DeSoto County Engineering Services – Engineer of Record

SECTION 1. PURPOSE: The DeSoto County Board of County Commissioners are seeking a Professional Services Continuing Contract, in accordance with FSS 287.055, the Consultant's Competitive Negotiations Act (CCNA), from a qualified CONSULTANT able to demonstrate substantial experience pertaining to General Civil Engineering, Design, Construction, and Engineering pertaining to governmental operations including but not limited to traffic, roads, bridges, facilities, drainage and storm water management, project permitting, water, wastewater, and reclaimed water systems. The successful candidate will provide high quality Professional Engineering Services as the DeSoto County Engineer of Record serving various County Departments on an as needed basis. SECTION 2. SCOPE OF SERVICES: A. It is the expectation of the County that the Engineer of Record will be capable of performing services under the following categories: • Civil Engineering • Structural • Environmental • Geographic Information Systems • Water, Wastewater, and reclaimed water • Water Resources/Storm water • Value Engineering • Drainage issues • Traffic Engineering • Construction Project Management • Construction Inspection Services • Project permitting B. Engineering services to be provided by CONSULTANT may include: • Pre-Design Services Phase • Data Collection and programming for the project. • Conduct or participate in Project coordination meetings with local agencies and owner representatives. • Review, meet with, and present to Stakeholders, neighborhood and community charities, agencies and other groups about Projects and engineering services being performed, as requested. • Prepare a scope design concept or preliminary design • Site Analysis Services • Site studies - environmental • Site studies - Traffic • Preparation of site plans • Attend meetings with public utilities, as requested • Prepare a conceptual design and cost estimate • Attend public hearings and meetings related to the projects unless otherwise instructed • Conduct necessary field reviews • Assist the COUNTY in the preparation of all necessary and required documents for State and Federal Grants, including Disadvantaged Business Enterprise (DBE) plan and goals, and exhibits • Submit final preliminary phase documents and recommendations to COUNTY for review and approval prior to finalization • Meet with Purchasing Division to review procurement checklists and requirements • Schedule and attend meetings and design conferences to obtain information and to coordinate or resolve design matters • Prepare necessary reports and recommendations • Prepare plans, specifications, and cost estimates as required • Conduct a detailed Value Engineering analysis, if applicable and if requested • Print, bind as necessary, and provide all copies of Engineering drawings and contract specifications • Submit Permit Applications to and respond to all subsequent Requests for Additional Information from State, Federal, and Local reviewing agencies, as required • Assist the Purchasing Division with the preparation of all bid documents as requested • Be present at pertinent pre-bid meetings, upon request • Provide answers to questions from the pre-bid meeting and addenda as requested • Conduct a pre-construction conference and follow up as needed • Provide construction inspection of the project as requested by the Project Manager • Provide quality control (testing) services utilizing a qualified testing laboratory located in the State of Florida as approved by the COUNTY • Conduct regularly scheduled project status meetings on a schedule determined by the COUNTY and provide meeting minutes to the COUNTY for its review and approval prior to distribution • Review and recommend approval to the COUNTY of Contractor's quantities and pay requests • Assist in Budget preparation as requested • Perform all other services as identified by the County Development Director as relates to Engineering services or project management C. DeSoto County maintains a good working relationship with multiple agencies. These agencies fund a large portion of the County's Capital Improvement Program. It is imperative the CONSULTANT work diligently to maintain those relationships as not to jeopardize future funding being available to the County. Some of these funding sources include: • Florida Department of Transportation (FDOT) Grants - SCRAP/SCOP and LAP • State Revolving Funds (SRF) Loans • Water Management District Grants and Awards • Legislative Grants and Awards • Florida Fish and Wildlife As a result, projects may be subject, but not limited, to the following: • Florida Department of Transportation regulations • Florida Department of Environmental Protection regulations • Water Management District regulations SECTION 3. ADDITIONAL REQUIREMENTS A. The relationship between the CONSULTANT to the COUNTY will be that of a professional Consultant, and the CONSULTANT will provide the professional and technical services required in accordance with acceptable Engineering practices and ethical standards. No employer/employee relationships shall be deemed to be established, and the CONSULTANT, its agents, and employees shall be independent contractors at all times. In the performance of services under this Agreement, the CONSULTANT must coordinate with COUNTY staff to minimize hours for these types of services. B. Professional and Technical Services: It shall be the responsibility of the CONSULTANT to advise the COUNTY of solutions to design problems and the approach or technique to be used toward accomplishment of the COUNTY'S objectives as set forth in this Scope of Services. C. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations, codes, and rules and the coordination with all appropriate agencies of all designs, drawings, specifications, reports, and other services furnished by the CONSULTANT. If the COUNTY determines there are any errors, omissions, or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the COUNTY. D. Approval by the COUNTY of drawings, designs, specifications, reports, and incidental Engineering work or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The COUNTY'S review, approval, or acceptance of or payment for any of the services shall not be construed to operate as a waiver of any rights or of any cause of action arising out of the CONSULTANT's performance. E. The CONSULTANT shall be and remain liable, in accordance with applicable law, for all damages to the COUNTY caused by the CONSULTANT'S negligent performance of any of the services furnished. F. The CONSULTANT shall provide Professional Engineering services by the following two approaches: a. GENERAL ENGINEERING SERVICES: Services may be required from the CONSULTANT on an ongoing or "emergency" basis to assist the COUNTY in its daily operations. The CONSULTANT will work under the general supervision of the County Administrator, Development Director, or Departmental Directors for specific engineering projects who will provide written or verbal directions with regard to the nature of the services and any limitations regarding schedule, level of effort, or any budget constraints. General Engineering Services shall be performed in accordance with a Work Assignment specifically authorized for these services and shall contain a not-to-exceed total compensation limit. The County intends to issue a Work Assignment from the Engineering Department to compensate the CONSULTANT for a specific amount of hours spent onsite per week and an allowance to cover the hours spent coordinating and meeting offsite. Attendance at after-hours meetings may be required. This is subject to negotiations once a recommendation is made to the DeSoto County Board of County Commissioners. Additionally, the Utilities Department intends to issue Work Assignments to cover miscellaneous Engineering needs throughout the Fiscal Year. b. SPECIFIC PROJECT ENGINEERING SERVICES: Services required in support of a specific project included in the COUNTY's Capital Improvement Program as well as other Special Projects will be defined in the form of Work Assignments. Work on such tasks will not commence without the COUNTY'S review and approval of the specific Scope of Work. G. WORK ASSIGNMENTS: For work performed under this Agreement the CONSULTANT must bill under a Work Assignment. For any work billed, the hours and Scope of Work must be approved before work can commence. Work Assignments under $25,000.00 can be authorized by the County Administrator if the funds are budgeted and available. Any Work Assignment over $25,000.00 must have approval by the Board of County Commissioners. H. TERM: This will be a multiple year Agreement for an initial period of THREE (3) years commencing on the effective date of an Agreement, with an option to renew for TWO (2) additional years ONE (1) year at a time. The firm(s) selected will be responsible for assigned projects having estimated costs not exceeding the threshold amount of $2,000,000 (Construction) or $200,000 (Planning/Study) provided for in Section 287.055, Florida Statutes, or as this statute may be amended. The Agreement will remain in full effect unless otherwise terminated by the DeSoto County Board of County Commissioners. I. PRECLUSION FROM FORMAL RFQ/RFP'S: There will be some instances where the awarded CONSULTANT will be prohibited from submitting a proposal which has been formally solicited by the COUNTY. The COUNTY will require the CONSULTANT to perform in a review or advisory capacity for these projects. If a formal Solicitation is advertised, the CONSULTANT will be prohibited from submitting a Proposal as a primary or as a sub-consultant. Those instances will include: a. For any projects subject to CCNA (Competitive Consultant Negotiation Act). b. For any projects funded by the Florida Department of Transportation including but not limited to LAP, SCRAP and SCOP. This is a requirement of the F.D.O.T. which states any firm that performs Design Services for a project will not be permitted to perform CEI/Construction Administration Services. SECTION 4. GENERAL CONDITIONS: A. The COUNTY reserves the right to revise or amend this Request. Such revisions and amendments, if any, shall be announced by Addenda to this Request. Copies of such Addenda shall be furnished to all prospective Respondents and posted on Demandstar. All questions must be submitted in writing seven (7) calendar days before Solicitation opening to ensure a timely response. B. The COUNTY reserves the right to either (1) waive any minor irregularities or clerical errors which are not material to the Request or which do not prejudice other Respondents; or (2) to reject any and all Responses submitted as non-responsive. Conditional Responses or those which take exception to any provision of the Request may be considered non-responsive and may be rejected. C. Each Respondent, by submitting a Response, acknowledges the COUNTY'S legal obligation to respond to all public record requests in a timely manner and expressly waives any right to contest, impede, prevent or delay such disclosure, or to initiate any proceeding that may have the effect of impeding, preventing or delaying such disclosure, unless the Respondent establishes its right to a Public Records Exception. It is the responsibility of the Respondent alone to establish its right to any such exception. Under no circumstances will the COUNTY be responsible or liable to a Respondent or any other party as a result of disclosing any such information or materials. D. Each Respondent may clearly mark each page of the Response that contains trade secrets or other confidential commercial or financial information which the Respondent believes should not be disclosed outside of the COUNTY. Disclosure of requested information will be determined in accordance with Florida Laws, Rules and Regulations. Respondents are informed that the COUNTY is subject to the Florida Public Records and Sunshine Laws. E. The COUNTY reserves the right, in its sole and absolute discretion, to: a. Amend, suspend, or terminate this Request; b. Revise and modify, at any time prior to the Response due date, factors it will consider in evaluating Responses and to otherwise revise its evaluation methodology; c. Extend dates, time periods or deadlines in this Request; d. Reject any and all Responses in whole or in part which are non-conforming, non-responsive, or conditional Responses; e. Waive minor deficiencies, informalities, irregularities or defects in a Response; f. Suspend and/or terminate this procurement process at any time; g. Reissue the same Request or a different Request for this project; h. Hold meetings and conduct discussions and issue correspondence with one or more of the Respondents to seek an improved understanding and evaluation of the Responses to this Request; i. Use assistance of outside advisors (e.g., technical, financial, procurement and legal advisors) in the evaluation process; j. Accept Responses that in its judgment will be in the best interest of the COUNTY; k. Suspend, discontinue and/or terminate Agreement negotiations with any Respondent at any time prior to the actual authorized execution of such Agreement by all parties; and/or l. The COUNTY expressly reserves the right to exercise all rights available to it under this Section and other provisions of applicable Florida Law pertaining to this Request without incurring any liability for costs, expenses or damages of any nature whatsoever suffered or incurred by any Respondent, team member or any other person. F. Without limiting the foregoing, the COUNTY may disqualify and reject any Respondent (including its sub-consultants, affiliates, partners and parent organizations) that: a. Fails to include information in its Response required by this Request; b. Engages in conduct prohibited by this Request; c. Fails to obtain the COUNTY'S consent for any action when required by this Request; d. Is involved in pending litigation concerning the COUNTY; e. Submits false or misleading information in its Response; f. Has a conflict of interest; g. Fails to disclose any information which, if disclosed, would materially adversely affect the COUNTY'S evaluation of the Response; or h. Otherwise fails to comply with or breaches any material requirement of this Request. G. All costs and expenses incurred by a Respondent, or any person working on behalf of a Respondent, in connection with the Request, including the preparation and submission of a Response, providing additional information, attendance at meetings, and any other actions taken by a Respondent in response to the Request shall be the sole responsibility of the Respondent. The COUNTY and its agents, officers and directors shall have no responsibility or liability for any costs, damages or expenses incurred by Respondent, team members or any other person as a result of this Request. H. The issuance of this Request does not bind or obligate the COUNTY to enter into an Agreement with any person or legal entity, nor does the Request constitute an offer to enter into an Agreement with any person or entity. The COUNTY and its agents and representatives are not liable for any delays, interruptions, failure or irregularities in sending or receipt of any communications or submissions, or for the loss, misdirection or corruption of any such communication by Respondent with the COUNTY. Respondent is solely responsible for meeting all deadlines and submission requirements of this Request. I. By submitting a Response to this Request, Respondent represents that its Response has been prepared without collusion or fraud and in fair competition with other Respondents, without any restraint on free competition, and acknowledges that the COUNTY is acting in reliance upon that representation.