ADDENDUM NO. 2 PB 26-9.pdf

PB 26-9 Addendum No. 2

JULY 7, 2026

BOARD OF COUNTY COMMISSIONERS

PALM BEACH COUNTY, FLORIDA

PALM BEACH COUNTY DEPARTMENT OF AIRPORTS

PROJECT NAME: Master Plan Update

PROJECT NUMBER: PB 26-9

DESCRIPTION: Request for Proposals (Qualifications Based Selection Process)

ADDENDUM NUMBER 2

Date of Issue: July 7, 2026

This addendum modifies or interprets the proposal documents by additions, deletions, clarifications, corrections, or other type of modifications. Addenda will become part of the

Contract Documents. Proposers, upon receiving addenda, shall insert same into the Proposal

Documents.

It is required that Addendum Number 2 be signed in the Acknowledgement of Receipt below and attached to the Proposal and become part of the Proposal.

Acknowledgement of Receipt of Proposer

ADDENDUM NO. 2

PB 26-9 Addendum No. 2

JULY 7, 2026

This addendum includes the following:

1. Questions

Question: Can you please provide the attendee list for the pre-proposal meeting?

Response: Yes, it is attached to this addendum.

Question: According to RFP Section VII, Item D. 5 (Page 9), we are to include 5 references from our SF 330. Would you clarify whether we should only include 5 projects in the SF 330

(from which these references correspond), or may we include up to 10 projects in the SF

330?

Response: Proposals may utilize SF 330 to include up to 10 projects.

Question: Addendum 1, released 6/26, shows the Sample Contract as an attachment;

however, it was not attached. I also do not see it posted in the PBC Vendor portal. Can the

County please provide so our legal team can review?

Response: Yes, it is included in this addendum.

Question: Is there a SBE goal?

Response: No, this project will use Federal funding.

This Addendum includes the following attachments:

Pre-Proposal Conference meeting minutes, PowerPoint, participant list, Standard

Professional Services Contract

END OF ADDENDUM NO. 2

Copyright [insert date set by system] by [CH2M HILL Entity] • Company Confidential

June 29, 2026 at 2:00 pm

Palm Beach County Department of Airports

Planning & Development Division

Request for Proposals

PB 26-9

Airport Master Plan Update at Palm Beach International Airport

Agenda

Introductions

Brief Overview of Services Desired

DBE Participation and Federal Requirements

CCNA Certification Requirements

Contents of Submittal

Selection Process and Submittal Date

Questions

Palm Beach County Department of Airports

The Palm Beach County Department of Airports operates and maintains the following airports:

• Palm Beach International Airport (PBI)

• North Palm Beach County General Aviation Airport (F45)

• Palm Beach County Park Airport (LNA)

• Palm Beach County Glades Airport (PHK)

Policy is established by the Board of County Commissioners

Operates as an enterprise fund, no ad valorem tax support

Operations are funded by user fees to airlines, businesses and passengers

Construction is funded by grants, Passenger Facility Charges, revenue bonds, and airport revenues

Department of Airports

North Palm Beach County

General Aviation Airport (F45)

Palm Beach County

Glades Airport (PHK) Palm Beach County

Park Airport (LNA)

Palm Beach International Airport (PBI)

Location of Airports Within Our System

Key

Palm Beach County

Glades

North Palm Beach

County GA

Palm Beach

International

Park

Scope of Services

The Master Plan Update will serve as the guiding document for PBI’s future development. The Master Plan Update will, at a minimum, provide for the following elements:

Public Involvement

Existing Conditions

Validation of PBI Aviation

Forecast

Facility Requirements

Alternatives Development and Evaluation

Airport Layout Plan

Facilities Implementation

Plan

Environmental Considerations

Financial Feasibility Analysis

DISADVANTAGED BUSINESS ENTERPRISE (DBE)

PROPOSAL REQUIREMENTS

DBE Participation

DBE Subcontracting: DBE Goal of 0%

Required Forms:

Attachment F – Required Federal Certifications

F-1 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier

Participation

F-2 Certification Regarding Lobbying

Attachment G - Certifications and DBE Forms

Exhibit 1 – Restrictions on Lobbying Certifications

Exhibit 2 - SAM (System for Award Management)

Exhibit 3 – Federal Tax Liability and Recent Felony Convictions Disclosure

Exhibit 4 – DBE Schedules

Schedule 6(A), Respondent & Subcontractor’s Information

Exhibit 5 – Trade Restrictions Certification

The work assigned under the contract to be awarded under this RFP will be funded with federal, state and/or local funds. The Disadvantaged Business Enterprise participation goal (“DBE Goal”) is )% under the current Interim Final

Rule. Amendments to DBE requirements may be necessary as future changes to the program occur to maintain

Federal funding eligibility.

By submitting a proposal under this RFP, Consultant certifies, represents, and warrants that it will comply with the

Requirements included in Attachment H - Sample Contract and that it must be familiar with the detailed federal requirements described in this RFP.

Additional questions regarding the DBE requirements for this specific proposal should be submitted in writing to the Department in accordance with the Request For Proposal.

Additional general information regarding DBE certification may be obtained by contacting:

Anthony Gregory, Compliance Manager

Palm Beach County Department of Airports agregory@pbia.org (561) 471 – 7421

CONSULTANT’S COMPETITIVE NEGOTIATIONS ACT

(CCNA) CERTIFICATION

Consultant’s Competitive Negotiations Act (CCNA) Certification

Firms must be Consultant’s Competitive Negotiations Act (CCNA) certified prior to submission of qualifications, if required by Florida Statute

“Firm” means any individual, firm, partnership, corporation, association or other legal entity permitted by law to practice architecture, landscape architecture, engineering or land surveying and mapping in the State.

For information on CCNA certification contact:

Holly B. Knight, P.E.

Palm Beach County Engineering/Roadway Production Division

Telephone (561) 684 – 4150

CONTENTS FOR SUBMITTAL

Proposal Contents – Section VI (D)

1) Letter of Interest/Program Approach/Executive Summary (5 page maximum)

2) Proposal Certification Form (Attachment A)

3) Organizational Chart and Description of Personnel – Illustrate the program approach covered in Section 1, showing the function and duties of team members, including a brief description of key personnel and their assigned roles, as well as their past experience with similar projects. (5 page maximum)

4) Provide current Standard Form 330 to include those personnel within the prime consultant firm or sub-consultants, who have similar experience. (Length, as required)

5) Five (5) verifiable references for work of a similar nature completed in the last ten (10)years. This can be accomplished in the Standard Form 330

6) Consultant Responsibility Form (Attachment B)

Proposal Contents – Section VI (D) - Continued

7) Conflict of Interest Disclosure Form for each member of the team

(Attachment C)

8) Prime Consultant Qualification Questionnaire (Attachment D)

9) Subconsultant Qualification Questionnaire (Attachment E)

10) Summary of Consultant and Subconsultants Questionnaires (Attachment F)

11) Required Federal Certifications (Attachment G)

12) DBE Schedule 6A (Attachment H)

13) Other information that may be appropriate

SELECTION PROCESS AND SUBMITTAL DATE

Selection Process/Criteria

Each proposal will be evaluated based on the criteria contained in Palm

Beach County PPM CW-O-048 and summarized below:

➢Ability, knowledge of design criteria and past performance of firm and the designated project team to satisfy the technical requirements of the project, including the following areas of consideration:

Professional qualifications of proposed project team to perform the work

Demonstrated knowledge of design criteria for similar projects

Demonstrated past performance of the firms and project team in completing similar projects

Selection Process/Criteria (continued)

➢ Approach to the project, understanding of the project, and quality of submittal/ presentation, including meeting time/budget requirements, including the following areas of consideration:

Demonstrated understanding of the project and County’s goals and objectives

Demonstrated innovation in project approach

Demonstrated ideas for cost-effectiveness

Quality and clarity of proposal and/or presentation

Demonstrated ability to meet time and budget constraints

➢ Volume of previous work awarded by the County over the past four years

Proposers should utilize information relative to Fiscal Year 2026 (FY26) as the current year. A “Consultant Fees Considered” summary is provided on the County’s

Engineering – Roadway Production website dated February 3, 2026. It is incumbent for the firm to add the value of any additional fees through the fiscal year that may not be reflected in the document.

Engineering and Public Works - Roadway Production Roadway Publications (pbcgov.org) https://discover.pbcgov.org/engineering/roadwayproduction/Pages/Roadway-Publications.aspx https://discover.pbcgov.org/engineering/roadwayproduction/Pages/Roadway-Publications.aspx https://discover.pbcgov.org/engineering/roadwayproduction/Pages/Roadway-Publications.aspx https://discover.pbcgov.org/engineering/roadwayproduction/Pages/Roadway-Publications.aspx

CRITERIA POINT VALUE

FINAL

SELECTION

SHORT-

LIST

1. Ability, knowledge of design criteria and past performance of firm and the designated project team to satisfy the requirements of the project.

Areas of Consideration in the Evaluation:

Professional qualifications of proposed project team to perform subject work; Demonstrated knowledge of design criteria for similar projects;

Demonstrated past performance of the firm and project team in completing similar projects.

35 50

2. Approach to the project, understanding of the project and quality of the presentation/written response, including meeting time requirements.

Areas of consideration in the evaluation:

Demonstrated understanding of the project and County’s goals and objectives; Demonstrated innovation in project approach; Demonstrated ideas for cost-effectiveness; Quality and clarity of presentation/written response to the public announcement; Demonstrated ability to meet schedule requirements.

35 20

3. Volume of previous work awarded or funded by the County over the past 4 years (The firm with the most work receives the lowest score)

10 10

Selection Process/Preliminary Timeline

Following submittals on July 15, 2026 packages will be reviewed by members of the Shortlist Committee

Shortlist Committee will tentatively convene in July/August 2026 to “shortlist” a minimum of two more firms than the number to be selected

Shortlisted firms will receive notification that they have been selected for an interview, consisting of a presentation followed by Q & A

The CCNA A/E Selection Committee will tentatively convene in

August/September 2026 to hear presentations/Q&A and to make final ranking/selection

Most qualified firm will be chosen and submitted to Board of County

Commissioners for final approval

Submittal Date

Submittals are due at the Department of Airports on or before:

Wednesday, July 15, 2026

3:00 pm (local time)

Submit one (1) original six (6) bound copies and one (1) electronic copy in

Portable Document Format (PDF) on a flash drive.

Direct all questions and comments, in writing, to:

rfi@pbia.org

Last day for questions/clarifications is Monday, July 6, 2026 at 3:00 pm

All information related to this Request, as well as all forms to be included in the submittal, can be found on Palm Beach County’s

Self Service Vendor website at:

https://pbcvssp.pbc.gov/vssprd/Advantage4

NOTE: All amendments and/or addenda to this Request for

Proposals will also be posted on this website. It is incumbent upon the interested individuals or firms to ensure they have all of the current information by visiting this website prior to the submittal date.

Important Information

Questions?

PB 26-9 Pre-proposal Mtg. Minutes (06/29/2026) Page 1 of 2

Pre-proposal Meeting Minutes in Black Italics

PB 26-9 Airport Master Plan Update

June 29, 2026 at 2 PM Department of Airports Administration Building (Bldg 846)

Palm Beach International Airport (PBI) Main Conference Room

AGENDA

Introductions

The meeting was started at 2:00 PM

The Department of Airports (DOA) started introductions. DOA Staff included:

• Lauren Scott, Deputy Director of Planning and Development

• Brittany Summerlot, Director of Planning

• Anthony Gregory, Compliance Manager

See attached sign-in sheet for non-DOA attendees.

Services Desired

High-level summary of Palm Beach County Department of Airports was provided with PowerPoint presentation.

Professional services to DOA for each Consultant Services Agreement (CSA) assigned under the continuing contract may include:

• Public Involvement

• Existing Conditions

• Validation of PBI Aviation Forecast

• Facility Requirements

• Alternatives Development and Evaluation

• Airport Layout Plan

PB 26-9 Pre-proposal Mtg. Minutes (06/29/2026) Page 2 of 2

• Facilities Implementation Plan

• Environmental Considerations

• Financial Feasibility Analysis

DBE Participation and Federal Requirements

Review of DBE Goal, Office of Small Business Development (OSBD), required schedules, required Federal certifications with corresponding forms, and DBE certification and forms were reviewed with the PowerPoint presentation.

CCNA Certification Requirements

Firms must be CCNA certified prior to the submission of qualifications, if required by Florida Statute.

Contents of Submittal

Review of proposal contents sections.

Selection Process

The three selection criteria and scoring for the short-list and final selection committee were reviewed.

• Shortlist Committee Meeting – tentatively planned for July/August 2026

• Selection Committee Meeting – tentatively planned for August 2026 Submittal Date

• Submittals are due Monday, July 15, 2026 at 3pm

• Last day for questions is Monday, July 6, 2026 at 3pm

ID Start time Completion time Name2 Firm/Organization/Company NameEmail Adddress Phone Number

1 6/29/26 13:53:29 6/29/26 13:55:32 David Ramacorti Ricondo & Associates, Inc.Dramacorti@ricondo.com (561) 277-3715

2 6/29/26 13:58:19 6/29/26 13:59:19 Anna Francis CHA Consulting afrancis@chasolutions.com 3173737300

3 6/29/26 13:58:47 6/29/26 13:59:38 Jim Halley HDR Jim.halley@hdrinc.com 954-439-8048

4 6/29/26 13:58:29 6/29/26 13:59:42 Paul Puckli CHA Consulting, Inc. ppuckli@chasolutions.com 7036254889

5 6/29/26 13:58:24 6/29/26 13:59:51 Stephanie Lopez CHA Consulting Slopezcruz@chasolutions.com 7875382533

6 6/29/26 13:58:59 6/29/26 13:59:55 Michelle Gallo Landrum & Brown Michelle.gallo@landrumbrown.com 513.324.2828

7 6/29/26 13:58:48 6/29/26 13:59:58 Sam Sprague Landrum & Brown Sam.sprague@landrumbrown.com 5132553379

8 6/29/26 13:59:08 6/29/26 14:00:02 Santh Sathya LuftCar LLC santh.sathya@luftcar.com 408 905 0036

9 6/29/26 13:58:37 6/29/26 14:00:09 Robert Mentzer HMMH Inc. Rmentzer@hmmh.com 339-234-8703

10 6/29/26 13:59:54 6/29/26 14:00:20 Cody parham Garver ctparham@garverusa.com 6786176958

11 6/29/26 13:59:49 6/29/26 14:00:37 Jose Blanco CHA Consulting jblanco@chasolutions.com 3054873229

12 6/29/26 14:00:42 6/29/26 14:01:17 Katie Hawkinson Landrum & Brown katie.hawkinson@landrumbrown.com 5135301276

13 6/29/26 14:00:43 6/29/26 14:01:40 Brittany Smith CHA bsmith@chasolutions.com 6153618669

14 6/29/26 14:00:55 6/29/26 14:02:42 Sarah Strom Landrum & Brown Sarah.Strom@landrumbrown.com 7208003652

15 6/29/26 14:12:47 6/29/26 14:13:50 Jim Duguay Michael Baker Intl jduguay@mbakerintl.com 6784634530

PB 26-9 Airport Master Plan Update - Pre-Proposal Meeting - Participant List

(Revised 2/27/26)

CONTRACT FOR CONSULTING / PROFESSIONAL SERVICES

This Contract is made as of ______________, 20__, by and between Palm Beach County, a Political

Subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the COUNTY, and ____________________, a corporation authorized to do business in the State of Florida, hereinafter referred to as the CONSULTANT, whose Federal I.D. is 56-0885615.

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

ARTICLE 1 - SERVICES

The CONSULTANT’S responsibility under this Contract is to provide professional consulting, design and engineering services to the COUNTY for ________________________ Project (“Project”) at the

________________________, which shall include, but shall not be limited to, _____________________________. The CONSULTANT shall complete the initial services set forth in Exhibit “A” (“Scope of Work”), attached hereto and incorporation herein, in accordance with the

Scope of Work. The parties acknowledge and agree this Contract may be amended to provide additional or supplemental services for the Project that are not specifically identified in Exhibit “A”.

The COUNTY’S representative / liaison during the performance of this Contract shall be

__________________, for the Palm Beach County Department of Airports (“Department”) or such other representative as may be assigned by the Department in writing to the CONSULTANT.

The CONSULTANT’S representative / liaison during the performance of this Contract shall be

_______________, telephone no. __________.

ARTICLE 2 - PERFORMANCE PERIOD

This Contract shall become effective on the date that this Contract is approved by the Palm Beach

County Board of County Commissioners and signed by all parties hereto (“Effective Date”). The term of this Contract shall commence on the Effective Date and shall expire upon completion of the Project, unless terminated in accordance with Article 5 of this Contract. The CONSULTANT shall commence services set forth in the Scope of Work upon receipt of a written Notice to Proceed from the COUNTY.

Deliverables shall be completed in accordance with the schedule and requirements set forth in the

Scope of Work.

Reports and other items shall be delivered or completed in accordance with the detailed schedule set forth in Exhibit ”C” and in individual Consultant Service/Task Authorizations.

ARTICLE 3 - PAYMENTS TO CONSULTANT

A. Amount. The total amount to be paid by the COUNTY under this Contract for all services and materials including, if applicable, "out of pocket" expenses (specified in paragraph C below) shall not exceed a total contract amount of

___________________________________________ ($________). The Consultant shall notify the COUNTY’S representative in writing when ninety percent (90%) of the "not to exceed amount" has been reached. The CONSULTANT will bill the COUNTY on a monthly basis, or as otherwise provided, at the amounts set forth in Exhibit “B” for services rendered toward the completion of the Scope of Work. Lump sum project phases will be invoiced on a monthly basis based on total percentage complete. Time & Material task orders will be invoiced monthly based on total labor hours plus reimbursable expenses in accordance with a not to exceed amount. 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.

Should this Contract have approved subconsultant(s), the CONSULTANT shall pay the subconsultant(s) within ten (10) business days of receipt of payment from the COUNTY.

B. Invoices. Invoices received from the CONSULTANT pursuant to this Contract will be reviewed and approved by the COUNTY’S representative, to verify that services have been rendered in conformity with the Contract. Approved invoices will then be sent to the Finance

Department for payment. Invoices will normally be paid within forty-five (45) days following the COUNTY representative's approval, in accordance with the Local Government Prompt

Payment Act sections 218.70-218.80, as may be amended. All invoices shall be submitted to the COUNTY’S representative within six (6) months of providing the invoiced services.

Invoices for services beyond six (6) months from date of invoice will not be approved. Invoices must reference the Contract and Task Order numbers.

C. Expenses. All requests for payment of "out-of-pocket" expenses eligible for reimbursement under the terms of this Contract shall include copies of paid receipts, invoices, or other documentation acceptable to the Palm Beach County Finance Department. Such documentation shall be sufficient to establish that the expense was actually incurred and necessary in the performance of the Scope of Work described in this Contract. Any travel, per diem, mileage, meals, or lodging expenses which may be reimbursable under the terms of this

Contract will be paid in accordance with the rates and conditions set forth in section 112.061, Florida Statutes and Palm Beach County Policies and Procedures Manual Travel PPM# CW-

F-009, as may be amended. Requests for reimbursement of travel expenses shall include the use of Florida Department of Transportation Contractor Travel Form No. 300-000-06 to be submitted with the request for payment. Consultant shall submit all portions of the travel-related reimbursable expenses at the same time in one request. The County has the right to disallow any travel-related expenses that a granting agency or the State of Florida has disallowed.

D. Contract Closeout Period. CONSULTANT shall submit any pending invoice(s) and/or report(s), along with any required documents, to the COUNTY within forty-five (45) business days after the termination or expiration of the contract in order to close-out the contract

(“Closeout Period”). These invoice(s) and/or report(s), including but not limited to vendor performance report(s), shall reflect work required and completed during the contract term. The

COUNTY shall deem invoices received during and prior to the expiration of the Closeout

Period as final billing for goods and services provided under the contract. CONSULTANT’S failure to submit pending invoices during the Closeout Period shall serve as an admission that no pending invoices remain. Nothing herein shall limit the COUNTY’S discretion to make the final determination whether payment may be made to CONSULTANT after the expiration or termination of the contract.

E. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the CONSULTANT’S final/last billing to the COUNTY.

This shall constitute CONSULTANT’S certification that all services have been properly performed and all charges and costs have been invoiced to Palm Beach County. Any other charges not properly included on this final invoice are waived by the Consultant.

F. VSS Registration Required. In order to do business with Palm Beach County, CONSULTANTS 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.pbc.gov. If CONSULTANT intends to use sub-consultants, CONSULTANT must also ensure that all sub-consultants are registered as consultants in VSS. All subcontractor agreements must include a contractual provision requiring that the sub-consultant register in VSS. COUNTY will not finalize a contract award until the COUNTY has verified that the CONSULTANT and all of its subconsultants are registered in VSS.

ARTICLE 4 - TRUTH-IN-NEGOTIATION CERTIFICATE

Signature of this Contract by the CONSULTANT shall also act as 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 CONSULTANT’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 representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this article within three (3) years following final payment.

ARTICLE 5 - TERMINATION

This Contract may be terminated by the CONSULTANT 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 CONSULTANT. It may also be terminated, in whole or in part, by the COUNTY, with cause upon five (5) business days’ written notice to the CONSULTANT or without cause upon ten (10) business days’ written notice to the CONSULTANT .

Unless the CONSULTANT is in breach of this Contract, the CONSULTANT 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 CONSULTANT shall:

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

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

C. Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY, including, but not limited to, all data, survey’s, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the CONSULTANT under this contract, whether complete or partially complete

D. Continue and complete all parts of the work that have not been terminated.

ARTICLE 6 - PERSONNEL

The CONSULTANT 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 under this Contract shall be performed by the CONSULTANT 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 CONSULTANT’s key personnel, as may be listed in Exhibit “A”, 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 CONSULTANT warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field.

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

ARTICLE 7 - 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

CONSULTANT is encouraged to seek additional small business enterprises for participation in subcontracting opportunities.

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 CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor by the COUNTY.

ARTICLE 8 – DISADVANTAGED BUSINESS ENTERPRISES (DBE)

A. Policy. The requirements of 49 CFR Part 26, as amended, regulations of the U.S.

Department of Transportation (“DOT”), apply to this Contract. It is the policy of Palm Beach

County as the Owner, to practice nondiscrimination based on race, color, sex or national origin in the award and/or performance of this Contract. The COUNTY encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. All DBEs and Small Business Concerns qualifying under this solicitation are encouraged to submit proposals. Award of the contract will be conditioned upon satisfying the requirements of this proposal specification. These requirements apply to all firms, including those who qualify as

DBEs and Small Business Concerns.

B. Contract Assurance. The CONSULTANT, sub-recipients and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this

Contract. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as the COUNTY deems appropriate, which may include, but is not limited to, (i) withholding monthly progress payments, (ii) assessing sanctions, (iii) liquidated damages, and/or (iv) disqualifying the CONSULTANT from future bidding as non-responsible. CONSULTANT shall include the aforementioned provision in each subcontract that the CONSULTANT signs under this Contract and shall require subcontractors to include this provision in their subcontracts.

C. DBE Participation

No DBE goal has been established for this contract. This contract is subject to the provisions of the Interim Final Rule, Docket No. DOT–OST–2025–0897, issued by the United States

Department of Transportation (USDOT), amending the Disadvantaged Business Enterprise

(DBE) Program effective October 3, 2025 (“IFR”). CONSULTANT should note that DBE firms are subject to recertification by the Unified Certification Program for the State of Florida as required by the IFR. Palm Beach County encourages participation by all firms qualifying under this contract, regardless of business size or ownership, including Small Business

Concerns as defined in 49 CFR §26.5. This contract will be subject to future amendments to the DBE Program to remain eligible for federal funding.

D. Reporting/Inspection Requirements

(1) The CONSULTANT shall be required to submit regular progress reports, in a form and substance as required by the COUNTY, related to participation by all subcontractors and suppliers participating in this Contract, including, but not limited to DBEs and

Small Business Concerns. The form of required progress reports may be modified by

COUNTY from time to time upon prior written notice to the CONSULTANT. Failure to submit accurate, complete progress reports shall be considered a material default of this Contract. Progress reports shall be completed and submitted with each payment request or application for payment. Failure to provide the required progress reports as instructed may result in a delay in processing payment or disapproval of the invoice until a complete, accurate progress report is submitted, as required.

(2) Within ten (10) days of COUNTY request, the CONSULTANT shall provide any additional information requested by County to substantiate participation by all subcontractors and suppliers, including, but not limited to, DBEs and Small Business

Concerns. CONSULTANT shall provide complete copies of each written subcontract or agreement between CONSULTANT and all subcontractors and suppliers to

COUNTY, including DBEs and Small Business Firms, for the work relative to this

Contract with the first payment request or application for payment and a complete list of the names of all subcontractors and suppliers and the dollar amount of each subcontract or agreement. Failure to provide the information required by this subsection within ten (10) days of the COUNTY’S written request shall be considered a material default of this Contract.

(3) It shall be the responsibility of the CONSULTANT to ensure that the DBE firms performing services under this Contract perform a Commercially Useful Function (as defined in 49 CFR Part 26). The CONSULTANT shall ensure that work committed to a DBE firm as a part of this Contract is actually performed by the DBE firm and shall notify COUNTY in the event work committed to the DBE firm is actually performed by a non-DBE subcontractor.

(4) The CONSULTANT shall maintain records and documents of payments to DBE firms performing under this Contract for a minimum of five (5) years from the termination date of this Contract. The records shall be made available to County or the US

Department of Transportation, or any agency thereof, for inspection upon request. The

CONSULTANT shall also require its subcontractors and suppliers maintain their records and documents of payments from the CONSULTANT for a minimum of five

(5) years from the termination date of this Contract and ensure that the records are made available to COUNTY or the U.S. Department of Transportation, or any agency thereof, for inspection upon request. The provisions of this Section shall survive the expiration or earlier termination of this Contract.

E. DBE Substitution/Termination.

(1) The CONSULTANT must not terminate a DBE subcontractor listed in

Schedule 1A, List of Proposed DBE Firms (or an approved substitute DBE firm) without prior written consent of the COUNTY. This includes, but is not limited to, instances in which the CONSULTANT seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.

(2) The CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains written consent from the COUNTY. Unless the COUNTY’S consent is provided, the

CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. The COUNTY may provide such written consent only if the COUNTY agrees, for reasons stated in the concurrence document, that the CONSULTANT has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR § 26.53.

(3) Before transmitting to the COUNTY y its request to terminate and/or substitute a DBE subcontractor, the CONSULTANT must give notice in writing to the DBE subcontractor, with a copy to the COUNTY, of its intent to request to terminate and/or substitute, and the reason for the request. The CONSULTANT must give the DBE five days to respond to the CONSULTANT’s notice and advise the COUNTY and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the COUNTY should not approve the CONSULTANT’s action.

If required in a particular case as a matter of public necessity (e.g., safety), the

COUNTY may provide a response period shorter than five days.

(4) In addition to post-award terminations, the provisions of this section apply to pre-award deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.

F. Small Business Participation. In order to facilitate competition by Small Business Concerns as defined 49 CFR §26.5, Bidders shall take all reasonable steps to eliminate obstacles to their participation in this Contract, including, providing subcontracting opportunities of a size that small businesses, including DBEs, can reasonably perform, rather than self-performing all work involved. COUNTY may require Contractor to provide evidence, reasonably satisfactory to COUNTY, that each Small Business Concern participating in this Contract satisfies the requirements established by 49 CFR §26.5. Contractor shall provide information requested pursuant to this Section within ten (10) days within of COUNTY’S written request.

ARTICLE 9 - FEDERAL AND STATE TAX

The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY will sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the CONSULTANT authorized to use the COUNTY’S Tax Exemption Number in securing such materials.

The CONSULTANT shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this Contract.

ARTICLE 10 - AVAILABILITY OF FUNDS

The COUNTY’S performance and obligation to pay under this Contract for subsequent fiscal years are contingent upon annual appropriations for its purpose by the Board of County Commissioners.

ARTICLE l1 - INSURANCE

A. The CONSULTANT shall maintain at its sole expense, in force and effect at all times during the term of this Contract, insurance coverage and limits (including endorsements) as described herein. Failure to maintain at least the required insurance shall be considered default of the Contract. The requirements contained herein, as well as COUNTY’S review or acceptance of insurance maintained by CONSULTANT, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSULTANT under the Contract. CONSULTANT agrees to notify the COUNTY at least ten (10) days prior to cancellation, non-renewal or material change to the required insurance coverage.

Where the policy allows, coverage shall apply on a primary and non-contributory basis.

A. Commercial General Liability: CONSULTANT shall maintain Commercial General

Liability at a limit of liability of $5,000,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by

County’s Risk Management Department. CONSULTANT shall provide this coverage on a primary basis.

B. Business Automobile Liability CONSULTANT shall maintain Business Automobile

Liability at a limit of liability of $5,000,000 Each Accident for all owned, non-owned and hired automobiles. In the event CONSULTANT doesn’t own any automobiles, the Business Auto

Liability requirement shall be amended allowing CONSULTANT to agree to maintain only

Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form.

CONSULTANT shall provide this coverage on a primary basis.

C. Additional Insured Endorsement: The Commercial General Liability policy shall be endorsed to include, “Palm Beach County Board of County Commissioners, a Political

Subdivision of the State of Florida, its Officers, Employees, and Agents” as an Additional

Insured. A copy of the endorsement shall be provided to COUNTY upon request.

CONSULTANT shall provide the Additional Insured endorsements coverage on a primary basis.

D. Workers’ Compensation Insurance & Employer’s Liability: CONSULTANT shall maintain Workers’ Compensation & Employer’s Liability in accordance with chapter 440, Florida Statutes, as may be amended.

E. Professional Liability: CONSULTANT shall maintain Professional Liability, or equivalent

Errors & Omissions Liability, at a limit of liability not less than $5,000,000 each occurrence, and $10,000,000 per aggregate. When a self-insured retention (SIR) or deductible exceeds

$10,000, COUNTY reserves the right, but not the obligation, to review and request a copy of

CONSULTANT’S most recent annual report or audited financial statement. For policies written on a “claims-made” basis, CONSULTANT warrants the Retroactive Date equals or precedes the effective date of this Contract. In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplement Extended Reporting Period (SERP) during the term of this

Contract, CONSULTANT shall purchase a SERP with a minimum reporting period not less than three (3) years after the expiration of the Contract term. The requirement to purchase a

SERP shall not relieve the CONSULTANT of the obligation to provide replacement coverage. The Certificate of Insurance providing evidence of the purchase of this coverage shall clearly indicate whether coverage is provided on an “occurrence” or “claims-made” form. If coverage is provided on a “claims-made” form the Certificate of Insurance must also clearly indicate the “retroactive date” of coverage. CONSULTANT shall provide this coverage on a primary basis.

F. Waiver of Subrogation: Except where prohibited by law, CONSULTANT hereby waives any and all rights of Subrogation against the COUNTY, its officers, employees and agents for each required policy except Professional Liability. When required by the insurer or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONSULTANT shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against

Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy that includes a condition to the policy specifically prohibiting such an endorsement or voids coverage should CONSULTANT enter into such an agreement on a pre-loss basis.

G. Certificates of Insurance: On execution of this Contract, renewal, within forty-eight (48) hours of a request by COUNTY, and upon expiration of any of the required coverage throughout the term of this Contract, the CONSULTANT shall deliver to the COUNTY or

COUNTY’S designated representative a signed Certificate(s) of Insurance evidencing that all types and minimum limits of insurance coverage required by this Contract have been obtained and are in force and effect. Certificates shall be issued to:

Palm Beach County Board of County Commissioners c/o Palm Beach County Department of Airports

846 Palm Beach International Airport

West Palm Beach, Florida 33406-1470

H. Umbrella or Excess Liability If necessary, CONSULTANT may satisfy the minimum limits required above for Commercial General Liability, Business Auto Liability, and Employer’s

Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest “Each Occurrence” limit for either

Commercial General Liability, Business Auto Liability, or Employer’s Liability. The

COUNTY shall be specifically endorsed as an “Additional Insured” on the Umbrella or

Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a “Follow-Form” basis.

I. Right to Revise or Reject: COUNTY, by and through its Risk Management Department in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements.

ARTICLE 12 - INDEMNIFICATION

CONSULTANT shall protect, defend, reimburse, indemnify and hold COUNTY, its agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney’s fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of the CONSULTANT’S performance of the terms of this Contract or due to the acts or omissions of CONSULTANT.

This article shall survive termination or expiration of this Contract.

ARTICLE l3 - SUCCESSORS AND ASSIGNS; ASSIGNMENT

The COUNTY and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the COUNTY nor the CONSULTANT shall assign, sublet, convey or transfer its interest in this

Contract without the prior written consent of the other.

ARTICLE 14 – LAW AND VENUE; REMEDIES; NO THIRD PARTY BENEFICIARIES

This Contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Contract will be held in a court of competent jurisdiction located in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.

No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any citizen or employees of the COUNTY and/or CONSULTANT.

ARTICLE l5 - CONFLICT OF INTEREST

The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in chapter 112, part III, Florida Statutes, and the Palm Beach County Code of Ethics, as may be amended. The CONSULTANT further represents that no person having any such conflict of interest shall be employed for said performance of services.

The CONSULTANT shall promptly notify the COUNTY’S representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the CONSULTANT’S judgement or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the CONSULTANT.

The COUNTY agrees to notify the CONSULTANT of its opinion by certified mail within thirty (30) days of receipt of notification by the CONSULTANT. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULTANT, the COUNTY shall so state in the notification and the CONSULTANT shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the CONSULTANT under the terms of this Contract.

ARTICLE 16 - EXCUSABLE DELAYS

The CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the CONSULTANT or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather conditions.

Upon the CONSULTANT'S request, the COUNTY shall consider the facts and extent of any failure to perform the work and, if the CONSULTANT’S failure to perform was without it or its subcontractors’ fault or negligence, the Contract schedule and/or any other affected provision of this

Contract shall be revised accordingly, subject to the COUNTY’S rights to change, terminate, or stop any or all of the work at any time.

ARTICLE 17 - ARREARS

The CONSULTANT shall not pledge the COUNTY’S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The

CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract.

ARTICLE 18 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS

The CONSULTANT shall deliver to the COUNTY’S representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the COUNTY under this Contract.

To the extent allowed by chapter 119, Florida Statutes, as may be amended, all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the COUNTY or at its expense will be kept confidential by the

CONSULTANT and will not be disclosed to any other party, directly or indirectly, without the

COUNTY’S prior written consent unless required by a lawful court order. All drawings, maps, sketches, programs, data base, reports and other data developed or purchased under this Contract for or at the COUNTY’S expense shall be and remain the COUNTY’S property and may be reproduced and reused at the discretion of the COUNTY.

All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby.

Notwithstanding any other provision in this Contract, all documents, records, reports and any other materials produced hereunder shall be subject to disclosure, inspection and audit, pursuant to the Palm

Beach County Office of the Inspector General, Palm Beach County Code, sections 2-421 - 2-440, as may be amended.

ARTICLE 19 - INDEPENDENT CONTRACTOR RELATIONSHIP

The CONSULTANT is, and shall be, in the performance of all work services and activities under this

Contract, an independent contractor, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONSULTANT’S sole direction, supervision, and control. The

CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT’S relationship and the relationship of its employees to the COUNTY shall be that of an independent contractor and not as employees or agents of the COUNTY.

The CONSULTANT does not have the power or authority to bind the COUNTY in any promise, agreement or representation.

ARTICLE 20 - CONTINGENT FEES

The CONSULTANT warrants that it…