to a public entity, may not submit a qualification on a contract with a public entity for the construction or repair of a public building or public work, may not submit qualifications 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,F.S., for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list".

2.2 CLARIFICATION OF REQUIREMENTS: Questions regarding clarification or interpretation of the technical specifications and/or non-technical nature regarding this solicitation must be addressed IN WRITING to Debbie Luke, Procurement Coordinator at 101 Church Street, Kissimmee, Florida 34741 OR BY EMAIL to procurement@kissimmee.gov not less than seven (7) days prior to the RFQ opening date. Phone inquiries will not be responded to.

However, unless modified by a written addendum, the specifications and conditions contained herein stand as stated. Verbal communications are neither authoritative nor binding. Any verbal interpretation in conflict with these specifications as written should immediately be directed in writing to the City’s Purchasing Coordinator. Any interpretation provided to any Contractor in response to inquiries regarding this solicitation which may affect the outcome of the qualifications will be furnished in writing to all Contractors who have received qualifications packages.

2.3 No minor children are permitted to accompany Contractors during pre-qualification conferences, qualification opening or site tour.

2.4 INDEMNITY: Contractor will indemnify and hold harmless the City from and against all claims, damage loss, and expenses arising out of, or resulting from, the performance of their operations under this contract.

Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the service.

Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:

All employees on the job and all other persons who may be affected thereby.

All the work, materials, and equipment, whether in storage on or off the site, under the care, custody, or control of the Contractor; and

Other property at the site including trees, shrubs, lawns, walks, pavements, and roadways.

Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful order of any public authority bearing on the safety of persons or property or their protection from damage, injury, or loss.

In any emergency affecting the safety of persons or property, Contractor shall act, at his/her discretion, to prevent threatened damage, injury or loss.

2.5 A link to this website is available through the City’s Web Page http://www.kissimmee.gov, under the Finance Department, Purchasing. Notice of Award, Qualifications currently available, and Tabulation sheets are available online. Contractors, who do not have internet access, may request a copy of the tabulation by enclosing a stamped, self-addressed envelope with its submission.

2.6 FEES AND LICENSURE COST: This bid requires proof of a valid Business Tax Receipt from the jurisdiction of the Contractor’s place of business.

2.7 INSURANCE PROVISIONS: Contractor will have in force the following insurance coverage and will provide Certificates of Insurance prior to commencement of any work.

A) Workers’ Compensation: Contractor will provide Worker’s Compensation coverage for all employees at the site location and, in case any work is subcontracted, will require the subcontractor to provide Workers’ Compensation for all his employees. The limits will be statutory for Workers’ Compensation and $300,000.00 for Employers’ Liability.

B) Comprehensive General Liability: Contractor will provide for all operations including, but not limited to Contractual, and Products and Completed Operations. The limits will be not less than $1,000,000.00.

C) Comprehensive Automobile Liability: Contractor will provide coverage for all owned and non-owned vehicles for limits of not less than $1,000.000.00.

D) Umbrella Liability: Contractor will provide an umbrella in excess to the coverage in paragraphs B), and C) of not less than $1,000,000.00.

2.8 City has a Local Contractor Preference Policy:

2.9 ALTERNATE BIDS WILL NOT BE ACCEPTED:

If two bids are received from the same Contractor, one bid will be returned unopened. If two different bids are included in a single envelope, both will be rejected at the bid opening.

2.10 NON-MANDATORY PRE-BID: A non-mandatory pre-bid meeting is scheduled for

10:00AM February 18, 2025 in the Kissimmee Police Department Training Room, 8 North Stewart Avenue, Kissimmee, FL 34741. The deadline for questions is February 27, 2025 at 5pm. An addendum, if necessary, will be sent out to all Contractors no later than on March 06, 2025 by 5pm.

2.11 CONTRACT: A sample contract is included in this proposal, on page 12-35

2.12 REVIEW OF PROPOSERS AND PROPOSALS

In-person reviews may be conducted with Contractors who are deemed reasonably susceptible of being selected for award, for the purposes of assuring full understanding of:

(a) conformance to the solicitation requirements, (b) the abilities of the Contractor, and (c) the qualifications submitted.

Contractors shall be available for presentations and/or interviews with the evaluation committee upon reasonable notification from the Purchasing Division. The date(s) and time(s) of any such presentations or interviews shall be determined solely by the City, and may be closed to the public in the discretion of the Procurement Coordinator, and to the extent permitted by law.

3.0 SCOPE OF WORK

I. Project Description The City of Kissimmee requests proposals from qualified consultants to provide architectural and engineering design services in accordance with Florida Statute 287.057 for a new Emergency Operations Center (EOC) Building and Parking Garage. The services shall include, but may not be limited to, assistance with the preparation of the following: site survey, site master plan, spatial needs assessment; schematic design plan or preliminary construction drawings; bid ready construction documents, to include drawings and specifications; and, opinion of probable cost with signature of designer of record.

The proposed Emergency Operations Center building will be approximately 15,000 square feet. The Parking Garage (Prefabricated) section will have approximately 250 spaces.

Applicants should have previous experience with the design of a Public Safety Answering Point or Emergency Operations Center and the requirements thereof: be familiar with all applicable standards for the intended use; have a physical presence at the worksite during key-points of the project as needed; and be familiar with all applicable laws and regulations governing public works projects. Applicants must be able to produce coordinated Construction Documents defining all the necessary work of Contractors, Owner and Owner’s multiple FF&E Vendors.

II. Project Site and Location:

The proposed new Emergency Operations Center (EOC) Building and Parking Garage site is at 8 North Stewart Avenue, Kissimmee, FL 34741. The proposed site is approximately 1.3 acres in area and located adjacent to the main Kissimmee Police Department building.

A. Ownership and Lease Agreement

The City of Kissimmee owns 100% of this property.

III. Consultant Qualifications The ideal design firm should have prior experience in the design and construction administration of Emergency Operations Center (EOC) Buildings and Parking Garages.

The firm must also have extensive knowledge of Mixed-Use prefabricated structures of similar size and scope. A complete complement of professional staff (Architects, Engineers, etc.) must be located within 60 miles of the project site.

IV. Preliminary Scope of Services

City seeks the professional services from qualified design firm consultants to include preliminary design through construction documentation, cost estimates, permitting assistance, bidding assistance, and construction administration assistance. The following Scope of Work indicates the broad areas of consideration:

1. Design Phase - Contractor will develop concept plans, schematic plans, design development plans, construction documents, specifications, and cost estimates based on the City stakeholders’ discussions and meetings. It is anticipated that architecture, building engineering, civil engineering, geotechnical engineering, structural engineering, and environmental engineering will be required. Contractor will assist City in obtaining permits and approvals as needed. Contractor will assist City with providing exhibits, including legal descriptions, for obtaining temporary construction easements as needed.

2. Construction Phase - Contractor will provide construction phase services to support City's construction administration and inspection processes. Contractor will serve in an advisory capacity for construction administration and provide support services including: attending pre-construction meetings, attending regular meetings on site, field observation, sub-contracting materials testing and special inspection services, submittal review, responses to requests for information, and other work. A more detailed final scope of work, project timeline and budget will be developed with the selected Contractor.

V. Proposal Content

All proposals shall be a maximum of twenty (20) pages, on 8 1/2 x 11-inch paper, in a minimum12-point font. All pages count towards the page total except the cover, introductory letter, and organizational chart (if included). The proposal shall be submitted in the format as outlined below.

1. Firm Description – Describe your firm's areas of expertise and other information that helps to characterize the firm. Provide the name, title, address, email, and telephone number to the primary contact.

2. Project Approach – Describe the tasks that must be accomplished to complete the project and a narrative description of how the firm proposes to execute the tasks.

Describe how the firm will be able to collect or verify field data in a timely fashion.

Describe particular challenges which you foresee this project presenting and your approach for addressing those challenges.

3. Project Manager's Experience – Identify the project manager who will be responsible for this project. List the project manager’s relevant experience and similar work experience with developing projects of similar size and scope.

4. Personnel – Describe the project team including name and office location of key personnel, including subs. Describe key personnel's proposed roles and responsibilities on the project, and relevant related experience with an emphasis on design principles. A successful Contractor will consist of the following professionals with related experience: Licensed Architect, Licensed Civil Engineer, Licensed Structural Engineer, Licensed MEP Engineers.

5. References- Contractor shall provide a minimum of three (3) references of similar size projects.

VI. Additional Information

Questions regarding the project may be directed to the Procurement Coordinator as directed on Section 2.2

VII. Proposal Deadline Five (5) paper copies and an electronic (pdf) file of the proposal must be received no later than 2:00PM, on March 18, 2025 to the following address:

Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

VIII. Proposal Requirement Proposal responses must adhere to the requirements set forth in this section, both for content and sequence. Failure to adhere to these requirements or the inclusion of conditions or limitations may be cause for rejection of the submittal. Use 8½ x 11 sheets (fold outs are acceptable for charts, etc.) and font size large enough to be easily legible (shall not be smaller than 10 point).

A. Cover Letter

1. Provide a cover letter and introduction, including the name and address of the organization submitting the proposal, together with the name, address, telephone numbers, and email address of the contact person authorized to represent the proposal team. Provide the location of the main office, local office, and office nearest to the City of Kissimmee. The letter must be signed by an individual authorized to bind the firm contractually.

2. Provide a statement of willingness to sign the City’s Consulting Services Agreement as is. Changes to the Agreement will not be accepted.

3. Provide a statement that addresses the Consultant team’s ability to meet the City’s insurance requirements.

B. Project Understanding

1. Provide information based upon the Consultant’s understanding of the goals of the project, potential challenges, design considerations and identification of the various design functions (i.e., sub consultants and their scopes).

C. Project Team:

1. Contact Person: Name of the principal or project manager in the firm/entity who will have direct and continued responsibility for the services provided to the City. This person will be the City point-of-contact on all matters dealing with the services offered and will handle day-to-day activities through to completion.

2. Brief information about the consulting team/firm background, organization, office structure and location, number of professional personnel, and equipment.

3. A summary of the consultant team’s capability and experience in providing services on projects similar to the project set forth in this RFQ.

4. An organizational chart showing the proposed relationships between all key personnel and support staff expected to participate on the project. (Note: if the proposal includes more than one firm/entity, please identify the responsibilities and roles of each firm).

5. A brief summary of the qualifications and experience of engineering and management staff, particularly at the project engineer level, and the key personnel to be assigned. Include relevant education, licenses, accreditation, and certificates.

6. A list of at least three (3) references (non-City of Kissimmee staff) from similar projects that may be contacted, including at least two references for each sub consultant listed.

D. Work Plan:

1. A statement that addresses the challenges that can occur during a project similar to this and any unique experience, abilities, or services that can be provided by the firm or consultant team to solve these challenges. Cite an example where these qualities were used.

2. A detailed written description of proposed work plan for performing the required services.

3. Statement that addresses how the firm or consultant team will demonstrate their commitment to be responsive and accessible to City staff in a timely manner.

4. A detailed CPM Schedule defining design tasks, permitting, bidding, award and construction phases to represent how the consultant team plans to achieve the City of Kissimmee’s project completion goals.

IX. Selection Process

Proposals will be ranked on qualifications and the City may choose to interview the top ranked firms. However, at its discretion, City may dispense with interviews and select a firm to perform the work. Contractors will be evaluated on the basis of the following factors:

1. Contractor’s experience (20%)

2. Architect manager experience and qualifications (20%)

3. Technical team experience and qualifications (20%)

4. Project manager and team experience with EOC and parking design, construction documentation, permitting, bidding, and construction administration (35%)

5. Proposal format (5%)

Selected references will be contacted.

A selection committee will be appointed by the City to assist with Contractor evaluations.

City will seek to negotiate a contract for the Project. City reserves the right to reject all proposals and not award a contract as a result of this request.

*NOTICE*

RFQ2025-001

If for some reason you are not participating in this solicitation, PLEASE complete the following and return to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

DO NOT return the solicitation package. Failure to respond may result in removal of your firm from our current Contractor file.

Company Name: _________________________________ Address: _________________________________

Phone Number: (___) _______________________ Fax Number: (___) _______________________ Continue on Contractor List: ______Yes ______ No ___ Large Business ___ Small Business ___ Minority Owned

Reason for no response to the solicitation:

______ Cannot supply at this time ______ Suitable, but engaged in other work ______ Quantity too small ______ Cannot meet required minimum ______ Opening date does not allow sufficient time to complete ______ Equivalent not presently available ______ Other reasons or remarks: _________________________________________

Signature

AGREEMENT BETWEEN

THE CITY OF KISSIMMEE

AND (The Design Firm)

FOR ARCHITECTRAL AND DESIGN SERVICES

For the Emergency Operations Center (EOC) Building and Prefabricated Parking Garage

THIS AGREEMENT made and entered into this ___ day of ______________, 2025 by and between the CITY OF KISSIMMEE, a municipal corporation of the State of Florida, whose address 101 Church Street, Kissimmee, Florida 34741, hereinafter referred to as the "CITY" and The Firm whose address is xxxxxxx xxxxx xxxx hereinafter “ARCHITECT” and each represent as follows:

WITNESSETH

WHEREAS, the CITY advertised RFQ 2025-001, titled “Emergency Operations Center (EOC) Building and Prefabricated Parking Garage Architectural & Engineering Design Services” of where firms submitted Statements of Qualifications to provide services to include, but not limited to the planning, permitting, design, and construction administration support services for the development of a new Emergency Operations Center (EOC) building and parking garage (the “Project”); and

WHEREAS, the Statements of Qualifications submitted were reviewed, evaluated, and scored by the Selection Committee based on several factors including quality of product, compliance with specifications, and reputation; and

WHEREAS, based on the competitive section, process CITY determined is qualified to provide the services and desires to award an architectural and engineering design services contract to ARCHITECT consistent with the terms, conditions, and requirements of the RFQ.

NOW THEREFORE, in consideration of the foregoing, the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

SECTION 1.0

GENERAL

1.1 ARCHITECT shall be defined herein to include all principals of the firm including full time employees, professional or otherwise, and all other servants, agents, employees, and/or subconsultants retained by ARCHITECT, to perform its obligations hereunder.

1.2 Prior to the start of any work under this Agreement, ARCHITECT submitted to CITY detailed resumes of key personnel that will be involved in performing services described in the Agreement.

CITY hereby acknowledges its acceptance of such personnel to perform services under this Agreement. If at any time hereafter ARCHITECT desires to change the key personnel in an active Agreement, it shall submit the qualifications of the new personnel to CITY for prior approval. Key personnel shall include principals-in-charge, project managers, and project engineers. The provisions of this Section do not apply to personnel temporarily assigned to perform services under this Agreement for durations of one (1) week or less.

1.3 ARCHITECT acknowledges that CITY retains other contractors, engineering and otherwise, and that coordination between said contractors and the ARCHITECT may be necessary from time to time for the successful completion of the Agreement. ARCHITECT agrees to provide such coordination as necessary within the Scope of Design/ Engineering Services contained in Exhibit "A".

SAMPLE

1.4 ARCHITECT will maintain an adequate and competent staff of professionally qualified persons throughout the performance of this Agreement to achieve acceptable and timely completion of the Agreement.

1.5 Requirements for sealing all plans, reports, and documents prepared by ARCHITECT shall be governed by the laws and regulations of the State of Florida and the requirements of any regulatory agency, if required.

1.6 This Agreement is for professional engineering and design services related to the CITY. CITY and

ARCHITECT mutually acknowledge that this Agreement will be phased over an extended period and that aspects of the Agreement(s) cannot be defined sufficiently at the time of execution of this Agreement. It is therefore anticipated that separate authorizations will be required of the ARCHITECT during this Agreement.

SECTION 2.0

SCOPE OF SERVICES

ARCHITECT shall diligently and in a professional and timely manner perform the work included in the Agreement. Unless modified in writing by the Parties hereto, duties of ARCHITECT shall not be construed to exceed those services specifically set forth herein.

2.1 GENERAL

ARCHITECT agrees to perform those design and engineering services described in Exhibit “A” which is attached hereto and made a part hereof. Services to be provided by ARCHITECT shall be authorized in writing as Addenda in accordance with Section 2.3. Services under this Agreement do not include participation, whatsoever, in any litigation. Should such services be required, an Addendum may be negotiated between the CITY and the ARCHITECT describing the services desired and providing a basis for compensation to ARCHITECT.

2.2 SPECIAL SERVICES

CITY and ARCHITECT agree that there may be certain additional services required to be performed by ARCHITECT during the performance of the Agreement that cannot be defined sufficiently at the time of execution of this Agreement. Such services shall be authorized in writing as Addenda in accordance with Section 2.3, and shall be undertaken only under terms of formal amendments to this Agreement.

2.3 ADDENDA

Services to be provided by ARCHITECT, as defined in Sections 2.1 and 2.2, shall be authorized in writing as Addenda. Addenda to be provided shall be prepared on the Addendum Form, attached hereto and made a part hereof as Exhibit “B”. Each Addendum shall include: a detailed description of the work to be performed; a schedule of completion for the work authorized; and the amount and method of compensation. Addenda shall be dated and serially numbered. The Addenda may contain additional instructions or provisions specific to the authorized work for the purpose of expanding upon certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instructions or provisions shall not be construed as a modification of this Agreement.

SECTION 3.0

CITY'S RIGHT AND RESPONSIBILITIES

CITY shall provide the services described below in a timely fashion at no cost to ARCHITECT:

3.1 Furnish ARCHITECT with existing data, records, maps, plans specifications, reports, fiscal data, and other design and engineering information that is available in the Public Works & Engineering files necessary or useful to ARCHITECT for the performance of the Agreement. All such documents conveyed by CITY shall be and remain the property of CITY and shall be returned to CITY upon completion of the Agreement to be performed by ARCHITECT.

3.2 Make CITY personnel available where required and necessary to assist ARCHITECT. The availability and necessity of said personnel to assist ARCHITECT shall be determined solely at the discretion of the CITY.

3.3 Provide access to and make provisions for ARCHITECT to enter upon public lands and assist the

ARCHITECT in gaining access to private lands as required for ARCHITECT within a reasonable time, to perform surveys, observations, and other work as necessary to complete the Agreement.

3.4 Examine all reports, sketches, drawings, cost opinion proposals, and other documents presented by the ARCHITECT and render decisions, in writing, indicating CITY'S approval or disapproval within a reasonable time so as not to materially delay the work of the ARCHITECT.

3.5 Transmit instructions, relevant information, and provide interpretation and definition of CITY policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement.

3.6 Give prompt written notice to ARCHITECT whenever CITY observes, or otherwise becomes aware of, any development that affects the scope or timing of ARCHITECT's services, or become aware of any issue or changes necessary to the work of ARCHITECT.

3.7 Following ARCHITECT's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications.

3.8 Furnish approvals and permits from all governmental authorities having jurisdiction and such approvals and consents from others as may be necessary for completion of the Agreement not covered under the engineering Agreement.

SECTION 4.0

COMPENSATION

4.1 GENERAL

Compensation to ARCHITECT for services performed on each Addendum shall be in accordance with one of the following methods of compensation, as defined and indicated herein:

a. Lump Sum Method

b. Cost-Plus-Fixed Fee Method

c. Direct Labor Costs Method

The type and amount of compensation for each Addendum to be provided shall be described on the Exhibit “B”.

4.2 LUMP SUM METHOD

4.2.1 Lump sum compensation shall be the total fixed price amount payable under the Lump Sum

Method (including all payroll costs, overhead costs, other direct costs, fees, subconsultant and specialist costs) for the services to be provided in the Addendum unless there is a change in the scope of the work, or other conditions stipulated in the Addendum, and the Addendum is modified by both CITY and ARCHITECT to reflect the change by formal amendment to

4.2.2 Payment to ARCHITECT for services performed under an Addendum under the Lump Sum

Method shall be monthly in proportion to the percentage of work completed during the month as proposed by ARCHITECT and accepted by CITY.

4.3 COST-PLUS-FIXED FEE METHOD

Compensation for services performed under the Cost-Plus-Fixed Fee Method shall be based on reimbursement of actual costs incurred by ARCHITECT in its performance of services under an Addendum (hereinafter referred to as "Reimbursable Costs") plus a percentage Fixed Fee.

4.4 DIRECT LABOR COSTS METHOD

Compensation for services performed under the Direct Labor Costs Method shall be an amount equal to ARCHITECT's direct labor costs plus an overhead cost, as defined in Section 4.5.2, and a negotiated operating profit margin plus other "Reimbursable Costs", as defined in Section 4.5.3 and Section 4.5.4.

4.5 REIMBURSABLE COSTS

Reimbursable Costs are Direct Salary Costs, Overhead Costs, Subconsultant Costs, and Other Direct and Unit Costs, as are defined in Section 4.5.1 through Section 4.5.4.

4.5.1 DIRECT LABOR COSTS

Direct Labor Costs shall be defined as the actual wages and salaries paid to professional, technical and other personnel of ARCHITECT while such personnel are engaged directly in the performance of the services under this Agreement. A schedule of ranges of actual hourly rates currently paid by ARCHITECT, including its subconsultants, to classifications of personnel likely to be employed to perform services under this Agreement is contained in the Hourly Rate Schedule, attached hereto and made a part hereof as Exhibit “C”. Any revisions to said ranges of actual hourly rates shall be negotiated with and approved by CITY's Designated Representative (Section 6.2) prior to being charged.

4.5.2 OVERHEAD COSTS/OVERHEAD RATE

The Reimbursable Costs for ARCHITECT's Overhead Costs include allowances for Fringe Benefits and General and Administrative Overhead. The types of costs which are included in such Overhead Costs are those normally recorded and accounted for by ARCHITECT, as are generally defined in Section 4.5.2.1 and Section 4.5.2.2. Overhead Costs shall be calculated as a percentage of Direct Labor Cost (hereinafter referred to as "Overhead Rate").

The overhead rate shall be set at 10% The operating profit margin shall be negotiated between the CITY and the ARCHITECT for each Addendum.

4.5.2.1.Fringe Benefits

Fringe Benefits shall include, but not be limited to, the following:

a. Worker’s compensation insurance.

b. State and Federal unemployment insurance.

c. Employer contributions to Social Security.

d. Other payroll taxes.

e. Salary continuation insurance.

f. Life, medical, and dental insurance.

g. Vacation, sick leave, and holiday pay.

h. Incentive compensation.

i. Retirement benefits.

4.5.2.2. General and Administrative Overhead

General and Administrative Overhead includes the following indirect costs which are not identifiable as directly allocable to the Agreement:

a. Provisions for office, light, heat, and similar items for working space, depreciation allowances or rental of furniture, equipment and engineering instruments, automobile expenses, and office and drafting supplies.

b. Taxes and insurance, other than those included as Fringe Benefits, but excluding State and Federal income taxes and applicable sales taxes.

c. Library and periodical expense and other means of keeping abreast of advances in engineering, such as attendance at technical and professional meetings.

d. Executive, administrative, accounting, legal, stenographic, and clerical salaries and expenses, other than Agreement-identifiable salaries included in salary-related costs and Agreement-related expenses included in reimbursable non-salary expenses, plus salary or imputed salaries of principals, to the extent that they perform general executive and administrative services as distinguished from technical or advisory services directly applicable to the Agreement.

e. Business development expenses, including salaries of principals and salary costs of employees so engaged.

f. Provision for loss of productive time of technical employees between Agreements and for time of principals and employees on public interest Agreements.

4.5.3 SUBSCONSULTANT COSTS

This item includes costs and expenses incurred in connection with subcontracts and consulting agreements entered into by ARCHITECT with third parties with prior CITY approval, for performance of certain services which ARCHITECT agrees to render pursuant to this Agreement. Administrative surcharges for subcontractor services are not allowable costs. ARCHITECT's cost for subconsultant coordination must be delineated in the man-hour estimate for the respective task.

4.5.4 OTHER DIRECT COSTS

Other Direct Costs include the actual costs to ARCHITECT of project-related expenses that are required to complete the Agreement, as defined in the following paragraphs.

4.5.4.1 Equipment, Materials, and Supplies

This item includes all equipment, materials, and supplies used and consumed directly in the performance of the services hereunder not included in ARCHITECT's General and Administrative Overhead costs, as determined and defined in Section 4.5.2.2 above, such as:

special report binders; and costs of plans, drawings and reports from other public agencies, utility companies, and other like bodies. Any equipment or material items purchased solely for the performance of the Agreement covered by this Agreement which individually have a value in excess of $25.00, shall be the property of CITY and will be given to CITY at the termination of this Agreement.

4.5.4.2 Reproductions

This item includes the identifiable costs of copying, reproducing and printing of plans, specifications, sketches, drawings, reports, photographs and correspondence.

4.5.4.3 Communications and Shipping

This item includes identifiable long-distance communications, postage and express charges.

4.5.4.4 Travel and Subsistence

This item includes local and long-distance travel, subsistence, and transportation expenses of personnel for the performance of the Agreement, not to exceed rates and limits as established by CITY.

Such CITY limits are described in the City Travel and Subsistence Policy and Allowances Form, attached hereto and made a part hereof as Exhibit “D”.

4.5.4.5 Miscellaneous

This item includes any other identifiable project-related costs and expenses incurred by ARCHITECT in connection with the services performed under the terms of this Agreement that are not applicable to general overhead, including but not limited to: special equipment rental costs; costs for temporary personnel; and CADD services.

4.5.5 COST LIMITATION

4.5.5.1 The total of all Reimbursable Costs actually incurred by ARCHITECT, as determined and defined in Section 4.5.1 through Section 4.5.4, for services performed under an Addendum, will not exceed the Cost Limitation established for and indicated in the Addendum without a formal amendment to the Addendum.

4.5.5.2 If it becomes apparent at any time before the services to be rendered under an Addendum are about eighty (80) percent complete, that ARCHITECT's estimated total Reimbursable Costs for performance of services under an Addendum are forecasted by the CITY or ARCHITECT to exceed the Cost Limitation indicated in the Addendum, CITY and ARCHITECT shall meet to review the forecast and, if necessary, to either increase the Cost Limitation for the Addendum to provide additional cost recovery to ARCHITECT, or renegotiate the scope of services of the Addendum so that the Cost Limitation will not be exceeded. The results of any such review requiring modification to this Agreement will be detailed in a formal amendment to the Addendum.

4.5.5.3 CITY is not obligated to reimburse ARCHITECT for costs incurred in excess of the Cost Limitation indicated for the Addendum.

ARCHITECT’s liabilities, commitments, or expenditures incurred in excess of the Cost Limitation for an Addendum prior to approval by CITY shall be at the ARCHITECT's risk and expense, unless mutually agreeable to in writing by ARCHITECT and CITY.

4.5.6 FIXED FEE

In addition to the Reimbursable Costs described in Section 4.5, CITY shall pay

ARCHITECT a Fixed Fee when the ARCHITECT is compensated by the Cost-Plus- Fixed Fee Method. The amount of the Fixed Fee shall be negotiated between the CITY and ARCHITECT for each Addendum. The Fixed Fee is not subject to review, audit, or modification except as otherwise provided in the Addendum. The entire Fixed Fee for an Addendum will be due to ARCHITECT whether or not the Reimbursable Costs estimates are reached for the Addendum, unless the Agreement is terminated in Accordance with Section 8.0.

4.5.7 ADDENDUM PRICE

4.5.7.1 The total Addendum Price for each Addendum consists of: (1) lump sum price; (2) the sum of the Cost Limitation and Fixed Fee; or (3) the Direct Labor Cost times an overhead rate, as defined in Section 4.5.2, plus operating profit margin plus Other Direct Costs, which amount shall not be exceeded without formal amendment to the Addendum, unless Agreement is terminated in accordance with Section 8.0.

4.5.7.2 In the event any action or combination of actions taken pursuant to

Section 7.0, Changes in Scope, of this Agreement are estimated by ARCHITECT, with the written concurrence of CITY, to cause a material increase or decrease in the scope of services of any Addendum, an equitable adjustment to the Addendum Price shall be made. Any request by ARCHITECT or by CITY for an adjustment of the Addendum Price must be asserted in writing within forty-five (45) days from the date of receipt by ARCHITECT of CITY's notification of changed work, unless CITY shall grant a further period of time for such request resolution.

4.5.8 PROGRESS PAYMENTS TO THE ARCHITECT

4.5.8.1 For an Addendum performed under the Cost-Plus-Fixed Fee or Direct Labor Costs Method of compensation, ARCHITECT shall submit at the end of each monthly period an invoice of Reimbursable Costs incurred in such period. A Cost-Plus-Fixed Fee invoice shall also include an increment of the Fixed Fee earned in such a period. A Direct Labor Cost invoice shall include the overhead rate as stated herein plus the agreed upon operating profit margin. All invoices for Reimbursable Costs shall be itemized in an invoice format acceptable to CITY. All Reimbursable Costs included on the invoices shall be taken from books of accounts kept by ARCHITECT and shall be supported by ARCHITECT's monthly "Billing Cost Detail Report".

The portion of the Fixed Fee earned in such monthly period shall be determined on the basis of relative work progress accomplished in each monthly period as agreed by CITY's Designated Representative.

4.5.8.2 Each invoice is to be accompanied with a narrative statement from

ARCHITECT describing the work accomplished by ARCHITECT during the period covered by the invoice by reference to the tasks described in the Scope of Services contained in the Addendum.

4.6 INVOICE PROCESSING

Invoices received by CITY will be processed for payment within thirty (30) days of receipt by CITY.

ARCHITECT will be notified of any questionable items contained in invoices submitted by ARCHITECT within fifteen (15) days of receipt by CITY with an explanation of the deficiencies.

CITY will make every effort to resolve all questionable items contained in ARCHITECT's invoices within thirty (30) days of receipt of the invoices by CITY.

At the end of the thirty (30) day period, CITY shall pay ARCHITECT the invoice amount less any unresolved questionable items.

Invoices are to be forwarded directly to the following:

Department of Public Works & Engineering Attn: Robert Masiku, Public Works & Engineering Assistant Director

104 N. Alaska Avenue, Kissimmee, Florida 34741

CITY agrees that unpaid monthly invoices less any unresolved questionable items shall accrue interest based on the rate of 10 percent (10%) per annum, after they have been outstanding/unpaid for thirty (30) days after date of invoice. If ARCHITECT employs legal services to collect overdue amounts, CITY agrees to pay all costs of collection, including reasonable attorney's fees, whether action be brought or not.

4.7 PAYMENT IN THE EVENT OF AGREEMENT TERMINATION OR SUSPENSION

In the event that an Addendum of this Agreement is terminated or canceled, or ARCHITECT's services are suspended on an Addendum of this Agreement, prior to completion, payment shall be made in accordance with the…