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Item #15 Appointment of commissioner to Selection Committee for RFQ #0901 Continuing Contracts for Engineering Services AGENDA ITEM COVER SHEET Meeting Date: November 18, 2008 Item # , 5 Contact Name: Contact Number: Joyce Tolbert 1516 Reviewed By: Department Director: City Manager: ~ --- Subject: Appointment of Commissioner to Selection Committee for RFQ #0901 Continuing Contracts for Engineering Services Background Summary: In compliance with City Commission direction of October 2, 2007, staff is requesting a Commissioner be appointed to the Selection Committee to evaluate responses received for RFQ #0901 Continuing Contracts for Engineering Services. The selection committee meeting is tentatively scheduled for Tuesday, January 13, 2009 at 10:00 a,m. Issue: Appointment of Commissioner to the Selection Committee for RFQ #0901. Recommendations Staff recommends that the City Commission appoint a Commissioner to serve on the Selection Committee for RFQ #0901 Continuing Contracts for Engineering Services, Attachments: 1. RFQ #0901 Financial Impact: Type of Item: (please mark with an "x") Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval X Discussion & Direction For Clerk's Deaf Use: Consent Agenda _ Public Hearing Regular Agenda Original DocumenUContract Attached for Execution by City Clerk Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) dfLJtJ- N/A N/A N/A Mayor S. Scott Vandergrift (enter of Good L . <\,'r>e Jf?i~ Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Joel Keller, District 4 City Manager Robert Frank CITY OF OCOEE REQUEST FOR QUALIFICATIONS (RFQ) #0901 CONTINUING CONTRACTS FOR ENGINEERING SERVICES City ofOcoee. 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" #0901 CONTINUING CONTRACTS FOR ENGINEERING 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 qualified professional engineering firms or individuals that are interested in providing general engineering services for engineering related planning, public works and utilities projects for studies, design, plans production, construction management, traffic impact analysis, and other miscellaneous engineering and planning projects. The City intends to award continuing contracts to no fewer than four (4) firms deemed to be the most highly qualified to perform the required services, In addition, it is the City's intent to select two major and/or mid-level firms, and two small firms or individuals. In determining whether a firm or individual 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 engineering 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 December 10, 2008. 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, companies and/or individuals interested in providing the engineering services shall submit one (1) original hard copy and five (5) electronic copies of their qualifications. The copies shall be submitted in a fully electronic form on a CD-ROM as an Adobe PDF file, version 5 or later. Submit qualification packages the City of Ocoee Finance Department by the submission deadline to the attention of: Joyce Tolbert, Purchasing Agent City of Ocoee 150 N, Lakeshore Drive Ocoee,Florida 34761 RFQ #090 I - Continuing Engineering 2 Phone: (407) 905-3 I 00 x 1516 FAX number: (407) 656-3501 jto I bert@ci.ocoee. n, us No/ax or e-mailed submissions will be accepted. Thc City through written inquiries only, directed to the Purchasing Agent, will rcceive qucstions regarding the RFQ. Dcadline for receipt of written inquiries will be Dcccmber 1, 2008 at 5:00 p.m. Interested firms may secure a copy of the RFQ documents through Demandstar by accessing the City's website at www.ci.ocoee./l.us under Bids/Vendors, or copies are available from the contact person identified above for a non-rcfundable reproduction and/or administrative fcc of $20.00. Checks should be made payable to the City of Ocoee. Copics via e-mail are not available and partial sets of RFQ documents will not be issued. Firms or companics intcrested in providing the engineering services may be disqualified if they have contacts with the Mayor, City Commissioners. or any City stafl' other than person identitied 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 CATI:GOR Y TWO for a period of 36 months from the date of being placed on the convicted vendor list. City Clerk November 9,2008 RFQ #0901 - Continuing Engineering 3 CITY OF OCOEE REQUEST FOR QUALIFICATIONS "RFQ" #0901 CONTINUING ENGINEERING SERVICES A. INTRODUCTION 1. The City of Ocoec, Florida, in conformance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287,055, and thc policies and procedures of the City of Ocoec (City) is soliciting statements of qualifications from qualified professional engineering firms or individuals that are interested in providing general engineering services for various enginecring related planning, public works and utilities studies, design, plans production, and construction managemcnt services, In accordance with the CCNA, the work contemplated under these continuing contracts will be limited to routine tasks related to construction projects expected to cost no more than $1 million, for studies not costing more than $50,000, and to those tasks explicitly listed below without regard to the cost of the work or any subsequent construction. Engineering services related to any project that does not fall within these categories will be separately solicited as an individual effort in conformance with the CCNA, The City intends to award continuing contracts to no fewer than four (4) firms and individuals deemed to be the most highly qualified to perform the required services. It is the City's intent to select two major and/or mid-level firms, plus two small firms or individuals, 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, givcn 30 days notice 2. Interested firms or individuals must be experienced in providing engineering services for projects of a scope and nature comparable to those described, Use of qualified sub- consultants for specialty work is acceptable. To be considered, the firm or individual shall be a licensed professional in accordance with Florida State law and be familiar with all applicable Statc of Florida, St. Johns River Water Management District, Orange County and City of Ococe codcs, rcgulations and laws. Please include a copy of all applicable licenses held by firms or subconsultants proposed to perform work, 3, All contacts rcgarding this solicitation shall be made to Joyce Tolbert, Purchasing Agent, in writing, no later than 5:00 P.M., local time, on December 1, 2008. Potential Respondents should not contact City staff, with the exception of the Purchasing Agent, or other City consultants for information regarding this RFQ before the project award date, Any contact with any other member of the City Staff, City Commission, or its Agents during the RFQ, award, and protest period may be grounds for Respondent disqualification. RFQ #0901 - Continuing Engineering 4 4. Each Respondent must provide a Qualification Package that consists minimally of a Transmittal Letter, Statement of Qualifications, and Company Information Form, Please also include a copy of all applicable licenses held by firms or key subconsultants proposing to perform the work. Statements of Qualifications must be limited to a total of forty (40) 8.5"x 11" pages (including resumes and 2-page cover letter but excluding front and back covers, Forms 254/255 or 330, dividers, and Company Information Form), single-sided, portrait orientation, 12-point font. Any Qualifications Package fail ing to conform to these specifications is subject to rejection. The person signing the Transmittal Letter on behalf of the Respondent must have the legal authority to bind the Respondent to the submitted Qualification Package and shall be understood to do so. 5. All Qualification Packages must be received by the City at the location stated in paragraph 6 of the RFQ not later than no later than 2:00 p.m., local time, on Decem ber 10, 2008. Any Qualification Package received after the above stated time and date shall not be considered. It shall be the sole responsibility of the Respondent to have the Qualifications Package delivered to the Ocoee City I-Iall by U.S. mail, hand delivery', or any other method available to them. Delay in delivery shall not be the responsibility of the City. A Qualifications Package received after the deadline shall not be considered and shall be returned unopened, Any request to withdraw a Qualification Package must be addressed in writing. Such requests must be received by the City prior to the deadline of the submission 6. Firms, companies and/or individuals interested in providing the enginecring services shall submit one (I) original hard copy and five (5) electronic copies of their qualifications each on a separate CD-ROM as an Adobe PDF file, version 5 or later. Qualification Packages shall be submitted to the City of Ocoee in one scaled package, clearly marked on thc outside with the appropriate RFQ number and closing date and timc, addressed to: City of Ocoee Attn: Joyce Tolbert, Purchasing Agent 150 North Lakeshore Drive Ocoee, FL 34761-2258 (407) 905-3100 ext. 1516 (407) 656-3501 - fax itol bert@ci.ocoee.n.us No/ax or emailed RFQ submissions will be accepted. All expenses for providing Qualification Packages to the City shall be borne by the Respondent. 7. Action on Qualification Packages is expectcd to be taken by the City within ninety (90) days of the due date; however, no guarantee or representation is made herein as to the time bctween receipt of the Qualification Package and subsequent Commission action, 8, The City rescrves the right to accept or reject any or all Qualification Packages, to waive irregularities and technicalities, and to request resubmission or to re-advertise for all or any part of the RFQ, The City shall be the sole judge of each Qualification Package and the RFQ #0901 - Continuing Engineering 5 resulting negotiated agreement that is in the City's best interest. The City's decision shall be final. 9, All applicable laws and regulations of the United States, the State of Florida, and the City of Ocoee will apply to any resulting Agreement. The provisions of the Consultant's Competitive Negotiations Act (Section 287,055, Florida State Statutes) shall apply, where applicable. 10. The successful Respondent shall be required to execute an Agreement, in form and content acceptable to the City, indemnifying and holding harmless the City, its officials, officers, employees, and agents from all claims. II. 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 and naming the City as an additional insured, by companies acceptable to the City at the following minimum limits and coverage's with deductible amounts acceptable to the City: INSURANCE TERMS AND CONDITIONS The selected 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 Subconsultant to commence work on a subcontract until all similar insurance required of the Subconsultant 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 Consultant and/or subconsultant 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 projcct and, in the evcnt any work is sublet, the Consultant shall require thc subconsultant similarly to provide Workers' Compcnsation Insurance for all of the lattcr's cmployees unless such employees are covcred by the protection affordcd by the Consultant. Such insurance shall comply fully with thc Florida Workers' Compensation Law, In case any class of employees engaged in hazardous work under this contract for thc City is not protected undcr the Workers' Compensation statute, the Consultant shall provide, and cause each subconsultant to provide adequate RFQ #0901 - Continuing Engineering 6 insurance, satisfactory to the City, for thc protcction of thc Consultant's employees not otherwise protected. Include Waiver of Subrogation in favor of the City of Ocoee. c) Consultant's Public Liability and Property Damage Insurance: The Consultant 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 thc Consultant and thc City 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 anyonc dircctly or indirectly cmployed by the Consultant, and the amounts of such insurance shall be the minimum limits as follows: Automobile Bodily Iniury Liability & Property Damage Liability . $1,000,000 Combined single limit per occurrence (cach 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 (Occurrencc Form) - This policy should name the City of Ococe as an additional insured and should indicate that the insurance of the Consultant is primary and non-contributory, . $2,000,000 GENERAL AGGREGATE . $2,000,000 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 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 thc type specified above or insure the activities of these subconsultants in the Consultant's policy, as specified above. Owner's Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performcd for the named insured by independent consultants and are directly imposed bccause of thc named insured's general supervision of the independent consultant. 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. Contractual Liability: If the project is not bonded, thc Consultant's insurance shall also include contractual liability coverage to insurc thc fulfillmcnt of thc contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. . $1,000,000 PER OCCURRENCE RFQ #0901 - Continuing Engineering 7 . $2,000,000 AGGREGATE Commercial Umbrella: · $1,000,000 PER OCCURRENCE . $2,000,000 Aggregate · Including Employer's Liability and Contractual Liability Builders Risk: . $100,000 Any (I) Location · $1,000,000 Any (1) Occurrence Certificates of Insurance: Certificate of Insurance Form (see sample attached), naming the City of Ocoee as an additional insured will be furnished by the Consultant upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: · The name of the Insured consultant, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. · Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premIUm. (remainder of page left blank intentionally) RFQ #0901 - Continuing Engineering 8 A'-O.B(J. CERTIFICATE OF LIABILITY INSURANCE OPID J91 .,.."'...;o""~'" FRAZE.1 _ ..llLQ.4 04 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOHMATION I ON LV ANO CONFeRS NO RIGHTS UPOPi THE CERTIFICATE I HOLDER. THIS CERTIFICATE ODES NOT AMEND. EXTEND OR I p~_l',~::~~~~~;;:,~,N, G,-,:, ~,:;~:"D,_,~, ~=~:O_L,}~I~~ (~,~:,O,~,:~_, -~ ~N~.~.. .':'I_.!!..!!. ~..~l.llf .~~...!~tl'.___...~. ___~~. ..__...._ i 1I'AAJIl'l(1~ /1. . 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WorKor,' Compen..tion, bp10yerel Liability" Genlllral Litlb'!.lity shall oone.tdn .. Waiver of Subrogation in favor ot the certitioat.e hold.r. rhe certitic:ate holder 1u added all . rmai iruxaJ fa:" B...rl..ld:n; Ria<... CANCEl.l.AnON ~T1FlCAT~ HOLOER I \ ~HOVlO -.,.'1 OF no!! A&Olo'l! OUClIltfU!O il'OLlClU" C;.v.C(I.~l::1 U'Olllf 'Off" f).~tft.Ano" DArE l"'l.ll!Q', THe IJlo\oll'tO ""V"l'- "'ll~ 'NOU."'O" TO......lo. :..L P",U WIIlrrr"f:H 1I0T11:r; TO T~l! Ct:IIITlnCATf: ~0lDf!f,l "'''''''0 TO 'Mil U"~. 9tJT '''';.l.;RI! TO 0() so Slo\Al..l lMl"03l! NO OIt..IGAT.oH Oil: l\A8ILffY OF A/tv IOJoIO UItOH r~! If''i$URER,1l5 AC,;EIolTS OM. OC021<Ol Ci ty 0 f OC08e 150 N. ~ake.nore Drive Oco.. PL 34761.2258 RIPAUi.J'IITATrYU. AlJTHUotllW R"il"fl.UIN'T"TNf. .----....---". ';;'CORD 251~C01l0Bl ''0 'ACORO CORPORATION 1.9S( S~MPt.1F RFQ #0901 - Continuing Engineering 9 B. BACKGROUND The City intends to award continuing contracts to no fewer than four (4) firms deemed to be the most highly qualified to perform the required services. In addition, it is the City's intent to select two major and/or mid-level firms, and two small firms or individuals. In determining whether a firm or individual 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 thc principle of selection of the most highly qualified firms, Firms selected by the City will provide cngineering 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 rcncwed annually unless terminated by the City in writing, for a maximum of five years from the date of the execution. C. SCOPE OF SERVICES The scope of work to be performed under task orders issued under the continuing contracts may consist oC but will not necessarily be limited to: data collection, planning and cngineering studies, design, preparation of construction plans and special provisions, and construction phase enginecring services for rchabilitative or new construction. Typical assignments may include, tasks like the following: Engineering Design Services Tasks for services under this topic may include but are not limited to: . Preliminary analysis & conceptual design of minor engineering projects . Plan production services in the latest available version of AutoCAD . Minor roadway and intersection design and preparation of related plans and construction documents . Minor drainage infrastructure and pollution abatement design and preparation of plans and construction documents . Replaccment and/or upgrade of sanitary sewer lift stations and associated force mains . Extension of sanitary sewer service to existing areas on septic tanks or developing areas . Extcnsion of reclaim water mains to retrofit existing developments . Extcnsion and/or replacemcnt of neighborhood water distribution systems . Replacement of undersized or nonconforming material water mains . Dcsign and preparation of plans and documents for new walls and rehabilitation of existing walls . Dcsign of park structures and/or review of structure designs dcvclopcd by City staff . Post-design serviccs . Preparation of as-built drawings and other surveying tasks . Miscellancous engincering design services RFQ #090 I - Continuing Engineering 10 Engineering Studies and Services Other than Design Tasks for services under this topic may include but are not limited to: . Reuse watcr service studics and planning . Wastewater collection master plan . Capital improvements and infrastructure rehabilitation master planning . Stormwater infrastructure planning & analysis . Sidewalk need assessment & planning studies . Traffic impact analyses associatcd with proposed development . Traffic mitigation planning studies . Watcr and wastewater treatment processes . Assistancc in development review under the City's Land Development Code . Assistance with preparation and modification of the City's Comprehensive Plan and related activities . Miscellaneous engineering planning services Non-engineering Technical Services Tasks for services under this topic may include but are not limited to: . On-site inspection of construction work by cngineering technician · Production of CAD drawings without related design services . Printing and copying of design documents . Ficld compilation of data for inventory mapping and facility management, and/or the transformation of such data to a form suitable for use in ArcGIS or AutoCAD. . Crcation of 3D illustrations and other graphics for public involvement activitics Intcrested firms or individuals must be expericnced in providing enginecring scrvices for projects of a scope and nature comparable to those described. Use of qualified sub- consultants for specialty work is acceptable. To be considered, the firm or individual shall be a licensed professional in accordance with Florida State law and be familiar with all applicable State of Florida, St. Johns River Water Management District, Orange County and City of Ocoee codes, regulations and laws. Please include a copy of all applicable licenses held by firms or subconsultants proposed to perform work. D. SUBMITTALS Qualilication Packages shall be designed to portray to the City how the Respondent's range of scrvices can best achieve the anticipated Scope of Services. In order for the City to evaluatc the Qualification Packages, each Respondent shall provide information relative to their ability to provide services that will best meet the needs of the City. The required submission materials shall include the following: RFQ #0901 - Continuing Engineering I I I. Firm's Qualifications . List of all firm's key employees, their qualifications, and their role for the City services. . Firm's and employee's certifications and registration with regulatory agencies, professional organizations, ctc. . List firm's sub-consultants, their qualifications, and their role in this project. . List of firm's other current or recently completed simi lar serviccs within thc past two (2) years with other public or private agencies, . List and quantity of firm's (and firm's sub-consultants, if applicable) equipmcnt, including CADO Workstations, Traffic Counters, etc, . List of at least three (3) client references to include organization name, contact person, telephonc number (s), and e-mail address. II. Firm's Office Loc~ltion . List the location of all offices (tirm and sub-consultants) involved with this project and approximate distance (in miles) and time (in hours) to Ocoec City Hall. III. Other Required Forms Thcse forms are required of the firm and KEY sub-consultants: . Forms 254/255 or 330. . Summary of Litigation . Minority Busincss Enterprise Certification, if applicable. . Addenda Acknowledgement, if applicable. . Company Information/Signature Form. The City reservcs thc right to accept or reject any or all submittals that it may, in its sole discretion, deem unresponsive, or to waive technicalities, as 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 rcsponsibility 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 #0901 - Continuing Engineering 12 E. EV ALUA TION 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 factors: 1. Overall expertise of the firm to provide requested services 40% . General civil . Roadway and other transportation . Environmental and storm water . Potable water, sanitary sewer, and reclaimed water utilities . Planning . Parks & recreation 2. Past performance and experience of the team members 25 % 3, Ability to mcet time and budget requirements 15 % 4, Affect of legal action against the firm 10% 5. Location of the office and proximity to the City of Ocoee 5% 6. Certified minority business enterprise 5% Information supplied by client references may be used in determining the relative merits of a Respondent under any and all of the above-listed criteria. F. SELECTION PROCEDURES & CONTRACT NEGOTIATIONS Selection shall be based on the criteria listed above, including the firm's qualifications, 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 the City may deem necessary, The City shall be the sole judge of the competency of Respondents, A City selection committee will evaluate each respondent's qualifications and will short- list and recommend to the City Commission no fewer than four (4) firms (or more as determined by the City) in ranked order of qualifications based upon the selection committee's evaluation of the proposals and any client references. All Respondents shall be notified via electronic or other means of staffs recommended ranking of firms to the City Commission, The City Commission's decision to endorsc or modify the ranking by stafr shall be final. The City Commission will select at least four (4) firms for contract negotIatIOns. Selected firms need not be able to supply all listed services. Firms may be selected because of their expertise in particular areas of engineering, such as roadway design or utility system planning, or for the breadth of their competencies. Firms may also be selected based on the size of the firm, with both smaller and larger firms included in the RFQ #0901 - Continuing Engineering 13 list of thosc selected for contract negotiation. Thc City Commission's dccision shall be final. All succcssful Respondents shall be requircd to execute an agreement that provides, among other things, for all plans, drawings, reports, and specifications that result from Respondent's services to 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. G. BID PROTESTS The City's Finance/Purchasing Department will consider Bid Protests seeking contract award, damages, and/or any other relief. Any Bidder seeking to file a Bid Protest SHALL use the following procedures: 1, A bidder SHALL file a written Bid Protest under this Article, or be barred any rclicf. 2, A Bid Protest: (a) must be in writing (oral protests will NOT be acknowledged); (b) the content of the Bid Protest shall fully state the factual and legal grounds for the protcst and the legal basis for the relief requested; and (c) the Bid Protest shall be filed with the Purchasing Agent not later than three (3) calendar days after the posting of the staffs recommended ranking of Respondents to the City Commission, 3. After a Bid Protest has been properly filed with the City, the City, by and through its Purchasing Department shall make a determination on the merits of the protest not later than five (5) business days after receipt of the protest. I f the City denies the protest, the City may proceed with award of the Contract unless enjoined by order of a Court of competent jurisdiction. 4, A Bid Protest SHALL be limited to the following grounds: (a) issues arising from thc procurement provisions of the Project Manual and/or the Bid Package or Contract Documents; and/or (b) applicable federal, state or local law. No Bid Protcst may be based upon questions concerning the design documents, The Biddcr shall clarify all such questions concerning the design of the project prior to submitting its bid, END INSTRUCTIONS RFQ #090 I - Continuing Engineering 14 COMPANY INFORMATION/SICNATURE SHEET RFQ #0901 FAILURE TO COMPLY WITH THESE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW ATTESTING THAT YOU I-lAVE 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 AUTHORIZED SIGNA TlJRE (manual) IF REMITTANCE ADDRESS IS DIFFERENT 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 (Type of Identification) Notary Public - State of County of Signature of Notary Public Printed, typed or stamped Commissioned name of Notary Publ ic RFQ #0901 - Continuing Engineering 15