RFQ2025-007__Woodside_Drainage_Improvements_-_Professional_Services_for_CEI.pdf

*REQUEST FOR QUALIFICATIONS*

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

Project: Woodside Drainage Improvements -- Professional Services for Construction Engineering &

Inspection (CEI)

Request for Qualifications: RFQ2025-007

II. All qualification packages must be submitted in a clearly marked original envelope (SEALED) along with one (1) marked original and seven (7) marked duplicates (a total of 8 copies) and two (2) electronic copies.

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, September 29, 2025.

IV. All qualification packages 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 at 2:30 pm, September 29, 2025.

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

VI. The Submitter's name and address shall be clearly shown on the exterior of the Sealed Envelope.

VII. The City reserves the right to accept and/or reject any or all qualification packages, with or without cause, to waive technicalities or to accept the qualification packages which, in its judgment, best serves the interest of the City of Kissimmee, Department review and concurrence required. Persons are advised that, if they decide to appeal any decision made concerning the award of this RFQ, 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. Submitters desiring a copy of the Abstract of Offers should include such request with a self-addressed stamped envelope in their RFQ.

Debbie Luke

Purchasing Coordinator

TABLE OF CONTENT

1. GENERAL REQUIREMENTS

1.1. RFQ PREPARATION

1.2. SUBMISSION OF QUALIFICATION

1.3. DELIVERY

1.4. DEFAULT

1.5. LATE REQUEST FOR QUALIFICATIONS AND WITHDRAWAL OF OFFERS

1.6. QUALIFICATION EVALUATIONS AND AWARD

1.7. SAMPLES

1.8. SILENCE OF SPECIFICATIONS

1.9. WARRANTY

1.10. ADDENDUMS

1.11. QUALIFICATIONS & CERTIFICATION

1.12. REQUEST FOR QUALIFICATION & RESPONSE

1.13. COMPLIANCE WITH THE JESSICA LUNSFORD ACT

1.14. PROTEST

1.15. CLARIFICATION OF REQUIREMENTS

1.16. NO MINORS PERMITTED PRE-REQUEST FOR QUALIFICATION

1.17. PAYMENT OF COSTS

1.18. NOTICES

1.19. PROHIBITION ON CONTRACTORS DRAFTING SPECS

1.20. COST ANALYSIS FOR NON-PRICE-BASED SELECTIONS

1.21. COMMUNITY DEVELOPMENT BLOCK GRANT-MITIGATION (CDBG-MIT) FUNDS

1.22. SOLID WASTE DISPOSAL ACT

1.23. FEDERAL CONTRACT PROVISIONS – 2 CFR 200 APPENDIX II

2. SPECIAL PROVISIONS

2.1. PUBLIC ENTITY CRIMES

2.2. DRUG FREE WORKPLACE CERTIFICATION

2.3. CCNA

2.4. MINORITY BUSINESS ENTERPRISE / WOMEN BUSINESS ENTERPRISE (MBE/WBE) PARTICIPATION

2.5. E-VERIFY

2.6. ALLOWABLE COST

2.7. NON-MANDATORY CONFERENCE

2.8. THE DAVIS-BACON ACT APPLIES AS FOLLOWS

2.9. HUMAN TRAFFICKING AFFIDAVIT

3. SCOPE OF WORK

3.1. QUALIFICATION CONTENT

3.2. GENERAL GUIDANCE REGARDING WORK

4. EVALUATION AND SELECTION OF QUALIFICATION

4.1. SELECTION COMMITTEE

4.2. SCORING CRITERIA

4.3. NEGOTIATION

4.4. AWARD/RESERVATION

4.5. AGREEMENT

5. MISCELLANEOUS INFORMATION

ATTACHMENT “A”

FORMS

ATTACHMENT “B”

SAMPLE PROFESSIONAL SERVICES AGREEMENT

ATTACHMENT “C”

PROJECT LOCATION MAP

EXHIBIT “A”

SCOPE OF SERVICES

1. GENERAL REQUIREMENTS

1.1. RFQ PREPARATION

Submission of qualifications in response to this solicitation shall evidence the submitter’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 RFQ schedule. Each Submitter is responsible for the completeness and accuracy of their qualifications. Submitters 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 qualification packages will be rejected. Stamped or otherwise reproduced signatures are not acceptable. Erasures or other changes must be initialed by the person signing the RFQ. Submitters 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 RFQ being declared non-responsive.

1.2. SUBMISSION OF QUALIFICATION

All qualifications packages shall be submitted in a sealed envelope on the forms included with this solicitation with Submitter’s name and address and RFQ number plainly marked on the exterior of the envelope. Timely submission of qualifications 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 timekeeper for the U.S. Facsimile or telegraphed qualifications will not be accepted.

1.3. DELIVERY

Exact delivery time frames or dates must be shown on the RFQ, as needed, “(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.

1.4. DEFAULT

Should the successful Submitter 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, the City of Kissimmee reserves the right to cancel the contract for default and to award this contract to the next most qualified firm, Department review and concurrence required. The Submitter in default may be held liable for any added cost to the City of Kissimmee incurred as a result of such action.

1.5. LATE REQUEST FOR QUALIFICATIONS AND WITHDRAWAL 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, for a period of 60 days.

1.6. QUALIFICATION EVALUATIONS AND AWARD

All qualifications received will be evaluated based on one or more of the following factors: Experience and

Capabilities, Personnel Background Information, Work Task Qualifications, Financial Capability, Required

Documents, and other applicable factors. The 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; and accept the qualifications which in its judgment, best services the interest of the City staff, Department review and concurrence required.

Submitters are cautioned that no communication with any CITY 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. Questions regarding the status of any submittals should be directed to the Purchasing Coordinator. RFQ awards will be posted in the Purchasing Office after City Commission

Approval. Submitters are responsible for following up on the status of any submittals. The CITY will only notify successful consultant(s).

1.7. SAMPLES

The CITY may, at its discretion, require submission of samples for inspection and testing. When specifications require such submissions, all costs for such samples, including postage, will be the responsibility of the

Submitter. Samples that are not consumed in the evaluation process or determined necessary for comparison with future deliveries may be returned at the Submitters request and at the submitter’s expense. The City will not be held liable for any sample provided.

1.8. SILENCE OF SPECIFICATIONS

The silence of these specifications regarding exact details of any product or service required shall be regarded as meaning that only the best commercial practices will prevail and that only materials of first quality and correct type, size, or design are to be used. All workmanship will be of first quality. Unless otherwise specified all products provided as a result of this solicitation will be new, the latest model in production, and in compliance with the enclosed specifications.

1.9. WARRANTY

All warranties for products or services provided under any contract resulting from this solicitation will meet or exceed that warranty offered the providers most favored customer and in no instance will be less than an unlimited twelve-month non-prorated warranty. If individual specifications contained herein require a warranty in conflict with this provision, the warranty provisions of the individual specification shall prevail.

1.10. ADDENDUMS

In the event modifying addenda to the basic solicitation are issued, the City of Kissimmee will attempt to provide such addenda to all submitters who have received the Request for Qualifications (RFQ) packages from the City. However, it shall be the Submitter’s responsibility to verify with the Purchasing Office before the package is submitted whether or not addenda have been issued and to obtain such addenda for inclusion in its submittal. Receipt of any addenda issued must be acknowledged on the qualifications schedule.

1.11. QUALIFICATIONS & CERTIFICATION

By signature on this submittal, Submitter certifies as to its own organization, that in connection with this RFQ process:

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

B. The qualifications have been submitted independently, without consultation, collusion, communication, or agreement with any competitor or other submitter;

C. That the Submitter has not divulged or discussed its offer with other submitters;

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

1.12. REQUEST FOR QUALIFICATION & RESPONSE

CONSULTANT electing to not submit qualifications package 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 RFQ lists.

1.13. COMPLIANCE WITH THE JESSICA LUNSFORD ACT

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

1.14. PROTEST

Any protest must be made within three (3) days following posting of the RFQ award. Protest procedures are available from the City of Kissimmee Finance Department 4th Floor, Attn: Purchasing Department, 101 Church

Street, Kissimmee, FL 34741.

1.15. 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, Purchasing Coordinator at 101

Church Street, Kissimmee, Florida 34741 OR BY EMAIL to procurement@kissimmee.gov. All inquiries must be received by the “Final Date for Questions and Answers” as outlined in the CEI RFQ schedule. Phone inquiries will not be responded to. However, unless modified by a written addendum issued by the Purchasing

Coordinator, 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 Purchasing Coordinator for the CITY. Any interpretation provided to any submitter in response to inquiries regarding this solicitation which may affect the outcome of this qualifications package will be furnished in writing to all submitters who have received RFQ packages.

mailto:procurement@kissimmee.gov

1.16. NO MINORS PERMITTED PRE-REQUEST FOR QUALIFICATION

No minor children are permitted to accompany submitters during pre-qualifications conferences, qualifications opening, or site tour.

1.17. PAYMENT OF COSTS

All costs incurred in the preparation and submission of a proposal, or negotiations concerning a proposal, shall be borne solely by the Submitter submitting the proposal.

1.18. NOTICES

Notice of Award, RFQs currently available, and tabulation sheets are available online. A link to this website is available through the CITY’s Web Page http://www.kissimmee.gov , under the Finance Department, Purchasing. Submitters, who do not have Internet access, may request a copy of the tabulation by enclosing a stamped, self-addressed envelope with the qualification’s response.

1.19. PROHIBITION ON CONTRACTORS DRAFTING SPECS

Pursuant to 2 CFR 200.318(b), any contractor or consultant who develops or drafts specifications, requirements, statements of work, or invitations for bids or requests for qualifications is prohibited from competing for such procurements.

1.20. COST ANALYSIS FOR NON-PRICE-BASED SELECTIONS

In accordance with 2 CFR 200.323, a cost or price analysis shall be conducted when price is not used as a selection factor or when only one response is received.

1.21. COMMUNITY DEVELOPMENT BLOCK GRANT-MITIGATION (CDBG-MIT) FUNDS

This Request for Qualifications (RFQ) is issued in accordance with the guidance provided in the Federal Register

Notice 84 FR 45838, dated August 30, 2019, which outlines requirements and procedures related to the use of

Community Development Block Grant-Mitigation (CDBG-MIT) funds.

1.22. SOLID WASTE DISPOSAL ACT

In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA) of 1976 (42 U.S.C. § 6962), and 2 CFR § 200.323, all contractors and subcontractors shall comply with applicable requirements regarding the procurement of recovered materials. Although CEI services typically do not involve direct material procurement, the selected firm shall, where practicable, ensure that any products or materials used in performance of their services incorporate recycled content and environmentally sustainable practices, consistent with EPA guidelines. The City encourages the use of environmentally preferable materials and practices in all aspects of service delivery.

http://www.kissimmee.gov/

1.23. FEDERAL CONTRACT PROVISIONS – 2 CFR 200 APPENDIX II

The following provisions are incorporated in full into this solicitation and any resulting contracts, subcontracts, and lower-tier agreements, as required under 2 CFR Part 200, Appendix II and other applicable federal regulations:

Appendix II to Part 200(A) REMEDIES: Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition

Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Appendix II to Part 200(B) TERMINATION for CAUSE & CONVENIENCE: All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement.

Appendix II to Part 200(C) EQUAL OPPORTUNITY & NON-DISCRIMINATION: Equal Employment Opportunity.

Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR

60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order

11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of

Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Appendix II to Part 200(D) DAVIS-BACON ACT (1): Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-

Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and

3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions

Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.

Appendix II to Part 200(D) DAVIS-BACON ACT (2): The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Appendix II to Part 200(D) DAVIS-BACON ACT (3): The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations

(29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Appendix II to Part 200(E) CONTRACT WORK HOURS AND SAFETY STANDARDS ACT: Contract Work Hours and

Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part

5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Appendix II to Part 200(F) RIGHTS to INVENTIONS: Rights to Inventions Made Under a Contract or Agreement.

If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR

Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government

Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Appendix II to Part 200(G) CLEAR AIR ACT & FEDERAL WATER POLLUTION CONTROL ACT: Clean Air Act (42

U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—

Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-

Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the

Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-

1387). Violations must be reported to the Federal awarding agency and the Regional Office of the

Environmental Protection Agency (EPA).

Appendix II to Part 200(H) DEBARMENT & SUSPENSION: Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp.,

p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Appendix II to Part 200(I) BYRD ANTI-LOBBYING: Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) 200.323 Procurement of recovered materials.

(a) A recipient or subrecipient that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource

Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part

247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

(b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order

14057, section 101, Policy.

(K) 200.216 Prohibition on certain telecommunications and video surveillance equipment or services.

(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

(1) Procure or obtain covered telecommunications equipment or services;

(2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or

(3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.

(b) As described in section 889 of Public Law 115-232, “covered telecommunications equipment or services” means any of the following:

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua

Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment;

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the

Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(c) For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(d) In implementing the prohibition under section 889 of Public Law 115-232, heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses, institutions, and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained.

(e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports.

(f) For additional information, see section 889 of Public Law 115-232 and § 200.471.

(L) 200.322 Domestic preferences for procurements.

(a) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States

(including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards.

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;

aggregates such as concrete; glass, including optical fiber; and lumber.

(c) Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy

America preferences set forth in 2 CFR part 184.

The Buy America Preference does not apply to expenditures for assistance authorized under section 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 16 5170c, 5172, 5174, or 5192) relating to a major disaster or emergency declared by the President under section 401 or 501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre and post disaster or emergency response expenditures. Do not include a certification form or language requiring the contractor to comply with

BABA.

SECTION 3: Contracts subject to the requirements of Section 3 of the Housing and Urban Development (HUD)

Act of 1968, as amended (12 U.S.C. §1701u), must include "the Section 3 clause" pursuant to 24 CFR Part 75.

The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain

HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons.

SECTION 3 CLAUSE

A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and

Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement

Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The contractor agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24

CFR part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled

(1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 135.

F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section

7(b) of the Indian Self-Determination and Education Assistance Act (25U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.

Parties to this contract that are subject to the provisions of Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

2. SPECIAL PROVISIONS

2.1. PUBLIC ENTITY CRIMES

A person or affiliate who has been placed on the convicted Submitter list following a conviction for a public entity crime may not submit a qualifications package on a contract to provide any goods or services to a public entity, submit a qualifications package on a contract with a public entity for the construction or repair of a public building or public work, submit a request for qualification package on leases of real property to a public entity, be awarded or perform work as a contractor, supplier, subcontractor, or Submitter 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 287.0l7, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

2.2. DRUG FREE WORKPLACE CERTIFICATION

The Drug-Free Workplace Certification shall be included with the qualifications package, if applicable.

2.3. CCNA

Each CONSULTANT submitting qualifications package certifies that it has full knowledge of, and understands that City must comply with, the “Consultants’ Competitive Negotiation Act" (Section 287.055, Florida Statutes) in the selection of a CONSULTANT.

2.4. MINORITY BUSINESS ENTERPRISE / WOMEN BUSINESS ENTERPRISE (MBE/WBE) PARTICIPATION

In accordance with 2 CFR 200.321(b), the City is committed to promoting participation by Minority Business

Enterprises (MBE) and Women Business Enterprises (WBE) in all procurement activities. To support this commitment, the following requirements apply:

o MBE/WBE firms shall be included on solicitation lists and actively solicited whenever they are eligible sources.

o Procurement transactions may be divided into smaller parts when feasible to encourage maximum

MBE/WBE participation.

o Delivery schedules shall be established to facilitate participation by MBE/WBE firms.

o The City will utilize resources such as the Small Business Administration and the Minority Business

Development Agency to enhance outreach and engagement with MBE/WBE firms.

o The prime contractor, if subcontracts are awarded, shall be required to comply with these MBE/WBE participation provisions consistent with federal regulations.

o The City encourages all proposers to demonstrate good faith efforts to involve MBE/WBE firms in their teams.

2.5. E-VERIFY

Executive Order 11-116, signed May 27, 2011, by the Governor of Florida requires contractors, subcontractors, and consultants performing work or services pursuant to the CDBG-MIT sub recipient agreement use the E-

Verify system to verify the employment eligibility of all new employees hired by the contractors, subcontractors, and consultants during the term of the contract.

2.6. ALLOWABLE COST

Determination of allowable costs in accordance with the Federal cost principles will be performed for services rendered under the contract.

2.7. NON-MANDATORY CONFERENCE

A non-mandatory conference will be held at 10:00 a.m. on September 10, 2025, in the City Hall Development

Services, 1st Floor, City Hall, located at 101 Church Street, Kissimmee, Florida 34741. Any questions from this proposal should be addressed to email: procurement@kissimmee.gov, questions deadline will be set for 4:00 pm, September 12, 2025, followed by an addendum from Procurement.

2.8. THE DAVIS-BACON ACT APPLIES AS FOLLOWS

The Davis–Bacon Act of 1931 is a federal law that establishes the requirement for paying the local prevailing wages on public works projects for laborers and mechanics. It applies to “contractors and subcontractors performing on federally funded or assisted grants and contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works”.

The applicable Davis-Bacon wage determination for this project is FL20250263, dated 01/03/2025, as required under 2 CFR Part 200, Appendix II. While the professional services solicited under this RFQ are not directly mailto:procurement@kissimmee.gov subject to Davis-Bacon wage requirements, the selected CEI firm will be responsible for monitoring and verifying contractor compliance with applicable Davis-Bacon provisions during construction.

Please note that the referenced wage determination is subject to change based on the contract award

(adjudication) date of the construction contract.

2.9. HUMAN TRAFFICKING AFFIDAVIT

In accordance with Section 787.06(13), Florida Statutes, all vendors responding to this RFQ must submit a

Human Trafficking Affidavit, affirming that they and their affiliates are not engaged in human trafficking, as defined by the statute. The affidavit must be signed and submitted along with your RFQ response. A copy of the affidavit form is included in Attachment “A”.

3. SCOPE OF WORK

It is the intent of the Request for Qualifications for Construction Engineering and Inspection Services (CEI) to hire one (1) Florida Department of Transportation (FDOT) pre-qualified consulting construction engineering and inspection services firm (hereinafter Consultant) under work type 10.0 to provide construction engineering and inspection services for Woodside Drainage Improvements project, in accordance with Rule Chapter 14-75, Florida Administrative Code.

It is the intent and purpose of this solicitation to promote completion. It shall be the proposer’s responsibility to advise the Procurement Services Representative at the address noted above, if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits completion or if the requirements stated in this document limits it to a single source. Such notification must be submitted in writing and must be received by the Procurement Services Representative no later than ten (10) calendar days prior to the proposal closing date.

See Exhibit “A” for a detailed Scope of Services including Project Information, Process, Deliverables, and other applicable information.

Project Description:

This project is funded through the Community Development Block Grant – Mitigation (CDBG-MIT) program, with funds awarded by the Florida Department of Commerce. The source of these federal funds is the U.S.

Department of Housing and Urban Development (HUD), as authorized by Federal Register Notice 84 FR 45838, dated August 30, 2019. The CDBG-MIT funds are designated specifically to fund the construction project. The

Construction Engineering Inspection (CEI) services procured through this Request for Qualifications (RFQ) will be funded using local (non-federal) funds.

The work begins at Heron Ditch at Dyer Boulevard and continues to the west through the Kissimmee Gateway

Airport to the outfall at Shingle Creek. A 72” storm sewer will be constructed from the Heron Ditch, under Dyer

Boulevard, and into the existing airport ditch. The existing ditch within the airport will be regraded and armored. A 72” storm sewer will be constructed from the airport ditch, under Hoagland Boulevard, to the existing ditch along the Kissimmee Trail. The existing ditch along the Kissimmee Trail will be regraded and armored.

In addition to the drainage improvements, existing utilities within the project corridor will be relocated. This includes a 16-inch reclaimed water main, a 16-inch potable water main, and a 20-inch sanitary force main in the vicinity of Hoagland Boulevard. A 30-inch sanitary force main will also be relocated adjacent to the ditch within the airport and along Dyer Boulevard. Additionally, a 12-inch potable water main and a 30-inch reclaimed water main will be relocated in the area of Dyer Boulevard.

Project Map Location shown in Attachment “C”.

The construction engineering and inspection services shall include contract administration, inspection, and materials sampling and testing for the construction projects listed above.

3.1. QUALIFICATION CONTENT

1. Personnel Background Information: Information shall be included regarding the educational background and experience of each of the professionals who will be directly responsible for the preparation of work tasks. A minimum of three (3) client references for similar projects performed by this firm, two (2) of which should be Municipal, County or State Agencies.

2. Work Task Qualifications: A narrative addressing the work tasks discussed in this request for qualifications shall be submitted. This narrative should discuss the methodology that would be used to accomplish the work tasks and previous experience with similar tasks. Define your firm's understanding of the project, scope and approach or approaches to successful completion, specialized skills available, special considerations and possible difficulties in completing the project as specified.

Suggested changes, if any, in the Scope of Work as outlined in this RFQ. Innovative ideas that work within the parameters of the program are encouraged. A detailed statement that explains how the consultant will provide services to design and prepare a complete set of construction contract documents in consistency w/ the Scope of Services and other document requirements as reference in the said scope.

3. Type of Work 10.1, 10.3 and 10.4:

10.1-Roadway CEI: This type of work requires at least one professional engineer, registered with the

Florida State Board of Professional Engineers, having at least two years of responsible charge experience as project engineer on a roadway construction inspection project. This requirement can be met by the prime and/or sub consultants.

10.3-Construction Material Inspection: This type of work requires a minimum of one professional engineer, registered with the Florida State Board of Professional Engineers, having at least three years of responsible experience in bridge or roadway construction inspection. This requirement can be met by the prime and/or sub consultants.

10.4- Minor Bridge and Miscellaneous Structures CEI. This type of work requires at least one professional engineer, registered with the Florida State Board of Professional Engineers, having a minimum of five years experience in the performance of CEI for Type of Work 10.4; and two engineers/project administrators having a minimum of three years each CEI for Type of Work 10.4;

This requirement can be met by the prime and/or sub-consultants.

4. Financial Capability: CONSULTANTS shall submit a financial status report covering their activities in sufficient detail to demonstrate that they are financially sound and secure. Recent annual and quarterly reports, if available, should be included with the submittal. A list of partners, i.e. title companies, mortgage lenders, contractors, etc.

5. Other Information: Other information needed to indicate consultant qualifications for performing the work. Names and telephone numbers of persons who can be contacted regarding the consultants’ performance on previous projects should be submitted. The request for qualifications package shall state the name of the firm, the name of the contact person, and the address, and telephone number of the contact person. An individual authorized to represent the consultant shall sign the qualifications package.

6. City, State and Federal Forms to be submitted at the time of submittal of qualifications shall be included as part of the contract and are enclosed herein as composite Attachment “A”:

1. Acceptance of Proposal Terms & Conditions

2. Drug Free Workplace Certification

3. Conflict of Interest Statement

4. Public Entity Crimes Disclosure

5. Statement of No Proposal

6. Truth in Negotiation Certification

7. Human Trafficking Affidavit

IT SHOULD BE NOTED:

The intent of the page limitations is to avoid large and unnecessary submittals that may be redundant, so please, limit the amount of information provided using discretion based on the content of the RFQ. Double sided pages are acceptable as one page. Addendum question through the City’s Purchasing Department.

Clarification and/or a specific request can be made via a formal Addendum question through the City’s

Purchasing Department.

3.2. GENERAL GUIDANCE REGARDING WORK

1. Work Methodologies & Submittals: Work methodologies shall be established with the approval of the

City and suitably documented efforts should be made to obtain incremental approvals of work from the City. The City shall review various phases of the consultant’s operations, such as construction inspection, materials sampling and testing, and administrative activities, to determine compliance with the agreement. Cooperate and assist the City representatives in conducting the reviews.

2. Meetings: All meetings shall be in accordance with a program designed by City staff and found to be mutually agreeable to both City staff and the consultant.

3. Staff Assistance: City staff can perform only limited work on this project. City staff will provide copies of reports, maps, files, and other information but will not perform original data collection, information transcription, calculations, mapping, or other data processing. City staff will answer questions during interviews, schedule and attend meetings, and review and comment on submittals.

4. EVALUATION AND SELECTION OF QUALIFICATION

4.1. SELECTION COMMITTEE

1. Qualifications will be evaluated, scored, and short-listed by a Selection Committee (“SC”) based on weighted criteria established herein.

2. The SC shall be comprised of qualified City staff members and/or professional City advisors recommended by the Purchasing Department in coordination with the requesting department. The composition of the committee shall promote diversity through the selection of qualified members representing various City offices, departments, and/or professional advisors. The Purchasing

Department representative shall be the non-voting chair of the committee.

3. The Purchasing Department Representative shall perform the initial review of all qualifications submitted for initial qualifications certification. This entails checking with the appropriate professional regulatory agency to ensure proper professional licensing and checking that the construction engineering and inspection firm is at least minimally qualified based upon its capabilities, adequacy of personnel, past record of performance, and experience. A checklist of the essential items required by the solicitation shall be prepared by the Purchasing Department representative and presented to the

SC prior to its first meeting.

4. In the event of a tie between prospective proposers, the City will require the tied proposers to provide a presentation to the Selection Committee (SC), followed by oral interviews regarding the qualifications, ability to furnish the required services, and all criteria set forth herein. Interviews will consist of a maximum 20-minute presentation, followed by a 10-minute question-and-answer session.

A maximum of five (5) presenters is requested, unless additional team members are necessary and are approved by the SC. The City’s Purchasing Department will notify all proposers of the City’s decision to request presentations or interviews. A formal letter will then be sent to the shortlisted firms requesting presentations or interviews. All consultants will be notified in writing of their shortlisting status—whether or not they are shortlisted—within two (2) weeks after the submittal deadline.

Decisions of the SC regarding interviews are final. Based upon the final presentation scoring, the SC will recommend a Consultant to the City Commission.

5. Anticipated procurement scheduling of the CEI RFQ process is as follows:

Activity Duration

(Calendar Days) Activity Schedule

Advertisement for RFQ 0 August 31, 2025

Non-Mandatory Pre Proposal Conference 10 September 10, 2025

Final Date for Questions and Answers 2 September 12, 2025

Final Addendum (If applicable) 7 September 19, 2025

RFQ Proposals Opening 10 September 29, 2025

Evaluation and Selection Committee Meeting(s) 10 October 9, 2025

Interviews/Presentations - Shortlisted Firms 11 October 20, 2025

Negotiation with Selected Top Ranked Consultant 10 October 30, 2025

Board’s Authorization of Contract Concurrence 19 November 18, 2025

Contract with the Selected Top Ranked Consultant 8 November 26, 2025

Notice To Proceed to CEI Consultant 0 November 26, 2025

4.2. SCORING CRITERIA

1. Work Task Qualification and Project Understanding/Approach (35 Points): A narrative addressing the work tasks discussed in this request for qualifications shall be submitted. This narrative should discuss the methodology that would be used to accomplish the work tasks and previous experience with similar tasks. A clear project understanding must be conveyed. Ability to meet or exceed time requirements and quality control procedures may be considered.

2. Experience and Financial Capability (45 Points): Information shall be included regarding Consultant’s background, team experience, competence and qualifications meeting local, state, and federal requirements. The quality, quantity and relevance of the Consultant’s previous experience will be considered.

3. Personnel Background Information (20 Points): Information shall be included regarding the educational background, experience, and specialized expertise of each of the professionals who will be directly responsible for the preparation of work tasks. Also, the workload of each professional who will be directly involved with the work tasks shall be delineated. Information regarding the accessibility of consultant personnel shall be included.