Addendum_3.pdf
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- Solicitation number
- RFQ-8-25-07
- Issued by
- Brevard County, Florida
About this file
Addendum 3 is issued by Brevard County Purchasing Services for the Professional Engineering Continuing Consultant Services Request for Qualifications (RFQ-8-25-07) related to Stormwater Master Planning & Analysis and Pollution and Flood Reduction Design Projects. The addendum changes the deadline for final questions to Tuesday, January 21, 2025 at 5:00 pm and shifts the proposal opening date to Friday, February 7, 2025 at 10:00 am. The document addresses multiple clarification questions from potential bidders, including guidance on project experience submissions (six projects per service line), resume formatting (two-page resumes allowed), and details about the submission requirements.
The addendum primarily focuses on responding to potential contractors' questions about contract terms, particularly around indemnification, warranties, and insurance requirements. For most substantive contract modification requests, the county's response is consistent: "Contract terms may be negotiated after the lowest responsible bidder has been determined." The county maintains a firm stance on existing contract language, declining requests to modify indemnification clauses, warranty terms, and other contractual provisions. Notably, the county allows projects currently in design to be included in the experience section and permits two-page resumes, providing some flexibility within the RFQ process while maintaining strict guidelines on core contract elements.
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Text version
Purchasing Services 2725 Judge Fran Jamieson Way
Building C, Room 303 Viera, Florida 32940
Professional Engineering Continuing Consultant Services for Stormwater Master Planning & Analysis and Pollution and Flood Reduction Design Projects
RFQ-8-25-07
January 16, 2025
Addendum 3
TO ALL PROSPECTIVE CONTRACTORS
This is Addendum 3 and shall be considered as part of the original advertisement package for the above-mentioned Request for Qualifications. Consultants are requested to acknowledge receipt of this Addendum with their submission.
CLARIFICATION TO QUESTIONS ASKED RECEIVED:
1. Question: There are three indemnifications (General Condition #17 on p. 4 of the RFQ, p. 23 of the RFQ, and Section 24 of the draft contract). Will the County consider changing these indemnifications to match the Florida statutes and to align with professional liability insurance policies?
Response: No.
2. Question: Warranties are appropriate for construction work. Warranties for design work are not insurable under professional liability insurance policies. Will the County strike “and/or services” from General Condition #22 Warranty on p. 5 of the RFQ so the County can avail itself of the Consultant’s professional liability insurance coverage in the event of a claim?
Response: No.
3. Question: Indemnification and Insurance Requirements, p. 23 of RFQ and Section 24 of the draft contract. Will the County change the additional insured requirement to also accept a waiver of subrogation in lieu of additional insured status on the professional liability policy? Professional liability insurance policies do not allow additional insured parties to be named.
Response: Contract terms may be negotiated after the lowest responsible bidder has been determined.
4. Question: Indemnification and Insurance Requirements, p. 23 of RFQ and Section 24 of the draft contract. Will the County change the additional insured requirement to also accept a waiver of subrogation in lieu of additional insured status on the professional liability policy? Professional liability insurance policies do not allow additional insured parties to be named.
o Section 4 – Consultant Responsibilities. Modify “The Consultant warrants the adequacy of the final design…” to “The Consultant shall be responsible for the adequacy of the final design…” o Section 4, (12). Modify “shall not be deemed to diminish the Consultant's warranty set forth in this Contract” to “shall not be deemed to diminish the Consultant's obligations set forth in this Contract.”
Engineering Continuing Consultant Services
RFQ-8-25-07
January 16, 2025 Addendum 3 – Page Two o Section 17 – Quality Control. Modify “The Consultant warrants a high level of quality control and accuracy” to “The Consultant is responsible for the standard level of quality control and accuracy.” “A high level” elevates the standard of care, which is also uninsurable.
5. Question: Regarding the Contract:
a. Is the County willing to modify the indemnification provision to exclude the requirement in the case of negligence by the County?
b. Is the second sentence of Section 4 of the contract able to be removed or modified?
c. Is the County willing to modify Section 16 of the County contract to state that the contractor shall not be responsible for any revisions, corrections, amendments, and derivative works by a third party?
d. Is the County willing to include the following language: PURSUANT TO FLORIDA STATUTE
§558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY
LIABLE FOR NEGLIGENCE.
6. Question: Regarding Tab 5: Related Experience:
a. Would the County allow projects up to 10 years old instead of 5?
b. Is it acceptable to include projects currently in design?
c. Addendum 1, question 12 states that 6 projects per service may be included. Addendum 2, question 10 states that no more than 6 projects may be included. Is the total number of projects allowed 6, or 6 per service for a total of 12?
Response:
a. No.
b. Yes.
c. Six projects per service.
7. Question: Can you please verify that the number of projects allowed to be provided in Tab 5 are twelve
(12) total, six (6) for each service line?
Response: Six projects per service is correct.
8. Question: Can you please verify if two-page resumes are allowed?
Response: Two page resumes are allowed. Double sided will be one sheet front and back. Single sided will be two pages each typed in the front only.
9. Question: Can the opening date be extended to February 14th?
Response: We will consider February 7th.
Engineering Continuing Consultant Services
RFQ-8-25-07
January 16, 2025 Addendum 3 – Page Three
ADDITIONAL INFORMATION:
The deadline for Final Questions has changed to Tuesday, January 21, 2025 at 5:00 pm. No further questions considered after this date and time.
Please note that the proposal opening date and time has changed to Friday, February 7, 2025 @ 10:00 am.
All other terms and conditions remain unchanged.
Sincerely, Mary Bowers Purchasing Manager
END OF ADDENDUM NO. 3
| Professional Engineering Continuing Consultant Services for Stormwater Master Planning & Analysis and Pollution and Flood Reduction Design Projects |
| RFQ-8-25-07 |
| January 16, 2025 |
| Addendum 3 |
| TO ALL PROSPECTIVE CONTRACTORS |
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