Notice and RFP - CM North County Courthouse Renovations P-2024-006280.pdf

Form Restricted 3/10/26 Notice CM project specific non-federal – Qualifications Based Selection

NOTICE

REQUEST FOR PROPOSALS

CONSTRUCTION MANAGER AT RISK

NORTH COUNTY COURTHOUSE RENOVATIONS

PROJECT #: P-2024-006280

Proposals, consisting of those documents and information described in the Request for Proposals

(RFP), will be received by the Board of County Commissioners, Palm Beach County, Florida until

2:00 P.M. on November 17, 2026, at the Palm Beach County Facilities Development and

Operations Department at 2633 Vista Parkway, West Palm Beach, FL, 33411.

The respondents will be submitting proposals to provide Construction Management at Risk services consisting of pre-construction services, developing a Guaranteed Maximum Price (GMP), and construction/renovations to the North County Courthouse located at 3188 PGA Boulevard in

Palm Beach Gardens (the “Project”). The Project includes, but is not limited to: Interior renovations to the public lobby to accommodate a new security control room, removal of one of the existing stairwells in the main lobby, addition of a security vestibule for controlled entry and egress, addition of a secure corridor, modifications to interior office areas including approximately

10,000 sq. ft. of renovations to office space vacated by the Tax Collector, 18,000 sq. ft. of interior office modifications to accommodate relocated offices, creation of first-floor judicial chambers

(including restrooms), minor expansion and modifications to the existing card access system to accommodate floor plan revisions, modifications to building systems including Mechanical, Electrical and Plumbing (MEP), re-roofing of the building, re-keying of the building, replacement of the buildings fire alarm system, and minor parking and exterior screening/fencing area improvements. The preliminary construction cost is estimated at $9,000,000.

All conditions and requirements for submittal of proposals are contained in the RFP. The RFP may be downloaded from the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.pbc.gov/vssprd/Advantage4 . Or, the RFP may be obtained via email to FDO-CID-

Bids@pbc.gov or by calling (561) 233-0261. Include “CM RFP – NORTH COUNTY

COURTHOUSE RENOVATIONS – Project #: P-2024-006280” in the e-mail subject line.

Non-Mandatory Pre-Proposal Conference. Proposers are invited to attend a non-mandatory pre-proposal conference to be held on October 14, 2026, at 3:00 P.M. at the following location: 2633

Vista Parkway, West Palm Beach - 1st Floor, Training Room 1W-55. Attendance at this pre-proposal conference is strongly recommended and encouraged.

Small Business Development Program. Pursuant to the Palm Beach County Code Section 2-80.20 – 2-

80.40 (SBD Ordinance), the County will provide contracting and subcontracting opportunities for SBEs.

Responses will be evaluated based on the selection criteria set out in the RFP including the

Affirmative Procurement Initiatives (APIs) determined by the County’s Goal Setting Committee.

The APIs for this solicitation are:

SBE Evaluation Preference for Mentoring: 5 points for CM/SBE Partner

SBE Evaluation Preference for SBE Participation: up to 10 points for SBE Participation Plan https://pbcvssp.pbc.gov/vssprd/Advantage4 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService mailto:FDO-CID-Bids@pbc.gov

Form Restricted 3/10/26 Notice CM project specific non-federal – Qualifications Based Selection

The APIs applicable to the construction phase(s) of this project, including any mandatory SBE goals for the construction subcontracts, will be determined by the County’s Goal Setting Committee prior to subcontractor bidding for each Guaranteed Maximum Price Amendment. It is anticipated that at least a mandatory minimum SBE subcontracting goal of 20% will be applied to the construction phase(s) of this project. However, depending on the availability of SBEs at the time of subcontractor bidding, the County’s Goal Setting Committee may apply a higher mandatory SBE subcontracting goal. Proposers should review the RFP for more information on the County’s SBD Program as it applies to the construction phase(s) of this project.

At the time of proposal submission, respondent must be properly certified and licensed in the State of Florida and/or Palm Beach County, as applicable, for the purpose of performing the specified work.

Palm Beach County reserves the right to waive any proposal irregularities, informalities, or technical deficiencies and to reject any and all proposals.

ATTEST:

SHANNON RAMSEY-CHESSMAN, BOARD OF COUNTY COMMISSIONERS

CLERK & COMPTROLLER AD INTERIM PALM BEACH COUNTY, FLORIDA

PUBLISH: Palm Beach Post

Sunday: October 4, 2026

Sunday: October 11, 2026

RFP Page 1 Form Restricted 4/02/2026 RFP CM project specific non-federal – Qualifications Based Selection

REQUEST FOR PROPOSALS (RFP)

CONSTRUCTION MANAGER (CM)

AT RISK SERVICES

FOR

PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS

FACILITIES DEVELOPMENT & OPERATIONS DEPARTMENT

CAPITAL IMPROVEMENTS DIVISION

RFP Page 2

TABLE OF CONTENTS

REQUEST FOR PROPOSALS

Introduction to Project

Section A Instructions to Respondents (including Proposal Submittal Requirements)

Section B Criteria for Shortlisting and Final Selection of Firms

Section C Small Business Development (SBD) Program

Section D Terms and Conditions

Section E Award of Contract

Section F Time

Section G Required Forms

ATTACHMENTS

Attachment A Proposal Certification Form

Attachment A-1 Addendum to Proposal Certification Form

Attachment B Certification of Business Location Form

Attachment C Conflict of Interest Disclosure Form

Attachment D Palm Beach County CM Mentoring Guidelines

Attachment E Sample Contract

RFP Page 3

REQUEST FOR PROPOSALS

CONSTRUCTION MANAGER AT RISK

INTRODUCTION

The County is soliciting Proposals (“Responses”) for Construction Management services consisting of pre-construction services, developing a Guaranteed Maximum Price (GMP), and construction/renovation of the North County Courthouse located at 3188 PGA Boulevard in Palm

Beach Gardens (the “Project”). The Project includes, but is not limited to: Interior renovations to the public lobby to accommodate a new security control room, removal of one of the existing stairwells in the main lobby, addition of a security vestibule for controlled entry and egress, addition of a secure corridor, modifications to interior office areas including approximately 10,000

sq. ft. of renovations to office space vacated by the Tax Collector, 18,000 sq. ft. of interior office modifications to accommodate relocated offices, creation of first-floor judicial chambers

(including restrooms), minor expansion and modifications to the existing card access system to accommodate floor plan revisions, modifications to building systems including Mechanical, Electrical and Plumbing (MEP), re-roofing of the building, re-keying of the building, replacement of the buildings fire alarm system and minor parking, and exterior screening/fencing area improvements. The preliminary construction cost is estimated at $9,000,000.

The selected Construction Management firm will function as a general contractor responsible for publicly bidding trade contracts, all scheduling and coordination of the Project, and the successful, timely, and economical completion of the Project. The selected Construction Manager (CM) will provide preconstruction and construction services and will be responsible for construction pursuant to a contractually guaranteed maximum price.

Construction work is scheduled to start at the end of 2027 and continue through the various phases with an anticipated completion date at the end of 2028. Preliminary construction cost is estimated at $9,000,000.

Non-Mandatory Pre-Proposal Conference. Proposers are invited to attend a non-mandatory pre-proposal conference to be held on October 14, 2026, at 3:00 P.M. at the following location: 2633

Vista Parkway, West Palm Beach - Training Room 1W-55. Attendance at this pre-proposal conference is strongly recommended and encouraged.

SECTION A. INSTRUCTIONS TO RESPONDENTS

1. Date and Time for Submission of Responses. Firms desiring to provide services as described herein, must submit their response to this RFP in a sealed envelope with one (1) original

(clearly marked), eight (8) copies (a total of nine (9) copies), and one (1) copy on electronic media. Responses must be received no later than 2:00 P.M., local time, November 17, 2026, to the attention of:

RFP Page 4

Fernando Del Dago, AIA, Director

Capital Improvements Division

Facilities Development & Operations Department

2633 Vista Parkway

West Palm Beach, FL 33411

2. Identification of Responses. Respondents must indicate on their response envelope the following:

• CM@ Risk for North County Courthouse Renovations

• Date of Submittal

• Name of Respondent

• Return Address of Respondent

3. No Late Responses. The time and date for receipt of responses will be scrupulously observed.

The respondent assumes full responsibility for timely delivery at the location designated for receipt of responses. The time/date stamp clock in the lobby area of 2633 Vista Parkway serves as the official authority to determine timeliness of the response. Responses received after the specified time and date will not be opened or considered.

4. Questions. Questions concerning this Request for Proposals must be directed in writing no later than 4:00 P.M., November 3, 2026, to Fernando Del Dago, AIA, Director, Capital

Improvements Division, FDeldago@pbc.gov. Include “CM RFP North County Courthouse

Renovations in the subject line of the e-mail.

5. Supplements to RFP. No oral interpretation of this RFP is binding. The County will be bound by information and statements only when such statements are written and executed under the authority of the Director of the Capital Improvements Division. 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.pbc.gov/vssprd/Advantage4. Interpretations, corrections or changes made in any other manner will not be binding, and Proposers must 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 is not responsible for the completeness of any RFP package not downloaded from VSS.

6. Supplements Should Be Acknowledged. Prior to submission of its Proposal, each Proposer must ascertain that it has reviewed all supplements issued. The Proposer should acknowledge review of all supplements by completing the acknowledgment space provided on the Proposal

Certification Form (Attachment A).

7. Proposal Submittal Requirements.

a. Proposal Contents. The contents of the proposal submitted by the successful

Respondent will become part of the contractual obligations of any subsequent contract.

mailto:FDeldago@pbc.gov https://pbcvssp.pbc.gov/vssprd/Advantage4 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

RFP Page 5

b. Staffing. Proposers should be aware that the Owner will insist that those indicated as a part of the Construction Manager’s team in the proposal actually execute this Project and that the Project Manager for the Construction Manager be continually involved with this

Project during the pre-construction and construction phases, unless agreed to the contrary in writing by Owner, or their employment with Construction Manager is terminated.

c. SUBMITTAL INFORMATION. Proposals should be compiled and tabbed in the order listed below, should include a Table of Contents and hard copies should be bound or placed in a three-ring binder. A complete proposal should include the following information; failure to submit the listed information or to completely fill out any of the forms may result in the rejection of the proposal or a reduction in points:

1) Table of Contents

2) Letter of Interest

3) Letter of Intent from a Surety Company indicating the Respondent’s bondability for this Project under any subsequent contract. The surety must acknowledge that the firm can be bonded for a project with a potential construction cost of $9 Million. The surety company shall be currently listed with the United States Treasury for an amount greater than ten times the estimated project cost.

4) Proposal Certification Form (Attachment A)

5) Addendum to Proposal Certification Form (Attachment A-1)

6) Related Experience: List projects which best illustrate the experience of the firm and staff which will be assigned to this Project under a subsequent contract. The project list should emphasize the successful completion of projects comparable in design, type and scope to this Project. List no more than ten (10) projects, and do not list projects which were completed more than ten

(10) years ago. Provide the following information for each project on this list:

i. Name and location of the project.

ii. The nature of the firm's responsibility on the project including project delivery method.

iii. Provide the name, address, phone number, and e-mail address of an owner’s representative and architect’s representative who can be contacted to provide a reference.

iv. Size of project (square footage of project).

v. Construction cost.

vi. Present status of the project; date project was completed or is anticipated to be completed.

vii. Key professionals involved on the listed projects who would be assigned to this Project under any subsequent contract.

RFP Page 6

viii. Whether or not the project achieved LEED certification or other high performance green building certification.

Provide a secondary list of all projects in Florida which exceed $5 Million in cost, started in the past five (5) years with project name, project owner and contact, location, and construction cost.

7) Claims and Litigation History: List all claims, arbitrations, administrative hearings, lawsuits or criminal proceedings brought by or against firm during the last ten (10) years. The list should include the name of the project over which the dispute arose, a description of the amount in dispute and the subject matter of the dispute. Do not list workers comp claims.

8) Pre-Construction Services Staff: Includes management, technical and support staff. Provide a project organizational chart that could be used for this

Project. Give a brief resume of key persons to be assigned to this Project under any subsequent Contract including, but not limited to:

i. Name and title.

ii. Current project assignments.

iii. How many years with this firm? Other firms?

iv. Experience: Types of projects, size of projects (dollar value & square footage of project), and job assignment.

v. Education and Registrations, include whether staff has LEED credentials or a certificate in sustainable construction from an accredited college or university.

vi. Other experience and qualifications that are relevant to this Project.

vii. Present office location.

9) Construction Services Staff: Provide an organizational chart and resumes of the key on-site staff which may be assigned to this Project under any subsequent contract including, but not limited to:

i. Name and title.

ii. Current project assignments and percentage of time for each.

iii. How many years with this firm? Other firms?

iv. Experience: Types of projects, size of projects (dollar value & square footage of project), and job assignment.

v. Education and Registrations, include whether staff has LEED credentials or a certificate in sustainable construction from an accredited college or university.

vi. Other experience and qualifications that are relevant to this Project.

10) Project Management Services: Describe the capabilities of your firm to provide the technical services required for: Design reviews, budget estimating, value engineering, constructability analysis, construction scheduling, quality control (design and construction), pre-qualification of

RFP Page 7 trade contractors, identification of SBE trade contractors, competitive public bidding of trade contracts, establishing a Guaranteed Maximum Price, cost control, management of trade contractors, safety programs, claims management, reporting systems and project close-out. Also, describe your firm’s approach to resiliency principles and sustainable practices.

11) Reserved

12) Location of Firm’s Offices: Provide address of each office from which staff may be assigned to this Project, and list total number of employees by job function in each office. Firms desiring to receive local office points must include:

i. Certification of Business Location Form (Attachment B)

ii. Business Tax Receipt from the Palm Beach County Tax Collector

13) CM Mentor Program: State whether or not your firm will participate in the

CM Mentor Program on this Project. If you intend to participate in the CM

Mentor Program on this Project you must include in your proposal a signed MOU between your firm and the SBE firm, see CM Mentoring

Guidelines Attachment D.

14) SBE Participation:

i. History of SBE Participation. For each project listed in subparagraph

6 above “Related Experience”, provide the firm’s history of SBE participation. Indicate what the original project goal was and what the firm achieved.

ii. SBE Plan. Provide the SBE Plan for this Project. Describe in detail how your firm will achieve any mandatory SBE subcontracting goals applied to the construction phase of this Project.

iii. Firm’s Commitment to achieving any SBE subcontracting goal.

Firm in its proposal must specifically commit to achieving any mandatory SBE subcontracting goal applied to the construction phase(s) of this project.

15) Conflict of Interest Disclosure Form (Attachment C) completed and signed by the Proposer (and by any sub that the Proposer may be partnering with for the CM services).

16) Copies of SBE certificates for Proposers that are certified as SBEs (and for any sub that the Proposer may be partnering with for the CM services that is certified as an SBE).

17) If a firm elects to participate in the CM Mentor Program (see #13 above), the firm should include OSBD Schedules 1 and 2-A reflecting any SBE participation on the CM services. OSBD Schedules 1 and 2-A can be

RFP Page 8 downloaded from http://discover.pbcgov.org/oebo/Pages/Compliance-

Programs.aspx.

Word versions of the required forms can be downloaded from the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.pbc.gov/vssprd/Advantage4. Or, Proposer can request fillable pdfs or Word versions of many of these required forms by emailing FDO-

CID-Bids@pbc.gov or by phone (561) 233-0261. Include the words “CM

RFP North County Courthouse Renovations - Project# P-2024-006280” in the subject line of the e-mail.

SECTION B. CRITERIA FOR SHORTLISTING AND FINAL SELECTION OF FIRMS

1. Responsiveness Review. CID staff will review each proposal to determine if the proposal is responsive to the RFP. Proposals determined to be non-responsive will be rejected without being evaluated by the Selection Committee(s). A responsive proposal is one which has been signed, has been submitted by the specified submission time, and has provided the information required to be submitted with the proposal. While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a proposal without evaluation, such substandard submissions may adversely impact the evaluation of a proposal.

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

During the responsiveness review, County staff will also calculate the points allocable to responsive firms for location of firm’s office and SBD program for consideration by the selection committees.

2. Short List Committee. A Short List Committee will review and evaluate a firm’s proposal based upon the criteria set forth below. At least three firms will be short listed. In the event of a tie score for the last available short list position, the tied firms will be included in the short list. CID will notify the Respondents of the results of the Short List Committee and invite the shortlisted firms to present to the Final Selection Committee. For shortlisted firms, the points allocated to a firm for location of firm’s office and SBD program will roll over to Final

Selection.

If less than three (3) firms respond to the RFP or less than three (3) firms are found responsive, the FDO Director may readvertise; or if the FDO Director determines that additional responses would not be received from a re-advertisement or because of time constraints, the FDO

Director may submit the responsive proposals to the Final Selection Committee for evaluation without the need to call a shortlist committee.

3. 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.

4. Scoring. Each criteria will be scored and then the scores awarded for all criteria will be added to achieve the total points awarded to each firm by each committee member. Using the total http://discover.pbcgov.org/oebo/Pages/Compliance-Programs.aspx http://discover.pbcgov.org/oebo/Pages/Compliance-Programs.aspx https://pbcvssp.pbc.gov/vssprd/Advantage4 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

RFP Page 9 points awarded to each firm, each committee member will rank each firm with the highest point total ranked 1, the next highest point total ranked 2, etc. The rankings of each firm will be combined from all the committee members to determine the total ranking score for a firm, with the lowest point total ranked 1, the next lowest point total ranked 2, etc.

5. Evaluation Criteria. Pursuant to County-wide PPM# CW-O-092, proposals that are determined to be responsive to this RFP, will be evaluated by the County’s selection committees based on the following criteria:

SHORT-LIST SELECTION CRITERIA (Qualifications Based Selection Process)

POINT

VALUE

1. Related Building Experience – Areas of Consideration: Successful completion of projects comparable in design, type and scope; Recommendation of previous Owners and Architects; Other similar factors including litigation history

2. Pre-Construction Services Staff – Areas of Consideration: General and specific project related capability of Proposer’s pre-construction services staff including depth and abilities of the organization which it can draw upon as needed; includes management, technical and support staff

3. Construction Services Staff – Areas of Consideration: Ability and experience of the proposed construction services staff with specific emphasis on project related experience

4. Location of Firm’s Offices – Where work will be accomplished

5. SBD Program - Evaluation Preferences as applied by the GSC

FINAL SELECTION CRITERIA (Qualifications Based Selection Process)

POINT

VALUE

1. Qualifications of the Firm – Areas of Consideration: Successful completion of similar projects using the Construction Management process; Recommendation of previous Owners and Architects;

Other similar factors including litigation history

2. Proposed Project Staff and Functions – Areas of Consideration: The Project Management team’s experience with similar projects, with public projects, and overall Construction Management experience; Recommendations from previous Owners and Architects

3. Comprehensive Project Management Services – Areas of Consideration: ability and history of the firm and its staff to deliver projects using effective management tools and techniques; firm's scheduling system and cost control system including methods for assuring subcontractors’ adherence to schedule; ability of firm to hold to original schedules and budgets; firm’s approach to establishing a Guaranteed Maximum Price including methods of Cost Control and Reporting

Systems

5. Location of Firm’s Offices – Where work will be accomplished

6. SBD Program - Evaluation Preferences as applied by the GSC

RFP Page 10

SECTION C. SMALL BUSINESS DEVELOPMENT (SBD) PROGRAM

1. 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 and locally 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 a Small Business Development Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code, (SBD Ordinance) which sets forth the County’s requirements for the SBD 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 SBD Ordinance are applicable to this solicitation, and shall have precedence over other provisions of this solicitation in the event of a conflict.

2. Affirmative Procurement Initiatives (APIs). Proposals will be evaluated based on the selection criteria set out in this RFP in Section B, which includes points for CM mentoring and for the Proposer’s SBE participation plan. A Proposer is prohibited from making an agreement with any SBE where the SBE promises not to provide services to other firms submitting proposals. The APIs applicable to the construction phase(s) of this project, including any mandatory SBE goal(s) for the construction subcontracts, will be determined by the County’s Goal Setting Committee prior to the subcontractor bidding for each Guaranteed Maximum Price Amendment. It is anticipated that at least a mandatory minimum SBE subcontracting goal of 20% will be applied to the construction phase(s) of this project. However, depending on the availability of SBEs at the time of subcontractor bidding, the County’s Goal Setting Committee may apply a higher mandatory SBE subcontracting goal. Proposers should review Section 2.1.13 of the Sample Construction Management Agreement attached hereto as Attachment E for more information on the County’s SBD Program as it applies to the construction phase(s) of this Project.

3. Proposal Submission Documentation. If Proposer is proposing SBE participation on the CM services, such as CM mentoring, or if Proposer is an SBE then completed OSBD Schedules 1 and 2-A should be submitted with the Proposal that document the participation on the CM services. (For the construction phase of this Project, the successful Proposer will be required to submit completed Schedule 1 and 2-As on all construction subcontractors prior to the GMP Amendment. See Section 2.1.13 of the Sample Construction Management Agreement attached hereto as Attachment E for more information on the County’s SBD Program as it applies to the construction phase of this Project.)

4. Office of SBD Contact. If a Proposer has questions about the County’s SBD Program please contact the County’s Office of SBD. The Office of SBD contact for the Project is Deirdre Kyle, Small Business Development Specialist III, phone 561-616-6854, email DKyle@pbc.gov. The successful firm will be required to work closely with the staff of the Office of SBD during the procurement phase of the Project in order to identify certified SBEs in the required trades and to notify SBE firms of subcontracting bidding opportunities.

SECTION D. TERMS AND CONDITIONS

1. Rejection of Proposals; Waiver of Irregularities. Palm Beach County reserves the right to mailto:DKyle@pbc.gov

RFP Page 11 reject any and all Proposals, to cancel this RFP and/or to re-advertise, to waive any irregularities, informalities or technicalities therein, to negotiate Contract terms with the successful Proposer, to disregard all non-conforming, non-responsive, unbalanced or conditional Proposals, or to accept any Proposal which in the County's sole judgment will best serve the public interest.

2. Withdrawal of Responses; Clarifications. Any response may be withdrawn until the date and time set above for submission of the responses. The County reserves the right to request clarification on information submitted from one or more respondents after the deadline for receipt of responses.

3. Costs of Preparation; Ownership of Documents. Costs of preparation of a response to the

RFP are solely those of the Respondent and the County assumes no responsibility for any such costs incurred by the Respondent. All responses become the property of Palm Beach County.

4. Limitation. The Respondent understands that the RFP does not constitute an agreement or contract with the Respondent, and no contract rights or remedies will be deemed to have accrued to Respondent herewith.

5. Disqualification. Any Respondent who submits in its Proposal any information that is determined by the County, in its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect may be disqualified from consideration.

6. 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 response non-responsive and ineligible from further consideration.

7. Contractor’s Licenses Required. The Construction Manager and its subcontractors of any tier regulated by the Florida Construction Industry Licensing Board or the Construction

Industry Licensing Board of Palm Beach County must be properly qualified and licensed/certified by the appropriate Board or Boards as required by Florida Statute Chapter

489, or Special Act, Laws of Florida Chapter 67-1876 prior to the issuance of the Notice to

Proceed. The Respondent is required to have an active State Contractors Certification or an active Palm Beach County Certificate of Competency at time of Proposal submittal. Any

Proposal which is submitted by a contractor who is not properly licensed/certified at the time the Proposal is submitted will be rejected as non-responsive.

8. Occupational License. The Construction Manager, subcontractors of any tier, and specialty contractors must have a valid Palm Beach County occupational license, except where provisions of F.S. 205.065 apply.

9. Criminal History Records Check. The Construction Manager’s employees and subcontractors’ employees are subject to the Palm Beach County Criminal History Records

Check Ordinance, Sections 2-371 through 2-377 of the Palm Beach County Code (Code), as may be amended or replaced, and will be required to undergo a criminal history record check

RFP Page 12 in order to be granted access to Critical Facilities or CJI Facilities as those terms are defined in the Code.

10. EEO. The Respondent must be an equal employment opportunity employer. Each

Respondent must complete, sign and furnish with its Proposal the statement titled "Statement of Participation in Contracts Subject to Nondiscrimination Clause", which is incorporated in the Proposal Certification Form (Attachment A). Failure to complete this statement will be cause for rejection of the Proposal.

11. Reserved.

12. Respondent’s Representations. Each Respondent by making its proposal represents that:

a. Public Entities Crimes/Convicted Vendor List. As provided in Florida Statutes

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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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 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 a subsequent contract or performing any work in furtherance thereof, the

Construction Manager certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform thereunder 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).

b. No Contingent Fees. The Respondent warrants that it has not employed or retained any company or person, to solicit or secure this Contract where the Respondent has agreed to pay a fee, commission, percentage, gift or other consideration contingent upon or resulting from the award of this Contract.

c. No Collusion; No Conflicts. The Respondent does hereby declare that it is a genuine Proposal not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; that the Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; that the Proposal is in all respects fair and without collusion, fraud, or mental reservations; that no official of the County or any person in the employ of the County is directly or indirectly interested in said Proposal or in the supplies or work to which it relates, or in any portion of the profits thereof; and that

Respondent has not sought by collusion to obtain for itself any advantage over any

RFP Page 13 other Respondent or over the County.

d. 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 R2025-0748, as may be amended, the

Construction Manager 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, or genetic information. Failure to meet this requirement shall be considered default of the Contract.

e. Disclosure of Foreign Gifts and Contracts with Foreign Countries of Concern.

Pursuant to F.S. 286.101, as may be amended, by entering into a contract or performing any work in furtherance thereof, the proposer certifies that it has disclosed any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern where such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years.

13. Lobbying

a. Lobbyist Registration Ordinance. 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”.

b. 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.

c. Exceptions. 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.

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

14. Bond and Insurance Requirements

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a. Public Construction Bond. Within five (5) days of Owner’s acceptance of a

Guaranteed Maximum Price, the Construction Manager must furnish to Owner, on forms provided by Owner the following:

1) Public Construction Bond in the Amount of 100% of the GMP Price

2) Form of Guarantee

Such Public Construction Bond must incorporate by reference all of the terms and conditions of the Contract Documents, including but not limited to the Construction

Manager and Surety's obligation for liquidated damages as well as Surety's acknowledgment regarding any and all provisions addressing or regarding "no damages for delay", as provided for in the General Conditions.

b. Insurance Requirements. At the time of Contract execution, the Construction

Manager must furnish to the Owner certificates of insurance evidencing the existence of current, valid, and binding insurance policies for the limits and coverage in accordance with the requirements delineated in the General Conditions, where such insurance is to be provided by Construction Manager, or as otherwise modified within the Contract Documents, together with a declaration of deductible amounts applicable to each type of insurance provided, acceptable to Owner.

15. Reserved.

16. County Standard Contract Required. The selected firm will be required to execute the

County’s standard contract for Construction Management Services, including General

Conditions to the Contract, without exception or modification. A sample contract is attached as Attachment E. The sample contract is for informational purposes only at this time and is not to be returned with the proposal.

17. 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, contractors 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.

18. VSS Registration Required. Proposer must register in the County’s Vendor Self Service (“VSS”) at https://pbcvssp.pbc.gov/vssprd/Advantage4. If Proposer intends to use subcontractors, Proposer must also ensure that all subcontractors are registered as vendors in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS.

19. Prohibition against Considering Social, Political or Ideological Interests in Government

Contracting - F.S. 287.05701. Proposers are hereby notified of the provisions of section

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287.05701, Florida Statutes, as amended, that the County will not request documentation of or consider a Proposer’s social, political, or ideological interests when determining if the Proposer is a responsible Proposer. Proposers are further notified that the County's governing body may not give preference to a Proposer based on the Proposer’s social, political, or ideological interests.

20. Digital Accessibility Compliance. Contract Manager acknowledges that the County is a public entity subject to Title II of the Americans with Disabilities Act (ADA) and applicable federal accessibility regulations. Contract Manager represents and warrants that all websites, web-based applications, digital services, electronic documents, multimedia, and other electronic content created, developed, provided, submitted, maintained, or delivered under this

Contract that may be electronically displayed, accessed, distributed, or made available to the public by the County shall conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, or any successor standard adopted by the U.S. Department of Justice.

All electronic documents submitted to the County, including but not limited to PDFs, reports, forms, presentations, and public-facing materials, shall be provided in an accessible format compliant with the applicable accessibility standard at the time of delivery.

Contract Manager shall ensure that any updates, revisions, or modifications to such digital content remain compliant throughout the term of this Contract. Upon request, Contract

Manager shall provide documentation reasonably demonstrating accessibility compliance. If any deliverable is determined by the County to be noncompliant, Contract Manager shall promptly remediate the noncompliance at no additional cost to the County and within a timeframe specified by the County. Contract Manager shall ensure that any third-party digital content or platforms used in performance of this Contract either comply with the requirements herein or that an accessible alternative acceptable to the County is provided.

Failure to comply with this subsection shall constitute a material breach of this Contract.

SECTION E. AWARD OF CONTRACT

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

2. Right of Appeal/Protest. Protest procedures are provided in the Palm Beach County

Purchasing Code. Any proposer who is aggrieved in connection with the recommended award may protest to the Director of Procurement. The protest must be received by the Procurement

Director within five (5) business days after posting of the award recommendation. The protest must be submitted in writing, addressed to the Director of Purchasing, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 via hand delivery or mail or fax to (561) 242-

6705. The protest must identify the protestor and the solicitation, must include a factual summary of the basis of the protest and must include a protest bond in the amount of: (1) one thousand five hundred dollars ($1,500.00) for solicitations less than one million dollars

($1,000,000.00); (2) three thousand dollars ($3,000.00) for solicitations one million dollars

($1,000,000.00) to less than five million dollars ($5,000,000.00); or (3) five thousand dollars

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($5,000.00) for solicitations five million dollars ($5,000,000.00) or greater, which bond shall be remitted in the form of a money order, certified check, a cashier’s check, or a bank check payable to Palm Beach County. Such protest is considered filed when it is received and date/time stamped by the Department of Procurement. The date/time stamp of the

Procurement Department shall control when determining whether the protest was received by the Director of Procurement within the time frame specified for the notice of protest. Neither the Director of Procurement nor a special master shall consider any issue not submitted in writing within the time frame specified for the notice of protest. Please refer to Section 2-55, Palm Beach County Code, for more information on the County’s protest process.

3. Debriefings. After the Notification of Recommended Award has been posted, any unsuccessful Proposer may request a debriefing from the Director, Capital Improvements by calling the Capital Improvements Division at 561-233-0261. The debriefing may include discussion of 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.

4. Negotiations. The Owner will conduct negotiations with the highest ranked Respondent to determine the fee and other requirements. 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.

5. Disclosure of Ownership Interests. Pursuant to a directive by the Board of County

Commissioners, the recommended awardee must submit a Disclosure of Ownership Interest

Affidavit (DOIA). Disclosure does not apply to nonprofit corporations, government agencies, or to an individual’s or entity’s interest in any entity registered with the Federal

Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public. Prior to contract award, the recommended awardee will be required to submit a completed DOIA. If the recommended awardee fails to submit a completed DOIA in a timely manner, the County, at its sole discretion, may elect to cancel the recommended award. A copy of the DOIA is available upon request.

6. Cancelation of RFP and/or Recommended Award. The County reserves the right to cancel this RFP and/or 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.

SECTION F. TIME

Time is of the essence in all contract documents. The successful Respondent, shall enter into a

Contract with the County, shall commence the work to be performed under the Contract on the date set by the County in the written notice to proceed, and shall continue the work with due diligence and shall achieve timely substantial and final completion of the Project.

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SECTION G. REQUIRED FORMS

Attachment A Proposal Certification Form

Attachment A-1 Addendum to Proposal Certification Form

Attachment B Certification of Business Location Form (for firms desiring local office points)

Attachment C Conflict of Interest Disclosure Form

OSBD Schedules 1 & 2-A Only for firms participating in the CM Mentor Program

RFP Attachment A/Page 1 of 2

RFP ATTACHMENT A

PROPOSAL CERTIFICATION FORM

CM SERVICES FOR

(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:

Proposer has checked the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.pbc.gov/vssprd/Advantage4 for any supplements to this RFP that may have been issued prior to the deadline for receipt of proposals and understands all supplements issued by the

County.

The Proposer acknowledges the following supplement(s):

Supplement # dated Supplement # dated____ ______

SBD Commitment:

Proposer acknowledges that the APIs applicable to the construction phase(s) of this Project, including any mandatory SBE goal applicable to the construction subcontracts, will be determined by the County’s Goal Setting Committee prior to the subcontractor bidding of each Guaranteed

Maximum Price Amendment. Proposer agrees to comply with said goal(s) during the construction phase(s) of the Project 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 subcontractors and has not engaged in "discrimination" as defined in the

County’s Commercial Nondiscrimination Policy as set forth in Resolution 2025-0748 as amended, to wit: discrimination in the solicitation, selection or commercial treatment of any subcontractor, vendor, supplier or commercial customer on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information, or on the basis of any otherwise unlawful use of characteristics regarding the 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. Without limiting the foregoing, "discrimination" also includes retaliating

RFP Attachment A/Page 2 of 2 against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision 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 subcontractors, vendors, suppliers or…