RFP No. F-21-017-LI.pdf

Board of County Commissioners County Administrator

Dave Kerner, Mayor Verdenia C. Baker Robert S. Weinroth, Vice Mayor Hal R. Valeche Greg K. Weiss Mary Lou Berger Melissa McKinlay Purchasing Department Mack Bernard www.pbcgov.com/purchasing

REQUEST FOR PROPOSAL

FOR FEDERALLY FUNDED GOODS/SERVICES

RFP No. F-21-017/LI

Palm Beach County Board of County Commissioners and

Palm Tran are seeking

Proposals for:

Bus Stop Shelter Expansion and Replacement Program

Date issued/available for distribution: November 18, 2020

Proposer shall submit one (1) unbound original, seven (7) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal to be received in the Offices of the Purchasing Department no later than December 21, 2020, 4:00 p.m. local time. See Section 1.9 of the RFP for Mailing Instructions.

Non-Mandatory Pre-Proposal Conference: See Section 1.6 of this Solicitation.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR THE RECEIPT OF PROPOSALS

AND THE RFP NUMBER.

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

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

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

REQUESTED IN AN ALTERNATE FORMAT

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

TABLE OF CONTENTS

SECTION PAGE

SECTION 1 GENERAL INFORMATION

1.1 ISSUING OFFICE

1.2 INTRODUCTION

1.3 HISTORY AND BACKGROUND

1.4 PURPOSE OF THE PROJECT

1.5 PERIOD OF CONTRACT

1.6 NON-MANDATORY PRE-PROPOSAL CONFERENCE

1.7 QUALIFICATION OF RESPONDENTS

1.8 TIMETABLE

1.9 PROPOSAL SUBMISSION

1.10 CONTACT PERSON

1.11 LOBBYING

1.12 ADDITIONAL INFORMATION/AMENDMENT(S)

SECTION 2 GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

2.2 MODIFIED PROPOSALS

2.3 WITHDRAWAL OF PROPOSALS

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

2.5 RFP POSTPONEMENT/CANCELLATION

2.6 COSTS INCURRED BY PROPOSERS

2.7 PUBLIC RECORDS AND PROPRIETARY/CONFIDENTIAL

INFORMATION

2.8 NEGOTIATIONS

2.9 POSTING OF INTENT AND RIGHT TO PROTEST

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

2.12 CRIMINAL HISTORY RECORDS CHECK

2.13 REVIEW OF PROPOSALS

2.14 EXCEPTIONS TO THE RFP

2.15 SELECTION PROCESS

2.16 EVALUATION CRITERIA

2.17 AWARD OF CONTRACT

2.18 DISCLOSURE OF OWNERSHIP INTERESTS

2.19 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

2.20 COMMENCEMENT OF WORK

2.21 INSURANCE REQUIREMENTS

2.22 DRUG FREE WORKPLACE CERTIFICATION

2.23 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S

BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS

2.24 PERFORMANCE AND PAYMENT BOND(S)/LETTER OF CREDIT

2.25 AUTHORIZED SIGNATURE

ii

TABLE OF CONTENTS

(continued)

SECTION PAGE

SECTION 3 PROPOSAL REQUIREMENTS

3.1 EXPERIENCE / QUALIFICATION / BACKGROUND / REFERENCES

INFORMATION

3.2 PROJECT APPROACH / UNDERSTANDING INFORMATION

3.3 KEY PERSONNEL AND OPERATIONS INFORMATION

3.4 FINANCIAL / BUSINESS STABILITY

3.5 PRICE PROPOSAL INFORMATION

3.6 BUSINESS INFORMATION

3.7 SPECIAL CONTRACT PROVISIONS

3.8 DEBARMENT AND SUSPENSION (CERTIFICATION REQUIRED)

3.9 AMENDMENTS TO THE RFP

3.10 ADDITIONAL INFORMATION

SECTION 4 SCOPE OF WORK/SERVICES

ATTACHMENT A - CURRENT PALM TRAN BUS SHELTER

LOCATIONS

ATTACHMENT B - BUS SHELTER ADVERTISING OCCUPANCY

REPORT (2016-2019)

ATTACHMENT C - BUS SHELTER ADVERTISING GROSS REVENUE

(FROM CURRENT CONTRACTOR (2016-2018))... 49

ATTACHMENT D - PALM BEACH COUNTY FACTS (2018)

ATTACHMENT E - SHELTER EXPANSION LOCATIONS

(INFORMATIONAL USE ONLY)

ATTACHMENT F - PALM TRAN TRANSIT DESIGN MANUAL

ATTACHMENT G - ACCESSING TRANSIT: FDOT DESIGN HANDBOOK

FOR FLORIDA BUS PASSENGER FACILITIES,

VERSION III, 2013

ATTACHMENT H - TRANSIT SHELTER DESIGN GUIDE

SECTION 5 ATTACHMENTS

ATTACHMENT 1 - SAMPLE STANDARD CONTRACT

SECTION 6 APPENDICES

APPENDIX A - PRICE PROPOSAL PAGES

APPENDIX B - GUARANTEED BUS STOP SHELTER

APPENDIX C - BUSINESS INFORMATION

APPENDIX D - SPECIAL CONTRACT PROVISIONS

APPENDIX E - CERTIFICATION REGARDING DEBARMENT AND

SUSPENSION

APPENDIX F - DRUG FREE WORKPLACE CERTIFICATION

APPENDIX G - DISCLOSURE OF OWNERSHIP INTERESTS

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposal (RFP) is issued for the County of Palm Beach, hereinafter referred to as “County”, by the Purchasing Department for the benefit of Palm Tran. The Purchasing Department is the SOLE point of contact concerning this RFP. All communications regarding this RFP must be done through the Purchasing Department.

See Section 1.10, Contact Person.

1.2 INTRODUCTION

Palm Tran, the mass transit provider for Palm Beach County, is a mid-sized transit provider with approximately 160 fixed-route buses and 32 routes providing over 33,000 daily fixed-route trips to a county that is home to approximately 1.5 million people. Palm Tran provides service to over 3,000 bus stops and nearly 40 municipalities. Palm Tran also provides demand response service via Palm Tran Connection. Geographically speaking, Palm Beach County is the largest county, in terms of land area, east of the Mississippi River. The service area includes primarily urban and suburban areas near the coastline, with less dense land uses further west, including a rural community near and around Lake Okeechobee. Palm Tran has three (3) facilities at the following locations:

1. Palm Tran North: 3201 Electronics Way, West Palm Beach, FL 33407

2. Palm Tran South: 100 South Congress Avenue, Delray Beach, FL 33445

3. Palm Tran West: 30601 James Wheeler Way, Belle Glade, FL 33430

Palm Tran’s bus shelter program should reflect the agency’s vision to be the premier transportation choice in Palm Beach County. Shelters must be American with Disabilities Act (ADA) compliant, and must be of a modern design and must include options for solar lighting, bike racks, trash receptacles, customer information and other amenities as needed. Purchase of new and replacement bus shelters must comply with all “Buy America” requirements.

Palm Tran currently has approximately 300 advertising and 10 non-advertising bus stop shelters on its 590 miles of bus routes, in both urban and rural areas. See Attachment A

- Current Palm Tran Bus Shelter Locations.

The successful proposer shall be responsible for all bus shelter program costs related to the design, manufacture, delivery, storage, civil work, installation and permitting of non-advertising and advertising shelters.

This procurement will be funded in part by a grant agreement between Palm Beach County and the U.S. Department of Transportation, Federal Transit Administration.

Therefore, the attached Appendix D, Special Contract Provisions, apply to this procurement. The County currently has federal grant funds to reimburse the Contractor for the costs to purchase the new and/or replacement bus shelters. Other costs related to the installation of new and/or replacement shelters including civil work and construction (i.e., assembly of shelter and/or preparation of installation site) and permitting will be the responsibility of the Contractor.

Municipalities in Palm Beach County may also access the resultant contract through a partnership with the County, in which the municipality’s governing board authorizes the County to assume all rights, title, and interests to existing bus shelters currently located within the jurisdiction of the municipality, as well as any bus shelters installed within their jurisdiction as part of this Contract, should the Palm Beach County Board of County Commissioners (Board) authorize such a partnership and upon the effectuation of a fully executed agreement between the municipality and the Board.

1.3 HISTORY AND BACKGROUND

The County currently has a contract for bus shelter advertising that has an expiration date of July 3, 2022. However, as the infrastructure of the county is being improved to meet the needs of its transit customers, it is recognized that new bus shelters and replacement of old shelters are critical. Therefore, the County seeks to pursue a new bus stop shelter program with the successful proposer to this RFP. The Scope of Work/Services under the current contract includes construction, installation, maintenance and advertising for bus stop shelters. Palm Tran currently has approximately 300 advertising shelters and 10 non-advertising shelters.

The following attachments are provided only for informational purposes:

• Attachment B - Bus Shelter Advertising Occupancy Report (2016 – 2019)

• Attachment D - Palm Beach County Facts (2018)

Note: Additional shelters located in several municipalities in the county are not owned or controlled by the County.

1.4 PURPOSE OF THE PROJECT

Palm Beach County is seeking proposals from qualified and experienced companies to implement and manage a bus shelter program for designing, furnishing and installing new bus shelters, replacing current bus shelters, cleaning, maintaining and repairing of all bus shelters, and aggressively market, manage, and implement advertising opportunities to install on the shelters in the unincorporated areas of the County and in our partner cities, except where prohibited by local ordinances in certain municipalities.

1.5 PERIOD OF CONTRACT

The proposed effective date of this Contract is March 9, 2021. The selected proposer will provide services for a one hundred twenty (120) month period ending February 28, 2031.

1.6 NON-MANDATORY PRE-PROPOSAL CONFERENCE

All proposers are invited to attend a Non-Mandatory Pre-Proposal Conference that will be held at the Purchasing Department, 50 South Military Trail, Room 1N-142 North/South, West Palm Beach, Florida 33415, on December 1, 2020, commencing at 9:00 a.m. local time. At this time, the County’s representative(s) will be available to answer any questions relative to this Request for Proposal. Any questions or comments arising subsequent to the Non-Mandatory Pre-Proposal Conference must be presented, in writing, prior to the date and time stated in the Timetable (see Section 1.8) of the RFP, to be discussed with the County’s representative(s) as possible amendments to the RFP.

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

1.7 QUALIFICATION OF PROPOSERS

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

1.8 TIMETABLE

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

Activity Date Time Location

RFP available for 11/17/20 Purchasing Department Download from 50 S. Military Trail, Ste. 110

VSS: W. P. B., FL 33415

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Non-Mandatory Pre-Proposal 12/01/20 9:00 a.m. Purchasing Department Conference 50 S. Military Trail Room 1N-142 North/South

W. P. B., FL 33415

Deadline for receipt of 12/03/20 5:00 p.m. Purchasing Department questions or comments 50 S. Military Trail, Ste. 110

W. P. B., FL 33415

Deadline for receipt 12/21/20 4:00 p.m. Purchasing Department of Proposals 50 S. Military Trail, Ste. 110

W. P. B., FL 33415

Selection Committee 1/07/21 9:00 a.m. Purchasing Department Meeting 50 S. Military Trail Room 1N-142 North/South

W.P.B., FL 33415

Oral Presentations/ 1/14/21 9:00 a.m. Purchasing Department Selection Committee 50 S. Military Trail Meeting (if conducted) Room 1N-142 North/South

W.P.B., FL 33415

Deadline for receipt of 1/21/21 4:00 p.m. Purchasing Department BAFO’s (if required) 50 S. Military Trail, Ste. 110

W.P.B., FL 33415

Selection Committee 1/28/21 9:00 a.m. Purchasing Department Meeting (if required) 50 S. Military Trail Room 1N-142 North/South

W.P.B., FL 33415

Posting Date of Notice 2/02/21 Purchasing Department of Intent to Award 50 S. Military Trail, Ste. 110

W.P.B., FL 33415

www.pbcgov.com/purchasing

BCC Award Date 3/09/21 Governmental Center 301 N. Olive Avenue, 6th Floor

W.P.B., FL 33401

Contract Start Date 3/09/21

NOTE: County reserves the right to alter the above activities and/or times at the

County’s sole discretion.

1.9 PROPOSAL SUBMISSION

All proposals must be submitted on 8 ½” x 11” paper.

One (1) unbound original, seven (7) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal must be received in the Purchasing Department by December 21, 2020, 4:00 p.m. local time. The original and all copies must be submitted in a sealed envelope or container. The proposer’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this RFP. The outer envelope or wrapper should be addressed as follows:

Proposer Name Address Phone No.

http://www.pbcgov.com/purchasing

Palm Beach County Board of County Commissioners Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415 ATTN: Lisa Inkell, Senior Buyer RFP No. F- 21-017/LI

Title: Bus Stop Shelter Expansion and Replacement Program Due Date: December 21, 2020, 4:00 p.m. local time.

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

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

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

The submission of a signed proposal by a proposer will be considered by the County as constituting a legal offer by the proposer to perform the required services at the proposed pricing identified therein.

1.10 CONTACT PERSON

The contact person for this RFP is Lisa Inkell, Senior Buyer, at (561) 616-6808, e-mail address linkell@pbcgov.org or fax number (561) 242-6708 in the Purchasing Department.

Proposers are advised that from the date of release of this RFP until award of the contract, NO contact with County staff and/or designated Selection Committee members concerning this RFP is permitted, except as authorized by the contact person designated herein.

1.11 LOBBYING:

A. CONE OF SILENCE: Proposers are advised that the “Palm Beach County

Lobbyist Registration Ordinance” prohibits a proposer or anyone representing the proposer from communicating with any County Commissioner, County Commissioner’s staff, or any County employee authorized to act on behalf of the Board of County Commissioners to award a particular contract 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 or a County Department authorized to act on their behalf, awards or approves a contract, rejects all proposals, or otherwise takes action that ends the Solicitation process. Proposers may, however, contact any County Commissioner, County Commissioner’s staff, or any County employee authorized to act on behalf of the Commission to award a particular contract, via written communication, i.e., facsimile, e-mail or U.S. mail.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

B. RESTRICTIONS ON LOBBYING CERTIFICATION - ONLY APPLICABLE IF

CONTRACT IS IN EXCESS OF $100,000 (Certification Required - Appendix D

- EXHIBIT 2): Proposers who apply or propose for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the proposer.

A completed certificate attached hereto titled Restrictions on Lobbying Certification (Appendix D - EXHIBIT 2) is required to be submitted with the proposal. Upon request, proposer agrees to provide the County with subsequent certification(s) for it and/or its suppliers, subcontracts and sub-consultants after Contract award.

1.12 ADDITIONAL INFORMATION/AMENDMENT(S)

Any questions, comments (i.e., additional information or clarifications) must be made in writing via fax, e-mail or U.S. Mail, no later than Deadline for receipt of questions and comments to the address listed in the RFP Timetable (Section 1.8) or fax number or e-mail address listed for the Contact Person (Section 1.10) above. The request must contain the proposer’s name, address, phone number, facsimile number and e-mail address.

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

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

As they are issued, all Amendments to solicitations will be posted under the applicable solicitation on the County's on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the proposer to routinely check VSS for any Amendments that may be 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 or obtained directly from the Palm Beach County Purchasing Department.

It is the proposer’s sole responsibility to assure receipt of all Amendments. The proposer should verify with the designated Contact Person (see Section 1.10) prior to submitting a proposal that all Amendments have been received. Proposers are required to acknowledge the receipt of all Amendments as part of their proposal.

SECTION 2

GENERAL TERMS AND CONDITIONS

2.1 PROPOSAL GUARANTEE

Proposer guarantees their commitment, compliance, and adherence to all requirements of the RFP by submission of their proposal.

2.2 MODIFIED PROPOSALS

Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the Deadline for receipt of proposals. The County will only consider the latest proposal submitted.

2.3 WITHDRAWAL OF PROPOSALS

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

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

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

Proposals and/or modifications to proposals received after the Deadline for receipt of proposals specified in the RFP Timetable (Section 1.8) are late and shall not be considered.

2.5 RFP POSTPONEMENT / CANCELLATION

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

2.6 COSTS INCURRED BY PROPOSERS

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

2.7 PUBLIC RECORDS AND PROPRIETARY / CONFIDENTIAL INFORMATION

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

For proposer's contractual obligations regarding public records, please refer to Article 27 of the attached Sample Standard Contract.

2.8 NEGOTIATIONS

The County may award a contract on the basis of initial proposals received, without discussions. Therefore, each submitted proposal should contain the proposer’s best price and technical offer.

2.9 POSTING OF INTENT TO AWARD AND RIGHT TO PROTEST

The Intent to Award shall be publicly posted for review at the Purchasing Department and on the Purchasing Department website at www.pbcgov.com/purchasing prior to final approval. The Intent to Award shall remain posted for a period of five (5) business days.

The official posting on the Purchasing Department website shall prevail if a discrepancy exists between the referenced listings.

Any proposer may protest the Intent to Award by submitting a written protest to the Director of Purchasing within five (5) business days after posting the Notice of Intent to Award in accordance with Chapter 2, Article II, Section 2-55 of the Palm Beach County Code. Protests must be submitted in writing, addressed to the Director of Purchasing, via hand delivery, mail or fax to (561) 242-6705.

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT

REQUIREMENTS

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

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

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

The proposer shall comply with all federal, state and local laws, ordinances, and regulations applicable to the services contemplated herein, to include those applicable to Conflict of Interest/Organizational Conflict of Interest/Gift Policy (See Article 20 of attached Sample Standard Contract). Proposers are presumed to be and shall be familiar with all federal, state and local laws, ordinances, codes and regulations that may, in any way, affect the services offered, to include Executive Order No. 11246 entitled “Equal Employment Opportunity” as amended by Executive Order No. 11375, and as supplemented by the Department of Labor Regulations (41 C.F.R. 60); Clean Air Act (42 U.S.C. 7401); Federal Water Pollution Act (33 U.S.C. 1251-1387); Federal Contract Work Hours and Safety Standards (40 U.S.C. 3701); Scientific Research and Development and Copyright and Patent Rights (37 C.F.R. 401); Mandatory Standards and Policies Relating to Energy Efficiency (42 U.S.C. 6201); Procurement of Recovered Materials for Goods Valued above $10,000 (40 C.F.R. 247-247.17); Program Fraud and False or Fraudulent or Related Acts (31 U.S.C. 38); and Federal Criminal Law/False Statements Act (31 U.S.C.3279). (See Articles 39 - 44 of the Sample Standard Contract).

2.12 CRIMINAL HISTORY RECORDS CHECK

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

A fingerprint based criminal history record check shall be conducted on all employees of contractors and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility ("Critical Facilities") or a criminal justice information facility ("CJI Facilities"), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2013-1470 and R-2015- 0572, as amended. In October 2013, compliance with the requirements of the U.S.

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

2.13 REVIEW OF PROPOSALS

Each proposal will be reviewed to determine if the proposal is responsive to the RFP.

Proposals deemed to be non-responsive will be rejected without being evaluated by the Selection Committee. 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 (as stated in Section 3). 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 your proposal, especially information relating to establishing financial/business stability. Proposers who fail to comply with all of the required and/or desired elements of this RFP, do so at their own risk.

2.14 EXCEPTIONS TO THE RFP

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

2.15 SELECTION PROCESS

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

The Selection Committee will evaluate all responses to this RFP that meet the Proposal Requirements and are deemed responsive. The Selection Committee may evaluate all proposals based solely on the information submitted with the proposal. Accordingly, proposers are urged to ensure that their proposal contains all the necessary information for the Selection Committee to fairly and accurately evaluate each of the criteria listed below in Section 2.16. However, an oral presentation, additional written information, internal staff analysis, proposer presentations, outside consultants, and/or any other information may be required, at any time during the selection process, to help the Committee determine the final ranking of proposers. The Selection Committee may determine, as the result of additional information, that the impact of this information is significant and may be considered in the scoring and/or ranking, at the discretion of the Committee.

The Selection Committee shall meet in public session as necessary to score each proposal by reviewing each proposal against the evaluation criteria listed below, see Section 2.16. Upon completion of the Selection Committee’s review and discussion of all the responsive proposals submitted, each Selection Committee Member shall score each proposal and total the scores for each proposal. The proposals shall be assigned a ranking based upon the totals of each Selection Committee Member’s score for each proposal.

After the Selection Committee has developed an overall ranking for each proposer, the committee will then review, discuss, and declare either: (1) the proposal(s) ranked the highest as its “finalist” and make it recommendation for award of the contract OR (2) determine that it is not in the best interest of the County to award solely on the basis of the initial proposals and oral interviews, if conducted. In the latter instance, the Selection Committee may form a competitive range, or short list, comprised of only those proposers who have a reasonable chance of being selected for award. The Selection Committee may then hold discussions and negotiate with those proposers still within the competitive range. At the conclusion of discussions and negotiations, proposers may be asked to submit a Best and Final Offer (BAFO). The BAFO will be scored in the same manner as the original proposals and assigned rankings. The Selection Committee will then declare the proposal ranked the highest as its “finalist” and make its recommendation for award of the contract.

2.16 EVALUATION CRITERIA

1. Experience/Qualifications Weight 35 % ( 35 pts) Background/References (See Section 3.1)

2. Project Approach/Understanding Weight 50 % ( 50 pts) (See Section 3.2)

3. Key Personnel and Operations Weight 10 % ( 10 pts) (See Section 3.3)

4. Price Proposal Weight 5 % ( 5 pts) (See Section 3.5)

2.17 AWARD OF CONTRACT

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

Upon review and approval of the Selection Committee’s recommendation for award, the Purchasing Department will post the award recommendation at the Purchasing Department and on the Purchasing Department website at www.pbcgov.com/purchasing for a period of five (5) business days for review by interested parties prior to final approval of the award. The apparent successful proposer will be notified of the recommendation for award by mail. The recommended awardee shall provide documentation that demonstrates that the individual(s) executing the Contract has the authority to do so and to legally bind the recommended awardee. A contract must be completed and executed by the successful proposer and the County and, when appropriate, by the Board of County Commissioners before it becomes valid and effective. If these conditions and contract negotiations, if applicable, are not met and/or completed within a reasonable timeframe as determined by the County, the County may elect to cancel the Recommended Award to that proposer and make the award recommendation to the next most advantageous proposer. This process may continue until such time as the County has determined to cancel the procurement in its entirety. The official posting on the Purchasing Department website shall prevail if a discrepancy exists between the referenced listings.

2.18 DISCLOSURE OF OWNERSHIP INTEREST

Pursuant to a directive by the Board of County Commissioners, the Disclosure of Ownership Interest affidavit (DOIA) (See Appendix G) must be completed on behalf of any individual or business entity that seeks to do business with the County when applicable. 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, F.S., whose interest is for sale to the general public.

Upon request from the Purchasing Department, the recommended awardee shall submit a completed DOIA within a reasonable time, as requested. 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.

2.19 STANDARD CONTRACT PROVISIONS (ATTACHMENT 1)

The selected proposer will be required to execute a contract similar to the attached Sample Standard Contract (Attachment 1). If a proposer has comments related to any of the provisions in this RFP and/or the Sample Standard Contract, comments must be made, in writing, no later than the date specified in the RFP Timetable (see Section 1.8).

The Sample Standard Contract provisions (general and specific) will be incorporated into any contract resulting from this RFP. Should any selected proposer and the County be unable to consummate a written contract, the County may proceed to the next most advantageous proposal as determined by the Selection Committee or issue a new Solicitation or cancel the procurement process in its entirety.

2.20 COMMENCEMENT OF WORK

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

2.21 INSURANCE REQUIREMENTS

Prior to the effective date of the Contract, it shall be the responsibility of the successful proposer to provide evidence of the minimum amounts of insurance coverage specified in Attachment 1, Article 15, to Palm Beach County through the Contact Person set forth in Section 1.10 until otherwise notified by County.

The successful proposer shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Contract, insurance coverages and limits (including endorsements) as described herein (see Attachment 1, Article 15). Failure to maintain the required insurance shall be considered default of the Contract. The requirements contained herein, as well as the County’s review or acceptance of insurance maintained by the successful proposer, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the successful proposer under the Contract.

2.22 DRUG FREE WORKPLACE CERTIFICATION

Proposers should submit, with their proposal, an executed Drug Free Workplace Certification (Appendix F) indicating that the proposer has implemented a Drug Free Workplace Program that meets the requirements of Section 287.087, F.S.

2.23 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S

BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS:

The County has made all necessary affirmative steps to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. The successful proposer, if prime subcontracts are to be let, shall take the Affirmative Steps listed below in paragraphs a) through e) of this Section.

AFFIRMATIVE STEPS must include:

a. Placing qualified small and minority businesses and women's business enterprises on Solicitation lists;

b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

2.24 PERFORMANCE AND PAYMENT BONDS / LETTER OF CREDIT

The successful proposer shall furnish, to the County, a Performance Bond or Clean Irrevocable Letter of Credit in the amount of One Hundred Thousand Dollars and no cents ($100,000.00) and a Payment Bond in the amount equal to one hundred percent (100%) of the Contract amount, prior to commencement of work, and shall keep the same in force and effect during the entire term of this Contract.

The successful proposer shall furnish Performance and Payment Bonds in a form and format satisfactory to the County as security for the faithful performance of the Contract resulting from the award of RFP No. F-21-017/LI and for the payment of all costs incurred by the County to obtain a replacement contract, in the event the successful proposer fails to perform as required under said Contract. The term "COST" as used herein shall include all fees, costs, and expenses arising out of the successful proposer's failure to perform the contract whether direct, indirect, actual, consequential, or incidental and shall include attorney's fees and costs, expert witness fees and expenses, and all time incurred by Palm Beach County. In addition, the Performance and Payment Bonds shall fully comply with the County’s requirements and format as set forth in Palm Beach County PPM #CW-F-056, the terms of which are incorporated herein by reference.

The Performance and Payment Bonds are to ensure the faithful performance and payment of all the requirements of the Contract RFP No. F-21-017/LI, and to save, defend, indemnify, and hold harmless the County and Palm Tran, Inc., from any and all damages, costs, fees, and expenses, either directly or indirectly arising out of any failure to perform the Contract. The Bond(s) shall be issued by a company authorized to do business in the State of Florida and having a currently valid certificate of authority and bonding capacity as issued by the United States Department of Treasury under 31.U.S.C.

9304-9308. Bond Company shall meet all requirements/regulations set forth under the Florida Insurance Commissioner’s Office. The successful proposer shall verify, prior to execution of the Contract, the acceptability of the surety provided thereunder. The attorney-in-fact who signs the Bond(s) must file, with the Bond(s), a certificate and effective dated copy of power of attorney. The successful proposer must furnish the executed bond(s) prior to the County's approval of Contract.

A cash deposit, or certified check, or Irrevocable Letter of Credit from a financial institution with a rating deemed acceptable by the County may be provided in lieu of the Performance and Payment Bonds, provided that the form, format, and terms of coverage are acceptable to the County. The terms of coverage of an Irrevocable Letter of Credit shall be substantially the same as that required of the Performance and Payment Bond(s), and the Letter of Credit shall be issued by an institution that offers security similar to that of a bonding company. In addition, the Letter of Credit shall fully comply with the County's requirements set forth in Palm Beach County PPM #CW-F-055, and the face of the Letter of Credit shall be in the format described in PPM #CW-F-055, the terms of which are incorporated herein by reference. In the event of any conflict between the terms of this RFP and PPM CW-F-055, the latter shall control.

Proposers interested in submitting a Letter of Credit in lieu of the Performance and Payment Bonds may obtain a copy of PPM #CW-F-055 from Lisa Inkell, Senior Buyer, Palm Beach County Purchasing Department, at 561-616-6808.

2.25 AUTHORIZED SIGNATURE

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

SECTION 3

PROPOSAL REQUIREMENTS

PROPOSAL FORMAT AND CONTENT:

Format

Proposer shall submit one (1) unbound original, seven (7) bound copies, and one (1) electronic copy in pdf (CD or flash drive) of the complete proposal. Proposals should be typed, double-spaced and submitted on 8 ½” x 11” size paper. Copies should be bound using a single method of fastening (e.g., stapled, binder, etc.). Proposals should include only brief and concise narrative. The enclosure of elaborate or unnecessary verbiage or promotional material is discouraged.

Table of Contents

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

Letter of Transmittal

Proposals should contain a Letter of Transmittal addressed to Lisa Inkell, Senior Buyer, and should, at a minimum, contain the following:

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

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

c. Name, title, address, telephone/fax numbers and e-mail address of contact person during period of proposal evaluation.

d. Signed by a person authorized to bind proposer to the terms of the proposal.

Technical Proposal

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

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

Notwithstanding these proposal requirements, the County reserves the right, at its sole discretion, to waive any minor irregularity relating to the proposal. Upon request, it shall be the responsibility of the proposer to address the determined minor irregularity within a time frame specified by the County (normally within two working days of request). Failure of a proposer to provide the required information within the specified time frame is considered sufficient cause to deem the proposal non-responsive.

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

3.1 EXPERIENCE / QUALIFICATIONS / BACKGROUND / REFERENCES

INFORMATION

3.1.1 Each proposer shall submit a detailed statement of their experience, qualifications, and background for providing:

a. designing of bus shelters, furnishing, installation and maintenance of new and existing shelters; and

b. the marketing, installation and maintenance of advertising material on shelters.

*3.1.2 Each proposer should submit a minimum of three (3) references, within the past five (5) years, demonstrating the successful provision of:

a. designing of bus shelters, furnishing, installation and maintenance of new and existing shelters; and

b. the marketing, installation and maintenance of advertising material on

Each reference should include the following:

a. Name of client company, contact names, addresses, e-mail address, telephone/fax numbers, dollar amount of contracts and dates of service.

b. Scope of Work, types of services performed and number of full-time staff provided.

c. Type of compensation provided (monthly, yearly, percentage of revenue or any combination thereof).

d. Average number of advertising customers per month.

3.2 PROJECT APPROACH / UNDERSTANDING INFORMATION

The proposer shall provide a detailed narrative description of its approach and methodology for implementing services required in Section 4 - Scope of Work/Services including, but not limited to, the following:

3.2.1 Overview of the project tasks to be performed.

3.2.2 County/Palm Tran resources that will be required to conduct the services.

3.2.3 A detailed bus shelter program that achieves the following objectives:

• Maximization of the amount of new bus shelters installed while adhering to all County, State and Federal laws and guidelines.

• Provision of 60-day transition plan for cleaning and maintenance of over

300 bus shelters and associated advertising contracts.

• Based on the County’s Desired Bus Shelter Installation/Replacement

Schedule in Section 4.4, proposer shall provide a guaranteed amount of new bus shelters to be installed per contract year at proposer’s cost by completing Appendix B.

• Retirement and/or replacement of aging bus shelters with new bus shelters, as determined by COUNTY.

• Installation of new bus shelters in new locations throughout the service area.

• Utilization of new and modern shelter designs to enhance the Palm Tran brand.

• Provide timely cleaning, maintenance and repair of all existing and new

• An aggressive and innovative business plan to increase advertising sales revenue.

3.2.4 Submit the details of multiple designs (a minimum of three (3)) of bus shelters (each with three (3) different sizes with and without advertising panels) that conform to the design criteria outlined in Section 4.5 of the Scope of Work/Services and Table 1.1 below.

Table 1.1 Size Definitions for Bus Shelter Design

Palm Tran will select up to three (3) different design options to use throughout the contract period. All proposed shelter designs must meet all federal and state requirements in Attachment F - Palm Tran Transit Design Manual. The selected shelter designs will be based on the overall quality and best value to Palm Tran.

3.2.5 A detailed statement on how proposer will accomplish the cleaning and maintenance of the shelters, including detailed information on the needed 24 hours a day, 7 days a week call center.

3.2.6 Timeline for performing the required services from start to completion, including the average timeframe for manufacturing and installation of bus

3.2.7 Optional Service. Smart Shelter Technology: Proposer may propose to furnish, install and maintain in a proper operational state smart shelter technology and components for the bus shelter designs required in Section

3.2.4 above including, but not limited to, the following:

• Proposer shall describe the smart technology planned for incorporation into the bus shelter program.

• Proposer shall state their ability and experience in installing, operating and maintaining smart bus shelter technology.

Depth in ft (allowing for 4 ft min. pedestrian clearance)

Size of Shelter Length (ft] Height (ft)

"Small1' 8 -14 1'-4 10' "Medium"' 10'-14 3'-5 10' "Large" 14'-24 5-7 10'

If County decides to implement this optional service, the smart shelter technology shall be included in the design of new bus shelter models and shall meet or exceed the requirements of Scope of Work/Services, Section 4.15.

3.3 KEY PERSONNEL AND OPERATIONS INFORMATION

The proposer shall provide:

3.3.1 An Organizational Chart identifying the structure of company.

3.3.2 A list of the key personnel (including those of major subcontractors) assigned to the project, and submit complete resumes detailing their experience, education, expertise, qualifications and knowledge of the project.

Note: After proposal submission, but prior to the award of any contract issued as a result of this RFP, the proposer has a continuing obligation to advise the County of any changes, intended or otherwise, to the key personnel identified in its proposal.

3.3.3 A description of the role of each staff member who will be responsible for handling and monitoring the Contract.

3.3.4 Identification of projects of similar nature in which each staff member has been involved.

3.3.5 The proposer shall include their “Corporate Advertising Policy”. This policy shall address the County’s desire to meet all legal requirements and meet the demands of the County when it comes to any disputes as to advertising content.

3.3.6 A statement of whether maintenance will be handled by the proposer or whether the proposer desires to subcontract the work. If proposing to subcontract this work, proposer must supply the name, address, telephone number, and email address of the proposed subcontractor(s), along with a resume of their maintenance experience. The County reserves the right to allow subcontracting of the maintenance work and to accept or reject any proposed subcontractor.

*3.4 FINANCIAL / BUSINESS STABILITY

Proposer should submit one of the following:

a. Balance sheets and income statements for the current fiscal year and prior two (2) fiscal years of operation, prepared in accordance with generally accepted accounting principles and compiled by an independent certified public accountant or notarized by the chief financial officer or owner; or

b. The company’s federal income tax returns for the previous three (3) years as completed and filed with the federal government. Sole proprietors should provide Schedule C from Form 1040 for the previous three (3) years.