HomeMy WebLinkAboutItem V(C) Approval and Authorization to Award Three (3) Continuing Contracts for RFQ #0403 for Surveying and Mapping Services; and Authorization for Mayor and City Clerk to Execute All Documents Agenda 10-05-04
be Center of Good i j,. Item V.C.
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CITY OF OCOEE
AGENDA ITEM COVER SHEET
Date: September 24, 2004 Meeting Date: October 5, 2004
Subject: Award of RFQ#0403 Continuing Contracts for Surveying and Mapping Services
Issue: Award Continuing Contracts for Surveying and Mapping Services to the three(3)short-
listed firms recommended by the Selection Committee.
Recommendation: Staff recommends that the City Commission award three(3)Continuing
Contracts for RFQ#0403 to Southeastern SurveyingProfessional Engineering Consultants(PEC),
and Weidener Surveying,as the top three(3)short-listed firms, and to authorize Staff to proceed with
contract negotiations with the selected firms,and authorize the Mayor,City Clerk,and staff to execute all
necessary contract documents with Southeastern Surveying,Professional Engineering Consultants(PEC),
and Weidener Surveying.
Background Summary: The City's continuing contracts for surveying and mapping services have
either expired or are non-existent. In compliance with State Statutes Section 287.055 and the policies and
procedures of the City of Ocoee Code Chapter 21,a Request for Qualifications(RFQ)was advertised
with the intention to award continuing contracts for surveying and mapping services to no fewer than
three(3)firms deemed to be the most highly qualified to perform the required services.Firms selected by
the City will provide surveying and mapping services to the City on an as needed basis,where the
professional fees are under$50,000 and construction costs are under$1 million,based upon task orders to
be issued by the City under the continuing contracts.The contracts shall automatically be renewed
annually unless terminated by the City, for a maximum of five(5)years from the date of execution.
Fiscal Impacts: None
Commission Action:
Reviewed by City Manager /(071111 .
Reviewed by City Attorney_ or y d afted contracts _X_N/A
Reviewed by Finance N/A
Reviewed by N/A
Mayor Center of Good Lj,. Commissioners
S. Scott Vandergrift ��?e �_1�' Danny Howell, District 1
1,i, � Scott Anderson, District 2
City ManagerCOE4' Rusty Johnson, District 3
Robert Frank _ Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Joyce Tolbert, Buy
THROUGH: Wanda Horton, Finance Director
,:::;/7—kk
DATE: September 24, 2004
RE: Award of RFQ #0403 Continuing Contracts for Surveying and Mapping Services
ISSUE
Award Continuing Contracts for Surveying and Mapping Services to the three (3) short-listed firms
recommended by the Selection Committee.
BACKGROUND/DISCUSSION
The City's continuing contracts for surveying and mapping services have either expired or are non-
existent. In compliance with State Statutes Section 287.055 and the policies and procedures of the City of
Ocoee Code Chapter 21, a Request for Qualifications (RFQ)was advertised with the intention to award
continuing contracts for surveying and mapping services to no fewer than three(3) firms deemed to be the
most highly qualified to perform the required services. Firms selected by the City will provide surveying
and mapping services to the City on an as needed basis,where the professional fees are under$50,000
and construction costs are under$1 million, based upon task orders to be issued by the City under the
continuing contracts. The contracts shall automatically be renewed annually unless terminated by the
City, for a maximum of five (5)years from the date of execution.
The Finance Department reviewed the qualification packages and all were considered responsive.
Complete copies of all qualification packages are available in the Finance Department for your review.
All eleven (11) qualification packages were evaluated by the RFQ Selection Committee, which consisted
of five (5) members: Commissioner Scott Anderson; David Wheeler, Public Works Director; Robert
Zaitooni,Deputy Public Works Director; Alex Nasser, Engineer; and Ed Bishop, Accountant.
The public RFQ selection committee meeting was held on Thursday September 16, 2004, with each
member of the Selection Committee evaluating and ranking the firms from 0-100 points on specific
evaluation criteria, with a total of 500 possible points. Please see the attached evaluation form. The
Selection Committee opted to short-list the required three (3) firms with an alternate option for
negotiation purposes only. The top three(3) short-listed firms and their rankings are as follows:
1. Southeastern Surveying 433 Points
2. PEC Professional Engineering Consultants 414.5 Points
3. Weidener Surveying 400 Points
4. Mactec 392 Points(Alternate)
5. DRMP Dyer Riddle Mills & Precourt 389 Points
6. FR Aleman 381 Points
7. Moore Surveying 374 Points
8. CPH Engineers 373 Points
9. Berryman& Henigar 369 Points
10. Metric Engineering 359 Points
11. Arcadis 348 Points
RECOMMENDATION
Staff recommends that the City Commission award three (3) Continuing Contracts for RFQ#0403 to
Southeastern Surveying,Professional Engineering Consultants (PEC),and Weidener Surveying, as
the top three (3) short-listed firms, and to authorize Staff to proceed with contract negotiations with the
selected firms, and authorize the Mayor, City Clerk, and staff to execute all necessary contract documents
with Southeastern Surveying, Professional Engineering Consultants(PEC), and Weidener Surveying.
Per State of Florida CCNA Act Statute 287.055, if contract negotiations are unsuccessful with the top-
ranked firm, staff shall terminate negotiations, and initiate negotiations with the second-ranked firm, and
so on, until an agreement is reached. Because the City is contracting with three(3) firms, an alternate was
chosen in case contract negotiations are unsuccessful with any one of the short-listed firms. In this event,
Staff recommends that the City Commission direct Staff to negotiate with Mactec, as the fourth-ranked
firm and alternate, and authorize the Mayor, City Clerk, and Staff to execute all necessary contract
documents with Mactec.
EVALUATION FORM
RFQ #0403
Continuing Contracts for Surveying and Mapping Services
COMBINED TOTALS
Southeastern Weidener Berryman&
Evaluation Criteria Surveying Surveying Moore Surveying Henigar PEC CPH
Overall Experience of
the Firm
(0-100 points) 96 84 83 85 93 83
Past Performance&
Experience of the
Firm
(0-75 points) 70 65 60 62 66 64
Past Performance&
Experience with or in
the City
(0-75 points) 61 45 41 38 64 43
Past Performance&
Experience of the
Team Members
(0-75 points) 68 63 62 60 67 63
Ability to meet Time&
Budget Requirements
(0-50 points) 44 41 42 36 39 39
Affect of Legal Action
Against the Firm
(0-50 points) 37 36 35 34 37 36
Location of the Office
& Proximity to the
City of Ocoee
(0-25 points) 21 22 20 21 20.5 18
Projected Workloads
of the Firm
(0-25 points) 22 21 20 20 20 19
Certified Minority
Business Enterprise
(0-25 points) 14 23 11 13 8 8
COMBINED TOTAL
ALL EVALUATORS 433 400 374 369 414.5 373
(0-500) Rank(1-11) 1 3 7 9 2 8
EVALUATION FORM
RFQ #0403
Continuing Contracts for Surveying and Mapping Services
COMBINED TOTALS
FR
Evaluation Criteria Arcadis Mactec DRMP Metric Eng. Aleman
Overall Experience of
the Firm
(0-100 points) 78 86 85 78 81
Past Performance&
Experience of the
Firm
(0-75 points) 58 62 64 63 61
Past Performance&
Experience with or in
the City
(0-75 points) 37 54 43 41 40
Past Performance&
Experience of the
Team Members
(0-75 points) 56 63 62 59 60
Ability to meet Time&
Budget Requirements
(0-50 points) 38 40 39 36 36
Affect of Legal Action
Against the Firm
(0-50 points) 35 37 43 35 44
Location of the Office
& Proximity to the
City of Ocoee
(0-25 points) 19 22 18 20 16
•
Projected Workloads
of the Firm
(0-25 points) 20 20 21 19 19
Certified Minority
Business Enterprise
(0-25 points) 7 8 14 8 24
COMBINED TOTAL
ALL EVALUATORS 348 392 389 359 381
(0-500) Rank(1-11) 11 4 5 10 6
RFQ#0403
CONTINUING CONTRACTS FOR SURVEYING AND MAPPING SERVICES
8/5/04 2:00 pm
UUALII-ILA I IONS
(1) ORIGINAL(5) LOCATION License
Noy FIRM ADDENDUM#1 COPIES FINANCIAL Check
1 Southeastern Surveying yes yes yes yes
2 Weidener Surveying/Mapping yes yes yes yes
3 Moore Surveying yes yes yes yes
4 Berryman & Henigar yes yes yes yes
5 PEC yes yes yes yes
6 CPH yes yes yes yes
7 Arcadis yes yes yes yes
rcvd notarized
8 Mactec yes form 8/19/04 yes yes
9 DRMP yes yes yes yes
rcvd notarized
10 Metric Engineering yes form 8/19/04 yes yes
rcvd notarized
11 FR Aleman &Assoc. yes form 8/20/04 yes yes
Listed in the order received.
James M.Dunn,II,P.S.M. /� \ Myron F.Lucas,P.S.M.
Larry R.Efird,P.S.M. Thomas K Mead,P.S.M.
Brian R.Garvey,P.E.
\ James L.Petersen,P.S.M.
Daniel J.Henry,P.S.M. *4/
Gary B.Krick,P.S.M. i ` ' \® Charles E.Purdee,P.S.M.
William C.Rowe,P.S.M.
Roger Lonsway,P.S.M.(Retired) SOUTHEASTERN SURVEYING&MAPPING CORP. Marcia E.Russell,P.S.M.
SURVEYING FLORIDA SINCE 1972
Ms. Joyce Tolbert, Buyer
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
RE: RFQ No: 0403 Continuing Contracts for Surveying and Mapping Services
Southeastern Surveying and Mapping Corporation(SSMC)is pleased to submit this letter of interest.
SSMC has many years of experience providing the type of Continuing Professional Surveying and
Mapping Services called for in your Scope of Services. SSMC understands that the City of Ocoee
requires Professional Surveying and Mapping Services performed under task orders issued under the
continuing contracts which may consist of, but not limited to: review, planning, design and
construction phase surveying and mapping services for public and private sector projects within the
City. Typical assignments would include, but would not be limited to the following:
• Horizontal and vertical survey for existing and new roadways, drainage ponds,ditches, canals,
land parcels, etc.
• Verification of existing rights-of-way and establishment of new right-of-way lines for ongoing
projects.
• Performance of preliminary and final roadway or utility alignment surveys
• Parcel surveys
• Preparation of legal descriptions with or without sketches of description
• Plat review in accordance with Chapter 177, Florida Statutes
• Establishment of the limits of existing ditches and canals
• Collection of data through use of Global Positioning Satellite technology
• Lake and pond water level elevation identification and verification
• Horizontal and vertical underground and overhead utility(water, sanitary,fiber optic, coaxial,
etc.) survey
• Vacuum Excavation Services
• Miscellaneous Surveying and/or Mapping Services
SSMC has a history of and commits to continue performing all work in a timely manner,and
to continue treating the City of Ocoee as a most favored client. Give SSMC the opportunity
to continue to prove it to the City of Ocoee.
Those persons authorized to make representation for SSMC are:
I'll James L. Petersen,P.S.M.,/Principle in Charge
(407)292-8580 ext. 215 -Fax No. (407) 292-0141 jpet ersen(southeasternsurveying.com
Gary B. Krick,P.S.M.,/Project Manager
(407) 292-8580 ext 211 -Fax No. (407) 292-0141 gkrick(iD,southeasternsurveying.com
Southeastern Surveying and Mapping Corporation
6500 All American Boulevard, Orlando, Florida 32810
Page 2
Southeastern Surveying and Mapping Corporation is an independent employee owned Surveying and
Mapping firm with twenty three survey field teams and ten Professional Surveyors and Mappers,one
Professional Engineer, and nineteen Computer Technicians providing ample staff to handle any
project and over thirty years of experience providing Professional Surveying Services for both the
public and private sector.
That experience has taught SSMC that the critical elements of our Professional Surveying Services
are:
Careful, Non-Stop Quality Control
SSMC's infrastructure includes continually updated Quality Control, Operations, Field Procedures
and Graphic Standards Manuals originated and maintained in-house. The manuals bring discipline
and standardization to the work that is easy to translate to customer standards.
Quick Response On All Assignments
Adequate staff, a sensitivity to SSMC's clients needs and a finger on the pulse of all projects on a
daily basis allows SSMC to respond to those assignments without delay.
Good Planning And Management On All Projects
CEach project has one point of contact, the Project Manager. The Project Manager will review the
scope in detail with you prior to starting your Project. This insures that SSMC knows what you need
and when you need it. The Project Manager coordinates the personnel, both field and office on a
Cdaily basis which enables him to adjust manpower/effort as needed, and he will also follow up with
a report to you on a weekly basis if required. SSMC prides itself on keeping clients informed.
Results Delivered In The User's GIS and CAD Format And As "Intelligent Data"
Intelligent Data is a computer generated database in which rigorous use of real world coordinates in
ALL of the graphics allows the user to rely on the electronic files as a true depiction of all of the
features of the mapped area. This aspect of electronic file delivery is ignored by some surveyors, but
it is critically important to the end users. SSMC has several years and hundreds of projects worth of
experience delivering Intelligent GIS and CAD Data. SSMC doesn't deliver anything else.
' Southeastern Surveying&Mapping Corp. is your best choice as the only SurveyingS ecialty Firm
in the project area that has the staff(see SSMC's organization chart) and the resources (see
SSMC's equipment list) and can apply every level of Surveying and Mapping technology (see
SSMC's summary of successful performances on past projects)to your project for the maximum
benefit to the City of Ocoee.
Sincerely,
' Gary B. Krick, P.S.M.
President/Project Manager
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PROFESSIONAL ENGINEERING CONSULTANTS, INC.
1
August 4, 2004 P-4193
I
Ms. Joyce Tolbert
Buyer
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
RE: Continuing Contracts for Surveying & Mapping Services
RFQ No. 0403
Dear Ms. Tolbert and Members of the Section Committee:
Professional Engineering Consultants, Inc. (PEC) appreciates the opportunity to
submit our qualification statement for Continuing Professional Surveying
Services to Ocoee.
IPEC's Land Information Division offers six (6) full-time survey crews and an
office staff, of which five (5) are Florida registered surveyors and mappers. This
enables PEC to become an on-call extension of your staff for small and large
assignments.
' Selection of the PEC Team will insure the City of Ocoee an experienced
Team of professionals. In addition, PEC has served as continuing
consultants for numerous Florida municipalities including the Counties of Orange,
I Volusia, Seminole, Citrus, and Lake; the Cities of Orlando, Sanford, Port Orange,
Altamonte Springs, Delray Beach, Lakeland, Mount Dora, Ocoee, Oldsmar,
Ormond Beach, Plant City, and Winter Park; and the Lake County Water
I Authority, Florida Department of Transportation, Florida Department of
Environmental Protection, Florida Inland Navigation District, the Greater Orlando
Aviation Authority, South Florida Water Management District, Suwannee River
I Water Management District, Polk County, and the St. Johns River Water
Management District.
This experience combined with a 20 year history in serving the City of Ocoee
enhances our team's ability to further serve the City. The same team of
Professionals has performed for the City over this time frame creating a strong
' background and local knowledge of the City of Ocoee. Our dedication to the
City of Ocoee is exemplified by our participation in the surveying and
certification of the Annual Lake Starke Boat Race.
I
engineers "Engineering Our Community"
I planners
surveyors 200 East Robinson Street•Suite 1560.Orlando,Florida 32801 •407/422-8062•FAX 407/849-9401
I
Joyce Tolbert P-4193
August 4,2004
Page 2
In order to respond to the County's requirements in a timely fashion, David
White, P.S.M., will serve as Project Surveyor. Mr. White has gained the
knowledge and experience necessary to perform many aspects of the profession
through 28 years of practicing land surveying in the State of Florida.
His practical experience is greatly enhanced by a formal education in Land
Surveying from the University of Florida. Mr. White holds a Bachelor of Land
Surveying degree and has continued his survey education through seminars and
short courses. Mr. White is fully authorized by Professional Engineering
Consultants to make representations for the firm.
Assisting Mr. White with your variousjroects will be a senior level staff of
p
Professional Surveyors and Mappers. The average tenure of these professionals
with PEC is over 15 years and is the identical staff which has successfully
completed the projects listed herein.
We have carefully reviewed the City's scope of services for this contract and our
"PEC Team" understands the nature of the work to be accomplished, as well as
the expectations and services that the City requires from their Consultants. We
trust that the experience of our Team, when combined with this submittal
package, will convince your Selection Committee that our Team is exceptionally
qualified and has a strong professional desire to perform professional survey and
mapping services for Ocoee. We urge the Selection Committee to contact our
references regarding our performance on similar projects.
Sincerely,
ROFESSIONAL ENGINEERING CONSULTANTS, INC.
/ ;!//
a r .
id A. White, '.S.M.
rincipalNice President
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AthWeidener Surveying & Mapping P.A.
3 August 2004
Reply to: Orlando
Joyce Tolbert,Buyer
City of Ocoee
150 N. Lakeshore Drive
Ocoee,Florida 34761
Re: Request for Qualifications RFQ#0403
Continuing Contracts for Surveying& Mapping Services
Greetings:
Weidener Surveying & Mapping, P.A. (WSM) is pleased to provide this proposal for
Continuing Surveying and Mapping Services for the City of Ocoee. We are excited by the prospect
inasmuch as it represents the reason we are in business. The City can be assured that WSM will
provide quality services in an accurate,timely and economical fashion.
Please note that WSM provides surveying and mapping services exclusively-we do not
offer engineering services. Accordingly,all our personnel and facilities are available to the City,as
required by any particular work order. Moreover,we have positioned ourselves on the cutting edge
ofthe surveying and mapping profession,utilizing the latest methodology and the most sophisticated
techniques available to provide accurate,timely and economical services to our clients.
It is important to point out that WSM is structured to provide services to state, county and
city agencies. All of our work is directly related to public agencies. Contrary to the practice of
most surveying finns,WSM provides minimal land development services,preferring to work with
governmental units in the pursuit of public improvements. We specialize in exactly the services
the City is requesting. Please note that, we have been awarded open-end contracts with the
following agencies:
• Cities of Orlando,St.Cloud,Sanford,Hallandale,Miami,North Miami,Miami Beach,Coral
Gables,North Miami Beach, Green Cove Springs and Tampa
• Orange, Polk, Escambia, Walton, Broward, Miami-Dade, St. Johns, and Hillsborough
Counties
• South Florida Water Management District
• St. Johns River Water Management District
• Florida Department of Transportation, Districts Two, Four,Five and Six
• Florida Department of Environmental Protection, Bureau of Survey and Mapping
• School Boards of Miami-Dade, Lake, Escambia, and Monroe Counties
• Tampa Bay Water
• JEA-Jacksonville Electric Authority
Miami Jacksonville
10418 N.W. 31 Tern 4540 Southside Blvd.,Ste. 702
Miami,FL 33172 Jacksonville,FL 32216
Tel: (305)599.6381 Tel: (904)998.0111
Fax:(305)599.2797 Fax: (904)998.0333
TainPa Orlando Pensacola
5019 W.Laurel Street 2992 Edgewater Dr. 4400 Bayou Blvd.,Ste.50
--Tampa,FL 33607 Orlando, FL 32804 Pensacola,FL 32503
Tel:(813)282.8291 Tel: (407) 426.8339 Tel: (850)484.5511
Fax`(813)282.8296 Fax: (407)426.8349 Fax: (850)477.8422
WSM has 50 surveyors, ten of whom are licensed Professional Surveyors and Mappers in
Florida. We run 12 field crews daily, all with late model survey vans and fully equipped. Our
employees are fully qualified and dedicated - they are the reason that we are able to complete
projects on time and within budget. WSM is very much a team,a fact that certainly will work to the
benefit of the City of Ocoee.
We are joined in this proposal by MACTEC,a firm well known to the City,to provide any
soft-dig services required under the contract. WSM and MACTEC have worked together
extensively in the past. There will be no learning curve with this team.
WSM has a considerable inventory of state-of-the-art equipment and facilities. This includes
electronic total stations interfaced with data collectors, two of which are the latest"reflectorless"
type with robotic capability. Each field party also has a level,seven(7)of which are the digital types
which we have interfaced with the EFB(electronic field book)to automate the leveling process. The
firm has twenty CADD work stations and five"E"size plotters. We provide mapping in AutoCAD
and Micro Station.
Still further,WSM has ten Trimble dual frequency GPS units teamed with field computers
configured for Real Time Kinematic(RTK)application. We are currently deploying GPRS(cellular)
communications in place of radios in RTK operations to increase range and efficiency. Frequently,
WSM can provide surveying services utilizing only a single technician,a significant cost advantage
to our clients.
Margarita Weidener,PLS,President,will serve as Principal-in-Charge. She has the authority
to negotiate and contractually bind the firm. She can be reached at (305) 599-6381. William L.
Miller,PLS, our Central Florida Regional Manager,will be responsible for all the technical work.
He is authorized to sign and execute work orders once the main contract has been executed. WSM
has not had any litigation filed against the company nor has been subject to any investigation by a
regulatory or professional licensing board.
WSM is certified by the State of Florida Minority Business Advocacy and Assistance Office,
the Florida Department of Transportation,Orange County,the City of Orlando, and many others as
a Minority/Woman Business Enterprise.
In all, we feel WSM is particularly well suited to this contract. WSM has been located in
Central Florida since 1990. We have extensive experience and we are most interested in providing
services to the City of Ocoee. We are very accessible to the City. Our office is 9 miles from City
Hall and only 15 minutes away. We look forward to working with you in the near future.
Very truly yours,
WEIDENER SURVEYING&MAPPING, P.A.
Margarita Weidener,PLS
President
Weidener Surveying & Mapping P.A.
IMACTEC
August 5,2004
Ms.Joyce Tolbert, Buyer
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
SUBJECT: RFQ#0403,Continuing Contracts for Surveying and Mapping Services
MACTEC Proposal No. PROPO4ORLA-0318
Dear Ms.Tolbert:
It is with great enthusiasm that we at MACTEC submit this statement of qualifications for your review.We feel that we have
something special to offer the City and certainly appreciate the opportunity to do so.
MACTEC Engineering and Consulting, Inc. (MACTEC), is the engineering and surveying branch of the MACTEC family of
companies. MACTEC is a nationally recognized firm, currently ranked by Engineering News-Record as the 25th largest design
firm in the United States. In Florida,we have offices in 10 cities and over 400 employees, including 65 in our Orlando office.
Our 35-person surveying and mapping group is based in Orlando and consists of eight field crews, eight professional
surveyors and mappers, six survey technicians and two administrative assistants. It is important to note that the majority of
staff are original employees of Regional Engineers Planners and Surveyors, Inc. (REPS), a well known local surveying and
mapping firm acquired by MACTEC in 1998. The REPS management and production team, led by Michael Jones, PLS, and
Charles Gardiner, PLS, has remained intact for 17 years. We continue to build on our past experience in Central Florida to
further develop our capabilities; as a result, we offer the City of Ocoee a Prime Survey firm with a continuity of management
and staff with a proven record of performance to meet our clients' needs, as well as a tradition of excellence in the quality of
the work produced. In that span of time, we have developed an in-depth knowledge and understanding of local survey
practices in Central Florida.
We primarily provide our services to governmental agencies. In fact, continuing surveying and mapping services contracts
very similar in nature to your solicitation have historically been a mainstay of our practice. As described herein, our
longstanding and continuous relationships with the City of Orlando (since 1991), the Florida Department of Transportation
(since 1991),the Florida Department of Environmental Protection (since 1990) and Orange County(since 1996)are indicative
of our ability to provide superior service and products to our clients.
Under our firm's previous name of Harding ESE,we have had the privilege of providing our services to the City of Ocoee since
1999. In that time frame, we have had the opportunity to work with several City departments in preparing boundary,
topographic and specific-purpose surveys, plat review and preparing legal descriptions. Adding to our experience within the
City, as part of a project for Orange County, we recovered and located the majority of the controlling land corners within and
adjacent to the City. The control network established as part of this project has been utilized on work for the City and on
private projects alike.
Our entire survey group that has provided services to the City over the past five years remains intact and includes Mike Jones,
PLS, as Project Manager; Project Surveyors Chip Gardiner, PLS, Tom Jennings, PLS, and Chris Lindstedt, PLS; and the
supporting services of Paul Wilson, PLS,and Richard Towne, PLS.
We also pride ourselves in providing the physical resources needed to meet our clients' needs.This inventory includes 11 4x4
survey trucks; seven one-second, dual-compensator Nikon DTM 530 electronic total stations;two Zeiss electronic levels;eight
survey-grade Trimble GPS receivers for static and RTK GPS operations; two Trimble ProXR receivers for use in GIS data
J
MACTEC Engineering and Consulting,Inc.
4150 N.John Young Parkway•Orlando,FL 32804-2620
407/522-7570•Fax:407/522-7576
jMs.Joyce Tolbert—City of Ocoee
August 5,2004
Page 2
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collection operations, one "Li'l Groundhog spot-dig excavation rig, two heavy-duty 16' aluminum work skiffs with 25 HP
J engines; a 16' Air Gator airboat for swamp operations; and two Honda all-terrain vehicles. Likewise, we have an extensive
inventory of software which includes AutoCAD 2002, ARCView, GeoPAK, MicroStation J, GeoLab, and a complete suite of
Trimble GPS software.
You will find, through the references listed herein, that over the past 17 years of operations we have established a sound
record of meeting schedule and budget requirements. In many cases when working with limiting amount budgets, we have
been able to return funds to our clients by completing their assignments ahead of schedule.
Likewise, there is no legal action by or against our firm that would affect our abilities to provide our services to the City. Our
Survey department has never had a legal claim against it in 17 years of operation.Also, please know that we have in place all
insurance requirements requested by the City.
Our office location at 4150 North John Young Parkway,just north of Silver Star Road in west Orlando, is a convenient 20-minute
drive to City Hall.As we have done in the past,we can and will respond to your needs immediately.
In closing,we are ready and willing to respond to your surveying and mapping needs.Our projected workload is such that we
can commit sufficient resources in providing the City superior services and products.
If you have any questions or require additional information, please do not hesitate to call. We would greatly appreciate the
opportunity to further discuss our qualifications and desire to serve the City.
Sincerely,
MACTEC Engineering and Consulting, Inc.
R.Michael Jones, PLS Charles B."Chip"Gardiner, PLS
Principal Surveyor/Project Manager Principal Surveyor
rmjones@mactec.com cbgardiner@mactec.com
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CITY OF OCOEE
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CONTINUING SURVEYING AND MAPPING SERVICES AGREEMENT
THIS AGREEMENT is entered into this day of , 20
by and between the City of Ocoee, Florida, a municipal corporation existing under the laws of the
State of Florida (CITY), and
(CONSULTANT).
WHEREAS, the CITY has a present need for professional surveying services; and
WHEREAS, the CITY shall have the option to use the CONSULTANT's professional
surveying services ("Services"), as further described below, for City professional surveying
projects meeting the criteria of Section 287.055 (2) (g), Florida Statutes (2003) (hereinafter
referred to as "Project" or "Projects"); and
WHEREAS, the CONSULTANT is willing and able to perform the Services for the
CITY on the terms and conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the premises and mutual covenants given
one to the other, the sufficiency of which is hereby acknowledged, the parties hereby agree as
follows:
A. TERM
1. Continuing Contract. This Agreement shall continue in full force for a period of
five (5) separate one year terms. Each one year term shall automatically be renewable for the
next succeeding one year term with the condition that the CITY'S obligation to pay under this
Agreement for each year is contingent upon the CITY in its good faith judgment having
sufficient funds to make an annual appropriation for the Services to be provided under this
Agreement. The Agreement shall continue in full force and effect from the date first written
above or until terminated in accordance with this Agreement. The CITY shall have the option of
extending the term an additional one (1) year. The above time periods may be extended to
complete Services being rendered under a Project that has already been identified in a Services
Authorization issued prior to the expiration of the Agreement.
B. TYPES OF PROJECTS
1. CONSULTANT may perform Services under this Agreement, including but not
limited to those generally described below:
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Professional survey services in accordance with Section 472, Florida Statutes (2003) and Section
177, Florida Administrative Code and Applicable provisions of the City of Ocoee Code. These
services shall include but not be limited to:
a.) As-Built Surveys: Horizontal and vertical location surveys of constructed
improvements for existing and new roadways, drainage ponds, ditches,
canals, land parcels and other similar projects, including soft dig services
necessary for same;
b.) Boundary Surveys: Perimeters of parcels for locations, platting or
dividing;
c.) Construction Layout: Horizontal and vertical measurements for
construction, including preliminary and final roadway or utility alignment
surveys;
d.) Control Surveys: Horizontal and vertical positions for support of
subordinate surveys or mapping;
e.) Hydrographic Surveys: Lake and pond water level elevation identification
and verification and collection and analysis of related data concerning
bodies of water;
f.) Mean High Water Line Surveys: F.S. Section 177, Part II Surveys;
g.) Plat review in accordance with Chapter 177, Florida Statutes;
h.) Quantity Surveys: Measurements to determine quantity;
i.) Right-of-way Surveys: Strip of land for travel, drainage and utilities, etc.;
j.) Specific or Special Purpose Surveys: A specific purpose not defined by
any other type;
k.) Topographic Surveys: Horizontal and vertical spatial relations of selected
man-made and/or natural features on or below the earth's surface;
1.) Collection and analysis of data through use of Global Positioning Satellite
technology;
m.) Providing survey data in digital form in a format compatible with what the
CITY is currently using or otherwise in accordance with the City of
Ocoee's requirements;
n.) Advise, assistance and possible court and administrative hearing
appearance(s) regarding future legal matters;
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o.) Verification of existing rights-of-way and establishment of new right-of-
way lines for ongoing or projects
p.) Verification of existing rights-of-way and establishment of new right-of-
way lines for ongoing or projects
q.) Parcel surveys.
r.) Preparation of legal descriptions with or without sketches of description.
s.) Preparation of horizontal and vertical underground and overhead utility
(water, sanitary, fiber optic, coaxial, etc.) survey.
t.) Miscellaneous surveying or mapping services not otherwise defined above.
2. The CITY shall, from time to time at its sole discretion, authorize the
CONSULTANT in writing to provide Services under this Agreement by issuing a Services
Authorization. A Services Authorization shall, by mutual agreement of the parties, set forth,
(1) the Scope of Services, (2) the time for performance, (3) method and amount of compensation,
(4) the items to be provided to the CITY, and (5) the services, information and data that can be
provided by the CITY to the CONSULTANT.
3. The CITY does not guarantee, warrant, or represent that any number of Projects or
any particular type of Project will be assigned to the CONSULTANT under the terms of this
Agreement. Furthermore, the purpose of this Agreement is not to authorize a specific Project,
but to set forth certain duties, obligations, rights, and responsibilities that may be incorporated by
reference into any Services Authorization that may be mutually agreed to by the parties. The
CITY shall have the sole discretion to select the Project(s), if any, that may be given to the
CONSULTANT.
4. The CONSULTANT shall perform any and all Services in a timely, efficient and
cost-effective manner and in a manner that comports with the highest standards of professional
surveying.
C. FEE FOR SERVICES
1. The CITY shall pay the CONSULTANT for the SERVICES as detailed in a
Services Authorization issued under this Agreement. The compensation shall include salary,
social security, federal and state unemployment taxes, worker's compensation insurance, sick
leave, vacation and holiday pay, retirement and medical insurance benefits, travel and subsistence
within the Orlando area, general and administrative overhead costs, quality control, profit, and
any and all incidental reproduction, secretarial, and office support costs. Furthermore, the CITY
shall not be charged overtime wage rates, unless and only to the extent that the CITY may
authorize such charges in writing.
2. CONSULTANT fully acknowledges and agrees that if at any time it performs
SERVICES under this AGREEMENT that have not been fully negotiated, reduced to writing,
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and formally executed by both the CITY and CONSULTANT, then CONSULTANT shall
perform such SERVICES without liability to the CITY, and at CONSULTANT's own risk and
expense.
3. CITY shall pay CONSULTANT not later than thirty (30) calendar days of its
receipt of CONSULTANT invoices, unless, within the 30-day period, the CITY, 1) notifies
CONSULTANT of an objection to the PAYMENT amount, and 2) either provides
CONSULTANT with a determination of the proper PAYMENT, or requests further information
from CONSULTANT so that a proper PAYMENT can be derived and agreed upon by the
parties.
4. The CITY's objection to the PAYMENT amount shall be accompanied by the
CITY's remittance of any undisputed portion of the PAYMENT.
5. Upon the termination of this AGREEMENT, CONSULTANT shall prepare a
final and complete payment statement for all SERVICES and reimbursable expenses incurred
since the posting of the last payment statement, and through the date of termination.
CONSULTANT also agrees to maintain, and to cause each of its subcontractors to maintain
complete and accurate books and records (BOOKS) in accordance with sound accounting
principles and standards, in a form acceptable to the CITY, and relating to all SERVICES and
related costs and expenditures to the CITY that have been contracted for and paid during the life
of this AGREEMENT. The BOOKS shall identify the SERVICES rendered during each month
of this AGREEMENT, the date that each PROJECT expense was incurred, and whether the
expense was SERVICE or reimbursable-related.
6. The BOOKS may (but need not) be kept separate and apart from
CONSULTANT's other books; but the CITY shall have the right, at any reasonable time and
through any of its designated agents or representatives, to inspect and audit the BOOKS for the
purpose of verifying the accuracy of any payment statement. If it is established by the audit, or
by any other means, that CONSULTANT has over-billed or overstated its costs, fees, or
reimbursable expenses (OVERCHARGED) to the CITY, then the amount of any
OVERCHARGE shall be refunded to the CITY, including interest at one percent (1%) simple
interest per month, together with the CITY's reasonable and provable costs (including auditing
expenses) in discovering the OVERCHARGE and effecting its repayment.
7. CONSULTANT shall retain the BOOKS, and make them available to the CITY
as specified above, until the later of five (5) years after the date of termination of this
AGREEMENT, or five (5) years from the date of the final payment statement (of the PROJECT)
prepared for the CITY, or such longer time if required by any federal, state, or other
governmental law, regulation, policy, or contractual or grant requirement or provision.
8. When the CITY has reasonable grounds for belief(or information to believe) that,
1) CONSULTANT will be unable to perform the SERVICES; or 2) a pending or meritorious
claim exists against CONSULTANT or the CITY arising out of CONSULTANT's negligence or
CONSULTANT's breach of any provision of this AGREEMENT; then the CITY may withhold a
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payment otherwise due and payable to CONSULTANT. This provision is intended solely for the
benefit of the CITY.
9. The acceptance by CONSULTANT, its successors, or assigns, of any final
payment due upon the termination of this AGREEMENT, shall constitute a full and complete
release of the CITY from any and all claims, demands, or causes of action whatsoever that
CONSULTANT, its successors, or assigns may have against the CITY under the provisions of
this AGREEMENT.
D. INDEMNIFICATION AND INSURANCE
Indemnification
1. The CONSULTANT agrees to indemnify, defend and hold harmless the City, its
representatives, employees, and elected and appointed officials, from liabilities, damages, losses
and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of the Consultant and persons
employed or utilized by the CONSULTANT in the performance of any professional services
rendered under this Agreement or any Services Authorization issued pursuant to this Agreement.
For purposes of compliance with Florida law, CONSULTANT acknowledges that this provision
shall be deemed a part of the project specifications or the bid documents.
Insurance
2. General. The CONSULTANT shall purchase, maintain, and keep in full force,
effect, and good standing, such insurance that is further described below, and any other insurance
necessary to fully protect it from claims of the nature that are detailed below, that may arise out
of, or result from, the CONSULTANT's operations, performance, or Services, or all of these
things, or any of these things in combination (CONSULTANT's Operations), whether the
CONSULTANT's Operations are by the CONSULTANT, any of its agents or Subconsultants, or
anyone for whose act or acts it may be liable. The CONSULTANT'S insurance carrier shall be
licensed to do business in the State of Florida and shall have an A.M. Best Rating of A or better.
The insurance required by this Subsection shall be written for not less than the limits of liability
specified below, or required by law, whichever is greater, and shall include contractual liability
insurance as applicable to the CONSULTANT's obligation under this Agreement.
3. The CONSULTANT shall provide evidence of both General (Public &
Property) Liability and Professional (Design Errors and Omissions) Liability Insurance in the
form of a certificate of insurance issued on behalf of the City of Ocoee by companies acceptable
to the City at the following minimum limits and coverage's with deductible amounts acceptable
to the CITY:
Comprehensive General Liability Insurance: $1,000,000.00
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(The City of Ocoee is to be named as an additional insured)
Professional Liability Insurance: $1,000,000.00
(Design Errors and Omission)
4. The CONSULTANT shall not commence any work in connection with an
Agreement until all of the following types of insurance have been obtained and such insurance
has been approved by the City, nor shall the CONSULTANT allow any Sub-consultant to
commence work on a subcontract until all similar insurance required of the sub-consultant has
been so obtained and approved. Policies other than Workers' Compensation shall be issued only
by companies authorized by subsisting certificates of authority issued to the companies by the
Department of Insurance of Florida which maintain a Best's Rating of "A" or better and a
Financial Size Category of "VII" or better according to the A.M. Best Company. Policies for
Workers' Compensation may be issued by companies authorized as a group self-insurer by
Florida Statutes, Section 440.57.
a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any
sums of money, which may represent a deductible in any insurance policy. The
payment of such deductible shall be the sole responsibility of the CONSULTANT
and/or sub-consultant providing such insurance.
b) Workers' Compensation Insurance: The CONSULTANT shall obtain during the life
of this Agreement, Worker's Compensation Insurance with Employer's Liability
Limits of $500,000/$500,000/$500,000 for all the Consultant's employees connected
with the work of this project and, in the event any work is sublet, the CONSULTANT
shall require the sub-consultant similarly to provide Workers' Compensation Insurance
for all of the latter's employees unless such employees are covered by the protection
afforded by the CONSULTANT. Such insurance shall comply fully with the Florida
Workers' Compensation Law. In case any class of employees engaged in hazardous
work under this contract for the City is not protected under the Workers'
Compensation statute, the CONSULTANT shall provide, and cause each sub-
consultant to provide adequate insurance, satisfactory to the City, for the protection of
the CONSULTANT's employees not otherwise protected. The policy shall include an
appropriate waiver of subrogation provision in favor of the CITY.
c) CONSULTANT's Public Liability and Property Damage Insurance: During the life of
this Agreement the CONSULTANT shall maintain COMMERCIAL AUTOMOBILE
COVERAGE, this policy should name the City of Ocoee as an additional insured, and
shall protect the CONSULTANT from claims for damage for personal injury,
including accidental death, as well as claims for property damages which may arise
from operations under this Agreement whether such operations be by the
CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT,
and the amounts of such insurance shall be the minimum limits as follows:
d) Automobile Bodily Injury Liability & Property Damage Liability
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006.342914.1
The policy and coverages shall include_
• $1,000,000 Combined single limit per occurrence (each person, each accident)
• All covered automobile will be covered via symbol 1
• Liability coverage will include hired & non-owned automobile liability
• Include Waiver of Subrogation in favor of The City of Ocoee
e) Comprehensive General Liability (Occurrence Form) - This policy should name the
City of Ocoee as an additional insured and should indicate that the insurance of the
CONSULTANT is primary and not contributory over the insurance of the City of Ocoee. The
policy and coverage shall include:
• $2,000,000 GENERAL AGGREGATE
• $1,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE
• $1,000,000 PER OCCURRENCE
• $1,000,000 PERSONAL & ADVERTISING INJURY
• Include Waiver of Subrogation in favor of the City of Ocoee
f) Subconsultant's Comprehensive General Liability, Automobile Liability and Worker's
Compensation Insurance: The CONSULTANT shall require each subconsultant to procure and
maintain during the life of this subcontract, insurance of the type specified above or insure the
activities of these subconsultants in the CONSULTANT's policy, as specified above.
g) Owner's Protective Liability Insurance: The CONSULTANT shall procure and
furnish an Owner's Protective Liability Insurance Policy with the following limits: $1,000,000,
and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured.
h) Contractual Liability - Work Contract: The CONSULTANT's insurance shall also
include contractual liability coverage. NOTE: THE CITY SHALL BE NAMED AS
ADDITIONAL INSURED ON PUBLIC LIABILITY INSURANCE AND AUTOMOBILE
LIABILITY INSURANCE,.
• $1,000,000 PER OCCURRENCE
• $2,000,000 AGGREGATE
5. Certificates of Insurance: The CONSULTANT shall provide a Certificate of
Insurance Form, naming the City of Ocoee as an additional insured upon being issued any
Services Authorization under this Agreement. This certificate shall be dated and show: (1) the
name of the Insured CONSULTANT, the specific job by name and job number, the name of the
insurer, the number of the policy, its effective date, its termination date; and (2) a statement that
the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in
provisions or cancellation of the policy.
6. City As Additional Insured. The CITY shall be listed as an additional insured on
all insurance coverage required by this Agreement, except Worker's Compensation and
Professional Liability errors and omissions insurance. Furthermore, all other insurance policies
.pertaining to the Services to be performed under this Agreement shall memorialize that the
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CONSULTANT's, or the CONSULTANT's Subconsultant's, or all of these entities' (Primary
Insureds) insurance, shall apply on a primary basis, and that any other insurance maintained by
the CITY shall be in excess of and shall not contribute to or be commingled with the Primary
Insured's insurance.
7. CITY's Right to Inspect Policies. The CONSULTANT shall, upon thirty (30)
days' written request from the CITY, deliver copies to the CITY of any or all insurance policies
that are required in this Agreement.
E. TERMINATION
Termination Without Cause
1. This Agreement may be terminated by either party by delivering a thirty (30)
written notice to the other party. In the event of the termination of this Agreement, any liability
of one party to the other arising out of any Services rendered, or any act or event occurring prior
to the termination, shall not be deemed to be terminated or released. The CONSULTANT shall
be paid for Services completed prior to receipt of the termination notice and for reasonable
termination settlement costs relating to commitments which had become firm prior to the
termination; however, payment to the CONSULTANT will exclude any and all anticipated
supplemental costs, administrative expenses, overhead and profit on uncompleted Services.
Termination for Cause
2. In addition to any other termination provisions that may be provided in this
Agreement, the CITY may terminate this Agreement, or any Services Authorization issued under
this Agreement, in whole or in part if the CONSULTANT makes a willfully false Payment
Statement; or substantially fails to perform any obligation under this Agreement or Services
Authorization and does not remedy the failure within fifteen (15) calendar days after receipt by
the CONSULTANT of written demand from the CITY to do so. The CONSULTANT may
terminate this Agreement or any Services Authorization issued under this Agreement, if the
CITY substantially fails to perform any obligation under this Agreement, and does not remedy
the failure within fifteen (15) calendar days after receipt by the CITY of written demand from the
CONSULTANT to do so; unless, however, the nature of the failure is such that it cannot, in the
exercise of reasonable diligence, be remedied within fifteen (15) calendar days, in which case the
CITY shall have such time as is reasonably necessary to remedy the failure, provided it promptly
takes and diligently pursues such actions as are necessary therefor.
3. Upon termination of this Agreement for Cause by the CITY, the CITY may pay
the CONSULTANT for those Services actually rendered and contracted for under a Services
Authorization, and those reasonable and provable expenses required by any Services
Authorization and actually incurred by the CONSULTANT for Services prior to the effective
date of termination. Such payments, however, shall be, 1) reduced by an amount equal to any
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additional costs and damages incurred by the CITY as a result of the default(s) of the
CONSULTANT, including all incidental and consequential fees and expenses.
4. Delivery of Materials Upon Termination
In the event of termination of this Agreement (or any Services Authorization) by
the CITY, prior to the CONSULTANT's satisfactory completion of all the Services described or
alluded to herein, the CONSULTANT shall promptly furnish the CITY, at no additional cost or
expense, with one (1) copy of the following items (Documents), any or all of which may have
been produced prior to and including the date of termination: data, specifications, calculations,
estimates, plans, drawings, construction documents, photographs, summaries, reports,
memoranda; and any and all other documents, instruments, information, and materials (whether
or not completed) generated or prepared by the CONSULTANT, or by any Subconsultant, in
rendering the Services described herein, and not previously furnished to the CITY by the
CONSULTANT pursuant to this Agreement, or any Services Authorization. The Documents
shall be the sole property of the CITY, and the CITY shall be vested with all rights provided
therein of whatever kind and however created. The CONSULTANT shall also require that all
such Subconsultants agree in writing to be bound by the provisions of this Subsection.
F. SUSPENSION
1. The CITY has the right to suspend the CONSULTANT's Services pursuant to any
Services Authorization. However, if the CITY suspends the CONSULTANT's Services pursuant
to any Services Authorization, the CITY will add to the Period of Service for such Services
Authorization a period not less than the duration of such suspension and compensate the
CONSULTANT for its reasonable and provable costs, profits (as agreed to by the CITY), and
losses (including overhead costs, Reimbursable and Sub-consultant expenses incurred) associated
with demobilization and remobilization for such suspended Service.
G. NOTICES
All notices denominated as such by this Agreement, or the City Code, or Florida law, required to
be given to the CONSULTANT hereunder shall be in writing, and shall be given by
hand-delivery or United States mail, postage prepaid, addressed to:
All notices required to be given to the CITY shall be in writing, and shall be given by
hand-delivery or United States mail, postage prepaid, to the CITY at:
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
Attention: City Manager
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006.342914.1
A copy of such notice shall also be provided to the City of Ocoee, Department of Purchasing.
Either party may change its address, for the purposes of this Subsection, by written notice to the
other party given in accordance with the provisions of this Subsection.
H. CONFLICTS OF INTEREST
The CONSULTANT represents and warrants unto the CITY that no officer, employee, or agent
of the CITY has any interest, either directly or indirectly, in the business of the CONSULTANT
to be conducted hereunder. The CONSULTANT further represents and warrants to the CITY
that it has not employed or retained any company or person, other than a bona fide employee
working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not
paid, or agreed to pay, or given or offered any fee, commission, percentage, gift, loan, or
anything of value (Value) to any person, company, corporation, individual, or firm, other than
bona fide Personnel working solely for the CONSULTANT, in consideration for or contingent
upon, or resulting from the award or making of this Agreement. Further, the CONSULTANT
also acknowledges that it has not agreed, as an expressed or implied condition for obtaining this
Agreement, to employ or retain the services of any person, company, individual or firm in
connection with carrying out this Agreement. It is absolutely understood and agreed by the
CONSULTANT that, for the breach or violation of this Subsection, the CITY shall have the right
to terminate this Agreement without liability and at its sole discretion, and to deduct from any
amounts owed, or to otherwise recover, the full amount of any Value paid by the
CONSULTANT.
I. WAIVER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL THE CITY BE LIABLE TO CONSULTANT OR TO ANY THIRD
PARTY FOR ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE; NOR SHALL
THE CITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE,
OR LOSS OF USE, OR COST OF COVER INCURRED BY CONSULTANT OR ANY THIRD
PARTIES ARISING OUT OF THIS AGREEMENT AND/OR CONCERNING THE
PERFORMANCE OF SERVICES BY THE CONSULTANT OR BY THE CITY UNDER THIS
AGREEMENT OR UNDER A SERVICES AUTHORIZATION ISSUED UNDER THIS
AGREEMENT.
J. MATERIALS AND DATA
1. All data, field notes, inspector's reports, job files, test reports, contract plans and
specifications used to record as-built (or other) conditions, copies of shop drawings, construction
photographs, cost control and scheduling data, computer printouts, contractor's submittals,
summaries, memoranda (WRITTEN WORK); and any and all other WRITTEN WORK,
documents, instruments, information, and materials prepared or accumulated by CONSULTANT
especially for the SERVICES rendered hereunder; shall be the sole property of the CITY. The
CITY may reuse the WRITTEN WORK at no additional cost, and the CITY shall be vested with
all rights of whatever kind and however created that may be in existence thereto; provided,
however, that CONSULTANT shall in no way be liable or legally responsible to anyone for the
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CITY's additional use of any WRITTEN WORK on another project, and the CITY shall
indemnify CONSULTANT for and from any claims made against CONSULTANT arising out of
such use, except in those instances where CONSULTANT is reemployed by the CITY for the
reuse of any material or data described in this SECTION.
2. The CITY acknowledges that the WRITTEN WORK is not intended for use in
connection with any project or purpose other than the PROJECT, and the purpose for which the
WRITTEN WORK was therefore prepared. Any use by the CITY of the WRITTEN WORK in
connection with a project or purpose other than the PROJECT, without the prior written consent
of CONSULTANT, shall be at the CITY's sole risk, and CONSULTANT shall have no
responsibility or liability related thereto.
3. In the event of termination of this AGREEMENT prior to CONSULTANT's
satisfactory completion of all the SERVICES described or alluded to herein, CONSULTANT
shall promptly furnish the CITY, at no additional cost or expense, one (1) copy of the following
items (DOCUMENTS), any or all of which may have been produced prior to and including the
date of termination: data, field notes, specifications, calculations, estimates, plans, drawings,
construction documents, photographs, summaries, reports, memoranda; and any and all other
documents, instruments, information, and materials (whether or not completed) prepared or
accumulated by CONSULTANT, or by any CONSULTANT subcontractor, in rendering the
SERVICES described herein, and not previously furnished to the CITY by CONSULTANT
pursuant to this AGREEMENT. The DOCUMENTS shall be the sole property of the CITY, and
the CITY shall be vested with all rights provided therein of whatever kind and however created.
CONSULTANT shall also require that all such Subcontractors agree in writing to be bound by
the provisions of this Paragraph.
K. MISCELLANEOUS PROVISIONS
Non-Exclusive Contract
1. This Agreement is non-exclusive, and may be terminated at the CITY's
convenience with the proper notice having been given to the CONSULTANT pursuant to Section
8, above. It is understood and acknowledged that the rights granted herein to the
CONSULTANT are non-exclusive, and the CITY shall have the right, at any time, to enter into
similar agreements with other engineers, architects, landscape architects, planners, consultants,
contractors, subconsultants, and so forth, to have them perform such professional services as the
CITY may desire.
Local, State and Federal Obligations
2. Discrimination. The CONSULTANT, for itself, its delegates,
successors-in-interest, and its assigns, and as a part of the consideration hereof, does hereby
covenant and agree that, 1) in the furnishing of Services to the CITY hereunder, no person shall
be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination
in regard to this Agreement on the grounds of such person's race, color, creed, national origin,
disability, marital status, religion or sex; and 2) the CONSULTANT shall comply with all
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existing requirements concerning discrimination imposed by any and all applicable local, state,
and federal rules, regulations, or guidelines, and as such rules, regulations, or guidelines may be
from time to time amended. In the event of a breach of any of the nondiscrimination covenants
described in this Subsection, the CITY shall have the right to terminate this Agreement, with
cause, as described above.
3. Compliance with Law. The CONSULTANT and its employees shall promptly
observe, comply with, and execute the provision of any and all present and future federal, state,
and local laws, rules, regulations, requirements, ordinances, and orders which may pertain or
apply to the Services that may be rendered hereto, or to the wages paid by the CONSULTANT to
its employees. The CONSULTANT shall also require, by contract, that all Subconsultants shall
comply with the provisions of this Subsection.
4. Licenses. The CONSULTANT shall, during the life of this Agreement, procure
and keep in full force, effect, and good standing all necessary licenses, registrations, certificates,
permits, and other authorizations as are required by local, state, or federal law, in order for the
CONSULTANT to render its Services or Work as described herein. The CONSULTANT shall
also require all Subconsultants to comply by contract with the provisions of this Subsection.
5. Compliance With New Regulations. The CONSULTANT agrees that at such
time as the local, state, or federal agencies modify their grant procedures in order for the CITY or
the CONSULTANT to qualify for local, state, or federal funding for the Services to the rendered
by the CONSULTANT, then the CONSULTANT shall consent to and make such modifications
or amendments in a timely manner. If the CONSULTANT is unable to comply with applicable
local, state, or federal laws and regulations governing the grant of such funds for Services to be
rendered herein, then the CITY shall have the right, by written notice to the CONSULTANT, to
terminate this Agreement for convenience. Furthermore, if the CONSULTANT's compliance
with such laws, regulations, rules, or procedures causes a material change to a term or condition
of this Agreement, or to any Services Authorization, then the CITY agrees, upon sufficient proof
of material changes as may be presented to it by the CONSULTANT, to amend all related
CITY/CONSULTANT contractual obligations, and to revise such Project budgets accordingly.
6. License Fee and Royalties. The CONSULTANT agrees that any invention,
design, process, product, device, proprietary system, or proprietary process for which an approval
(of any type) may be necessary, shall be paid for by the CITY, but shall be secured by the
CONSULTANT (or, at the CONSULTANT's direction, by the Contractor during the
CONSULTANT's construction phase services as may be memorialized in a Services
Authorization) before the completion of any Services Authorization.
Consultant Not Agent of City
7. The CONSULTANT is not authorized to act as the CITY's agent hereunder and
shall have no authority, expressed or implied, to act for or bind the CITY hereunder, either in
CONSULTANT's relations with Subconsultants, or in any other manner whatsoever except as
otherwise stated in a Services Authorization.
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006 342914.1
Subconsultants
8. General. The CONSULTANT shall have the right, conditioned upon the CITY's
prior consent (which shall not be unreasonably withheld), to employ other firms, consultants,
Contractors, subconsultants, and so forth (Subconsultants); provided, however, that the
CONSULTANT shall, 1) inform the CITY as to what particular Services the Subconsultants
shall be employed to do; 2) inform the CITY as to what extent (what percentage) of the total
Project Services each Subconsultant shall be employed to do; 3) be solely responsible for the
performance of all of its Subconsultants, including but not limited to their maintenance of
schedules, correlation of Services, or both of these things, and the resolution of all differences
between them; 4) promptly terminate the use and services of any Subconsultants upon written
request from the CITY (which may be made for the CITY's convenience); 5) promptly replace
each such terminated Subconsultant with a Subconsultant of comparable experience and
expertise; 6) cause a Subconsultant to remove any employee(s) from a Project as the CITY shall
request (again for the CITY's convenience); and 7) assure that such employee(s) shall be
promptly replaced by other employee(s) of comparable experience and expertise and who are
otherwise acceptable to the CITY. After the Subconsultant has received notice of the
termination, or two (2) business days after the CITY has notified the CONSULTANT in writing
of the required termination of the Subconsultant or the Subconsultant's employee, whichever
shall occur first, the CITY shall have no obligation to reimburse the CONSULTANT for the
Services subsequent to the notice of termination of any Subconsultant or employee who may be
terminated pursuant to the provision of this Subsection; provided, however, that the CITY shall
reimburse the CONSULTANT for the CONSULTANT's reasonable and provable Subconsultant
demobilization or remobilization costs, as defined in herein ("Suspension"), and reasonable and
provable additional fees charged by the new Subconsultant, if any, if the CITY terminates a
Subconsultant for convenience; and provided, further, that the CONSULTANT shall receive no
reimbursement for demobilization or remobilization costs or any additional fees or costs, if a
Subconsultant is terminated for cause. It is also understood that the CITY does not, by accepting
a Subconsultant, warrant or guarantee the reliability or effectiveness of that entity's Services.
9. Work Outside Scope and Time of Payment. The CITY shall have no obligation to
reimburse the CONSULTANT for the services of any Subconsultant that may be in addition to
the Basic Services, or for those Subconsultant Services not previously made known to the CITY,
or that are otherwise outside of the Scope of any particular Project Services Authorization, unless
and until the CITY has given written approval of such reimbursement. The CONSULTANT
agrees to pay all such Subconsultants for their Project-related Services no later than thirty (30)
calendar days after the CONSULTANT's receipt of payment from the CITY for work performed
by the Subconsultants, unless such payment is disputed by the CONSULTANT, and the CITY
receives written notice thereof
10. Subconsultant Contracts. The CONSULTANT shall provide a copy of all
relevant provisions of this Agreement to all Subconsultants hired by it, or for which it may have
management responsibilities as described in a Services Authorization and shall inform all
Subconsultants that all Services performed hereunder shall strictly comply with the Agreement
terms and provisions. The CONSULTANT shall also furnish the CITY, upon demand, with a
copy of all CONSULTANT-Subconsultant contracts.
13
006.342914.1
Assignment and Delegation
11. The CITY and the CONSULTANT bind themselves and their partners,
successors, executors, administrators, and assigns, to the other party of this Agreement in respect
to all duties, rights, responsibilities, obligations, provisions, conditions, and covenants of this
Agreement; except that the CONSULTANT shall not assign, transfer, or delegate its rights or
duties, or both of these things, in this Agreement without the prior written consent of the CITY.
The CITY has the absolute right to withhold such consent at its convenience, and, furthermore, if
the CONSULTANT attempts to assign, transfer, or delegate its rights or duties in violation of
these provisions without the CITY's consent, then the CITY may terminate this Agreement as a
breach of contract by the CONSULTANT and a failure by the CONSULTANT to substantially
perform its obligations hereunder, and any such assignment shall be null, void, and of no legal
effect. The CITY shall have the right to assign its rights (or any part of them) or to delegate its
duties and obligations (or any part of them) to another entity that shall be bound by all applicable
terms and conditions as provided in this Agreement.
Audits
12. Periodic Auditing of Consultant's Books. The CITY shall have the right, at any
reasonable time and through any of its designated agents or representatives, to inspect and audit
the Books for the purpose of verifying the accuracy of any Payment Statement or Completion
Report. In addition to the above and upon request of the CITY, the CONSULTANT shall
prepare an audit (for the most recent fiscal year) for the CITY, which shall include the
CONSULTANT's paid salary, fringe benefits, general and administrative overhead costs, profit
and the total amount of money paid by the CITY to the CONSULTANT. The Fiscal Report shall
be certified as true and correct by, and shall bear the signature of, the CONSULTANT's chief
financial officer or its certified public accountant.
13. Overcharge. If it is established by the audit, or by any other means, that the
CONSULTANT has over-billed or overstated its costs, fees, or reimbursable expenses
(Overcharge) to the City, then the amount of any Overcharge shall be refunded by the
CONSULTANT, together with interest at the rate of one percent (1%) per month and the CITY's
reasonable and provable costs (including the auditing expenses) in discovering the Overcharge
and effecting its repayment.
Truth in Negotiations
14. The CONSULTANT shall execute a Truth-in-Negotiation Certificate in the form
attached hereto and made a part hereof, by reference, as Exhibit I. It is agreed by the
CONSULTANT that any Project or Services Authorization price, and any additions thereto, shall
be adjusted to exclude any significant sums [plus interest at twelve percent (12%) per annum
simple interest on the sums, from the date of payment by the CITY] by which the CITY
determines that the price was increased due to inaccurate, incomplete, or non-current wage rates
and other factual unit costs.
14
006.342914.1
Prohibition Against Contingent Fees
15. The CONSULTANT warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the CONSULTANT to solicit or
secure this agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for the
CONSULTANT any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this agreement.
Entire Agreement
16. This Agreement, including the Exhibits hereto, constitutes the entire Agreement
between the parties, and shall supersede and replace all prior agreements or understandings,
written or oral, relating to the matters set forth therein, and that specifically related to the
execution of this particular document.
Amendment
17. This Agreement may be amended or modified only by a Services Authorization,
or an Amendment, and as duly authorized and executed by the parties.
Validity
18. The validity, interpretation, construction, and effect of this Agreement shall be in
accordance with and governed by the laws of the State of Florida, only. In the event any
provision hereof is determined to be unenforceable or invalid, such unenforceability or invalidity
shall not affect the remaining provisions of this Agreement, which shall remain in full force and
effect. To that extent, this Agreement is deemed severable.
Headings
19. The headings of the Sections or Subsections of this Agreement are for the purpose
of convenience only, and shall not be deemed to expand, limit, or modify the provisions
contained in such Sections or Subsections.
Timeliness
20. The City and the CONSULTANT acknowledge and understand that time is of the
essence in this Agreement, and that the Services shall be performed in as expeditious a manner as
may be in accord with the nature of each Project.
Public Entity Crime
21. Any Person or affiliate, as defined in 287.133 of the Florida Statutes, shall not be
allowed to contract with the CITY, nor be allowed to enter into a subcontract for work on this
AGREEMENT, if such a person or affiliate has been convicted of a public entity crime within
three (3) years of the date this AGREEMENT was advertised for proposals, or if such person or
15
006.342914.1
affiliate was listed on the State's convicted vendor list within three (3) years of the date this
AGREEMENT was advertised, whichever time period is greater. A public entity crime means a
violation of any state or federal law with respect to and directly related to the transaction of
business with any public entity or agency (federal, state or local), involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen
property or material misrepresentation. Any AGREEMENT with the CITY obtained in violation
of this Section shall be subject to termination for cause. A Subconsultant who obtains a
subcontract in violation of this Section shall be removed from the Project and promptly replaced
by a Subconsultant acceptable to the City.
Force Majeure
22. The parties acknowledge that adverse weather conditions, acts of God, or other
unforeseen circumstances of a similar nature, may necessitate modifications to a Services
Authorization, such modifications to include, but not limited to the particular Services
Authorization's Scope, Term, and Fee. If such conditions and circumstances do in fact occur,
then the CITY and CONSULTANT shall mutually agree, in writing, to the modifications to be
made to any Services Authorization.
Remedies And Costs
23. All remedies provided in this Agreement shall be deemed cumulative and
additional, and not in lieu or exclusive of each other or of any other remedy available to either
party, at law or in equity.
Dispute Resolution and Exclusive Venue
24. As a condition precedent to the filing of any suit or other legal proceeding, the
parties shall endeavor to resolve claims, disputes or other matters in question by mediation.
Mediation shall be initiated by any party by serving a written request for same on the other party.
The parties shall, by mutual agreement, select a mediator within fifteen (15) days of the date of
the request for mediation. If the parties cannot agree on the selection of a mediator, then the City
shall select the mediator who, if selected solely by the City, shall be a mediator certified by the
Supreme Court of Florida. No suit or other legal proceeding shall be filed until the mediator
declares an impasse, which declaration, in any event, shall be issued by the mediator not later
than sixty (60) days after the initial mediation conference. The sole and exclusive venue for any
mediation shall be in Orange County, Florida. Any legal proceeding of any nature brought by
either party against the other to enforce any right or obligation under this Agreement or any
Services Authorization issued under this Agreement, or arising out of any matter pertaining to
this Agreement or the work to be performed hereunder, shall be submitted for trial, without a
jury, before the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida.
The parties consent and submit to the jurisdiction of such court and agree to accept service of
process outside the State of Florida in any matter to be submitted to any such court pursuant
hereto. The City and Consultant expressly waive all rights to trial by jury regarding any legal
proceeding of any nature brought by either party against the other to enforce any right or
obligation under this Agreement, or any Services Authorization issued under this Agreement, or
16
006.342914.1
arising out of any matter pertaining to this contract or the work to be performed hereunder. As
noted herein, the sole and exclusive venue for any litigation or other legal proceeding between
the parties shall be the Circuit Court of the Ninth Judicial Circuit in and for Orange County,
Florida.
IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the parties hereto
and by its duly authorized representatives, as of the date first written above.
ATTEST: ACCEPTED:
By:
Name: Name:
Title:
(SEAL)
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
By:
Name: Name: S. Scott Vandergrift, Mayor
Title: Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD ON
APPROVED AS TO FORM AND , 20
LEGALITY this UNDER AGENDA ITEM NO. .
FOLEY & LARDNER LLP
By:
Assistant City Attorney
TRUTH-IN-NEGOTIATION CERTIFICATE
17
006.342914.1
The CONSULTANT hereby certifies that all wage rates, and any and all other unit
costs supporting the compensation to be paid to the CONSULTANT pursuant to a Services
Authorization for the Services as set forth therein, will be accurate, complete, and current at the
date of the Services Authorization's execution.
WITNESS:
BY: BY:
Print Name: Print Name:
Title: Title:
STATE OF FLORIDA }
COUNTY OF }
PERSONALLY APPEARED before me, the undersigned authority,
, [ ] well known to me or [ ] who has produced his/her as
identification, and known by me to be the of the corporation named above, and
acknowledged before me that he/she executed the foregoing instrument on behalf of said
corporation as its true act and deed, and that he/she was duly authorized to do so.
WITNESS my hand and official seal this day of , 20_.
NOTARY PUBLIC
Print Name:
My Commission Expires:
18
006 342914.1
Center of Good Liv
Mayor Commissioners
S. Scott Vandergrift .. ri `' Danny Howell, District 1
Scott Anderson, District 2
Acting City Manager Rusty Johnson, District 3
V. Eugene Williford r Nancy J. Parker, District 4
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS
(RFQ) #0403
CONTINUING CONTRACTS FOR
SURVEYING AND MAPPING SERVICES
City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761
phone: (407)905-3100•fax:(407)656-8504•www.ci.ocoee.fl.us
LEGAL ADVERTISEMENT
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS "RFQ" #0403
CONTINUING CONTRACTS FOR SURVEYING AND MAPPING SERVICES
Ocoee City Commission
The City of Ocoee, Florida, in conformance with the Consultants' Competitive Negotiations Act
(CCNA), Florida Statutes Section 287.055,et seq. and the policies and procedures of the City of
Ocoee (City) is soliciting statements of qualifications from surveying and mapping firms that are
interested in providing general surveying and mapping services for various planning, design and
review projects.
The City intends to award continuing contracts to no fewer than three (3) firms deemed to be the
most highly qualified to perform the required services. In determining whether a firm is
qualified, the City shall consider such factors as the ability of professional personnel; whether a
firm is a certified minority business enterprise; past performance; willingness to meet time and
budget requirements; location; recent, current, and projected workloads of the firms; and the
volume of work previously awarded to each firm by the City, with the object of effecting an
equitable distribution of contracts among qualified firms, provided such distribution does not
violate the principle of selection of the most highly qualified firms. Firms selected by the City
will provide surveying and mapping services to the City on an as needed basis, based upon task
orders to be issued by the City under the continuing contracts. The contracts shall automatically
be renewed annually unless terminated by the City in writing, for a maximum of five years from
the date of the execution.
Qualification packages must be received no later than 2:00 p.m. (local time) on August 5,2004.
Any qualification packages received after the above noted time will not be accepted under any
circumstances. Any uncertainty regarding the time a qualification package is received will be
resolved against the Respondent. Qualification packages submitted after this designated time will
be returned unopened.
Firms or companies interested in providing the surveying and mapping services shall submit one
(1) original and five (5) copies of their qualifications to the City of Ocoee Finance Department
by the submission deadline to the attention of:
Joyce Tolbert, Buyer
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Phone: (407)905-3100 x 1516
FAX number: (407) 656-3501
itolbertnci.ocoee.fl.us
No fax or electronic submissions will be accepted.
RFQ 0403 2
The City through written inquiries directed to Joyce Tolbert, Buyer, will receive questions
regarding the RFQ. Deadline for receipt of written inquiries will be July 23,2004.
Interested firms may secure a copy of the RFQ documents through Demandstar by accessing the
City's website at www.ci.ocoee.fl.us/PE23.asp under Bids/Vendors, or copies are available from
the contact person identified above for a non-refundable reproduction and/or administrative
fee of$20.00. Checks should be made payable to the City of Ocoee. Copies via e-mail are not
available and partial sets of RFQ documents will not be issued.
Firms or companies interested in providing the surveying services may be disqualified if they
have contacts with the Mayor, City Commissioners, or any City staff other than person identified
above about the RFQ during the submission or selection process.
Pursuant to Section 287.133(2)(a), Florida Statutes, interested firms who have been placed on the
convicted vendor list following a conviction for public entity crimes may not submit a proposal
on a contract to provide services for a public entity, may not be awarded a consultant contract
and may not transact business with a public entity for services, the value of which exceeds
$15,000 for a period of 36 months from the date of being placed on the convicted vendor list.
City Clerk July 4, 2004
RFQ 0403 3
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS "RFQ"#0403
CONTINUING SURVEYING & MAPPING SERVICES
TYPICAL SCOPE OF SERVICES:
The City of Ocoee, Florida, in conformance with the Consultants' Competitive Negotiations Act
(CCNA), Florida Statutes Section 287.055, and the policies and procedures of the City of Ocoee
(City) is soliciting statements of qualifications from surveying and mapping firms that are
interested in providing general surveying and mapping services for various planning, design and
review projects.
The City intends to award continuing contracts to no fewer than three firms deemed to be the
most highly qualified to perform the required services. Each continuing contract shall
automatically be renewed annually, for up to a maximum of five (5) total years, unless
otherwise terminated by either party, in writing, given 30 days notice.
The scope of work to be performed under task orders issued under the continuing contracts may
consist of, but will not necessarily be limited to: review, planning, design and construction phase
surveying and mapping services for public and private projects within the City. Typical
assignments would include,but would not be limited to the following:
• Horizontal and vertical survey for existing and new roadways, drainage ponds, ditches,
canals, land parcels, etc.
• Verification of existing rights-of-way and establishment of new right-of-way lines for
ongoing or projects
• Performance of preliminary and final roadway or utility alignment surveys
• Parcel surveys
• Preparation of legal descriptions with or without sketches of description
• Plat review in accordance with Chapter 177, Florida Statutes
• Establishment of the limits of existing ditches and canals
• Collection of data through use of Global Positioning Satellite technology
• Lake and pond water level elevation identification and verification
• Horizontal and vertical underground and overhead utility (water, sanitary, fiber optic,
coaxial, etc.) survey
• Soft-dig services
• Miscellaneous surveying or mapping services
Interested firms must be experienced in providing surveying and mapping services for projects of
a scope and nature comparable to those described. To be considered, the firm shall be a licensed
professional in accordance with Florida State law and be familiar with all applicable State of
Florida, Orange County and City of Ocoee codes, regulations and laws. Include a copy of the
firm's contractor's license.
RFQ 0403 4
SUBMISSION REQUIREMENTS:
The interested and qualified firms shall submit a Statement of Qualifications describing their
qualifications and experience in the type of work requested. Submissions shall be limited to a
total of twenty (20) 8.5"x 11" pages (including resumes; but, excluding front and back covers,
dividers, and a 2—page cover letter), single-sided, portrait orientation, 12-point font. The
required submission material includes the following:
I.Firm's Qualifications
• List of all firm's employees,their qualifications, and their role for the City services.
• Firm's and employee's certifications and registration with regulatory agencies,
professional organizations, etc.
• List firm's sub-consultants, their qualifications, and their role in this project.
• List of firm's other current or recently completed similar services within the past two 2
years with other public or private agencies.
• List and quantity of firm's (and firm's sub-consultants' if applicable) equipment
including survey instruments, computers,plotters, vehicles, etc.
• List of at least three (3) client references to include organization name, contact person,
telephone number(s), and e-mail address.
II.Firm's Office Location
• List the location of all offices (firm and sub-consultants) involved with this project and
approximate distance (in miles) and time (in hours)to City Hall.
III. Firm's Financial Information
• Tabulation of employee's current (base year) loaded hourly rates and anticipated annual
increases and hourly rates.
• Tabulation of all other charges and amounts which may appear or would be charged to
the City on the firm's invoices such as production charges,travel expenses, etc.
• Per crew(2-person, 3-person, etc.) loaded hourly rates, if any.
The City reserves the right to accept or reject any or all submittals that it may, in its sole
discretion, deem unresponsive, or to waive technicalities which best serves the overall interests
of the City.
Cost of preparation of a response to this RFQ is solely that of the consultant and the City
assumes no responsibility for such cost incurred by the consultant.
Any request to withdraw a Qualification Package must be addressed in writing as above. Such
requests must be received by the City prior to the deadline for submission.
RFQ 0403 5
Proof of Professional Liability Insurance:
Provide a current insurance certificate providing proof of Professional Liability Insurance.
The successful Respondent shall be required to provide evidence of both General (Public &
Property) Liability and Professional (Design Errors and Omissions) Liability Insurance in the
form of a certificate of insurance issued on behalf of the City of Ocoee by companies acceptable
to the City at the following minimum limits and coverage's with deductible amounts acceptable
to the city:
Comprehensive General Liability Insurance: $1,000,000.00
(The City of Ocoee is to be named as an additional insured)
Professional Liability Insurance: $1,000,000.00
(Design Errors and Omission)
The following is the City's Standard Insurance Requirements:
The Contractor shall not commence any work in connection with an Agreement until all of the
following types of insurance have been obtained and such insurance has been approved by the
City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until
all similar insurance required of the subcontractor has been so obtained and approved. Policies
other than Workers' Compensation shall be issued only by companies authorized by subsisting
certificates of authority issued to the companies by the Department of Insurance of Florida which
maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better
according to the A.M. Best Company. Policies for Workers' Compensation may be issued by
companies authorized as a group self-insurer by F.S. 440.57, Florida Statutes.
a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any
sums of money, which may represent a deductible in any insurance policy. The
payment of such deductible shall be the sole responsibility of the General Contractor
and/or subcontractor providing such insurance.
b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this
Agreement, Worker's Compensation Insurance with Employer's Liability Limits of
$500,000/$500,000/$500,000 for all the Contractor's employees connected with the
work of this project and, in the event any work is sublet, the Contractor shall require
.the subcontractor similarly to provide Workers' Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by
the Contractor.. Such insurance shall comply fully with the Florida Workers'
Compensation Law. In case any class of employees engaged in hazardous work under
this contract for the City is not protected under the Workers' Compensation statute,
the Contractor shall provide, and cause each subcontractor to provide adequate
insurance, satisfactory to the City, for the protection of the Contractor's employees not
otherwise protected.
• Include Waiver of Subrogation in favor of the City of Ocoee
RFQ 0403 6
c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall
obtain during the life of this Agreement COMMERCIAL AUTOMOBILE
COVERAGE, this policy should name the City of Ocoee as an additional insured, and
shall protect the Contractor from claims for damage for personal injury, including
accidental death, as well as claims for property damages which may arise from
operations under this Agreement whether such operations be by the Contractor or by
anyone directly or indirectly employed by the Contractor, and the amounts of such
insurance shall be the minimum limits as follows:
Automobile Bodily Injury Liability&Property Damage Liability
• $1,000,000 Combined single limit per occurrence (each person, each accident)
• All covered automobile will be covered via symbol 1
• Liability coverage will include hired&non-owned automobile liability
• Include Waiver of Subrogation in favor of The City of Ocoee
Comprehensive General Liability (Occurrence Form) - this policy should name the City of
Ocoee as an additional insured and should indicate that the insurance of the Contractor is
primary and not contributory over the insurance of the City of Ocoee.
• $2,000,000 GENERAL AGGREGATE
• $1,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE
• $1,000,000 PER OCCURRENCE
• $1,000,000 PERSONAL &ADVERTISING INJURY
• Include Waiver of Subrogation in favor of the City of Ocoee
Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's
Compensation Insurance: The Contractor shall require each subcontractor to procure and
maintain during the life of this subcontract, insurance of the type specified above or insure the
activities of these subcontractors in the Contractor's policy, as specified above.
Owner's Protective Liability Insurance: The Contractor shall procure and furnish an Owner's
Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence,
$2,000,000. Aggregate and naming the City of Ocoee as the Named Insured.
Contractual Liability - Work Contract: The Contractor's insurance shall also include contractual
liability coverage. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE
LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL
INSURED.
• $1,000,000 PER OCCURRENCE
• $2,000,000 AGGREGATE
Certificates of Insurance: Certificate of Insurance Form, naming the City of Ocoee as an
additional insured will be furnished by the Contractor upon notice of award. These shall be
completed by the authorized Resident Agent and returned to the Office of the Buyer. This
certificate shall be dated and show:
The name of the Insured contractor, the specific job by name and job number, the name of the
insurer,the number of the policy, its effective date, its termination date.
RFQ 0403 7
Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any
material changes in provisions or cancellation of the policy.
SELECTION CRITERIA
Qualification Packages will be reviewed and evaluated by a Selection Committee and a short list
of qualified firms may be invited to make a formal presentation. The Qualification Packages will
be reviewed and evaluated in accordance with the following criteria and weighting factor:
1. Overall Experience of the Firm 20 %
2. Past Performance and Experience of the Firm 15 %
3. Past Performance and Experience with or in the City 15 %
4. Past Performance and Experience of the Team Members 15 %
5. Ability to Meet Time and Budget Requirements 10 %
6. Affect of legal action against the Firm 10%
7. Location of the office and proximity to the City of Ocoee 5 %
8. Projected workloads of the Firm 5 %
9. Certified Minority Business Enterprise 5 %
SELECTION PROCEDURES
A City selection committee will evaluate each respondent's qualifications and will short-list and
recommend to the City Commission no fewer than three (3) firms (or more as determined by the
City)to provide the requested services. The City Commission's decision shall be final.
The three (3) firms will be selected for contract negotiations. The criteria for selection shall be
based on the selection criteria above, including the firm's qualifications, service location, past
performance, and reference check. The City reserves the right, before awarding the contract, to
require a Respondent to submit such evidence of its qualifications, as it may deem necessary.
The City shall be the sole judge of the competency of Respondents.
All successful Respondents shall be required to execute an agreement providing that all plans,
drawings, reports, and specifications that result from Respondent's services shall become the
property of the City. Upon the successful negotiation of an agreement, a formal contract will be
prepared and submitted to the City Commission for approval, and executed by both parties
ASSIGNMENT PROCEDURES
When a surveying and/or mapping need arises, various City Departments will prepare and e-mail
or fax a brief description of the required task and project schedule to the three (3) or more
selected firms. Each request from City Departments shall include a specific project number and
a financial account information number for funding. It shall be each Department's responsibility
to verify funding source, amounts, and balances.
RFQ 0403 8
Within 48-hours of the receipt, each firm shall e-mail or fax (followed by mailing of the original)
a lump sum proposal for requested work to the requesting City Department within 48 hours of
the request. Each City Department will individually select the successful proposal and issue a
purchase order to the selected firm for the work. The selection criteria will not necessarily be
dependent on the lowest proposal amount only. Other factors such as meeting project schedule,
firm's capability in the type of service requested, and past performance may also be considered.
The City shall reserve the right in its sole discretion to award a task to a firm that submits other
than the lowest proposal amount for performing the task. No work shall commence until the
verification of the issuance of the purchase order.
Invoicing for completed work or progress billing shall be submitted to the requesting City
Department for processing and submission for payment by the Finance Department with a copy
to:
Finance Department
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
RFQ 0403 9
COMPANY INFORMATION/SIGNATURE SHEET RFC,#0403
FAILURE TO COMPLY WITH THESE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF
YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND
UNDERSTAND ALL RFQ INSTRUCTIONS, AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL
RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE
CITY OF OCOEE.
COMPANY NAME TELEPHONE(INCLUDE AREA CODE)
FAX (INCLUDE AREA CODE)
E-MAIL ADDRESS
IF REMITTANCE ADDRESS IS DIFFERENT
AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
•
NAME/TITLE(PLEASE PRINT)
STREET ADDRESS
CITY STATE ZIP
FEDERAL ID#
Individual Corporation Partnership Other(Specify)
Sworn to and subscribed before me this day of ,20
Personally Known or
Produced Identification
Notary Public-State of
(Type of Identification) County of
Signature of Notary Public
Printed,typed or stamped
Commissioned name of Notary Public
RFQ 0403 10