Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 05_05/12/2016 ,�.� .,�_. . �,.. � � `; , Memorandum Utilities I)epartment To: Michael Couzzo, Village Manager From: Sam Heady, Deputy Director of Utilities Date: 4 j 8.' 16 Subject: Continuing Engineering Services Contracts I respectful(y present the foilowing Comprehensive Analysis to the Village Manager. The Viilage requires certain engineering services, including but not limited to engineering services far its water, stormwater, and general civil projects. The VilCage has selected twa ' Engineering firms (Mock Raas and Kimely Hornj under the provisions of Sec. 287.455, Florida Statutes, also known as the "Consultant's Competitive Negotiation Act" {"CCNA"j and desires to enter inta a continuing contract with both firms. This Agreement shall remain in effect for a term of three (3) years from the date af thi� Contract with three (3) one (1) year options to renew, unless otherwise terminated. Cost is dependent an work assigned: PROFESSIONAL ENG[NEERING SERVICES AGREEMENT THIS AGREEMENT, behveen the Village of Tequesta, a municipai corporatian with offices (ocated at 345 Tequesta Drive, 334b9 (hereinafter referred ta as the "Village"} and Moek Roos & Associates, Inc., a Florida corporation with offices located at 5720 Corporate Way, West Palm Beach, Florida 33407 (hereinafter referred to as "Engineer"} is entered into this day of May, 2016, effective immediateiy. WHEREAS, the Village requires certain engineering services, including but not limited to engineering serviees for its water utility/system and general civil projects, hereinafter referred ta in generad terms as "Work"; and �HEREAS, the Village has selected Engineer under the pravisions of Sec. 287.Q55, FCoa•ida Statcrtes, also known as the "Consultant's Competitive Negotiation Act" ("CCNA") and desires to ent�r inta a"continuing contraet" 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. Nt3W, THEREFORE, in consideration of the pramises contained herein, the parties hereta agree as foliows: ARTiCLE 1- TERM; AGREEMENT NOT EXCLUSIVE This Agreement shall remain in effect for a term of three (3) years from the date of this Agre�ment with three (3) one (1) year optians to renew, unless otherwise terminated as provided herein at Article 13. Each option ta renew shall be exercised automatically unless either party gives notice to the ot�er at least sixty (bQ) days prior to the end of the term of its intent nat to renew. Additionally, the parties may extend the Agreement upon mutually acceptable terms and conditions. Any such extension shail be in writing and must be executed by both parties. The extension may provide for the completion of all tasks previousiy autharized by the Village in accordance with Article 2 unless terminated in accordance with Article 13 hereinbelow, or allowed to [apse by faiture to extend same at the end of the term. Any and ali CSA Work autharizations issued during the term of this Agreement (including any extensions} shali remain in full force and effect beyond the terrn of this Agreement (including any - extensians) as set forth herein, unless otherwise terminated in accordance with Article 13 hereinbelow. Nothing in this Agreement shall prevent the Village from emplaying other consultants ta perforrn the same or similar services. The Village also retains the option, at its sole discretion, to perform any and aIl professional engineering services by utilizing Village employees or other engineers. Page l of 10 ARTICLE 2- SERVICES TO BE PERFORMED BY ENGINEER; INSTRUMENT OWNERSHIP 2.1- Services Engineer shall perform certain professionat general civillengineering 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 suc€� 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 af this Agreement. Each CSA form will set farth a specific scope of services, tatal amount of compensation and completion date. An individual CSA for projects costing up to twenty five thousand dollars ($25,006.00) must be approved by the Village Manager prior to commencement af any work by Engineer, as mare 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 cammencement of any work by Engineer. Typical projects that rnay be authorized include, but are not necessarity limited to the following: I. Raw water pipe cleaning 2. Chemical feed system upgrade 3. Starmwater design 4. SCADA system upgrade 5. Filter Plant Upgrade fi. New MCC Room �. 1Vlembrane Replacement $. Alumiaium Cavers fQr Chlorine Tanks 9. A1I types of permittin� _ 1 �. Roadway design 2Z - Ownership All instruments of professional services including, but not limited to, documents, records, disks, original drawings ancUor other information created and/or procured by Engineer for any authorized Project shall became the property of the Village upan 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 priar to the issuance of any CSA to discuss the scope of the W�rk, 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 witl submit a praposed CSA to Vi(lage which shalt state with specificity and detail the scope of Work, the time for completion, including Page 2 of 1 D phasing, if any, and the fees. CSAs may divide the Work into individuat tasks or phases, as discussed betwe�n the Village and Engineer prior to the issuance of the CSA. At the discretion of Viflage Manager, CSAs for certain general utility and civil services of minimal scope (thase that do not exceed $1 S,OOU.00 total cost per CSA} may be issued verbally for purposes of expediency, but shall be follotived up by Engineer with a written CSA as soon as practical. Additiona(ly, at the discretian of Village, a written CSA far general Work services to be performed over a sgecified period of time (months, or years} may be issued. In such event, Engineer shall invaice Village from time to time, pursuant to Article 3 hereinbeiow, against the agreed fees based �n authorizat3an from the Village Manager. Engineer shall eommence no Work prior to receipt of Vitlage authorization. Engineer shafl not exceed the fee amaunt in any CSA without prior Village authorizatian. 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 �illage files for any Work authorized hereunder. ARTICLE 3 - COMPENSATI{JN 3.1- General The Village shall pay Engineer in accordance with each individual CSA; however such CSA shall 6e 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 su�h Fee Schedule will be negotiated as a lump sum price or as an hourly rate for each individuaf CSA as set forth in Article 2 hereinabove. Payments shalE be made by Village to Engineer on a monthly basis, pursuant ta Engineer's invoice for Work campleted. 3.2 — Reimbursable Expenses Ail requests for payment of '"out-af-packet" expenses which may be e[igible for reimbursement shall be included on the individual CSA appticable to the praject. Copies of paid receipts, invoices or other documentation acceptable ta the ViIlage Manager may be requested by the Village for documentation sufficient to establish that the expense was actuaily incurred. No payment wi11 be made for iterr►s not listed on the CSA unless approved by the Village Manager prior to the expenditure by Engineer. ARTICLE 4 - INSIJRANCE - During the performance af the services under this Agreement, Engineer shall maintain the foltowing insurance policies written by an insurance company authorized to do business in Florida� l. Professianal 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,OOO,Q00 for each claim. Page 3 of 10 2. Generai and Automobiie liability insurance with bodily injury limits af not less than $SOQ,OOfl far each person and not less than $SU0,000 for each accident and with property damage limits of not less than $500,000 far each accident, and any greater limits as may otherwise be required by law. 3. Workers' Compensation insurance in accardance with statutory requirements. Engineer shall furnish the Village certificates of insurance which shall include a pravision that palicy canceiiation, non-renewal or reduction of caverage will not be effective until at least thirty (30) days written notice has been made to the Village. Engineer shail include the Village as an additional insured on the general and automobile liability insurance policies required by the Agreement. AU of Engineer's subcontractors shall be required to include the Village and Engineer as additional insureds an their genera� and automobile [iability insurance policies. Engineer shall not commence wark under this _ Agreement or any CSA issued hereunder until all insurance required as stated herein has been abtained and certi�cates evidencing same are on file with the Village. ARTICLE 5- STANIDARD OF CARE Engineer shall exercise the same degree of care, sklll and diligence in the performance of the services as is ordinarily pravided by a comparable professional under similar circumstances and shall be obligated to correct services which fa11 below such standards at no additional cost to the Village. Engineer agrees that all services shail be performed by skilled and compatent personnel, ARTiCLE 6 - INDEMNIFICATION Engineer agrees to protect, indemnify, provide costs of defense and hold harmless the Village, i#s empioyees and representatives, from and against any and all claims and liabilities, including all attarneys' _ 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 af Engineer, its emplayees or agents, including subcontractors, in the performance of services under this Agreement. Engineer shall nat be required to indemnify the Village or its agents, employees or regresentatives when an occurrence results fram the wrongful acts or amissions of the Village or its agents, empIayees or representatives. The terms and conditions af this Artiele shall survive the completian of all services, obligatians and duties provided for in this Agreement as �veU as the termination of this Agreement for any reason. ARTICLE 7 - INDEPENDENT CONTRACTOR _ Engineer undertakes performance of the services as an independent contraetor and shall be wh�lly responsibte for the methods af perfortnance utilized. Engineer shall nat pledge the Village's Page 4 of 10 credit or make it a guarantar of payment of surety for any contract, debt, abligation, judgment, lien or any form of indebtedness. Engineer further warrants and represents that it has no obligation or indebtedness that would 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 wiit at all times conduct its business activities in a reputable manner. ARTICLE 9- C�MPLIANCE WITH LAWS In performance of the services, Engineer wil] comply with applicable regulatory requirements, including f�derat, state, special district and local laws, rules, regulatians, orders, codes, criteria and standards. ARTICLE 10 - SUBCONTRACTING The �illage reserves the right, in its sole discretion, to accept or reject the use of a subcantractor and to inspect all facilities of any subcontractor to insure that the selected subcontractors will be able to perform pcoperly under this Agreernent. If a subcontractor fails to perform or make progress as required by any CSA and it becomes necessary to rep(ace the subcantractor in order ta complete the wark in a timely fashion, Engineer shall promptly provide a replacement, subject to acceptance c�f the new subcontractor by the Vitlage. AR'I'ICLE 11- FEDERAL AND STATE TAXES The Village is exempt from federal tax and state sales and use taxes. Up�n 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 authcarzzed to use the Village's Tax Exemption Nurnber in securing such materials. ARTICLE 12 - AVAILABILITY 4F FLTNDS The obligatians of the Vil(age under this Agreement and any CSA are subject to the availability of funds Iawfully appropriated for its purpose by the ViEiage 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 natice 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 a�cordance Page5of10 with Articte I4 hereinbelow. ARTICLE 14 - �1�TICE 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 foliows: AS T� VILLAGE WITH COPY TO AS TO ENGINEER MichaeI Couzzo Keith W. Davis, Esq. Garry G. Gruber, P.E. Village Manager Village Attarney Vice President Viliage of Tequesta Corbett, White, Davis and Ashton, P.A. Mock Roos & Assaciates, Inc. 345 Tequesta Drive 1141 Hypoluxo Raad, Suite 207 5720 Carparate Way Tequesta, FL 33464 Lar►tana, FL 33462 West Paim Beach, Florida 33407 Notices shall be effective when received at the addresses as specified above. Facsimi(e transmission is acceptable nat►ce effective when received, however, facsimite transmissions receiued (i.e., printed) after 5:04 p.m. an weekends ar holidays ivill be deemed received on the next business day. The ariginal of the notiee must additionally be sent by certified mail. Changes in the respective addresses to which such natice is to be directed may be rrtade fram time to time by either party by written notice sent by regular mail or facsimile to the ather party. ARTICLE 15 - UNC4NTROLLABLE 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 af which, by the exercise of reasanable diligence, the nonperfarming party could not avoid, The term °uncontrollabie force(s)" shall mean any event which results in the prevention or delay of performance by a party of its abligations under this Agreement which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, - flaod, earthquakes, storms, lightning, epidemic, �var, riat, civil disturbance, sabotage and governmentaI actions. The nonperforming party shall, within a reasona6le time of being prevented or deiayed from perfarmance by an uncontrallable force, give written notice to the ather party describing the circumstances and uncontrollabie forces preventing continued performance of the obligations of this Agreement, Natice as required hereunder shall be sufficient wE�en provided in accordance with Article 14 hereinabove. I�teither party shall, however, be excused from performance if nonperformance is due to forces which are greventab3e, remavable, ar remediable and which the nonperfarming party could have, with the exercis� of reasonable diligence, prevented, removed ar remedied with reasonable dispatch. Page 6 of 10 ARTICLE lb - OWNERSHIP OF DOCUMENTS Engineer shall be required to caoperate with other consultants relative to providing information requested in a timely manner and in the specified form. Al] instruments of professional services, including, but not limited to, documents, recards, disks, original drawings or other information created or procured by Engineer for any project which is the subject of this Agreernent and an individual CSA shall, upon completion of the work and payment af all monies due Engineer, become the property of the 4Tillage for its use and/or distributian as may be deemed appropriate by the Viltage. However, both parties speci�cally acknowledge and agree that any r�-use af such documents by the Willage, for ather than the specific pur�aose intended, without written verification and adaption by Engineer for such specifie purpose will be at the sole risk of the Village and without liability or iegal expasure ta fingineer. ARTICLE 17 - ACCESS AND ALii)ITS Engineer shalt rnaintain adequate records to justify all charges and costs incurred in perfarming wark authorized under this Agreement and individual CSAs for at least three (3} years after completion of the appticable projeet. The Vitlage shall have access to such baoks, 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. AR'I'ICLE l8 - NON-DISCRIMINA�TION Engineer represents that ali of its employees are treated in a fair and equitable manner without regard to race, co(or, religion, gender, age ar national origin. ARTICLE 19 - ENFORCEMENT COS`TS If any legal action or other proceeding is braught for the enforcement of this Agreement, or because Qf an alleged dispute, breach, default or misrepresentation in cannection with any pravisions of this t�greement, the successful ar prevailing party or parties shall be entitled to recover reasonable attarneys' fees, caurt costs and all expenses (including taxes) even if not taxable as court costs (including, �uithout limitation, all such fees, costs and expenses incidental to appeals), incurred in that action or proceeding, in add'ation to any other relief to which such party or parties may be entitled. ARTICLE 24 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Flarida. Any and all legal actian necessary to enforce the Agreement wil! 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. ARTICI..E 21 - SUCCESS4RS AND ASSIGNS The �illage and Engineer each binds itself and its partners, successors, assigns and legal Page 7 of 10 representatives to the ather party in this Agreement and to the �artners, successors, executors, adrninistrators, assigns and legal representatives. Engineer shall not assign this Agreement without the express written appraval of the Village. ARTICLE 22 - SEVERABILITY The invalidity, illegality or unenforcea6ility of any provision of this Agreement, or the occurrence af any event rendering any portion or pravisian of this Agreement void, shall in no way affect the validity or enforceability of any ather portion or provision of the Agreement. Any void provision shafl be deemed severed frorn the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particutar partion or provision held to be void. ARTICLE 23 - OFFICE OF THE INSPECTOR GENERAI, 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 pawer. The inspector general has the power to take sworn statements, require the production of recards and to audit, manitor, 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, misrnanagernent, misconduct and abuses. ARTICLE 24 - PUBLIC RECORDS In accordance with Sec. 119A701, Flor•ida Statirtes, Engineer must keep and maintain this Agreement �nd any ather records assaciated therewith and that are associated with the performance of ti�e wark described herein and in Engineer's proposai. Upon request from Village's custadian of pubiic recards, 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 af Chapter 119, Florida Statutes. Should Engineer fail to provide the public records to Village, or fail to make them available for inspection or capying, within a reasonable time, Engineer may be subject ta attorney's fees and costs pursuant to Sec. 119.0701, Flarida Statutes, and other penalties under Sec. 119.10, Floe�ida Statirtes. Further, Engineer shall ensure that any exempt or confidential records associated with this Agreement ar associated with the performance of the work described herein and in Engineer's proposal a�e not disclased except as autharized by law for the duration af the Agreement term, and following completion of the Agreement if Engineer does not transfer the recards ta the Village. Finally, upon Page 8 of l Q 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 atl public records to the Village upon completion of the Agreement, Engineer shali destray 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 Statcrtes. If Engineer keegs and maintains public records upon completion of the Agreement, Engineer sha[I meet a!1 applicable requirements for retaining pubIic 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 �HAPTER 119, �Lt�RIDA STATLJTES, TO EN�INEER'S DUTY T4 PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT {5bl} 768-0685, OR AT lmcwilliams�a tequesta.or�, 4R AT 34� TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. ARTICLE 25 - ENTIRETY OF AGREEMENT The Village and Engineer agree that this Agreement, including Exhibit "A" Fee Schedule; Exhibit "$" Engineer's Proposal submitted in response to Village's RFQ, which is hereby incorporated inta 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 [N WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. Village of Tequesta ATTEST: Abigail Brennan, Mayor ` Lori McWilliams, MMC, Village Clerk (SEAL) Approved as ta form and legal sufficiency Keith W. Davis, Esq , Willage Attarney WITNESSES: Mock Roos & Associates, Inc. (�( -:�`�, �,�l. t.�.. � _� ` l/ {. .. . _�� �, - -- _.,_.. �,...��' y<:�_ ..� __-.___._. .� { � , Dale Zimmerman, President � li'� �___��T-_�� � -.�� t �� ��� (Carporate Seal) Page 10 of 10 �I� • �S ENGINEERS • SUf�VEYORS • Pi.ANNERS lrlot.'t!g ROUS CAG �SSOCI�I�Sy 1��.'. VilIage of Tequesta Professionat EngTneering Services 2016-2017 Hourly Rates Haurly Rates Senior Project Managei• ............................. $165.00 .......................................................................... Senior Pt�Qf�ssional Hydrogealogist .................................................................................... $165.00 Senior Enginee►• ....................................................................o.............................................. $155.00 Ser�ior Hydra�eologisi li ..................................................................................................... $I50.00 Project Mana�ei• .................................................................................................................. �150.00 Project Engineer II[ .........................................................................e..............,.....,..,........... $135.00 Senior Hydrageo(o�ist I ...................................................................................................... $120.00 Project Engineer 1I .............................................................................................................. $ I I Q.00 Hydrageologist ................................................................................................................ �1�Q.00 Praject Engineer I ................................................................................................................ $100.00 Designer ................................................................................................................................ $90.Q4 Senior Technician ..................................................................................................... $9Q.Q0 Hydrogeologist ................................................................................................................... $$0.00 CADD Technician ................................................................................................................ $75.00 Senic�r Field Representative ................................................................................................ $1Q5.00 Field RepresePitative .............................................................................................................. $90.40 Senior Administrative Assistant ............................................................................................$60.Q0 3/2412�16 RT Mack, Roos & ;As�ociates, Irsc. 5720 CorporaPe Way. West Palm Beach. Ftorlda 33407-20b0. (5Cs1) b83-31 i 3, fax 478-7248 THE VILLAGE OF TEQUESTA REQUEST FOR QUALIFICATIONS PROFESSIONAL ENGINEERING SERVICES RFQ NO. Pursuant to Section 287.055, Florida Statutes, the Village of Tequesta requires professional services for the following: PROFESSIONAL ENGINEERING SERVICES FOR VARIOUS VILLAGE PROJECTS The purpose of this RFQ is to enlist engineering services on a continuing contract basis for the Village of Tequesta for the design and construction management of a R.O. and pressurized filter water plant, water distribution, stormwater/drainage management, stormwater rate study and master plan, GIS, GEO-Tech, survey, roadway construction and repair, sidewalk construction and repair, curb and gutter construction and repair, parks and recreation facilities, infrastructure facilities, general municipal engineering services, plat and plan review services, and building design services, consuttation for emergency water/stormwater/roadway repairs, Inspection Services for emergency water/stormwater/roadway repairs. Consulting firms may be requested to assist the Village in internal studies and for future capital improvement projects. RFQ packages shall be submitted to the Village Clerk, 345 Tequesta Drive, Tequesta, Florida, 33469, no later than 10:00 A.M. EST on M a rc h 01. 2016. No responses will be accepted after that time. RFQ packages shall include an original and Six (6) copies and a PDF copy on a CD or thumb drive in sealed envelopes/packages addressed to the Village Clerk, Village of Tequesta, and marked "SEALED RFQ FOR PROFESSIONAL ENGINEERING SERVICES" A public meeting of the Village's Selection Committee will convene at 1:00 P.M. EST on March 4, 2016 in the Village Hall Council Chambers at 345 Tequesta Drive, Tequesta, Florida, 33469 to review and discuss rankings of respondents. At the time of RFQ submission, respondents must be properly certified/licensed in the State of Florida for the purpose of providing the specified services. Requests for Qualification Packages may be obtained from the Village's website or the Village of Tequesta's, Village Clerk Office, 345 Tequesta Drive, Tequesta, FL 33469. Call the Village Clerk at (561) 768-0700 to ensure sufficient supply. All questions and requests for additional information in connection with this Request for Qualifications and selection shall be directed in writing or email only to the Village Clerk, 345 Tequesta Drive, Tequesta, Florida, 33469. Email Imcwilliams(a�tequesta.org. _ Lori McWilliams, Village Clerk Dated: January 12, 2016 Published: Palm Beach Post I. PURPOSE AND GENERAL INFORMATION: The Village of Tequesta is interested in entering into agreements with one or more Engineering Firms to assist the Village in the implementation of projects that may relate to, but not be limited to, the design and construction management of a R.O and pressurized filter water plant, water distribution, water quality issues, stormwater/drainage management, stormwater rate study and master plan, GIS, Geo- Tech, survey, roadway, sidewalk, curb and gutter, parks and recreation facilities, infrastructure facilities, general municipal engineering services, plat and plan review services, and building design services, consultation for emergency water/stormwater/roadway repairs, inspection services for emergency water/stormwater/roadway repairs. Consulting firms may be requested to assist the Village in internal studies and studies for future capital improvement projects. Florida law requires the Village of Tequesta to make a determination of a consultant's qualification to perform the above described work prior to their employment. The information submitted in response to this Request for Qualifications (RFQ) will be used by the Village to make this determination. Selected firms may then be invited to make presentations to a selection committee at a future date if the Village feels additional information about a firm is necessary. Assignment of tasks to the selected consultants will be at the sole discretion of the Village. The Village may choose to select any firm with which it has a continuing contract, another firm altogether, or use in-house staff to perform any of the above described work in whole or in part, depending on the scope of work and other circumstances. Task assignments will be subject to scope definition and fee negotiation on a task-by-task basis. No minimum amount of professional service or compensation is guaranteed to the firm or firms selected to enter into continuing contracts. 1.1 No Oral Interpretations of the RFQ No Person is authorized to give oral interpretations of, or make oral changes to, this RFQ. Therefore, oral statements about the RFQ by the Village§ 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 Villages website. 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. 1.2 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, including any and all addenda that may be issued by the Village. In accordance with the provisions of the American with Disabilities Act, this RFQ may be requested in an alternate format. No later than 10:30 AM on Februarv 22, 2016, 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 in writing and addressed to: Village of Tequesta Village Clerk 345 Tequesta Drive, Tequesta FL 33469 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 downloaded from the Village� website at www.tequesta.org. The Village provides this website as a courtesy only and assumes no responsibility f o r errors or omissions that may affect a proposal submitted in response to this RFQ. 1.3 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. Issue of RFQ Package January 16, 2016 Deadline for Written Questions: February 22, 2016 - 10:30 RFQ packages Due: March 1, 2016 -10:00 AM Selection Committee Meetings March 4, 2016 -1:00 PM 1.4 Award of 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 Council at a duly noticed public meeting. It is anticipated that the Village Council will award continuing contracts to the Proposer(s) that submits the best overall proposal(s), 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(s) 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's designated representative shall execute the Agreement(s). It is anticipated that the Village could award Continuing Contracts to multiple Proposers. 1.5 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. 1.6 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 by the 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. 1.7 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 (Chapter 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. 1.8 Drug-Free Work Place Preference shall be given to a business with a Drug-Free Work Place (DFV1n 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 "D", and certifies it is a DFW. 1.9 Cone of Silence A cone of silence is hereby imposed and made applicable to this RFQ and in accordance with the "Palm Beach County Lobbyist Registration Ordinance", a copy of which can be accessed at: www.palmbeachcountyethics.com, is in effect. The Proposer shall read and familiarize themselves with all of the provisions of said Ordinance, but for convenience the provisions relating to the Cone of Silence have been summarized here. "Cone of Silence" means a prohibition on any non-written communication regarding this RFQ befinreen any Proposer or Proposer's representative and any Village of Tequesta employee. The Cone of Silence is in effect as of the submittal deadline. The provisions of this Ordinance shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting. The Cone of Silence shall terminate at the time that the Village of Tequesta Council awards or approves an agreement, rejects all proposals or otherwise takes action which ends the solicitation process. A Proposer's representative shall include but not be limited to the Proposer's employee, partner, officer, director or consultant, lobbyist, or any, actual or potential subcontractor or consultant of the Proposer. 1.10 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. 1.11 Prohibition on Scrutinized Companies As provided in Sec. 287.135, Florida Statutes, 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. 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. 1.12 Cost of Proposal Preparation The Proposer assumes all risks and expenses associated with the preparation and submittal of a 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. 1.13 Inspector General Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed municipal contracts, transactions and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of Local Government, its officers, agents, employees, and lobbyists in compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 1.14 Protest Procedures See the Village's Purchasing Policy. 1.15 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. 1.16 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. 1.17 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 "C". I1. THE SUBMITTAL PACKAGE: The RFQ is designed to provide the necessary information about your firm. RFQ packages shall include an original and Six (6) copies and a pdf copy on a CD. 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 and equal 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. The submittal package must be organized in the following manner: 1. Cover Letter (Please address firm's resources, personnel availability and commitment in cover letter.) 2. Checklist (Exhibit A) 3. Firm/Team organizational chart which includes: a. Individuals Name and Position b. Name of Firm c. Clear designation of one person who will be the main authorized contact for the respondent 4. Firm description. (Include Exhibit B) 5. "Key Staffing" (Name, Title and years with firm only. Do not include a resume here. All resumes, if included, should be included under "Additional RFQ Information" tab.) 6. Project Management. Describe project management approaches to address: communication needs of the team, how key decisions will be made, how conflicts will be resolved, how schedule and budget will be managed and the accessibility and responsiveness to Village staff. 7. Conflict of Interest (Include Exhibit C) 8. Drug Free Workplace (Include Exhibit D) One original and six (6) copies, and a pdf copy on a CD or thumb drive of the RFQ must be received in the office of the Village Clerk, Village Hall, 345 Tequesta Drive., Tequesta, FL 33469, no later than bv than 10:00 A.M. EST time on March 1, 2016, at which time a list of respondents will be made public. In accordance with the American with Disabilities Act (ADA) this document may be requested in an alternate format. 111. 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. 1. Firm experience in Palm Beach County with local government agencies. 2. Firm's personnel qualifications. 3. Firm's approach to project management. 4. Firm's resources, personnel availability and commitment. Failure to respond to all the items listed above will result in a lower overall score and may hinder your chances of being selected. The Scoring Criteria is made up of the categories above 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 finalist list of the top ranking RFQ submittals. Firm Experience in Palm Beach County with Local Government Agencies: The firm will be expected to demonstrate its experience with other local governments. Particular attention should be given to projects completed with other local government agencies in Palm Beach County. Firm's Personnel Qualifications: The firm shall name the actual Project Manager assigned to the Village and other key staff to be assigned to projects, describe their ability and experience and indicate the function of each individual within the organization and their proposed role on Village projects. Firm's Approach to Project Management: The firm shall detail their approach to be utilized in managing projects including, but not limited to, coordination with other governmental agencies as well as the accessibility and responsiveness to Village staff. 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 within budget. Firm must also demonstrate flexibility to complete projects per the Village's specifications. EVALUATION CATEGORIES POINTS POSSIBLE 1. Firm experience in Palm Beach County with local government agencies 30 2. Firm's personnel qualifications 20 3. Firm's approach to project management 30 4. Firm's resources, personnel availability and commitment 20 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 Village Clerk, 345 Tequesta Drive, Tequesta, Florida, 33469. Email: Imcwilliams@tequesta.org. IV. 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 could award Continuing Contracts to multiple Proposers. The Village intends to initially award one (3) year contract with an option to renew annually for 3 one year renewals. There is no guarantee of work and the average funding for this type of contract is no more than $50,000-$75,000 per year; depending on council approval of each year's fiscal budget. Typical projects for the Village of Tequesta: 1. Raw water pipe cleaning 2. Chemical feed system upgrade 3. Stormwater design 4. SCADA system upgrade 5. Filter Plant Upgrade 6. New MCC Room 7. Membrane Replacement 8. Aluminum Covers for Chlorine Tanks 9. All types of permitting 10. Roadway design 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 Copy of this Check List (Exhibit A) Firm/Team Organizational Chart Firm's Description(s) (Include Exhibit B) Key Staffing (Name, title and years with firm only. Do not include a resume here. All resumes, if included, should be included under "Additional RFQ Information" tab.) Approach to Project Management Conflict af Interest Statement (Exhibit C) Drug Free Workplace form (Exhibit D) EXHIBIT B ACKNOWLEDGEMENT OF BUSINESS TYPE AND INSURANCE 1. SUBMITTING FIRM NAME: 2. TYPE OF FIRM: CORPORATION INDIVIDUAL OTHER 3. IF CORPORATION, COMPLETE THE FOLLOWING: A. Date Incorporated: B. State Incorporated: C. Date Authorized in Florida: D. President: E. Vice President: 4. IF PARTNERSHIP, COMPLETE THE FOLLOWING: A. Date organized: B. Type: General Limited C. Name of Partners 5. SECRETARY OF STATE'S CHARTER NUMBER (Attach Copy) 6. FLORIDA STATE BOARD OF PROFESSIONAL ENGINEERING REGISTRATION NUMBER (DATE: Attach Copy) 7. FEDERAL EMPLOYERS IDENTIFICATION NUMBER 8. PROFESSIONAL LIABILITY INSURANCE? YES NO IF YES, ANSWER THE FOLLOWING: A. Policy Number: B. Company Name: C. Amount: D. Expiration Date: EXHIBIT C CONFLICT OF INTEREST STATEMENT This Request for Qualifications 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 Proposer shall disclose to the Village any possible conflicts of interests. The Proposer's duty to disclose is of a continuing nature and any conflict of interest shall be immediately brought to the attention of the Village. CHECK ALL THAT APPLY. [] To the best of our knowledge, the undersigned business has no potential conflict of interest for this RFQ 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 RFQ 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 RFQ 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 RFQ 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 EXHIBIT D CONFIRMATION OF DRUG-FREE WORKPLACE in accordance writh Section 287.087, Florida Statutes, whenever two or more bids 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 bid 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 bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 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: MINUTES VILLAGE OF TEQUESTA ENGINEERING SERVICES March 11, 2016 RANKING CALL TO ORDER AND ROLL CALL The meeting was called to order at 1:00 p.m. by Sam Heady, Deputy Utility Director. In attendance was: Sam Heady, Deputy Utility Director; Tim English, Building O�cial; Doug Chambers, Public Works Supervisor; and Village Clerk McWilliams. Mr. Heady, Deputy Utility Director, opened the Engineering Services Ranking meeting and explained the panel would each announce their rankings for the individual firms. Rankings: Evalua#ors Total Score #or 1(eith Ail Mock Florida Caivin, and Kimiey Categories Rc�os CAPTEC Mathews Engenuity Technical Giordano WRM�► Schnars Hom MBV English 96.00 90.00 89.0� 98.00 87.00 85.00 97.00 92.00 9Fi.00 89.00 Chambers 90.OQ 79.00 $9.00 81.00 74.00 86.00 80.00 80.00 85,0t9 76.00 Heady 93.OQ 83.00 91.0(} 88.00 89.00 90.00 83.00 90.00 92.tfQ 79.00 Total Score 279.0 252A 269.0 267A 250.0 261.0 260.0 262.0 273.0 244.0 1 3 2 Mr. Heady announced the top three ranked firms as Mock Roos (1), Kimley Horn (2), and Mathews (3) and stated he would be in contact with information on how the Village plans to proceed. ADJOURNMENT: The meeting was adjourned at 1:10 p.m. Respectfully submitted, Lori McWilliams, MMC Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office.