2018 11 01 RFQ Individual Project Professional Services Pavement Improvements

REQUEST FOR QUALIFICATIONS RFQ-2-0-2019/GI
PAVEMENT IMPROVEMENTS
ENGINEERING SERVICES
November 1, 2018
Manatee County Port Authority, a political subdivision of the State of Florida (hereinafter the
"Authority" or the "Port") will receive Responses from corporations, partnerships, and other
legal entities authorized to do business in the State of Florida, pursuant to F.S. 287.055,
regarding qualifications to provide professional engineering services associated with pavement
improvements throughout Port Manatee.
PRE-SUBMITTAL MEETING: A Mandatory site visit and information conference will be

held November 13, 2018, at 3:00 P.M., local time, meeting at Port Manatee Access Control, 1705
Piney Point Road, Palmetto, FL, 34221. All Responders are required to attend.
DEADLINE FOR CLARIFICATION REQUESTS: November 21, 2018 at 5:00 P.M., local
time, shall be the deadline to submit all inquiries, suggestions, or requests concerning
interpretation, clarification or additional information pertaining to this Request for Qualifications
to the Port.
TIME AND DATE DUE: Responses will be received until December 4, 2018 at 2:00 P.M.,
local time, at which time they will be opened. The public may attend the proposal opening, but
may not immediately review any proposals submitted.
EVALUATION COMMITTEE MEETING: The Evaluation Committee public meeting will be

held December 6, 2018 at 3:00 P.M., local time, at Port Manatee Access Control, 1705 Piney
Point Road, Palmetto, FL 34221.
LOBBYING: A prohibition of Lobbying is in effect. Please review the “Lobbying” subsection in

the “Parameters” section carefully to avoid violation and possible sanctions.
CONTACT FOR INFORMATION:

George F. Isiminger, P.E., Senior Director of Planning, Engineering and Environmental Affairs
Manatee County Port Authority
(941) 722-6621 (Office)
gisiminger@portmanatee.com
AUTHORIZED FOR RELEASE: ____
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Table of Contents
1. Scope of Services 4
1.1. Work 4
1.2. Project Control 5
1.3. Quality Control 5
1.4. Personnel 5
2. Selection Process 7
2.1. Evaluation Factors 7
2.2. Preliminary Ranking 7
2.3. Review of Responders and Responses 7
2.4. Selection for Negotiation 8
2.5. Award 8
3. Response Content and Submittal Requirements 9
3.1. Approach 9
3.2. Statement of Qualifications 9
3.3. Licensing 9
3.4. Background and Size 9
3.5. Staffing Plan 10
3.6. Experience by Project 10
3.7. Qualifications by Personnel 10
3.8. Economic Benefit 11
3.9. Legal Capacity 11
3.10. Willingness to Meet Time and Budget Requirements 11
3.11. Recent, Current and Projected Workload 12
3.12. Certified Minority Business Enterprise 12
Location 12
3.14. Local Office, Procurement, Hiring 12
3.15. Ownership Interests 12
3.16. Audit Authorization 13
3.17. Legal/Disciplinary Proceedings 13
3.18. Response Submittal 13
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3.19. Legal Name 13
3.20. Sealed and Marked 13
3.21. Requirements for Delivery of Responses 14
3.22. Opening Location 14
4. Parameters 15
4.1. Publication of Notices and Documents 15
4.2. Clarification, Addenda and Registration 15
4.3. Response Expenses 16
4.4. Disclosure 16
4.5. Errors and Omissions 16
4.6. Disqualification Due to Non-responsiveness 16
4.7. Reserved Rights 16
4.8. Applicable Laws 17
4.9. Code of Ethics and Conflict of Interest 17
4.10. Collusion 18
Public Entity Crimes 18
4.12. E-Verify 19
4.13. Lobbying 19
4.14. Equal Employment Opportunity 20
4.15. Americans with Disabilities Act 20
4.16. Responses from Related Parties/Multiple Responses Received from
One Responder 20
4.17. Add/Delete Services 20
4.18. Bid Protest 21
5. Negotiation of the Agreement 22
5.1. General 22
5.2. Agreement 22
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1. Scope of Services
The Port expects that this Request for Qualifications will result in an award of a contract to
provide engineering services associated with pavement improvements throughout Port Manatee.
Information on the Port is available on the Port’s website (http://portmanatee.com).
1.1. Work
The following generally describes the scope of services that will be the successful submitter’s
(hereinafter the “Engineer”) responsibility.
Various levels of improvement due to varying conditions. Some areas with poor subgrade.
Available soils information will be provided. More subsurface investigation will be needed.
The Port has an old base map that needs to be updated to be used for the plans.
The budget, including but not necessarily limited to engineering and construction, is $4,000,000.
The Engineer will perform the following:
1. Work out design parameters with the Port.

2. Perform pavement cores, SPT borings and hand auger borings as necessary to augment
existing information for pavement system design at all locations.
3. Prepare a base map for paving plans using the Port’s old CAD base map and utilities
drawings and incorporating plans from more recent projects to be provided by the Port.
4. Prepare a separate base map layer showing the Port’s selected paving areas by priority.
5. Incorporate field located utilities not already included in the map.
6. Collect and consider available information, inspect the site, consult with the Port to
understand design criteria, and perform and use geotechnical investigations.
7. Design pavement systems for all areas, including needed subbase improvements, to
budget. Prepare standard base and paving sections and sub-base capacity requirements,
and improvements needed for the specified capacity by location. Include shoulder work
for drainage.
8. Prepare final construction plans, specs, bidding and contract documents accounting for
the Port’s funding schedule (anticipated to be $2,000,000 initially, an additional
$1,000,000 October 1, 2019, and an additional $1,000,000 October 1, 2020.)
9. Perform any required permitting. No new impervious surface. DEP Tampa, not
SWFWMD, for storm water.
10. Estimate costs and plan the work according to the Port’s funding schedule.
11. Provide bidding and construction administration and construction phase engineering
services (such as kick-off and progress meetings, engineer’s recommendation on bid
selection and review of shop drawings, requests for information, change order requests,
and pay applications, and final sign-off and preparation of final record documents).
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12. Provide construction materials testing for the pavement improvements construction.
The Engineer shall perform all services in accordance with generally accepted professional
standards. The Engineer shall perform all services as expeditiously as is consistent with
professional skill and care and the orderly progress of the work. All plans, specifications,
construction contract documents, and other similar engineering, construction, and contractual
documents produced by the selected Engineer for the project shall be developed in accordance
with sound engineering principles and applicable deign criteria, and with generally accepted
professional standards. All work of any kind, shall conform to and be in compliance with, and
the engineer shall be familiar with, all applicable codes, laws, ordinances, zoning and permitting
requirements, regulations and restrictions, public notice requirements, guidelines, standards,
procedures and directives that apply to the scope and location of the project.
Grant funding requirements apply.
A model contract is attached.
Engineer selection is planned for December, 2018, with engineering contract award in January,
2019. The work is to be completed without delay.
1.2. Project Control

The Engineer shall:
1. Develop and maintain a project reporting system tracking all critical events, both scheduled
and actual, for the project. Said report shall be submitted to the Contract Manager as requested.
2. At a minimum, participate in project meetings with the Contract Manager as requested to
relate current status of overall project schedule, noting exceptions and suggesting actions
required to correct schedule exceptions.
1.3. Quality Control

The Engineer shall:
1. Assure quality and provide quality assurance and performance tracking.

2. Prepare and submit required reports to grants/regulating agencies.
3. Insure delivery schedules and the integrity of the products.
4. Be responsible for errors and omissions to the plans and specifications.
1.4. Personnel
The Engineer shall:
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1. Provide a full cadre of qualified personnel as necessary to effectively carry out its
responsibilities under this Request for Qualifications.
2. Utilize only competent personnel, who are qualified by experience and education, and
who are acceptable to the Contract Manager.
3. Change the professional personnel working on activities pursuant to the Contract only as
approved by the Contract Manager.
4. Attend project decision meetings as requested by the Contract Manager.
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2. Selection Process
Responses will be evaluated by an evaluation committee made up of Port staff. The evaluation
committee will rank the firms considered suitable by preference and prepare a recommendation
to be presented to the Manatee County Port Authority for certification and authorization to
negotiate a contract. The selection proceedings will be public meetings.
2.1. Evaluation Factors

The Authority has decidedly not deemed all consultants previously selected for continuing
contracts unqualified for consideration under this solicitation. This project is estimated to exceed
one or more of the monetary limits in 287.055 F.S.
The evaluation committee will first validate that minimum qualifications for further
consideration have been met. To qualify for any consideration, the information submitted must
contain proof of any licensing or certification which will be required by law to perform the
services described in this RFQ and demonstrate substantial, recent and verifiable experience in
performing or overseeing the performance of the services described in this RFQ. Those
Responders found to be in compliance will be considered by the evaluation committee.
The evaluation committee’s goal will be to identify the Responder(s) which will overall best
meet the needs of the Port as determined from the responses received and subsequent
investigation by the Port, and previous experience of the Port working with the Responder, if
applicable. General evaluation factors to be applied will include, but not be limited to the
following:
1. The value and amount of related experience of the Responder(s) and key personnel.
2. The perceived ability of the Responder(s) and key personnel to perform the Scope of
Services as stated in this Request for Qualifications in a high quality, timely and efficient
manner.
3. The legal, technical and financial capabilities of Responder(s).
2.2. Preliminary Ranking

An evaluation committee shall meet publicly and evaluate the response to this Request for
Qualifications and determine if any subsequent investigation is necessary. The evaluation
committee shall determine the Responder(s) qualified to be selected to negotiate an agreement
and their ranking.
2.3. Review of Responders and Responses

The Evaluation Committee may ask questions of the Responder at any Evaluation Committee
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meeting for the purposes of assuring full understanding of: (a) conformance to the solicitation
requirements, (b) the abilities of the Responder, and (c) the Response submitted. If there is only
one Evaluation Committee meeting, that may be the Responder’s only chance to address any
questions. Responders are urged to attend the Evaluation Committee meeting(s) in case there are
any questions.
2.4. Selection for Negotiation

The evaluation committee will rank the firms considered suitable by preference and prepare a
recommendation to be presented to the Manatee County Port Authority for certification and
authorization to negotiate a contract. Upon certification and authorization to negotiate a
contract, the Executive Director, or his designee, will invite the most qualified firm to enter
negotiations.
2.5. Award
Award of an agreement is subject to the successful negotiations, approval of the Manatee County
Port Authority, and may be subject to the approval of the Florida Department of Transportation.
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3. Response Content and Submittal Requirements
This section identifies specific information which must be contained within each Response.
Order the contents of the Response as listed in the following sections. Make the responses as
short and concise as will serve the purpose. This package is not intended to cost you a lot of time
and money to produce. Subjects can always be further explored during the evaluation meeting(s).
Demonstration of particular ability in addressing matters in a short and concise manner will
reflect positively.
3.1. Approach
If, and only if, you consider some particular requirement of the project out of the ordinary,
describe the matter and the proposed approach to dealing with it here.
The response to this section is not to exceed 100 words.
3.2. Statement of Qualifications

State that the Responder is qualified to perform all of the subject services. Additionally, if the
Responder is a team of multiple entities, identify which parts of the team are qualified to perform
which parts of the scope, without leaving any part of the scope out. This section is intended only
to assert and confirm qualifications, not to back up level of qualifications.
3.3. Licensing
Present proof of any licensing or certification which will be required by law to perform the
services set out in the scope of services required in this RFQ.
Simply attach copies of certification documents. Any clarification necessary is not to exceed 50
words.
3.4. Background and Size

For each member firm, state the size, in terms of number of professional personnel and number
of non-professional personnel, of the firm and the size of each office that is the main base for
personnel included in the staffing plan referenced below. Provide a general description of the
types of services provided by each office.
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3.5. Staffing Plan
Identify the designated primary contact for the Port and the key personnel required to perform
the services proposed in the Response. Provide the location of the main office of each person.
Show the information in an organization chart. Any clarification necessary is not to exceed 50
words.
3.6. Experience by Project

Provide a one-page description of each of your three most similar past projects, similar in terms
of scope and personnel in the staffing plan. In the event more than one firm is joining in making
this Response, include three similar past projects for each firm, similar in terms of the portion of
the scope in which they will be involved and personnel in the staffing plan. In addition, provide a
one-page description of each past project performed for the Port, up to the three most recent
projects.
Provide the following details for each relevant past project:
1. The name and location the project;

2. The name(s) of the firm(s) who performed the services;
3. The name and location of the client, and the name, title and telephone number for the
client’s contract manager for the project;
4. The names of the key personnel designated for the services in this RFQ who were
involved in the project and a description of their involvement;
5. The year of performance and the date the project was fully operational and accepted;
6. The specific details of the project including the components and subcontractors utilized;
7. The names and telephone numbers of the persons representing the individual agencies
with which the identified key staff directly worked; and
8. The governmental agency, if any, which verified compliance with its requirements or
standards, and the names and telephone numbers of the key persons with direct
knowledge of this process to achieve compliance.
3.7. Qualifications by Personnel

Provide a one-page description of the qualifications and experience of the principal(s) of the
firm(s) and each key person who will be professionally associated with the Port and performing
the services in the scope of this solicitation. Do not include personnel who will not have a key
role in providing services.
For each identified person, provide the following:
1. Full name;
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2. Title;
3. Professional credentials;
4. Areas of expertise;
5. Assigned roles and duties in providing services;
6. Office address;
7. Email address;
8. Telephone number;
9. Personalized resumes that identify the qualifications, training and experience of each key
personnel.
3.8. Economic Benefit

Submit a narrative explaining the direct economic benefit to Manatee County and the Port to be
realized by selecting Responder(s). Please include a discussion of the employment,
subcontracting, and support services contracting which would be procured within Manatee
County.
3.9. Legal Capacity

Provide an explanation of the Responder’s legal capacity to perform all parts of the scope of
services. Include a statement of corporate or other structure and governance, and the legal,
financial, and technical capabilities of Responder(s) relevant to performing the scope of services.
Responses may be presented by a single business entity, a joint venture, or partnership. If more
than one Responder is teaming up to file a Response, any prior work any two or more joint
Responders have done together before should be identified. Provide one-paragraph resumes of
the Responder’s significant owners, officers, or principles in charge. Provide proof that the
Responder is licensed in the State of Florida. Provide proof of professional liability insurance.
Simply provide copies of certification documents and do not include unresponsive information.
3.10. Willingness to Meet Time and Budget Requirements

State your firm’s willingness to meet a negotiated schedule and your willingness to meet the
Port’s budget requirements.
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3.11. Recent, Current and Projected Workload
State your ability and willingness, based on your workload, to perform the work without delay
due to your workload.
3.12. Certified Minority Business Enterprise

State whether your firm is a certified Minority Business Enterprise as defined by the Florida
Small and Minority Business Assistance Act, and if so, provide a copy of that certification.
3.13. Project Staff Location

Provide the location of each office that is the main base for personnel included in the staffing
plan referenced below.
3.14. Local Office, Procurement, Hiring

Describe whether the managing office will be located within the County, and detail the extent to
which County citizens receive preferential consideration for employment, and vendors located
within the County are used as suppliers of goods and services needed to perform the scope of
services.
3.15. Ownership Interests

Disclose any ownership interest in other entities involved in these services which might
reasonably be selected to perform work under the scope of services set forth in this Request for
Qualifications. This ownership disclosure shall be included, whether such ownership occurs by
the Responder through a parent, subsidiary or holding company or any other form of business
entity. Submit entity names and the percent of ownership for each.
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3.16. Audit Authorization
Provide authorization for a Port auditor and/or financial analysts to have access to your financial
records at the primary location of the business entity explained in response to item C.03.6, or
such other location as may be agreed, for the purposes of verifying your financial
representations, review and assessment of the historical and current financial capacity of your
business entity and its expected ability to meet ongoing financial obligations to the Port as
proposed in this Response to the Port. The Port’s audit and /or financial analyst agents will
report their findings in a summary report to the Port, which will be placed in the Response files
for subsequent use and review.
3.17. Legal/Disciplinary Proceedings

Identify and explain any involvement in litigation related to services provided by the Responder
or any member of the Responder. Identify and explain any professional licensure investigation
of or disciplinary action received by any member of the Responder.
3.18. Response Submittal

Complete and submit the following attachments:
1. Response Signature Form (Attachment A).

2. Public Contracting and Environmental Crimes Certification (Attachment C).
3.19. Legal Name

Responses shall clearly indicate the legal name, address and telephone number of the Responder
(company, firm, partnership, individual). Responses shall be signed above the typed or printed
name and title of the signer. The signer shall have the authority to bind the Responder to the
Response.
3.20. Sealed and Marked

One signed Original (marked Original) and Four (4) Copies (marked Copy) of your Response
shall be submitted in one sealed package, clearly marked on the outside:
“Sealed Response RFQ-2-0-2019/GI, Intermodal Cargo Yard Improvements”
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and addressed to:

300 Tampa Bay Way
Palmetto, FL 34221
3.21. Requirements for Delivery of Responses

Any responses received after the stated time and date due will not be considered. It shall be the
sole responsibility of the Responder to have its Response delivered to the Port for receipt on or
before the stated time and date due. If a Response is sent by U.S. Mail, the Responder shall be
responsible for its timely delivery to the Port. Any Response delayed by mail shall not be
considered, shall not be opened at the public opening, and arrangements shall be made for its
return at the Responder’s request and expense.
3.22. Opening Location

These responses will be opened in the Training Room at the Port Manatee Access Control Center
at 1705 Piney Point Road, Palmetto, FL 34221 (Phone: 941-722-6455), in the presence of Port
officials at the time and date stated on the cover sheet. The public may attend the Response
opening.
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4. Parameters
Responders must comply with the following instructions to be considered for selection.
4.1. Publication of Notices and Documents

Solicitations on the Port’s website: Solicitation documents and addenda related to those
solicitations are available for download in a portable document format (.PDF) file on the Port
Manatee web page, http://www.portmanatee.com, at “Bid Invitations/RFPs” either on the home
page or under the “Business” tab.
Solicitations on DemandStar: The Port also uses the DemandStar internet service to issue and
distribute solicitation documents and addenda related to those solicitations under the agency
name “Manatee County Port Authority.” The Port’s postings are available at this address:
http://www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=1860406
Participation in the DemandStar system is not a requirement for doing business with the Port.
4.2. Clarification, Addenda and Registration

Each Responder shall examine all Request for Qualifications documents and shall judge all
matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or
requests concerning interpretation, clarification or additional information pertaining to the
Request for Qualifications shall be made in writing to the Port contact for information by the
deadline for clarification requests. See page one of this document for the deadline for
clarification requests and the contact for information.
The Port shall not be responsible for oral interpretations given by any Port employee,
representative, or agent. The issuance of a written addendum by the Port is the only official
method whereby interpretation, clarification or additional information may be given.
Addenda will be posted on the Port’s website (http://portmanatee.com) and DemandStar (http://
www.demandstar.com/supplier/bids/agency_inc/bid_list.asp?f=search&mi=1860406).
It is the responsibility of each Responder to identify a single person as the sole contact regarding
this solicitation and register that person’s name and email address with the Port (see the contact
information on page one of this document) to ensure timely notification of addenda, to acquire
addenda, and to make such addenda a part of its Response, and to acknowledge receipt of same
on the Response Signature page.
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4.3. Response Expenses
All expenses for making responses to the Port are to be borne by the Responder. No payment
will be made for any responses received, or effort required of, or made by, the Responder prior to
contract commencement.
4.4. Disclosure
Upon receipt, all inquiries and responses to inquiries related to this Request for Qualifications
become “Public Records” and are subject to public disclosure consistent with Chapter 119,
Florida Statutes.
As provided by section 119.071(1)(b) of the Florida Statutes, responses become subject to

disclosure thirty (30) days after the Opening or a notice of intended award decision is made,
whichever is earlier. If the Port rejects all responses and concurrently notices its intent to reissue
the competitive solicitation, rejected responses are exempt until the Port provides notice of its
intended decision or the Port withdraws the reissued competitive solicitation. The exemption
shall not exceed 12 months after the notice of the Port’s rejection of all responses.
4.5. Errors and Omissions

Once a Response is submitted, the Port shall not accept any request by any Responder to correct
errors or omissions in the Response.
Withdrawal of Response: A Response may be withdrawn prior to the deadline for Response
receipt as identified on page one of this document, based on a written request from an authorized
representative of the firm; however, a Response may not be withdrawn after the deadline for
receipt of the Response.
4.6. Disqualification Due to Non-responsiveness

The Port reserves the right to find any Response received, which does not contain all of the
information, attachments, verification, forms or other information, non-responsive and therefore
disqualified from eligibility to proceed further in the RFQ process.
4.7. Reserved Rights

In addition to all other rights of the Port under Florida Law, the Port specifically reserves the
right to accept or reject any and/or all Responses. The Port also reserves the right to cancel the
entire Request for Qualifications, remedy or waive irregularities and technicalities in the Request
for Qualifications or Responses, and request any necessary clarifications or Response data
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without changing the terms of the Response. The Port reserves the right to award the contract to
a qualified responsible Responder submitting a responsive Response, with a resulting negotiated
agreement which is in the best interests of the Port. The Port shall be the sole judge of whether
the Response and the resulting negotiated agreement is in its best interest and its decision shall
be final. Also, the Port reserves the right to make such investigation as it deems necessary to
determine the ability of any Responder to perform the work or service requested. Information
the Port deems necessary to make this determination shall be provided by the Responder. Such
information may include, but shall not be limited to: current financial statements prepared by an
independent CPA; verification of availability of equipment and personnel; and past performance
records.
4.8. Applicable Laws

Responder must be authorized to transact business in the State of Florida. This selection process
and any resulting agreement shall be in accordance with all applicable laws and regulations of
the State of Florida and ordinances and regulations of Manatee County and Manatee County Port
Authority Policies, Chapter 7, Purchasing, as amended from time to time. Responders shall
comply with local, state, and federal directives, orders, regulations, and laws as applicable to this
Response and subsequent contract, including but not limited to Equal Employment Opportunity
(EEO), Minority Business Enterprise (MBE), and OSHA.
4.9. Code of Ethics and Conflict of Interest

With respect to this Response, if any Responder violates, directly or indirectly, the ethics
provisions of the Florida criminal or civil laws related to public procurement, including, but not
limited to, Florida Statutes Chapter 112, Part III, Code of Ethics for Public Officers and
Employees, such Responder will be disqualified from eligibility to perform the work described in
this Request for Qualifications, and may also be disqualified from furnishing future goods or
services to the Port, and from submitting any future bids, proposals or responses to supply goods
or services to the Port.
By submitting a Response, the Responder represents to the Port that it presently has no interest
and shall not acquire any interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder, as provided for in Florida Statutes Chapter
112, Part III, Code of Ethics for Public Officers and Employees. The Responder further
represents that no person having any interest shall be employed for said performance.
By submitting a Response, the Responder represents to the Port that all statements made and
materials submitted are truthful, with no relevant facts withheld. If a Responder is determined to
have been untruthful in its Response or any related presentation, such Responder will be
disqualified from eligibility to perform the work described in this Request for Qualifications, and
may also be disqualified from furnishing future goods or services to the Port, and from
submitting any future bids or proposals or responses to supply goods or services to the Port.
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4.10. Collusion
By offering a submission to this Request for Qualifications the Responder certifies the
Responder has not divulged to, discussed or compared his Response with other Responders and
has not colluded with any other Responder or parties to this Response whatsoever. Also, the
Responder certifies, and in the case of a joint Response, each party thereto certifies, as to its own
organization that in connection with this Response:
a. all prices and/or data submitted have been arrived at independently, without consultation,
communication or agreement, for the purpose of restricting competition, as to any matter relating
to such prices and/or cost data, with any other Responder or with any competitor;
b. all prices and/or cost data quoted for this Response have not been knowingly disclosed by
the Responder prior to the scheduled opening directly or indirectly to any competitor;
c. no attempt has been made or will be made by the Responder to induce any other person or
firm to submit or not to submit a Response for the purpose of restricting competition;
d. the only person or persons interested in this Response as principal or principals is/are
named therein and that no person other than therein mentioned has any interest in this Response
or in the contract to be entered into; and
e. no person or agency has been employed or retained to solicit or secure this contract upon
an agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees.
4.11. Public Entity Crimes, Discriminatory Vendors, and Scrutinized

Companies
In accordance with Section 287.133, Florida Statutes, 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
Response on a contract to provide any goods or services to a public entity, may not submit a
Response on a contract with a public entity for the construction or repair of a public building or
public work, may not submit proposals or responses on leases or real property to a public entity,
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 287.017 for Category Two for a period of 36 months
from the date of being placed on the convicted vendor list.
In accordance with Section 287.134, Florida Statutes, a person or affiliate who has been place on
the discriminator vendor list may not submit a Response on a contract to provide any goods or
services to a public entity, may not submit a Response on a contract with a public entity for the
construction or repair of a public building or public work, may not submit proposals or responses
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on lease or real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor or consultant under a contract with a public entity, and may not transact
business with any public entity for a period of 36 months from the date of being placed on the
discriminatory vendor list.
In accordance with Section 287.135, Florida Statutes, a company is ineligible to and may not bid
on , submit response for or entire into or renew a contract with a local government for goods or
services if the company is on the Scrutinized Companies that Boycott Israel List created pursuant
to section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.
To ensure compliance with the foregoing, Responders desiring to contract with the Port are
required to execute and file with the Port an affidavit, executed under the penalties of perjury,
confirming that person, entity, and any person(s) affiliated with the entity, does not have such a
record and is therefore eligible to seek and be awarded business with the Port. Responder is to
complete the attached Public Contracting and Environmental Crimes Certification and submit it
with its Response.
4.12. E-Verify
Responder shall utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the Responder during the term of the
contract.
Responder shall expressly require any subcontractors performing work or providing services
pursuant to the contract to likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the subcontractor
during the contract term.
4.13. Lobbying
After the issuance of any Request for Qualifications, prospective Responders, or any agent,
representative or person acting at the request of such Responder shall not contact, communicate
with or discuss any matter relating in any way to the Request for Qualifications with any officer,
agent or employee of the Port other than the person named on page one of this document or as
directed in the Request for Qualifications, except that nothing herein shall prohibit a Responder
from answering questions or offering clarifications when requested by the Evaluation
Committee. This prohibition includes the act of carbon copying officers, agents or employees of
the Port on email correspondence. This requirement begins with the issuance of a Request for
Qualifications, and ends upon execution of the final Contract or when the Response has been
rejected.
19
4.14. Equal Employment Opportunity
In accordance with the provisions of Title VI of the Civil Rights Act of 1964 and Title 15, Part 8
of the Code of Federal Regulations, the Port hereby notifies all prospective Responders that they
will affirmatively ensure minority business enterprises will be afforded full opportunity to
participate in response to this advertisement and will not be discriminated against on the grounds
of race, color or national origin in consideration for an award of contract.
4.15. Americans with Disabilities Act

The Manatee County Port Authority does not discriminate upon the basis of any individual’s
disability status. Anyone requiring reasonable accommodation for the public meetings specified
herein (i.e. Information Conference or Response Opening), should contact the person named on
page one of this document at least twenty four (24) hours in advance of the activity to request
accommodations.
4.16. Responses from Related Parties/Multiple Responses Received

from One Responder
Where two (2) or more related parties each submit a Response or multiple Responses are
received from one Responder, for a contract, such responses may be deemed non-responsive.
Related parties mean Responders or the principles thereof, which have a direct or indirect
ownership interest in another Responder for the same contract or in a parent company or the
principles thereof of one Responder have a direct or indirect ownership interest in another bidder
or Responder for the same contract. Membership on a Responder’s team of a firm that was also
the member of another Responder’s team would not cause the Responder to be deemed non-
responsive.
4.17. Add/Delete Services

The Port reserves the right to unilaterally add or delete services, either collectively or
individually, at the Port’s sole discretion, at any time after award has been made as may be
deemed necessary or in the best interest of the Port in fulfilling the project. In such case, the
Responder will be required to provide services to this contract in accordance with the terms,
condition, and specifications.
The Port reserves the right to request additional services relating to this contract from the
Responder. When approved by the Port as an amendment to the contract and authorized in
writing, the Responder shall provide such additional requirements as may become necessary.
20
4.18. Bid Protest
Any and all protest shall be handled in accordance with the Manatee County Port Authority
Policies, Chapter 7, Purchasing, Section 22, Bid Protests, as amended from time to time.
21
5. Negotiation of the Agreement
The Port intends to enter into a contract with the highest ranked suitable Responder with whom a
contract is successfully negotiated. Any negotiated contract requires Manatee County Port
Authority board approval.
5.1. General
The following general terms and conditions apply to the Response submitted for consideration
and the subsequent negotiations:
a. The Response will serve as a basis for negotiating an agreement, but not compel adherence
to its terms or conditions.
b. Upon submission, all responses become the property of the Port which has the right to use
any or all ideas presented in any Response submitted in response to this Request for Response
whether or not the Response is accepted.
c. All products and papers produced in the course of this engagement become the property of
the Port upon termination or completion of the engagement.
d. This project is being funded in part by the Florida Department of Transportation (FDOT)
and is subject to requirements in the Public Transportation Grant Agreement (PTGA).
5.2. Agreement
The selected Responder shall be required to negotiate an agreement, in a form and with
provisions acceptable to the Port.
Negotiated Agreements may or may not include all elements of this RFQ or the resulting
successful Response where alternative terms or conditions become more desirable to the Port,
and the parties agree to such terms.
The parties will negotiate the term of the agreement, and the circumstances in which it may be
renewed, assigned or terminated.
The parties will negotiate matters of insurance, liability, record-keeping, auditing, and all other
relevant contractual matters.
22
ATTACHMENT A
RESPONSE SIGNATURE FORM
RFQ-2-0-2019/GI, Intermodal Cargo Yard Improvements
The undersigned represents by signing the Response that he/she has the authority and
approval of the legal entity purporting to submit the Response, and that all of the facts
and responses set forth in the Response are true and correct. If the Responder is
selected by the Port to negotiate an agreement, the undersigned certifies that the
Responder’s negotiators will negotiate in good faith to establish an agreement to
provide the services described in the Scope of Services of this Request for
Qualifications.
Print or Type Responder’s Information Below:
Name of Responder Telephone Number
Street Address
Email Address Web Address
Print Name & Title of Authorized Signature of Authorized Officer

Officer
Date Signed
Acknowledge Addendum Dated:

No.
No.
No.
23
ATTACHMENT B
PORT MANATEE LOCAL PREFERENCE POLICY
(a) Whenever a responsible local business vendor and a responsible nonlocal business vendor
are found, upon the opening of bids, to have both submitted the lowest responsive bid, the bid of
the local vendor shall be awarded the contract. Should more than one responsible local business
vendor match the responsible nonlocal business vendor’s lowest responsive bid, or should no
responsible local business vendor match the lower responsive bid but two (2) or more
responsible nonlocal business vendors submit lower responsive bids for equal amounts, then the
award of the contract shall be determined by a chance drawing, coin toss, or similar tie-breaking
method conducted by the Executive Director or the Executive Director’s designee. Vendors
seeking to be recognized as local businesses for purposes of this local business preference
provision may be required by the terms of the bid announcement to certify they meet the
definition of local business as set forth in this policy.
(b) Nothing herein shall be deemed to prohibit the inclusion of requirements with respect to
operating and maintaining a local place of business in any invitation for bids when the vendor’s
location materially affects the provisions of the services or supplies that are required by the
invitation.
(c) “Local business” is defined as a business legally authorized to engage in the sale of the
goods and/or services to be procured, and which certifies within its bid that for at least six (6)
months prior to the announcement of the solicitation of bids it has maintained a physical place of
business in Manatee, DeSoto, Hardee, Hillsborough, Pinellas or Sarasota County with at least
one full-time employee at that location.
(d) Each solicitation for bids made by the Port Authority shall contain terms expressly
describing the local business preference policies of the Port Authority, and shall provide that by
electing to submit a bid pursuant to a request for bids, all vendors are deemed to understand and
agree to those policies.
(e) For all contracts for architecture, professional engineering, or other professional services
governed by Florida Statutes Section 287.055, the Consultants’ Competitive Negotiation Act, the
Port Authority may include the local business status of a firm among the factors considered when
selecting which firm are “most highly qualified.” In determining which firm is the “most
qualified” for purposes of negotiating a satisfactory contract, preference may be given to a local
business where all other relevant factors are equal.
(f) Local preference shall not apply to the following categories of contracts:
(1) Goods or services provided under a cooperative purchasing agreement or similar
“piggyback” contract;
(2) Contracts for professional services subject to Florida Statutes Section 287.055, the
Consultants’ Competitive Negotiation Act, except as provided for in subsection (e) above;
(3) Purchases or contracts which are funded, in whole or in part, by a governmental or other
24
funding entity, where the terms and conditions of receipt of the funds prohibit the preference;
(4) Purchases or contracts made pursuant to a noncompetitive award process, unless otherwise
provided by this section;
(5) Any bid announcement which specifically provides that the general local preference
policies set forth in this section are suspended due to the unique nature of the goods or services
sought, the existence of any emergency as found by either the Port Authority or Executive
Director, or where such suspension is, in the opinion of the Port Authority’s attorney, required by
law;
(6) Contracts for auditor services, unless established as a factor by the audit committee, in
accordance with Florida Statutes Section 218.391.
(g) To qualify for local preference under this section, a local business must certify to the Port
Authority that it:
(1) Has not within the five (5) years prior to the bid announcement admitted guilt, pled nolo
contendere, or been found guilty by any court or state or federal regulatory enforcement agency
of violation of any criminal law, or a law or administrative regulation regarding fraud;
(2) Is not currently subject to an unresolved citation or notice of violation from Manatee
County or a regional, state or federal regulatory agency, except citations or notices which are the
subject of a current legal appeal, as of the date of the bid announcement;
(3) Is not delinquent in the payment of any fines, liens, assessments, fees or taxes to any
governmental unit or taxing authority within Manatee County, except any such sums which are
the subject of a current legal appeal; and
(4) Is not subject to a pending debarment or suspension by the Port Authority.
25
ATTACHMENT C
PUBLIC CONTRACTING AND ENVIRONMENTAL CRIMES CERTIFICATION
SWORN STATEMENT
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to the Manatee County Port Authority (the Port)
by ________________________________________
[print individual's name and title]
For .
[name of entity submitting sworn statement]
whose business address is: _______________________________________________________
and (if applicable) its Federal Employer Identification Number (FEIN) is . If the entity has no
FEIN, include the Social Security Number of the individual signing this sworn statement:
I understand that no person or entity shall be awarded or receive a Port contract for public
improvements, procurement of goods or services (including professional services) or a Port
lease, franchise, concession or management agreement, or shall receive a grant of Port monies
unless such person or entity has submitted a written certification to the Authority that it has not:
(1) been convicted of bribery or attempting to bribe a public officer or employee of the Port, the
State of Florida, or any other public entity, including, but not limited to the Government of the
United States, any state, or any local government authority in the United States, in that officer's or
employee's official capacity; or
(2) been convicted of an agreement or collusion among bidders or prospective bidders in restraint
of freedom of competition, by agreement to bid a fixed price, or otherwise; or
(3) been convicted of a violation of an environmental law that, in the sole opinion of the Port,
reflects negatively upon the ability of the person or entity to conduct business in a responsible
manner; or
(4) made an admission of guilt of such conduct described in items (1), (2) or (3) above, which is a
matter of record, but has not been prosecuted for such conduct, or has made an admission of
guilt of such conduct, which is a matter of record, pursuant to formal prosecution. An admission
of guilt shall be construed to include a plea of nolo contendere; or
(5) where an officer, official, agent or employee of a business entity has been convicted of or has
admitted guilt to any of the crimes set forth above on behalf of such and entity and pursuant to
the direction or authorization of an official thereof (including the person committing the offense, if
he is an official of the business entity), the business shall be chargeable with the conduct herein
above set forth. A business entity shall be chargeable with the conduct of an affiliated entity,
whether wholly owned, partially owned, or one which has common ownership or a common Board
of Directors.
For purposes of this Form, business entities are affiliated if, directly or indirectly, one business
entity controls or has the power to control another business entity, or if an individual or group of
individuals controls or has the power to control both entities. Indicia of control shall include,
without limitation, interlocking management or ownership, identity of interests amount family
26
members, shared organization of a business entity following the ineligibility of a business entity
under this Article, or using substantially the same management, ownership or principles as the
ineligible entity.
Any person or entity who claims that this Article is inapplicable to him/her/it because a conviction
or judgment has been reversed by a court of competent jurisdiction, shall prove the same with
documentation satisfactory to the Port. Upon presentation of such satisfactory proof, the person
or entity shall be allowed to contract with the Port.
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE PORT IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT ANY
CONTRACT OR BUSINESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF PAYMENTS,
OR TERMINATION, OR BOTH, IF THE PORT DETERMINES THAT SUCH PERSON OR ENTITY HAS
MADE FALSE CERTIFICATION.
[Signature]
STATE OF FLORIDA
COUNTY OF
Sworn to and subscribed before me this day of , 200
by ________________________________
Personally known ________________ OR Produced Identification _____________________________

[Type of identification]
________________________________________ My commission expires ______________________.

Notary Public Signature
________________________________________________
[Print, type or stamp Commissioned name of Notary Public]
Signatory Requirement - In the case of a business entity other than a partnership or a

corporation, this affidavit shall be executed by an authorized agent of the entity. In the
case of a partnership, this affidavit shall be executed by the general partner(s). In the
case of a corporation, this affidavit shall be executed by the corporate president.
27
Attachment D
Model Contract
Port Manatee Professional Engineering Services Contract
Pavement Improvements
28
MANATEE COUNTY PORT AUTHORITY,
a political entity of the State of Florida, with offices located at Port Manatee, 300 Tampa Bay
Way, Palmetto, FL 34221, hereinafter referred to as the “Authority”, and
#CONSULTANT_NAME,
#a/an_business_type, with its principle place of business located at #business_location,

hereinafter referred to as the “Consultant,” for and in consideration of the mutual covenants of
this Contract and other good and valuable consideration hereby agree as follows:
ARTICLE 1. CONTRACT DOCUMENTS: This Contract consists of this document including

attachments, the RFQ, and Consultant’s response to the RFQ, as if all components were set forth
herein verbatim. In the event of a conflict between the terms and conditions provided in this
document including the attachments and the RFQ or response, the provisions in this document
will prevail. No amendment will be effective until and unless reduced to writing and executed
by the Parties.
To the extent that the incorporated proposal addresses any terms inconsistent with the terms of
this main Contract document, the inconsistent proposal terms do not apply.
ARTICLE 2. SCOPE OF SERVICE: The Consultant will provide services as described in

Attachment A: Scope of Services.
The Scope of Services includes all professional services related to the stated discipline
considered necessary to complete the project.
The Consultant shall perform all services in accordance with generally accepted professional
standards. No other warranty, express or implied, is made or intended. The Consultant shall
perform all services as expeditiously as is consistent with professional skill and care and the
orderly progress of the work. All work of any kind, must conform to and be in compliance with,
and the consultant shall be familiar with applicable codes, laws, ordinances, regulations and
restrictions, guidelines, standards, procedures and directives.
The Consultant recognizes that funding for this project is being made from the Florida
Department of Transportation (the “FDOT”), pursuant to Grant Agreement, Financial Project
Number 444278-1-94-01, Contract Number G1240, for the Roadway design and engineering of
Port Manatee’s rehabilitation and upgrade of roadway initiative (the “Grant”). Consultant has
reviewed the Grant and agrees to comply with all of the requirements under the Grant and
complete the Engineer’s Certification of Compliance to the Department if required by the
Authority or FDOT. Failure of the Consultant to comply with any provision of the Grant will be
1
grounds for immediate termination of this Contract and potential liability to the Port for loss of
grant money.
ARTICLE 3. COMPENSATION: The Authority shall pay the Consultant for services
performed or rendered for the Authority pursuant to the terms of this contract the amount
applicable to the portion of the services completed pursuant to the contract, including but not
limited to the related reimbursable expenses if applicable. The amount of compensation paid to
the Consultant shall in no event exceed the amount set forth in the contract. The amount of per
diem and travel expenses paid by the Authority to the Consultant must be limited to the extent set
forth in Section 112.061 of the Florida Statutes if applicable. Payment may be made by the
Authority to the Consultant based upon invoices or statements periodically (but no more than
once a month) and timely submitted by the Consultant to the Authority that sufficiently
document, itemize, and report all compensation expenses claimed. Recognizing that the
Authority is a public entity, the Consultant shall provide all of the necessary documents and
records to the Authority, the Clerk of the Circuit Court of Manatee County, Florida on behalf of
the Authority, and to any independent auditor of the Authority upon request, as necessary
pursuant to acceptable accounting standards applicable to public bodies and to provide the
necessary audit trail and justification for the Authority paying said compensation and expenses.
Compensation to the Consultant will be computed based on the percentage completed of each
task listed in Attachment A: Scope of Services and the total value of each task set forth in
Attachment B: Schedule of Values. Said compensation will be the total compensation for the
services and must contain all costs to include salaries, office operation, transportation,
equipment, overhead, general and administrative, incidental expenses, fringe benefits and
operating margin.
“Task,” as used in the Contract, refers to particular categories/groupings of services.
ARTICLE 4. REIMBURSABLE EXPENSES: All costs of providing the Scope of Services

will be the responsibility of the Consultant with the exception of reimbursement by the Authority
for the following direct costs:
1. Expense of reproduction beyond the costs associated with providing reports and routine
correspondence at the rates set forth in the Unit Rate Schedule.
2. Actual charges for long distance telephone calls, including applicable local, state and
federal taxes, but excluding those made to Manatee, Sarasota, Pinellas or Hillsborough
Counties, as documented by copies of original invoices.
3. Actual charges for application fees not specifically identified to be paid by the Authority
charged in the process of obtaining ay permits outlined in the Contract as documented by
copies of original invoices.
4. Actual charges for courier service at the request of the Authority, at rates not to exceed
$9.00 per package and to be documented by copies of original invoices.
5. Actual charges for chemistry lab supply fees.
6. Actual time for computer modeling service at rates not to exceed $12.00 per hour as
2
documented by copies of original receipts.
ARTICLE 5. SUBCONTRACTORS AND SUBCONSULTANTS: The Consultant may not

sublet, assign or transfer any work under this Contract to another associated firm, a subcontractor
or a Subconsultant without the prior written consent of the Authority in an amendatory PSA.
The Consultant shall require all associated #firm_type firms, subcontractors and Subconsultants
to adhere to the appropriate provisions of this Contract and the utilization of any such associated
#firm_type firm, subcontractor or Subconsultant by the Consultant will not relieve the
Consultant from any liability or responsibility to the Authority pursuant to the provisions of this
Contract or any duly executed PSA.
ARTICLE 6. AUTHORIZATION OF OPTIONAL OR ALTERNATIVE PROFESSIONAL

SERVICES: The Consultant shall provide services described in Attachment A: Scope of
Services as optional or alternative only after receipt of written specific authorization from the
individual or individuals authorized pursuant to the “Contract Administration” section of this
Contract.
ARTICLE 7. AUTHORIZATION OF ADDITIONAL PROFESSIONAL SERVICES: The

Consultant shall provide additional services beyond the initial Scope of Services only after
receipt of a written Professional Services Authorization (PSA) issued in accordance with this
Contract in the attached form. PSAs must be signed by the Consultant and the Authority and will
constitute supplemental agreements entered into under the terms and conditions of this Contract.
Each PSA must establish the following:
1. A PSA number;
2. A title for the project;
3. A general description of the purpose of the work;
4. A clear and concise description of each item of the scope of the services to be performed
in sufficient detail to reasonably assure both Parties as to the extent and cost of each
service to be performed;
5. The scope items to which a lump sum fee applies and the total compensation that will be
paid to the Consultant by the Authority for completion of the project services;
6. The scope items to which time charges apply and the maximum total compensation
amount to which they are limited for each scope item;
7. The maximum total amount to which reimbursement of related expenses is limited;
8. Deliverables;
9. The committed date of completion of the services, with intermediate milestone dates
where appropriate;
10. Subconsultants to be utilized, the scope items in which they will be involved, and the
above-referenced fees and expenses attributable to them;
11. Any additional details that may be required to describe the duties and obligations of the
Parties with respect to a particular PSA.
3
The Executive Director of Port Manatee may approve on behalf of the Authority additional
services PSA where the total fee, reimbursable expenses and other compensation to the
Consultant do not exceed the threshold amount set forth in the Manatee County Port Authority
Procurement Policy, as amended from time to time. Any single PSA in excess of the specified
threshold amount may not be effected, unless and until the document has been approved by the
Authority and signed on behalf of the Authority. The PSA may not be purposefully divided to
increase the delegated authority provided to the Executive Director.
The Parties shall negotiate in good faith the terms of each proposed additional services PSA. If
the Parties are not able to negotiate in good faith the terms of a particular proposed PSA, no
services shall be performed by the Consultant in reliance thereon.
Services that would be reasonably expected to be necessary at the time of initial contracting,
such as services the need for which is not contingent on factors yet to be determined, do not
qualify for additional fees.
Consultant acknowledges and agrees that time is of the essence with respect to its performance
under this Contract and any PSA.
If the project described in any PSA is suspended, canceled, or abandoned by the Authority,
without affecting any other PSA or this Contract, the Consultant must be given seven (7)
calendar days prior written notice of such action and shall be compensated for professional
services provided up to the date of suspension, cancellation or abandonment.
Port Authority approval of the Contract and any related PSA is subject to FDOT approval
pursuant to terms of the applicable grants.
ARTICLE 8. AUTHORITY COOPERATION: The Authority shall, at its sole cost, furnish to
the Consultant all reasonably available books, plans, records, studies and other documents and
information in the possession of the Authority to assist the Consultant in performing services
pursuant to this Contract. The Authority does not warrant the accuracy or completeness of the
information authored by third parties. The Consultant is responsible for independently verifying
the information contained in the documents provided.
ARTICLE 9. PROPERTY OF THE AUTHORITY: All reports, studies, plans, specifications,

maps and data prepared or obtained by the Consultant pursuant to any duly executed PSA must
become the property of the Authority and must be made available to the Authority upon request
at any reasonable time, including all finished or unfinished documents and other data prepared or
obtained by the Consultant upon the termination of this Contract in whole or in part. Consultant
may not be held liable for the accuracy or reliability of any partially completed work clearly
identified as partially completed and delivered in accordance with this provision. The Consultant
will have the right to retain reproducible copies of said documents or other data. Any reuse of
said documents or other data by the Authority without written verification or adaptation by the
Consultant for the specific use intended will be at the sole risk of the Authority and without
4
liability or legal exposure to the Consultant.
ARTICLE 10. CONTRACT ADMINISTRATION: The Authority hereby authorizes the

Executive Director of Port Manatee to administer the terms and conditions of this Contract on
behalf of the Authority and to make all managerial decisions on behalf of the Authority as they
relate to the provisions of this Contract. The Executive Director has the authority to transmit
instructions, receive information, interpret and define the policy of the Authority and decisions
pertinent to services covered by this Contract. The Executive Director has the right from time to
time to designate such other employee of the Authority as the Executive Director may deem
advisable to perform administrative and managerial functions as they relate to provisions of this
Contract.
ARTICLE 11. NOTICE: Any notice or other writings permitted or required to be delivered
under the provisions of this Contract must be in writing and be delivered by sending the notice
by personal delivery, electronic mail, U.S. regular mail, or U.S. express mail in any event with
sufficient postage affixed, and addressed as follows:
If to Authority:

300 Tampa Bay Way
Palmetto, FL 34221
Attention: Executive Director
Email: cbuqueras@portmanatee.com
If to Consultant:
#Consultant_Contact
Either party may change said address by notice in writing to the other party in the manner
provided in this Contract.
ARTICLE 12. ACCESS TO THE PORT: Access to Port Manatee is controlled pursuant to
seaport security requirements that change from time to time to comply with applicable governing
laws, rules and regulations. The Consultant is responsible for compliance with all of the
applicable seaport security requirements, including obtaining Transportation Worker
Identification Credentials (TWIC) as necessary for access to the Port to perform the services
pursuant to this Contract. Port Manatee Security Access Control at (941) 722-6455 is the
appropriate contact for information on the latest requirements. Escorts needed due to lack of
TWIC credentials will not be provided by the Authority.
ARTICLE 13. AUTHORITY REPRESENTATIONS: The Authority owns and operates public
seaport facilities in northwest Manatee County, Florida, known as “Port Manatee.”
5
The Authority conducted public announcement, qualification, competitive selection and
competitive negotiation procedures for this contract in accordance with Section 287.055 of the
Florida Statutes, the Consultants’ Competitive Negotiation Act (CCNA). The request for
proposals (RFQ-2-0-2019/GI, Intermodal Cargo Yard Improvements) (the “RFQ”) was publicly
advertised on November 1, 2018. #Number_of_submittals submittals were received by the
deadline, including the Consultant’s submittal. The submittals were publicly opened on
#Opening_date. An Evaluation Committee met publicly on #Eval_mtg_date, and reached
consensus on the short lists. The Authority certified the short-listed firms, which included the
Consultant, as qualified and authorized negotiation of the continuing contracts at its
#PA_select_date, public meeting.
The Authority has determined that it is necessary, expedient, and in its best interest to enter into
this Contract with the Consultant for the performance of professional consulting services in
connection with Port Manatee.
ARTICLE 14. CONSULTANT REPRESENTATIONS: The Consultant submitted and stands

behind its submittal in response to the above RFQ as accepted into the record of the Authority on
#Opening_date, with the knowledge that the Authority is relying thereon as an inducement for
entering into this Contract. The Consultant acknowledges that the Authority also relied upon the
Consultant’s representations identified in this Contract as an inducement for entering into this
Contract.
The Consultant is legally authorized to and, by capacity and experience, is qualified to perform
and render all of the professional consulting engineering services identified in this Contract and
the professional qualifications of the Consultant was material inducement for the Authority to
enter into this Contract with the Consultant.
The Consultant, in representing the Authority, shall promote the best interest of the Authority and
assume towards the Authority a responsible professional relationship consistent with mutual
confidence and fair dealing between Consultant and the Authority.
The Consultant warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the Consultant, to solicit or secure this Contract and that
is has not paid or agreed to pay any persons, company, corporation, individual or firm, other than
a bona fide employee working for the Consultant any fee, commission, percentage, gift, or any
other consideration, contingent upon or resulting from the award or making of this Contract.
Consultant represents that it has complied with the provision of Section 287.055(6) of the Florida
Statutes.
The Consultant currently has no potential or actual conflict of interest with respect to providing
professional services to the Authority. The Consultant agrees to notify the Authority in writing
of any commitments during the term of this Contract which may constitute a potential or actual
conflict of interest with respect to the professional services to be performed for the Authority.
The Consultant agrees that it must not knowingly engage in any contractual or professional
6
obligations that create an appearance of a conflict of interest with respect to the service provided
pursuant to this Contract.
ARTICLE 15. PROFESSIONAL SERVICES AUTHORIZATIONS FOR ADDITIONAL

SERVICES: If the Parties are not able to negotiate in good faith the terms of a particular
proposed additional services PSA, the Authority reserves the right, without prejudice to this
Contract, to negotiate for the performance of said services by another qualified firm.
The Authority reserves the right to enter into contracts with other firms for similar services and
negotiate with separate firms for separate parts of a single project. The Consultant is not
promised or guaranteed any amount of additional work or fees as part of this Contract.
ARTICLE 16. SUPPLEMENTAL SERVICES: It is the intention of this Contract to provide

for the performance and rendering of professional consulting services supplemental to any
professional consulting services rendered or performed by any other consultant for the Authority.
ARTICLE 17. TERMINATION: The Contract remains effective until the work is completed or
the Contract is otherwise terminated.
If the Authority determines that the Contract should be terminated based on the Consultant’s
performance, it may terminate the Contract or make such modification to this Contract as the
Authority may deem appropriate and to which the Consultant may agree. If the Authority
determines that the performance of the Consultant is not satisfactory, the Authority may: 1)
immediately terminating the Contract, or 2) notifying the Consultant of the deficiency with a
requirement that the deficiency be corrected within a specified time otherwise the Contract will
be terminated at the end of specified time. The Consultant will be paid only for that work
satisfactorily performed for which costs can be substantiated. All work in progress will become
the property of the Authority and will be promptly delivered to the Authority by the Consultant.
This Contract may be terminated in its entirety by either party giving at least 30 calendar days
prior written notice to the other party. If the Contract is terminated, the Consultant must continue
to perform for the remaining 30 day time period in accordance with all previous issued PSAs,
except to the extent Consultant is directed by Authority in writing to cease performance of any or
all such previously issued PSAs. The Consultant will be entitled to compensation for all services
rendered or performed on outstanding PSAs through the date of the termination together with all
costs and expenses incurred in connection therewith, but the Consultant will not be entitled to
any other or further recovery against the Authority, including, but not limited to, anticipated fees
or profit on services not required to be performed. The Authority shall determine that portion of
the fee earned for any incomplete PSA based on the ratio of such part of the PSA that has been
completed relative to the entire PSA. Any such determination must be made in the Authority’s
sole discretion.
The Consultant will be considered in material default of this Contract and such default will be
considered cause for the Authority to terminate this Contract, in whole or in part, for any of the
7
following reasons: (a) failure to begin services authorized under any particular PSA within the
time specified in that PSA, or (b) failure to properly and timely perform the services required
hereunder or as directed by the Authority, or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by Consultant or by any of Consultant’s principals,
partners, officers or directors, or (d) failure to provide access to public records, or (e) failure to
comply with the Grant, or (f) having been found to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel, or (g) failure to obey and
comply with any applicable laws, ordinances, regulations, agency agreements or other codes of
conduct, or (h) Consultant otherwise materially breaches this Contract. In any such event, the
Authority may terminate this Contract, in whole or in part, by giving Consultant seven (7)
calendar days’ written notice. In the event of any such termination, the Authority will not be
obligated to make any further payments to Consultant until such time as the Authority has
determined all direct costs, expenses, losses and damages which the Authority may have incurred
as a result of such default by Consultant, whereupon the Authority will be entitled to set off all
costs, expenses, losses and damages so incurred by the Authority against any amounts due
Consultant for services properly performed.
ARTICLE 18. MILESTONES: Milestones and related deadlines are shown in Attachment C:
Milestones. Work not completed by its deadline will be deemed unsatisfactorily performed for
the purposes of applying the standard in the Termination section. The authorization of optional
scope items will not delay or extend any milestone or deadline in any way.
ARTICLE 19. QUALITY OF PROFESSIONAL CONSULTING SERVICES: The services

must be performed by the Consultant to the reasonable satisfaction of the Authority and all
questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of
this Contract, any duly executed PSA, the prosecution fulfillment of the services in this Contract
and the character, quality, amount and value thereof which cannot be settled by mutual
agreement of the Parties will be settled by recourse to litigation under Florida law in the
appropriate court in Manatee County, Florida.
ARTICLE 20. INDEMNIFICATION: To the greatest extent permitted by law, the Consultant
shall indemnify, save and hold harmless the Authority, its officers, directors, employees, and
agents from and against claims, causes of action, lawsuits, damages, judgments, losses and
expenses, whether direct, indirect or consequential, including but not limited to, bodily injury,
sickness, disease or death, personal injury, or injury to or destruction of tangible property,
including loss of use, to the extent such claims are caused by the negligent or reckless acts or
errors or omissions, or wrongful or willful acts by the Consultant, any Subconsultant or any other
person or organization employed by Consultant to perform or furnish any of the services required
hereunder, or anyone for whose acts any of them may be liable. This indemnity must include, but
not be limited to, reasonable charges of engineers, attorneys, legal assistants, and other
professionals, and costs of both defense and appeal in a court of law, or arbitration, or other
tribunal, for any reason. This indemnification must also include claims, damages, losses and
expenses, including reasonable attorneys’, experts’, and legal assistants’ fees and costs, to the
extent caused by infringement of patents or copyrights, or public record violations incident to
8
providing the services required hereunder. It is specifically understood and agreed that this
indemnification agreement does not cover or indemnify the Authority for its own negligence.
This Indemnification provision must survive completion or termination of this Contract.
To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the State
of Florida, Department of Transportation, including the Department’s officers and employees,
from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s
des, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
the Consultant an person employed or utilized by the Consultant in the performance of this
Contract. This indemnification survives termination of this Contract. Nothing contain n this
paragraph is intended to nor will it constitute a waiver of the State of Florida and the Authority’s
sovereign immunity.
ARTICLE 21. INSURANCE: During the term of the Contract, the Consultant shall provide,
pay for, and maintain with insurance companies satisfactory to the Authority, the types of
insurance described in this Contract. All insurance must be from responsible insurance
companies eligible to do business in the State of Florida. The required policies of insurance
must be performable in Manatee County, Florida, and shall be construed in accordance with the
laws of the State of Florida.
The Authority must be specifically included as an Additional Insured on the Consultant’s

Commercial General Liability, Umbrella Liability and Business Automobile Liability policies
and must also provide the "Severability of Interest" provision (a/k/a "Separation of Insured’s"
provision). The Authority’s additional insured status should be extended to the Completed
Operations coverage. ISO’s standard “Blanket Additional Insured” will not be acceptable.
The Consultant shall deliver to the Authority, prior to the Authority issuing the PSA, properly
executed "Certificate(s) of Insurance,” setting forth the insurance coverage and limits required in
this Contract. The Certificates must be personally, manually signed by the authorized
representative of the insurance company(s) shown on the Certificate of Insurance. In addition,
certified, true and exact copies of the insurance policies required in this Contract must be
provided the Authority, on a timely basis, if requested by the Authority.
The Consultant shall take immediate steps to make up any impairment to any Aggregate Policy
Limit upon notification of the impairment. If at any time the Authority requests a written
statement from the insurance company(s) as to any impairment to the Aggregate Limit, the
Consultant shall promptly authorize and have delivered such statement to the Authority.
The Consultant authorizes the Authority and/or the Authority’s insurance consultant to confirm
all information furnished to the Authority, as to its compliance with its Bonds and Insurance
Requirements, with the Consultant’s insurance agents, brokers, surety, and insurance carriers.
The insurance coverage required of the Consultant must be primary to any insurance or self-
insurance program carried by the Authority. The Authority’s insurance or self-insurance
programs or coverage must not be contributory with any insurance required of the Consultant in
9
this Contract.
The acceptance of delivery to the Authority of any Certificate of Insurance evidencing the
insurance coverage and limits required in the Contract does not constitute approval or agreement
by the Authority that the insurance requirements in the Contract have been met or that the
insurance policies shown in the Certificates of Insurance comply with the Contract requirements.
No work governed by this contract or occupancy of the premises owned or occupied by the
Authority may commence at the site unless and until the required Certificate(s) of Insurance are
in effect and the PSA and written Notice to Proceed are issued to the Consultant by the Authority.
The insurance coverage and limits required of the Consultant under this Contract are designed to
meet the minimum requirements of the Authority. They are not designed as a recommended
insurance program for the Consultant. The Consultant alone will be responsible for the
sufficiency of its own insurance program. Should the Consultant have any question concerning
its exposures to loss under this Contract or the possible insurance coverage needed therefore, it
should seek professional assistance.
The Authority and its Tenants may continue to operate their businesses on the Authority’s
premises during the activities of the Consultant. No property used in connection with their
activities may be considered by the Consultant’s insurance company as being in the care,
custody, or control of the Consultant.
Should any of the required insurances specified in this Contract provide for a deductible, self-
insured retention, self-insured amount, or any scheme other than a fully insured program, and the
insurance company providing the coverage will not agree in writing to pay the deductible or
retention including the costs of defense as provided for in its policy without consideration of the
deductible or retention in the settlement of insured claims, then the Consultant agrees, if required
by the Authority, to provide, pay for, and maintain a surety bond acceptable to the Authority from
an insurance company acceptable to the Authority (or a standby irrevocable Letter of Credit
acceptable to the Authority) in the amount of the deductible or retention, guaranteeing payment
of the deductible or retention. Said guarantee is to continue for four (4) years following
completion of the Work.
All of the required insurance coverage must be issued as required by law and shall be endorsed,
where necessary, to comply with the minimum requirements contained in this Contract.
Consultant shall give the Authority thirty (30) calendar days advance written notice of any
cancellation, intent not to renew any policy and/or any change that will reduce the insurance
coverage required in this Contract, except for the application of the Aggregate Limits Provisions.
Renewal Certificate(s) of Insurance must be provided to the Authority at least twenty (20)
calendar days prior to expiration of current coverage so that there will be no interruption in the
work due to lack of proof of the insurance coverage required of the Consultant in this Contract.
10
If the Consultant fails to provide or maintain the insurance coverage required in this Contract at
any time during the term of the Contract, the Authority may terminate or suspend this Contract.
If the Consultant utilizes contractors or sub-contractors to perform any work governed by this
Contract, the Consultant will ensure all contractors and sub-contractors maintain the same types
and amounts of insurance required of the Consultant. In addition, the Consultant will ensure that
the contractors and sub-contractors insurances comply with all of the Insurance Requirements
specified for the Consultant contained within this Contract. The Consultant shall obtain
Certificates of Insurance comparable to those required of the Consultant from all contractors and
sub-contractors. Such Certificates of Insurances must be presented to Authority prior to the
subcontractor beginning work.
SPECIFIC INSURANCE COVERAGES AND LIMITS:

The Consultant must comply with all requirements in this Insurance Section in full unless
excused from compliance in writing by the Authority. The amounts and types of insurance must
conform to the following minimum requirements. Current Insurance Service Office (ISO) or
National Council on Compensation Insurance (NCCI) policies, forms, and endorsements or
broader must be used where applicable. Notwithstanding the foregoing, the wording of all
policies, forms, and endorsements must be acceptable to the Authority.
Workers' Compensation and Employers' Liability Insurance must be maintained in force during
the term of this Contract for all employees engaged in this work under this Contract, in
accordance with the laws of the State of Florida. The minimum acceptable limits are:
Workers' Compensation: Florida Statutory Requirements

Employer's Liability: $1,000,000.00 Limit Each Accident
$1,000,000.00 Limit Disease Aggregate
$1,000,000.00 Limit Disease Each Employee
USL&H Coverage must be maintained by the Consultant if any of the work governed by this
Contract or any of the Consultant’s employees may be entitled to benefits specified in the United
States Longshoremen and Harbor Workers (USL&H) Act (33 USC sections 901-950). The
minimum acceptable limits under such coverage must be no less than $1,000,000.
Jones Act Coverage must be maintained by the Consultant if any of the work governed by this
Contract involves the use of any watercraft (regardless of size). Such coverage must comply
with the Federal Jones Act (46 U.S.C.A, subsection 688). The minimum acceptable limits under
such coverage must be no less than $1,000,000.
Commercial General Liability Insurance must be maintained by the Consultant on the Full
Occurrence Form. Coverage must include but not be limited to Premises and Operations,
Personal Injury, Contractual Liability, Independent Contractors, Broad Form Property Damage,
and Products & Completed Operations Coverage and may not exclude coverage for the
"X" (explosion), "C (collapse) and "U" (underground) Property Damage Liability exposures.
11
Limits of coverage must not be less than:
Bodily Injury & Property Damage Liability: $1,000,000.00 Combined Single Limit each
occurrence and aggregate.
Completed Operations Liability Coverage must be maintained by the Consultant for a period of
not less than four (4) years following Final Completion and Acceptance by the Authority.
The use of an Excess and/or Umbrella policy will be acceptable if the level of protection
provided by the Excess and/or Umbrella policy is no less restrictive then the Primary General
Liability policy.
Business Automobile Liability Insurance must be maintained by the Consultant as to ownership,

maintenance, use, loading and unloading of all owned, non-owned, leased or hired vehicles with
limits of not less than:
Bodily Injury: $1,000,000.00 Limit Each Accident

Property Damage Liability: $1,000,000.00 Limit Each Accident
or
Bodily Injury & Property Damage Liability: $1,000,000.00 Combined Single Limit Each
Accident
Professional Liability Insurance must be maintained by the Consultant that will respond to
claims arising out of any professional services provided by the Consultant. The minimum
acceptable limits of such coverage must be $2,000,000 per claim and in aggregate and must be
maintained for a minimum of 4 years following the termination of this agreement.
The Consultant must maintain Watercraft Liability Insurance if any of the services provided by
the Consultant or any of its sub-consultants require the use of any watercraft that is in excess of
26 feet in length. The minimum acceptable limits of such coverage must be $1,000,000.
The Consultant must maintain Aircraft Liability Insurance if any of the services provided by the
Consultant or any of its sub-contractors require the use of any aircraft. The minimum acceptable
limits of such coverage must be $1,000,000.
ARTICLE 22. PROFESSIONAL LIABILITY: The Consultant recognizes that the registered
persons practicing engineering with the Consultant as provided in Chapter 471 of the Florida
Statutes are not relieved from personal liability for their professional acts and each registered
person practicing engineering with the Consultant who performs consulting engineering services
for the Authority pursuant to this Contract or any particular PSA will be liable in accordance with
section 471.023(3) of the Florida Statutes.
12
ARTICLE 23. LEGAL RESTRAINTS AND LIMITATIONS: The Consultant acknowledges
that the Authority, as a unit of local government and as a subdivision of the State of Florida, is
subject to controls, limitations, regulations and restraints imposed or administered pursuant to
numerous applicable laws, ordinances, agreements, rules and regulations of federal, state,
regional and certain local jurisdictions, governmental agencies or authorities. Additionally, the
Consultant acknowledges that the Authority often receives grants and participates in grant or
funding agreements from federal and state agencies. All services rendered or performed by the
Consultant pursuant to any duly executed PSA will be in conformance therewith.
In performing services, Consultant must be responsible for identifying and assisting the
Authority in obtaining all permits necessary to complete the services.
The Authority retains the Consultant only for the purposes and to the extent set forth in this
Contract, and its relationship with the Authority will, during the term of this Contract, be that of
an independent contractor. Consultant has discretion, subject to the requirement that it performs
the services required in this Contract competently and professionally in accordance with the
applicable professional standards and otherwise complies with the terms of this Contract, to
select the means and methods of performing such services. In this regard, Consultant will be
fully responsible for the employment, direction, supervision, compensation and control of any
and all persons employed or retained by Consultant. Neither Consultant nor Consultant’s
contractors, subcontractors, consultants, Subconsultants, suppliers, experts or other persons or
organizations retained or utilized by Consultant for the services required in this Contract will be
considered by reason of the provisions of this Contract or otherwise as being an employee or
agent of the Authority. Consultant shall comply with all workers’ compensation, employers’
liability and other Federal, State, and municipal laws, ordinances and regulations required of an
employer performing services as contemplated in this Contract. Furthermore, Consultant is
responsible for paying all income and employment taxes, and the Authority will not be
responsible for collecting and/or paying withholding, FUTA, FICA and any other state or federal
taxes.
At all times during the performance of any of the services required hereunder, Consultant must
comply with Title VII of the Civil Rights Act of 1964, as amended (45 C.F.R. Part 1010), and the
Florida Civil Rights Act of 1992. Consultant may not discriminate in any form or manner against
its employees or applicants for employment on the basis of race, color, national origin, religion,
sex, age, handicap or marital status. Further, Consultant shall comply with all applicable rules,
regulations or executive order promulgated to give effect to the Civil Rights Act of 1964, as
amended.
In accordance with FDOT policy, projects funded with FDOT funding shall provide
Disadvantaged Business Enterprises (“DBE”) an opportunity to participate in the performance of
the Contract. Consultant agrees to ensure that DBEs have the opportunity to participate in the
performance of the Contract and that Consultant shall take necessary and reasonable steps to
ensure such opportunities. The Authority and its Consultant, Contractors, and subcontrators
13
must not discriminate on the basis of race, color, national origin, or sex in the performance of
this Contract.
The Consultant shall utilize the U.S. Department of Homeland Security’s E-Verify system to
verify the employment eligibility of all new employees hired by the Consultant/sub-consultant
during the contract term and require all of its sub-consultants performing work or providing
services pursuant to this contract to do the same.
ARTICLE 24. LITIGATION AND ADMINISTRATIVE PROCEEDINGS: In the event the

Consultant is authorized by a duly executed PSA to become involved in litigation or
administrative proceedings as a witness for the Authority or in any other professional assignment
connected with litigation or administrative proceedings, the compensation or fee to the
Consultant for such services will not be related to the findings of any court or administrative
agency concerning the adequacy or inadequacy of the compensation or fee. The Authority will
pay the Consultant compensation for said services in the manner set forth in the particular
Authorization regardless of the decision in any such litigation or administrative proceedings.
ARTICLE 25. LEGAL QUALIFICATIONS AND ETHICAL CONSIDERATIONS: The

Consultant warrants it is duly permitted by the laws of the State of Florida to render engineering
services in the State of Florida and that one or more of its officers and employees are duly
registered as professional engineers in the State of Florida. The Consultant recognizes that in
rendering or performing professional services pursuant to the provisions of this Contract, the
Consultant is working for the residents of Manatee County, Florida, subject to public
observation, scrutiny and inquiry and based upon said recognition, the Consultant shall in all of
its relationships with the Authority pursuant to the provisions of this Contract conduct itself in
accordance with all of the recognized applicable ethical standards set by any related national
societies, and the reasonable traditions to perform services.
The Consultant acknowledges that the portion of its books and records related to its contracting
activities with the Authority may become subject to inspection and copying under the Florida
Public Records Act. The Consultant agrees to comply with the Florida Public Records Act, as
applicable, including, but not limited to section 119.0701 of the Florida Statutes. The Consultant
agrees, to the extent required by law, to:
1. keep and maintain public records that ordinarily and necessarily would be required by the
public agency in performing the services of the Contract;
2. provide the public with access to the public records under the same terms and conditions
that the Authority and Department of Transportation (DOT) would provide the records
and at a cost that does not exceed the cost provided for by law;
3. ensure that the public records that are exempt or confidential, and exempt from public
record disclosure requirements, are not disclosed, except as authorized by law; and
4. meet all requirements where retained public records and transfer, at no cost, to the
Authority and DOT, all public records in possession of the Consultant, upon termination
or completion of the Contract and destroy any duplicate public records that are exempt or
14
confidential, or exempt from public record disclosure requirements.
Furthermore, the Consultant agrees that all records stored electronically will be provided to the
Authority and DOT in a format that is compatible with the information technology systems of
the Authority and DOT. The Consultant shall promptly provide the Authority with a copy of any
request to inspect or copy public records that Consultant receives and a copy of the Consultant’s
response to each request. The Consultant understands and agrees that failure to provide access to
the public records will be grounds for unilateral cancellation of the Contract, its amendments,
and PSAs.
Consultant has been made aware of the Florida Public Entity Crimes Act, § 287.133, Florida
Statutes, specifically section 2(a), and the Authority’s requirement that the Consultant has
complied with it in all respects prior to and will comply with it in all respects during the term of
this Contract.
Consultant has been made aware of the Discriminatory Vendors Act in Section 287.134, Florida
Statutes, and the Authority’s requirement that the Consultant has complied with it in all respects
prior to and will comply with in all respect during the term of this Contract.
Consultant has been made aware of the prohibition against contracting with scrutinized
companies pursuant to Section 287.135, Florida Statutes, and the Authority’s requirement that
the Consultant has complied with it in all respects prior to and will comply with in all respect
during the term of this Contract.
Consultant agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all
subcontracts the obligation to comply with Section 20.0555(5), Florida Statutes.
ARTICLE 26. NO WAIVER OF SOVEREIGN IMMUNITY: Nothing in this Contract may be

interpreted as a waiver by the Authority of its rights, including the limitations of the waiver of
immunity, as set forth in Florida Statutes 768.28, or any other statutes, and the Authority
expressly reserves these rights to the full extent allowed by law. This provision survives
completion or termination of this Contract.
ARTICLE 27. SEVERABILITY: It is understood and agreed by the Parties that if any part,
term or provision of this Contract is held to be illegal or in conflict with any law, the validity of
the remaining portions or provisions will not be affected, and the rights and obligations of the
Parties must be construed and enforced as if the Contract did not contain the particular part, term
or provision held to be invalid.
ARTICLE 28. SUCCESSORS AND ASSIGNS: This Contract is binding on successors,

assigns, and legal representatives of and persons in privity of contract with the Authority or
Consultant. The Consultant may not sublet, assign, or transfer this Contract, any PSA or any
other work specifically set forth under this Contract without the prior written consent of the
Authority, which consent may be withheld in the Authority’s sole discretion. This provision
15
survives completion or termination of this Contract.
ARTICLE 29. JURISDICTION AND VENUE: The Contract is governed by and construed
under the laws of the State of Florida. Venue for any action arising under the Contract lies
exclusively in state courts in Manatee County, FL. Each Party consents to the jurisdiction of
such court in any such civil action or legal proceeding and waives any objection to the aforeseaid
laying of venue of any such civil action or legal proceeding in such court. This provision
survives completion or termination of this Contract.
ARTICLE 30. ATTORNEY FEES: If any subsequent legal action or other proceedings,
including but not limited to any trial proceeding or appellate proceeding, are brought for the
enforcement of this Contract, or because of any alleged dispute, breach, default or
misrepresentation in connection with any provision of this Contract, the successful or prevailing
Party will be entitled to recover all costs incurred, including reasonable attorneys', legal
assistants', and experts’ fees and costs prior to trial, at trial, and on appeal, in addition to any
other relief to which such Party maybe entitled. No entity or person other than the Parties will
have any legally enforceable rights under this Contract or because of its existence, other than as
explicitly set forth in this Contract. This provision survives completion or termination of this
Contract.
ARTICLE 31. INTERPRETATION: The Parties represent and warrant that they have entered
into this Contract relying wholly upon their own judgment, belief, and knowledge of the nature,
extent, effect, and duration of any actions, damages, and liability therefore. The Parties represent
that they enter into this Contract without relying upon any statement or representation of the
adverse parties other than what has been set forth in writing in this Contract. The Parties
represent that they have had the opportunity to discuss this matter with counsel of their choosing
and are satisfied with its counsel and the advice received. The Parties understand this Contract’s
contents and agree that this Contract may not be construed more strongly against any party to
this Contract, regardless of who is responsible for its preparation or drafting. The Parties further
declare and represent that no promise, inducement, agreement or understanding not expressed in
this Contract has been made to an adverse party and that this Contract contains the entire
agreement between the Parties hereto and that the terms of this Contract are contractual and not a
mere recital. All the Parties drafted this Contract jointly, and no term, condition or provision of
this Contract may be construed more strictly against any Party.
The captions and headings in this Contract are for convenience of reference only and in no way
define or limit the scope or content of this Contract or in any way affect its provisions.
ARTICLE 32. AGREEMENTS RELATING TO CONSIDERATION: Each party

acknowledges and agrees that the covenants under this Contract, together with the consideration
exchanged hereunder, constitute full, fair and valuable consideration for the transfers,
transactions and releases required of and by the Parties pursuant to the provisions of this
Contract and that, by virtue of the above-referenced consideration, the Parties have received
reasonably equivalent value in exchange for their obligations under this Contract. The Parties
16
acknowledge and agree that each has received and reviewed a copy of this Contract in the
presence of their respective, independent counsel retained by them. Each party understands the
purport, tenor, and effect of this Contract, and has entered into this Contract freely and
voluntarily.
17
ARTICLE 33. AUTHORITY TO EXECUTE: Each of the Parties covenants to the other party
to this Contract that it has lawful authority to enter into this Contract, that the governing or
managing body of each of the Parties has approved this Contract and that the governing or
managing body of each of the Parties has authorized the execution of this Contract in the manner
hereinafter set forth.
IN WITNESS WHEREOF, the Parties have caused this Contract to be duly executed, in
duplicate, this the ____ day of __________________.
ATTEST: ANGELINA COLONNESO MANATEE COUNTY PORT

AUTHORITY
CLERK OF CIRCUIT COURT
___________________________ By: _________________________
AUTHORITY
WITNESSES: #CONSULTANT_NAME
___________________________ By: _________________________
___________________________ Title: ________________________
CONSULTANT
18
Attachment A
Scope of Services
#CONSULTANT_NAME
19
Attachment B
Schedule of Values
#CONSULTANT_NAME
20
Attachment C
Milestones
#CONSULTANT_NAME
21
Attachment D
PSA Form
#CONSULTANT_NAME
22
PROFESSIONAL SERVICES AUTHORIZATION (PSA) NO. _____
Pursuant to the Port Manatee Professional Engineering Services Contract for Pavement
Improvements dated __________ between the Manatee County Port Authority, hereinafter
referred to as the “Authority”, and
#CONSULTANT_NAME,
hereinafter referred to as the “Consultant”, the Authority hereby authorizes and the Consultant
hereby agrees to perform the hereinafter identified professional services for the project, facility
or program identified as:
“Pavement Improvements”.
The professional services and additional terms hereby authorized by the Authority and agreed to
by the Consultant are set forth in the attached proposal dated _______ for the above entitled
project, facility or program.
The total fees and expenses for these professional services must not exceed:
$__________
DATED: ________________
MANATEE COUNTY PORT AUTHORITY
By: _____________________________
Executive Director
#CONSULTANT_NAME
By: _______________________________
Name, Title: ________________________
If applicable, the Authority has considered and hereby approves this Supplemental Professional
Engineering Services Authorization with a quorum present and voting this _____ day of
_____________, 20__.
Attest: MANATEE COUNTY PORT AUTHORITY
By: ____________________________ By: ______________________
Deputy Clerk of the Circuit Court Chairman
23
Attachment E
Truth in Negotiation Certificate
#CONSULTANT_NAME
24
TRUTH IN NEGOTIATION CERTIFICATE
This Certificate is executed and given by the undersigned as a condition precedent to entering
into this Contract:
“#CONSULTANT_NAME”
pursuant to the Port Manatee Professional Engineering Services Contract for the Pavement
Improvements project with the Manatee County Port Authority.
Before me, the undersigned authority personally appeared, who having knowledge as to the facts
and statement in this Truth In Negotiation Certificate after duly sworn, deposes and states under
oath that:
1. This Certificate must be attached to and constitute an integral part of the contract as
provided in Florida Statute 287.055(5)(a).
2. The undersigned hereby certifies that the wage rate and other factual unit costs
supporting the compensation on which this contract is established are accurate, complete,
and current on the date set forth in this Truth In Negotiation Certificate.
3. The truth of statements made in this Truth In Negotiation Certificate may be relied upon
by the Manatee County Port Authority and the undersigned is fully advised of the legal
effect and obligations imposed upon him by the execution of this instrument under oath.
4. The original contract price and any additional thereto will be adjusted to exclude any
significant sums by which the agency determines the contract price was increased due to
in accurate, incomplete, or noncurrent wage rates and other factual unit costs.
Executed on behalf of the Party to the Port Manatee Professional Engineering Services Contract
referred to as the Consultant, doing business as:
#CONSULTANT_NAME
By: ____________________________________________________________________
(Signature, Name)
Title: ___________________
The foregoing instrument was acknowledged and executed before me by the above signed
on the _________ day of _______________, 20__.
NOTARY SEAL: __________________________
25

2018 11 01 RFQ Individual Project Professional Services Pavement Improvements

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REQUEST FOR QUALIFICATIONS RFQ-2-0-2019/GI

PRE-SUBMITTAL MEETING: A Mandatory site visit and information conference will be

EVALUATION COMMITTEE MEETING: The Evaluation Committee public meeting will be

LOBBYING: A prohibition of Lobbying is in effect. Please review the “Lobbying” subsection in

CONTACT FOR INFORMATION:

AUTHORIZED FOR RELEASE: ____

The Engineer will perform the following:

1. Work out design parameters with the Port.

Grant funding requirements apply.

A model contract is attached.

1.2. Project Control

1.3. Quality Control

1. Assure quality and provide quality assurance and performance tracking.

2.1. Evaluation Factors

2.2. Preliminary Ranking

2.3. Review of Responders and Responses

2.4. Selection for Negotiation

The response to this section is not to exceed 100 words.

3.2. Statement of Qualifications

The response to this section is not to exceed 50 words.

3.4. Background and Size

The response to this section is not to exceed 100 words.

3.6. Experience by Project

Provide the following details for each relevant past project:

1. The name and location the project;

3.7. Qualifications by Personnel

For each identified person, provide the following:

3.8. Economic Benefit

The response to this section is not to exceed 50 words.

3.9. Legal Capacity

3.10. Willingness to Meet Time and Budget Requirements

The response to this section is not to exceed 50 words.

The response to this section is not to exceed 50 words.

3.12. Certified Minority Business Enterprise

The response to this section is not to exceed 50 words.

3.13. Project Staff Location

The response to this section is not to exceed 50 words.

3.14. Local Office, Procurement, Hiring

The response to this section is not to exceed 50 words.

3.15. Ownership Interests

The response to this section is not to exceed 50 words.

The response to this section is not to exceed 50 words.

3.17. Legal/Disciplinary Proceedings

The response to this section is not to exceed 100 words.

3.18. Response Submittal

1. Response Signature Form (Attachment A).

3.19. Legal Name

3.20. Sealed and Marked

“Sealed Response RFQ-2-0-2019/GI, Intermodal Cargo Yard Improvements”

Manatee County Port Authority

3.21. Requirements for Delivery of Responses

3.22. Opening Location

4.1. Publication of Notices and Documents

4.2. Clarification, Addenda and Registration

As provided by section 119.071(1)(b) of the Florida Statutes, responses become subject to

4.5. Errors and Omissions

4.6. Disqualification Due to Non-responsiveness

4.7. Reserved Rights

4.8. Applicable Laws

4.9. Code of Ethics and Conflict of Interest

4.11. Public Entity Crimes, Discriminatory Vendors, and Scrutinized

4.15. Americans with Disabilities Act

4.16. Responses from Related Parties/Multiple Responses Received

Personally known OR Produced Identification _____________

__________________ My commission expires .

___ By: _

___ By: _

___ Title:

By: ______ By: