600549-LAC.pdf

Board of County Commissioners County Administrator

Melissa McKinlay, Mayor Verdenia C. Baker Mack Bernard, Vice Mayor Hal R. Valeche Paulette Burdick Dave Kerner Steven L. Abrams Purchasing Department Mary Lou Berger www.pbcgov.com/purchasing

REQUEST FOR SUBMITTAL

RFS NO. 600549/LAC

Palm Beach County Board of County Commissioners and

Engineering Department, Road & Bridge Division are seeking

Submittals for:

Bridgetending Services for the Torry Island Swing Bridge

Date issued/available for distribution: July 12, 2018

Respondents shall submit one (1) unbound original, three (3) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete submittal which must be received in the Office of the Purchasing Department no later than August 14, 2018, 4:00 p.m. local time. See Section 1.7 of the RFS for mailing instructions.

Mandatory Pre-Submittal Conference and Site Inspection: See Section 1.3 of this solicitation.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR RECEIPT OF SUBMITTALS

AND

THE RFS NUMBER.

C A U T I O N In order to do business with Palm Beach County vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on our VSS system.

Palm Beach County shall not be responsible for the completeness of any Request for Submittal package not downloaded from our VSS system or obtained directly from Palm Beach County Purchasing Department.

IN ACCORDANCE WITH THE PROVISIONS OF ADA, THIS DOCUMENT MAY BE

REQUESTED IN AN ALTERNATE FORMAT

http://www.pbcgov.com/ https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService i

TABLE OF CONTENTS

SECTION PAGE

SECTION 1 GENERAL INFORMATION

1.1 Issuing Office

1.2 Purpose of the Project

1.3 Mandatory Pre-Submittal Conference/Site Inspection(s)

1.4 Period of Contract

1.5 Qualification of Respondents

1.6 Timetable

1.7 Entering Submittals

1.8 Contact Person

1.9 Additional Information / Amendment(s)

SECTION 2 GENERAL TERMS AND CONDITIONS

2.1 Submittal Guarantee

2.2 Modified Submittals

2.3 Withdrawal of Submittals

2.4 Late Submittals, Late Modified Submittals

2.5 RFS Postponement / Cancellation

2.6 Costs Incurred by Respondents

2.7 Proprietary / Confidential Information

2.8 Negotiations

2.9 Small Business Enterprise

2.10 Palm Beach County Office of the Inspector General Audit Requirements . 6

2.11 Rules; Regulations; Licensing Requirements

2.12 Criminal History Records Check

2.13 Review of Submittals

2.14 Exceptions to the RFS

2.15 Selection Process

2.16 Evaluation Criteria

2.17 Award of Contract

2.18 Standard Contract Provisions (Attachment 1)

2.19 Commencement of Work

2.20 Insurance Requirements

2.21 Drug Free Workplace Certification

2.22 Authorized Signature

ii

TABLE OF CONTENTS

(continued)

SECTION PAGE

SECTION 3 SUBMITTAL REQUIREMENTS

3.1 Experience / Qualification / Background / References Information

3.2 Project Approach / Understanding Information

3.3 Business Location / Local Preference

3.4 Price Submittal Information

3.5 Business Information

3.6 Amendments to the RFS

3.7 Additional Information

SECTION 4 SCOPE OF WORK/SERVICES

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - Sample Standard Contract

SECTION 6 APPENDICES

APPENDIX A - Price Submittal Page APPENDIX B - Business Information APPENDIX C - Certification of Business Location APPENDIX D - Drug Free Workplace Certification

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE:

This Request for Submittal (RFS) is issued for the County of Palm Beach (hereinafter referred to as “County”) by the Purchasing Department for the benefit of the Engineering Department, Road & Bridge Division. The Purchasing Department is the SOLE point of contact concerning this RFS. All communications regarding this RFS must be done through the Purchasing Department. See Section 1.8 Contact Person.

1.2 PURPOSE OF THE PROJECT:

Palm Beach County is seeking submittals from qualified contractors to provide bridgetending services for the Torry Island Swing Bridge that crosses over the Okeechobee Rim Canal on West Lake Road (CR717 from Belle Glade to Torry Island, Florida), as more specifically described in the Scope of Work/Services.

1.3 MANDATORY PRE-SUBMITTAL CONFERENCE/SITE INSPECTION:

All proposers are required to attend a Mandatory Pre-Submittal Conference which will be held at the Torry Island Swing Bridge on West Lake Road, Belle Glade, Florida on July 20, 2018, commencing at 10:00 a.m. local time. At this time, the County’s representative(s) will be available to answer any questions relative to this Request for Submittal. Any questions or comments arising subsequent to the Mandatory Pre- Submittal Conference must be presented in writing prior to the date and time stated in the Timetable (Section 1.6) of the RFS, to be discussed with the County’s representative(s) as possible amendments to the RFS.

Immediately following the Mandatory Pre-Submittal Conference, a Mandatory Site Inspection will be conducted at Torry Island Swing Bridge on West Lake Road, Belle Glade, Florida.

Note: The respondent’s failure to attend this conference/site inspection(s) shall result in disqualification of their submittal. All respondents shall sign an attendance sheet. The attendance sheet will be collected at 10:10 a.m. (10 minutes after start time) local time. Those arriving after the attendance sheet has been collected will be considered as not in attendance for purposes of the Mandatory Pre-Submittal Conference/Site Inspection.

In accordance with the provisions of ADA, auxiliary aids or services will be provided upon request with at least three days notice.

1.4 PERIOD OF CONTRACT:

The proposed effective date of this Contract is October 1, 2018. The selected respondent(s) will provide services for a two (2) year period ending September 30, 2020. Three (3) one (1) year renewal option(s) offered by the County, at the County’s sole discretion, may be included.

1.5 QUALIFICATION OF RESPONDENTS:

All respondents to this RFS shall have demonstrated experience in supplying such services and shall meet all criteria/requirements identified in this RFS.

1.6 TIMETABLE:

The anticipated schedule and deadline for the RFS and Contract approval are as follows:

Activity Date Time Location

RFS available for 7/12/18 Purchasing Department Download from 50 S. Military Trail, Ste. 110 Purchasing Dept. VSS: W. P. B., FL 33415 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Mandatory Pre-Submittal 7/20/18 10:00 a.m. Torry Island Bridge Conference/Site Inspection West Lake Road

Belle Glade, FL 33430

Deadline for receipt of 7/25/18 5:00 p.m. Purchasing Department questions or comments 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Deadline for receipt 8/14/18 4:00 p.m. Purchasing Department of submittals 50 S. Military Trail, Ste.110

W. P. B., FL 33415

Evaluation/Selection 8/30/18 Process

Award Date 10/01/18

Contract Start Date 10/01/18

NOTE: County reserves the right to alter the above activities and/or times at the County’s sole discretion.

1.7 ENTERING SUBMITTALS:

All submittals must be sent on 8 ½” x 11” paper.

One (1) unbound original, three (3) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete submittal must be received in the Purchasing Department by August 14, 2018, 4:00 p.m. local time. The original and all copies must be submitted in a sealed envelope or container. The respondent’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this RFS. The outer envelope or wrapper should be addressed as follows:

Respondent Name Address Phone No.

Palm Beach County Board of County Commissioners Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415 ATTENTION: Lynn Clavette, Buyer RFS No. 600549/LAC

Title: Bridgetending Services at Torry Island Swing Bridge Due Date: August 14, 2018, 4:00 p.m. local time

The Purchasing Department’s office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the County.

Respondents are responsible for informing any commercial delivery services, if used, of all delivery requirements and for insuring that the required address information appears on the outer wrapper or envelope used by such service.

The Price Submittal Page(s) (Appendix A) must be signed by an officer of the company who is legally authorized to enter into a contractual relationship in the name of the respondent (“Authorized Person”).

The submission of a submittal by a respondent will be considered by the County as constituting a legal offer by the respondent to perform the required services at the pricing submitted to the County identified therein.

1.8 CONTACT PERSON:

The contact person for this RFS is Lynn Clavette, Buyer, at (561) 616-6809, e-mail address lclavette@pbcgov.com or fax number (561) 242-6709 in the Purchasing Department.

Respondents are advised that from the date of release of this RFS until award of the contract, NO contact with County staff concerning this RFS is permitted, except as authorized by the contact person designated herein.

1.9 ADDITIONAL INFORMATION / AMENDMENT(S):

Any questions, comments (i.e., additional information or clarifications) must be made, in writing via fax, e-mail or U.S. Mail, no later than the date specified and to the address listed in the RFS Timetable (Section 1.6) or fax number or e-mail address listed for the Contact Person (Section 1.8) above. The request must contain the respondent’s name, address, phone number, facsimile number and e-mail address.

Facsimiles must have a cover sheet which includes, at a minimum, the respondent’s name, address, number of pages transmitted, phone number, facsimile number and e-mail address.

Changes to this RFS, when deemed necessary by the County, will be completed only by written Amendment(s) issued prior to the Deadline for receipt of submittals. Respondents should not rely on any representations, statements or explanations other than those made in the RFS or in any Amendment to this RFS. Where there appears to be a conflict between the RFS and any Amendment issued, the last Amendment issued shall prevail.

As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the respondent to routinely check VSS for any Amendments that may be issued prior to the Deadline for receipt of submittals. The County shall not be responsible for the completeness of any RFS package not downloaded from VSS or obtained directly from Palm Beach County Purchasing Department.

It is the respondent’s sole responsibility to assure receipt of all Amendments. The respondent should verify with the designated Contact Person (see Section 1.8) prior to submitting a submittal that all Amendments have been received. Respondents are required to acknowledge the receipt of all Amendments as part of their submittal.

SECTION 2

GENERAL TERMS AND CONDITIONS

2.1 SUBMITTAL GUARANTEE:

Respondent guarantees their commitment, compliance, and adherence to all requirements of the RFS by submission of their submittal.

2.2 MODIFIED SUBMITTALS:

A respondent may submit a modified submittal to replace all or any portion of a previously submitted submittal until the Deadline for receipt of submittals. The County will only consider the latest version of the submittal.

2.3 WITHDRAWAL OF SUBMITTALS:

A submittal may be withdrawn only by written notification. Letters of withdrawal received after the Deadline for receipt of submittals will not be accepted unless the contract has been awarded to another vendor or no award has been made within ninety (90) days after the Deadline for receipt of submittals.

Unless withdrawn, as provided in this subsection, a submittal shall be irrevocable until the time that a contract is awarded.

2.4 LATE SUBMITTALS, LATE MODIFIED SUBMITTALS:

Submittals and/or modifications to submittals received after the Deadline for receipt of submittals specified in RFS Timetable (Section 1.6) are late and shall not be considered.

2.5 RFS POSTPONEMENT / CANCELLATION:

The County may, at its sole and absolute discretion, reject any and all, or parts of any and all, submittals; waive any minor irregularities in this RFS or in the submittals received as a result of this RFS; postpone or cancel, at any time, this RFS process; or re-issue this

RFS.

2.6 COSTS INCURRED BY RESPONDENTS:

All expenses incurred with the preparation and submission of submittals to the County, or any work performed in connection therewith, shall be borne by the responding party. No payment will be made for submittals received, nor for any other effort required of or made by the respondents, prior to commencement of work as defined by a contract approved by the Board of County Commissioners.

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION:

Any material submitted in response to this Request for Submittal is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding respondent might consider to be confidential. All submitted information that the responding respondent believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential.

2.8 NEGOTIATIONS:

The County may award a contract on the basis of initial offers received, without discussions. Therefore, each submittal should contain the respondent’s best price and technical offer.

2.9 SMALL BUSINESS ENTERPRISE:

Policy

It is the policy of the Board of County Commissioners of Palm Beach County, Florida, that all business be afforded an opportunity for full participation in the free enterprise system.

In order to implement the policy, the Board of County Commissioners of Palm Beach County, Florida is committed to ensuring full and equitable participation by small business enterprises in the provision of goods and services.

Contract Award Criteria

For purchases made as a result of this solicitation, the County shall consider SBE participation in evaluating respondent’s submittals and making an award of a contract.

Therefore, respondents are encouraged and urged to make every effort to actively seek certified SBE participation and include that participation as part of their submittal.

SBE Certification

Only those firms certified by Palm Beach County at the time of submittal opening shall be counted toward the established SBE goals. Upon receipt of a complete application, IT

TAKES UP TO NINETY (90) DAYS TO BECOME CERTIFIED AS AN SBE WITH PALM

BEACH COUNTY. It is the responsibility of the respondent to confirm the certification of any proposed SBE; therefore, it is recommended that respondents visit the on-line Vendor Directory at www.pbcgov.org/osba to verify SBE certification.

Decertification

As part of the consideration for contract award under the SBE Ordinance, any firm/respondent decertified by Palm Beach County shall be considered non-responsive to the SBE requirements.

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS:

Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud.

Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, F.S., in the same manner as a second degree misdemeanor.

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS:

The respondent shall comply with all laws, ordinances, and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. Respondents are presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may, in any way, affect the services offered, to include Executive Order No. 11246 entitled “Equal Employment Opportunity” as amended by Executive Order No. 11375, and as supplemented by the Department of Labor Regulations (41 CFR, Part 60).

2.12 CRIMINAL HISTORY RECORDS CHECK:

Pursuant to Palm Beach County Code Section 2-371 – 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County.

A fingerprint based criminal history record check shall be conducted on all employees of contractors and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility ("Critical Facilities") or a criminal justice information facility ("CJI Facilities"), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as amended.

In October 2013, compliance with the requirements of the U.S. Federal Bureau of Investigation’s CJI Security Policy was added to the Ordinance, which includes a broad list of disqualifying offenses. The respondent is solely responsible for understanding the financial, schedule, implications, and/or staffing implications of this Ordinance. Further, the respondent acknowledges that its submittal price includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County.

2.13 REVIEW OF SUBMITTALS:

Each submittal will be reviewed to determine if the submittal is responsive to the RFS.

Submittals deemed to be non-responsive will be rejected without being evaluated by the County. A responsive submittal is one which has been signed, has been submitted by the specified submission time, and has provided the information required to be submitted with the submittal (as stated in Section 3). While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a submittal without evaluation, such substandard submissions may adversely impact the evaluation of your submittal, especially information relating to establishing financial/business stability.

Respondents who fail to comply with all of the required and/or desired elements of this RFS, do so at their own risk.

2.14 EXCEPTIONS TO THE RFS:

All exceptions taken must be specific, and the respondent must indicate clearly what alternative is being offered to allow the County a meaningful opportunity to evaluate the submittal. Respondents are cautioned that submitting an alternative submittal does not relieve the respondent from submitting the “Minimum Requirements” as stated in Section 3. The County is under NO obligation to accept any proposed exceptions or alternatives.

2.15 SELECTION PROCESS:

All submittals timely received will be reviewed first by the Purchasing Department to determine if each respondent has submitted the required information and met all Submittal Requirements (as stated in Section 3). Those submittals fulfilling the Submittal Requirements shall be referred to the requesting Department for review and further consideration.

The Department will evaluate all responses to this RFS that meet the Submittal Requirements and are deemed responsive. The Department may evaluate all responsive submittals based solely on the information submitted with the submittal. Accordingly respondents are urged to ensure that their submittal contains all the necessary information for the Department to fairly and accurately evaluate each of the criteria listed below in Section 2.16. However, an oral presentation, additional written information, internal staff analysis, respondent presentations, outside consultants, and/or any other information may be required, at any time during the selection process, to help the Department to determine the successful respondent.

2.16 EVALUATION CRITERIA:

1. Experience / Qualifications / Background / References (See Section 3.1)

2. Project Approach / Understanding (See Section 3.2)

3. Price Submittal (See Section 3.4)

4. Small Business Enterprise (See Section 2.9)

5. Business Location/Local Preference (See Section 3.3)

2.17 AWARD OF CONTRACT:

The award, if any, will be made to the responsive, responsible respondent whose submittal is considered to be the most advantageous to the County based on the County’s opinion after review of every such submittal including, but not limited to, price.

2.18 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1):

The selected respondent will be required to execute a contract similar to the attached Sample Standard Contract (Attachment 1). If a respondent has comments related to any of the provisions in this RFS and/or the contract sample, comments must be made, in writing, no later than the date specified in the RFS Timetable (see Section 1.6).

The Sample Standard Contract provisions (general and specific) will be incorporated into any contract resulting from this RFS. Should any selected respondent and the County be unable to consummate a written contract, the County may proceed to the next most advantageous submittal or issue a new solicitation or cancel the procurement process in its entirety.

2.19 COMMENCEMENT OF WORK:

This RFS does not, by itself, obligate the County. The County’s obligation will commence when the contract is approved by the Board of County Commissioners or their designee and upon written notice to the respondent. The County may set a different starting date for the contract. The County will not be responsible for any work done by the respondent, even work done in good faith, if it occurs prior to the contract start date set by the County.

2.20 INSURANCE REQUIREMENTS:

Prior to the effective date of the Contract, it shall be the responsibility of the successful respondent to provide evidence of the minimum amounts of insurance coverage specified in Attachment 1, Article 13, to Palm Beach County, c/o Insurance Tracking Services, Inc.

(ITS), P.O. Box 20270, Long Beach, CA 90801.

The successful respondent shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverages and limits (including endorsements) as described herein (see Attachment 1, Article 13).

Failure to maintain the required insurance will be considered default of the Contract. The requirements contained herein, as well as County’s review or acceptance of insurance maintained by the successful respondent, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the successful respondent under the Contract.

2.21 DRUG FREE WORKPLACE CERTIFICATION:

Respondents should submit with their submittal an executed Drug Free Workplace Certification (Appendix D) indicating that the respondent has implemented a Drug Free Workplace Program which meets the requirements of Section 287.087, F.S.

2.22 AUTHORIZED SIGNATURE:

The authorized representative signature required on all submittals and the Contract must be made by an officer of the company (if applicable).

SECTION 3

SUBMITTAL REQUIREMENTS

SUBMITTAL FORMAT AND CONTENT:

Format

Respondent shall submit one (1) unbound original, three (3) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete submittal. Submittals should be typed, double spaced and submitted on 8 ½” x 11” size paper. Copies should be bound using a single method of fastening (e.g., stapled, binder, etc.). Submittals should include only brief and concise narrative. The enclosure of elaborate or unnecessary verbiage or promotional material is discouraged.

Table of Contents

Submittals should contain a Table of Contents. The Table of Contents outlines in sequential order all of the areas of the submittal and it allows for clarity and ease of review of the submittal.

Letter of Transmittal

Submittals should contain a Letter of Transmittal addressed to Lynn Clavette, Buyer, and should, at a minimum, contain the following:

a. Identification of respondent, including name, address and telephone number.

b. Proposed working relationship between respondent and subcontractors, if applicable.

c. Name, title, address, telephone number, fax number and e-mail address of contact person during period of submittal evaluation.

d. Signed by a person authorized to bind respondent to the terms of the submittal.

Technical Submittal

Submittals shall contain all of the documents listed below, each fully completed, signed, and notarized as required. Failure of a respondent to provide the required information is considered sufficient cause to deem the submittal non-responsive.

The items(s) marked by an asterisk (*) should be a part of the submittal; however, if these items are omitted, the respondent must submit the item(s) upon request from the County within a time frame specified by the County (normally within two working days of request) or the submittal shall be deemed non-responsive. All other items must be submitted with the submittal or it shall be deemed non-responsive.

Notwithstanding these submittal requirements, the County reserves the right, at its sole discretion, to waive any minor irregularity relating to the submittal. Upon request, it shall be the responsibility of the respondent to address the determined minor irregularity within a time frame specified by the County (normally within two working days of request).

Failure of a respondent to provide the required information within the specified time frame is considered sufficient cause to deem the submittal non-responsive.

Each of the following requirements should be addressed in separate sections of the submittal.

3.1 EXPERIENCE / QUALIFICATION / BACKGROUND / REFERENCES

INFORMATION:

3.1.1 Each respondent shall submit a detailed statement of their experience, qualifications and background for providing bridgetending services for movable bridges.

*3.1.2 Each respondent should submit a minimum of three (3) references demonstrating the successful provision of bridgetending services for movable bridges within the past five (5) year(s).

Each reference should include the name of client company, contact names, addresses, e-mail address, telephone/fax numbers, dollar amount of contracts and dates of service.

3.2 PROJECT APPROACH / UNDERSTANDING INFORMATION:

The respondent shall provide a detailed narrative description of its approach and methodology for providing bridgetending services at the Torry Island Swing Bridge, as specified in Section 4, Scope of Work/Services, including, but not limited to, the following:

3.2.1 Describe the plan of implementation to meet the requirements of the Contract and provide proposed method to monitor the waterway for boat traffic.

3.2.2 Describe the plan to provide personnel for supervision and operation of the bridge.

3.2.3 Describe the layout and location of the proposed bridgetender structure/office facility.

3.3 BUSINESS LOCATION / LOCAL PREFERENCE:

Pursuant to Section 2-80.47 of the Palm Beach County Local Preference Code, unless prohibited by federal, state or local law or where prohibited under the conditions of any grant, the location of a business shall be addressed through the evaluation criteria set forth in this solicitation.

Respondent shall submit at the time of proposal submission the attached “Certification of Business Location” (Appendix C) (the “Certification”) together with a valid Business Tax Receipt issued by the Palm Beach County Tax Collector, unless the respondent is exempt from the Business Tax Receipt requirement by law, which will be used to verify that the respondent had a permanent place of business prior to the issuance of this Notice of Solicitation/Request for Submittal.

The Palm Beach County Business Tax Receipt and the Certification are the sole determinant of Business Location/Local Preference eligibility. Errors in the completion of this Certification or failure to submit the completed Certification will cause the respondent to not receive a Business Location/Local Preference.

Required Appendices

3.4 PRICE SUBMITTAL INFORMATION:

The respondent shall submit the attached Price Submittal Page(s) (Appendix A) filled out and signed. The respondent shall indicate the amount of money to be paid by the County during the Contract term.

In order for the County to make payment, the Vendor’s Legal Name, Vendor’s Address and Vendor’s TIN/FEIN Number on the Contractor’s submittal and Contract must be exactly the same as it appears on the invoice and in the County’s Vendor Self Service (VSS) system. Contractor shall send ALL ORIGINAL invoices to the following address and may send copies of invoices to the County’s representative set forth in the Contract. Invoices submitted on carbon paper shall not be accepted.

PALM BEACH COUNTY

FINANCE DEPT.

P.O.BOX 4036

WEST PALM BEACH, FL 33402-4036

Note: Palm Beach County Vendors can now be paid by Credit Card via the County’s voluntary Payment Manager Program. For vendors who do not have a merchant account, one is needed to utilize the Program. For vendors with a merchant account, you will need to enroll with the Palm Beach County Clerk & Comptroller’s office. For information, contact the Palm Beach County Clerk & Comptroller at pbcpaymentmgr@mypalmbeachclerk.com.

3.5 BUSINESS INFORMATION:

Each respondent shall complete and submit the attached Business Information Page (Appendix B).

3.6 AMENDMENTS TO THE RFS:

It is the respondent’s responsibility to assure receipt of all amendments. The respondent shall verify with the designated contact person, prior to submitting a submittal, the number of amendments that have been received. Each amendment to the RFS shall be signed by an authorized person and shall be submitted with the submittal or the submittal shall be deemed non-responsive.

Additional Appendices

3.7 ADDITIONAL INFORMATION:

Information considered by the respondent to be pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Respondents are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials. Appendices should be relevant and brief.

SECTION 4

SCOPE OF WORK/SERVICES

The CONTRACTOR shall manually operate the swing bridge to accommodate marine and vehicular traffic at the Torry Island Swing Bridge for the Engineering Department, Road & Bridge Division of Palm Beach County.

The COUNTY shall be responsible for all maintenance of and repairs to the Torry Island Swing Bridge. The COUNTY shall be responsible for the grounds maintenance of the property adjacent to the Torry Island Swing Bridge.

mailto:pbcpaymentmgr@mypalmbeachclerk.com

4.1 GENERAL REQUIREMENTS:

A. The CONTRACTOR is not responsible for bridge maintenance. Should a malfunction occur, the Road & Bridge Division is to be contacted immediately.

B. The CONTRACTOR shall provide adequate personnel trained as bridgetenders to operate the movable bridge, maintain a boat log, maintain a bridge log book, write incident and accident reports immediately upon occurring, and report them to the Engineering Department, Road & Bridge Division.

C. The CONTRACTOR shall be a business that provides bridgetending services as its main focus. The CONTRACTOR shall not be an individual.

D. The CONTRACTOR shall be responsible for any damage to private or public property caused by its actions.

E. The CONTRACTOR acknowledges and agrees that all services will be in accordance with the Code of Federal Regulations, Title 33, Parts 117 and

118. CONTRACTOR agrees and understands said regulations are enforced by the Coast Guard.

4.2 SERVICE HOURS:

A. Normal Service – 7:00 a.m. to 7:00 p.m., Friday, Saturday, and Sunday; and 7:00 a.m. to 6:00 p.m. Monday through Thursday, 365 days a year. Upon request, CONTRACTOR’s personnel shall be in position to open the bridge within five (5) minutes.

B. On-Call Service – Any time other than normal service hours when special requests are made by the Palm Beach County Sheriff’s Office, Belle Glade Police, or Palm Beach County Fire-Rescue, the CONTRACTOR’s personnel shall be in position to open the bridge within sixty (60) minutes, 365 days a year.

C. The Torry Island Swing Bridge is on an “On Demand” schedule per the

United States Coast Guard and shall open within five (5) minutes of request to open during normal service hours.

D. When a boat captain requests an opening, the CONTRACTOR shall not question the boat captain as to the need for an opening, but shall open the bridge within five (5) minutes.”

4.3 PERFORMANCE DURING EMERGENCY:

A. During and after a public emergency, disaster, hurricane, flood, or Act of God, CONTRACTOR shall give the COUNTY “first priority” for all services under the Contract.

CONTRACTOR shall furnish a 24-hour phone number to the COUNTY for use during emergencies.

4.4 FACILITY:

A. The CONTRACTOR shall provide a structure/office for protection from the sun, rain and elements and a restroom with potable water, flushable toilet, and a sink with faucet. COUNTY will not provide rental space, power, water, or sewer for the structure/office.

B. The structure/office shall be a minimum of 120 square feet.

C. There is no maximum size restriction. However, the structure shall not be located on any COUNTY property, COUNTY right-of-way, or Army Corp of Engineers property and/or right-of-way.

4.5 COMMUNICATION:

A. The CONTRACTOR shall provide and monitor VHF Marine radio channel 9 during bridge operating hours.

B. The CONTRACTOR shall provide and monitor an intercom system to hear vessels requesting an opening by the use of a horn.

4.6 PERSONNEL REQUIREMENTS:

Any person operating the Torry Island Swing Bridge shall meet all of the following criteria:

A. At least eighteen (18) years of age;

B. Corrected vision of 20/40 or better which is verified by a periodic eye exam performed at intervals not to exceed two (2) years;

C. Able to distinguish primary colors (red, green and blue) as verified by an initial eye exam;

D. Able to hear frequencies from 500 to 600 Hertz + 15 decibels (DB) with hearing sensitivity able to resolve no less than -50 DB in normal situations as determined by an initial exam and at intervals not to exceed five (5) years;

E. Able to speak, understand, read, and write English;

F. Able to read and comprehend Palm Beach County and U.S. Coast Guard manuals, rules, regulations, and procedures;

G. Able to keep logs and records in accordance with Palm Beach County procedures in correct, legible English;

H. Physically capable of lifting a twenty (20) lb. bar, inserting the bar into bridge drive receptacle, and pushing bar with one hundred (100) lbs. of force while walking.

4.7 TRAINING/CERTIFICATION:

A. Bridgetenders shall perform ten (10) bridge openings under the supervision of a person who has a minimum of six (6) months experience operating a manually operated swing bridge.

B. The Bridgetenders shall obtain a Letter of Certification from the person certifying their skills stating “Swing Bridge Bridgetender Certification” with the tenders name, trainers name and signature, name of bridge and date.

4.8 COUNTY RESPONSIBILITIES:

A. The COUNTY shall notify CONTRACTOR of the need to close the bridge or otherwise deem it nonoperational for a continuous period exceeding seven (7) days. CONTRACTOR is relieved of the obligations set forth herein until such time as the bridge is reopened and operational. A corresponding reduction in the amount paid to CONTRACTOR shall be determined by dividing the monthly amount by the number of days the bridge was closed or nonoperational.

B. In the event the bridge is nonoperational for more than thirty (30) days, the

COUNTY shall give CONTRACTOR seven (7) days notice of the date services will be required.

C. The COUNTY shall provide the incident, accident, unnecessary opening, and boat log forms for CONTRACTOR’s use.

D. The COUNTY shall close the Torry Island Swing Bridge to marine traffic prior to hurricane landfall. The Torry Island Swing Bridge shall not be operated when winds are above 40 MPH sustained winds.

E. At the COUNTY’s discretion, progress meetings may be held to discuss all issues relevant to the performance and/or administration of the bridgetending responsibilities. CONTRACTOR shall be notified by the

Road & Bridge Division at least three (3) calendar days in advance of a progress meeting. CONTRACTOR shall provide a representative to be present and authorized to act on behalf of the CONTRACTOR at the progress meetings.

F. In the event an emergency progress meeting is required, CONTRACTOR shall be given 24-hours notice by the Road & Bridge Division.

SECTION 5

ATTACHMENTS

ATTACHMENT 1 - SAMPLE STANDARD CONTRACT

ATTACHMENT 1

SAMPLE STANDARD CONTRACT

CONTRACT FOR

BRIDGETENDING SERVICES FOR THE TORRY ISLAND SWING

BRIDGE

(Contract No. 600549/LAC)

This Contract No. 600549/LAC is made as of this day of , 2018, by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and (Put in Vendor’s Legal Name and Address) , (select the applicable type from the following types of entities) an individual, a partnership, a corporation, a limited liability company, or specify another authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR.

In consideration of the mutual promises contained herein, the COUNTY and the CONTRACTOR agree as follows:

ARTICLE 1 - SERVICES

The CONTRACTOR’s responsibility under this Contract is to provide bridgetending services at Torry Island Swing Bridge to the Engineering Department, Road & Bridge Division, in accordance with Exhibit A, Scope of Work/Services, and Exhibit ___, CONTRACTOR's submittal dated _______________________, both of which are attached hereto and incorporated herein.

The COUNTY’s representative/liaison during the performance of this Contract shall be Barry Meve, Bridge Superintendent, telephone number (561) 233-3975 or designee.

The CONTRACTOR’s representative/liaison during the performance of this Contract shall be (Name, Title) , telephone number .

ARTICLE 2 - ORDER OF PRECEDENCE

Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the provisions of the Contract, including Exhibit A, (2) the provisions of RFS No. 600549/LAC and all Amendments thereto, which are incorporated into and made a part of this Contract; (3) Exhibit __, CONTRACTOR’s submittal dated ___________;

and (4) all other documents, if any, cited herein or incorporated herein by reference.

ARTICLE 3 - SCHEDULE

The CONTRACTOR shall commence services on October 1, 2018, and complete all services by September 30, 2020, with three (3) one (1) year options for renewal at the sole discretion of the COUNTY.

Reports and other items shall be delivered and/or completed in accordance with Exhibit A.

ARTICLE 4 - PAYMENTS TO CONTRACTOR

A. The total amount to be paid by the COUNTY under this Contract for all services and materials shall not exceed a total contract amount of __________ Dollars and no or ____ cents ($ ).

The CONTRACTOR shall notify the COUNTY’s representative, in writing, when ninety percent (90%) of the “not-to-exceed amount” has been reached. The CONTRACTOR will bill the COUNTY on a monthly basis, or as otherwise provided, at the amounts set forth in Exhibit __ for services rendered toward the completion of the Scope of Work/Services. Where incremental billings for partially completed items are permitted, the total billings shall not exceed the estimated percentage of completion as of the billing date.

B. CONTRACTOR shall send ALL ORIGINAL invoices to: PALM BEACH COUNTY

FINANCE DEPT., P.O. BOX 4036, WEST PALM BEACH, FL 33402-4036, with a copy to the COUNTY’s representative. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the COUNTY’s representative, indicating that services have been rendered in conformity with the Contract. Approved invoices will be sent to the Finance Department for payment.

Invoices will normally be paid within thirty (30) days following approval by the COUNTY’s representative. Invoices submitted on carbon paper shall not be accepted. In order for the COUNTY to make payment, the CONTRACTOR must ensure that the following information included on Appendix _, Business Information, of Exhibit __, CONTRACTOR’s submittal, must be exactly the same as it appears on the invoice and in the COUNTY’s Vendor Self Service System which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService: Vendor’s Legal Name, Vendor’s Address, and Vendor’s TIN/FEIN Number.

C. Final Invoice: In order for both parties herein to close their books and records, the

CONTRACTOR will clearly state “final invoice” on the CONTRACTOR’s final/last billing to the COUNTY. This shall constitute CONTRACTOR’s certification that all services have been properly performed and all charges and costs have been invoiced to the COUNTY. Any further charges, if not properly included on this final invoice, are waived by the CONTRACTOR.

ARTICLE 5 - PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS

Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed COUNTY contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the COUNTY, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, F.S., in the same manner as a second degree misdemeanor.

ARTICLE 6 - TRUTH-IN-NEGOTIATION CERTIFICATE/MOST FAVORED CUSTOMER

Signature of this Contract by the CONTRACTOR shall also constitute the execution of a truth-in-negotiation certificate certifying that the wage rates, over-head charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete, and current as of the date of the Contract and no higher than those charged the CONTRACTOR’s most favored customer for the same or substantially similar service.

The said rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate representation(s) of fees paid to outside contractors. The COUNTY shall exercise its rights under this Article 6 within three (3) years following final payment.

Furthermore, the CONTRACTOR warrants that the price(s) shall not exceed the CONTRACTOR’s price(s) extended to its most favored customer for the same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the CONTRACTOR offers more favorable pricing to one of its customer(s), the CONTRACTOR shall extend to the COUNTY the same pricing or the then current market price, whichever is lower.

ARTICLE 7 - TERMINATION

This Contract may be terminated by the CONTRACTOR upon sixty (60) days prior written notice to the COUNTY, in the event of substantial failure by the COUNTY to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the COUNTY, with cause upon five (5) business days written notice to the CONTRACTOR, or without cause upon ten (10) business days written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for services rendered to the COUNTY’s satisfaction through the date of termination. After receipt of a Termination Notice, except as otherwise directed by the COUNTY in writing, the CONTRACTOR shall:

1. Stop work on the date and to the extent specified.

2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work.

3. Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY.

4. Continue and complete all parts of the work which have not been terminated.

ARTICLE 8 - PERSONNEL

The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the

COUNTY.

All of the services required hereinunder shall be performed by the CONTRACTOR, or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services.

Any changes or substitutions in the CONTRACTOR’s key personnel, as may be listed in Exhibit __, (fill in the blank) attached hereto and incorporated herein, must be made known to the COUNTY's representative and written approval must be granted by the COUNTY's representative before said change or substitution can become effective.

The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field.

All of the CONTRACTOR’s personnel (and all subcontractors) will comply with all COUNTY requirements governing conduct, safety, and security while on COUNTY premises.

ARTICLE 9 - CRIMINAL HISTORY RECORDS CHECK

The CONTRACTOR, CONTRACTOR's employees, subcontractors of CONTRACTOR and employees of subcontractors shall comply with Palm Beach County Code, Section 2- 371 – 2-377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), for unescorted access to critical facilities ("Critical Facilities") or criminal justice information facilities ("CJI Facilities") as identified in Resolution R-2003-1274, as amended. The CONTRACTOR is solely responsible for understanding the financial, schedule, and/or staffing implications of this Ordinance. Further, the CONTRACTOR acknowledges that its Contract price includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the COUNTY.

This Contract may include sites and/or buildings which have been designated as either “critical facilities” or "criminal justice information facilities" pursuant to the Ordinance and Resolution R-2003-1274, as amended. COUNTY staff representing the COUNTY department will contact the CONTRACTOR(s) and provide specific instructions for meeting the requirements of this Ordinance. Individuals passing the background check will be issued a badge. The CONTRACTOR shall make every effort to collect the badges of its employees and its subcontractors’ employees upon conclusion of the contract and return them to the COUNTY. If the CONTRACTOR or its subcontractor(s) terminates an employee who has been issued a badge, the CONTRACTOR must notify the COUNTY within two (2) hours. At the time of termination, the CONTRACTOR shall retrieve the badge and shall return it to the COUNTY in a timely manner.

The COUNTY reserves the right to suspend the CONTRACTOR if the CONTRACTOR:

1) does not comply with the requirements of County Code Section 2-371 – 2-377, as amended; 2) does not contact the COUNTY regarding a terminated CONTRACTOR employee or subcontractor employee within the stated time; or 3) fails to make a good faith effort in attempting to comply with the badge retrieval policy.

ARTICLE 10 - SUBCONTRACTING

The COUNTY reserves the right to accept the use of a subcontractor, or to reject the selection of a particular subcontractor, and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Contract. The CONTRACTOR is encouraged to seek additional small business enterprises (SBE) for participation in subcontracting opportunities. If the CONTRACTOR uses any subcontractors on this project, the following provisions of this Article shall apply:

A. If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so, subject to acceptance of the new subcontractor by the COUNTY.

B. The CONTRACTOR agrees to abide by all provisions of the Palm Beach County

Code establishing the SBE Program, as amended, and understands that failure to comply with any of the requirements will be considered a breach of contract.

C. The CONTRACTOR understands that each SBE utilized on this Contract must be certified by Palm Beach County in order to be counted as SBE participation.

D. The CONTRACTOR further agrees to provide the Office of Small Business Assistance (OSBA) with a copy of the CONTRACTOR’s contract with any SBE subcontractor or any other related documentation upon request.

E. After contract…