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HomeMy WebLinkAboutF - 25-06-RFQ - Professional Design Services for Main Street Park and Boat Ramp Addendum 2 Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 ADDENDUM NO. 2 November 26, 2024 25-06-RFQ Professional Design Services for Main Street Park and Boat Ramp The original Request for Qualification shall remain in full force and effect, except as modified herein, which shall take precedence over any contrary provisions in the prior documents. SECTION I: CLARIFICATIONS • N/A SECTION II: QUESTIONS 1. Question 1: We request the Client to address problematic language in RFP 25-06-RFQ. The indemnity in section/article 2.31 on page 14 does not comply with Florida Statute 725.08 by requiring a defense. Please consider rewording same to conform with the statute and deleting the requirement to “defend”. We strongly suggest and request that you modify this language to make it compliant to FL Statutes. Suggested language per FL Statutes 725.08: “The design professional shall indemnify and hold harmless the agency, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract.” Answer: The indemnity in section/article 2.32 on page 14 does comply with Florida statutes. Our language requires the contractor and subcontractors to indemnify and hold the city harmless. By indemnifying and holding the City harmless the contractor and subcontractors are defendin g the city from third-party claims relating to damage, loss, injuries, etc. 2. Question: Will the scope of this project include any erosion control such as a seawall? Answer: No. 3. Question: In Required Form h) Truth in Negotiations Certificate and Affidavit (page 36/40), bullet 5 contains language that the firms are entering into an agreement with the City of Palm Bay. Does the City wish to issue a corrected form, or is it sufficient for us to cross out Palm Bay and add Sebastian to this form? Answer: Form H has been revised. Please see Section IV. 4. Question: Does the City want the sequential page numbers applied to sections that do not count toward the page limit, like the contents of Tab 1 Transmittal Letter and Forms and Table of Contents, or does the City only want page numbers applied to pages that count toward the 25- page limit? Answer: Provide sequential page numbers on all sections. Finance Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 5. Question: Does the City have any relevant geotechnical or bathymetric survey data for the project area? If so, please describe or provide. Answer: No. SECTION III: REVISIONS TO THE SCOPE OF WORK • N/A SECTION IV: ATTACHMENTS • Revised Truth-In Negotiation Certificate and Affidavit o Included on page 3 of this addendum. Sincerely, Jessica Graham, CPPB Procurement/Contracts Manager Acknowledgment of Addendum No. 2 by Contractor The Respondent hereby acknowledges receipt of the following Addendum: This addendum shall be completed and signed by an authorized representative and returned with the solicitation submittal. The Acknowledgment of the addendum receipt will become an integral part of the solicitation document. Acknowledging receipt of this Addendum, the undersigned understands and accepts the foregoing solicitation changes and clarifications. All other bid terms, conditions, and specifications as originally issued remain unchanged _________________________________ ______________________________________ Printed Name Signature _________________________________ ______________________________________ Title Date 25-06-RFQ Page 35 of 40 TRUTH-IN-NEGOTIATION CERTIFICATE AND AFFIDAVIT STATE OF COUNTY OF Before me, the undersigned authority, personally appeared affiant, __________________, who being first duly sworn, deposes and says: 1. That the undersigned firm is furnishing this Truth in Negotiation Certificate pursuant to Section 287.055(5)(a) of the Florida Statutes for the undersigned firm to receive an agreement for professional services with the City of Sebastian, Indian River County, Florida. 2. That the undersigned firm is a corporation which engages in furnishing professional architecture, engineering, and surveying and mapping services and is entering into an agreement with the City of Sebastian, Indian River County, Florida to provide professional services. 3. That the undersigned firm has furnished the City of Sebastian, Indian River County, Florid a detailed analysis of the cost of the professional services required for the project. 4. That the wage rate information and other factual unit cost, which the undersigned firm furnished, were accurate, complete and current at the time the undersigned firm and the City of Sebastian entered into the agreement for professional services on the project. 5. That the agreement which the undersigned firm and the City of Sebastian entered into on this job contained a provision that the original agreement price and any additions thereto shall be adjusted to include any significant sums by which the City of Sebastian determines the agreement price was increased due to inaccurate, incomplete or non-current wage rates or other factual unit cost and that all such agreement adjustments shall be made within one year following the end of the agreement. FURTHER AFFIANT SAYETH NAUGHT. Authorized Signature Title Company Date [Notary Page to Follow] 25-06-RFQ Page 36 of 40 The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online notarization, this _______ day of _______________, _______ (year) by _____________________________, who is personally known to me or who has produced _______________________________ as identification and who did (did not) take an oath. WITNESS my hand and official seal in the State and County last aforesaid this _______ day of _______________, _______ (year). ______________________ (Signature of Notary Public) ______________________ (Name of Notary – Typed, printed or stamped) ______________________ (Notary Seal / Serial Number) ______________________ (Date) FAILURE TO COMPLETE AND SUBMIT THIS FORM MAY RESULT IN THE REJECTION OF YOUR SUBMITTAL.