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HomeMy WebLinkAbout2019 09 09 Regular 500 - Advisory Selection Committee Ranking for RFQ 05-19 LR "Professional Services for Utilities Operations, Maintenance, and Management Services" REGULAR AGENDA ITEM 500 y CITY COMMISSION AGENDA I SEPTEMBER 9, 2019 1 REGULAR MEETING TITLE Advisory Selection Committee Ranking for PFQ OS-19 LP "Professional Services for Utilities Operations, Maintenance, and Management Services" SUMMARY The City sought submittal of qualifications for Utilities Operations, Maintenance, and Management Services for the City's water, wastewater, reclaimed water, and stormwater utilities. Responses to Request for Qualifications (PFQ) OS-19 LP "Professional Services for Utilities Operations, Maintenance, and Management Services" were reviewed and evaluated by an Advisory Selection Committee comprised of City staff. The total scoring for each of the two Respondents was announced at the Advisory Selection Committee Meeting on August 20, 2019. The scoring totals (out of a maximum 300 points) and rankings are as follows: • 1 -Veolia Water North America - South, LLC (Total = 278 points) • 2 - US Water Services Corporation (Total = 229 points) The City's Advisory Selection Committee has selected Veolia Water North America - South, LLC as the top-ranked firm. This Respondent was the most qualified firm, demonstrating experience and financial capability to effectively and efficiently assume responsibility for managing the City's two wastewater plants, three water plants, reuse augmentation plant, reclaimed water storage and pumping system, SO lift stations, and stormwater infrastructure. RECOMMENDATION The City's Advisory Selection Committee for PFQ OS-19 LP "Professional Services for Utilities Operations, Maintenance, and Management Services" recommends the City Commission approve Veolia Water North America - South, LLC as the top- ranked firm and authorize the City Manager and City Attorney to enter into contractual negotiations with this Respondent. t � 1 Incorporated 1959 City of Winter Springs, Florida REQUEST FOR QUALIFICATIONS RFQ#05-19 LR for Professional Services for Utilities Operations, Maintenance, and Management Services City of Winter Springs, Florida 1126 East SR 434 Winter Springs, FL 32708 407-327-1800 City of Winter Springs, FL REQUEST FOR QUALIFICATIONS RFQ#05-19 LR Professional Services for Utilities Operations, Maintenance, and Management Services TABLE OF CONTENTS 1. INTRODUCTION ? 11. EVALUATION CRITERIA 5 111. SUBMITTAL REQUIREMENTS 7 --------------------------------------------------------------------------------------- IV. REFERENCE DOCUMENTS 10 V. CONTRACTS OPERATIONS OBJECTIVES 11 V1. REQUIRED FORMS 14 1 City of Winter Springs, Florida REQUEST FOR QUALIFICATIONS RFQ#05-19 LR Professional Services for Utilities Operations, Maintenance, and Management Services I. INTRODUCTION The City of Winter Springs, Florida (City) invites the submittal of qualifications for Utilities Operations, Maintenance, and Management Services for the City's water, wastewater, reclaimed water, and stormwater utilities. The City intends to select one firm having the demonstrated experience and financial capability to effectively and efficiently assume responsibility for managing the City's two wastewater plants,three water plants, reuse augmentation plant, reclaimed water storage and pumping system, 50 lift stations, and stormwater infrastructure. The City intends to enter into a five-year agreement (with an optional extension of two more years) for the operations, maintenance, and management of the referenced facilities with the most qualified firm. Because the anticipated services agreement will cover different facets of the City's overall utility system, the service agreement may reflect a phased approach where the selected Respondent will perform the services associated with the water, wastewater, reclaimed water, and stormwater utilities pursuant to a phased implementation schedule required by the City. This Request for Qualifications (RFQ) has been issued to provide firms with information to prepare and submit a detailed response, which must satisfy all requirements and criteria established in this RFQ to qualify for consideration. Qualified firms who are interested in providing these services may download the RFQfrom: http://www.winterspringsfl.org/EN/web/gov/bids purchasing.htm By responding to this RFQ, Respondent certifies, represents, and warrants that all information contained in Respondent's RFQ submittal is accurate and truthful and that the City will rely on said information during the RFQ process. Further, the Respondent represents and warrants to the City that they have read, understand, and agree to abide by all the terms and conditions set forth in the RFQ Package and all subsequently issued addendums. Respondent further understands and agrees that misleading, fraudulent, untruthful, and deceitful information, whether presented to the City in writing or verbally, shall be grounds for immediate disqualification. Additionally, Respondent agrees that the City shall have the sole discretion to rank Respondents to this RFQ. The final ranking of the qualifications of all Respondents by the City does not guarantee that any of the highest ranked Respondents will be selected to perform the services required by this RFQ. The City may elect, at its sole discretion, to initiate negotiations to enter into one or more written agreements with selected Respondents pursuant to this RFQ. Said agreements shall be approved separately by, and at the sole discretion of, the City Commission of Winter Springs, and shall depend on numerous factors such as any successful Respondent offering fair, competitive and reasonable prices for their services and the Respondent's ability to accept the terms and conditions required by the City. Further, Respondent agrees that the City has the right to reject, for any reason and without penalty, any and all submittal packages prior to and after the rankings are made by the City, and that the City has the right, for any reason and without penalty,to terminate any contract negotiations commenced under this RFQ with any Respondent at any 2 time. Respondent shall bear all costs associated with preparing, responding, interviewing or presenting in connection with this RFQ. The City of Winter Springs will not be liable or pay for any such cost. During the RFQ process, Respondent consents to the City of Winter Springs conducting credit and corporate background checks on the Respondent. Further, the Respondent hereby consents and authorizes the City to contact any and all previous clients, and references, of Respondent to inquire about the Respondent's past or current performance on any other project that the City deems to be relevant to the services requested under this RFQ. Firms shall not contact any City officials or staff members regarding this RFQ except as provided under this RFQ related to the pre-submittal tour and written comments or questions regarding the meaning or intent of the RFQ shall be submitted to the City Controller, Holly Queen, CPA at hqueen@winterspringsfl.org. Only questions answered by formal written addenda issued by the City will be binding. Oral and other interpretations or clarifications will be without legal effect and may not be relied upon by Respondents in submitting their response. Note: Respondents shall familiarize themselves with the provisions of the Florida Public Records Law, especially section 119.071, Florida Statutes. Unless deemed exempt or confidential by law, all information submitted by Respondents to the City will become a public record subject to the provisions of the Florida Public Records Law. A pre-submittal tour of representative facilities of the City's water, wastewater, reclaimed water, and stormwater systems will be held on Friday,July 12, at 9:00 AM. The tour will start at WTP#1 located on 851 Northern Way, Winter Springs, FL 32708. This will be the only time available for interested firms to tour the facilities and to ask any questions in person regarding the RFQ. Attendance at the pre- submittal tour is MANDATORY for ALL firms interested in pursuing this work. Each Respondent is limited to three (3) participants per tour. All attendees shall be required to sign-in and provide their own transportation to/from the facilities and provide their own safety equipment appropriate for touring the facilities. All other questions regarding this RFQ shall be submitted in writing to the City Controller, Holly Queen, CPA at hqueen@winterspringsfl.org. Submittal responses shall include four (4) originals in a sealed package marked "RFQ #05-19 LR - PROFESSIONAL SERVICES FOR UTILITIES OPERATIONS, MAINTENANCE, AND MANAGEMENT SERVICES" and 1 CD/DVD containing all documents in Adobe PDF electronic format. Submittals must be received in City Hall's Utility Billing Department, 1126 East State Road 434, Winter Springs, Florida 32708, no later than 2:00 PM EST Friday, August 2, 2019. All proposals received after the established deadline will not be accepted. The City will not be responsible for mail delays, late, or incorrect deliveries. The clock located in the lobby of City Hall will be the official authority for determining the time that packages are received and for determining late responses. The City reserves the right to amend the RFQ. If it becomes necessary to revise any part of the RFQ, an addendum shall be provided to firms who are recorded with the City as having received a copy of this RFQ. In the event of addenda, firms shall include acknowledgment of all addenda as part of their submittal. Failure to acknowledge addenda may be grounds for disqualification of the submittal. Respondents who are preparing a submittal are expected to examine this request including all relevant forms, terms, conditions, and instructions. All costs associated with preparation and submittal of qualifications shall be borne entirely by the Respondent. Submittals will become the property of the 3 City and will become part of the public record, subsequent to award of the contract(s) or rejection of all submittals. INDEMNIFICATION STATEMENT— By submitting a response document signed by an authorized agent of the Respondent, Respondent acknowledges and accepts the terms and conditions of the following Indemnification Statement in the event of contract award: "For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Respondent shall indemnify, hold harmless and defend the City of Winter Springs and its elected and appointed officers, agents, officials, attorneys, representatives and employees (hereinafter the "City") against any and all liability, loss, cost, damages, expenses, injuries (including death), claim or actions, of whatever type, including but not limited to attorney's fees in any legal proceeding through trial and appeal, which the City may hereafter sustain, incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of Respondent, its agent(s), vendors, Respondents, representatives, servants, or employees in the execution, performance or non- performance or failure to adequately perform Respondent's obligations pursuant to this RFQ and any subsequent contract." LIMITATION OF LIABILITY STATEMENT — By submitting a response document signed by an authorized agent of the Respondent, Respondent acknowledges and accepts the terms and conditions of the following Limited Liability Statement in the event of contract award: "The City desires to enter into this contract only if in so doing the City can place a limit on the City's liability for any cause of action arising out of the contract, so that the City's liability for any breach never exceeds the sum of any contract amount that is owed by the City for services actually performed by the Respondent to the City's complete satisfaction. For other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Respondent expresses its willingness to enter into this contract with the knowledge that the Respondent's recovery from the City to any action or claim arising from the contract is limited to a maximum amount of the sum of any contract amount that is owed by the City for services actually performed by the Respondent to the City's complete satisfaction. Nothing contained in this paragraph or elsewhere in this contract is in any way intended either to be a waiver of the limitation placed upon the liability of the City as set forth in Section 768.28 Florida Statutes, or to extend the liability of the City beyond the limits established in said Section 768.28 Florida Statutes; and no claim or award against the City shall include attorney's fees, investigative costs, expert fees, suit costs or pre-judgment interest." Submittals will be evaluated and ranked by a selection committee composed of City Staff. Oral presentations of the short-listed firms may be requested at the discretion of the selection committee. A final determination of the rankings and selected firm will be made by the City Commission at a date and time to be determined. The City reserves the right to withdraw or amend the RFQ; reject any or all submittals in whole or in part; to re-advertise for any or all of the services; to negotiate for additional services or materials; and/or to accept the proposals, which, in its judgment best serves the interest of the City. Selection shall be made of the Respondent that demonstrates capability while most closely meeting the City's needs according to the requirements of this RFQ and the evaluation criteria and factors designated herein. Further, once the City Commission approves a ranking of the firms, the award will depend upon the successful Respondent negotiating acceptable terms under a Consulting Professional 4 Services Agreement. While not part of the ranking part of the RFQ process, Respondents are hereby notified that should a Respondent be selected to negotiate a contract with the City, the City will be paying significant attention to cost of services being offered. If the City pursues competitive negotiations with your firm and the City cannot agree on fair, competitive, and reasonable rates, fees, and charges for services required by this RFQ, the City will cease negotiations with your firm. The City will then commence negotiations with the next ranked firm until the City has awarded a contract or rejected all the proposals at its sole discretion. The submittal shall not exceed 50 pages in length, exclusive of a one-page cover letter, proposed staff resumes, and the standard forms. Resumes of proposed staff cannot exceed three (3) pages in length per staff member. The targeted schedule for this solicitation is as follows: RFP Released for Advertisement July 2, 2019 Mandatory Pre-Submittal Tour July 12, 2019 Proposals Due August 2, 2019 Oral Presentations TBD II. EVALUATION CRITERIA All responses will be subject to a review and evaluation process under the terms, conditions and procedures set forth in the RFQ. It is the intent of the City that all Respondents responding to this RFQ who meet the minimum requirements contained in this RFQ shall be ranked, at the selection committee's and City Commission's sole and absolute discretion, in accordance with the evaluation criteria and factors established in the RFQ. The City will consider all responsive and responsible responses received in its evaluation and award process. Contracts will be awarded to a successful Respondent deemed the most qualified, and in the City's best interests as determined in the sole and absolute discretion of the City Commission of the City of Winter Springs. Respondents shall submit information for evaluation in the categories listed below. Submittals will be scored and weighted using the evaluation rating range table and cumulative point system (the maximum attainable score is 100 points) as follows: Rating Range Table: Evaluation Rating Range Score 0.0-10.0 Exceptional 10.0 More than adequate 8.0-9.0 Adequate 5.0-7.0 Less than adequate 1.0-4.0 Not covered in proposal 0 5 Evaluation Categories: A. Overall Qualifications and Experience including qualifications and technical experience of key personnel and firm's relevant and proven project experience (past performance on previous contracts of similar nature). (Total A:40 points) • Have been in the business of successfully providing full-service public-private contracts for operation, maintenance, and management of water, wastewater, reclaimed water, and stormwater facilities for at least 10 consecutive years. (0-10 points) • Have existing full-service public-private contracts for operation, maintenance, and management of water, wastewater, reclaimed water, and stormwater facilities that have been in effect for at least 10 consecutive years, and have demonstrated experience under one or more contracts operating facilities that are permitted at 5 MGD or higher and comparable in complexity to the City's treatment facilities. (0-10 points) • The qualifications and experience of the key personnel that will be assigned and committed to servicing the City's contract (with specific emphasis on the Project Manager, Lead Wastewater Operator, Management Team, and Regional Support Team). An organizational chart and individual resumes shall be submitted by the Respondent for evaluation by the City. (0-10 points) • Have a strong record of health, safety, and environmental compliance based on Respondent's current Occupational, Safety, and Health Administration (OSHA) recordable rate, experience modification rate (EMR), and information about any health, safety, or environmental violations within the last five (5)years. (0-10 points) B) Respondent shall demonstrate its understanding of the City of Winter Springs' water, wastewater, reclaimed water, and stormwater facilities and that Respondent possesses technical resources, knowledge, and experience relevant to the key issues related to the City's facilities and has provided strategies and operational approaches for implementing management programs, risk management and emergency response plans, odor mitigation, biosolids management, and capital improvements at the facilities. (Total B:40 points) • Have experience implementing management programs in full-service public-private contracts for operation, maintenance, and management of treatment facilities. Respondent shall describe the systems and cite examples of past and present utilization. (0-10 points) • Have experience in successfully implementing risk management and emergency response plans. Describe the experience in preparing for or responding to emergency situations and in assisting communities to address critical needs in these situations. Identify the number of the Respondent's employees in the region who will be available if it becomes necessary to supplement the efforts of existing on-site staff who will be assigned to the City's facilities. (0-10 points) • Have experience with sludge dewatering and disposal, to include assisting in locating and permitting of disposal sites for at least five (5) years and have the ability to comply with 6 State and Federal requirements applicable to disposal activities and odor mitigation. (0-10 points) • Provide approach to implementation of routine, preventive, and emergency maintenance for the facilities including suggested methodology for allocating funding. Provide the approach to assisting the City with planning and implementation of capital improvements including suggested methodologies for funding required improvements. (0-10 points) C) Respondent shall demonstrate experience in successfully transitioning and maintaining existing operations, maintenance and management of utility facilities (including hiring,transitioning and retaining the existing employees of the facilities) into a new project of operating, maintaining and managing the facilities under a service contract with Respondent. Respondent shall cite specific examples of experience transitioning and maintaining such facilities that are on a comparable or larger scale to the City's facilities and provide references. (Total C:0-10 points) D) Financial Capacity will be evaluated to determine the overall capacity of the Respondent to carry out the contractual commitments for the requested services. At a minimum, the contracting entity awarded and executing the contract with the City (not the parent company or other subsidiaries) must have a total revenue in excess of$75M per year for each of the past three (3) years. The Respondent shall demonstrate that the company, or any affiliate of the company, has never filed for bankruptcy protection. (Total D:0-10 points) The City may, at its discretion, seek clarification of any aspect of a Respondent's submittal. III. SUBMITTAL REQUIREMENTS The Respondent's submittal package shall be organized with Tabs and include the appropriate and requested information in sufficient detail to demonstrate Respondent understands the scope of work required to be performed by this RFQ and under the contract to be negotiated in furtherance of this RFQ. Transmittal Letter and Acknowledgement of Addenda: Transmittal letter must clearly designate the primary Respondent's point of contact, the primary Respondent's authorized representative, and location of primary Respondent's place of business. The transmittal letter must be followed by acknowledgement of any published Addenda. TAB 1: Executive Summary The executive summary shall include a brief statement of the Respondent's approach to the work, understanding of the project's goals and objectives, and demonstrated understanding of the project's potential problems and concerns. The executive summary shall provide a concise overview of the team's experience including the Respondent's background and qualifications, financial stability, and overall organization of the team of key personnel that will be assigned to perform services under a contract with the City. TAB 2: Overall Requirements, Qualifications, and Experience This tab must include a narrative of the primary Respondent's qualifications and experience as well as the qualifications and technical experience/expertise of key personnel. Additionally, provide a narrative 7 summary of the qualifications and experience of the team that demonstrates at a minimum the following requirements: ■ Have been in the business of providing full-service public-private contracts for operation, maintenance and management of water, wastewater, reclaimed water, and stormwater facilities for at least 10 consecutive years. ■ Have existing full-service public-private contracts for operation, maintenance and management of water, wastewater, reclaimed water, and stormwater facilities that have been in effect for at least 10 consecutive years. ■ Have experience with sludge dewatering and disposal, to include assisting in locating and permitting of disposal sites for at least five (5) years and have the ability to comply with the requirements of the State of Florida for disposal activities. ■ Have operated facilities that are permitted at 5 MGD or higher and comparable in complexity to the City's treatment facilities. ■ Have experience utilizing business systems in full-service public-private contracts for operation, maintenance and management of treatment facilities. Describe the systems and cite examples of past and present utilization. ■ Have experience in successfully transitioning projects and the associated employees into the new project. Site specific examples of transition experience that is on a comparable or larger scale to the City's facilities and provide references. ■ Have experience in successfully implementing risk management plans. ■ Have experience in successfully implementing emergency response plans. Describe the experience in preparing for or responding to emergency situations and in assisting communities to address critical needs in these situations. Identify the number of the Respondent's employees in the region who could supplement the efforts of existing on-site staff should the need arise. ■ Have a strong record of health, safety and environmental compliance. Provide the Respondent's current OSHA recordable rate and EMR and information about any health, safety or environmental violations within the last five years. Describe the Respondent's approach to meeting and guaranteeing permit compliance. TAB 3: Relevant Contract Operations Experience Provide a description of five (5) relevant project/contract experience where the Respondent successfully provided full-service public-private contracts for operation, maintenance, and management of water, wastewater, reclaimed water, and stormwater facilities. Respondent shall include reference's contact information, annual costs for operation and maintenance, and capital expenses within the scope of the contract as well as a description of past performance. 8 For each of the five (5) reference projects cited, please provide: ■ Listing of all permit/regulatory violations including associated fines and required mitigation measures; and ■ Complete listing of all incidents where contract requirements were not met including for odor complaints. TAB 4:Staffing Plan Provide an organization chart, facilities staffing plan, and resumes for each of the key personnel proposed for this contract with specific emphasis on the Project Manager, Lead Wastewater Operator, Management Team, and Regional Support Team. Resumes must include role, years of experience, education, recent relevant training, and licensure and certifications in addition to experience. Resumes of proposed staff cannot exceed three (3) pages in length per staff member. Staffing plan should indicate the commitment of Respondent's key staff which will be assigned to this contract. Minimum qualifications of the Project Manager include meeting the following requirements: ■ Current State of Florida Class B Wastewater Operator's certification or higher (Dual Water and Wastewater License preferred); ■ Minimum of 10 years of experience in operation and maintenance of water and wastewater facilities comparable in size and scope to the City's facilities; ■ Five (5) years of management experience in the operation and maintenance of water and wastewater facilities; and ■ Clean criminal history and Florida driver's license. Respondents are hereby notified that the City will reserve the right in the service contract to reject or require the removal of any of the contracting party's employees who are assigned to work at the City's facilities including, but not limited to, misconduct, negligence, malfeasance, or misfeasance while employed and working at the City's facilities and for failure to maintain a clean criminal history and driver's license. For purposes of this paragraph, the term "clean criminal history" means the person does not generally have a disqualifying job-related criminal offense under City policy such as convictions and serious incidents of violent crime, arson, terrorism, robbery, dealing in stolen property, embezzlement, theft, bribery, extortion, fraud, forgery, unlawful use, sale, or possession of fire arms or explosives, or a crime involving a security incident resulting in a significant loss of life, environmental damage, utility system disruption, or economic disruption in a particular area. In addition, the Respondent's staffing plan shall include a transition plan to hire and retain all existing City employees associated with the facilities covered by this RFQ. Hiring existing City employees is a requirement of this RFQ subject to the employees satisfying the Respondent's employment screening process. TAB 5:Approach to Facilities Operations This Tab must describe in sufficient detail and clarity the Respondent's operations, maintenance, and management strategies and approach to accomplish the work identified in the Required Scope of Services. Describe methodologies including best practices and benchmarks to be used and description of required reports and deliverables. At a minimum, the approach must cover regulatory compliance, 9 operation and maintenance, repair and replacement, asset management, odor mitigation, biosolids management, laboratory sampling and analyses, quality control/quality assurance, cost control, and emergency response and preparedness. TAB 6:Approach to Facilities Maintenance and Capital Improvements Provide with sufficient detail and clarity, the team's approach to implementation of routine, preventive, and emergency maintenance for the water, wastewater, reclaimed water, and stormwater facilities including suggested methodology for allocating funding. Likewise, provide with sufficient detail and clarity, the team's approach to assisting the City with planning and implementation of capital improvements including suggested methodologies for funding required improvements. TAB 7:Transition Plan Provide details on a transition plan for the water, wastewater, reclaimed water, and stormwater facilities operation, maintenance, and management services due to change in contract operator and/or Respondents as well as approaches for operation, maintenance, and management and capital improvements. The transition plan should address details such as methodologies for additional staffing, as needed, and include language allowing equal opportunity for existing employees to transition to the successful Respondent, as appropriate. TAB 8: Financial Capability Respondents must submit financial statements to demonstrate good standing and the capacity required for this contract. Submit audited financial statements for the past three (3) fiscal years. The financial statements must include income statements, balance sheets, and statements of cash flow. TAB 9: Disclosures and Potential Conflicts of Interest All potential conflicts of interest; including identification of any members of the Respondent's team that are related to an employee of the City, including any appointed or elected officials, must be disclosed. Failure to disclose potential conflicts of interest may result in the proposal being rejected. IV. REFERENCE DOCUMENTS The City has compiled reference documents for review and use by Respondents in preparing their responses to this RFQ. Such reference documents will be available via online sharefile. The reference documents include the following: ■ Water Supply Plan,April 2017; ■ Master Wastewater Plan, Final Draft June 2019; ■ Lake Jesup Reclaimed Water Augmentation Facility Record Drawings, April 2011; ■ WTP#1 Water Quality Improvements Record Drawings,June 2018; ■ Stormwater Maintenance Map; and ■ Stormwater NPDES MS4 permit. 10 V. CONTRACT OPERATIONS OBJECTIVES The City will enter into an agreement with the successful Respondent ("Service Provider") that best demonstrates the ability to assume full responsibility for the safe, efficient, and cost effective operation and maintenance of the water, wastewater, reclaimed water, and stormwater facilities in compliance with all applicable Federal and State Laws. Accordingly, the Service Provider shall assume all responsibilities associated with operating and maintaining the water, wastewater, reclaimed water, and stormwater facilities to ensure reliability of operations, and to maintain the value of the City's investment in these utilities' facilities and equipment. The successful Service Provider shall be required to provide all labor, materials, supplies, chemicals, fuel, vehicles, services, administration, reporting, monitoring, and other necessary items or services for compliant reliable uninterrupted, economical operation of the managed assets to ensure the continuous operations of the water, wastewater, reclaimed water, and stormwater facilities. Specific responsibilities of the Service Provider include, but are not limited to: ■ Compliance of facilities with all permits and regulations; ■ Providing properly licensed and certified operators and personnel to perform the duties outlined herein; ■ Optimizing operation of facilities to provide cost efficient treatment within the facilities' design capacity; ■ Immediately responding and attending to emergency conditions; ■ Assisting in capital and operating budget preparation; ■ Power consumption; ■ Sludge removal/dewatering and residual disposal; ■ Facilities' equipment upkeep and preventative maintenance; ■ Performing all sampling and laboratory analyses required by the City's permits and necessary for process control; ■ Ordering and procurement of chemicals,fuel, and supplies; ■ Administrative and technical work related to permit renewals and modifications; ■ Maintaining an inventory listing of all City supplies and equipment under the Operator's control; ■ Providing input on design or upgrade efforts; ■ Facility security checks; ■ Performing routine inspections and meeting with regulatory agencies; ■ Responding to regulatory correspondence with City where Operator input is needed; ■ Recording, interpreting, and reporting accurate information from flow and elapsed time meters; ■ Providing City with daily,weekly, monthly, and annual reports regarding the performance of the facilities; and ■ Monitoring for any needed improvements within the system. 11 At a minimum, the Service Provider shall meet the following regulatory requirements and any subsequent modifications: ■ FDEP permits for each water and wastewater treatment facility; ■ SJRWMD Consumptive Use Permits for the water and reclaimed water systems; ■ FDEP biosolids disposal regulations; and ■ NPDES MS4 Stormwater permit requirements and pollution prevention plans for the facilities. The Service Provider shall be required to maintain the facilities, infrastructure, and equipment in a manner that preserves the managed assets and ensures the reliability and efficiency of the facilities and systems. All buildings, structures, property, and equipment shall be maintained in accordance with standards pursuant to maintenance requirements as established by the City. Existing levels of redundancy must be maintained for the facilities. The City intends to, subject to the availability of funding and based upon a prioritized capital improvements list provided by the selected Service Provider, undertake upgrading, repair, and replacement projects as authorized by the City Commission. The Service Provider shall perform all sampling and laboratory analyses required by the City's permits and necessary for process control. The Service Provider's technical support group shall provide backup advice in process control, management, maintenance, and plant repair as necessary to assist the Service Provider's staff and ensure performance of its obligations. Technical Support is part of the base fee to be paid to the Service Provider. The Service Provider must ensure that a sufficient staff of qualified and trained employees of the Service Provider shall, at all times, be dedicated to the facilities for not less than a standard forty (40) hour week. The Service Provider shall staff the Facilities for at least eight (8) hours per day, seven (7) days per week, to the extent required by the permit and as necessary for operations. The Service Provider shall be on call 24 hours per day. The Service Provider shall be required to develop and implement a program for employee training for operation and maintenance skills improvement related to the requirements of the contract operation; as well as development and implementation of a safety and security plan. Service Provider and its personnel shall be responsible for their transportation to and from the Facilities. The Service Provider shall keep the City informed of the operation and maintenance of the facilities through daily, weekly, monthly, and annual reports. The Service Provider, if authorized by the City, shall deal in a professional manner with individuals and community groups concerned with any aspect of the operation of the facilities. The Service Provider shall submit a daily one-page report to include information on flow, loads, staffing, and significant events. The Service Provider shall submit weekly summary reports to include summary information on the previous seven (7) days. The Service Provider shall maintain records of operations, maintenance, repair, and improvement activities at the facilities and shall prepare and submit to the City a monthly report, including a narrative summary of operations and all data required for monthly reporting. The monthly report shall also include photographs and maintenance log reports of equipment breakdowns, process problems, potential problems, or any other issues or concerns. The Service Provider shall prepare and submit an annual report that records significant events of the past year, describes the status of operations at the facilities, charts the performance of the facilities, recommends equipment repairs or upgrades, develops operations budget for the next fiscal year, and compares the status to planned activities. 12 The Service Provider at their expense, shall install, maintain, and populate computer software, to provide a computerized process control, asset management, and maintenance tracking system for the facilities. There is no specific software required, but the proposed software must provide all the process and maintenance tracking required by the City. Upon termination of this contract, all data shall remain the property of the City. While the City will maintain responsibility for long-and short-term planning for the facilities; the Service Provider shall be required to participate in planning activities and provide information to the City on a regular basis in support of the City's short- and long-term planning objectives for capital improvements and maintenance requirements as well as policy and regulatory matters. ■ Capital Improvements:The Service Provider shall be required to provide information and recommendations for capital improvements to increase operating efficiency, improve quality of service, and extend the useful life of assets including development of information to support capital financing plans. ■ Maintenance:The Service Provider shall be required to provide information and make recommendations to make updates to existing maintenance plans and support the development of a long-term maintenance strategy for the facilities, including identification of cost-saving measures, cost-effective maintenance projects, and routine/preventive maintenance program scheduling. ■ Policy/Regulatory Issues: The Service Provider shall be required to evaluate proposed or actual regulatory changes from an operations standpoint to determine their effect on the facilities' capacity, management, operation and maintenance including any financial impacts or required changes to the City's policies and procedures. The City may also require input from the Service Provider to establish or challenge the appropriateness of permit limitations. 13 City of Winter Springs, Florida REQUEST FOR QUALIFICATIONS RFQ#05-19 LR Professional Services for Utilities Operations, Maintenance, and Management Services DISPUTES DISCLOSURE FORM Answer the following questions by answering "YES" or "NO". If you answer "YES", please explain in the space provided, please add a page(s) if additional space is needed. 1. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5)years? 2. Has your firm, or any member of your firm, been declared in default,terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? 3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or litigation in the past five (5)years that is related to the services your firm provides in the regular course of business? If yes,the explanation must state the nature of the request for equitable adjustment, contract claim or litigation, a brief description of the case,the outcome or status of suit and the monetary amounts or extended contract time involved. I hereby certify that the statements contained herein are true. I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for disqualification of the submittal, immediate cancellation of any contract with the City that might arise from the representations contained herein, and forfeiture of rights for further consideration for work in the City of Winter Springs. Firm: Name/Title: Authorized Signature/ Date: This Form Must Be Completed and Returned with your Submittal 14 City of Winter Springs, Florida REQUEST FOR QUALIFICATIONS RFQ#05-19 LR Professional Services for Utilities Operations, Maintenance, and Management Services DRUG -FREE WORK PLACE FORM The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named below does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Firm: Name/Title: Authorized Signature/ Date: This Form Must Be Completed and Returned with your Submittal 15 City of Winter Springs, Florida REQUEST FOR QUALIFICATIONS RFQ#05-19 LR Professional Services for Utilities Operations, Maintenance, and Management Services FLORIDA STATUTES ON PUBLIC ENTITY CRIMES FORM THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the City of Winter Springs by: on behalf of: whose business address is: Federal Employer Identification Number (FEIN) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), F.S., means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand the "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), F.S., means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilt or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), F.S., means: A predecessor or successor of a person convicted of a public entity crime or an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), F.S., means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise 16 transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I understand that the submission of this form to the City of Winter Springs is for the City of Winter Springs only. I also understand that I am required to inform the City of Winter Springs prior to entering into a contract in excess of$25,000 of any change in the information contained in this form. Signature Date State of Florida, County of On this day of 20___, before me, the undersigned Notary Public of the State of Florida, personally appeared: (Name(s) of individuals who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. Sworn to and subscribed before me this day of 20 Notary Public My Commission expires: Personally Known Produced Identification: (Type) Did take an Oath Did Not take and Oath 17 City of Winter Springs, Florida REQUEST FOR QUALIFICATIONS RFQ#05-19 LR Professional Services for Utilities Operations, Maintenance, and Management Services CERTIFICATION OF NON -SEGREGATED FACILITIES FORM By affixing his signature to this form, the consultant certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The consultant certifies further that he will not maintain or provide for his employees any segregated facilities at any location under his control where segregated facilities are maintained. The consultant agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation and housing facilities provided for employees which are segregated by explicit directive, or are in fact segregated on the basis of race, color, religious disability or national origin, because of habit, local custom, or otherwise. The consultant agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated herein. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. By: Date: Print Name Title Official Address: This Form Must Be Completed and Returned with your Submittal 18 City of Winter Springs, Florida REQUEST FOR QUALIFICATIONS RFQ#05-19 LR Professional Services for Utilities Operations, Maintenance, and Management Services INSURANCE REQUIREMENTS FORM 1. The consultant shall be required to provide to the City, prior to signing a contract for or commencing any work,a Certificate of Insurance which verifies coverage in compliance with the requirements outlined below. Compliance of said certificate must be acknowledged by the Purchasing Coordinator prior to start of work. Any work initiated without completion of this requirement shall be unauthorized and the City of Winter Springs will not be responsible. 2. The City of Winter Springs reserves the right to require coverage and limits as considered to be in its best interests. Insurance requirements shall be on a case by case basis determined by the project,conditions and exposure. 3. Except for Professional Liability and Workers Compensation Policies,when required,all policies are to be endorsed to include the City of Winter Springs as Additional Insured. In the cancellation clause the number"30"shall be inserted into the blank space provided prior to the words"days prior notice...". All consultant policies are to be considered primary to City coverage and shall not contain co-insurance provisions. 4. In the event that the insurance coverage expires prior to the completion of services,a renewal certificate shall be issued 30 days prior to said expiration date. 5. Subconsultants retained by the primary consultant are the responsibility of said primary consultant in all respects. 6. Insurance requirements: COVERAGE REQUIRED MINIMUM POLICY LIMITS Workers'Compensation Statutory Commercial General Liability including Contractual Liability, Products and Completed Operations,XCU and Owners and Contractors Protective $5,000,000 Occurrence Comprehensive Auto Liability,CSL,shall include"any auto" $1,000,000 CSL Professional $1,000,000 Claims-Made (NOTE:All limits are per occurrence unless noted otherwise and must include Bodily Injury and Property Damage. Deductibles and self insured retentions must be approved by the City of Winter Springs,and all insurers must have an A.M. Best rating of at least A:VII.) 7. Bonding Required: None This Submittal 8. Consultant will be required to provide a certificate of insurance in compliance with the above,within four(4)days of notification of award with continuing coverage,without a break. 9. I hereby certify that the insurance and bonding requirements outlined above shall be met as required, if I am awarded a contact for the services specified herein. Firm: Name/Title: Authorized Signature/Date: This Form Must Be Completed and Returned with your Submittal 19 City of Winter Springs, Florida REQUEST FOR QUALIFICATIONS RFQ#05-19 LR Professional Services for Utilities Operations, Maintenance, and Management Services CONFLICT OF INTEREST STATEMENT 1. of deposes and states that Name of Affiant Name of Company the above named entity is submitting qualifications to the City of Winter Springs for the project identified above. 2. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above project is being submitted and that the above named entity has no financial interest in other entities submitting qualifications for the same services. 4. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 5. Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 6. Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for these services. 7. 1 certify that no member of the entity's ownership, management, or staff has a vested interest in any aspect of or department of the City of Winter Springs. 8. 1 certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Winter Springs. 9. In the event that a conflict of interest is identified in the provision of services, 1, on behalf of the above named entity, will immediately notify the City of Winter Springs in writing. 20 Signature of Affiant Date Typed or Printed Name of Affiant Title State of Florida, County of On this day of 20_, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s)of individuals who appeared before notary) whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public:Print,Stamp,or Type as Commissioned.) This Form Must Be Completed and Returned with your Submittal 21 City of Winter Springs, Florida REQUEST FOR QUALIFICATIONS RFQ#05-19 LR Professional Services for Utilities Operations, Maintenance, and Management Services VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Section 287.135, F.S. prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.475, F.S. or is engaged in a boycott of Israel. Section 287.135, F.S. also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, if the company is on either the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which are created pursuant to s. 215.473, F.S. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled "Respondent Vendor Name" is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. Certified By: Who is authorized to sign on behalf of the above referenced company. Authorized Representative: Print Name and Title: Signature: Date: This Form Must Be Completed and Returned with your Submittal 22