Municipal Service Benefit District P.O. Box Doctors Inlet, FL 32030
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1 Municipal Service Benefit District P.O. Box Doctors Inlet, FL LAKE ASBURY MUNICIPAL SERVICE BENEFIT DISTRICT (LAMSBD) REQUEST FOR DISTRICT ENGINEER QUALIFICATIONS SUBMITTAL DUE DATE: October 25,2010 I LAMSBD - Background The Lake Asbury Municipal Service District (LAMSBD) is an independent special district of the State of Florida, created by the Florida Legislature in The District is located in Clay County, Florida. Area map is attached as an exhibit. LAMSBD Charter (Chapter and Amendment Chapter ) are located on the LAMSBD Web Site LAMSBD purpose is the continuing maintenance of the lakes and dams known Lake Asbury, South Lake Asbury and Lake Ryan in Clay County, Florida. District assets: Three lakes and dams and one lot on Lake Asbury. There are approx 430 families (District Members) living on approx 447 lake lots located on three lakes. Lake Asbury & Dam located at Lake Asbury Dr, Green Cove Springs, FL 32043, 111 acres, dam built 1965 with one spillway South Lake Asbury & Dam located at Branscomb Road, Green Cove Springs, FL, 32043, 70 acres, dam built in 1967 with no spillway. Lake Ryan & Dam located at Lake Asbury Dr, Green Cove Springs, FL 32043, 6 acres, dam built in 1970 with no spillway.
2 DISTRICT CONCERNS Maintaining our aging dams, while protecting property values and insuring a great quality of life. PURPOSE LAMSBD is soliciting Qualifications from qualified Engineering Firms to serve as its District Engineer. Any Engineering Firm interested in serving as the District Engineer should submit a Qualifications Packet pursuant to the terms and conditions set forth herein. It is the intent of LAMSBD to comply with the provisions of the Consultants Competitive Negotiation Act (CCNA), Section , Florida Statutes. LAMSBD intends to select one (1) District Engineer for a term of one year with the option of five (5) one year renewals. I ' LAMSBD will enter into negotiations with the selected Engineering Firm for its provision of engineering services. Assuming a contract is successfully negotiated, the selected Firm will be engaged by LAMSBD to perform a District Engineer scope of service activities as are herein generally described. The LAMSBD Board of Trustees (the "Board") has authorized the distribution of this Request for District Engineer Qualifications (the "RFQ"). LAMSBD will evaluate the Qualifications and rank the Engineering Firms based on the selection criteria outlined in the Qualifications Packet. The top three Firms will be requested to conduct an oral presentation of no more than ten (10) minutes in length followed by five {5) minutes for questions and answers before the District's Board of Trustees at their meeting on or about November 8, The Firms ranked in the top three by staff will be notified of their ranking one week prior to the District's Board of Trustee's meeting. If only four (4) submittals are received, all four (4) Firms will be requested to conduct an oral presentation before the Board. INSTRUCTIONS Ten (10) copies of the Engineering Firm's Qualifications LAMSBD and addressed to the attention of: should be submitted in a sealed form to Carl E Kocher, Chairman Lake Asbury Municipal Service Benefit District P. O. Box Doctors Inlet, FL
3 The Sealed Qualifications Package must be marked: "Request for LAMSBD District Engineer Qualifications" and delivered to the above address and received by LAMSBD no later than 5:00 p.m. Clay County (EDST) on the "Submittal Due Date". Qualifications Packets delivered to LAMSBD prior to the Submittal Due Date will be secured unopened so long as the Qualifications Package is properly marked as set forth above. Late Qualifications Packages will not be accepted, will be marked "TOO LATE" and returned unopened. Qualifications must be typed or printed in ink. A single disc PDF file of the entire transmittal should also be included with the Qualifications Package. AIl corrections made by a Firm prior to the opening of a Sealed Qualifications Package must be initialed and dated by the Firm. No changes or corrections will be allowed after the Submittal Due Date. Each Firm should carefully examine the RFQ, including Qualifications Packet, and may make a written request to LAMSBD's Chairman for interpretations or corrections of any ambiguity, inconsistency or error. Only written responses issued by the Chairman should be relied upon, and reasonable efforts will be made to distribute all written responses issued by the Chairman to everyone who obtains a Qualifications Packet from LAMSBD. The questions and answers will be posted on Once the RFQ is advertised, no applicant or individual acting on behalf of the applicant shall lobby the District's personnel or District Board members. Lobbying District Board members or District personnel will result in rejection/disqualification' of the offending Firm's RFQ. For purposes of this Policy, "lobbying" is defined as any action taken by an individual, firm, association, joint venture partnership, syndicate, corporation and all other groups who seek to influence the governmental decision of a Board member or District personnel after the release of the RFQ and prior to time that an award recommendation is posted. Qualifications Packets should be prepared simply and economically, and provide straight forward and concise information which satisfies the requirements of this RFQ. Emphasis should be placed on the completeness and clarity of the content. LAMSBD shall not be liable for any expenses incurred in the preparation or presentation of the Qualifications. The Qualifications Packet must contain a manual signature of an authorized representative of the responding Firm on a letter of transmittal.. TIMETABLE LAMSBD has established the following timetable for selection of the District Engineer; however the schedule is subject to change at the discretion oflamsbd. Qualifications Packets are due at or before 5:00 p.m., (EDST) on October 25, 2010 (the "Submittal Due Date") The firms ranked in the top three by Staff will be notified on or about October 29,2010, of their selection and that they will be asked to make an oral presentation to the LAMSBD Board at or about November 8, 2010 at 6:30 p. m. (EDST)at LAMSBD's Board Meeting, 282 Branscomb Road, Green Cove Springs, FL Final selection shall take place at that meeting. 3
4 QUALIFICATIONS REQUIREMENTS Qualifications Packets should contain ONLY the following requested information and be organized in the same order as presented below, with each response to appear on either a separate page(s) or in a separate section. Information not specifically requested will be deemed non responsive and rejected as part of the selection process. Transmittal Letter: Each Qualifications Package should contain a letter of transmittal on firm's letterhead not exceeding one (1) page which is signed by a representative of the firm authorized to commit to the firm's qualifications. The transmittal letter shall identify the person in the firm who shall serve as the authorized contact. Firm Qualifications: Please discuss the qualifications of your firm (not to exceed one page) to provide the required engineering services. The District Engineer is a required position pursuant to Section , Florida Statutes, and the services to be provided by the District Engineer include but are not limited to: the provision of services on behalf of the District's Board of Trustees pursuant to applicable provisions of Chapter 298, Florida Statutes, and Chapter , Laws of Florida as amended, (the District's enabling legislation); attendance at one or more monthly District Board of Trustees in order to coordinate, consult and provide professional advice on an "as needed" basis; preparation and provision of required annual reports, Plans of Improvement and related Reports of Engineer for Units of Development; provision of and consultation on technical engineering standards; technica1 representations before and with other governmental agencies and entities and the provision of such other engineering services as may be requested by LAMSBD. Please be advised that "joint venture" or "team" submittals are not acceptable, therefore all applicants must identify their organization's structure (i.e., corporation, partnership, etc.) and provide the names of officers and principals, date of organization and where incorporated or formed. Firms must provide a brief one paragraph description of the general character of work performed with a primary emphasis on general civil engineering. Personnel: Provide an outline of the proposed personnel, structure of the typical project team and a brief description of their qualifications (not to exceed three (3) pages in total). Provide a resume of only the principal engineer(s) that will be in charge of LAMSBD's projects including the individuals to be assigned Permit and Plat review. Evidence of possession of required licenses and/or business permits must be provided. MBE, WBE or SBE Certificate, if applicable, please provide. Client References: Provide a one (1) page list of client references, with names, addresses and the contact person. 4
5 Insurance: Each response should contain a statement regarding the amount of the firm's general liability insurance and errors and omissions (i.e. professional) insurance. Insurance Requirements are attached. Business Ethics: Disclose (i) any circumstance where conduct of your firm or that of it's Principal's are being investigated by any legal or administrative agency; (ii) any adverse decision or settlement with any legal or administrative body; and (iii) identify any substantive failure in the proper performance of any award or delivery on time of contracts of a similar nature as described above. Firm Ethics: Disclose firm policies and procedures to prevent ethical violations. Discuss specific staff responsibilities and management commitment. Required Disclosure: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public works, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section , Florida Statutes, for Category Two, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Other Disclosure: Applicants must answer the following question: "Has the firm ever been asked to resign, voluntarily resigned or withdrew from a project, contract or agreement within the past five years? If so, where and why? Anti-Kickback Affidavit: The attached affidavit must be completed, signed and included in each applicant's submittal. Non-Collusion Affidavit: The attached affidavit must be completed, signed and included in each applicant's submittal. LEGAL REOIDREMENTS Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the matters covered herein shall apply. Lack of knowledge by a firm shall in no way be cause for relief from responsibility. Firms are to be in full compliance with the following laws specifically, but not limited to: (i) Conflict of Interest, (ii) Government in Sunshine Laws, and (iii) Florida Public Records Law. Firms doing business with LAMSBD are prohibited from discriminating against any employee, applicant, or client because of race, creed, national origin, sex or age with regard to but not limited to the following: employment practices, rates of payor other compensation methods and training selection. 5
6 Each engineering firm applicant shall warrant that it has not employed or retained any person, other than a bona fide employee working solely for the Engineer, to solicit or secure its selection for the contract. Further, each Engineering Firm applicant shall warrant that it has not paid or agreed to pay any person, other than a bona fide employee working solely for said Engineering Firm, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making its selection for this contract. For breach of this warranty, LAMSBD may reject an application or terminate its contract with the selected firm without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift or other consideration. PUBLIC RECORDS Responses to this RFQ are public records after the opening of the Sealed Qualifications and are subject to Florida Statutes (1) (b). Package f ACCEPTANCEIREJECTION LAMSBD reserves the right to accept or reject any or all Qualifications Packets and to select the submittal(s) which, in the opinion of LAMSBD, will be in the best interest of LAMSBD and its taxpayers. LAMSBD also reserves the right to reject the response of any firm which has previously failed in the proper performance of any award or to deliver on time contracts of a similar nature or which is not in a position to perform properly the duties of a District Engineer. SELECTION CRITERIA 1. Ability of Professional Personnel: Consideration will be given to firms that possess a high degree of qualifications in civil and hydrologic engineering. Consideration will also be given to firm philosophies, procedures for quality control, adequacy of personnel and areas of expertise and experience with smaller local governments. 2. MBE, WBE, SBE: Consideration will be given to those small business enterprises that would be eligible for certification as such by LAMSBD and they shall have the maximum practical opportunity to participate in the competitive process of supplying services to LAMSBD. 3. Past Performance: Consideration will be given to the amount of work performed in Clay County during the recent past. Consideration will also be given to firms that have previous experience with LAMSBD and/or other similar taxing districts (i.e., Chapter 298 districts, water control districts and other independent taxing districts). 4. Ability to Meet Time and Budget Requirements. 5. Location: Consideration will be given to firms with offices within the boundaries of Clay County, less for offices in other counties, etc. Therefore, firms must provide the location of its office(s) and indicate whether it is the main office, the only office, branch office, etc. Overall firms must be located within 50 miles oflamsbd. 6
7 6. Recent, Current and Projected Workloads. 7. Volume of Work. Consideration will be given to the amount of work previously performed in the Clay County area. 8. Quality of Responses Related to RFQ. Consideration will be given to firms who clearly and concisely respond to this RFQ. 9. Established Business. Consideration will be given to the history of the firm and the number of years the firm has been in business. 10. Extensive Permit and Plat Experience. Minimum requirement of three years hands-on Permit and Plat experience in Plan Review, review of drainage calculations, storm water monitoring and Plat review. Must provide current work samples from five different government entities (for example: FDDEP, SJRWMD, FLDOT, Cities of Middleburg, Orange Park, Green Cove Springs). I' 11. Records Management. Must comply with Florida Statutes (1)(b) regarding LAMSBD work, work product and deliverables. Records Management procedures will be agreed upon as part of engagement. LAMSBD's Board will determine the term for which the District Engineer will serve. However, the District Engineer shall be subject to annual performance reviews by LAMSBD as directed by LAMSBD's Board, and may therefore be terminated, at the Board's discretion, prior to the end of the District Engineer's contract term. The Board has determined that the District Engineer shall designate a key individual who is responsible for the management of all professional services provided by the Firm. BASIC DUTIES OF THE DISTRICT ENGINEER MAY INCLUDE: 1. Attend Board Meetings and consult with the Board on an "as needed" basis. Dayto-day "as needed" work will be managed and specifically authorized by LAMSBD. The LAMSBD Board will be apprised of authorized work through various reports, briefings and discussions. 2. Attend LAMSBD coordination meetings with Banks, Agencies with Grants, General Counsel, Bond Counsel, Financial Advisors and Bond Underwriters requested and authorized. as 3. Assist LAMSBD in the review oflake level indicators/ alarm systems.. 4. Review permits, plats, easements, agreements and legal descriptions as requested by LAMSBD; said review is to be limited to issues material to LAMSBD's interests. 7
8 5. Assist in preparation of required or requested Annual Reports, Facility Maintenance Programs, Emergency Action Plan and Public Facility Reports. 6. Assist LAMSBD in the development of technical standards and/or orientation for LAMSBD's Project Engineers, as requested. 7. Assist LAMSBD with the technical representation agencies and lake lot owners, as requested. between LAMSBD and other 8. Assist LAMSBD upon request with the budget process and maintenance program. 9. Be available to assist LAMSBD during emergency events. 10. Assist LAMSBD in coordination with other governmental agencies regarding infrastructure improvements SJRWMD and FLDEP Dam Safety Division. f I 11. ' Perform, and be responsible for, those duties required by Florida Statutes, as they relate to the District Engineer. 12. Assist LAMSBD in preparing grants in coordination with the BCC. SPECIAL INSTRUCTIONS In addition, the District Engineer (for the term of its contract) shall create, maintain and store all past, present and future engineering and survey Public Records as required by Florida Statutes in paper, Mylar and electronic (or any other) medium, as the case may be, at no additional cost to LAMSBD. Following the Board's designation of a new District Engineer, all of such engineering and survey Public Records shall be transferred to the successor District Engineer, at no cost to the successor or LAMSBD. A SEALED ENVELOPE WITH FEE SCHEDULE IS TO BE INCLUDED WITH QUALIFICATION DOCUMENT. ONLY THE TOP QUALIFING FIRM'S ENVELOPE WILL BE OPENED FOR CONSIDERATION AND NEGOGATION. All other envelopes will be returned unopened. Fees will include: Monthly fee and any other fee not covered in the monthly fee. 8
9 QUALIFICATION RANKING SCHEME 1. Location of the Firm - 20% 2. Experience of the FIRM and personnel qualifications with public infrastructure - 20% 3. Ability of FIRM to work with other agencies and LAMSBD Board - 20% 4. FIRM'S knowledge oflocal Clay County conditions - 20% 5. FIRM'S experience in assisting LAMSBD obtaining grant funding and grant management for projects - 10% 6. FIRM'S understanding of the new FLDEP Numeric Water Standards - 5% 7. FIRM'S membership in the Association of State Dam Safety Officials (ASDSO) - 5% AFFIDAVITS TO BE COMPLETED AND INCLUDED IN THE QULAIFICATION SUBMISSION: ANTI-KICKBACK AFFA VIT AND NON-COLLUSION AFFADVATT. 1 ' 9
10 , ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) COUNTY OF ~ ) SS ) I, the undersigned, hereby duly sworn, depose and say that no money or contributions have or will be paid to any officer(s) or employee(s) of the Lake Asbury Municipal Service Benefit District as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the firm, as a result of or in connection with my Firm's submittal of its affixed submittal. By: ~ _ - Name - Signature Print I. Name Title Sworn and subscribed before me this day of " 20_ NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY STAMP" 10
11 NON-COLLUSION AFFIDAVIT STATE OF FLORIDA ) COUNTY OF _ ) SS ), being first duly sworn, deposes and says that: I) He/She is of, which (Title) (Name of Corporation or Finn) has submitted the attached Qualifications Package: 2) He/She is fully informed respecting the preparation and contents of the attached Qualifications Package and of all pertinent circumstances respecting such submittal; 3) Said Qualifications Package is genuine and is not a collusive or sham Qualifications Package; 4) Further, th-e Firm nor any of the Finn's officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham Qualifications Package in connection with the District Engineer position for which the attached Qualifications Package has been submitted or to refrain from bidding in connection with such District Engineer position, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Lake Asbury Municipal Service Benefit District. By: Print Name - Signature Name _ Title Sworn and subscribed before me this day of, 20_ NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY STAMP" 11
12 Lake Asbury Municipal Service Benefit District Insurance Guidelines 1) Property and/or equipment owned by any entity must be insured to its full replacement value for loss by fire, theft, wind and other perils common to Special form property insurance. These entities can waive this requirement in writing and hold LAMSBD harmless for any loss of or damage to their property while on contract providing a service or using the lake. 2) General Liability will be provided by any entity contracted with LAMSBD. The evidence of insurance will be provided confirming coverage in amounts no less than $1,000,000 combined single limits of liability for bodily injury and property damage. Such coverage will be confirmed to include personal injury and products/completed operations liability and will name LAMSBD as additional insured. Higher liability limits could be required depending on the service. 3) Automobile Liability will be provided by any entity contracted for all owned vehicles or if there are no Vehicles, then hired and non-owned auto liability will be required. Evidence of insurance will be provided confirming coverage in amounts no less than $1,000,000 combined single limits for bodily injury or property damage. If $1,000,000 auto liability limits are not currently carried. They must submit information reflecting auto insurance carrier, policy period, limits of liability and type of coverage for approval. There may be a need for the entity to hold LAMSBD harmless in writing for any loss of or damage to their vehicles while in contract with LAMSBD. 4) Worker's Compensation will be provided by any entity to cover all employees or volunteers while contracted with LAMSBD. Evidence of insurance will be provided confirming Coverage A per Florida Statue. There will be no exception to this requirement as waivers will not be accepted.
13 r I i I LAMSBD Insurance Guidelines,Page 2 The standard limits for Coverage B, Employer's Liability is $100,000 Each Accident, $500,000 Disease-Policy and $100,000 Disease-Each Employee. Coverage B could be increased depending on the service. 5) All certificates will be held in file and updated upon each successive renewal All certificates will carry a 30 day of notice of cancellation, modification or nonrenewal, except a 10 day cancellation will be accepted for non-payment of premium. No action or service can be provided unless approved certificate and other requirements including W-9 are currently on file. No payment to any entity unless insurance requirements are met. All entities who deliver a certificate of insurance to LAMSBD providing General Liability coverage must name "LAMSBD, its committees and its volunteers, as their interests may appear" as "Additional Insured's." 6) There could be other insurance requirements based on the type of the service contracted. All entities providing a professional service must carry Professional Liability (same limits as their General Liability) For example, engineering firms must carry professional liability. 7) All hold harmless agreements need to be reviewed by our attorney. 8) In many circumstances, D & B reports, Credit Reports, Better Business Reports, etc may also be required. 9) Additional information may be required because a hold harmless from an
14 ~-- LAMSBD Insurance Guidelines, Page 3 Ill} individual, group or contractor, etc may be worthless, if they have no assets. 11) All contractors who are required to have a state license must have their license checked against State of Florida DPR records for verification and any complaints. 12) Are permits required? Who is responsible for the permit? Have the permits been filed with the appropriate authority? 13) All insurance carriers need to be A rated or higher, AM Best to be used to verify. Insurance carrier need to be approved carriers. Excess & Surplus Lines Insurance Carriers need to be approved by the Board because E & S Carriers are not guaranteed by the Florida Guaranty Fund. ALL D~VIATIONS FROM THESE RECOMMENDATIONS MUST HAVE BOARD APPROVAL. I REVISED and approved by the LAMSBD Board March 3, 2009
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