RFSQ Q&A 2324-026.pdf

Addendum – 1 APD RFSQ 2324-026

5/31/2024

TO: Prospective Vendors

FROM: Solicitation Number: RFSQ #2324-026 APD Architecture – Engineering Continuing Contracts Addendum – 1

The information referenced is provided for consideration in the preparation of your response to the above-referenced RFSQ. All terms and conditions of the RFSQ, not modified by this Addendum Number 1 shall remain in full force and effect.

Questions and Answers: See vendor submitted questions and the Agency official answers.

REFERENCE QUESTION ANSWER

1 • Is it possible to be provided a list of other entities who have downloaded the "Downloadable files for advertisement" for this project?

We are unable to provide this information as we do not maintain the VIP portal. You may reach out to Florida Department of Management Services to inquire if they are able to provide this information.

2 • Could you please advise what is project location of RFSQ-09109? Please refer to Section 1 of the RFSQ for this information.

3 • These bond requirements are usually intended for suppliers of products, but we wanted to confirm, does this apply to design firm respondents?

Yes, the bond requirement with apply for the A&E firm respondents

4 • As written in the Standard Contract on page 21 of the RFSQ, Section 7.a, the Indemnification provision is not in compliance with F.S.

725.08 for design professionals in a professional services contract with a public agency. Would the Agency please delete in its entirety

The duty to defend will be stricken. The language is otherwise in compliance.

Section 7.a and insert the following which is F.S. 725.08 compliant for a professional services contract?

The Construction Manager shall be fully liable for the actions of its agents, employees, partners, or subcontractor and shall fully indemnify or hold harmless the State and the Agency, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to any alleged act or omission by the Construction Manager, its agents, employees, partners, or subcontractor alleged to be caused in whole or in part by Construction Manager, its agents, employees, partners, or subcontractor, provided, however, that the Construction Manager shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the Agency.

5 • On page 22 of the RFSQ, in Section 7.d, the requirement of a duty to defend is not complaint with F.S. 725.08. Would the Agency please remove the language indicated in red from this provision?

Section 7.d. Is rewritten as follows:

The Construction Manager shall not be liable for any cost, expense, or compromise incurred or made by the Agency in any legal action without the Construction Manager’s prior written consent, which shall not be unreasonably withheld. The Construction Manager’s inability to evaluate liability or its evaluation of liability shall not excuse its duty indemnify after receipt of notice. Only an adjudication or judgment after the highest appeal is exhausted finding the Agency negligent shall excuse the Construction Manager of performance under this provision.

If the Construction Manager is an agency or subdivision of the State, its obligation to indemnify, defend and hold harmless the Agency shall be to the extent permitted by section 768.28, F.S. or other applicable law, and without waiving the limits of sovereign immunity.

6 • On page 26 of the RFSQ, In Section 21.a, would the Agency consider adding the language indicated in blue to this provision?

It will be presented before our Agency’s General Counsel for consideration.

7 • We have reviewed the RFQ, and note that the scope indicates that Agency for Persons with Disabilities is looking for architectural services, engineering services, construction design, drafting bid specifications, project management and

Please refer to Section 1 for this issue, as well as be aware that the sample contract is an example of the contract's appearance, however, the final contract will be drafted once a vendor is selected.

general construction management. However, we noticed that the draft contract is written specifically for a construction manager. Can you please confirm if this will be a construction or a design contract?

To the extent this Addendum gives rise to a protest, failure to file a protest within the timer prescribed in Subsection 120.57(3), Florida Statutes, or failure to post the bond or other security requirement by laws within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.