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Memorandutn Utilities Department
To: Michael Couzzo, Village Manager
From: Sam Heady, Deputy Director of Utilities
Date: 4'8.� 16
Subject: Continuing Engineering Services Contracts
I respectfully present the following Comprehensive Analysis to the Village Manager.
The Viliage requires certain engineering services, including but not limited to engineering
services for its water, stormwater, and general civil projects. The Village has selected two
Engineering firms {Mock Roos and Kimely Horn) under the pravisions of Sec. 287.0�5, Florida
Statutes, also known as the "Consultant's Campetitive Negotiation Act" ("'CCNA") and desires to
enter into a continuing contract with bdth firms.
This Agreement shall remain in effect for a term of three (3) years from the date of this
Contract with three {3) one (1� year options to renew, unless othenivise terminated.
Cost is dependent on work assigned:
�'�OFESSIC�1�'AL ENGINE�PIN� SI1'R�IC�S A��2E�MENT
TI-II� AGI�EEYIENT, (�etti��een tlle Village of Tec�uesta, a'nunicipal cor�oration tivith offees
(�cated at 345 Teqi�esta Dl°ive, 33�6� (her•eii�after referl to as tl�e "Vi[lage"} and Kianl�y [-±or°s� �
As,oc'sates, 1nc., a 1=1oi•id� corporation �uitl� oftic�s 1c�cated ai 1920 Wekiva Way, V�fest Patm }3eac(�
Florida 3341 1(hereinafter � to as '`E�l�ineer"} is ente� ii�ta tliis tlay of Ma}�, 20 i 6,
effective iin��}ediatei��.
�'4'H�I2�A�, t11e Village s°ec�uil ce1 engii�ee� services, ii�c(uding bcrt nat linasted to
e�zgin�erin� services far its urater ��tility/syste�� a��d generad ci��il pr°ojects, l�ereinaft�r r�eferred to in
��er�erat tez•ms as ``��v"�sr°k"� and
Wk tl�e Vi4lage has sele��ed En�ineer untler tl�� }�rovisians of Sec. 2$7.Q55, F/cai•ac�a
StcaPartes, adsa k�1o`�i� as tlie "Const�itant's Co�z�petitive l�legotiation Act" ("CCNA"} ai�d desires to ente�°
- into a"contint�if�� contract" �vitl� Eng�neer �sr�tl�i�l the meaning the CCNA for provision of �i�ork relate�i
servrces pursuas�t to t4�is Agreenaent; and
4�'�-IE12��S, t(ze Engir7eer E�as represel�ted t�a tl�e Village �hat it is capabie aa�d pretaared to
}�ro�Fide stscl� 4Vc�rR services iznder tl�e ter�ns and canditions set fort(1 herein.
i�C}W, TE�EI�E�'C?1�E, in consideration of tl�e promises contained herei►�, the parties hereto
agree as fc�lio�vs:
r�R'i'If:I.E �- TERMa AGh.E�M�N°I' N4T E�C�.LJSIV�
�I�'hi� t�greemea�t s►za(I remaia� in effect far a tec°m of tl�cee (;� years from the date of this
A�;reetnent �vith ttiree {3} c�ne (1) year options tcs 1°ene�v, unless otl�er�vise terminated as provided lierei��
at Ari�cle i3. Each option to rene�v shalI be e�ercised automaticaily ualless either party gives i�otice fc
t}Ie other �t least si:�ty (6Q) days prior ta th� end of the term of its intent not to rene4��. Additionaily, the
p�t°ties r��ay �xtend t(ae Agreeme��t upon muteiadly acceptable tenns and ctrnditions. At�y s��ch eYtec�sivn
shail ti�; i�7 ���ritin� and mte�t be e�ecuted b}� botfl parties. The exte►�sion may provide for th� coinpletian
c�f all tasks previa�asl}� atithc�rized by tlfe Village in accordancL with Artic4e 2 unless ter�ttinated in
�cco� tivitfi Article 13 hereinbeEav��, or allotived to lapse by fai(ure tc� extend sam� at the e�ad of the
- tenn. Any and a11 CSt� Work atithorizations issued during tl�e tec af this AgreemenY {ine(t�ding at�y
extensions} s(aatl c�emain ir� full force ���d effect beyand the ter�� of tI�is Agreement (inciuding a�iy
extensionsj as set farth l��rein, unless othei•�vise terminated in accordance witl� Article I3 Iiereinbelo��.
Nothing i►� tliis Agceemei�t sha}I prevent t3�e ViIla�e fram employing other consulta�lts to perforin
tlie satne or similar services. The Vi4lage also r•etains tlte option, at its sole discretion, to perform any and
aiI �rofessia��a[ engin�ering services by Iztilizing Village ett�ployees or other engineers.
Fage 1 af l0
�B�TI�A�1'a L. ^�L' Il�10.,.1:+� T`7 ]JL' Pi.Z1FilIS:Y1CJ1J iJ 9 l::1�C3ilYGEilj &1\t3 1 lJ tl�' LiL' 9\ildld�
Z,� — S�2°V'I�CS
�;ti�itl��F' S�lc�{� �)@C�Od'911 C8I"T�1tt1 �3COf�SS1L?1�3� �;BI1�d'r�� Cit'1�1�11#�;111�Ci"I1I,�P Sei°VIC�S a91� SLtC�I O#�1�1"
��iated ser��ces as may l�e rec�uired by tE1e tJillage frc�r�� tii��e to ti�ale tivf7icl� ai•e specitical[y authorized by
,��e V�lla�e and set fo� 's�� �z specific Scop� of Ses {I�er•eiil refe��z•ec� to as t41e "Wor(:"l. �3c17 suci�
specif�c at:tliorization ��riii be referi to as a Co�lsZiltant Services A�itllc�i�ization {"CSA",. Lacl� �5A
�laall be desi�ilated as a coi��ec��tivel�� �1uE��be►•eti etl�il�it to this Agreenlent �t1id sha(1 be attacl7ed haret�
a��d it7c:,�rpo4�ateci b}= referei�ce �s part of'tl�is A�i°eement. �ac11 CS�I fc�� «�ill set fortl� a specifc� s�u}�e
of sera�ic�s, taial ail�oi�d�t of c:or3��e_tisatio►� a�ld caanpletio�� t�ate. Ail ���dividual CSA fc�r� proj�cts costir7g
�a� 1� tavel�ty five tlzousand dalPars (�25,0OO.Ot?) m�t;t be a�provad by tl�e Vil(�ge Nlanager prio�° to
_ �:on�;7�eEZCe���en1 of a«y evor� by Enginee��, as inoi paz°tic�zlar€}� set fiarth belo�v {2.3 — Process}. Fol• all
�s�t?jects vaiue� i» exvess of t�ve�3ty �ve thcausand do#lar•s {$25,0OO,OQ), the indiuidt�ai CSA ta3zsst be
ap�3€°oved b�� t(te Village Ccc�€�ci{ �rior ta com,nenc�lnent of any �vork l�y E�igiireei Tvpical �rajeets t}tat
may be autlic�i�ized incl��de, but are s�ot necessarily {iinited to the fc�iloovit�g:
1. Rau,T `�ater pipe cleaning
�. Chem�cal feed syst�m upgrade
3. Stc;rm�vater desz�n
4. SCADA system upgrade
S. F�I�er Plant Up�rade
�i. �dew IVI�� Room
�. iV4�anlarane Repiacement
�. �luriair�um Cavers f�or Chlarine Tanks
�. �11 twTpes of germitting
1t�. R�ad���ay desi�n
a.2 - C}��r�ershi�
�I( instruinents of professioiiai ser�erices includi��g, bi�t not li3raitec� to, dc�cun�ents, recorc3s, disks,
ilrigie7al �ra�vigags and/o� otl�er rnfarmation ereated �s3dioi• proctj��ed by Engineer for any a�itl�orized
I'ro�;ect sha)I becozne the pro�erty of tl�e Village t�poal con�pletrc�n s�f tlle work far u�E�ictl tl�e asset was
i.Ati?izec� �nd tipon payrne,lt by tl�e V4[lage i�� accc�e•c:ance wi9.1� tile a�pl3�abEe CSA aszd Article t6.
2.3 — Prmeess
'I'he Villag� and �ngiz�ec;r ��i11 confer �rior to the issuance af any CSA to discuss ti�e scope of fihe
t�j�r�:, tl�e time ne�de�{ to �omplete the t�'ork, incic�ding phasi��g, if' any, and the fees for services ta be
a irl cc�nnectic�n wit�� tlle Work. Th�reaf�er, Engineer will stabmit a proposeci CSA tc� L'i�lage
ivii:ch sE,all state ��itt� specificit�� arad detaii tiae scope af Work, tlte time for cempletion, ►ncludin�
P��e 2 of l 0
�1�1r.'�St91�, i� c�I1�`, c"iPiC� 1�tE� f"�C;S. ��f�S 117iiy {�lV1t�E t�l� ��C)1'�C iS1f4J 9iIC�IVIi�I!`el� tc'iSEC5 Q4' �J}13S'ES, �IS {ilSCliSSf;Ci
bet�veer� ti7e �iila�e ai�d �ngineei° prio� to ti�e issuance of' tl�e CSA. At tlze discretio�l of Uillage
i��lazzagei CS.�,s faz� certain geilera! cetiiity a��d civi! services of �2ai�lim�1 sco�e (tl,ose t}lat da nQt e�ceed
�[ S,t�OC}.t�() tt��a( cast pe�• CSt�) �nay be rs�uec! vec�all�� f�r p���°poses of' e�pedie�lcy, I�iEt si�all be folloeved
is� b�° ���gineea• �vith a�vY CS1� as saan as �ract�cai. ,ar�ciit�onall�j, �t tile discretic�� ot Vili��e, a
�uritten CS�I fat• ryenel Work ses°vices to t�e �erfoi�n�ed over a s�euified �}e► o#'tisl�e {montfls, or years)
I7i3}% �J� iSSEi�t�. �17 StlC11 �V�EIt, Fllgi32e�i' S�7�j� II1V�iC� ��t�17�8 �COi21 Z31178 tfl 1i171�, �?lti'Sll�lit 10 f�t"t1C�� _i
1�ereinE�e(c���� against tlie agreed fees baseci os� autllor`rzatiarl tron� the Villa�;e Maiiager.
E,�S�,ineer shall co}nmet�ce no Woa°k prior to receipr of Villa�e at�thorization. Ef�gia�eez� sl�all not
e�ceed tf�e fee amQiu�t in any �SA d��ithc�«t pri�� Vi(lage authorizati�P�.
Village ag� to caoperate witl� E�l�i��eer• at ai3 tifnes �vitl� t��e provisiai� of plans a�� ather data z�i
tl�� ��c�;;�essia►� of Village a�ad �vailable it� Viiiage files fa3 azzy 4Vo� autilorized here�u�dea•.
��t'TIC'��. 3 - C�?Nl�'ENS�TION
3.1 - t��e��r�l
Tlle Village shai4 pay �ngiraeer i�� accordance w3th eac4� individual C�A; (loevever su�i� C�A
shall !�e k�ased a��c��� the Fee Sched�.�fe attacl�ed IdeP•eto as Exhi6it "A" �tnd incarporated bv s°efere�ice �s
pat�t of t9,ss A�ree�nerz�. S��cla Fee Schedule ma}� be adji�sted by �nutuaE canser�t of botf� parties,
�c�a�iperzs�tian based upon siic#� Fee Scliedi�ie wil€ be negotiated as a lump st�r� price or as an (loirrly rate
- far eacll inc�ivicl��at CSA as set fortl� in Article 2 he�°einabove. Paymer�ts sl3al! be made by Village to
??���ir��:er c�n a rr�����thl}� basis, pi�rs�iant to Er�gineer's ialvaice for ��Jar�: eom�ieted.
3.2 — l���rrebarsak�le Ex�enses
A)i s for paymenr af "oiit-t�f-�acket" eY�enses ��lii�:l� mzy be eligi�le for re�mbursentei7t
sl�all F�� inc(uded on ti7e inciividual CSA applicable to tlie project. Copies of paid receipts, invoices or
otltec dc�cis!nentation acc�ptable to tl�e Villag�. Manager may be requesteci by t��e Vi(lage for
dc�cuPraentatior� sufiicient to estabiisl� �hat the expel�se was actuafi}� id�curretl. Na payment �vili be macie
for it�rng nat listed on tl�e CSt� uriless approved by tl�e ViP6age Manager prior to t(le e:�pe��ditcere by
LSl�4Itt'�i .
.��'� ��;���i, � — �1 T ��J��.E�t'4�C�+
Dtiring the perfarn�ance caf tl�e ser��ices �rnder tliis t�greeener�t, Ei�gineer sl�a]D inaiiatain the
a�Ploaving insu�•at�c� pc�licies �vritt�[� by at� insla�°ance companv aut}�c�rized to do business i�z Florida:
I. Pro�'e�sional Ii�bxflity insurance �vitli bodily ial�ury limits of r�ot less t(�an $2,t?t3Q,Q00 Pc�i•
eati� c(a€m, arld with prapes damage li�nit� of not less than $2,000,000 for eacl� claim,
Pa�e 3 af 1 t�
2. General ar�ci Auton�obile IBability iiasiai �vitl� bodily iii�u�y iin�its of not iess tl�a��
��t)0.00{} for• eac6� per•son azld r�ot (ess tlz�n $SOa,tl40 foi� eac}1 �ccident a��d witl� propeo•ty
c{��n�ge li�i�its of nat iess tl�an �3E10,Q00 fof° each accidea�t, at�d any greater lil�lits as ,t�ay
:Jtlterwise be required by 9a�ti�.
3. ��%ork�rs' Cc�mpensation iilst�e•ance in accor�iance ��it!} stat��tory �
E€�gineec sha(1 furnisll tl�� Vtllage cei°tiiicates of instirance wf�ich si�ali incfude a provisiaft that
palicy cattceilatior�, non-renetival or i of eoveF tvi1l nat be effective �antil at le�st tl�irty (303
days t�+�ritte�7 ��atice E�as be��� made to the �Filfa�e. Et�git�Ger sl�aIl i�lclt�de t't�e Viliage as ar� additici�a�
inst��°ecfi CT3l tlle ge��eral ai�d a�itotnobile iiaGility inslu�at�ce poiicies re�}ui� by the Agree�i�ent. Ali of�
Eg�gineer's szibccntractors silall be s ta incl�ide the Vil(age ae�d Es��i�aeer as addi�iona( insti►�eds an
tl�e'ts• getaeraa and a��tc���aobile (iabiiit_y insura�ICe palicies. �ngi�leer shal( not cc�mmeiice tivork under this
rl;r�e«7ez�t c�� an}r CSA issised hereci��der u��til a!1 i��s�iras�ce requil•ed as stated herein 1�as t�eef� obtained
;�a�d certiticates evitie�tcirlg same are o�� fi1e with ti�e Villa�e.
ARTICC,� 5- S'fl'AND�ItD C}F CAI2�
�g�gir�ee�• shal( e�ercise t9�e sa�ne degree af care, skiIl and diligenc� in ti3e nerfarina�3ce of ti�e
services as is tsr•di�iariiy provided by a camparable proiessional untiei• sirnilar circi�mstai7ces and si�al! be
obligatecC to correct servic;�s �vl�ici� f�01 beiow sibch standards at ►�o additional cost to tiie Villaee.
rn�ine�r ��r�es tl�at ai[ �ervices shali be perfar�ned b}� ski(led and coenpetent personnel.
,�I�'�'IC�E �a - II�+tI)E �FI�ATI4N
�ei�ir�e��� agrees to protect, indemnify, prt�r�ide costs of defer�se and f�old (�armless the Village, its
�r»�lt.�yees at represei�tatives, �'ro��� and against ar�y anr� all clai���s a�1c� liabi�ities, inclucfing all attors�eys'
fees and coc�rt costs, including appeals, fnr whicll the Villa�e, its gmployees at�d representatives, can ar
���ay be (�eId diable as a i°esuflt oi' in,�€�;y {i��cluding death} to perst}��s or d�mage to �roperiy tc� the �ste4�t
occurrin� bv r�ason of any negligei�t or inkent�oilal acts or omissions af En�ineer, +ts employees or
agents, incf�fding subco��tB°actars, 'sn tl�e pe►•fc�rn7ance of services under this Agreernent. Em��an�er ;hali
nc+t �e �°eq�iired t�� indemnify t�ae Village or its a�ents, em�Ioyees or representatives �vhen an occun�ence
- res��its fz•om the tivroi�g�ii[ �cts or oir�issions ot the Village ar its agents, emplayees or �•epresentatives.
'1'h� terms and cc�nditiatls of this Article sl�a}1 survive tl�e cc�tnpletiQn ofi a!1 services obt2gations a�3c�
d�.aties provided fc�r ir� ti�is �gre�inent as weli as the ter ofthis Agreeme�lt for any r�asQr.
�RT`ICLE 7 - Ill�EFFND�;I�T CONTRACTOR
Engineer undertakes performance of the services as an indeper�dent contractar and shal( be
�Ijo3iv respor7sible for tlle methods of per��rmance ��ti(ized. Ei�gineer shall not pledge the Village's
�'age 4 of 10
credit or �l�ake it a�t�arantor af payit�e��t af suret�� Fo�• aiiy c.,aiitraci, debt obEigatio�a judgmeni, lieBT �r a��y
fat of i�2deE�tei�ii�ess. �:lgineer furihe€° ��arra9its and represents that it I�as rla oE�ligation or indeb�edness
that �.voudd inipair its ability �o fulfiil tl�e terms ofti�is Agreemen"t.
A�iTI�LJE $ - �L1THO�tITX TO PFdACTICI[l'
E�7gir�eei� lt�reby 1•��resents and agi•ees that it has a��d ��ifl contia�Lie to maintaii� a(I liee�isss a��d
a�pt•avals r�eq�si�•ed to co���uct its baisiness aiid t(lat ii �vil! at ai[ times condtict its b«siness activities id� a
1't;�)lftc���� 7?1c�PltlgJ'.
.��`{`I'IC'LE 9 - C�I!'CT'LIAN�E �`t'I'I'H LAl�'S
i�� pLrfo�•rnance �F tl�e services, Engii�eer tivill cosl�ply tivitll applicable i°egb�lato►y requiy
inciu��in� f�der<al, state, special daste•�ct and lacal !a`vs, rules, t�eg«lations, arders, eodes, critef and
s�andards.
?`�T��L� I� - 9LTBC��T��T�v�
`i'h� Vi(lage reserves tlle right IIl It5 SO�(; C�tSCC�t1O11, TO 2lCC:e(�t CDi' t'e�8�� 1I2� L1SC' 4� a SlII3COP1$Y�Cft7t'
ailci t� inspece aIl facilities of any subcc�nU•actor to ir�sure that tl�e selected subconEractcrrs wili be abie to
p�rft�r;o� pr ��nder tllis Agree�nent. If a subcontractor fai[s io pe��forin ar make progress as t°eq�aired
�;y �ny C`S� ancl it bec�mes necessary to repface the subco��tractor in ordcr to coen}�Iete the wos•k i�� a
tiz�aeiy f�shia��. �,rlgir2eer slla}I pr�mptly provide a replacee�leni, subject to acceptance of° tt�e i�e�v
stibcontractor t�y tl�e Village,
t�di 1 I�LE 1 2 ° l' L' Dl:.LIHL t$N�.l � ATE 1 AAL' �7
The Viliage is exeanpt fY•on7 federai tax and state saIes aiid use ta�es. Upc�i� rec�ttest, the Viilage
�vi11 provide an etemp±ion certi�cate ta Engiwteer. �ngineer is �iat exe►npt frc�r paying sal�s ta� to its
sLippliers ia�° materiais t� fulfiai coz7tract�iai abligatians vvitl� t1�e Village, iaor s6�a11 Erigineer be aa�tharized
Co use tl�e Vi[lage's Tax E�e�nptio�� I`'�unber in secur�ng s�`ch inateriais.
AI�1'I��.E 12 - f1VAII,AI3ILITY O� FliNDS
The abligatians of the Village unc9er t3�is ��reernent and a►�y CSA are subaect to the �vailability
c�f fiancis Ia�vfiiliy appropriated fc�r its �urpose by the Vil3age Couneil of the Vil(age of Teqatesta.
Engineer ma_y rely on the ��ecution of an individua4 CSA as evidence t17at funds have been appropriated.
:�RTI�LE 13 � '�'�R1��I>iA'I'ION 63� AGRI:EMENT
This �.greetnen�, e�r an_yr CSA �ssiaed faeret�nder, �na} be ter€ninated by eitl�er party �vitll car
wit}ZOUt ca��se upan thia-t� (3t}) days prior written notice to the oti�er. Unless Engineer �s in breach af ttzis
�-l�reement, Engir�eer shall be paid for services rendered to the Village's reasonable satisfaction thrt�u�17
tEze date cf termination. Notice as required I�er shali be sufficient �v)len }�rovided in accc�rdance
Page 5 of 10
witl� A�°ti�le I� l�ea�eirzEielot�.
F��2TIC;�.� 14 - ��l�"I'�CE
,�Ylti' iiC}IIGE, C��IY1�12C} CC5117111UI�iCatlQll (.�C I'eLjLIES� 1'�C�L31d'eC� C41' jJel'[]llrt�tj 11�C�Li11Cl�i' S�3it�� �e [Il
�.��.�itiTa� ��nd defive�•�d i�z pet�sor7, by facsi�nilv or ser�t b}� certified s��ail as to[lows:
r�� ��'4� jIILLA�E �� 'VtrITF� C4JPY r6°°C� AS TO El�'GIId1E�+R
�------
?�i;:liae! Co�gzzc� I�citi� V�". Javis, Es�. Thamas C. Jensen. P.E.
� ljil!age Miina�er Village ;�tt�r�ley Kimley H�rn & Assaciates, 3�tc.
i Viila��;�fTec�uesta Corbeti, �Nliite, LL?avis and Aslzton, P.t�. I920 Wekiva �Vay
i ��y "�'ec���est� Drive 1!( t�iypolci�a Raad. S�tite 2Q7 1�est f�zle�� Beacl�, Fiorida 33� 1 I
�'��tiesta, ��, �3�69 La�ita«a, �L 33�b2
Nc?tices shall be eftectzve ���ilelt �°eceived at t(ae addresses as speci�ed above. E'acsi�niie
?� is acceptable notice e�'fective �v}�er� i�eceived, Ii�we�rer. fac�itns`le iransrraissions received
(i.e., ;as �fter 5.0{} p.m. on 4��ee�:ez�ds ar holidad�s will be deei��e�f receivec( an tt�e ne�t t�crosiE�ess day.
`I'(�� <ars°iginai �af tf�e i�otice sntast additionaii�- be s�nt by certified i��aii. �l�anges in th� respectie�e
acidresses to �vPiicl� suci� noTice is tc� be directed rnay be made from time ta time by either pa► by tivritter�
ns�tice ser�t b}� c•eg�z(ar mail or facsin�ile to tlae pthe�• party.
Al2'I'ICLE 15 - l�N�t3:t�TR(�L�aA�3L� FOR�ES
i�eitl��r Vi(lage nor �;ngin��r sl�a4l be tieemed i�� default of this Ag��eement if delays ar fail�ire of
,ra��•forrnar7ce is due to ��»eat�ttro(lable forces, the eftect of ti��(�ici,, by tPae esercise af reasonable dili�ence,
tl�e nonperfarr��iiij �al coia[ti iiot av�id. The term "sincc�ntra�lable �orce(s}" shai( mean any e�ref�t rirhicl�
res�4lts in t1�e pi c.�r delay af �erft�n�naalce by a party of its obiigations �ander this Agree�nent
�b�ll?cl1 is beyond the reasonable cantroi of the nonperfarming party. it includes, b�►t 'cs l�at (imited to fire,
F[o�?d, eartl�c�uakes, storms, lightning, epiclemic, avar, riot, civil distRwrbanc;e, sabotage and �overnmenta[
acti�ns. T'he nonperformir�g part}� si}al[, withi�� a reasonable time of 6ein�; }�rev�nted or detayed fram
perfor�n:�t�ce by an «nca�ntrollable frsrce, give written noeice to tlie other �artv describing tlte
circtin�stances ancl iir�co�,trollable forces preventing conEinued performance of the ablegations of this
��r�ement. ',�c�tice as required [�ere�ad7der sha(( be sufticient tivllen provided in accord�nce �vith Articte
i� hereina�inve.
�eiti�er ��rty s!?all, [zo��reves�, 6e excused f'rai�1 perfarsnance if rronperfc�rmar�ce is due to fo�°ces
��rllfcl7 are �revetlta�le, ��emavaE�le, or ren,eds`a�1e a��d u�ll�cl� tl�� ��anperfc�rn�ing party cou(d lia�°e, witl� the
e�ercise of reasc�nable diisgence, ��•evented, removed or retnedied with reasonable disgatch.
Page 6 c�f 10
AR'3'ICL� 16 - OW'?iTEI2SH.�P �F DC3�U14�ENTS
Ee��'r��eed• shall be r•e�uired 4o coopei•s�te r��it11 other consciltaitts z�eiative to p2 in�orn�atioi�
rec�u�sted ii� a tiE��aly Ena��ner and in the s�ecified fo�•m. AII i►�st�°irn�ents of pf°atessio»al se�•vices,
inc(�tciis�g, bt�t not litn�ted to, docu�ne��ts, recacds, clisks o�'i�inal drawings ot° c�ther i��formation crealed or
proc��red �i}� Cngineer fa�• any praject wl�ich is the slabject of this Agreen�eizt ai�d an individua� C5A sl�all,
upo�� campietios� of tlle woi°k ai�d pay►�7ent of ail mat7ies dE�e Enguieer, become tl�e ��rope� of t17e
Viila�e far its tose ail�llar distributio�7 as n�ay bc dcemed �ppro�ri�te by the Viilage. Howeve� botl�
paY s�ec�fically acknowIedge and agi•ee tliat any re-use oC such dc�ctntients t�y ti�e Vi1la��, for other
t}�an tlae speca�t; peirpose inte��ded, tivit6�ad�t �vritten verificatiow� and adaptioa� by Engineer for sucl�
sp�cific �«r}��se i�ri(I be �t d�e sale z°isk of ti�e V illage and avit[�out (iability oi° (egal exposure to Engineer.
ARTI��E 17 - ACCESS AND AUTD�TS
Engineer sl�ali maintain adequate records to _justify all cl��s•ges �nc6 costs incur�•ed in perfoi°ming
ivork a�itl�orized under this Ag►•eement and ii�die�iclual CSAs for at least t}ir•ee (3) years af�ter completian
of tfle applicable project. The ViPla�e shall lia��e access to st�ch books, records and dacuments as
;ec�uired i�� t1�is section far tlle purpose af inspection o{� audit dLiri�ig �ioriraal �varking b�isi«ess IZOCU�s at
�.r��ineer's placa of b�isiness.
�t.I�TICI.� l 8 - ;�iC2N-DISCRIMINATIQN
Engin�er �°�pr�se;lts t[�at all c�f its empioyees are treated in a fair and equitable manner u�ith+�ut
r�Qard ta race, coloi°, religian, gencier, age or ��atio�tal origin.
ARTICLE 19 - ENFO�CEMENT +�C)STS
[f any legal actiar� t�r othe� proceed�ng is br�ou�l�t fcsi• tl�e enforcesnent of this 1�g1�ee1neilT, o��
because of an alteged dispute br�acl�, cl�fault or anisrepresea�tation it� c�i���ection �i�it(1 any prc�visions c�f
tl�is A�reement, tlie sz�ccessful or prevai[iYag party or parties sl7atl be entitled to recover reas�nable
�ttarne}�s' fees, eoi�rt casts and all expenses (including ta�es} even if not taxable as cotdrt costs {including,
«�ithout limitatio�z, ai9 s�acl� fees, cc�sts and eYpenses incidentai ta appeals), incurred in tlia� actioil flr
�roc�edi��b, in additio�r to any oti7er relief to tivhicl� such party ar parties ma�r be entitled.
�I2T1C�T 20 - GC)�'ERN�iG LAW AND VENUE
This AgreEment sl�all be gc�verned byJ the ia�vs af tile Stata �f F(aa•ida. Any and al1 legal actioi�
necess�ry tc� ea�force tl�e Agreesn�nt ��.rili be held in the state or federa[ courts in a,�d far Paltn �eacl�
Ccaunt_y ar�d the Agreement wi31 be intei•preted accarding ta the lar�vs af F[arida.
�l�'I`ICLE 21 - S�TC�ESStJ�S ANiI ASSIGNS
Tlie Vii[age and Engineer eacl� binds itself anci its partners, successors, assigns and legat
Page 7 of t 0
representatives to the otl�er �ai°ty in ihi� t�g4•cei��e3�t �re�d ta t17e pai°tners, successors, execuiar°s,
ad2i�i�iistrators assigils ancl legal z•epi•eselltatives. Crlgiiieei� sf�ail not assign t(�is Agree�rseilt withotat the
e��ress writteil ap�aroe�a] of tlle Viliage.
:��'a'I��I� 22 - ��VEI�AI�ILIT1'
i l�e invati�lity, i3l�.�ality ar ��I�enfc�rceability af an�' pravisio�� 4f tI�is Agreement, or the
c�ccurren�:e o�at7y event rendering any pa3 ol° pro�,•ision of tl�ts Agreement void, s1�ad! in ��o �vay affect
tC1e validiky o�� e►�for of a��y atl�er portion or �i°�visiorl of tl�e Agi°eeme��t. Ar�}� void provisian
slpall be d�e��7ec] sev�red firom the Agreement aizd tl�e baian�e c�f the flbreement sha1l be coils�i•iied and
e��forced as if`tlae A�z�eerne►�t did �1Qt ccs�tair� the particulae po��tion L�r• pi•ovisio�� l�elc! to be voici.
Al2TICLE 23 - +DF'FICE (7F '�'�E INSPECTQR GENERAL
Ptirs�iant io Ai°ticle �Ii of tt�e P�im Beach Cc�lulty Charter, tile Offi�e of tlae Ii�s�ect�r Cieneral
6�as jurisdictiran to ia�vestigate m��nici�a! �nattersa e and audit ��aunicipal cot�tracts ai�d oti�er
transactioiis, ae�d rnake reports and recoi to �i�i6fllicipal gaveri�i'lg t�odies based on s�ici�
aa�dits, reviews oc i��vestigations, A11 parties daing ba�siness �vith tl�e Village shail fiilly coopef �vitli
tE�e ia�spectoa gesleral ia� the e�ercise of d�e inspector geYaeral's functiails, authority ai�d pocv�r. Tl�e
ins�teCtor �ei�er•al has the pawer to take s���orn statements, i'�C�lllt"e tI18 �COdCtCil0i1 C9� C8C�1'tIS itll� �C} 1Ut�i�
manitoi investigate and inspect the act�vities of the lfillag�, as well as contractors asad lobbyists of t}te
ViI[age in orciei• to detect, det�r, preve��t and eradicate fraud, �vaste mistnanagement, misco��d��ct altd
�buses.
.�.�'I'7�:L� 2=� - PLJI3LIC RE�+�.1 S
3n aGCO�•da�sce �vitl} �ec. I d9.070i, Flns�ic�cr S'latartes, Engineer tnust keep a�id maintaiti this
t'��s�eesnent aild arly fltl�er recoz•cis associated tllerewitla a«d tljat are associateci �vitl� the performai�s;e of
t1.e ��crrk descril�et! i�ereii� and in Eezgio�ees�'s pr•aposal. Upcan rec�uest fs•om Viliage's ca�stodi�n of public
reecarcls, Engine�f° �nust provide Village �vith copies of rec�ifested records, or allotiv stacil records to b�
ins���ted or copiecl, tivithin a reasonable time in accc�rdance �viti� access ai�ci coyt ret�itire�nents of Cllapter
i i 9, �Ic���icdrr Stcrtattcs. Si»uld Engie�eer fa�l to prQVide ttle public records to Viltage, or fail tt� mak� them
�vailai�le for rnspectic�n c�r� copying, �vitl�in a reasanab3e time, En�ineer may be subject ta attorney's fees
artd cc�sts put°suant ta Sec. 2 19.0701, Flcat�idcr �Sttrttttes, and ather pena(ties �ender Sec. t 19.I0, �'Porica'ca
.�'tczttrtes. Furti�er, Engineer shalt er�sure that any �tempt ar c�nftd�ntia[ records asscsciated with this
r'�gre�ane�at o�� assc�ciated �,�,rith ths p�rfonnance o� the work descrabed herein and in Engineer's proposa!
are not disclosed eYCept as autl�orized by law for tl�e duratian of the A�reement tea and fotlowing
co�l��ietian o� tl�e A�reeme�7t if Engineer does not tral�sfer tlle records to tl�e Vi(la�e. Finally, upon
Pag� $ of I 0
_ _ ___ _ _
cQi�i�(etiot; af tl�e ,Agreen�es�t, Et�gineer� sl���i tra�lsfer, at no cost to ilie Village, al1 pttblic recorcis in
possessias� of F�1gi�tee€ or kee�� a��d tnai�ltain }�ublic i°ecords z•eqt��red by t(ae ViDlage. If En�ineer
tt•a3tsfers al( p�ibiic r°eccards tn ihe Viflage tspon eampfetic�n of tlze t�greement, E���ilieer s17a11 dest�°csy any
�ii�plicate �u�slic �•ecards t1�at a�•e e�cee��pt or col�tcdes�tia[ �ta�i e�ee,�pk fr�r�m p��ablic r°ecords disclosiu°e
;�ec�uicemeizts. �ngi�7eer sh�l1 be eiztil(ed ta retaij� a co�ies ol' doc�m7e��ts it c� fo'° i ���u��oses,
�74.11°Sit�tlt t0 t�1� i'8{�ti1i'�171�17tS Ot t�11S !�d'CIC�� 111C{ {��17(?$E:1' � ��, �°J(�J'PC�t7 �/C712d1C'S. �f �11billeei' �C�f�S at1C{
»�ait�taii�s public r�ecaf upon compietio�� of tl�e Agz•ee�nei�t, Er��i��ee�• shalE meet ail applicable
reqci;a•e�nents fos• retaining public recos•ds. lZecc�rds tl�at are stoi°ed electronically ��z�tst be pravicied to
Village, upan rec�uesi from Viilage's custodia�� af pz�blic �•ecords, in a for�nat that is con�}�atible aviti�
Village's i��formation teclanofog} s_ystems.
�� ���Ii'�LET� HA� �L'ES`I'IC)1�S �EGA IN�G TH� AFPLICATION �F
��P'�'� � 19, �"I,t�RYDr� STATCt`i'��, TC� EN�INEE�'S I�IJT� TQ
`- - � ♦ �Li�t ���jJltl._. �E����� RE�A�YN13 T� l�I� fl� �141�1���
P AJ�1'1�1J ��i���i.�� l�le i A1J�1'A�A.J 1.��:���(�' �a'1��1WU �YJ47���1��
�'�R 1'��, �ILI,A�E, �'�' �561} 76�-0685, C?R AT imcwettiams(r�r,teg��staaor°�,
4JR AT 345 `I'F�Qi.TES'T� DRTVE, T���JES'I'A., FLt�RII�� 3��69.
AR'I'ICLF 2S - ENTIRI��'Y 4F AGRE�MENT
T?�e Viilage and EsZgineer a�ree tllat t91is Agreetrtent, incl�iding E�I�ibit "A" Fee Schzdule;
E�l�ibit "B" EngineeB's Propasal siiba��itted in respo�ise to �illaQe's RF{�!, ��I�ich is l�ereby incorpoa°ated
eF�tra tl�is Agreement; anc3 all B•ec�uire� insus•anee, licenses and approvals required by this t�gre����ent sets
;ort6� tl�e eiztire a�reen�ent between t11e parties, and that ±here are no promises or understandings otl�er
ttzaYi tlzt�se stated l�erein. Rlone of t[�e pravisions, terons and canditiQns co►�tained in this Agreement anay
be added to, tt�adified, s��perseded or at(�erwise aEtered exc�pt by `vritten instrirmenr, executed b}° tl�e
pat�'ses hereto.
[REMAINDE-R OF P�GE INTEN�'It�NALLY LEFT BLANK�
Page 9 af 10
_ ___
IN WITNESS WHERE�F tl�e pacties i�ave l�erei4nto set theit ha��ds tlle day at�d year first
above ��Jritrten.
Viila�e of Tequestaa
.�TTCST:
-- - - -
Abigail Brena�ar�, Mayor
- — -- - - -
Loe•i McWilliams� MMC. Village Clerk {SEAL)
Approved as to tarm and legai
sufficienc�
_ - -- -
- Keitl� W. Davis Esc�., Village Attorney
W[TNESSES: Kimley Horn & Associates, Inc.
_ . _. . . - - - ..._.. _ _ -�-- '
�
{��''``�`' . - - ��� . �' _ MAM,��S
�� ._ _,� Bryan T. Rapp ' re4i � C�
--_. _. -�- �: _ ~_�-� � - } S �' �i
� ��� (Corporate Se� �j �L y
� ��
NC ��
Page 10 of 14
Kimley�>�Horr�
EXHIBIT "A"
VILLAGE OF TEQUESTA
BiLLING RATE SCHEDULE
EFFEGTIVE JULY 1, 2015
STAFF CATEGC?RY HOURLY RATES
PRiNC1PAL N/A
PR4JECT MANRGER $225
SENIOR PROFESSiONAL $205
PROFESSIONAL $� 75
ANALYST �� ��
DESIGNER / (NSPECTOR $120
CADD OPERATOR $gp
ADMfNISTRATIVE SUPP(�RT STAFF $75
w �VLJ 1L.J:
13eginning on )uly 1, Zt)17 Cansultant'� haurl� rateb �vili i�e increased r�va percent ? per pear
on �u15� S st of each ti
<ln asnounr corresponding to �.5 '�vill be added to t��€� biling rates for miscellaneous experzses.
� ` « � �� - - r :i•: ir=
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, GtS, 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,
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 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 March 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(c'�tequesta.org.
Lori McWilliams, Village Clerk
Dated: January 12, 2016
Published: Palm Beach Post
1. 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 Village� 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�s website at
_ www.tequesta.org. 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.
1.3 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 (DFV� 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 between 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 O�ce 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".
II. 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. Rny 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
�. 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)
FirmlTeam 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 of 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 with 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 viotation 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 Official; 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:
Evaluators
- Total
Score for Keith
All Mock Florida Calvin, and Kim[ey
Categories Roos CAP?EC Mathews Engenuity Technical 6iordano WRMA Scfinars Horn MBY
English 95A0 90.00 $9.00 98.00 87.00 85.00 97.00 92.00 96.OQ 89.00
Chambers 90.00 79.00 89.00 81.00 74.00 86.00 80.00 80.00 85:Ut� 76.00
Heady 93.OQ 83.00 91.00 88.00 89.00 90.00 83.00 90.00 92:QQ 79.00
Total
Score 279.0 252A 269.t3 267.0 250.0 261A 260.0 262.0 273.D 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.