RFQ2026004_Columbia_Ave_Complete_Street.pdf

* REQUEST FOR QUALIFICATIONS *

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

FPN: 456992-1-54-01

Project: Columbia Avenue Complete Street Request for Qualifications: RFQ2026004

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, December 30, 2025.

IV. All qualification packages shall be opened and read publicly in the City‘s Finance

Department 4th Floor Attn: Purchasing Division Conference Room, 101 Church Street, Kissimmee, Florida at 2:30 pm, December 30, 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. 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 Contents

1.0 GENERAL REQUIREMENTS

1.1 RFQ Preparation

1.2 Submission of RFQ

1.3 Delivery

1.4 Default

1.5 Late RFQs 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 RFQ’s Certification

1.12 “No RFQ Response”

1.13 Compliance with the Jessica Lunsford Act

1.14 Protests…

1.15 Clarification of Requirements

1.16 No Minors Permitted Pre-proposal

1.17 Payment of Costs…

1.18 Notices

2.0 SPECIAL PROVISIONS

2.1 Public Entity Crimes

2.2 Drug Free Workplace

2.3 CCNA

2.4 Brooks Act

2.5 Disadvantaged Business Enterprise (DBE) Program

2.6 E-Verify…

2.7 Allowable Costs

3.0 Scope of Work

3.1 Qualification Content

3.2 General Guidance Regarding Work

4.0 Evaluation and Selection of Qualifications

4.1 Selection Committee

4.2 Scoring Criteria

4.3 Negotiation

4.4 Award/Reservation

4.5 Agreement

5.0 PUBLIC RECORDS

5.1 CONE OF SILENCE………………………………………………………………………14

5.2 SOCIAL, POLITICAL OR IDEOLOGICAL FACTORS…………………………….….14

5.3 MISCELANEOUS INFORMATION……………………………………………………...14

Attachments

Composite Attachment A (Forms)

Attachment B (Contract)

Attachment C (Studies)

Exhibit A (Scope of Services)

1.0 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 QUALIFICATIONS

All qualifications packages shall be submitted in a sealed envelope on the forms included with this solicitation with the 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, 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.

1.4 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. 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.

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 been furnished request for request for qualification packages. 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 “NO 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 debbie.luke@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 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.

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.

2.0 TECHNICAL SPECIAL PROVISIONS

The Submitter shall provide Technical Special Provisions for all items of work not covered by the Standard Specifications for Road and Bridge Construction and the workbook of implemented modifications.

A Technical Special Provision shall not modify the first nine (9) sections of the Standard Specifications and implemented modifications in any way. All modifications to other sections must be justified to the City‘s Public Works and Engineering Department and be included in the project’s specification package.

The Technical Special Provisions shall be technical in nature and shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. Proposed Technical Special Provisions will be submitted to the City’s Public Works and Engineering for initial review at the time of the Phase III plans review submission to the City’s Project Managers. This timing will allow for adequate processing time prior to final submittal. The Technical Special Provisions will be reviewed for suitability in accordance with the Handbook for Preparation of Specifications Packages.

All comments will be returned to the consultant for correction and resolution. Final Technical Special Provisions shall be electronically signed and sealed in accordance with applicable Florida Statutes.

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 BROOKS ACT Each Consultant recognizes that the City must comply with all criteria set forth by the Federal Highway Administration “Brooks Act Requirements,” (FY 2006 Appropriations Act), in the selection process, 40 USC 1101-1104, 23 USC 112(b)(2)(A), and 23 CFR 172.5(a)(1).

2.5 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FDOT and the City encourage DBE firms to compete for professional service projects, and also encourage non-DBE Submitters to use DBE firms as sub-consultants. Contract specific goals are not placed on Federal/State contracts; however, the FDOT has an overall 10.65% goal. Use of DBE sub-consultants is not mandatory and no preference points will be given in the selection process for DBE participation.

Consultants are required to indicate their intention regarding DBE participation in the Professional Services Commitment Form (FDOT Form #375- 030-83) contained in Composite Attachment “A” to this Request for Qualifications and to submit that statement with the qualifications package. Submitter shall include this form as part of the contract and shall agree and affirm that all documents submitted remain valid, in full effect and without any material changes at the time of contract execution.

2.6 E-VERIFY The Consultant shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term.

2.7 ALLOWABLE COST The City will comply with federal principals to determine allowable costs in accordance with all applicable federal regulations.

3.0 SCOPE OF WORK

It is the intent of the Request for Qualifications for Professional Services (PS) to hire one (1) Florida Department of Transportation (FDOT) pre-qualified consulting engineering firm (hereinafter Consultant) under work type 3.2 to provide professional design services for Columbia Avenue Complete Street project from North Hoagland Boulevard to North Central Avenue, 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, Description, Purpose, Process, Deliverables and other applicable information.

Project Description:

The City of Kissimmee, Florida is proposing to design a complete streets project along Columbia Avenue from North Hoagland Boulevard to North Central Avenue. Total project length is approximately 2.3 miles. The limits of this project may also extend up to 500’ west of Columbia Avenue on Hoagland Boulevard and up to 500’ east of Columbia Avenue on North Central Avenue. Within the project limits, Columbia Avenue is fronted on both sides by a mixture of commercial, institutional, recreational, and multi-family land uses and lies within the Vine Street District.

As part of the City of Kissimmee’s ADA Transition Plan, there were numerous ADA deficiencies that were identified within the project limits. In addition, the existing sidewalk is narrow and frequently obstructed or narrowed by trees or utilities creating an unpleasant walking environment. The City of Kissimmee has adopted a Vision Zero goal to reduce the number of fatal and serious injury crashes within Kissimmee to zero by the year 2040. Therefore, this corridor has been identified for a complete street project that would not only correct existing deficiencies on the corridor but also construct elements that will increase safety for non-motorized and vulnerable users.

Project scope resulted from the Columbia Avenue Case Study prepared for Metroplan Orlando by Kittelson and Associates, Inc. in May of 2016.

This project will include reconstruction of the roadway, curb and gutter, sidewalks, curb ramps, driveways, streetscape elements, and will bring the entire corridor into compliance with the Americans with Disabilities Act (ADA). The project will also include construction of new features to enhance pedestrian and bicycle safety on the corridor including raised pedestrian refuge islands at strategic locations within the existing center turn lane, curb extensions at intersections and driveways, reconfiguration of the cross section to better protect bicycle traffic and improve the pedestrian space, and the installation of pedestrian oriented decorative lighting.

The project will also include an Interlocal Agreement with the Toho Water Authority (Toho) for utility adjustments and/or utility replacements as identified by Toho. In addition, to possible conflict relocations, Toho may assign portions of the existing system in the Project limits to be upgraded or rehabilitated which may include water, wastewater, reclaimed water, or gravity sewer. The selected firm will be responsible for including TOHO adjustments or upgrade plans as part of the City project plans.

This project will utilize a not-to-exceed payment, specific rates of compensation, or a combination thereof.

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 3.2: Major Highway Design. These types of work require at least two professional engineers, registered with the Florida State Board of Professional Engineers, having proficiency in civil engineering and at least two years of post registration experience in the design and preparation of plans for highways, one year of which must be in the category for which qualification is sought. This requirement can be met by the Prime and/or subconsultants.

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 whom 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”:

a. Professional Services Commitment (FDOT Form 375-030-83)

b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary

Exclusion for Federal Aid Contracts (FDOT Form #375-030-32)

c. Certification for Disclosure of Lobbying Activities on Federal Aid Contracts

(FDOT Form #375-030-33)

d. Disclosure of Lobbying Activities Form (FDOT Form #375-030-34)

e. Drug Free Workplace Certification

f. Public Entity Crimes Disclosure

g. Statement of No Proposal

h. Truth in Negotiation Certificate

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 actable as one page. 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 consultants shall commit to submitting all work products, draft and final, in both written form and electronically compatible with the City's computer hardware and software systems.

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.

4.0 EVALUATION AND SELECTION OF QUALIFICATIONS

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 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. The City will require proposers provide a presentation to the SC with subsequent oral interviews with the SC regarding the qualifications, ability to furnish the required services, and all criteria set forth herein. Interviews will consist of a maximum 20 minute presentation with 10 minutes of question and answer to follow. A maximum of five (5) presenters is requested unless additional team members are needed and are approved by the SC. The Purchasing Department will notify all proposers of the City’s decision to request presentations/interviews, as applicable. A formal letter will be sent to the shortlisted firms requesting presentations or interviews. Consultants will be notified in writing as to whether or not they have been shortlisted within two (2) weeks after the submittal date.

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

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

a. First Advertisement

b. Release to General Public

c. Non-Mandatory Pre-Qualification Meeting

d. Cut-off for questions to be answered via Addendum

e. Qualifications Opening

f. Evaluation & Selection Committee Meeting(s)

g. Short Listed Presentations

h. Board’s Authorization of Contract Negotiation

i. Notice To Proceed

November 23, 2025 November 23, 2025 December 10, 2025 December 12, 2025 5PM December 30, 2025 January 20, 2026 January 30, 2026 February 17, 2026

February 20, 2026

Non - Mandatory Pre-Qualifications meeting will be held at 10:00 AM, on Wednesday, December 10, 2025 in the Development Services Conference Room, on the 1st Floor, City Hall, Kissimmee.

Attendance is not mandatory.

4.2 SCORING CRITERIA

1. Work Task Qualification and Project Approach (40 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 which may include innovative concepts or alternatives. Ability to meet or exceed time requirements and quality control procedures may be considered.

2. Experience and Capability (40 Points): Information shall be included regarding consultants’ 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. The capabilities and adequacy of personnel shall be evaluated.

*In the case of a tie an alternate reviewer shall be assigned.

Interviews/Presentations - Shortlisted Firms:

During the interview and presentation process, emphasis shall be weighted upon criterion 4.2 (1-3) above as follows:

Work Task Qualification and Project Approach (50 Points): Detailed methodologies, proposed applications and overall project understanding (including innovative concepts or alternatives) must be clearly conveyed.

Experience and Capability (30 Points): The project team experience and approach as a unified collection.

Personnel Background Information (20 Points): Demonstration of specialized expertise of each of the professionals who will be directly responsible for the preparation of work tasks.

4.3 NEGOTIATION The Consultant with the highest qualifications chosen as a result of the Competitive Selection process shall negotiate a contract with the City including terms and compensation that is fair, competitive, and reasonable in accordance with 40 USC 1103, Section 287.055, Florida Statutes and Chapter 18 of the LAP, Florida Department of Transportation. The City may formally terminate negotiations and then undertake negotiations with the next most qualified of the selected Consultants, continuing the process until an agreement is reached. For Contracts over $195,000, a Truth in Negotiation Certification (FDOT Form #375- 030-30) will be required.

4.4 AWARD/RESERVATION A contract will only be awarded to a Consultant based on qualifications, considered acceptable to the City Commission and as a result of successful negotiations. The City reserves the right to accept any qualifications package which in its opinion best serves the interest of the City, to reject any or all packages or any parts thereof, and/or to waive technicalities or informalities.

4.5 AGREEMENT The contract between the City and the Consultant, referred to in Attachment “B” will contain, at a minimum the following primary points:

1. Scope of Services – Work activities, deliverables; number/type of meetings, presentations, etc. to be attended and/or provided; and use and ownership of documents produced.

2. Work Effort - Quantity and distribution of personnel required including sub-consultants.

3. Fee Proposal - Detailed staff hour estimates, a fee proposal, and support for all costs contained in the fee proposal.

4. Cost of Services - Overall loaded rates and sub-consultant costs.

5. Method of Compensations – Multiple Methods of Compensation:

a. Lump Sum Method - A negotiated fixed fee for specific tasks. Task authorizations will be negotiated jointly between the City and Submitter, as authorized in writing in a Letter of Authorization by the City, and will be reimbursed on a percentage completion basis, inclusive of labor and direct expenses, according to the amount of work performed for the period.

b. Specific Rate of Compensation – Overall loaded rates and sub-consultant costs.

c. Combination Method – Combination thereof.

6. Indemnification – The consultant shall indemnify, defend and hold harmless the City and the FDOT, its offices, agents and employees from and against any and all claims, losses or liability or any portion thereof, including attorney’s fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to consultant’s own employees or damage to property occasioned by a negligent act, omissions or failure of the consultant.

7. Standard Insurance Requirements – The consultant shall maintain, on a primary basis and at its sole expense, at all times while performing work for the City of Kissimmee, the “Standard Insurance Requirements” described herein.

Consultants responding to a Request for Qualifications shall provide with their submittal, a Certificate of Insurance (COI) or a letter from the insurance company stating required coverage is obtainable. Prior to commencement of any work being done for the City of Kissimmee, a COI will be required.

Commercial General Liability Insurance: The consultant shall maintain Commercial General Liability Insurance at a limit of liability not less than $1,000,000 each occurrence and $2,000,000 annual aggregate. Due to the nature of the work involved, Consultants performing program and/or contract management services are required to maintain $1,000,000 each occurrence and $1,000,000 annual aggregate. The coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Independent Consultants, Broad Form Property Damage, X-C- U Coverage, Contractual Liability or Cross Liability.

Business Automobile Liability Insurance: The consultant shall maintain Business Automobile Liability Insurance at a limit of liability not less than $1,000,000 each occurrence. Coverage shall include liability for owned.

Non-owned & hired automobiles. In the event the consultant does not own automobiles, the consultant shall maintain coverage for hired & non-owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy.

Worker’s Compensation Insurance & Employers Liability Insurance: The consultants shall maintain its own Worker’s Compensation Insurance & Employers Liability in accordance with Florida Statute Chapter 440.

(NOTE: Elective exemptions or coverage through an employee leasing arrangement will be on a case by case basis).

Umbrella or Excess Liability Insurance (needed for large contracts as determined by the City of Kissimmee Office of Management & Budget): The consultant shall maintain either a Commercial Umbrella or Excess Liability Insurance at a limit of liability not less than $2,000,000 each occurrence and $2,000,000 aggregate. The consultant shall endorse the City as an “Additional Insured” on the Umbrella or Excess Liability Insurance, unless the Commercial Umbrella/Excess Liability Insurance provides coverage on a pure “True Follow-Form” basis, or the City is automatically defined as an additional protected person.

Additional Insured: The consultant shall endorse the City as an Additional

Insured on the Commercial General Liability Insurance with a G2 2010 Additional Insured – Owners, Lessees, or Consultants, or CG2026 Additional Insured – Owners, Lessees, Consultants – Scheduled Person or Organization endorsement, or similar endorsement providing equal or broader Additional Insured coverage.

In addition, the consultant shall endorse the City as an Additional Insured under the consultant’s Commercial Umbrella/Excess Liability as required herein.

8. Compliance with Laws - Requirements for complying with State and Federal statutes pertaining to issues such as professional licensing rules and laws, public access to documents, employment of unauthorized aliens, and discrimination.

9. Termination Clause - CITY may, with thirty (30) days written notice to

CONSULTANT, terminate the contract for good cause shown before the termination date therein. Following termination CONSULTANT may recover from the CITY payment for all work satisfactorily completed in accordance with the contract which may be due and owing at the time of such termination.

If the CITY terminates the contract due to a default by CONSULTANT in performance of any provision therein, or it fails to carry out the work in accordance with the provisions of the contract documents, the CITY shall not be responsible for payment to CONSULTANT for any work in default or not completed in accordance with the provisions of the contract document.

CONSULTANT may, with 30 days written notice to the CITY and the CITY Representative, terminate this contract before the termination date hereof for good cause shown. On such termination, CONSULTANT may recover from the CITY for all work satisfactorily completed in accordance with the contract, including reimbursable expenses, which may be due and owing at the time of the termination date.

Prior to termination by default, CITY shall issue a written notice to CONSULTANT notifying of any default or deficiency in service that may be cause for termination.

CONSULTANT shall have ten (10) days from receipt of such notice to demonstrate a cure for the deficiency to the CITY’S satisfaction.

Either the CITY or the CONSULTANT may terminate the agreement for convenience with sixty (60) days prior notice. CONSULTANT may recover from the CITY for all work satisfactorily completed in accordance with the contract, including reimbursable expenses, which may be due and owing at the time of the termination date.

10. Record Retention - Submitter shall maintain records and make them available upon request for a period of five years after the final payment is made. Records include general accounting records, project records, supporting documentation, and subcontractor records. In the event that litigation, a claim or an audit is initiated prior to the expiration of five years, the records shall be retained unit the matter is resolved.

11. Errors and Omissions - Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of ENGINEER or its consultants, or both.

5.0 PUBLIC RECORDS:

Under chapter 119, Florida Statutes, all responses to this solicitation shall be considered public record subject to distribution pursuant to the request for records by any interested party. If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor’s duty to provide public records relating to this Contract, contact the Custodian of Public Records at 407-518- 2308, cityclerkemail@kissimmee.gov, and 101 Church Street, Kissimmee, Florida 34741. The Contractor shall keep and maintain public records required by the City to perform the service.

5.1 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 vendors, service providers and the like are prohibited from all communications regarding the solicitation with City staff, City consultants, City legal counsel, City Agents, or elected officials. Any vendor who 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.

5.2 SOCIAL, POLITICAL OR IDEOLOGICAL FACTORS:

Pursuant to Section 287.05701, Florida Statutes, as may be amended, the City cannot give preference to a Consultant based on the Consultant’s social, political, or ideological interest. 287.05701 Prohibition against considering social, political, or ideological interests in government contracting.

(1) As used in this section, the term “awarding body” means:

(a) For state contracts, an agency or the department.

(b) For local government contracts, the governing body of a county, a municipality, a special district, or any other political subdivision of the state.

(2) Restrictions on Ideological or Political Preference in Award Decisions:

(a) An awarding body may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor.

(b) An awarding body may not give preference to a vendor based on the vendor’s social, political, or ideological interests.

5.3 MISCELLANEOUS INFORMATION:

1. Project Personnel: All Consultants submitting qualifications shall be cognizant of the fact that this is a personnel services contract. Consultant shall advise the City of its assignment of a Project Director/Coordinator who shall be expected to remain with the firm throughout the project. In the event of a proposed change in the Project Director/Coordinator within 45 day of City Commission approval of the contract, the City reserves the right to approve said personnel change or terminate the Contract.

2. Reassignment of Contract: A selected Consultant shall not assign or transfer any of its rights, duties, benefits, obligations, liabilities, or responsibilities under the Contract with the City without the written consent of the City (except assignments to banks, trust companies, or other financial institutions). No assignments or novation’s of a Contract with the City shall be valid unless it expressly provides that the assignment of any of a selected Consultant's rights or benefits under the Contract is subject to prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for performance of the work under this Contract in favor of all persons, firms, or corporations rendering such labor or services or supplying materials, tools, and/or equipment.

3. Billing and Payment: Upon review and approval of Consultant’s invoice, the City shall pay Consultant in accordance with the Local Government Prompt Payment Act, Chapter 218, Part VII, Florida Statutes. The City of Kissimmee will pay all proper invoices submitted for supplies and/or services within 30 calendar days. To be considered a proper invoice it must be submitted in two

(2) copies to the City‘s Accounting 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.

4. Final Work Products: At the conclusion of all work by the selected Consultant, the work products shall become the sole property of the City.

5. Performance Evaluation:

At the end of the contract, the City will evaluate the Consultant’s performance within 30 days of final acceptance which will become public record. Completed performance evaluation forms shall be provided to the Consultant as part of the project closeout process. Final Contract language shall reflect as such.

6. Length of Service:

The services for this Construction Contract shall begin upon written notification to proceed by the City. Track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the City has been issued, the Consultant shall be ready to assign personnel within two weeks of notification. For the duration of the project, coordinate closely with the City and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor’s activities.

The anticipated schedule for design is as follows:

Project Highlight Submittal Date (Estimated) Contract Execution 12/15/2025 Kick off Meeting 12/20/2025 Planning Study 04/04/2026 30% Design (each phase) 06/04/2026 Public Outreach 06/29/2026 60% Design (each phase) 08/04/2026

90% Design (each phase) 11/04/2026 Public Outreach 11/29/2026 100% Design (each phase) 12/04/2026 Final Deliverable Package Due (each phase) 01/04/2027 Project Close Out 01/30/2027

Composite Attachment “A”

1. FEDERAL AID PROFESSIONAL SERVICES CONTRACTS FORM

2. DRUG FREE WORKPLACE CERTIFICATION

3. CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES

4. DISCLOSURE OF LOBBYING ACTIVITIES FORM

5. CONFLICT OF INTEREST

6. TRUTH IN NEGOTIATION CERTIFICATE

7. PUBLIC ENTITY CRIMES DISCLOSURE

8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION

9. PROFESSIONAL SERVICES COMMITMENT FORM

10. STATEMENT OF NO PROPOSAL

LOCAL AGENCY PROGRAM FEDERAL-AID TERMS

For PROFESSIONAL SERVICES CONTRACTS

375-040-84

LOCAL PROGRAMS

1/24

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds:

A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America.

B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for hire and will become the property of the Agency upon completion or termination without restriction or limitation on their use and will be made available, upon request, to the Agency at any time during the performance of such services and/or completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material and products or patent any invention developed under this agreement. The Agency will have the right to visit the site for inspection of the work and the products of the Consultant at any time.

C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding.

D. The Consultant shall provide access by the Florida Department of Transportation (recipient), the Agency

(subrecipient), the Federal Highway Administration, the U.S. Department of Transportation’s Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in

Federally-assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.

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

G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the

Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.

H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

I. Sanctions for Noncompliance: In the event of the…