DOA 21-12 RFP Engineering Continuing Non-Federal.pdf

PALM BEACH INTERNATIONAL AIRPORT

PALM BEACH COUNTY, FLORIDA

Board of County Commissioners County Administrator Maria G. Marino District 1 Verdenia C. Baker Gregg K. Weiss District 2 Dave Kerner District 3 Palm Beach County Robert S. Weinroth District 4 Department of Airports Maria Sachs District 5 Laura Beebe, Director of Airports Melissa McKinlay District 6 Gary M. Sypek, Deputy Director of Airports Mack Bernard District 7

DOA 21-12

REQUEST FOR LETTERS OF INTEREST/STATEMENTS OF QUALIFICATIONS

FOR

Airport General Engineering Consultant Services (Local EBO

Program)

AT

PALM BEACH INTERNATIONAL AIRPORT, NORTH PALM BEACH COUNTY GENERAL

AVIATION AIRPORT, PALM BEACH COUNTY PARK AIRPORT & PALM BEACH

COUNTY GLADES AIRPORT

PALM BEACH COUNTY

WEST PALM BEACH, FLORIDA

"An Equal Opportunity - Affirmative Action Employer"

Palm Beach County Department of Airports 846 Palm Beach International Airport West Palm Beach, Florida 33406-1470

(561) 471-7400 Fax: (561) 471-7427

September 2021

Form Rev 11/21/19 Design Professional RFP – Non-Federal – Continuing DOA 21-12 Airport GEC Services (Local OEBO Program)

REQUEST FOR PROPOSAL

DOA 21-12 RFP AIRPORT GENERAL ENGINEERING CONSULTANT SERVICES (Local

EBO Program)

I. GENERAL

Palm Beach County Department of Airports is seeking proposals from qualified firms to provide design, permitting, construction administration and inspection services for various capital improvement/renovation projects on a task assignment basis.

Task assignments will be subject to scope definition and determination of level of effort on a task-by-task basis. Generally, task assignments could include professional architectural services, geotechnical and survey services, customary civil, structural, mechanical, plumbing, and electrical engineering services, landscape architectural services, permitting, and construction administration and inspection services.

Work may include modification, expansion, or addition of existing facilities or design of new facilities within the Palm Beach County Airport System at each of the County’s four (4) owned and operated airports – Palm Beach International (PBI), Palm Beach County Park (LNA), North Palm Beach County General Aviation (F45) and Palm Beach County Glades (PHK). Generally, project construction costs will not exceed $4,000,000 and will require an engineering firm as the lead consultant.

It is anticipated that one (1) firm will be selected for two (2) years with an option of two (2) one (1) year renewals at the County’s discretion.

Non-Mandatory Pre-Proposal Conference. Proposers are invited to attend a non-mandatory virtual pre-proposal conference to be held on October 7, 2021, at 10:00A.M. Attendance at this pre-proposal conference is recommended and encouraged. For information on the virtual meeting please contact:

Javier Gämboa-Villamil Airport Planner

Department of Airports jgamboa@pbia.org

(561)656-5989

1. SBE Subcontracting

The SBE goal for this contract is a mandatory minimum of 20% participation

2. M/WBE Evaluation Preference:

15-points shall be awarded based on the level of M/WBE dollar participation that has been committed to on the prime respondent’s team.

II. SCOPE OF WORK

mailto:jgamboa@pbia.org

Form Rev 11/21/19 Design Professional RFP – Non-Federal – Continuing DOA 21-12 Airport GEC Services (Local OEBO Program)

The consultant shall provide to County design professional services for each project assigned under the continuing contract. The anticipated work may include, but is not limited to:

• Horizontal infrastructure design, such as general civil and airfield electrical design of runways, taxiways and aircraft parking aprons, as well as site development and roadway facility planning and design

• Vertical facility design, such as architectural, mechanical, electrical, structural and landscaping design of airport-related and ancillary facilities

• Facilities Inspection

• Stormwater and environmental planning, design, permitting and agency coordination

• Environmental Permit Compliance with the Environmental Protection Agency National

Pollutant Discharge Elimination System (NPDES);

• Construction management, administration and coordination, as well as construction engineering and inspection (CEI) services

• Quality assessment and quality assurance reviews

• Pavement management system development and support

• Aviation/airport information technology (IT) and Geographic Information System (GIS) services

Specific tasks contemplated by the Department of Airports during the period of this agreement, may include, but are not limited to the following:

• Annual Facilities Inspection Report

• Campus Wide Signage & Wayfinding Improvements

• Terminal Elevator Replacement

• Parking Toll Plaza Canopy Replacement

• Security Camera Improvements

• Annual Airfield Pavement Repairs

• Environmental Compliance – Stormwater Pollution Prevention Plan (SWPPP)

• Landside Pavement Management System Development & Rehabilitation

• PBI Air Handler Replacement Phase 2

• Airfield Drainage Infrastructure Assessment

• Construction Administration/Construction Management/Construction Engineering

Inspection Services

Palm Beach County may adjust the scope and activities of the project to accommodate budgetary and other constraints. The services shall be non-exclusive, allowing Palm Beach County to use other consultants at its sole discretion. No minimum amount of professional services or compensation is guaranteed to the selected consultant. The selected consultant may act as engineer for design and construction at Palm Beach County’s discretion.

III. CRITERIA FOR SHORTLISTING AND FINAL SELECTION OF FIRMS

The County will make final selection from the list of qualified applications pursuant to current County Policy & Procedure Manual, CW-O-048, for the selection process. Refer to Attachment No. I.

A. Short List Committee. A Short List Committee will review and evaluate a firm’s proposal based upon the criteria set out below. At least three firms will be short listed based on their qualifications.

B. Final Selection Committee. The short listed firms will make presentations to and be interviewed by a Final Selection Committee. The final selection committee will evaluate a firm’s proposal and presentation based on the criteria set forth below.

C. Scoring. Each criteria will be scored and when the scores awarded for all criteria are totaled, the scores will be tabulated and added to achieve the total points awarded to each firm. Using the total points awarded to each firm, each firm will be ranked with the highest point total ranked 1, the next highest point total ranked 2, etc. The ranking of each firm will be tabulated from each committee member and combined with other committee members to determine the total score for the firm.

D. Evaluation Criteria. Proposals that are determined to be responsive to this RFP, will be evaluated by the County’s selection committees based on the following criteria:

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 by the County over the past 4 years (The firm with the most work receives the lowest score)

10 10

4. State Certified MBE (2 points for state certified MBE primes and/or subconsultants)

2 2

5. Location of the firm’s offices where work will be accomplished.

3 3

6. EBO PROGRAM – Evaluation Preference as applied by the GSC Up to 15 points for M/WBE participation for prime and subs.

15 15

NOTE to Proposers: No points will be awarded on items # 5 and 6 for team members providing only Unrequested Services.

E. Team Member Changes. Proposers shall not add or delete team members or adjust team participation after the proposal due date. If an S/M/WBE team member withdraws after the proposal due date and before final selection through no fault of the Proposer, the Proposer must request approval for a substitution from the County’s Office of Equal Business Opportunity and submit a new Subconsultant’s Questionnaire Form or new EBO Schedules 1 and 2.

IV. EQUAL BUSINESS OPPORTUNITY (EBO) PROGRAM

A. Policy. It is the policy of the Board of County Commissioners of Palm Beach County, Florida, (the Board) that all segments of its business population, including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the County’s procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code, (EBO Ordinance) which sets forth the County’s requirements for the EBO program, and which is incorporated in this solicitation. A Proposer must comply with the requirements contained in this section for a Proposer to be deemed responsive to the solicitation requirements. The provisions of the EBO Ordinance are applicable to this solicitation, and shall have precedence over other provisions of this solicitation in the event of a conflict.

B. Affirmative Procurement Initiatives (APIs). The APIs approved for this solicitation, including any applicable SBE or M/WBE goals, are set out on Attachment A to this RFP which attachment is incorporated herein by reference. Any proposal that fails to comply with the API requirements stated in this solicitation after the period allowed for waiver requests has lapsed shall be deemed non-responsive.

C. API Waiver Requests/Good Faith Efforts. If Proposer is unable to comply with the API requirements as set forth in this solicitation, such Proposer shall submit a request for a waiver or partial waiver at least (7) days prior to the proposal due date as stated in the solicitation. If a Proposer requests a waiver from an API from the Office of EBO at least 7 days prior to the proposal due date, then the proposal due date will be extended pending the outcome of a waiver request.

Additionally, if the waiver is granted, the solicitation will be amended accordingly and the due date extended again. See Attachments B and C for Waiver Request Form and Good Faith Efforts form.

Fillable pdfs of all EBO forms can be found on the OEBO website at http://discover.pbcgov.org/oebo/Pages/Compliance-Programs.aspx.

Such waiver request shall include specified documentation that demonstrates satisfactory Good Faith Efforts (as defined below) were undertaken by Proposer to comply with the requirements as described under the selected API. The Good Faith Effort waiver request shall be reviewed by the Office of EBO within seven (7) days of receipt. The proposal due date will be extended during this review period. If the Office of EBO determines that adequate Good Faith Efforts have been demonstrated by the Proposer to warrant a partial or total waiver of the API, then the solicitation shall be amended accordingly to reflect the partial or total waiver, and any proposals received by the County in the http://discover.pbcgov.org/oebo/Pages/Compliance-Programs.aspx

Form Rev 11/21/19 Design Professional RFP – Non-Federal – Continuing DOA 21-12 Airport GEC Services (Local OEBO Program) interim shall be returned unopened. The amended solicitation shall then be advertised to all prospective Proposers and the proposal due date extended. However, if the Office of EBO determines that the Proposer failed to submit documentation sufficient to demonstrate that Good Faith Efforts were undertaken by the Proposer to support its waiver or partial waiver request, the request for waiver or partial waiver shall be denied, and the solicitation shall remain unchanged. In the event of an adverse waiver or partial waiver request decision, the Proposer shall have the right to request reconsideration of the adverse decision by the Director of the Office of EBO, and if still aggrieved, shall be subsequently entitled to the process for an appeal to a Special Master as referenced in Section 2.-80.28 (b) of the EBO Ordinance. The solicitation due date shall be extended pending the EBO Director reconsideration and Special Master appeal process if requested.

Good Faith Efforts means documentation of the Proposer’s intent to comply with the applicable APIs, including, but not limited to, the following: (1) documentation as stated in the solicitation reflecting the Proposer’s commitment to comply with SBE or M/WBE goals as established by the Office of EBO for a particular contract; or (2) documentation of efforts made toward achieving EBO program goals (e.g., solicitations of proposals/qualification statements from all qualified SBE firms or M/WBE firms listed in the Office of EBO’s directory of certified SBE or M/WBE firms; correspondence from qualified SBE or M/WBE firms documenting their unavailability to perform SBE or M/WBE contracts; documentation of efforts to subdivide work into smaller quantities for subcontracting purposes to enhance opportunities for SBE or M/WBE firms; documentation of efforts to assist SBE or M/WBE firms with obtaining financing or insurance required; and documentation of consultations with professional associations and consultants that represent the interests of SBE and/or M/WBEs in order to identify qualified and available SBE or M/WBE subconsultants. Scoring of Good Faith Efforts documentation and administrative determinations regarding the adequacy of such Good Faith Efforts is the responsibility of the Office of EBO.

D. Proposal Submission Documentation. In order to be deemed responsive to this solicitation, all Proposers are required to submit with their proposal the Consultant Questionnaire and the Subconsultant Questionnaires on all subconsultants intended to be used for performance of the contract, if awarded.

E. S/M/WBE Certification. Only those firms certified by Palm Beach County at the time of proposal opening shall be counted toward an S/M/WBE goal. Upon receipt of a complete application, IT

TAKES UP TO NINETY (90) DAYS TO BECOME CERTIFIED AS AN S/M/WBE WITH

PALM BEACH COUNTY. It is the responsibility of the Proposer to confirm the certification of any proposed S/M/WBE; therefore, it is recommended that Proposers visit the Office of EBO on-line Vendor Directory at http://discover.pbcgov.org/oebo/Pages/default.aspx to verify S/M/WBE certification.

G. Post Proposal Waiver Request. After submission of a proposal, if Proposer, through no fault of its own, is unable to meet the S/M/WBE participation specified in its proposal, then Proposer must immediately seek substitute S/M/WBEs to fulfill the requirements and obtain the approval of the EBO Director. If, after reasonable Good Faith Efforts, the Proposer is unable to find an acceptable substitute S/M/WBE, a post-proposal submission waiver may be requested. The request shall document the reasons for the Proposer’s inability to meet the goal requirement.

http://discover.pbcgov.org/oebo/Pages/default.aspx

Form Rev 11/21/19 Design Professional RFP – Non-Federal – Continuing DOA 21-12 Airport GEC Services (Local OEBO Program)

V. TERMS AND CONDITIONS

A. Costs of Preparation; Ownership of Documents. Costs of preparation of a response to this RFP are solely those of the Respondent and the County assumes no responsibility for any such costs incurred by the Respondent. All responses shall become the property of Palm Beach County.

B. Due Diligence of Proposer; Non-responsive Proposals. Due care and diligence has been exercised in the preparation of this RFP, and all information contained herein is believed to be substantially correct. However, the responsibility for determining the full extent of the services rests solely with those making responses. Failure of any Respondent to comply with this RFP may render the proposal non-responsive and ineligible from further consideration.

C. Rejection of Responses/Waiver of Irregularities. Palm Beach County reserves the right to reject any or all responses to the Request for Proposal; to waive any or all informalities and/or irregularities;

to re-advertise with either an identical or revised scope, or to cancel the solicitation in its entirety.

D. Clarification of Responses. A response to this RFP does not constitute a bid, therefore Palm Beach County retains the right to contact any/all proposers after submittal in order to obtain supplemental information and/or clarification in either oral or written form.

E. Design Consultant Certification. Any firm or individual desiring to provide design professional services to Palm Beach County (including subconsultants) must first be certified by or applied to the County as qualified pursuant to law and the most recent administrative procedures for awarding of design consulting contracts adopted by Palm Beach County prior to the date of the submittal.

Information regarding the design consultant certification process may be obtained from Holly Knight, at (561) 684-4150, hknight@pbcgov.org or at:

http://discover.pbcgov.org/engineering/roadwayproduction/Pages/CCNA.aspx

F. County Standard Contract Required. The selected consultant will be expected to execute the County’s standard consulting contract for Design Professional Services. This document may be examined at the Department of Airports offices.

G. Insurance Required. (Applies to Prime and subconsultants)

• Commercial General Liability. The selected consultant shall maintain Commercial General Liability at a limit of liability not less than $5,000,000 Each Occurrence / aggregate.

• Business Automobile Liability The selected consultant shall maintain Business Automobile Liability at a limit of liability not less than $5,000,000 Each Accident for all owned, non-owned and hired automobiles.

• Worker’s Compensation Insurance & Employers Liability. The selected consultant(s) shall maintain Worker’s Compensation & Employers Liability in accordance with Florida Statute Chapter 440 consultant shall provide this coverage on a primary basis.

• Professional Liability. The selected consultant shall maintain Professional Liability or equivalent Errors & Omissions Liability at a limit of liability not less than $5,000,000 Each Claim /aggregate.

H. Inspector General. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 – 2-440, as may be amended. The Inspector General’s authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and audit, investigate, monitor, and inspect the activities of the contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud.

All consultants and parties doing business with the County and receiving County funds shall fully cooperate with the Inspector General including receiving access to records relating to this RFP or any resulting contract.

I. Public Entities Crimes/Convicted Bidder List. As provided in Florida Statute 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By submitting a proposal or entering into any resulting contract or performing any work in furtherance thereof, the consultant certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform under any resulting contract have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a).

J. Non-Discrimination. The County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2017-1770, as may be amended, the Proposer warrants and represents that throughout the term of any resulting Contract, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of the Contract.

K. VSS Registration Required. Proposer must register in the County’s Vendor Self Service (“VSS”) at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. If Proposer intends to use subconsultants, Proposer must also ensure that all subconsultants are registered as vendors in VSS. All subconsultant agreements must include a contractual provision requiring that the subconsultant register in VSS. County will not finalize a contract award until a consultant has certified that the consultant and all of its subconsultants are registered in VSS.

VI. PROPOSAL SUBMISSION REQUIREMENTS

A. Questions. Questions concerning this RFP are to be directed to Mr. Javier Gämboa-Villamil at jgamboa@pbia.org. Include the words “DOA 21-12 RFP Airport General Engineering https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Form Rev 11/21/19 Design Professional RFP – Non-Federal – Continuing DOA 21-12 Airport GEC Services (Local OEBO Program)

Consultant Services (Local EBO Program) ” in the subject line of any e-mail regarding this project.

Questions are to be submitted no later than October 21, 2021 at 3:00PM

B. Supplements to RFP. No oral interpretation of this RFP shall be considered binding. The County will be bound by information and statements only when such statements are written and executed under the authority of the Department of Airports. Any interpretation, clarification, correction, or change to this RFP will be made only by Supplement. As they are issued, all Supplements to this RFP 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. Interpretations, corrections or changes made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections or changes. It is the sole responsibility of the proposer to routinely check VSS for any Supplements that may have been issued prior to the deadline for receipt of proposals. The County shall not be responsible for the completeness of any RFP package not downloaded from VSS.

C. Proposal Submission. Consultants interested in this project are required to furnish one (1) original and six (6) copies for a total of seven (7) of their proposal and electronic copy in Portable Document Format (PDF) on a flash drive to the following by 3:00 P.M. on October 28, 2021:

Javier Gämboa-Villamil Airport Planner

Department of Airports 846 Palm Beach International Airport

West Palm Beach, FL 33406-1470

D. Required Proposal Contents. The following shall be included with the proposal:

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

2. Proposal Certification Form (per Attachment D).

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. Conflict of Interest Disclosure Form for each member of the team (Attachment E)

7. Completed Prime Consultant Questionnaire (Attachment F)

8. Completed Subconsultant Questionnaire for each subconsultant (Attachment G).

9. Completed Summary of Questionnaires (Attachment H)

10. OEBO

a. Copies of S/M/WBE certificates for firms that are certified as S/M/WBEs

b. OEBO Schedule 1 and Schedule 2’s

11. Other information that may be appropriate https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Proposer can request fillable pdfs or Word versions of many of these required forms by emailing Javier Gamboa at: jgamboa@pbia.org or by phone (561) 656-5989. Include the words “DOA 21-12 RFP Airport General Consultant Services (Local EBO Program)” in the subject line of the e-mail.

Note: For purposes of estimating workload percentages when completing the Consultant Questionnaire, the following shall be used:

Description Maximum Workload Percentage

Civil Engineering (Prime) 43.01% Drainage Engineering 3.23% Environmental 10.75% Structural 6.45% Geotechnical Engineering 2.15% Surveyor Services, Land 2.15% Architectural Consulting 10.75% Electrical Engineering 8.60% Mechanical Engineering 6.45% Highways; Streets, Airport Pay- Parking Lots - Engineering

4.30%

Security and Access Systems (Airport, Library, Hospitals, et

2.15%

100%

VII. AWARD OF CONTRACT.

A. Notification of Recommended Award. Proposers will be notified of the recommended award and the Notification will be posted for 5 business days at the location where proposals are received.

B. Right of Appeal/Protest. Any Respondent/Proposer may appeal/protest a Notification of Recommended Award by submitting a written protest to the Deputy Director of Planning and Development, Department of Airports, within five (5) business days after the posting of the Notification of Recommended Award by the Department. Protests must be submitted in writing, must identify the protestor and the solicitation, must describe the grounds for the protest, and must be addressed to the Deputy Director, Department of Airports , via hand delivery or mail to 846 Palm Beach International Airport, West Palm Beach, FL 33406 or via email to gsypek@pbia.org. A protest is considered filed when it is received by the Deputy Director, Department of Airports. Failure to file a protest within five (5) days of the posting of the Notification of Recommended Award shall constitute a waiver of the proposer’s right to protest.

C. Debriefings. After the Notification of Recommended Award has been posted, any unsuccessful Proposer may request a debriefing from the Deputy Director of Planning, Department of Airports by calling the Department of Airports at 561-471-7474. The debriefing may include discussion of mailto:jgamboa@pbia.org

Form Rev 11/21/19 Design Professional RFP – Non-Federal – Continuing DOA 21-12 Airport GEC Services (Local OEBO Program) scoring and identification of areas where the Proposer’s response or presentation was not competitive, responsive or lacked clarity; so that the Proposer may improve its responses to future solicitations.

The audio recordings from the Final Selection Committee meeting are public records and can be made available upon request.

D. Negotiations. The Owner will conduct negotiations with the highest ranked Respondent.

However, if an agreement is not reached with the top ranked Respondent, negotiations will be terminated and the Owner will move to the second ranked Respondent to attempt to reach agreement.

If an agreement cannot be reached with the second ranked Respondent, the Owner will move to the third ranked Respondent.

E. Cancelation of Recommended Award. The County reserves the right to cancel the recommended award of any Contract at any time before the execution of said Contract by all parties without any liability against the County. The Proposer, by submitting its Proposal, expressly waives any claim to damages, of any kind whatsoever, in the event the County exercises its rights provided for in this subsection.

VIII. LOBBYING

Proposers are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a proposer or anyone representing the proposer from communicating with any Commissioner or Commissioner’s staff regarding its proposal, i.e. a “Cone of Silence”.

The “Cone of Silence” is in effect from the date/time of the deadline for submission of the proposal, and terminates at the time that the Board of County Commissioners (“Board”), or a County Department authorized to act on behalf of the Board, awards or approves a contract, rejects all proposals, or otherwise takes action which ends the solicitation process.

The exceptions to the “Cone of Silence” specifically include contract negotiations during any public meeting; contract negotiations between any County Employee and the intended awardee; public presentations made to the Board; or any written correspondence at any time with any Employee, County Commissioners, or Advisory Board Member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process.

Violations of this section of the Ordinance are punishable by a fine of $250.00 per violation.

IX. MISCELLANEOUS

Attachment A/Page 1 of 3

ATTACHMENT A

AFFIRMATIVE PROCUREMENT INITIATIVES (“API”s)

FOR CCNA PROFESSIONAL SERVICES CONTRACTS

The API(s) approved for this solicitation are selected below by ☒. Any proposal that fails to comply with the API requirements after the period allowed for waiver requests has lapsed shall be deemed non-responsive. Capitalized terms are defined as set forth in the EBO Ordinance. Fillable pdfs of all EBO forms can be found on the OEBO website at http://discover.pbcgov.org/oebo/Pages/Compliance-Programs.aspx. Also, see the EBO Ordinance and Countywide PPM CW-O-043 for further information on APIs.

☐ Waiver

The Office of EBO has granted a waiver of the EBO Program API(s) for this contract.

☐ Evaluation Preference for New SBE Prime Respondents for RFPs

_________ points (Up to 15 percent of total evaluation points) have been allocated for NEW SBE Prime respondents for this Contract.

Up to 15 percent (15%) of the total number of evaluation points allocated for selection of a Professional Services firm by the County shall be reserved for SBE prime respondents that have only received their first contract award with the County within the past year, or have not yet received a cumulative total of $1,000,000 or more in payments from the County for Professional Services rendered (whichever period of time is longer).

☐ SBE Evaluation Preference for SBE Prime Respondents (Contracts less than $500,000)

__________ Points (up to 15% of the total evaluation points) are available to SBE prime respondents

An SBE Evaluation Preference of up to 15 percent (15%) of the total number of available evaluation points for scoring of proposals shall be reserved for SBE prime bidders on County Professional Services Contracts valued at less than $500,000.

☐ SBE Evaluation Preference for SBE Participation (Contracts $500,000 or greater)

__________ (0 to 15%) total evaluation points shall be awarded based on the level of SBE dollar participation committed to on the prime respondent/bidder’s team.

Evaluation Preference points shall be awarded on a sliding scale from zero up to 15 percent (15%) of the total available evaluation points for scoring of proposals to those firms responding to Professional Services Solicitations valued at $500,000 or greater. The sliding scale shall be based upon the relative level of SBE dollar participation that has been committed to on the prime respondent/bidder’s team (e.g., zero SBE participation on a prime respondent/bidder’s team shall yield zero evaluation points, whereas the maximum SBE participation among all prime bidders, at the prime Contract and subcontract levels combined, shall yield award of fifteen Evaluation Preference points out of 100; and a prime respondent/bidder’s team that achieves only half as many dollars in SBE participation as the firm with the greatest SBE dollar participation at the prime Contract and subcontract levels combined shall be awarded 7.5 evaluation points out of 100.

Attachment A/Page 2 of 3

☒ SBE Subcontracting Goals for Professional Services

A 20% SBE subcontracting participation goal is established for this Contract.

A minimum mandatory goal of 20% of the total estimated dollar value of the Contract shall be subcontracted to SBEs, however the Office of EBO shall reduce or waive this goal when there is inadequate availability of SBE prime and / or subcontractor firms.

Explanation of GSC’s reasons for applying this API:

Goal Setting Committee received analysis that there were 18.21% availability of SBEs for this solicitation.

☒ M/WBE Evaluation Preferences for M/WBE Participation

___________ (0 to 15%) evaluation total points shall be awarded based on the level of M/WBE dollar participation that has been committed to on the prime respondent/bidder’s team.

Evaluation Preference points shall be awarded on a sliding scale from zero up to 15 percent (15%) of the total available evaluation points for scoring of proposals based upon the relative level of M/WBE dollar participation that has been committed to on the prime respondent/bidder’s team (e.g., zero M/WBE participation on a prime respondent/bidder’s team shall yield zero evaluation points, whereas the proposal from the prime respondent/bidder that proposes achieving the maximum M/WBE participation among all prime respondent/bidders, at the prime Contract and subcontract levels combined, shall yield award of fifteen Evaluation Preference points out of 100 to that bidder; and a prime respondent/bidder’s team that achieves only half as many dollars in M/WBE participation as the firm with the greatest M/WBE dollar participation at the prime Contract and subcontract levels combined shall be awarded 7.5 evaluation points out of 100).

Goal Setting Committee received analysis that there were 13.63% availability of M/WBEs for this solicitation.

☐ M/WBE Subcontracting Goals for Professional Services

__________ (Up to 40%) of this Contract shall be subcontracted to certified M/WBEs owned by African American, Hispanic American, Asian American, Native American, and non-minority women persons.

Up to 40% of this Contract as noted above, shall be subcontracted to eligible M/WBEs (i.e., certified M/WBE firms owned by African American, Hispanic American, Asian American, Native American, and non-minority women persons). However the Office of EBO shall reduce or waive this goal when there is inadequate availability of M/WBE prime and / or subcontractor firms.

☐ M/WBE Segmented Subcontracting Goals for Professional Services

___% of the M/WBE subcontracting goal shall be achieved through the utilization of ☐ African American, ☐ Hispanic American, ☐ Asian American, ☐ Native American, ☐ Non-minority women persons (Check applicable).*

M/WBE Segmented Subcontracting Goals are established where an overall combined M/WBE goal is accompanied by subsets of one or more smaller goals that specifically

Attachment A/Page 3 of 3 target the participation of a particular segment of Minority Group Member segments or the WBE segment based upon that segment’s relative availability. Such segmented goals shall specifically target the participation of a particular segment of business enterprises owned and controlled by women or certain Minority Group Members (e.g., African- Americans) based upon relative availability, as well as the existence of consistently and significantly greater patterns of underutilization and disparity within an industry as compared to other gender and Minority Group Member categories of M/WBEs. (For example, if an overall M/WBE subcontracting goal is set at 46% on a given Contract, the segmented subcontracting goal may require that at least 10% of that 46% shall be satisfied through the utilization of African American subcontractors.) The Office of EBO shall reduce or waive this goal when there is inadequate availability of M/WBE prime and / or subcontractor firms.

Explanation of GSC’s reasons for applying this API:

Attachment B/Page 1 of 3

ATTACHMENT B

Palm Beach County

Office of Equal Business Opportunity Subcontracting Goal – Waiver Request Form

PROJECT NAME:

COMPANY NAME: CONTACT NO.:

CONTACT PERSON CONTACT

EMAIL:

In the sections below, points will ONLY be awarded if the firm has fully satisfied the criteria. More information regarding Subcontracting Goal-Waiver Request Evaluation Criteria. Contractors/Consultants must obtain a total of 80 or more points to receive a waiver approval. Vendor Directory is accessible through the Office of Equal Business Opportunity website (http://discover.pbcgov.org/osba/Pages/Vendor-Directory.aspx)

PART I: Sufficient Commercially Useful Work Identified to Meet Points: ____ Subcontracting Goal Please provide documentation and supporting evidence to show how the criteria was fulfilled. 15 points possible:

o List the specific scope of work identified for each of the S/M/WBEs contacted o Ensure the scope of work identified for S/M/WBEs is greater than or equal to the subcontracting goal(s) o Additional comments, if any

PART II: Initial Communications to Potential S/M/WBE Subcontractors Points: ____

Using EBO Portal / Website Posting of Subcontractor Solicitations/Outreach Efforts Please provide documentation and supporting evidence to show how the criteria was fulfilled. 40 points possible:

o Contact at least three (3) S/M/WBEs in the EBO Vendor Directory for each scope of work identified to be subcontracted in Part I (emails/call logs/fax), one (1) week prior to pre-bid meeting date.

o Include current documentation of searches from the EBO Vendor Directory.

o Notify S/M/WBEs within at least 2 (two) weeks prior to the bid opening date, using at least three (3) digital media outlets (e.g.

website, newspaper, trade association, publication, minority focus media)

DATE:

http://discover.pbcgov.org/osba/Pages/Vendor-Directory.aspx

Attachment B/Page 2 of 3

PART III: Follow-up Communications & Bid Negotiations with Points: ____ Potential Subcontractors Please provide documentation and supporting evidence to show how the criteria was fulfilled. 30 points possible:

o Promptly follow-up with S/M/WBEs after the initial solicitation at least 2 (two) weeks prior to the bid opening date, during normal business hours by telephone, email, or fax.

o Include a written statement with contact information on all subcontractors contacted to include the following:

o Name of the subcontractor/firm and the contact person(s) o Telephone and Email address o Scope of work the subcontractor indicated they would perform o Notes regarding the outcome of the contact o Dates of contact and Dates of Negotiations o The negotiated price o Bids received from subcontractors that could provide a commercially useful function

PART IV: Attendance at Pre-Bid Meeting Points: ____ County staff maintains documentation regarding attendance at the pre-bid meeting. 5 points possible:

o Below list the individuals from your staff/firm that attended the pre-bid meeting

PART V: Offer Assistance in Securing Financing, Insurance, Points: ____ or Competitive Supplier Pricing Please provide documentation and supporting evidence to show how the criteria was fulfilled. 10 points possible:

o Provide easy access to plans and specifications for

S/M/WBEs o Provide competitive pricing o Make efforts to assist interested business in obtaining financing, bonds, and insurance required for the County project/bid

Attachment B/Page 3 of 3 o Provide written documentation of the type of assistance offered o Company name, contact person and telephone number o Name of person who provided the assistance o Provide the name, contact person, contact information the competitive pricing offered by the Supplier.

o Other efforts (if any, list below)

CONTRACTORS/CONSULTANTS MUST OBTAIN A TOTAL OF 80 OR MORE POINTS TO RECEIVE A WAIVER

APPROVAL.

CONTRACTORS/CONSULTANTS WILL BE CONSIDERED NON-RESPONSIVE TO THE ENTIRE SOLICITATION

UPON DENIAL OF THE SUBCONTRACTING WAIVER REQUEST. FOR MORE INFORMATION OF THE

SUBCONTRACTING WAIVER CRITERIA OR FOR ASSISTANCE ON COMPLETING THE SUBCONTRACTING WAIVER REQUEST FORM, PLEASE CONTACT THE OFFICE OF EQUAL BUSINESS OPPORTUNITY AT (561) 616-6840.

THE UNDERSIGNED AFFIRMS/CERTIFIES THAT ALL INFORMATION CONTAINED IN THIS FORM IS

ACCURATE AND COMPLETE; I

UNDERSTAND THAT IF THIS REQUEST FOR WAIVER IS DENIED AND I FAIL TO MEET THE REQUIREMENTS OF THIS SOLICITATION, MY RESPONSE TO THIS SOLICITATION WILL BE DEEMED NON-RESPONSIVE TO

THE ENTIRE SOLICITATION.

TOTAL SCORE: _________/100

___ Approved

___ Denied

Director, Office of Equal Business Opportunity

Signature Print Name/Title

Attachment C/Page 1 of 1

ATTACHMENT C

Office of Equal Business Opportunity Good Faith Efforts Form

PRIME CONTRACTOR GOOD FAITH EFFORTS

Prime Contractor Name: ________________________________ Project Name: _________________________________

Project No.: ___________________________________ Date Submitted: _______________________________

The Prime Contractor has to demonstrate “Good Faith Efforts” to meet the S/M/WBE goal, which includes the accurate preparation and submittal of this form, and other efforts described in Section 2-80.27 (1.c) of the Equal Business Opportunity Ordinance.

When submitting a Subcontracting Goal - Waiver Request Form, please submit documentation of your efforts indicated below at time of bid. The fields below will serve as a guide for the Office of Equal Business Opportunity (OEBO) to evaluate your Good Faith Efforts toward meeting subcontracting goals. We ask that this form is utilized in order to provide uniformity to our process; additional documents can be submitted as support for efforts made. For any questions regarding this document, please contact the Office of EBO at 561-616-6840.

THE PRIME CONTRACTOR SHOULD ONLY SUBMIT THIS INFORMATION IF THE PARTICIPATION PLAN DOES NOT MEET THE CONTRACT GOAL. FAILURE TO SUBMIT THIS INFORMATION MAY RESULT IN THE BID AND/OR PROPOSAL FOUND AS NON-RESPONSIVE TO THE ENTIRE SOLICITATION. PLEASE NOTE THAT

METHODS OF CONTACT CANNOT BE THE SAME ON MULTIPLE ATTEMPTS.

Scope of Service

Line Item No.

SMWBE

Type for

Goal

Certified Firm Name, Address, Phone, Email and Contact Person Methods of Contact

Number of times contacted

Contact Date(s)

Certified Firm

Response

Results of Contact (why suitable or not suitable for work)

SBE

MBE

WBE

SMWBE

Phone E-mail Fax Pre-Bid

Authorized Signature: _______________________________________ Date: ___________________ Phone: _____________________________

Print Name: ______________________________________________________ Email Address: _____________________________________________

Attachment D/Page 1 of 2

ATTACHMENT D

PROPOSAL CERTIFICATION FORM

DESIGN PROFESSIONAL SERVICES FOR

AIRPORTS GENERAL CONSULTANT SERVICES (SBE) DOA 21-X

(Proposer must complete, sign and return with proposal)

I hereby certify that I am submitting my company’s proposal and understand that by virtue of executing and returning with this proposal this Proposal Certification Form, I certify that all information is correct and I understand the contents and accept the conditions of the Request for Proposal and this Proposal Certification Form.

Acknowledgment of Supplements:

It is agreed that proposer has received and understands all supplements issued by the County.

The Proposer acknowledges receipt of supplement(s) as follows:

Supplement # dated Supplement # dated

S/M/WBE Participation. Proposer has committed to the following:

__% SBE participation

OR, if applicable:

__% M/WBE participation and/or, if applicable: segmented M/WBE goal(s) of __% participation by (list minority group) and __% participation by (list minority group) as set forth on the Consultant/Subconsultant Questionnaires (or EBO Schedule 1 and Schedule 2s) completed and submitted by Proposer. Proposer shall comply with said goal(s) if awarded the Contract which shall be deemed material terms of any resulting contract.

Commercial Non-Discrimination Certification:

The undersigned Proposer hereby certifies and agrees that the following information is correct: In preparing its response on this Solicitation, the Proposer has considered all proposals submitted from qualified, potential subconsultants/subcontractors and has not engaged in "discrimination" as defined in the County’s Commercial Nondiscrimination Policy as set forth in Resolution 2017- 1770 as amended, to wit: discrimination in the solicitation, selection or commercial treatment of any subconsultant/subcontractor, vendor, supplier or commercial customer on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information, or on the basis of any otherwise unlawful use of characteristics regarding the subconsultant/subcontractor’s, vendor's, supplier's or commercial customer's employees or owners; provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the County’s relevant marketplace of Palm Beach County.

Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision

Attachment D/Page 2 of 2 of the solicitation, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the County to reject the proposal submitted by the Proposer for this Solicitation, and to terminate any contract awarded based on the response. As part of its proposal, the Proposer shall provide to the County a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the Proposer discriminated against its subconsultants/subcontractors, vendors, suppliers or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. As a condition of submitting a proposal to the County, the Proposer agrees to comply with the County’s Commercial Nondiscrimination Policy as described in Resolution 2017-1770 as amended.

PROPOSER (firm name):

PRINT NAME OF AUTHORIZED REPRESENTATIVE:

SIGNATURE OF AUTHORIZED REPRESENTATIVE:

TITLE: DATE:

Attachment E/Page 1 of 1

ATTACHMENT E

CONFLICT OF INTEREST DISCLOSURE FORM

(Must be completed by Proposer and any subconsultants and returned with proposal)

PALM BEACH COUNTY CONFLICT OF INTEREST DISCLOSURE FORM

CONSULTANT/SUBCONSULTANT represents that it presently has no interest, either direct or indirect, which would or could conflict in any manner with the performance of services for the County, except as follows:

(Attach additional sheets as needed.)

CONSULTANT/SUBCONSULTANT further represents that no person having any interest shall be employed for said performance. By signing below, CONSULTANT/SUBCONSULTANT certifies that the information contained herein is true and correct and constitutes all current potential conflicts of interest which may influence or appear to influence CONSULTANT/SUBCONSULTANT’S judgment or quality of services being provided to the County.

CONSULTANT/SUBCONSULTANT shall promptly notify the COUNTY in writing by certified mail of all potential conflicts of interest that may arise in the future through any prospective business association, interest or other circumstance which may influence or appear to influence CONSULTANT/SUBCONSULTANT’S judgment or quality of services being provided to the County.

Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that CONSULTANT/SUBCONSULTANT 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 an unacceptable conflict of interest if entered into by the CONSULTANT/SUBCONSULTANT.

If, in the sole opinion of the COUNTY, the prospective business association, interest or circumstance of CONSULTANT/SUBCONSULTANT would constitute an unacceptable conflict of interest to the COUNTY, the COUNTY shall so state in the notification and the CONSULTANT/SUBCONSULTANT shall not enter into said association, interest or circumstance.

This DISCLOSURE is submitted by (Name of Individual:) __________________________, as (Title/Position:) ___________________________of (Name of Firm:) ____________________________ who hereby certifies that any misrepresentation by the CONSULTANT/SUBCONSULTANT on this Disclosure is considered an unethical business practice and is grounds for sanctions against future County business with the CONSULTANT/SUBCONSULTANT.

Signature Date

Attachment F/Page 1 of 2

ATTACHMENT F

PRIME CONSULTANT QUALIFICATION QUESTIONNAIRE

(Proposer must complete and submit with Proposal)

The detailed data…