HomeMy WebLinkAboutDocumentation_Regular_Tab 09_8/13/2020Agenda Item #9.
Regular Council
STAFF MEMO �
Meeting: Regular Council -Aug 13 2020
Staff Contact: Matthew Hammond, Utilities Department: Utilities
Director
Approve Award of Request for Qualifications for General Consulting Services —Continuing Contracts
(RFQ #UTIL 06-20)
On April 21, 2020, the Village posted a Request for Qualifications (RFQ) for General Consulting
Services — Continuing Contracts (RFQ #UTIL 06-20) on DemandStar and the Village website as
well as in an advertisement in the Palm Beach Post. In response, Qualification Packages were
received from twenty-six firms ahead of the submission deadline of May 26, 2020 at 5:00 PM.
A five -member Evaluation Committee with representatives from three departments was formed by
the Village Manager to review the Qualification Packages and recommend an award to the Village
Council. The five committee members met on Thursday June 18, 2020 via a publicly advertised
Zoom meeting to review and score the Qualification Packages from the twenty-six firms. Each firm
was evaluated based on Qualifications; Experience & Expertise; Project Delivery & Approach; and
Resources, Availability & Commitment and Reference.
Based on the collective scoring of the Qualification Packages, the Evaluation Committee
unanimously determined that the top nine ranked firms move forward to the Presentation &
Interview stage for final selection and recommendation of award to the Village Council. Interviews
with the nine firms were scheduled by the Village Clerk and took place on July 7, 2020 via a publicly
advertised Zoom meeting. During each firms allotted time 10 minutes was allowed for firms to
present their relevant qualifications followed by a 10-minute question and answer period.
Following the presentations and interviews the results from each firm were publicly reviewed by the
Evaluation Committee and scored based on Qualifications of the Team, Experience & Expertise and
Project Delivery & Approach. The Village Clerk then tallied the individual scores and provided the
final cumulative scoring and rankings to the Evaluation Committee. The cumulative score and
ranking of each firm, based on the criteria outlined in the RFQ, are as follows:
Firm
Qualification
Interview
TOTAL
Rank
Package
Mock Roos
471.5
693
1164.5
1
Kimley-Horn
465.5
697
1162.5
2
Chen Moore &
453
691
1144
3
Associates
Holtz Consulting
Engineering
458.5
674
1132.5
4
Jones Edmunds
444.5
683
1127.5
5
& Associates
Calvin, Giordano
427
633
1060
6
& Associates
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Firm
Qualification
Interview
TOTAL
Rank
Package
Keith &
403
624
1027
7
Associates
Dover
402.5
580
982.5
8
Engineering
Simmons &White
413
0
413
9
DRMP, Inc.
398
398
10
Bowman
395.5
395.5
11
Consulting
Cardno, Inc.
391.5
391.5
12
Captec
388.5
388.5
13
Engineering
Engenuity Group
388
388
14
Engineering
Design &
379.5
379.5
15
Construction
Michael B.
Schorah &
373
373
16
Associates
Caulfield &
353
353
17
Wheeler, Inc.
Water Resources
Management
350
350
18
Associates
Connect
330
330
19
Engineering
Florida Technical
327
327
20
Consultants
McMahon
326
326
21
Associates
Pistornio & Alam
314.5
314.5
22
Bohler
305.5
305.5
23
Engineering
Master Consulting
291
291
24
Engineers
Florida International
Consulting Engineers
279.5
279.5
25
Design
BetaJones Group,
276.5
276.5
26
Inc.
(1) Note: Simmons &White opted to
remove themselves from consideration prior
to the Presentation &Interview
stage.
Based on the total scores and ranking from the Qualification Packages and Presentations &
Interviews the Evaluation Committee unanimously recommends that the top five firms — Mock Roos,
Kimley-Horn, Chen Moore & Associates, Holtz Consulting Engineering and Jones Edmunds &
Associates — be awarded continuing contracts by the Village Council.
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If approved, staff will then engage with the awarded firms to negotiate standard rates and fees for
inclusion as Exhibit A in the Standard Agreement prepared by the Village Attorney. The term of the
agreement is three years with two additional one-year options to renew that will automatically be
exercised unless proper notice is provided by either party.
Approve award of General Consulting Services Continuing Contracts (RFQ #UTIL 06-20) to the top
five firms as ranked by the Evaluation Committee.
Request for Qualifications - RFQ UTIL 06-20.ada
Recommendation of Award - RFQ UTIL 06-20.ada
Standard Consulting Agreement - RFQ UTIL 06-20
Qualifications Packages.ada
Presentations. ada
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Agenda Item #9.
REQUEST FOR QUALIFICATIONS
RFQ # UTIL 06-20
GENERAL CONSULTING SERVICES
CONTINUING CONTRACTS
345 Tequesta Drive
Tequesta, FL 33469
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Agenda Item #9.
Village of Tequesta
REQUEST FOR QUALIFICATIONS
RFQ #UTIL 06-20
GENERAL CONSULTING SERVICES —CONTINUING CONTRACTS
The Village of Tequesta is seeking Qualifications from qualified firms to provide
professional engineering, architecture, planning, and surveying services related to
utilities, roadways, stormwater, parks, facilities, master plans and other general
consulting services for the Village of Tequesta.
Request for Qualification documents are available on the Village of Tequesta's' website at
www.teguesta.org, www.demandstar.com, or by contacting the Village Clerk's office at
(561) 768-0443.
Sealed Qualifications must be clearly marked "RFQ #UTIL 06-20, General Consulting
Services — Continuing Contracts" and delivered to the Village Clerk at 345 Tequesta Drive,
Tequesta, Florida 33469. The deadline for submission of Qualifications is May 26, 2020 at
5:00 P.M. local time. Late Qualifications will not be accepted and will be returned to the
sender unopened.
A public meeting of the Village's Selection Committee is expected to convene at 2:00 P.M.
EST on Tuesday, June 9, 2020 in the Council Chambers at 345 Tequesta Drive, Tequesta,
Florida 33469 to review and discuss rankings of the respondents.
It is the responsibility of the Proposer to ensure all pages are included in the submission.
All Proposers are advised to closely examine the request for proposal documents. Any
questions regarding the completeness or substance of the request for proposal
documents or the scope of services must be submitted in writing via email to Lori
McWilliams, Village Clerk, Imcwilliams@teguesta.or .
The Village reserves the right to accept or reject any or all Qualifications, in whole or in
part, with or without cause, to waive any irregularities and/or technicalities, and to award
the contract on such coverage and terms it deems will best serve the interests of the
Village.
PUBLISH: Legal Section
Palm Beach Post
April 21, 2020
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Agenda Item #9.
Table of Contents
GENERAL CONSULTING SERVICES — CONTINUING CONTRACTS.................2
EXHIBIT J — VILLAGE CLERK'S OFFICE ADA COMPLIANCY STATEMENT
........................................................................... Error! Bookmark not defined.
EXHIBIT K— STANDARDVILLAGE AGREEMENT..............................................4
I. GENERAL INFORMATION AND PURPOSE................................................5
II. SUBMITTAL INFORMATION......................................................................13
III. EVALUATION AND SCORING...................................................................14
IV. QUALIFICATION PACKAGE......................................................................15
Tab #1 Cover Letter, Checklist, & Acknowledgement of Addenda ..............16
Tab #2 Consultant Profile................................................................................16
Tab #3 Proposed Project Team Firms............................................................17
Tab #4 Experience and Expertise....................................................................17
Tab #5 Key Proposed Project Team Personnel.............................................18
Tab #6 Project Delivery and Approach: .......................................................... 18
Tab#7 References............................................................................................18
Tab#8 Attachments.........................................................................................18
Tab #9 Additional RFQ Information................................................................19
EXHIBIT A— CONSULTANT CHECKLIST..........................................................20
EXHIBIT B — ACKNOWLEDGEMENT OF ADDENDA........................................21
EXHIBIT C — OFFEROR'S ACKNOWLEDGMENT..............................................22
EXHIBIT D —PROJECT SPECIFIC REFERENCE FORM..................................�?�ge 95 of 451
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EXHIBIT E - CONFLICT OF INTEREST STATEMENT.......................................25
EXHIBIT F - NOTIFICATION OF PUBLIC ENTITY CRIMES LAW.....................26
EXHIBIT G - CONFIRMATION OF DRUG -FREE WORK PLACE.......................27
EXHIBIT H - NON -COLLUSION AFFIDAVIT......................................................28
EXHIBIT I - TRUTH -IN -NEGOTIATION CERTIFICATE......................................28
EXHIBIT J - VILLAGE CLERK'S OFFICE ADA COMPLIANCY STATEMENT ..29
EXHIBIT K - STANDARD VILLAGE AGREEMENT............................................30
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I. GENERAL INFORMATION AND PURPOSE
1.1 PURPOSE
The Village of Tequesta (hereinafter referred to as the "Village") seeks the submittal of proposals from
qualified firms/teams who are interested in providing professional engineering, architecture,
planning, and surveying services for various capital and routine projects and services.
This Request for Qualifications (RFQ) is for professional engineering services and regulatory support
services in conjunction with general consulting services. Types of services include but are not
necessarily limited to design and permitting of various facilities including water plants/facilities,
pipelines, roadways, bridges, sidewalks, stormwater treatment and conveyance systems, parks, and
HVAC systems; utility infrastructure security measures; hydraulic and water quality modeling;
permitting of new or existing water and stormwater facilities for construction and operation;
assistance with information requests by regulatory agencies; water and groundwater monitoring;
well field sampling; hydrogeologic modeling; evaluation of technical and water quality data as
required by federal, state and/or local regulations; preparation of appropriate documents, reports or
maps as related to design, permitting and regulatory information requests; land surveying and
geotechnical services; well construction, rehabilitation and abandonment -related engineering
services; well head protection, water quality and environmental assessments; technical assistance
for preparation of public information; water conservation education; feasibility studies for
developing, improving and maintaining water systems; implementation of compliance projects or
preparation of reports; utility system master planning; information systems development &
implementation; planning including transportation planning, redevelopment plans, and strategic
planning; floodplain modeling and management; community rating system (CRS) coordination;
construction observation; geographic information systems (GIS) support; development review;
architecture including facilities and landscaping; assistance with information requests by regulatory
agencies; tree inspections by certified arborist; land surveying and geotechnical services; technical
assistance for preparation of public information; feasibility studies; implementation of compliance
projects or preparation of reports; and other related professional engineering and consulting services.
The Village may contract several different consultants to perform the work described. No consultant
shall be contracted as the exclusive consultant. Consultants will be chosen based upon the expertise
and experience listed as it pertains to the work described. Selection of a qualified firm under this RFQ
is not a guarantee of work.
1.2 BACKGROUND
The Village of Tequesta, established in 1957, is located in northeast in Palm Beach County with a
population of approximately 6,000 residents. The Village offers a small town feel with an incredible
sense of community within one of the state's largest urban environments
The Village provides its residents and businesses with a variety of programs and services through its
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departments which include: Administration; Finance; Information Technology; Utilities; Public
Works; Parks & Recreation; Planning; Building; Police; and Fire Rescue. In the approved annual
budgets, the Village, through the departments, requires the assistance of general consulting services
to accomplish the Capital Improvement Program and routine programs and services offered to the
community.
1.3 SCOPE OF SERVICES
All services must be performed in accordance with applicable Federal, State and Local regulations.
The Village requires the support of professional engineering consultants for a variety of capital and
routine projects and services related to utilities, roadways, stormwater, parks, facilities, master plans
and other general consulting services. Qualified firms must follow the Village of Tequesta Standards
and Specifications while performing these services.
Qualified firms, or qualified Proposal Teams, must have in-house, multi -disciplinary capabilities in at
least five (5) of these fields, but more capabilities identified will enhance the scores:
• General civil engineering
• Utility master planning and hydraulic modeling
• Water quality master plans and water conservation plans
• Water quality engineering, modeling, and evaluation
• Water engineering, treatment, and evaluation
• Regulatory compliance and permitting for water and stormwater facilities
• Utility environmental affairs
• Hydrology and surface water modeling
• Hydrogeological modeling and evaluation of water quality data
• Well construction and abandonment
• Well head protection, water quality and environmental assessments
• Feasibility studies for developing, improving and maintaining water and stormwater systems
• Utility acquisition and evaluation
• Right-of-way and easement acquisition services
• Constructability plan review/value engineering
• Instrumentation and controls engineering and programing for SCADA systems
• Water and stormwater facilities operational experience
• Public involvement services, including technical assistance for preparation of public
information brochures
• Water conservation education and/or enforcement
• Subsurface utility engineering and locating
• Automatic meter infrastructure (AMI)
• Rate, Connection Fee, and Revenue Sufficiency Studies
• Roadway design and construction services
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• Bridge design, construction services, inspection and maintenance
• Sidewalk design and construction services
• Complete streets and intermodal transportation
• Stormwater treatment and conveyance system design and construction services
• Park design and construction services
• Park master planning services
• Redevelopment planning
• Transportation planning
• Strategic planning
• Floodplain modeling and management
• Regulatory compliance and permitting for water and wastewater facilities
• Architectural services
• Landscape architecture
• Hydrology and surface water modeling
• FEMA CRS coordination
• Land surveying
• Geotechnical engineering
• Right-of-way and easement acquisition services
• Structural engineering
• Electrical engineering
• Mechanical engineering
• Constructability plan review/value engineering
• Construction administration and construction observation -related engineering services
• Public involvement services, including technical assistance for preparation of public
information brochures
• GIS & CADD design capability
• Database &Information system development related to computer maintenance
management systems (CMMS)
The Village will request these services on an as -needed basis. There is no guarantee that any or all of
the services described in this Agreement will be assigned during the term of this Agreement. Further,
the Consultant is providing these services on a nonexclusive basis. The Village, at its option, may elect
to have any of the services set forth herein performed by other consultants or Village staff.
1.4 QUALIFICATIONS
Pursuant to Section 287.055 Florida Statutes on, the Village, is accepting submittals from qualified
firms or individuals to provide professional engineering services for design, permitting and
construction phase engineering services for General Consulting Services within Village of Tequesta and
Village of Tequesta Utility Service Area. Since Florida law requires the Village to make a determination
of a Consultant's qualifications prior to their employment, the Qualification Package of this Request
for Qualifications will be used by the Village to make this determination. Additionally, evaluation
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points will be assigned to information contained in the package to aid in reducing the total number
of submittals to a short- list of firms. Short-listed firms may be invited to make presentations for final
evaluation.
Qualification submittals will be considered from qualified firms or individuals whose experience
includes successful work in similar projects. Also, the firm must have a sufficient number of qualified
staff in the applicable disciplines to complete the work in the time required and in accordance with
State of Florida statutes and standards, if applicable.
1.5 NO ORAL INTERPRETATIONS OF THE RFQ
No Person is authorized to give oral interpretations of, or make oral changes to, this Request for
Qualifications. Therefore, oral statements about the RFQ by the Village's representatives will not be
binding on the Village and should not be relied upon by a Proposer. Any interpretation of, or change
to, this RFQ will be made in the form of a written addendum to the RFQ. Any addendum to this RFQ
will be posted on the Village's website and on DemandStar. A Proposer can only rely upon those
interpretations of, or changes to, this RFQ that are issued by the Village in an addendum. By
submitting a proposal, a Proposer certifies that its proposal is made without reliance on any oral
representation by the Village, its agents, or employees.
1.6 REVIEWING THE RFQ AND ADDENDA
Each Proposer should closely examine all of the documents and requirements in this RFQ. It is the
sole responsibility of the Proposer to ensure that he or she has received and understands all of the
pages of the RFQ. In accordance with the provisions of the American with Disabilities Act, this RFQ
may be requested in an alternate format.
No later than 5:00 PM EST time on Tuesday, May 19, 2020, each Proposer shall deliver to the Village
all of the Proposer's questions concerning the intent, meaning and interpretation of this RFQ. Each
Proposer shall be deemed to have waived all questions that are not submitted to the Village in
compliance with this Section. A Proposer's questions may be delivered to the Village by hand, mail
or e-mail but all such submittals shall be submitted by the date outlined above and in writing and
addressed to:
Village of Tequesta
Village Clerk
345 Tequesta Drive
Tequesta, FL 33469
ImcwiIliams@teguesta.org
If revisions to this RFQ become necessary, the Village will issue written addenda. All addenda must be
acknowledged by each Proposer. A proposal may be rejected as non -responsive if the Proposer fails
to submit an "Acknowledgement of Addendum" form with its proposal. Addenda may be
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downloaded from the Village's website at www.teguesta.or o or www.demandstar.com. The Village
provides this website as a courtesy only and assumes no responsibility for errors or omissions that
may affect a proposal submitted in response to this RFQ.
1.7 SCHEDULE AND DEADLINES FOR THE RFQ
A summary schedule of the major activities associated with this RFQ is presented below. The Village,
in its sole discretion, may modify the schedule as the Village deems appropriate. The Village will
provide notification of any changes to the schedule by issuing written addenda.
The following is an estimated schedule to be followed for this RFQ.
Deadline Date
Issue of RFQ Package April 21, 2020
Deadline for Written Questions: May 19, 2020 — 5:00 PM
Proposal Due Date: May 26, 2020 — 5:00 PM
Selection Committee Meeting June 9, 2020 — 2:00 PM
Consideration /Award by Village Council July 9, 2020 — 6:00 PM
1.8 AWARD OF THE CONTRACT BY VILLAGE COUNCIL
As soon as practicable after the Selection Committee completes its assessment of the proposals, the Selection
Committee's recommendation shall be presented to the Village of Tequesta Council ("Village Council") at a
duly noticed public meeting. It is anticipated that the Village Council will award the RFQ to the Proposer(s) that
submits the best overall proposal, based on the Village Council's determination of the Village's best interests
and the best overall value for the Village. The Village Council shall have the exclusive authority to select the
best overall proposal and make any determinations concerning the responsiveness of the Proposers, the value
of their proposals, the Proposers' respective abilities to satisfactorily perform the work specified in the Village's
RFQ, and all other related matters. After the Village Council selects the successful Proposer(s), the successful
Proposer(s) and the Village shall execute the Agreement. It is anticipated that the Village will award a
contract to multiple Proposers.
1.9 FEE AND PAYMENT
During contract negotiations, the Village will negotiate fee schedules in accordance with the Village's
Purchasing Code, with the goal of establishing standardized rates. The fee schedule may be adjusted
after mutual written agreement beginning one year from the effective date of the agreement.
When a scope of services is requested for the formulation of a Work Authorization (WA) under an
agreement for professional services, the Consultant will submit the proposed scope of work within
ten (10) working days from the date of the request. The proposal will include tasks to be completed
with associated costs and an overall schedule with sufficient detail to define major milestones. Once
the WA is approved a notice to proceed will be issued by the Village.
The Consultant will be responsible for the preparation of a project schedule, which shows a
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breakdown of all tasks to be performed, and their relationship in achievingthe completion of each
phase of the services. The schedule will include a Gantt Chart identifying the critical path, progress of
each task and milestones. If both parties agree on the proposed schedule, a final schedule will be
submitted within ten (10) working days of the notice to proceed on all assignments. The billing of
services will include a progress update report, a revised schedule showing current percent complete
by task and a detailed invoice showing billings per task outlined in the approved WA.
If Village staff request a change of scope, the Consultant shall notify the Village within ten (10)
working days of the change and the associated cost impact. The Consultant will not proceed with
additional services until receiving approval from Village.
1.10 LEGAL REQUIREMENTS
Each Proposer must comply with all federal, state, and local laws, ordinances, rules and regulations
that are applicable to this RFQ and the work to be performed under the Agreement. The Proposer's
lack of knowledge about the Applicable Law shall not be grounds for relief from such laws, or
constitute a defense against the enforcement of such laws.
By submitting a proposal in response to this RFQ, the Proposer represents that the Proposer is
familiar with all federal, state, and local laws, ordinances, rules and regulations that are applicable to
the services required under this RFQ. If a Proposer discovers any provision in this RFQ that is contrary
to or inconsistent with any law, ordinance, rule, or regulation, the Proposer shall promptly report it to
the Village Clerk.
1.11 LITIGATION CONCERNING THE RFQ AND AGREEMENT
By submitting a proposal, the Proposer agrees that: (a) any and all legal actions necessary to interpret
or enforce this RFQ or the Agreement shall be governed bythe laws of the State of Florida; and (b) the
exclusive venue for any litigation concerning this RFQ or the Agreement shall be the state and federal
courts in and for Palm Beach County, Florida.
1.12 PUBLIC RECORDS
Any material submitted in response to this RFQ will become a public record and shall be subject to
public disclosure consistent with the Florida Public Records Law (Part 119, Florida Statutes), except as
may be provided by the Public Records Law or other applicable state or federal law. If a Proposer
contends that part of its proposal is not subject to disclosure, the Proposer shall identify specifically
any information contained in the proposal that the Proposer considers confidential or otherwise
exempt from disclosure under the Public Records Law, and the Proposer shall cite the specific section
of the law creating the exemption for such information. The Village reserves its right to make all
determinations concerning the applicability of the Florida Public Records Law to any documents
submitted in response to this RFQ. The Village shall have no liability to a Proposer for the public
disclosure of any material submitted to the Village in response to this RFQ.
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1.13 DRUG -FREE WORKPLACE
Preference shall be given to a business with a Drug -Free Work Place (DFW) program. Whenever the
Village receives two or more proposals that are equal with respect to price, quality, and service, the
Village may give preference to a proposal received from a business that completes the attached DFW
form, see Exhibit "G", and certifies it is a DFW.
1.14 CONE OF SILENCE
Pursuant to Section 2-355 of Palm Beach County Ordinance No. 2011-039 (the "Palm Beach County
Lobbyist Registration Ordinance") and the purchasing policies of the Village of Tequesta, all
Solicitations, once advertised and until the appropriate authority has approved an award
recommendation, are under the "Cone of Silence". This limits and requires documentation of
communications between potential Bidders or Proposers on Village Solicitations, with the Village's
professional staff, and the Village Council members. The Cone of Silence is in effect as of the submittal
deadline and shall terminate at the time the Village Council awards or approves an agreement, rejects
all proposals or otherwise takes action which ends the solicitation process. The Village reserves the
right to reject an offer from any vendor who violates the Cone of Silence.
1.15 LOBBYING
All Proposers are advised that the Village falls under the Palm Beach County Lobbyist Registration
Ordinance and all Proposers must comply with that ordinance. Any violation of this requirement may
cause the Proposer to be disqualified and prohibited from participating further in the RFQ process.
1.16 PROHIBITION ON SCRUTINIZED COMPANIES
As provided in F.S. 287.135, by entering into any agreement with the Village, or performing any work
in furtherance hereof, the Successful Proposer/Consultant certifies that Consultant and Consultant's
affiliates, suppliers and subcontractors that will perform hereunder, have not been placed on the
Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The
Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes. The
Successful Proposer/Consultant further certifies that it is not on the Scrutinized Companies that
Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and that it is not engaged
in a boycott of Israel. If the Village determines, using credible information available to the public, that
a false certification has been submitted by the Successful Proposer/Contractor, the Village's
Agreement may be terminated and a civil penalty equal to the greater of $2 million or twice the
amount of the Agreement shall be imposed, pursuant to Section 287.135, Florida Statutes.
1.17 COST OF PROPOSAL PREPARATION
The Proposer assumes all risks and expenses associated with the preparation and submittal of a
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proposal in response to this RFQ. The Village shall not be liable for any expenses incurred by the
Proposer when responding to this RFQ, including but not limited to the cost of making presentations
to the Village.
1.18 INSPECTOR GENERAL
In accordance with Palm Beach County Ordinance No. 2011-009, any resulting contract with the
selected firm may be subject to investigation and/or audit by the Palm Beach County Inspector
General. Proposers should review such ordinance in order to be aware of its rights and/or obligations
under such ordinance and as applicable.
1.19 PROTEST PROCEDURES
After posting of the recommended awardee, any bidder or proposer who is aggrieved in connection
with the recommended award may protest in writing to the Village Clerk. The right to protest is limited
to those procurements of goods or services solicited through an invitation for bid, request for
proposals or other competitive solicitation procedures. The protest shall be submitted within three (3)
business days after posting of the award recommendation. The protest shall be in writing (which
includes emails) and shall identify the protestor and the solicitation, and shall include a factual
summary of the basis of the protest. Such protest is considered filed when it is received by the Village
Clerk. Received means that the protest documents must be delivered to the Village Clerk's office by
the cut off time period. The Village Manager shall have the authority to uphold or deny the protest.
The Village Manager shall issue a written statement of their determination within a reasonable period
of time. The written statement shall provide the general rationale for said determination and shall be
provided to the protestor and to any other party to the protest.
1.20 NON -COLLUSION
Proposer certifies that this proposal is made without prior understanding, agreement, or connection
with any individual, firm, partnership, corporation or other entity submitting a proposal for the same
materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud.
No premiums, rebates, or gratuities are permitted with, prior to, or after any delivery of material or
provisions of services. Any violation of this provision may result in contract cancellation, return of
materials or discontinuation of services, and the possible inability of Proposer to bid on future
projects.
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1.21 CODE OF ETHICS
If any Proposer violates or is a party to a violation of the Code of Ethics of the Village, Palm Beach
County, and/or of the State of Florida with respect to this proposal, such Proposer may be disqualified
from performing the work described in this RFQ or from furnishing the goods or services for which this
RFQ is submitted and may be further disqualified from bidding on any future RFQ's for work or for
goods or services for the Village.
1.22 CONFLICT OF INTEREST
The award is subject to any and all applicable conflict of interest provisions found in the policies or
Code of Ordinances of the Village, the Palm Beach County Code of Ethics, and found in the Florida
Statutes. All Proposers must complete the Conflict of Interest Form attached hereto as Exhibit "E".
1.23 ADA ACCESIBILITY
The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to
comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by
ensuring that the Contractor's [agreement/bid documents and specifications] are accessible to
individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement
indicating that all [agreement/bid documents and specifications], from Contractor, including files,
images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately
conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content
Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web
Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/. Such
ADA Compliancy Statement is attached hereto as Exhibit "J".
1.24 STANDARD VILLAGE AGREEMENT
Any Proposer/Consultant submitting a proposal in response to this RFQ agrees to all terms and
conditions contained within the Village's standard agreement, attached hereto as Exhibit "K".
II. SUBMITTAL INFORMATION
2.1 The RFQ is designed to provide the necessary information about your firm. Qualification
Packages shall be submitted in a sealed envelope labeled with the Proposer's name, contact
information, and the Request for Qualification (RFQ) Number. The original and each copy shall
be identified as follows: RFQ Number, RFQ Name, Due Date/Time.
2.2 Qualification Packages shall be submitted on 8%" by 11" paper, neatly typed, with normal
margins and spacing. One (1) unbound original, six (6) bound copies, and a .pdf copy on a CD
or USB thumb -drive.
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2.3 Responses to the RFQ must be signed in ink by an authorized officer of the proposing firm,
who is legally authorized to enter into a contractual relationship in the name of the Proposer.
The submittal of a Statement of Qualifications bythe Proposer will be considered by the Village
as constituting an Offer by the Proposer to perform the required services.
2.4 One original, and six (6) copies, and a .pdf copy on a CD or thumb drive of the Qualification
Package must be received in the office of the Village Clerk, Village Hall, 345 Tequesta Drive,
Tequesta, FL 33469, no later than by than 5:00 PM EST time on Tuesday, May 26, 2020, at
which time a list of respondents will be made public.
2.5 In accordance with the American with Disabilities Act (ADA) this document may be
requested in an alternate format.
III. EVALUATION AND SCORING
Selection will be in accordance with the Consultant's Competitive Negotiations Act, as amended,
Section 287.055, Florida Statutes. The selection process consists of evaluation and scoring by the
Selection Committee, as appointed by the Village Manager. Each category will be scored and when
the scores awarded for all categories are totaled, the scores will be tabulated and added to achieve
the Total Points and Weighted Score awarded to each firm. Both criteria will be used to rank each
firm 1,2,3,4, etc. The ranking of each firm will be tabulated from each Committee Member and
combined with other Committee Members to determine the total score and weighted score for the
firm.
The Evaluation Criteria is made up of the categories below that collectively represent a Grand Total
Point Value of 100 points, as described herein. The points indicated below as "Points Possible" are
the maximum that can be allocated for each category. The point value shall be the basis of
establishing a ranking of RFQ submittals.
1. Qualifications of Team: Scoring will be based on the qualifications and relevant
experience of the project manager, key personnel and consultants proposed for the
project. This includes relevant knowledge and experience on similar projects that will
translate into the successful execution of the project.
2. Experience and Expertise: Teams will be evaluated based on their recent experience on
similar projects, how the projects translate to success on this project, quality of those
projects, maintenance of the schedule, construction change orders due to design
deficiencies, problems encountered and the means to solve them.
3. Project Delivery and Approach: Scoring for this category will consider the team
organization, understanding of the Village's needs and challenges, the project
management and communication plan, ability to meet budget and provide services in a
timely manner, and how quality and accuracy are ensured.
4. Firm's Resources, Personnel Availability and Commitment: The firm shall demonstrate a
commitment to insuring the Village's interests are met by completing projects on time and
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Agenda Item #9.
within budget. Firm must also demonstrate flexibility to complete projects per the Village's
specifications.
5. References: References will be evaluated based on their ratings, how relevant the project is
to this RFQ, and specific comments provided by the references.
Failure to respond to all the items listed above may result in a lower overall score and may hinder
your chances of being selected.
EVALUATION CATEGORIES
POINTS POSSIBLE
Qualifications of Team 25
Experience and Expertise 25
Project Delivery and Approach 20
Firm's resources, personnel availability and commitment 15
References 15
GRAND TOTAL OF POINTS 100 POINTS
If you have any questions concerning the Qualification Package or these instructions, please submit
your questions in writing or email only to the Utilities Director, 345 Tequesta Drive, Tequesta, Florida,
33469. Email lmcwilliams@teguesta.or .
IV. QUALIFICATION PACKAGE
4.1 Submit this portion of the Request for Qualifications as your firm's Qualification Package.
Complete the following information exactly as shown including numbering and tabbing
sections. This information is vital for the Village to rate your firm, as your evaluation and
ranking will be based on the information supplied below along with any other information
required by or known to the Village.
4.2 The Proposer acknowledges and understands that the information contained in response
to this Qualification Statement shall be relied upon by the Village in awarding the contract
and such information is warranted by Proposed to be true. The discovery of any omission
or misstatement that materially affects the Proposer's qualifications to perform under the
contract shall cause the Village to reject the Qualifications Package, and if after the award,
to cancel and terminate the award and/or contract.
4.3 Each submittal must include the attached checklist labeled "Exhibit A". This checklist must
appear immediately after the cover letter. To ensure that all submittals can be evaluated on
an equitable basis, the RFQ requires each respondent to provide the requested information
in a prescribed format and organization that excludes supplemental materials. Any
supplemental information included with the response must appear after the required
materials and tabbed "Additional RFQ Information", or under separate cover. The submittal
package should be organized as listed below with one tab for each item.
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The Qualification Package must be organized in the following manner:
Tab #1 Cover Letter, Checklist, & Acknowledgement of Addenda
1.1 Please address firm's history, resources and summary of qualifications in cover
I ette r.
1.2 Checklist (Exhibit A)
1.3 Acknowledgment of Addenda (Exhibit B)
1.4 Offeror's Acknowledgment (Exhibit C)
Tab #2 Consultant Profile
2.1 If a corporation, complete the following:
2.1.1
Firm name, address and phone number: (specify if different than parent
company)
2.1.2
Address of proposed office in charge (including Phone No. And Fax No.,
email address)
2.1.3
Type of firm: corporation, individual, other; If corporation, complete the
following:
2.1.4
Date incorporated
2.1.5
State of incorporation
2.1.6
Date authorized to do business in Florida
2.1.7
President, Vice President, Secretary
2.1.8
Federal Employers Identification Number
2.2 If partnership, complete the following:
2.2.1 Firm name, address and phone number: (specify if different than parent
company)
2.2.2 Address of proposed office in charge (including Phone No. And Fax No.,
email address)
2.2.3 Date organized, Type: General, Limited
2.2.4 Names and addresses of Partners
2.2.5 Federal Employers Identification Number
2.3 Do you have a job cost account system?
2.3.1 If yes, answer the following:
o Does the system separate and accumulate direct and indirect costs
(both labor and expenses)?
o Individual job cost ledgers maintained by job to support direct costs as
accumulated in the general ledger?
o Is subsidiary job cost reconciled on a regular basis with the general
ledger?
o Are time and expense reports utilized in the separation of direct and
indirect costs?
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Agenda Item #9.
2.4 List and describe all bankruptcy petitions (voluntary or involuntary) which have been
filed by or against the Proposer, its parent or subsidiaries or predecessor
organizations during the past ten (10) years. Include in the description the disposition
of each such petition.
2.5 List all claims, arbitrations, administrative hearings and lawsuits brought by or against
the Proposer or its predecessor organizations(s) during the last ten (10) years. The list
shall include all case names; case, arbitration or hearing identification numbers; the
name of the project over which the dispute arose; and a description of the subject
matter of the dispute.
2.6 List and describe all criminal proceedings or hearings concerning business related
offenses in which the Proposer, its principals or officers or predecessor organization(s)
were defendants.
2.7 Has the Proposer, its principals, officers or predecessor organization(s) been
CONVICTED of a Public Entity Crime, debarred or suspended from bidding by any
government during the last five (5) years? If so, provide details. Please note number
2.7.1 Public Entity Crimes: Pursuant to F.S. 287.133 as amended: a person or
affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a Proposal on a Contract to
provide any goods or services to a public entity, may not submit a Proposal
on a Contract with a public entity for the construction or repair of a public
building or public work, may not submit qualifications on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of
the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor
list.
Tab #3 Proposed Project Team Firms
3.1 For each consultant / discipline offered, please list thefollowing:
o Name of Consultant
o Florida State License Number (Department of Business & Professional
Regulation);
o Copy of Corporate Charter Number, if a corporation, as issued by the Division of
Corporations, Department of State.
Tab #4 Experience and Expertise
4.1 List projects completed and/ or held, specific and comparable, to this project.
Indicate:
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Agenda Item #9.
o Client Name, contact person and title, address, telephone number and fax
number
o Description of the project including project starting and endingdates.
o Principal/Project Manager in Charge, licensing/ certifications, various team
positions, whether or not team member is still with the firm
o Whether your firm was the primary or subcontractor
o Consultant cost
o Change orders issued with explanation of same.
4.2 Include firms overall experience specific to this Request forQualifications.
Tab #5 Key Proposed Project Team Personnel
5.1 Firm/Team Organizational Chart
5.2 Indicate the proposed project team key personnel for the applicant, consultants,
and/or professional/technical staff. For each individual listed, show discipline(s) of
licensure/training.
5.3 Include resumes for all key proposed project team personnel.
Tab #6 Project Delivery and Approach:
6.1 Describe the project delivery plan for the project including the communication plan,
how you propose to respond to requests for specific projects, how projects will be
managed to meet schedule and budget requirements.
6.2 Include any innovative approaches to providing the services.
6.3 Briefly describe firm's quality assurance/quality control program.
Tab #7 References
7.1 Submit a completed Project Specific Reference form (Exhibit D) for projects that are
listed in Tab #4. References must be for specific/similar projects, a minimum of three
(3) references are required.
Tab #8 Attachments
8.1 Attach a copy of the current Florida Department of Business & Professional
Regulation License(s)/ registration with the appropriate Board(s) for your firm and
each of the license numbers listed in Tab #3 and Tab #5.
8.2 Submit your State of Florida proof of incorporation
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Agenda Item #9.
8.3 If not a corporation, submit a copy of your State of Florida Division of Corporations
form showing your State registration or your license if you are a sole proprietorship.
8.4 Conflict of Interest Disclosure Form (Exhibit "E")
8.5 Notification of Public Entity Crimes Law (Exhibit "F")
8.6 Drug Free Workplace (Exhibit "G")
8.7 Non -Collusion Affidavit (Exhibit "H")
8.8 Truth -In -Negotiation Certificate (Exhibit "I")
8.9 Village Clerk's Office ADA Compliancy Statement (Exhibit "J")
8.10 W-9 Form
8.11 Standard Village Agreement (Exhibit "K")
Tab #9 Additional RFQ Information
V. AWARD OF CONTRACT
Based on final rankings resulting from the above described process, the Selection Committee will
make a recommendation to the Village Council for the award of a contract or contracts. It is
anticipated that the Village will award a contract to multiple Proposers.
The Village intends to initially award a number of three (3) year contracts with an option to renew
annually for two (2) additional years, up to a total of five (5) years (3-year contract plus 2 one-year
renewals). Renewals will be automatic unless either party provides a minimum of 30-day notice prior
to the renewal of their intent not to renew.
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Agenda Item #9.
EXHIBIT A — CONSULTANT CHECKLIST
Note:
1) This Exhibit must be included in RFQ immediately after the cover letter.
2) RFQ Package must be put together in order of this checklist.
3) Any supplemental materials must appear after those listed below and tabbed "Additional
RFQ Information"
Cover Letter (Tab 1)
Copy of this Check List — Exhibit A (Tab 1)
Acknowledgment of Addenda — Exhibit B (Tab 1)
Offeror's Acknowledgment — Exhibit C (Tab 1)
Consultant Profile (Tab 2)
Proposed Project Team Firms (Tab 3)
Specific Related Experience of the Firm (Tab 4)
Key Proposed Project Team Personnel (Tab 5)
Project Team Staffing Experience (Tab 5)
Project Delivery and Approach (Tab 6)
References — Exhibit D (Tab 7)
Conflict of Interest Statement — Exhibit E (Tab 8)
Notification of Public Entity Crimes Law— Exhibit F (Tab 8)
Confirmation of Drug -Free Work Place — Exhibit G (Tab 8)
Non -Collusion Affidavit — Exhibit H (Tab 8)
Truth -In -Negotiation Certificate — Exhibit I (Tab 8)
Village Clerk's Office ADA Compliancy Statement — Exhibit J (Tab 8)
W-9 Form (Tab 8)
Standard Village Agreement — Exhibit K (Tab 8)
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Agenda Item #9.
EXHIBIT B — ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
List below the dates of issue for each addendum received in connection with this Solicitation:
Addendum #11 Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #41 Dated
Addendum #S, Dated
Addendum #6, Dated
Addendum #71 Dated
Addendum #8, Dated
Addendum #9, Dated
Addendum #10, Dated
PART II:
❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION
Firm Name
Signature
Name and Title (Print or Type)
Date
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Agenda Item #9.
EXHIBIT C - OFFEROR'S ACKNOWLEDGMENT
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Agenda Item #9.
EXHIBIT D — PROJECT SPECIFIC REFERENCE FORM
Company under Review:
Reference:
Name/Title:
Project:
Project Manager:
Other Key Project Personnel:
RFQ No.: UTI L 06-20
RFQ Title: General Consulting Services
Phone:
Fax:
Lead Professional:
Describe the scope of work of the contract awarded by your company/agency to this firm:
No.
Questions
Rating
Comments
1.
Rate the level of commitment of the firm to
your project. Did they devote the time and
management staff necessary for successful and
timely work?
2.
Rate the quality of customer service and the
competence and accessibility of the personnel.
3.
Rate how well the firm listened and
understood the project specific needs of your
organization.
4.
Rate how well the firm met the major schedule
milestones for the project.
5.
Rate the firm's success at minimizing and
controlling potential mistakes. Were there bid
addendums, contract change orders, etc.
6.
Rate the overall quality of the work.
7.
Rate the technical competence of the firm and
its consultants.
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Agenda Item #9.
No.
Questions
Rating
Comments
8.
Rate the integrity and professionalism of the
firm.
9.
If you have a similar contract to undertake in
the future, would the firm be considered?
Yes No
Rating: ]Poor 2=Fair 3 Average 4=Good S Excellent
Signature
Date
Page 116 of 451
Agenda Item #9.
EXHIBIT E - CONFLICT OF INTEREST STATEMENT
Page 117 of 451
Agenda Item #9.
EXHIBIT F — NOTIFICATION OF PUBLIC ENTITY CRIMES LAW
Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has
been placed on the convicted contractors list following a conviction for a public entity crime may not submit
a Proposal on a contract to provide any goods or services to a public entity; may not submit a Proposal on
a contract with a public entity for the construction or repair of a public building or public work; may not
submit Qualifications on leases or real property to a public entity; may not be awarded or perform work as
a contractor, supplier, sub -Proposer, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being
placed on the convicted contractors list.
Acknowledged by:
Firm Name
Signature
Name and Title (Print or Type)
Date
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Agenda Item #9.
EXHIBIT G - CONFIRMATION OF DRUG -FREE WORK PLACE
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Agenda Item #9.
EXHIBIT H — NON -COLLUSION AFFIDAVIT
STATE OF _
COUNTY OF
Before me, the undersigned authority, personally appeared _, who,
after being by me first duly sworn, deposes and says of his/her personal knowledge that:
a. He/She is of , the Proposer
that has submitted a Qualification to perform work for the following:
RFQ No.: UTIL 06-20
Title: General Consulting Services
b. He/She is fully informed respecting the preparation and contents of the attached Request for
Qualifications, and of all pertinent circumstances respecting such Solicitation.
C. Such Proposal is genuine and is not collusive or sham Proposal.
d. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived, or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a
collusive or sham Proposal in connection with the Solicitation and contract for which the attached
Proposal has been submitted or to refrain from proposing in connection with such Solicitation and
contract, or has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Proposer, firm, or person to fix the price or prices
in the attached Proposal or any other Proposer, or to fix any overhead, profit, or cost element of
the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion,
conspiracy, connivance, or unlawful agreement any advantage against the Village or any person
interested in the proposed contract.
e. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
Signatu re
Subscribed and sworn to (or affirmed) before me this day of
who is personally known to me or who has
as identification.
SEAL
Notary Signature
Notary Name:
Notary Public (State):
My Commission No: _
Expires on:
_2020, by
produced
Page 120 of 451
Agenda Item #9.
EXHIBIT I — TRUTH -IN -NEGOTIATION CERTIFICATE
The undersigned warrants:
i) that it has not employed or retained any company or person, other than bona fide
employees working solely for the undersigned, to solicit or secure the Agreement
and
ii) that it has not paid or agreed to pay any person, company, corporation, individual,
or firm other than its bona fide employees working solely for the undersigned or
agreed to pay any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of the Agreement.
The undersigned certifies that the wage rates and other factual unit costs used to determine the
compensation provided for in the Agreement are accurate, complete, and current as of the date
of the Agreement.
This document must be executed by a Corporate Officer.
Name:
Title:
Date:
Signature:
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Agenda Item #9.
EXHIBIT J - VILLAGE CLERK'S OFFICE ADA COMPLIANCY STATEMENT
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Agenda Item #9.
EXHIBIT K - STANDARD VILLAGE AGREEMENT
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Agenda Item #9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT, between the Village of Tequesta, a municipal corporation with offices
located at 345 Tequesta Drive, 33469 (hereinafter referred to as the "Village") and
a Florida corporation with offices located at
(hereinafter referred to as "Engineer") is entered into this day of , 2020, effective immediately.
WHEREAS, the Village requires certain engineering services, including but not limited to
engineering services for its water utility/system and general civil projects, hereinafter referred to in general
terms as "Work"; and
WHEREAS, the Village has selected Engineer under the provisions of Sec. 287.055, Florida
Statutes, also known as the "Consultant's Competitive Negotiation Act" ("CCNA") and desires to enter
into a "continuing contract" with Engineer within the meaning the CCNA for provision of Work related
services pursuant to this Agreement; and
WHEREAS, the Engineer has represented to the Village that it is capable and prepared to provide
such Work services under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto agree
as follows:
ARTICLE 1. TERM; AGREEMENT NOT EXCLUSIVE
This Agreement shall remain in effect for a term of three (3) years from the date of this Agreement
with two (2) one (1) year options to renew, unless otherwise terminated as provided herein at Article 13.
Each option to renew shall be exercised automatically unless either party gives notice to the other at least
thirty (30) days prior to the end of the term of its intent not to renew. Additionally, the parties may extend
the Agreement upon mutually acceptable terms and conditions. Any such extension shall be in writing and
must be executed by both parties. The extension may provide for the completion of all tasks previously
authorized by the Village in accordance with Article 2 unless terminated in accordance with Article 13
hereinbelow, or allowed to lapse by failure to extend same at the end of the term. Any and all CSA Work
authorizations issued during the term of this Agreement (including any extensions) shall remain in full force
and effect beyond the term of this Agreement (including any extensions) as set forth herein, unless
otherwise terminated in accordance with Article 13 hereinbelow.
Nothing in this Agreement shall prevent the Village from employing other consultants to perform
the same or similar services. The Village also retains the option, at its sole discretion, to perform any and
all professional engineering services by utilizing Village employees or other engineers.
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Agenda Item #9.
ARTICLE 2. SERVICES TO BE PERFORMED BY ENGINEER; INSTRUMENT OWNERSHIP
2.1 Services
Engineer shall perform certain professional general civil/engineering services and such other
related services as may be required by the Village from time to time which are specifically authorized by
the Village and set forth in a specific Scope of Services (herein referred to as the "Work"). Each such
specific authorization will be referred to as a Consultant Services Authorization ("CSA"). Each CSA shall
be designated as a consecutively numbered exhibit to this Agreement and shall be attached hereto and
incorporated by reference as part of this Agreement. Each CSA form will set forth a specific scope of
services, total amount of compensation and completion date. An individual CSA for projects costing up to
twenty five thousand dollars ($25,000.00) must be approved by the Village Manager prior to
commencement of any work by Engineer, as more particularly set forth below (2.3 — Process). For all
projects valued in excess of twenty five thousand dollars ($25,000.00), the individual CSA must be
approved by the Village Council prior to commencement of any work by Engineer. Typical projects that
may be authorized include, but are not necessarily limited to the following:
1. Raw water pipe cleaning
2. Chemical feed system upgrade
3. Stormwater design
4. SCADA system upgrade
S. Filter Plant Upgrade
6. New MCC Room
7. Membrane Replacement
8. Aluminum Covers for Chlorine Tanks
9. All types of permitting
10. Roadway design
2.2 Ownership
All instruments of professional services including, but not limited to, documents, records, disks,
original drawings and/or other information created and/or procured by Engineer for any authorized Project
shall become the property of the Village upon completion of the work for which the asset was utilized and
upon payment by the Village in accordance with the applicable CSA and Article 16.
2.3 Process
The Village and Engineer will confer prior to the issuance of any CSA to discuss the scope of the
Work, the time needed to complete the Work, including phasing, if any, and the fees for services to be
rendered in connection with the Work. Thereafter, Engineer will submit a proposed CSA to Village which
shall state with specificity and detail the scope of Work, the time for completion, including phasing, if any,
and the fees. CSAs may divide the Work into individual tasks or phases, as discussed between the Village
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Agenda Item #9.
and Engineer prior to the issuance of the CSA. At the discretion of Village Manager, CSAs for certain
general utility and civil services of minimal scope (those that do not exceed $15,000.00 total cost per CSA)
may be issued verbally for purposes of expediency, but shall be followed up by Engineer with a written
CSA as soon as practical. Additionally, at the discretion of Village, a written CSA for general Work
services to be performed over a specified period of time (months, or years) may be issued. In such event,
Engineer shall invoice Village from time to time, pursuant to Article 3 hereinbelow, against the agreed fees
based on authorization from the Village Manager.
Engineer shall commence no Work prior to receipt of Village authorization. Engineer shall not
exceed the fee amount in any CSA without prior Village authorization.
Village agrees to cooperate with Engineer at all times with the provision of plans or other data in
the possession of Village and available in Village files for any Work authorized hereunder.
ARTICLE 3. COMPENSATION
3.1 General
The Village shall pay Engineer in accordance with each individual CSA; however such CSA shall
be based upon the Fee Schedule attached hereto as Exhibit "A" and incorporated by reference as part of
this Agreement. Such Fee Schedule may be adjusted by mutual consent of both parties. Compensation
based upon such Fee Schedule will be negotiated as a lump sum price or as an hourly rate for each individual
CSA as set forth in Article 2 hereinabove. Payments shall be made by Village to Engineer on a monthly
basis, pursuant to Engineer's invoice for Work completed.
3.2 Reimbursable Expenses
All requests for payment of "out-of-pocket" expenses which may be eligible for reimbursement
shall be included on the individual CSA applicable to the project. Copies of paid receipts, invoices or other
documentation acceptable to the Village Manager may be requested by the Village for documentation
sufficient to establish that the expense was actually incurred. No payment will be made for items not listed
on the CSA unless approved by the Village Manager prior to the expenditure by Engineer.
ARTICLE 4. INSURANCE
During the performance of the services under this Agreement, Engineer shall maintain the
following insurance policies written by an insurance company authorized to do business in Florida:
1. Professional liability insurance with bodily injury limits of not less than $2,000,000 for
each claim, and with property damage limits of not less than $2,000,000 for each claim.
2. General and Automobile liability insurance with bodily injury limits of not less than
$500,000 for each person and not less than $500,000 for each accident and with property
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Agenda Item #9.
damage limits of not less than $500,000 for each accident, and any greater limits as may
otherwise be required by law.
3. Workers' Compensation insurance in accordance with statutory requirements.
Engineer shall furnish the Village certificates of insurance which shall include a provision that
policy cancellation, non -renewal or reduction of coverage will not be effective until at least thirty (30) days
written notice has been made to the Village. Engineer shall include the Village as an additional insured on
the general and automobile liability insurance policies required by the Agreement. All of Engineer's
subcontractors shall be required to include the Village and Engineer as additional insureds on their general
and automobile liability insurance policies. Engineer shall not commence work under this Agreement or
any CSA issued hereunder until all insurance required as stated herein has been obtained and certificates
evidencing same are on file with the Village.
ARTICLE 5. STANDARD OF CARE
Engineer shall exercise the same degree of care, skill and diligence in the performance of the
services as is ordinarily provided by a comparable professional under similar circumstances and shall be
obligated to correct services which fall below such standards at no additional cost to the Village. Engineer
agrees that all services shall be performed by skilled and competent personnel.
ARTICLE 6. INDEMNIFICATION
Engineer agrees to protect, indemnify, provide costs of defense and hold harmless the Village, its
employees and representatives, from and against any and all claims and liabilities, including all attorneys'
fees and court costs, including appeals, for which the Village, its employees and representatives, can or
may be held liable as a result of injury (including death) to persons or damage to property to the extent
occurring by reason of any negligent or intentional acts or omissions of Engineer, its employees or agents,
including subcontractors, in the performance of services under this Agreement. Engineer shall not be
required to indemnify the Village or its agents, employees or representatives when an occurrence results
from the wrongful acts or omissions of the Village or its agents, employees or representatives. The terms
and conditions of this Article shall survive the completion of all services, obligations and duties provided
for in this Agreement as well as the termination of this Agreement for any reason.
ARTICLE 7. INDEPENDENT CONTRACTOR
Engineer undertakes performance of the services as an independent contractor and shall be wholly
responsible for the methods of performance utilized. Engineer shall not pledge the Village's credit or make
it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien or any form of
indebtedness. Engineer further warrants and represents that it has no obligation or indebtedness that would
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Agenda Item #9.
impair its ability to fulfill the terms of this Agreement.
ARTICLE 8. AUTHORITY TO PRACTICE
Engineer hereby represents and agrees that it has and will continue to maintain all licenses and
approvals required to conduct its business, and that it will at all times conduct its business activities in a
reputable manner.
ARTICLE 9. COMPLIANCE WITH LAWS
In performance of the services, Engineer will comply with applicable regulatory requirements,
including federal, state, special district and local laws, rules, regulations, orders, codes, criteria and
standards.
ARTICLE 10. SUBCONTRACTING
The Village reserves the right, in its sole discretion, to accept or reject the use of a subcontractor
and to inspect all facilities of any subcontractor to insure that the selected subcontractors will be able to
perform properly under this Agreement. If a subcontractor fails to perform or make progress as required
by any CSA and it becomes necessary to replace the subcontractor in order to complete the work in a timely
fashion, Engineer shall promptly provide a replacement, subject to acceptance of the new subcontractor by
the Village.
ARTICLE 11. FEDERAL AND STATE TAXES
The Village is exempt from federal tax and state sales and use taxes. Upon request, the Village
will provide an exemption certificate to Engineer. Engineer is not exempt from paying sales tax to its
suppliers for materials to fulfill contractual obligations with the Village, nor shall Engineer be authorized
to use the Village's Tax Exemption Number in securing such materials.
ARTICLE 12. AVAILABILITY OF FUNDS
The obligations of the Village under this Agreement and any CSA are subject to the availability of
funds lawfully appropriated for its purpose by the Village Council of the Village of Tequesta. Engineer
may rely on the execution of an individual CSA as evidence that funds have been appropriated.
ARTICLE 13. TERMINATION OF AGREEMENT
This Agreement, or any CSA issued hereunder, may be terminated by either party with or without
cause upon thirty (30) days prior written notice to the other. Unless Engineer is in breach of this Agreement,
Engineer shall be paid for services rendered to the Village's reasonable satisfaction through the date of
termination. Notice as required hereunder shall be sufficient when provided in accordance with Article 14
hereinbelow.
Page 5of10
Page 128 of 451
Agenda Item #9.
ARTICLE 14. NOTICE
Any notice, demand, communication or request required or permitted hereunder shall be in writing
and delivered in person, by facsimile or sent by certified mail as follows:
AS TO VILLAGE
WITH COPY TO
AS TO ENGINEER
Jeremy Allen
Keith W. Davis, Esq.
Village Manager
Village Attorney
Village of Tequesta
Davis & Ashton, P.A.
345 Tequesta Drive
701 Northpoint Parkway, Suite 205
Tequesta, FL 33469
West Palm Beach, FL 33407
Notices shall be effective when received at the addresses as specified above. Facsimile
transmission is acceptable notice effective when received, however, facsimile transmissions received (i.e.,
printed) after 5:00 p.m. on weekends or holidays will be deemed received on the next business day. The
original of the notice must additionally be sent by certified mail. Changes in the respective addresses to
which such notice is to be directed may be made from time to time by either party by written notice sent by
regular mail or facsimile to the other party.
ARTICLE 15. UNCONTROLLABLE FORCES
Neither Village nor Engineer shall be deemed in default of this Agreement if delays or failure of
performance is due to uncontrollable forces, the effect of which, by the exercise of reasonable diligence,
the nonperforming party could not avoid. The term "uncontrollable force(s)" shall mean any event which
results in the prevention or delay of performance by a party of its obligations under this Agreement which
is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage and governmental actions.
The nonperforming party shall, within a reasonable time of being prevented or delayed from performance
by an uncontrollable force, give written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of this Agreement. Notice as
required hereunder shall be sufficient when provided in accordance with Article 14 hereinabove.
Neither party shall, however, be excused from performance if nonperformance is due to forces
which are preventable, removable, or remediable and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch.
Page 6 of 10
Page 129 of 451
Agenda Item #9.
ARTICLE 16. OWNERSHIP OF DOCUMENTS
Engineer shall be required to cooperate with other consultants relative to providing information
requested in a timely manner and in the specified form. All instruments of professional services, including,
but not limited to, documents, records, disks, original drawings or other information created or procured by
Engineer for any project which is the subject of this Agreement and an individual CSA shall, upon
completion of the work and payment of all monies due Engineer, become the property of the Village for its
use and/or distribution as may be deemed appropriate by the Village. However, both parties specifically
acknowledge and agree that any re -use of such documents by the Village, for other than the specific purpose
intended, without written verification and adaption by Engineer for such specific purpose will be at the sole
risk of the Village and without liability or legal exposure to Engineer.
ARTICLE 17. ACCESS AND AUDITS
Engineer shall maintain adequate records to justify all charges and costs incurred in performing
work authorized under this Agreement and individual CSAs for at least three (3) years after completion of
the applicable project. The Village shall have access to such books, records and documents as required in
this section for the purpose of inspection or audit during normal working business hours at Engineer's place
of business.
ARTICLE 18. NON-DISCRIMINATION
Engineer represents that all of its employees are treated in a fair and equitable manner without
regard to race, color, religion, gender, age or national origin.
ARTICLE 19. ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this
Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys'
fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without
limitation, all such fees, costs and expenses incidental to appeals), incurred in that action or proceeding, in
addition to any other relief to which such party or parties may be entitled.
ARTICLE 20. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Agreement will be held in the state or federal courts in and for Palm Beach County
and the Agreement will be interpreted according to the laws of Florida.
Page 7 of 10
Page 130 of 451
Agenda Item #9.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Village and Engineer each binds itself and its partners, successors, assigns and legal
representatives to the other party in this Agreement and to the partners, successors, executors,
administrators, assigns and legal representatives. Engineer shall not assign this Agreement without the
express written approval of the Village.
ARTICLE 22. SEVERABILITY
The invalidity, illegality or unenforceability of any provision of this Agreement, or the occurrence
of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity
or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed
severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void.
ARTICLE 23. OFFICE OF THE INSPECTOR GENERAL
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions,
and make reports and recommendations to municipal governing bodies based on such audits, reviews or
investigations. All parties doing business with the Village shall fully cooperate with the inspector general
in the exercise of the inspector general's functions, authority and power. The inspector general has the
power to take sworn statements, require the production of records and to audit, monitor, investigate and
inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect,
deter, prevent and eradicate fraud, waste, mismanagement, misconduct and abuses.
ARTICLE 24. PUBLIC RECORDS
In accordance with Sec. 119.0701, Florida Statutes, Engineer must keep and maintain this
Agreement and any other records associated therewith and that are associated with the performance of the
work described herein and in Engineer's proposal. Upon request from Village's custodian of public
records, Engineer must provide Village with copies of requested records, or allow such records to be
inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter
119, Florida Statutes. Should Engineer fail to provide the public records to Village, or fail to make them
available for inspection or copying, within a reasonable time, Engineer may be subject to attorney's fees
and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, Engineer shall ensure that any exempt or confidential records associated with this
Agreement or associated with the performance of the work described herein and in Engineer's proposal are
not disclosed except as authorized by law for the duration of the Agreement term, and following completion
Page 8of10
Page 131 of 451
Agenda Item #9.
of the Agreement if Engineer does not transfer the records to the Village. Finally, upon completion of the
Agreement, Engineer shall transfer, at no cost to the Village, all public records in possession of Engineer,
or keep and maintain public records required by the Village. If Engineer transfers all public records to the
Village upon completion of the Agreement, Engineer shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. Engineer shall be entitled
to retain a copies of documents it creates for record purposes, pursuant to the requirements of this Article
and Chapter 119, Florida Statutes. If Engineer keeps and maintains public records upon completion of the
Agreement, Engineer shall meet all applicable requirements for retaining public records. Records that are
stored electronically must be provided to Village, upon request from Village's custodian of public records,
in a format that is compatible with Village's information technology systems.
IF ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO ENGINEER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN
FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliams(&,teauesta.org,
OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
ARTICLE 25. ENTIRETY OF AGREEMENT
The Village and Engineer agree that this Agreement, including Exhibit "A" Fee Schedule; Exhibit
"B" Engineer's Proposal submitted in response to Village's RFQ, which is hereby incorporated into this
Agreement; and all required insurance, licenses and approvals required by this Agreement sets forth the
entire agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to,
modified, superseded or otherwise altered except by written instrument executed by the parties hereto.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 9 of 10
Page 132 of 451
Agenda Item #9.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
ATTEST:
Village of Tequesta
Abigail Brennan, Mayor
Lori McWilliams, MMC, Village Clerk (SEAL)
Approved as to form and legal
sufficiency
Keith W. Davis, Esq., Village Attorney
WITNESSES:
(Corporate Seal)
Page 10 of 10
Page 133 of 451
Agenda Item #9.
V*111age of Tequesta
345 Tegu+esta Drive 561-7 68-0700
Teguesta, FL 33469 - www.tequesto.org
M
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General Consulting Services Continuing Contracts
Addendum No. 1
April 24, 2020
RFQ DUE: 5:00 PM, Local Time, May 26, 2020
TO ALL VENDORS BIDDING ON THIS PROJECT:
The changes, additions, substitutions, and/or deletions contained in Addendum No. 1 are hereby
made a part of the Request for Qualifications Documents for the General Consulting Services
Continuing Contracts solicitation, fully and completely as if the same were fully set forth herein.
1. PARAGRAPH 1.6, REVIEWING THE RFQ AND ADDENDA
Add to end of section:
Note: Due to the COVID-19 pandemic Village Hall may be closed to the public when the
submittals are due. Proposers who wish to drop off submittal packages in person shall call
(561) 768-0421 prior to arriving at Village Hall to schedule a time to drop off the packages.
ATTACHMENTS
ATTACHMENT 1 RESPONSES TO BIDDER QUESTIONS
ATTACHMENT VILLAGE LIMITS
ATTACHMENT 3 POTABLE WATER SYSTEM MAP
ATTACH M ENT 4 STORMWATER SYSTEM MAP
END OF ADDENDUM
Vice -Mayor Kyle Stone Mayor Abby Brennan
Council Member Frank D'Ambra
Council Member Laurie Brandon
Council Member Bruce Prince
Village Manager Jeremy Allen
Page 134 of 451
Agenda Item #9.
TTACHMENT 1
RESPONSES TO BIDDER QUESTIONS
Page 135 of 451
Agenda Item #9.
RESPONSES TO BIDDER QUESTIONS
Question 1: Can you please share who will be on the selection committee?
Response 1: The selection committee will be selected by the Village Manager prior to the
date qualification submittals are due.
Question 2: Are there any special delivery instructions due to COVID-19?Like having to call
ahead to get access to drop off package, etc. ?
Response 2: See change to Paragraph 1.6 in Addendum No. 1.
Question 3: There are no page limitations for this RFQ are there?
Response 3: No
Question 4: Is there any way to find out who the contract was awarded to the last time the
General Consulting Services came up for bid?
Response 4: The current consultants with continuing contracts with the Village are Kimley-
Horn &Associates and Mock, Roos &Associates
Question 5: Would you be interested in a quote for LEED Certifying this project?
Response 5: This request for qualifications is for continuing contracts for general
consulting services and is not for a specific project. It is possible that LEED
certification may be desired for individual work authorizations issued under
this continuing contract.
Question 6: Is this contract replacing an existing contract or contracts? If so, who are the
incumbents?
Response 6: The intent of this Request for Qualifications is to increase the number of
consultants the Village has under contract.
Page 136 of 451
Agenda Item #9.
TTACHMENT 2
VILLAGE LIMITS
Page 137 of 451
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38 of 451
Agenda Item #9.
TTACHMENT 3
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Page 139 of 451
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Page 141 of 451
Agenda Item #9.
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Page 142 of 451
Agenda Item #9.
V*111age of Tequesta
345 Tegu+esta Drive 561-7 68-0700
Teguesta, FL 33469 www.tequesto.org
M
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General Consulting Services Continuing Contracts
Addendum No. 2
May 4, 2020
RFQ DUE: 5:00 PM, Local Time, May 26, 2020
TO ALL VENDORS BIDDING ON THIS PROJECT:
The changes, additions, substitutions, and/or deletions contained in Addendum No. 2 are hereby
made a part of the Request for Qualifications Documents for the General Consulting Services
Continuing Contracts solicitation, fully and completely as if the same were fully set forth herein.
1. EXHIBIT A— CONSULTANTS CHECKLIST
Deleted in its entirety.
Replace with revised Exhibit A included in Attachment 2.
ATTACHMENTS
ATTACHMENT 1 RESPONSES TO BIDDER QUESTIONS
ATTACHMENT 2 EXH I BITS TO RFQ #UTI L 06-20
END OF ADDENDUM
Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Laurie Brandon
Council Member Frank D'Ambra Council Member Bruce Prince
Village Manager Jeremy Allen
Page 143 of 451
Agenda Item #9.
TTACHMENT 1
RESPONSES TO BIDDER QUESTIONS
Page 144 of 451
Agenda Item #9.
RESPONSES TO BIDDER QUESTIONS
Question 1: Due to COVID-19 concerns, is there any chance the submittal for RFQ #UTIL
06-20 will become electronic?
Response 1: The hard copies identified in the Paragraph 2.2 are required to be included as
a part of the submittal package. Special provisions for delivering submittal
packages in light of COVID-19 were included in Addendum No. 1.
Question 2: Are you looking for reference surveys from only the prime on responding
teams, or from the prime and subs on the team?
Response 2: Project Specific Reference Forms (Exhibit D) are required for the prime
consultant only. References for key sub -consultants are not required but may
be included as supplemental information.
Question 3: Exhibit J —Village Clerk's Office ADA Compliancy Statement: Exhibit is blank —
can you please clarify what should be provided within this section?
Response 3: All exhibits (Exhibit A through Exhibit K) to the RFQ have been included as
attachments to this addendum.
Question 4: Can a firm submit both as a Prime and as a subconsultant on one or more
Teams?
Response 4: There is nothing explicitly prohibiting this.
Question 5: Tab 4.1 Consultant Cost — what does this mean is this the consultant's fee?
Response 5: The "Consultants Cost" listed in Tab 4.1 is to be the total project fee for the
consultant.
Question 6: What information is to be stated in Exhibit C Offeror's Acknowlegement?
Response 6: See Response 3.
Question 7: It looks like some forms on here are blank including EXHIBIT C — OFFEROR'S
ACKNOWLEDGMENT, EXHIBIT E — CONFLICT OF INTEREST STATEMENT, EXHIBIT
G — CONFIRMATION OF DRUG -FREE WORK PLACE, and EXHIBIT J — VILLAGE
CLERK'S OFFICE ADA COMPLIANCY STATEMENT. Are these things you would
like for us to compose ourselves or were they included blank in error?
Response 7: See Response 3.
Page 145 of 451
Agenda Item #9.
Question 8: Part of Tab 8-Attachments includes 8.11 Standard Village Agreement (Exhibit
"K")- this is typically just an example of what the agreement looks like for
reference. However, since it's listed as an item in that tab 1 want to ask if the
Village intends for us to execute it and include in our package?
Response 8: Exhibit K is provided as a reference for potential submitting firms and is not
required to be included with the submittal package. See Paragraph 1.24 for
additional information on the Standard Village Agreement. Exhibit A,
Consultant Checklist, has been revised for clarification as a part of this
addendum.
Question 9: Because of the COVID-19 pandemic and the need for social distancing, would
the Village consider accepting an electronic submittal package instead hard
copies?
Response 9: See Response 1.
Question 10: In the RFQ package downloaded from Demandstar, I've noted a number of
exhibits which had no content provided other than the title of the document:
Offeror's Acknowledgement, Conflict of Interest Statement, Drug -Free
Workplace, Village Clerk's ADA Statement, and Standard Village Agreement. If
there is specific content that is missing, can an updated version of the
document be uploaded to Demandstar or your website?
Response 10: See Response 3.
Question 11: For the Standard Village Agreement Exhibit, are we expected to include a blank
copy of the services agreement example provided in the RFQ dots or is this also
a case where specific content is missing?
Response 11: See Response 8.
Page 146 of 451
Agenda Item #9.
EXHIBIT A — CONSULTANT CHECKLIST
Note:
1) This Exhibit must be included in RFQ immediately after the cover letter.
2) RFQ Package must be put together in order of this checklist.
3) Any supplemental materials must appear after those listed below and tabbed "Additional
RFQ Information"
Cover Letter (Tab 1)
Copy of this Check List — Exhibit A (Tab 1)
Acknowledgment of Addenda —Exhibit 6 (Tab 1)
Offeror's Acknowledgment — Exhibit C (Tab 1)
Consultant Profile (Tab 2)
Proposed Project Team Firms (Tab 3)
Specific Related Experience of the Firm (Tab 4)
Key Proposed Project Team Personnel (Tab 5)
Project Team Staffing Experience (Tab 5)
Project Delivery and Approach (Tab 6)
References — Exhibit D (Tab 7)
Conflict of Interest Statement — Exhibit E (Tab 8)
Notification of Public Entity Crimes Law— Exhibit F (Tab 8)
Confirmation of Drug -Free Work Place — Exhibit G (Tab 8)
Non -Collusion Affidavit — Exhibit H (Tab 8)
Truth -In -Negotiation Certificate — Exhibit I (Tab 8)
Village Clerk's Office ADA Compliancy Statement — Exhibit J (Tab 8)
W-9 Form (Tab 8)
Page 147 of 451
Agenda Item #9.
EXHIBIT B — ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
List below the dates of issue for each addendum received in connection with this Solicitation:
Addendum #11 Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #41 Dated
Addendum #S, Dated
Addendum #6, Dated
Addendum #71 Dated
Addendum #8, Dated
Addendum #9, Dated
Addendum #10, Dated
PART II:
❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION
Firm Name
Signature
Name and Title (Print or Type)
Date
Page 148 of 451
Agenda Item #9.
EXHIBIT C - OFFEROR'S ACKNOWLEDGMENT
Page 149 of 451
Agenda Item #9.
REQUEST FOR PROPOSAL UTI L 06-20
RFP EXHIBIT "C"
OFFEROR'S ACKNOWLEDGMENT
SUBMIT ONE (1) ORIGINAL, SIX (6) COPIES, AND A THUMB DRIVE OF YOUR PROPOSAL TO:
Village of Tequesta
Attn: Village Clerk
345 Tequesta Drive
Tequesta, FL 33469
RFP TITLE:
General Consulting Services
Proposal must be received PRIOR TO 5:00 P.M., May 26, 2020 , at which time Proposals will
be opened.
Offeror's Name:
(Please specify if a corporation, partnership, other entity or individual)
Fed. ID#:
Address:
Telephone No.:
Email Address:
Contact representative:
Fax Number:
The undersigned authorized representative of the offeror agrees to all terms and conditions
stated in the RFP, and proposes and agrees that if this proposal is accepted by the Village, the
offeror will negotiate with the Village in order to enter into a contract to provide all goods and/or
services as stated in this proposal and in accordance with the terms and conditions of the RFP.
Authorized Representative's Signature Date
Name:
Position:
Page 150 of 451
Agenda Item #9.
EXHIBIT D — PROJECT SPECIFIC REFERENCE FORM
Company under Review:
Reference:
Name/Title:
Project:
Project Manager:
Other Key Project Personnel:
RFQ No.: UTI L 06-20
RFQ Title: General Consulting Services
Phone:
Fax:
Lead Professional:
Describe the scope of work of the contract awarded by your company/agency to this firm:
No.
Questions
Rating
Comments
1.
Rate the level of commitment of the firm to
your project. Did they devote the time and
management staff necessary for successful and
timely work?
2.
Rate the quality of customer service and the
competence and accessibility of the personnel.
3.
Rate how well the firm listened and
understood the project specific needs of your
organization.
4.
Rate how well the firm met the major schedule
milestones for the project.
5.
Rate the firm's success at minimizing and
controlling potential mistakes. Were there bid
addendums, contract change orders, etc.
6.
Rate the overall quality of the work.
7.
Rate the technical competence of the firm and
its consultants.
Page 151 of 451
Agenda Item #9.
No.
Questions
Rating
Comments
8.
Rate the integrity and professionalism of the
firm.
9.
If you have a similar contract to undertake in
the future, would the firm be considered?
Yes No
Rating: ]Poor 2=Fair 3 Average 4=Good S Excellent
Signature
Date
Page 152 of 451
Agenda Item #9.
EXHIBIT E - CONFLICT OF INTEREST STATEMENT
Page 153 of 451
Agenda Item #9.
REQUEST FOR PROPOSAL UTI L 06-20
RFP EXHIBIT " E "
CONFLICT OF INTEREST STATEMENT
This Request for Proposal is subject to the conflict of interest provisions of the policies and Code
of Ordinances of the VILLAGE OF TEQUESTA, the Palm Beach County Code of Ethics, and the
Florida Statutes. The Bidder shall disclose to the VILLAGE OF TEQUESTA any possible conflicts of
interests. The Bidder's duty to disclose is of a continuing nature and any conflict of interest shall
be immediately brought to the attention of the VILLAGE OF TEQUESTA.
CHECK ALL THAT APPLY:
To the best of our knowledge, the undersigned business has no potential conflict of
interest for this Proposal due to any other clients, contracts, or property interests.
To the best of our knowledge, the undersigned business has no potential conflict of
interest for this Proposal as set forth in the policies and Code of Ordinances of the Village of
Tequesta, as amended from time to time.
To the best of our knowledge, the undersigned business has no potential conflict of
interest for this Proposal as set forth in the Palm Beach County Code of Ethics, as amended from
time to time.
To the best of our knowledge, the undersigned business has no potential conflict of
interest for this Proposal as set forth in Chapter 112, Part III, Florida Statutes, as amended from
time to time.
IF ANY OF THE ABOVE STATEMENTS WERE NOT CHECKED, the undersigned business, by
attachment to this form, shall submit information which may be a potential conflict of interest
due to any of the above listed reasons or otherwise.
The undersigned understands and agrees that the failure to check the appropriate blocks above
or to attach the documentation of any possible conflicts of interest may result in disqualification
of your proposal or in the immediate cancellation of your agreement, if one is entered into.
COMPANY OR INDIVIDUAL NAME
AUTHORIZED SIGNATURE
NAME (PRINT OR TYPE)
TITLE, IF A COMPANY
Page 154 of 451
Agenda Item #9.
EXHIBIT F — NOTIFICATION OF PUBLIC ENTITY CRIMES LAW
Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has
been placed on the convicted contractors list following a conviction for a public entity crime may not submit
a Proposal on a contract to provide any goods or services to a public entity; may not submit a Proposal on
a contract with a public entity for the construction or repair of a public building or public work; may not
submit Qualifications on leases or real property to a public entity; may not be awarded or perform work as
a contractor, supplier, sub -Proposer, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being
placed on the convicted contractors list.
Acknowledged by:
Firm Name
Signature
Name and Title (Print or Type)
Date
Page 155 of 451
Agenda Item #9.
EXHIBIT G - CONFIRMATION OF DRUG -FREE WORK PLACE
Page 156 of 451
Agenda Item #9.
REQUEST FOR PROPOSAL UTIL 06-20
RFP EXHIBIT " G "
CONFIRMATION OF DRUG -FREE WORKPLACE
In accordance with Section 287.0871 Florida Statutes, whenever two or more Proposals are equal
with respect to price, quality, and service which are received by any political subdivision for the
procurement of commodities or contractual services, a proposal received from a business that
certifies that it has implemented a drug -free workplace program shall be given preference in the
award process. In order to have a drug -free workplace program, a business shall:
(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
under proposal 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 proposal, 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 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.
As the person authorized to sign this statement on behalf of , I certify
that complies fully with the above requirements.
Authorized Representative's Signature Date
Name:
Position:
Page 157 of 451
Agenda Item #9.
EXHIBIT H — NON -COLLUSION AFFIDAVIT
STATE OF _
COUNTY OF
Before me, the undersigned authority, personally appeared _, who,
after being by me first duly sworn, deposes and says of his/her personal knowledge that:
a. He/She is of , the Proposer
that has submitted a Qualification to perform work for the following:
RFQ No.: UTIL 06-20
Title: General Consulting Services
b. He/She is fully informed respecting the preparation and contents of the attached Request for
Qualifications, and of all pertinent circumstances respecting such Solicitation.
C. Such Proposal is genuine and is not collusive or sham Proposal.
d. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived, or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a
collusive or sham Proposal in connection with the Solicitation and contract for which the attached
Proposal has been submitted or to refrain from proposing in connection with such Solicitation and
contract, or has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Proposer, firm, or person to fix the price or prices
in the attached Proposal or any other Proposer, or to fix any overhead, profit, or cost element of
the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion,
conspiracy, connivance, or unlawful agreement any advantage against the Village or any person
interested in the proposed contract.
e. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
Signatu re
Subscribed and sworn to (or affirmed) before me this day of
who is personally known to me or who has
as identification.
SEAL
Notary Signature
Notary Name:
Notary Public (State):
My Commission No: _
Expires on:
_2020, by
produced
Page 158 of 451
Agenda Item #9.
EXHIBIT I — TRUTH -IN -NEGOTIATION CERTIFICATE
The undersigned warrants:
i) that it has not employed or retained any company or person, other than bona fide
employees working solely for the undersigned, to solicit or secure the Agreement
and
ii) that it has not paid or agreed to pay any person, company, corporation, individual,
or firm other than its bona fide employees working solely for the undersigned or
agreed to pay any fee, commission, percentage, gift, or any other consideration
contingent upon or resulting from the award or making of the Agreement.
The undersigned certifies that the wage rates and other factual unit costs used to determine the
compensation provided for in the Agreement are accurate, complete, and current as of the date
of the Agreement.
This document must be executed by a Corporate Officer.
Name:
Title:
Date:
Signature:
Page 159 of 451
Agenda Item #9.
EXHIBIT J - VILLAGE CLERK'S OFFICE ADA COMPLIANCY STATEMENT
Page 160 of 451
Agenda Item #9.
REQUEST FOR PROPOSAL UTIL 06-20
RFP EXHIBIT 414,1 "
Village Clerk's Office ADA Compliancy Statement
The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy
to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA")
by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible
to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written
statement indicating that all [ agreement /bid documents and specifications], from Contractor,
including files, images, graphics, text, audio, video, and multimedia, shall be provided in aformat
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by
the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at the
Web Content Accessibility Guidelines page.
Required Confirmation:
I, have read the above compliancy statement and confirm the
agreement, bid documents and specifications, including files, images, graphics, text, audio, video,
and multimedia, contained within this bid packet are accessible to individuals with disabilities
and conforms to the Level AA Success Criteria and Conformance Requirements of the Web
Content Accessibility Guidelines 2.0.
Representative Signature
Date:
Page 161 of 451
Agenda Item #9.
EXHIBIT K - STANDARD VILLAGE AGREEMENT
Page 162 of 451
Agenda Item #9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT, between the Village of Tequesta, a municipal corporation with offices
located at 345 Tequesta Drive, 33469 (hereinafter referred to as the "Village") and
a Florida corporation with offices located at
(hereinafter referred to as "Engineer") is entered into this day of , 2020, effective immediately.
WHEREAS, the Village requires certain engineering services, including but not limited to
engineering services for its water utility/system and general civil projects, hereinafter referred to in general
terms as "Work"; and
WHEREAS, the Village has selected Engineer under the provisions of Sec. 287.055, Florida
Statutes, also known as the "Consultant's Competitive Negotiation Act" ("CCNA") and desires to enter
into a "continuing contract" with Engineer within the meaning the CCNA for provision of Work related
services pursuant to this Agreement; and
WHEREAS, the Engineer has represented to the Village that it is capable and prepared to provide
such Work services under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto agree
as follows:
ARTICLE 1. TERM; AGREEMENT NOT EXCLUSIVE
This Agreement shall remain in effect for a term of three (3) years from the date of this Agreement
with two (2) one (1) year options to renew, unless otherwise terminated as provided herein at Article 13.
Each option to renew shall be exercised automatically unless either party gives notice to the other at least
thirty (30) days prior to the end of the term of its intent not to renew. Additionally, the parties may extend
the Agreement upon mutually acceptable terms and conditions. Any such extension shall be in writing and
must be executed by both parties. The extension may provide for the completion of all tasks previously
authorized by the Village in accordance with Article 2 unless terminated in accordance with Article 13
hereinbelow, or allowed to lapse by failure to extend same at the end of the term. Any and all CSA Work
authorizations issued during the term of this Agreement (including any extensions) shall remain in full force
and effect beyond the term of this Agreement (including any extensions) as set forth herein, unless
otherwise terminated in accordance with Article 13 hereinbelow.
Nothing in this Agreement shall prevent the Village from employing other consultants to perform
the same or similar services. The Village also retains the option, at its sole discretion, to perform any and
all professional engineering services by utilizing Village employees or other engineers.
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ARTICLE 2. SERVICES TO BE PERFORMED BY ENGINEER; INSTRUMENT OWNERSHIP
2.1 Services
Engineer shall perform certain professional general civil/engineering services and such other
related services as may be required by the Village from time to time which are specifically authorized by
the Village and set forth in a specific Scope of Services (herein referred to as the "Work"). Each such
specific authorization will be referred to as a Consultant Services Authorization ("CSA"). Each CSA shall
be designated as a consecutively numbered exhibit to this Agreement and shall be attached hereto and
incorporated by reference as part of this Agreement. Each CSA form will set forth a specific scope of
services, total amount of compensation and completion date. An individual CSA for projects costing up to
twenty five thousand dollars ($25,000.00) must be approved by the Village Manager prior to
commencement of any work by Engineer, as more particularly set forth below (2.3 — Process). For all
projects valued in excess of twenty five thousand dollars ($25,000.00), the individual CSA must be
approved by the Village Council prior to commencement of any work by Engineer. Typical projects that
may be authorized include, but are not necessarily limited to the following:
1. Raw water pipe cleaning
2. Chemical feed system upgrade
3. Stormwater design
4. SCADA system upgrade
S. Filter Plant Upgrade
6. New MCC Room
7. Membrane Replacement
8. Aluminum Covers for Chlorine Tanks
9. All types of permitting
10. Roadway design
2.2 Ownership
All instruments of professional services including, but not limited to, documents, records, disks,
original drawings and/or other information created and/or procured by Engineer for any authorized Project
shall become the property of the Village upon completion of the work for which the asset was utilized and
upon payment by the Village in accordance with the applicable CSA and Article 16.
2.3 Process
The Village and Engineer will confer prior to the issuance of any CSA to discuss the scope of the
Work, the time needed to complete the Work, including phasing, if any, and the fees for services to be
rendered in connection with the Work. Thereafter, Engineer will submit a proposed CSA to Village which
shall state with specificity and detail the scope of Work, the time for completion, including phasing, if any,
and the fees. CSAs may divide the Work into individual tasks or phases, as discussed between the Village
Page 2 of 10
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Agenda Item #9.
and Engineer prior to the issuance of the CSA. At the discretion of Village Manager, CSAs for certain
general utility and civil services of minimal scope (those that do not exceed $15,000.00 total cost per CSA)
may be issued verbally for purposes of expediency, but shall be followed up by Engineer with a written
CSA as soon as practical. Additionally, at the discretion of Village, a written CSA for general Work
services to be performed over a specified period of time (months, or years) may be issued. In such event,
Engineer shall invoice Village from time to time, pursuant to Article 3 hereinbelow, against the agreed fees
based on authorization from the Village Manager.
Engineer shall commence no Work prior to receipt of Village authorization. Engineer shall not
exceed the fee amount in any CSA without prior Village authorization.
Village agrees to cooperate with Engineer at all times with the provision of plans or other data in
the possession of Village and available in Village files for any Work authorized hereunder.
ARTICLE 3. COMPENSATION
3.1 General
The Village shall pay Engineer in accordance with each individual CSA; however such CSA shall
be based upon the Fee Schedule attached hereto as Exhibit "A" and incorporated by reference as part of
this Agreement. Such Fee Schedule may be adjusted by mutual consent of both parties. Compensation
based upon such Fee Schedule will be negotiated as a lump sum price or as an hourly rate for each individual
CSA as set forth in Article 2 hereinabove. Payments shall be made by Village to Engineer on a monthly
basis, pursuant to Engineer's invoice for Work completed.
3.2 Reimbursable Expenses
All requests for payment of "out-of-pocket" expenses which may be eligible for reimbursement
shall be included on the individual CSA applicable to the project. Copies of paid receipts, invoices or other
documentation acceptable to the Village Manager may be requested by the Village for documentation
sufficient to establish that the expense was actually incurred. No payment will be made for items not listed
on the CSA unless approved by the Village Manager prior to the expenditure by Engineer.
ARTICLE 4. INSURANCE
During the performance of the services under this Agreement, Engineer shall maintain the
following insurance policies written by an insurance company authorized to do business in Florida:
1. Professional liability insurance with bodily injury limits of not less than $2,000,000 for
each claim, and with property damage limits of not less than $2,000,000 for each claim.
2. General and Automobile liability insurance with bodily injury limits of not less than
$500,000 for each person and not less than $500,000 for each accident and with property
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Agenda Item #9.
damage limits of not less than $500,000 for each accident, and any greater limits as may
otherwise be required by law.
3. Workers' Compensation insurance in accordance with statutory requirements.
Engineer shall furnish the Village certificates of insurance which shall include a provision that
policy cancellation, non -renewal or reduction of coverage will not be effective until at least thirty (30) days
written notice has been made to the Village. Engineer shall include the Village as an additional insured on
the general and automobile liability insurance policies required by the Agreement. All of Engineer's
subcontractors shall be required to include the Village and Engineer as additional insureds on their general
and automobile liability insurance policies. Engineer shall not commence work under this Agreement or
any CSA issued hereunder until all insurance required as stated herein has been obtained and certificates
evidencing same are on file with the Village.
ARTICLE 5. STANDARD OF CARE
Engineer shall exercise the same degree of care, skill and diligence in the performance of the
services as is ordinarily provided by a comparable professional under similar circumstances and shall be
obligated to correct services which fall below such standards at no additional cost to the Village. Engineer
agrees that all services shall be performed by skilled and competent personnel.
ARTICLE 6. INDEMNIFICATION
Engineer agrees to protect, indemnify, provide costs of defense and hold harmless the Village, its
employees and representatives, from and against any and all claims and liabilities, including all attorneys'
fees and court costs, including appeals, for which the Village, its employees and representatives, can or
may be held liable as a result of injury (including death) to persons or damage to property to the extent
occurring by reason of any negligent or intentional acts or omissions of Engineer, its employees or agents,
including subcontractors, in the performance of services under this Agreement. Engineer shall not be
required to indemnify the Village or its agents, employees or representatives when an occurrence results
from the wrongful acts or omissions of the Village or its agents, employees or representatives. The terms
and conditions of this Article shall survive the completion of all services, obligations and duties provided
for in this Agreement as well as the termination of this Agreement for any reason.
ARTICLE 7. INDEPENDENT CONTRACTOR
Engineer undertakes performance of the services as an independent contractor and shall be wholly
responsible for the methods of performance utilized. Engineer shall not pledge the Village's credit or make
it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien or any form of
indebtedness. Engineer further warrants and represents that it has no obligation or indebtedness that would
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Agenda Item #9.
impair its ability to fulfill the terms of this Agreement.
ARTICLE 8. AUTHORITY TO PRACTICE
Engineer hereby represents and agrees that it has and will continue to maintain all licenses and
approvals required to conduct its business, and that it will at all times conduct its business activities in a
reputable manner.
ARTICLE 9. COMPLIANCE WITH LAWS
In performance of the services, Engineer will comply with applicable regulatory requirements,
including federal, state, special district and local laws, rules, regulations, orders, codes, criteria and
standards.
ARTICLE 10. SUBCONTRACTING
The Village reserves the right, in its sole discretion, to accept or reject the use of a subcontractor
and to inspect all facilities of any subcontractor to insure that the selected subcontractors will be able to
perform properly under this Agreement. If a subcontractor fails to perform or make progress as required
by any CSA and it becomes necessary to replace the subcontractor in order to complete the work in a timely
fashion, Engineer shall promptly provide a replacement, subject to acceptance of the new subcontractor by
the Village.
ARTICLE 11. FEDERAL AND STATE TAXES
The Village is exempt from federal tax and state sales and use taxes. Upon request, the Village
will provide an exemption certificate to Engineer. Engineer is not exempt from paying sales tax to its
suppliers for materials to fulfill contractual obligations with the Village, nor shall Engineer be authorized
to use the Village's Tax Exemption Number in securing such materials.
ARTICLE 12. AVAILABILITY OF FUNDS
The obligations of the Village under this Agreement and any CSA are subject to the availability of
funds lawfully appropriated for its purpose by the Village Council of the Village of Tequesta. Engineer
may rely on the execution of an individual CSA as evidence that funds have been appropriated.
ARTICLE 13. TERMINATION OF AGREEMENT
This Agreement, or any CSA issued hereunder, may be terminated by either party with or without
cause upon thirty (30) days prior written notice to the other. Unless Engineer is in breach of this Agreement,
Engineer shall be paid for services rendered to the Village's reasonable satisfaction through the date of
termination. Notice as required hereunder shall be sufficient when provided in accordance with Article 14
hereinbelow.
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Agenda Item #9.
ARTICLE 14. NOTICE
Any notice, demand, communication or request required or permitted hereunder shall be in writing
and delivered in person, by facsimile or sent by certified mail as follows:
AS TO VILLAGE
WITH COPY TO
AS TO ENGINEER
Jeremy Allen
Keith W. Davis, Esq.
Village Manager
Village Attorney
Village of Tequesta
Davis & Ashton, P.A.
345 Tequesta Drive
701 Northpoint Parkway, Suite 205
Tequesta, FL 33469
West Palm Beach, FL 33407
Notices shall be effective when received at the addresses as specified above. Facsimile
transmission is acceptable notice effective when received, however, facsimile transmissions received (i.e.,
printed) after 5:00 p.m. on weekends or holidays will be deemed received on the next business day. The
original of the notice must additionally be sent by certified mail. Changes in the respective addresses to
which such notice is to be directed may be made from time to time by either party by written notice sent by
regular mail or facsimile to the other party.
ARTICLE 15. UNCONTROLLABLE FORCES
Neither Village nor Engineer shall be deemed in default of this Agreement if delays or failure of
performance is due to uncontrollable forces, the effect of which, by the exercise of reasonable diligence,
the nonperforming party could not avoid. The term "uncontrollable force(s)" shall mean any event which
results in the prevention or delay of performance by a party of its obligations under this Agreement which
is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage and governmental actions.
The nonperforming party shall, within a reasonable time of being prevented or delayed from performance
by an uncontrollable force, give written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of this Agreement. Notice as
required hereunder shall be sufficient when provided in accordance with Article 14 hereinabove.
Neither party shall, however, be excused from performance if nonperformance is due to forces
which are preventable, removable, or remediable and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch.
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Agenda Item #9.
ARTICLE 16. OWNERSHIP OF DOCUMENTS
Engineer shall be required to cooperate with other consultants relative to providing information
requested in a timely manner and in the specified form. All instruments of professional services, including,
but not limited to, documents, records, disks, original drawings or other information created or procured by
Engineer for any project which is the subject of this Agreement and an individual CSA shall, upon
completion of the work and payment of all monies due Engineer, become the property of the Village for its
use and/or distribution as may be deemed appropriate by the Village. However, both parties specifically
acknowledge and agree that any re -use of such documents by the Village, for other than the specific purpose
intended, without written verification and adaption by Engineer for such specific purpose will be at the sole
risk of the Village and without liability or legal exposure to Engineer.
ARTICLE 17. ACCESS AND AUDITS
Engineer shall maintain adequate records to justify all charges and costs incurred in performing
work authorized under this Agreement and individual CSAs for at least three (3) years after completion of
the applicable project. The Village shall have access to such books, records and documents as required in
this section for the purpose of inspection or audit during normal working business hours at Engineer's place
of business.
ARTICLE 18. NON-DISCRIMINATION
Engineer represents that all of its employees are treated in a fair and equitable manner without
regard to race, color, religion, gender, age or national origin.
ARTICLE 19. ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this
Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys'
fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without
limitation, all such fees, costs and expenses incidental to appeals), incurred in that action or proceeding, in
addition to any other relief to which such party or parties may be entitled.
ARTICLE 20. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Agreement will be held in the state or federal courts in and for Palm Beach County
and the Agreement will be interpreted according to the laws of Florida.
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Agenda Item #9.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Village and Engineer each binds itself and its partners, successors, assigns and legal
representatives to the other party in this Agreement and to the partners, successors, executors,
administrators, assigns and legal representatives. Engineer shall not assign this Agreement without the
express written approval of the Village.
ARTICLE 22. SEVERABILITY
The invalidity, illegality or unenforceability of any provision of this Agreement, or the occurrence
of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity
or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed
severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void.
ARTICLE 23. OFFICE OF THE INSPECTOR GENERAL
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions,
and make reports and recommendations to municipal governing bodies based on such audits, reviews or
investigations. All parties doing business with the Village shall fully cooperate with the inspector general
in the exercise of the inspector general's functions, authority and power. The inspector general has the
power to take sworn statements, require the production of records and to audit, monitor, investigate and
inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect,
deter, prevent and eradicate fraud, waste, mismanagement, misconduct and abuses.
ARTICLE 24. PUBLIC RECORDS
In accordance with Sec. 119.0701, Florida Statutes, Engineer must keep and maintain this
Agreement and any other records associated therewith and that are associated with the performance of the
work described herein and in Engineer's proposal. Upon request from Village's custodian of public
records, Engineer must provide Village with copies of requested records, or allow such records to be
inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter
119, Florida Statutes. Should Engineer fail to provide the public records to Village, or fail to make them
available for inspection or copying, within a reasonable time, Engineer may be subject to attorney's fees
and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, Engineer shall ensure that any exempt or confidential records associated with this
Agreement or associated with the performance of the work described herein and in Engineer's proposal are
not disclosed except as authorized by law for the duration of the Agreement term, and following completion
Page 8of10
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Agenda Item #9.
of the Agreement if Engineer does not transfer the records to the Village. Finally, upon completion of the
Agreement, Engineer shall transfer, at no cost to the Village, all public records in possession of Engineer,
or keep and maintain public records required by the Village. If Engineer transfers all public records to the
Village upon completion of the Agreement, Engineer shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. Engineer shall be entitled
to retain a copies of documents it creates for record purposes, pursuant to the requirements of this Article
and Chapter 119, Florida Statutes. If Engineer keeps and maintains public records upon completion of the
Agreement, Engineer shall meet all applicable requirements for retaining public records. Records that are
stored electronically must be provided to Village, upon request from Village's custodian of public records,
in a format that is compatible with Village's information technology systems.
IF ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO ENGINEER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN
FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliams(&,teauesta.org,
OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
ARTICLE 25. ENTIRETY OF AGREEMENT
The Village and Engineer agree that this Agreement, including Exhibit "A" Fee Schedule; Exhibit
"B" Engineer's Proposal submitted in response to Village's RFQ, which is hereby incorporated into this
Agreement; and all required insurance, licenses and approvals required by this Agreement sets forth the
entire agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to,
modified, superseded or otherwise altered except by written instrument executed by the parties hereto.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Agenda Item #9.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
ATTEST:
Village of Tequesta
Abigail Brennan, Mayor
Lori McWilliams, MMC, Village Clerk (SEAL)
Approved as to form and legal
sufficiency
Keith W. Davis, Esq., Village Attorney
WITNESSES:
(Corporate Seal)
Page 10 of 10
Page 172 of 451
Agenda Item #9.
V*111age of Tequesta
345 Tegu+esta Drive
Teguesta, FL 33469
9
� 1
9
561-7 68-0700
www.tequesto.org
General Consulting Services Continuing Contracts
Addendum No. 3
May 12, 2020
RFQ DUE: 5:00 PM, Local Time, May 26, 2020
TO ALL VENDORS BIDDING ON THIS PROJECT:
The changes, additions, substitutions, and/or deletions contained in Addendum No. 2 are hereby
made a part of the Request for Qualifications Documents for the General Consulting Services
Continuing Contracts solicitation, fully and completely as if the same were fully set forth herein.
NnNF
ATTACHMENTS
ATTACHMENT 1 RESPONSES TO BIDDER QUESTIONS
END OF ADDENDUM
Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Laurie Brandon
Council Member Frank D'Ambra Council Member Bruce Prince
Village Manager Jeremy Allen
Page 173 of 451
Agenda Item #9.
TTACHMENT 1
RESPONSES TO BIDDER QUESTIONS
Page 174 of 451
Agenda Item #9.
RESPONSES TO BIDDER QUESTIONS
Question 1: My question is in reference to RFQ # UTIL 06-20, General Consulting Services
Continuing Contracts. The indemnification language in your sample contract
does not comply with Florida Statute 725.08. Would the city be willing to
strike the words as indicated below to make the language compliant with
state law?
ARTICLE 6. INDEMNIFICATION
Engineer agrees to protect, indemnify, provide costs of defense and hold
harmless the Village, its employees and representatives, from and against
any and all claims and liabilities, including all attorneys' fees and court costs,
including appeals, for which the Village, its employees and representatives,
can or may be held liable as a result of injury (including death) to persons or
damage to property to the extent occurring by reason of any negligent eF
acts or omissions of Engineer, its employees or agents, including
subcontractors, in the performance of services under this Agreement.
Engineer shall not be required to indemnify the Village or its agents,
employees or representatives when an occurrence results from the wrongful
acts or omissions of the Village or its agents, employees or representatives.
The terms and conditions of this Article shall survive the completion of all
services, obligations and duties provided for in this Agreement as well as the
termination of this Agreement for any reason.
Response 1: Respond provided by the Village Attorney:
Sec. 725.08 (1) allows a professional services contract with an engineer to
require the engineer to indemnify and hold the public agency harmless from
damages, liabilities, etc. (including attorney's fees) to the extent caused by
the engineer's negligence, recklessness, or intentional wrongful conduct.
I do not understand how it is believed our proposed language is in conflict
with the statute. I do not see a need to change it as requested, nor do I advise
changing the language as requested based on the cited statute.
Question 2: I am helping out a colleague who normally puts together our RFQ and RFP
responses. Like so many she is quarantined at home. As such, 1 have some
questions of an administrative nature regarding the RFQ application document
itself;
Exhibit C - Offeror's Acknowledgement. This is a blank page, with no document
following it. Will you be providing a prepared form?
Page 175 of 451
Agenda Item #9.
Exhibit D —Project Specific Reference Form —please explain the purpose of this
form; we would be submitting Project Sheets formatted per Tab #4 Experience
and Expertise —would that not be sufficient?
Exhibit E — Conflict of Interest Statement. This is a blank page, with no
document following it. Will you be providing a prepared form?
Exhibit G —Confirmation of Drug -Free Workplace. This is a blank page, with no
document following it. Some question as above.
Exhibit J —Village Clerk's Office ADA Compliancy Statement. This is a blank
page, with no document following it. Will you be providing a prepared form?
Exhibit K —Standard Village Agreement —while there is a document following
this page, it is a "Professional Engineering Services Agreement'; which 1
assume is being provided for example only of the standard clauses to be used
for any service discipline, correct? (Our qualifications submittal would not be
for engineering services).
Response 2: Refer to Addendum No. 2 regarding copies of Exhibits A through K.
Regarding Exhibit D — Project Specific Reference Form, a minimum of three (3)
Project Specific Reference Forms are required to be included in Tab #7. Refer
to Section IV, Qualification Package, for additional information.
Regarding the reference to engineering services in Exhibit K, the language in
the Standard Village Agreement would be modified accordingly should
engineering services not apply.
Page 176 of 451
Agenda Item #9.
Village
345 Tegu+esta Drive
Teguestax FL 33469
of Tequesta
561-7 68-0700
www.tequesto.org
General Consulting Services Continuing Contracts
Addendum No. 4
May 20, 2020
RFQ DUE: 5:00 PM, Local Time, May 26, 2020
TO ALL VENDORS BIDDING ON THIS PROJECT:
The changes, additions, substitutions, and/or deletions contained in Addendum No. 4 are hereby
made a part of the Request for Qualifications Documents for the General Consulting Services
Continuing Contracts solicitation, fully and completely as if the same were fully set forth herein.
1. SECTION II —SUBMITTAL INFORMATION, PARAGRAPH 2.2
Delete in its entirety.
Replace with:
Qualification Packages shall be submitted on 8%" by 11" or 11"x17" paper, neatly typed, with
normal margins and spacing. One (1) unbound original, six (6) bound copies, and an ADA
compliant .pdf copy on a CD or USB thumb -drive.
2. SECTION II —SUBMITTAL INFORMATION, PARAGRAPH 2.3
Delete in its entirety.
Replace with:
Responses to the RFQ must be signed by an authorized officer of the proposing firm, who is
legally authorized to enter into a contractual relationship in the name of the Proposer. The
submittal of a Statement of Qualifications by the Proposer will be considered by the Village
as constituting an Offer by the Proposer to perform the required services.
Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Laurie Brandon
Council Member Frank D'Ambra Council Member Bruce Prince
Village Manager Jeremy Allen
Page 177 of 451
Agenda Item #9.
REMINDER: Due to the COVID-19 pandemic Village Hall may be closed to the public when the
submittals are due. Proposers who wish to drop off submittal packages in person shall call (561)
768-0421 prior to arriving at Village Hall to schedule a time to drop off the packages.
ATTACHMENTS
ATTACHMENT 1 RESPONSES TO BIDDER QUESTIONS
END OF ADDENDUM
Page 178 of 451
Agenda Item #9.
TTACHMENT
RESPONSES TO BIDDER QUESTIONS
Page 179 of 451
Agenda Item #9.
RESPONSES TO BIDDER QUESTIONS
Question 1: Page 13 of the RFQ Section II- 2.2 says that the submittal must be on 8.5" x
11"paper. Due to the size of our team we were going to print the
organization chart on 11x17 and fold that single sheet to fit in the submittal.
Please confirm this is acceptable.
Response 1: Yes, 11x17 is acceptable as an ADA compliant .pdf file is required as apart of
the submittal. See Addendum No. 4.
Question 2: Considering the complexity of the org chart due to the large amount of services
listed in Section 1.3, scope of services, would the Village accept the use of
11x17 paper for the org chart?
Response 2: See Response 1.
Question 3: Will the Village be making any exceptions to section 2.3 and accept electronic
signatures on the submittals?
Response 3: Yes, electronic signatures are acceptable. See Addendum No. 4.
Question 4: Are you looking for 3 references per category or only 3 references in total?
Response 4: A minimum of three references are required in total.
Question 5: Are you seeking construction services for any of the disciplines or only seeking
design, permitting &construction administrative services?
Response 5: RFQ UTIL 06-20 is for professional engineering, architecture, planning, and
surveying services. Services during construction from these disciplines are
included within the scope of this RFQ.
Question 6: Are you solely seeking design &permitting services for disciplines in your list
such as well construction &abandonment and well head protection or are you
also seeking construction services for these disciplines and all other disciplines
that have the word construction in them?
Response 6: See Response 5.
Page 180 of 451
Agenda Item #9.
Attachment B
Scoring Sheet
Page 181 of 451
Agenda Item #9.
V*111age of Tequesta
345 Tegu+esta Drive
Tequestax FL 33469 -
M
7
9
Y
To:
Jeremy Allen —Village Manager
From:
Matthew Hammond — Utilities Director
CC:
Lori McWilliams —Village Clerk
Keith Davis — Village Attorney
Dough Chambers — Public Works Director
Tatiana Racanati —Assistant Finance Director
Nate Litteral — Water Plant Superintendent
David Tinoco — Distribution Superintendent
Date:
July 8, 2020
Re:
General Consulting Services — Continuing Contacts
Recommendation of Award
561-7 68-0700
www.tequesto.org
On April 21, 2020, the Village posted a Request for Qualifications (RFQ) for General Consulting
Services— Continuing Contracts (RFQ#UTIL06-20) on DemandStar and the Village website as well
as an advertisement in the Palm Beach Post. In response, we received Qualification Packages
from twenty-six firms ahead of the submission deadline of May 26, 2020 at 5:00 PM.
An Evaluation Committee was formed by the Village Manager to review the Qualification
Packages and recommend an award to the Village Council. The five committee members met on
Thursday June 18, 2020 via a publically advertised Zoom meeting to publicly review and score the
Qualification Packages from the twenty-six firms. Each firm was evaluated based on
Qualifications; Experience & Expertise; Project Delivery & Approach; Resources, Availability &
Commitment and Reference.
Based on the collective scoring of the Qualification Packages, the Evaluation Committee
unanimously determined that the top nine ranked firms move forward to the Presentation &
Interview stage for final selection and recommendation of award to the Village Council.
Interviews with the nine firms were scheduled by the Village Clerk and took place on July 7, 2020
via a publically advertised Zoom meeting. During the interview, each firm was allowed 10 minutes
to present their relevant qualifications followed by a 10-minute question and answer period.
Following the presentations and interviews the results from each firm were publically reviewed
by the Evaluation Committee and scored based on the Qualifications of the Team, Experience &
Expertise and Project Delivery & Approach. The Village Clerk then tallied the individual scores
and provided the final scoring and rankings to the Evaluation Committee. Based on the total
scores and ranking from the Qualification Packages and Presentation & Interviews the Evaluation
Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Laurie Brandon
Council Member Frank D'Ambra Council Member Bruce Prince
Village Manager Jeremy Allen
Page 182 of 451
Agenda Item #9.
Committee unanimously recommended that the top five firms — Mock Roos, Kimley-Horn, Chen
Moore & Associates, Holtz Consulting Engineering and Jones Edmunds & Associates — be awarded
continuing contracts by the Village Council.
The cumulative score and ranking of each firm, based on the criteria outlined in the RFQ, are as
follows:
Firm Name
Scorin
Rank
Qualification
Interview
TOTAL
Package
Mock Roos
471.5
693
1164.5
1
Kimley-Horn
465.5
697
1162.5
2
Chen Moore & Associates
453
691
1144
3
Holtz Consulting Engineering
458.5
674
1132.5
4
Jones Edmunds & Associates
444.5
683
1127.5
5
Calvin, Giordano & Associates
427
633
1060
6
Keith & Associates
403
624
1027
7
Dover Engineering
402.5
580
982.5
8
Simmons & White (1)
413
0
413
9
DRMP
398
-
398
10
Bowman Consulting
395.5
-
395.5
11
Ca rd no
391.5
-
391.5
12
Captec Engineering
388.5
-
388.5
13
Engenuity Group
388
-
388
14
Engineering Design & Construction
379.5
-
379.5
15
Michael B. Schorah & Associates
373
-
373
16
Caulfield & Wheeler
353
-
353
17
Water Resources Management Associates
350
-
350
18
Connect Engineering
330
-
330
19
Florida Technical Consultants
327
-
327
20
McMahon Associates
326
-
326
21
Pistornio & Alam
314.5
-
314.5
22
Bohler Engineering
305.5
-
305.5
23
Master Consulting Engineers
291
-
291
24
Florida International Consulting Engineers Design
279.5
-
279.5
25
BetaJones Group
276.5
-
276.5
26
(1) Note: Simmons & White opted to remove themselves from consideration prior to the Presentation & Interview stage.
The recommendation by the Evaluation Committee will be presented at the August 13, 2020
Regular Council meeting for Village Council approval. Should the recommendation be approved
by Village Council, staff will then engage with the awarded firms to negotiate standard rates and
fees for inclusion in the Standard Agreement.
Page 183 of 451
Agenda Item #9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT, between the Village of Tequesta, a municipal corporation with offices
located at 345 Tequesta Drive, 33469 (hereinafter referred to as the "Village") and
a Florida corporation with offices located at
(hereinafter referred to as "Engineer") is entered into this day of , 2020, effective immediately.
WHEREAS, the Village requires certain engineering services, including but not limited to
engineering services for its water utility/system and general civil projects, hereinafter referred to in general
terms as "Work"; and
WHEREAS, the Village has selected Engineer under the provisions of Sec. 287.055, Florida
Statutes, also known as the "Consultant's Competitive Negotiation Act" ("CCNA") and desires to enter
into a "continuing contract" with Engineer within the meaning the CCNA for provision of Work related
services pursuant to this Agreement; and
WHEREAS, the Engineer has represented to the Village that it is capable and prepared to provide
such Work services under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto agree
as follows:
ARTICLE 1. TERM; AGREEMENT NOT EXCLUSIVE
This Agreement shall remain in effect for a term of three (3) years from the date of this Agreement
with two (2) one (1) year options to renew, unless otherwise terminated as provided herein at Article 13.
Each option to renew shall be exercised automatically unless either party gives notice to the other at least
thirty (30) days prior to the end of the term of its intent not to renew. Additionally, the parties may extend
the Agreement upon mutually acceptable terms and conditions. Any such extension shall be in writing and
must be executed by both parties. The extension may provide for the completion of all tasks previously
authorized by the Village in accordance with Article 2 unless terminated in accordance with Article 13
hereinbelow, or allowed to lapse by failure to extend same at the end of the term. Any and all CSA Work
authorizations issued during the term of this Agreement (including any extensions) shall remain in full force
and effect beyond the term of this Agreement (including any extensions) as set forth herein, unless
otherwise terminated in accordance with Article 13 hereinbelow.
Nothing in this Agreement shall prevent the Village from employing other consultants to perform
the same or similar services. The Village also retains the option, at its sole discretion, to perform any and
all professional engineering services by utilizing Village employees or other engineers.
Page 1 of 10
Page 184 of 451
Agenda Item #9.
ARTICLE 2. SERVICES TO BE PERFORMED BY ENGINEER; INSTRUMENT OWNERSHIP
2.1 Services
Engineer shall perform certain professional general civil/engineering services and such other
related services as may be required by the Village from time to time which are specifically authorized by
the Village and set forth in a specific Scope of Services (herein referred to as the "Work"). Each such
specific authorization will be referred to as a Consultant Services Authorization ("CSA"). Each CSA shall
be designated as a consecutively numbered exhibit to this Agreement and shall be attached hereto and
incorporated by reference as part of this Agreement. Each CSA form will set forth a specific scope of
services, total amount of compensation and completion date. An individual CSA for projects costing up to
twenty five thousand dollars ($25,000.00) must be approved by the Village Manager prior to
commencement of any work by Engineer, as more particularly set forth below (2.3 — Process). For all
projects valued in excess of twenty five thousand dollars ($25,000.00), the individual CSA must be
approved by the Village Council prior to commencement of any work by Engineer. Typical projects that
may be authorized include, but are not necessarily limited to the following:
1. Raw water pipe cleaning
2. Chemical feed system upgrade
3. Stormwater design
4. SCADA system upgrade
S. Filter Plant Upgrade
6. New MCC Room
7. Membrane Replacement
8. Aluminum Covers for Chlorine Tanks
9. All types of permitting
10. Roadway design
2.2 Ownership
All instruments of professional services including, but not limited to, documents, records, disks,
original drawings and/or other information created and/or procured by Engineer for any authorized Project
shall become the property of the Village upon completion of the work for which the asset was utilized and
upon payment by the Village in accordance with the applicable CSA and Article 16.
2.3 Process
The Village and Engineer will confer prior to the issuance of any CSA to discuss the scope of the
Work, the time needed to complete the Work, including phasing, if any, and the fees for services to be
rendered in connection with the Work. Thereafter, Engineer will submit a proposed CSA to Village which
shall state with specificity and detail the scope of Work, the time for completion, including phasing, if any,
and the fees. CSAs may divide the Work into individual tasks or phases, as discussed between the Village
Page 2 of 10
Page 185 of 451
Agenda Item #9.
and Engineer prior to the issuance of the CSA. At the discretion of Village Manager, CSAs for certain
general utility and civil services of minimal scope (those that do not exceed $15,000.00 total cost per CSA)
may be issued verbally for purposes of expediency, but shall be followed up by Engineer with a written
CSA as soon as practical. Additionally, at the discretion of Village, a written CSA for general Work
services to be performed over a specified period of time (months, or years) may be issued. In such event,
Engineer shall invoice Village from time to time, pursuant to Article 3 hereinbelow, against the agreed fees
based on authorization from the Village Manager.
Engineer shall commence no Work prior to receipt of Village authorization. Engineer shall not
exceed the fee amount in any CSA without prior Village authorization.
Village agrees to cooperate with Engineer at all times with the provision of plans or other data in
the possession of Village and available in Village files for any Work authorized hereunder.
ARTICLE 3. COMPENSATION
3.1 General
The Village shall pay Engineer in accordance with each individual CSA; however such CSA shall
be based upon the Fee Schedule attached hereto as Exhibit "A" and incorporated by reference as part of
this Agreement. Such Fee Schedule may be adjusted by mutual consent of both parties. Compensation
based upon such Fee Schedule will be negotiated as a lump sum price or as an hourly rate for each individual
CSA as set forth in Article 2 hereinabove. Payments shall be made by Village to Engineer on a monthly
basis, pursuant to Engineer's invoice for Work completed.
3.2 Reimbursable Expenses
All requests for payment of "out-of-pocket" expenses which may be eligible for reimbursement
shall be included on the individual CSA applicable to the project. Copies of paid receipts, invoices or other
documentation acceptable to the Village Manager may be requested by the Village for documentation
sufficient to establish that the expense was actually incurred. No payment will be made for items not listed
on the CSA unless approved by the Village Manager prior to the expenditure by Engineer.
ARTICLE 4. INSURANCE
During the performance of the services under this Agreement, Engineer shall maintain the
following insurance policies written by an insurance company authorized to do business in Florida:
1. Professional liability insurance with bodily injury limits of not less than $2,000,000 for
each claim, and with property damage limits of not less than $2,000,000 for each claim.
2. General and Automobile liability insurance with bodily injury limits of not less than
$500,000 for each person and not less than $500,000 for each accident and with property
Page 3 of 10
Page 186 of 451
Agenda Item #9.
damage limits of not less than $500,000 for each accident, and any greater limits as may
otherwise be required by law.
3. Workers' Compensation insurance in accordance with statutory requirements.
Engineer shall furnish the Village certificates of insurance which shall include a provision that
policy cancellation, non -renewal or reduction of coverage will not be effective until at least thirty (30) days
written notice has been made to the Village. Engineer shall include the Village as an additional insured on
the general and automobile liability insurance policies required by the Agreement. All of Engineer's
subcontractors shall be required to include the Village and Engineer as additional insureds on their general
and automobile liability insurance policies. Engineer shall not commence work under this Agreement or
any CSA issued hereunder until all insurance required as stated herein has been obtained and certificates
evidencing same are on file with the Village.
ARTICLE 5. STANDARD OF CARE
Engineer shall exercise the same degree of care, skill and diligence in the performance of the
services as is ordinarily provided by a comparable professional under similar circumstances and shall be
obligated to correct services which fall below such standards at no additional cost to the Village. Engineer
agrees that all services shall be performed by skilled and competent personnel.
ARTICLE 6. INDEMNIFICATION
Engineer agrees to protect, indemnify, provide costs of defense and hold harmless the Village, its
employees and representatives, from and against any and all claims and liabilities, including all attorneys'
fees and court costs, including appeals, for which the Village, its employees and representatives, can or
may be held liable as a result of injury (including death) to persons or damage to property to the extent
occurring by reason of any negligent or intentional acts or omissions of Engineer, its employees or agents,
including subcontractors, in the performance of services under this Agreement. Engineer shall not be
required to indemnify the Village or its agents, employees or representatives when an occurrence results
from the wrongful acts or omissions of the Village or its agents, employees or representatives. The terms
and conditions of this Article shall survive the completion of all services, obligations and duties provided
for in this Agreement as well as the termination of this Agreement for any reason.
ARTICLE 7. INDEPENDENT CONTRACTOR
Engineer undertakes performance of the services as an independent contractor and shall be wholly
responsible for the methods of performance utilized. Engineer shall not pledge the Village's credit or make
it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien or any form of
indebtedness. Engineer further warrants and represents that it has no obligation or indebtedness that would
Page 4 of 10
Page 187 of 451
Agenda Item #9.
impair its ability to fulfill the terms of this Agreement.
ARTICLE 8. AUTHORITY TO PRACTICE
Engineer hereby represents and agrees that it has and will continue to maintain all licenses and
approvals required to conduct its business, and that it will at all times conduct its business activities in a
reputable manner.
ARTICLE 9. COMPLIANCE WITH LAWS
In performance of the services, Engineer will comply with applicable regulatory requirements,
including federal, state, special district and local laws, rules, regulations, orders, codes, criteria and
standards.
ARTICLE 10. SUBCONTRACTING
The Village reserves the right, in its sole discretion, to accept or reject the use of a subcontractor
and to inspect all facilities of any subcontractor to insure that the selected subcontractors will be able to
perform properly under this Agreement. If a subcontractor fails to perform or make progress as required
by any CSA and it becomes necessary to replace the subcontractor in order to complete the work in a timely
fashion, Engineer shall promptly provide a replacement, subject to acceptance of the new subcontractor by
the Village.
ARTICLE 11. FEDERAL AND STATE TAXES
The Village is exempt from federal tax and state sales and use taxes. Upon request, the Village
will provide an exemption certificate to Engineer. Engineer is not exempt from paying sales tax to its
suppliers for materials to fulfill contractual obligations with the Village, nor shall Engineer be authorized
to use the Village's Tax Exemption Number in securing such materials.
ARTICLE 12. AVAILABILITY OF FUNDS
The obligations of the Village under this Agreement and any CSA are subject to the availability of
funds lawfully appropriated for its purpose by the Village Council of the Village of Tequesta. Engineer
may rely on the execution of an individual CSA as evidence that funds have been appropriated.
ARTICLE 13. TERMINATION OF AGREEMENT
This Agreement, or any CSA issued hereunder, may be terminated by either party with or without
cause upon thirty (30) days prior written notice to the other. Unless Engineer is in breach of this Agreement,
Engineer shall be paid for services rendered to the Village's reasonable satisfaction through the date of
termination. Notice as required hereunder shall be sufficient when provided in accordance with Article 14
hereinbelow.
Page 5of10
Page 188 of 451
Agenda Item #9.
ARTICLE 14. NOTICE
Any notice, demand, communication or request required or permitted hereunder shall be in writing
and delivered in person, by facsimile or sent by certified mail as follows:
AS TO VILLAGE
WITH COPY TO
AS TO ENGINEER
Jeremy Allen
Keith W. Davis, Esq.
Village Manager
Village Attorney
Village of Tequesta
Davis & Ashton, P.A.
345 Tequesta Drive
701 Northpoint Parkway, Suite 205
Tequesta, FL 33469
West Palm Beach, FL 33407
Notices shall be effective when received at the addresses as specified above. Facsimile
transmission is acceptable notice effective when received, however, facsimile transmissions received (i.e.,
printed) after 5:00 p.m. on weekends or holidays will be deemed received on the next business day. The
original of the notice must additionally be sent by certified mail. Changes in the respective addresses to
which such notice is to be directed may be made from time to time by either party by written notice sent by
regular mail or facsimile to the other party.
ARTICLE 15. UNCONTROLLABLE FORCES
Neither Village nor Engineer shall be deemed in default of this Agreement if delays or failure of
performance is due to uncontrollable forces, the effect of which, by the exercise of reasonable diligence,
the nonperforming party could not avoid. The term "uncontrollable force(s)" shall mean any event which
results in the prevention or delay of performance by a party of its obligations under this Agreement which
is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage and governmental actions.
The nonperforming party shall, within a reasonable time of being prevented or delayed from performance
by an uncontrollable force, give written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of this Agreement. Notice as
required hereunder shall be sufficient when provided in accordance with Article 14 hereinabove.
Neither party shall, however, be excused from performance if nonperformance is due to forces
which are preventable, removable, or remediable and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch.
Page 6 of 10
Page 189 of 451
Agenda Item #9.
ARTICLE 16. OWNERSHIP OF DOCUMENTS
Engineer shall be required to cooperate with other consultants relative to providing information
requested in a timely manner and in the specified form. All instruments of professional services, including,
but not limited to, documents, records, disks, original drawings or other information created or procured by
Engineer for any project which is the subject of this Agreement and an individual CSA shall, upon
completion of the work and payment of all monies due Engineer, become the property of the Village for its
use and/or distribution as may be deemed appropriate by the Village. However, both parties specifically
acknowledge and agree that any re -use of such documents by the Village, for other than the specific purpose
intended, without written verification and adaption by Engineer for such specific purpose will be at the sole
risk of the Village and without liability or legal exposure to Engineer.
ARTICLE 17. ACCESS AND AUDITS
Engineer shall maintain adequate records to justify all charges and costs incurred in performing
work authorized under this Agreement and individual CSAs for at least three (3) years after completion of
the applicable project. The Village shall have access to such books, records and documents as required in
this section for the purpose of inspection or audit during normal working business hours at Engineer's place
of business.
ARTICLE 18. NON-DISCRIMINATION
Engineer represents that all of its employees are treated in a fair and equitable manner without
regard to race, color, religion, gender, age or national origin.
ARTICLE 19. ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this
Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys'
fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without
limitation, all such fees, costs and expenses incidental to appeals), incurred in that action or proceeding, in
addition to any other relief to which such party or parties may be entitled.
ARTICLE 20. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Agreement will be held in the state or federal courts in and for Palm Beach County
and the Agreement will be interpreted according to the laws of Florida.
Page 7 of 10
Page 190 of 451
Agenda Item #9.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Village and Engineer each binds itself and its partners, successors, assigns and legal
representatives to the other party in this Agreement and to the partners, successors, executors,
administrators, assigns and legal representatives. Engineer shall not assign this Agreement without the
express written approval of the Village.
ARTICLE 22. SEVERABILITY
The invalidity, illegality or unenforceability of any provision of this Agreement, or the occurrence
of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity
or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed
severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void.
ARTICLE 23. OFFICE OF THE INSPECTOR GENERAL
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has
jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions,
and make reports and recommendations to municipal governing bodies based on such audits, reviews or
investigations. All parties doing business with the Village shall fully cooperate with the inspector general
in the exercise of the inspector general's functions, authority and power. The inspector general has the
power to take sworn statements, require the production of records and to audit, monitor, investigate and
inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect,
deter, prevent and eradicate fraud, waste, mismanagement, misconduct and abuses.
ARTICLE 24. PUBLIC RECORDS
In accordance with Sec. 119.0701, Florida Statutes, Engineer must keep and maintain this
Agreement and any other records associated therewith and that are associated with the performance of the
work described herein and in Engineer's proposal. Upon request from Village's custodian of public
records, Engineer must provide Village with copies of requested records, or allow such records to be
inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter
119, Florida Statutes. Should Engineer fail to provide the public records to Village, or fail to make them
available for inspection or copying, within a reasonable time, Engineer may be subject to attorney's fees
and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, Engineer shall ensure that any exempt or confidential records associated with this
Agreement or associated with the performance of the work described herein and in Engineer's proposal are
not disclosed except as authorized by law for the duration of the Agreement term, and following completion
Page 8of10
Page 191 of 451
Agenda Item #9.
of the Agreement if Engineer does not transfer the records to the Village. Finally, upon completion of the
Agreement, Engineer shall transfer, at no cost to the Village, all public records in possession of Engineer,
or keep and maintain public records required by the Village. If Engineer transfers all public records to the
Village upon completion of the Agreement, Engineer shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. Engineer shall be entitled
to retain a copies of documents it creates for record purposes, pursuant to the requirements of this Article
and Chapter 119, Florida Statutes. If Engineer keeps and maintains public records upon completion of the
Agreement, Engineer shall meet all applicable requirements for retaining public records. Records that are
stored electronically must be provided to Village, upon request from Village's custodian of public records,
in a format that is compatible with Village's information technology systems.
IF ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO ENGINEER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN
FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliams(&,teauesta.org,
OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
ARTICLE 25. ENTIRETY OF AGREEMENT
The Village and Engineer agree that this Agreement, including Exhibit "A" Fee Schedule; Exhibit
"B" Engineer's Proposal submitted in response to Village's RFQ, which is hereby incorporated into this
Agreement; and all required insurance, licenses and approvals required by this Agreement sets forth the
entire agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to,
modified, superseded or otherwise altered except by written instrument executed by the parties hereto.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 9 of 10
Page 192 of 451
Agenda Item #9.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
ATTEST:
Village of Tequesta
Abigail Brennan, Mayor
Lori McWilliams, MMC, Village Clerk (SEAL)
Approved as to form and legal
sufficiency
Keith W. Davis, Esq., Village Attorney
WITNESSES:
(Corporate Seal)
Page 10 of 10
Page 193 of 451
Agenda Item #9.
Qualifications Packages from each of
the firms are available upon request
from the Utilities Department
Page 194 of 451
Agenda Item #9.
Presentat40
ions from the shortlisted firms
are available upon request from the
Utilities Department
Page 195 of 451