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Hensel Phelps
Bid Contact Jason Hammond
jhammond@henselphelps.com
Ph 305-216 -2543
Address FORT LAUDERDALE, FL 33301
Bid Notes Original Bid Bond has been hand delivered to Broward County Purchasing Division office.
I tem # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs
PNC2115316P1--01-01 General Conditions Supplier
Product
Code:
First Offer - $50,880.00 1 / lump sum $50,880.00 Y Y
PNC2115316P1--01-02 Insurance and Performance
and Payment Guaranty
Supplier
Product
Code:
First Offer - $16,000.00 1 / lump sum $16,000.00 Y
PNC2115316P1--01-03 Mobilization Supplier
Product
Code:
First Offer - $30,000.00 1 / lump sum $30,000.00 Y
PNC2115316P1--01-04 Maintenance of Traffic Supplier
Product
Code:
First Offer - $10,000.00 1 / lump sum $10,000.00 Y
PNC2115316P1--01-05 Demo & Disposal of Existing
Sign, Power etc
Supplier
Product
Code:
First Offer - $42,000.00 1 / lump sum $42,000.00 Y
PNC2115316P1--01-06
Design/Architects/Engineering
Fees
Supplier
Product
Code:
First Offer - $60,000.00 1 / lump sum $60,000.00 Y
PNC2115316P1--01-07 Furnish and Install
Illuminated BC Logo Sign
Supplier
Product
Code:
First Offer - $68,000.00 1 / lump sum $68,000.00 Y
PNC2115316P1--01-08 Furnish and Install
Illuminated FLL Welcome Sign
Supplier
Product
Code:
First Offer - $326,000.00 1 / lump sum $326,000.00 Y
Bid Allowance $25,000.00
Supplier Total $602,880.00
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 1
55
66
Hensel Phelps
Item: General Conditions
Attachments
OESB CBE Form.pdf
Litigation History Response.pdf
Contract Exceptions.pdf
FLL Welcome Sign Proposal.docx
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 2
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 3
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 4
Material Cases Information Regarding Each Individual Case
See below material cases over the last
3 years that Hensel Phelps has been
involved in resolving.
Hensel Phelps has never filed bankruptcy nor has the company ever gone into receivership.
Hensel Phelps and its principals have never been involved in a crtiminal proceeding concerning
business-related offenses. The one incident where Hensel Phelps did not complete a
construction contract is detailed below.
Finally, as is customary throughout the construction industry, Hensel Phelps has, within the last
three (3) years, been involved in a small number of litigation matters relating to our
construction projects. Hensel Phelps works to avoid these situations and, when they do occur,
has a strong track record of employing mediation and/or negotiation to reach a prompt and
proactive resolution. Details as to each of these matters and the status/resolution is provided
below
Smart Corner Owners Association v.
CJUF Smart Corner, LLC, Smart Corner,
LLC, Canyon-Johnson Urban Fund, LP,
Canyon-Johnson Realty Advisors, LLC
and Hensel Phelps, Case 37-2017-
00037690
This action commenced in October of 2017 in San Diego County, California. The condo
association of the Smart Corner condominium project in San Diego, California sued Hensel
Phelps and the developer alleging construction defects and warranty issues. This project is
covered by an OCIP that assumed the defense on behalf of the named insureds. The matter is
currently in the early stages of litigation.
In Re Rotondo Weirich Enter. Inc.,
Bankr. No. 15-16146ELF/Avd. 17-
00161
This bankruptcy adversary proceeding was filed in the Eastern District of Pennsylvania in June
2017 and alleges non-payment for work performed at the Adelanto Detention Center in
Adelanto, California. The parties have been negotiating for two years regarding this claim and
have not been able to agree on the correct subcontract balance due to disputed change orders
and an offset due Hensel Phelps based on a loss incurred as a result of Debtor’s actions at
another project. The parties have agreed to mediate the claim.
EdR Austin v. Aero Automatic Sprinkler
Company and Hensel Phelps
This arbitration was filed on May 31, 2017 (a concurrent lawsuit was filed on the same date in
Texas District Court, but the lawsuit is stayed pending arbitration). Hensel Phelps filed a cross-
claim against Aero. EdR Austin and Hensel Phelps are seeking recoupment of damages from
Aero caused by defective fire sprinkler installed by Aero. The parties have agreed to mediate the
claim.
Flying E, LLC and Hopelessly Urban, LLC
v. Amstar/McKinley, LLC, Hensel
Phelps Construction Co. and Derby-RR,
LLC Case CV2017-004090
This case was filed on March 14, 2017 in state superior court in Phoenix, Arizona, against the
owner and Hensel Phelps by a neighbor seeking to block construction of a twenty-story
apartment building near downtown Phoenix. The plaintiff operates a bar in the adjacent lot
where the project is to be built. Plaintiff alleges that the project, once constructed, will
constitute a private nuisance and seeks an injunction preventing its construction. The owner
and Hensel Phelps maintain that plaintiff cannot make such a claim under Arizona law since no
harm has yet occurred. The court dismissed the injunction/nuisance claim. The rest of the
claims are proceeding through discovery.
Hensel Phelps v. Perdomo Industrial,
LLC
This arbitration was filed on February 27, 2017. Hensel Phelps is seeking recoupment of
acceleration costs and other damages caused by a demolition subcontractor, Perdomo
Industrial, LLC, on the Project. Hensel Phelps is prosecuting the claim against Perdomo and its
surety.
Continuing Life Communities Thousand
Oaks LLC v. Hensel Phelps Case No. 30-
2016-00885267-CU-BC-CJC
This action was filed on November 7, 2016. Continuing Life Communities Thousand Oaks, the
owner of the University Village Thousand Oaks retirement community, alleges that a
subcontractor, H.L. Moe, installed defective work. Hensel Phelps is defending on the basis that
the work was not defective.
Hae Kwang Co., LTD v. Hensel Phelps
Construction Co.
This action was filed on August 30, 2016 by a supplier to Hensel Phelps on a microchip plant
renovation constructed by Hensel Phelps for Intel Israel in Kiryat Gat, Israel. Plaintiff seeks
payment for an invoice that was already paid by Hensel Phelps. Plaintiff’s computer network
was infiltrated by a third party and the funds were redirected to the third party. The lawsuit
was filed in the Beer Sheva District Court in Tel Aviv, Israel.
Hensel Phelps Construction Co. v.
California Department of Corrections
and Rehabilitation
Hensel Phelps was awarded a contract to construct a new seismically compliant HVAC system
and central plant for the California Department of Corrections and Rehabilitation at the
Ironwood Prison. Hensel Phelps started work on the project. West Coast Contracting protested
the award of the contract to Hensel Phelps. The Superior Court in San Diego granted the protest
and nullified the award to Hensel Phelps. This action was filed on August 12, 2016 in Superior
Court in Los Angeles to recover the money spent to mobilize and start work on the project
before the Court nullified the contract.
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 5
Los Angeles Unified School District v.
Park West Landscape et al Case No.
BC612051
This action was filed in March of 2016 in the Superior Court in the County of Los Angeles in the
State of California. Los Angeles Unified School District claims that a subcontractor, Park West
Landscape, installed defective synthetic turf on a school field and that the manufacturer did not
honor its turf warranty. This project is covered by an OCIP. Hensel Phelps notified the OCIP
carrier of the claim and the case is in the early stages. Hensel Phelps is defending on the basis
that the synthetic turf is not defective.
Ferma Corporation vs. Hensel Phelps
Construction Co. Case CGC-16-550251
This case was filed in February of 2016 in the Superior Court in the County of San Francisco in
the State of California by Ferma Corporation against Hensel Phelps. Ferma alleged breach of
contract and sought to recover funds for alleged labor and materials provided on the San
Francisco International Airport project. Hensel Phelps maintained that the labor and work
performed were performed under Ferma's existing contractual obligations, with no additional
funds due and owing. The parties mediated in November 2016 and Hensel Phelps agreed to pay
Ferma $175,000.00 plus retention to settle the case.
L.E.C.E., Inc., dba Leading Edge
Consulting Engineers v. Hankins and
Anderson and Hensel Phelps Case
CIVDS1519176
This action was filed December 31, 2015 in the Superior Court of California County of San
Bernardino. Hensel Phelps was added as a party in March 2017. Leading Edge alleges
entitlement to its fee on certain design work it did not perform and that was actually done by
the designer of record on the Project. Hensel Phelps is defending on the basis that the work was
not part of Leading Edge’s scope. The design agreement requires arbitration of disputes. Hensel
Phelps filed a Motion to Compel Arbitration, which the Court granted on July 7, 2017. The
lawsuit against Hensel Phelps is stayed pending arbitration.
Lightning Protection Systems (VFC) v.
Hensel Phelps, Case No.: 01-15-0005-
1746
This arbitration was filed by a subcontractor in November of 2015 in Denver, Colorado, for
payment for alleged extra work as part of the Mountainview project at Buckley Air Force Base,
Aurora, Colorado. VFC contends that work for the grounding of the raised access floor was
added scope since it was not part of its proposal. Hensel Phelps disagreed, defending on the
grounds that the construction drawings depicted the grounding of the RAF and the subcontract
clearly required the grounding of all raised access floors. An arbitration was held in November-
December 2016. Despite finding that Hensel Phelps’s position was entirely justified under the
subcontract, the arbitrator opted to reform the subcontract to account for VFC’s mistake in its
bid and awarded VFC its costs, but denied any award of interest or fees.
Transworld Construction v. Hensel
Phelps Construction Case No. CGC -
15 549087
This case was filed in Superior Court of California, City and County of San Francisco in November
of 2015. Transworld Construction alleges they are owed money for labor and materials
provided on the San Francisco Airport project.
Hensel Phelps Construction Co. v.
Cooper Carry, Inc. Case No. 1:15-cv-
01961
This action was filed on November 5, 2015 in the United States District Court for the District of
Columbia to recover amounts Hensel Phelps spent to correct design defects at the Marriott
Marquis hotel project in Washington, D.C. The Marriott Marquis was a design-build project and
Cooper Carry was under contract directly with Hensel Phelps. Due to a series of defects in the
design documents prepared by Cooper Carry, Hensel Phelps incurred additional construction
costs of $8,500,000. The Court granted summary judgment in favor of Cooper Carry, ruling that
the statute of limitations expired prior to filing the lawsuit. Hensel Phelps has filed a notice of
appeal to the Circuit Court of Appeals for the D.C. Circuit. The Court of Appeals affirmed the
District Court.
Olivas Mechanical Corp. v. Hensel
Phelps, et. al., Case No.: BC593112
This case was filed in August of 2015 in the Superior Court of Los Angeles County, California, by
a terminated subcontractor on the LAUSD Central Region Elementary School #20 project. Olivas
Mechanical alleged that it was due money and that the replacement subcontractor provided by
its surety overcharged to finish the subcontract work. Hensel Phelps tendered the case to the
surety and replacement subcontractor for defense and indemnity. The parties mediated the
case. Olivas was paid $14,000.00 by the other defendants, with no contribution by Hensel
Phelps.
Stephens Pipe and Steel v. NEU
Security Services, LLC, Hensel Phelps,
Travelers Casualty and Surety Co. &
Liberty Mutual, Case No. 15-cv-61160
This action was filed in the District Court for the Southern District of Florida in June of 2015.
This Miller Act claim filed by a 2nd tier subcontractor sought to recover funds that allegedly
were not paid to a supplier for construction materials supplied on a Hensel Phelps project.
Stephens alleged that the first tier subcontractor, NEU Security, received fencing materials from
Stephens, but failed to pay for them. Stephens sought relief under the Hensel Phelps payment
bond. NEU Security agreed to defend and indemnify Hensel Phelps and its surety in this action.
This case settled in May 2016 under confidential terms without any contribution form Hensel
Phelps or its surety.
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 6
The Dallas/Fort Worth International
Airport v. Hensel Phelps, Case No. DC-
15-04833
This action was filed in April of 2015 in the District Court in Dallas County, Texas. DFW alleges
that paving work performed by a Hensel Phelps subcontractor on the DFW MSF project is not
draining properly and requires rework. The project was completed in approximately 2002. The
matter is in the early stages of discovery and investigation with the Owner Controlled Insurance
Program carrier taking the lead on behalf of all insureds.
The Dallas/Fort Worth International
Airport v. Hensel Phelps and KBR, Case
No. DC-15-04400
This action was filed in April of 2015 in the District Court in Dallas County, Texas. DFW alleges
that either design or construction defects are causing issues with concrete columns on the DFW
Guideway project completed in approximately 2002. The matter is in the early stages of
discovery and investigation with the Owner Controlled Insurance Program carrier taking the
lead on behalf of all insureds.
Hensel Phelps v. Liberty Mutual Case
No. 01-15-0003-2594
This arbitration matter was filed in April of 2015 by Hensel Phelps against Liberty Mutual
Insurance Company, as surety for Riggs Contracting, to recover costs incurred by Hensel Phelps
due to Riggs' default and abandonment of its subcontract work on the Tinker Air Force Base
Project in Oklahoma City, Oklahoma. Hensel Phelps completed Riggs' work and filed suit to
recover the costs incurred when the surety refused to reimburse Hensel Phelps for these costs.
This case was settled in mediation, with Liberty Mutual paying Hensel Phelps $750,000.00
Hensel Phelps v. Stonehard Case No.
2:15-cv-02653
This action was filed in March of 2015 in the County of Orange, Superior Court of California by
Hensel Phelps against Stonehard et al. This action was filed to recover costs incurred by Hensel
Phelps correcting installation of an epoxy coating in the Aquatics Lab at the UCI Natural
Sciences, Unit II Building lab. This case is still in the early stages of Discovery.
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 7
Term or Condition Article /
Section
Insert version of exception or specific proposed alternative
language
Provide brief justification for change
Article 8.2; Page 11 of 126 "or if Design-Builder shall fail to perform any material term set forth
in the Contract Documents or if Design-Builder shall become
insolvent or be declared bankrupt, or commit any act of bankruptcy
or insolvency, or shall make an assignment for the benefit of
creditors, or from any other cause whatsoever shall not carry on the
Work in an acceptable manner, or if contractor is placed on the
Scrutinized Companies with Activities in Sudan List..."
Hensel Phelps requests the language be
struck as shown. This statement is non-
specific which allows the County to
terminate contract for any reason.
GC-4 Hazardous Materials
and Differing Site
Conditions; 4.2.2
"shall, no later than 9:00 AM the next seven (7) business day after
their discovery, notify the Contract Administrator in writing of the
existence of the aforesaid conditions."
Hensel Phelps request 7 business days
to allow ample time to thoroughly
investigate the condition, determine
responsibility, severity of condition and
plan of action prior to reporting.
GC-6 Payment; 6.11 "…the annual rate of interest payable by County under this
Agreement, whether as prejudgement interest or for any other
purpose, shall be .025 0.25 percent simple interest
(uncompounded)."
The current interest rate for late
payments has an extremely low simple
interest rate. Hensel Phelps suggest the
simple interest (uncompounded) of
0.25 percent would be more
appropriate.
GC-7 Contract Time; 7.4 "Contractor, in addition to being is responsible to County for
Liquidated Damages for untimely performance, shall reimburse
County for all costs incurred by County to repair, restore, or
complete the Work and for all costs incurred in administering the
construction of the Project beyond the completion date specified
above, plus approved time extensions. All such costs shall be
deducted from the monies due Contractor for performance of Work
under this Contract. by means of unilateral credit change orders
issued by County as costs are incurred by County as costs are
incurred by County."
Hensel Phelps requests the language be
struck as shown. Design-Builder is
typically liable for either liquated
damages or actual damages, but not
both. Hensel Phelps requests liquated
damages be enforced for untimely
performance.
GC-8 Changes to Contract
Price and Time; 8.15.1
Any claim for a change in the Contract Price shall be made by
written notice delivered by Design-Builder to the Contract
Administrator with a copy Consultant, within two (2) seven (7)
calendar days of the commenment of the event giving rise to the
claim for a change in the Contract Price, and stating the general
nature of the change.
Hensel Phelps request 7 business days
to allow ample time to throughly
investigate the condition, determine
responsibility, severity of condition and
plan of action prior to reporting.
GC-8 Changes to Contract
Price and Time; 8.15.2
"Within ten (10) thirty (30) calendar days of the termination of the
event giving rise to the claim, the Design-Builder shall provide a
detailed written description of the extent of the claim with
supporting data to the Contract Administrator…"
Time periods are too short and do not
allow enough to time to investigate,
collect pricing & put together a
comprehensive proposal. Hensel
Phelps requests 30 calendar days.
GC-8 Changes to Contract
Price and Time; 8.17.2
"Further, any claim for additional Contract Time must show that the
Design-Builder was prevented from performing at least 50% of the
activity for three consecutive days."
Hensel Phelps requests striking this
clause entirely. Any critical activity
delayed at no fault of the Design-
Builder stands as a delay regardless of
the percentage of the activity affected.
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 8
GC-9 Delays; 9.1 "No Damages for Delay: No claim for damages or any claim, other
than for an extension of time, shall be made or asserted against
County by reason of any delays. Design-Builder shall not be entitled
to an increase in the Contract Price or payment or compensation of
any kind from County for direct, indirect, consequential, impact or
other costs, expenses or damages, including, but not limited to,
costs of acceleration or inefficeincy, arising because of Force
Majeure Events, delay, disruption, interference or hindrance from
any cause whasoever, whether such Force Majeure Events(s), delay,
disruption, interference or hindrance be reasonable or
unreasonbale, forseeable or unforeseeable, or avoidable or
unavoidable; provided, however, that this provision shall not
preclude recovery of damages by Design-Builder for hindrances or
delays due solely t ofraud, bad fatith or active interference, not
merely negligence, on the part of County or its agents. Otherwise,
Design-Builder shall be entitled only to extensions of the Contract
Time as the sole and exclusive remedy for such resulting delay, in
accordance with and to the extent specivically provided above."
Hensel Phelps requests this paragraph
be struck in its entirety. Any delay not
created by the Design-Builder that may
cause Design-Builder to incur additional
costs associated with the delay should
be compensated by the County for
additional costs incurred. Also,
language is this same paragraph is
contradictive to with paragraph located
in 9.2.2.1 which allows damages for
delay.
GC-9 Delays; 9.2.2.1 "Compensable Excusable Delay . Excusable Delay is only
compensable when (i) the Delay extends the Contract Time and, (ii)
is due solely to fraud, bad faith or active interference, not merely
negligence, on the part of County, or its Consultant, and (iii) The
Delay is not concurrent with a Non-Compensable Delay. In no event
shall Design-Builder be compensated for delays which do not extend
the Contract Time. Design-Builder shall be entitle to liquated
indirect costs for Compensable Excusable Delay. County and Design-
Builder recognize and agree that the amount of Design-Builder's
precise actual indirect costs for delay in the performance and
completion of the Work is impossible to determine as of the date of
execution of the Contract Documents, and that proof of the precise
amount will be difficdult. Therefore, indirect costs recoverable by
the Design-Builder shall be liquated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay.
These liquidated indirect costs shall be paid to compensate Design-
Builder for all indirect costs caused by a compensable Excusable
Delay and shall include, but not be limite to, all profit on indirect
costs, home office overhead, acceleration, loss of earnings, loss of
productivity, loss of bonding capacity, losss of opportunity and all
other indirect costs recoverable shall be based on documented
actual incurred costs One Hunderd Fourty Four Dollars and Forty-
four cents ($144.44) per day for each day the Contract is delayed
due to a Compensable Excusable Delay."
Hensel Phelps requests striking the
language as shown and replaced with
documented actual incurred costs. The
daily rate of $144.44 is unreasonably
low daily rate for any contract.
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 9
Bid #: PNC2115316P1
Bid Due Date: 2/7/2018
2018
FLL Welcome Sign and Broward County Logo Sign
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 10
Page | 2
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 11
Page | 3
TABLE OF CONTENTS
A. Responsiveness Criteria……………………………………………………………………Page 4
1. Lobbyist Registration Requirement Certification
2. Addenda
B. Responsibility Criteria………………………………………………………………………Page 4
1. Litigation History
2. Financial Information
3. Authority to Conduct Business in Florida
4. Affiliated Entities of the Principal(s)
5. Insurance Requirements
C. Additional Information and Certifications……………………………………………….Page 52
1. Vendor Questionnaire
2. Standard Certifications
3. Subcontractors/Subconsultants/Suppliers Requirement
D. Standard Agreement Language Requirements…………………………………………Page 52
E. Evaluation Criteria……………………………………………………………………………Page 55
1. Ability of Professional Personnel
2. Project Approach
3. Past Performance
4. Workload of the Firm
5. Location
6. Pricing
F. Appendices……………………………………………………………………………………Page 117
1. Copy of Executed Bid Bond
2. CPM Project Schedule
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 12
Page | 4
A. Responsiveness Criteria
1. Lobbyist Registration Requirement Certification
Hensel Phelps has completed and submitted appropriate form via BidSync website.
2. Addenda
Hensel Phelps has reviewed and acknowledged the issuance of the following addenda below:
a.) Addendum #1: FORM GC-3 Statement of Compliance
b.) Addendum #2: New Bid End Date of February 2, 2018, 5pm EST; New Q&A End Date of
January 24, 2018, 5pm EST
c.) Addendum #3: New Bid End Date of February 7, 2018, 5pm EST; Removed RLI – RFP -RFQ
Local Vendor Certification Form; Replaced with RFP – RLI – RFQ Local
Preference – Tiebreaker Certification
B. Responsibility Criteria
1. Litigation History
List of Material Cases Information / Details Regarding Each Individual Case
See below material cases that Hensel Phelps has been involved in the past 3 years.
Hensel Phelps has never filed bankruptcy nor has the company ever gone into receivership. Hensel Phelps and its principals have never been involved in a criminal proceeding concerning business-related offenses. The one incident where Hensel Phelps did not complete a construction contract is detailed below. Finally, as is customary throughout the construction industry, Hensel Phelps has, within the last three (3) years, been involved in a small number of litigation matters relating to our construction projects. Hensel Phelps works to avoid these situations and, when they do occur, has a strong track record of employing mediation and/or negotiation to reach a prompt and proactive resolution. Details as to each of these matters and the status/resolution is provided below
Smart Corner Owners Association v. CJUF Smart Corner, LLC, Smart Corner, LLC, Canyon-Johnson Urban Fund, LP, Canyon-Johnson Realty Advisors, LLC and Hensel Phelps, Case 37-2017-00037690
This action commenced in October of 2017 in San Diego County, California. The condo association of the Smart Corner condominium project in San Diego, California sued Hensel Phelps and the developer alleging construction defects and warranty issues. This project is covered by an OCIP that assumed the defense on behalf of the named insureds. The matter is currently in the early stages of litigation.
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 13
Page | 5
In Re Rotondo Weirich Enter. Inc., Bankr. No. 15-16146ELF/Avd. 17-00161
This bankruptcy adversary proceeding was filed in the Eastern District of Pennsylvania in June 2017 and alleges non-payment for work performed at the Adelanto Detention Center in Adelanto, California. The parties have been negotiating for two years regarding this claim and have not been able to agree on the correct subcontract balance due to disputed change orders and an offset due Hensel Phelps based on a loss incurred as a result of Debtor’s actions at another project. The parties have agreed to mediate the claim.
EdR Austin v. Aero Automatic Sprinkler Company and Hensel Phelps
This arbitration was filed on May 31, 2017 (a concurrent lawsuit was filed on the same date in Texas District Court, but the lawsuit is stayed pending arbitration). Hensel Phelps filed a cross-claim against Aero. EdR Austin and Hensel Phelps are seeking recoupment of damages from Aero caused by defective fire sprinkler installed by Aero. The parties have agreed to mediate the claim.
Flying E, LLC and Hopelessly Urban, LLC v. Amstar/McKinley, LLC, Hensel Phelps Construction Co. and Derby-RR, LLC Case CV2017-004090
This case was filed on March 14, 2017 in state superior court in Phoenix, Arizona, against the owner and Hensel Phelps by a neighbor seeking to block construction of a twenty-story apartment building near downtown Phoenix. The plaintiff operates a bar in the adjacent lot where the project is to be built. Plaintiff alleges that the project, once constructed, will constitute a private nuisance and seeks an injunction preventing its construction. The owner and Hensel Phelps maintain that plaintiff cannot make such a claim under Arizona law since no harm has yet occurred. The court dismissed the injunction/nuisance claim. The rest of the claims are proceeding through discovery.
Hensel Phelps v. Perdomo Industrial, LLC
This arbitration was filed on February 27, 2017. Hensel Phelps is seeking recoupment of acceleration costs and other damages caused by a demolition subcontractor, Perdomo Industrial, LLC, on the Project. Hensel Phelps is prosecuting the claim against Perdomo and its surety.
Continuing Life Communities Thousand Oaks LLC v. Hensel Phelps Case No. 30-2016-00885267-CU-BC-CJC
This action was filed on November 7, 2016. Continuing Life Communities Thousand Oaks, the owner of the University Village Thousand Oaks retirement community, alleges that a subcontractor, H.L. Moe, installed defective work. Hensel Phelps is defending on the basis that the work was not defective.
Hae Kwang Co., LTD v. Hensel Phelps Construction Co.
This action was filed on August 30, 2016 by a supplier to Hensel Phelps on a microchip plant renovation constructed by Hensel Phelps for Intel Israel in Kiryat Gat, Israel. Plaintiff seeks payment for an invoice that was already paid by Hensel Phelps. Plaintiff’s computer network was infiltrated by a third party and the funds were redirected to the third party. The lawsuit was filed in the Beer Sheva District Court in Tel Aviv, Israel.
Hensel Phelps Construction Co. v. California Department of Corrections and Rehabilitation
Hensel Phelps was awarded a contract to construct a new seismically compliant HVAC system and central plant for the California Department of Corrections and Rehabilitation at the Ironwood Prison. Hensel Phelps started work on the project. West Coast Contracting protested the award of the contract to Hensel Phelps. The Superior Court in San Diego granted the protest and nullified the award to Hensel Phelps. This action was filed on August 12, 2016 in Superior
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 14
Page | 6
Court in Los Angeles to recover the money spent to mobilize and start work on the project before the Court nullified the contract.
Los Angeles Unified School District v. Park West Landscape et al Case No. BC612051
This action was filed in March of 2016 in the Superior Court in the County of Los Angeles in the State of California. Los Angeles Unified School District claims that a subcontractor, Park West Landscape, installed defective synthetic turf on a school field and that the manufacturer did not honor its turf warranty. This project is covered by an OCIP. Hensel Phelps notified the OCIP carrier of the claim and the case is in the early stages. Hensel Phelps is defending on the basis that the synthetic turf is not defective.
Ferma Corporation vs. Hensel Phelps Construction Co. Case CGC-16-550251
This case was filed in February of 2016 in the Superior Court in the County of San Francisco in the State of California by Ferma Corporation against Hensel Phelps. Ferma alleged breach of contract and sought to recover funds for alleged labor and materials provided on the San Francisco International Airport project. Hensel Phelps maintained that the labor and work performed were performed under Ferma's existing contractual obligations, with no additional funds due and owing. The parties mediated in November 2016 and Hensel Phelps agreed to pay Ferma $175,000.00 plus retention to settle the case.
L.E.C.E., Inc., dba Leading Edge Consulting Engineers v. Hankins and Anderson and Hensel Phelps Case CIVDS1519176
This action was filed December 31, 2015 in the Superior Court of California County of San Bernardino. Hensel Phelps was added as a party in March 2017. Leading Edge alleges entitlement to its fee on certain design work it did not perform and that was actually done by the designer of record on the Project. Hensel Phelps is defending on the basis that the work was not part of Leading Edge’s scope. The design agreement requires arbitration of disputes. Hensel Phelps filed a Motion to Compel Arbitration, which the Court granted on July 7, 2017. The lawsuit against Hensel Phelps is stayed pending arbitration.
Lightning Protection Systems (VFC) v. Hensel Phelps, Case No.: 01-15-0005-1746
This arbitration was filed by a subcontractor in November of 2015 in Denver, Colorado, for payment for alleged extra work as part of the Mountainview project at Buckley Air Force Base, Aurora, Colorado. VFC contends that work for the grounding of the raised access floor was added scope since it was not part of its proposal. Hensel Phelps disagreed, defending on the grounds that the construction drawings depicted the grounding of the RAF and the subcontract clearly required the grounding of all raised access floors. An arbitration was held in November-December 2016. Despite finding that Hensel Phelps’s position was entirely justified under the subcontract, the arbitrator opted to reform the subcontract to account for VFC’s mistake in its bid and awarded VFC its costs, but denied any award of interest or fees.
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Transworld Construction v. Hensel Phelps Construction Case No. CGC - 15 549087
This case was filed in Superior Court of California, City and County of San Francisco in November of 2015. Transworld Construction alleges they are owed money for labor and materials provided on the San Francisco Airport project.
Hensel Phelps Construction Co. v. Cooper Carry, Inc. Case No. 1:15-cv-01961
This action was filed on November 5, 2015 in the United States District Court for the District of Columbia to recover amounts Hensel Phelps spent to correct design defects at the Marriott Marquis hotel project in Washington, D.C. The Marriott Marquis was a design-build project and Cooper Carry was under contract directly with Hensel Phelps. Due to a series of defects in the design documents prepared by Cooper Carry, Hensel Phelps incurred additional construction costs of $8,500,000. The Court granted summary judgment in favor of Cooper Carry, ruling that the statute of limitations expired prior to filing the lawsuit. Hensel Phelps has filed a notice of appeal to the Circuit Court of Appeals for the D.C. Circuit. The Court of Appeals affirmed the District Court.
Olivas Mechanical Corp. v. Hensel Phelps, et. al., Case No.: BC593112
This case was filed in August of 2015 in the Superior Court of Los Angeles County, California, by a terminated subcontractor on the LAUSD Central Region Elementary School #20 project. Olivas Mechanical alleged that it was due money and that the replacement subcontractor provided by its surety overcharged to finish the subcontract work. Hensel Phelps tendered the case to the surety and replacement subcontractor for defense and indemnity. The parties mediated the case. Olivas was paid $14,000.00 by the other defendants, with no contribution by Hensel Phelps.
Stephens Pipe and Steel v. NEU Security Services, LLC, Hensel Phelps, Travelers Casualty and Surety Co. & Liberty Mutual, Case No. 15-cv-61160
This action was filed in the District Court for the Southern District of Florida in June of 2015. This Miller Act claim filed by a 2nd tier subcontractor sought to recover funds that allegedly were not paid to a supplier for construction materials supplied on a Hensel Phelps project. Stephens alleged that the first-tier subcontractor, NEU Security, received fencing materials from Stephens, but failed to pay for them. Stephens sought relief under the Hensel Phelps payment bond. NEU Security agreed to defend and indemnify Hensel Phelps and its surety in this action. This case settled in May 2016 under confidential terms without any contribution form Hensel Phelps or its surety.
The Dallas/Fort Worth International Airport v. Hensel Phelps, Case No. DC-15-04833
This action was filed in April of 2015 in the District Court in Dallas County, Texas. DFW alleges that paving work performed by a Hensel Phelps subcontractor on the DFW MSF project is not draining properly and requires rework. The project was completed in approximately 2002. The matter is in the early stages of discovery and investigation with the Owner Controlled Insurance Program carrier taking the lead on behalf of all insureds.
The Dallas/Fort Worth International Airport v. Hensel Phelps and KBR, Case No. DC-15-04400
This action was filed in April of 2015 in the District Court in Dallas County, Texas. DFW alleges that either design or construction defects are causing issues with concrete columns on the DFW Guideway project completed in approximately 2002. The matter is in the early stages of discovery and investigation with the Owner Controlled Insurance Program carrier taking the lead on behalf of all insureds.
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3. Authority to Conduct Business in Florida
State of Florida General Contractors License:
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Broward County Local Business Tax Receipt:
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4. Affiliated Entities of the Principal(s)
Hensel Phelps has completed and submitted appropriate form via BidSync website.
5. Insurance Requirements
See following Certificate of Insurance carried by Hensel Phelps for Broward County:
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C. Additional Information and Certifications
1. Vendor Questionnaire
Hensel Phelps has completed and submitted appropriate form(s) via BidSync.
2. Standard Certifications
Hensel Phelps has completed and submitted appropriate form(s) via BidSync.
3. Subcontractors/Subconsultants/Suppliers Requirement
Hensel Phelps has completed and submitted appropriate form(s) via BidSync.
D. Standard Agreement Language Requirements
Please reference below exceptions to standard agreement. In addition, Hensel Phelps has completed
and submitted appropriate form(s) via BidSync.
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E. Evaluation Criteria
1.) Ability of Professional Personnel: Describe the qualifications and relevant experience of the Project Manager and
all key staff that are intended to be assigned to this project. Include resumes for the Project Manager and all key staff
described. Include the qualifications and relevant experience of all subconsultants’ key staff to be assigned to this
project.
Hensel Phelps has assembled a team of most highly qualified design and construction professionals in the industry to
deliver this project to Broward County Aviation Department. Please reference Design-Build Team organizational chart
shown below to understand how our team is structured and organized to guarantee success of the FLL Welcome Sign
and Broward County Logo Sign project.
DESIGN BUILD TEAM ORGANIZATIONAL CHART
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Richard Cohen in his role as Operations Manager is responsible for all South Florida
operations and has been with Hensel Phelps for nearly 24 years, 11 of those years as a
Project Executive. Richard will be responsible to Broward County for providing leadership
and vision crucial to the project’s successful execution. He will ensure that all budgetary
and quality goals are met through thorough financial planning and cost evaluations,
comprehensive schedule management, appropriate resource planning, and oversight of
quality assurance measures. Throughout his 24 years with Hensel Phelps, he has gained
extensive experience providing preconstruction services and feasibility studies for
Northern Virginia’s DASH William B. Hurd Maintenance and Operations Administration
project, as well as on local preconstruction experience for Baptist Health in Miami and GEO
Group Headquarters in Boca Raton.
Callie Hepler, Hensel Phelps Design-Build Project Manager has over 9 years of commercial
construction experience and extensive experience working on several airport projects such
as OIA Automated People Mover Complex and OIA Airside 4 Renovation & Wing Expansion.
As Design-Build Project Manager, Callie will oversee the coordination and communication
of design-related activities between the architectural, engineering, estimating, and
operations team and functions as the single point of contact for Hensel Phelps with
Broward County Aviation Department during the design and construction phase of the
project. She will coordinate and communicate with the team regarding all design
requirements and program modifications. Callie will lead the Hensel Phelps Design-Build
team through value engineering studies, constructability reviews and design presentations
with the stakeholders. She brings a wealth of experience on a multitude of project types
and is knowledgeable on the building and zoning codes, production of design contract
documents and construction-related activities.
Jerry Foland, President of Baron Sign Manufacturing will serve as Sr. Project Manager for
this project. Mr. Foland has extensive experience in the fabrication & installation of large
& unique signs for the past 35 years in South Florida including signage projects for Miami
International Airport, Ft. Lauderdale International Airport and Orlando International
Airport. As Sr. Project Manager, Jerry will be responsible for managing project deliverables
such as RFI’s, submittals, schedule updates and payment applications in addition to
fabrication and quality control of each sign element to ensure each meets the county
approved submittals and specifications. He will also communicate daily with Project
Superintendent, Preston Fain, to ensure site logistics and deliveries are planned well in
advanced to support timely installation of signage per the approved project schedule.
Chad Thompson, General Superintendent, has over 20 years in the commercial
construction industry, 17 with Hensel Phelps which has allowed him to become an expert
in field operations in Airport expansion projects such as South Terminal Expansion and
Concourse J at Miami International Airport. He is highly skilled at understanding the
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logistical challenges at working in an operational airport. His experience will help guide Project Superintendent Preston
Fain with logistical site planning and scheduling of daily operations on this project.
Preston Fain, Production Manager with Baron Sign Manufacturing will serve as Project Superintendent for this project.
Mr. Fain has over 21 years of sign installation experience and will be directly responsible for the project planning, site
logistics, coordination and installation of new signage. He will maintain and track necessary milestones to ensure on-
time delivery and installation of the completed product. In addition to his capacity as Project Superintendent, he is also
responsible for all safety and quality requirements for the project. Preston delivers regularly scheduled “Toolbox Talks,”
trains staff on up-to-date safety procedures, and ensures final installed products meet high quality standards set forth
by the design documents and approved shop drawings.
David Rosenof, President of Big Dog Construction Services, has over 35 years of construction experience and more than
$1 Billion in project experience. Mr. Rosenof has worked in more than a dozen market sectors including commercial,
public assembly, government, education, multi-family, office, retail, hospitality and the list goes on. David prides himself
on an ability to anticipated and solve complex situations and deal with unanticipated circumstances. Mr. Rosenof’s
company, Big Dog Construction Services retains several classifications such as CBE, SBE, LEED and Lead/EPA and is
currently working on projects located at Fort Lauderdale / Hollywood International airport.
Alex de Armas, Hensel Phelps Senior Estimator has over 16 years in estimating & pre-construction experience for a total
of over $1.6 Billion in projects. Some of his projects consist of Miami Inter Model Car Rental Center, Triptych Hotel
located in Miami & University of Miami Health Lennar Medical Center. He is experienced in all aspects of procurement
such as hard bid, conceptual, and design-build projects as well as pre-construction cost controls involving cost
estimating, cost analysis, and value engineering.
Steven Feller P.E., founded Steven Feller P.E. LLC in 1979 as a highly experienced and thoroughly trained firm to provide
quality HVAC, Electrical, Plumbing, Fire Sprinkler, Life Safety Systems Design, Peer Review, Green Building Design as well
as Forensic Investigative Services for any type and size project. His expertise consists of new construction projects as
well as retrofit and reuse of existing and historic buildings. Steve and his company have design & engineered several
airport projects such as the Consolidated Rental Car Facility at Ft. Lauderdale/Hollywood International, Atlanta
Huntsdale Airport, and Miami International Airport along with engineering work at several other airports throughout the
South East United States.
Robert Molina, PE, Lead Electrical PE for the project possesses a Bachelor of Science in Electrical Engineering from
Florida International University along with a Professional Engineering license and has 12 years of experience in the
electrical field, 6 of them being involved in electrical engineering of various projects throughout South Florida.
Christian Langley, Principal-in-charge for Easy Seals Engineering is a registered PE and has over 16 years of structural
engineering experience in South Florida with the last 7 years of experience consisting of engineering for exterior sign
installations in the tri-county area.
The following resumes formulating Hensel Phelps Design-Build team identify the most experienced local
design firms and subcontractors with qualifications that are unparalleled in the industry:
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1.1) Describe Vendor’s knowledge and proficiency in Federal Aviation Administration Airport Advisory
Circulars.
As an organization, Hensel Phelps has extensive experience and knowledge in Federal Aviation Administration
regulations and requirements when working at or near airports. Any tall equipment such as the mobile crane that will
be utilized to complete the scope of work associated with this project will be closely coordinated with the Airport to
ensure there is no impact to the Federal Aviation Administration or airport operations. Upon award of the project,
Hensel Phelps will start the crane permit application process and work closely with Federal Aviation Administration
during design to obtain a crane permit prior to installation of the FLL Welcome Sign and Broward County Logo Sign.
History has shown that focusing on these areas will minimize the likelihood of a construction related impact to the
Airport. Hensel Phelps’ experience and dedication to closely working with Airport Operations staff, airlines, and other
airport stakeholders will result in a safe project with minimal airport disruption.
1.2) Explain experience, skills, training, licenses held by the Vendor (prime and all sub-consultants): such as
but not limited to: a licensed State of Florida Engineer and Architect. Identify Structural Engineer, Electrical
Engineer, and Certified General Contractor.
Hensel Phelps is an employee owned privately held corporation with over 3,000 employees across the country
Completing more than 179 Design-Build projects worth over $16.5 Billion in the last decade, our employees are the
most experienced qualified design-build professionals in the industry. Hensel Phelps is continuously recognized as a
national leader in the design-build delivery method and has won 42 awards from the Design-Build Institute of America
(DBIA). These projects include Benjamin P. Grogan and Jerry L. Dove Federal Building in Miramar that won the DBIA
Project of the Year and the AGC Build America Award as well as 16 other awards for excellence in design and
construction.
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Hensel Phelps has been in operation for over 80 years and holds a General Contractor’s License in many of the states
across the United States including the State of Florida. As an organization, we have completed over 200 aviation
projects since 1971 and are currently working on 17 aviation projects across the United States through 2021. Hensel
Phelps is currently rated #1 Airport Contractor in the United States by Engineering News Record and Building + Design
Construction. As an organization, Hensel Phelps understands the effort it requires to efficiently and effectively Design-
Build a project of any size and complexity. There is no project too complex or difficult for Hensel Phelps to take on and
complete on time, with-in budget and exceed the client’s expectations.
Baron Sign Manufacturing is the only signage designer, fabricator & installer in the region with both the experienced
personnel and relevant project experience capable of constructing and delivering this project alongside Hensel Phelps.
Therefore, Hensel Phelps and Baron Sign Manufacturing have formed an exclusive teaming agreement joining our forces
to bring a combination of unparalleled resources to ensure success on the FLL Welcome Sign & Broward County Logo
Sign project.
Baron Sign Manufacturing has been in the signage business since 1983, employs over 50 highly skilled personnel and
operates in a 40,000 square foot UL Listed facility located in Riviera Beach providing custom signage services to Florida
clientele. Baron holds a state registered electrical sign contractor’s license which allows their organization to
fabricate and install electrically integrated signage turn key. Baron Sign Manufacturing superior design capabilities and
extensive knowledge of fabrication and installation in residential and commercial projects makes them the top choice
for airports, hospitals, retail facilities, hotels, marinas, municipalities, developers and financial institutions. Baron also
provides name branding, way finding (directions) and other important information for businesses.
Baron realizes the most important factor in choosing exterior signs is their durability. Outdoor conditions vary from
temperature change to sun exposure and other weather elements such as moisture. Baron Sign Manufacturing
considers these factors and how they affect exterior signs. Baron takes this information one step further in considering
how the sign itself will affect the environment it is placed in. This is the primary reason Baron utilizes sustainable sign
building techniques to fabricate signs that are durable and weather resistant as well as offer a limited impact on the
environment for a green approach.
Exterior signs from Baron Sign Manufacturing are created from high quality materials. Baron Sign Manufacturing can
design, fabricate and install custom exterior signs that are manufactured to the client's specific requirements. This
includes size, color, shape, illumination. Through the use of cutting edge technology Baron Sign Manufacturing can meet
precise specifications and requirements by using computerized, state of the art routers, shears, letter benders and break
form machines, in order to provide clients with cost savings and operational efficiency.
Big Dog Construction Services located in Coconut Creek has been in operation since 2012 and is a local Broward
County Business Enterprise (CBE) currently working at FLL Terminal One Modernization program. Big Dog is a
multifaceted General Contractor led by President, David Rosenof who specializes in commercial, residential, restoration,
subcontracting & consulting services in the tri-county area. Hensel Phelps & Big Dog have formed an exclusive teaming
agreement to provide construction services for the FLL Welcome Sign & Broward County Logo Sign project.
Steven Feller, P.E., LLC has over 38 years of experience and hold professional engineers licensing specializing in several
disciplines such as HVAC, electrical, plumbing, fire protection & life safety. Feller is a mid-size firm with an engineering
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staff of 60 qualified engineers, designers, draftsmen, and administrative personnel. This allows Steven Feller P.E., LLC’s
associates, officers and principals to provide personal attention to our client’s needs, assure that all the project
requirements are met without over or under design, and that they are within the agreed budget. Steven Feller’s resume
consists of high rise office buildings, condominiums and hotels to large single-family homes, regional malls, industrial
warehouses, airports, municipal and Federal facilities, and sports arenas. Locally in the airport sector, Steven Feller has
been responsible for the MEP design and engineering of the Consolidated Rental Car Facility at Ft. Lauderdale /
Hollywood International Airport and Miami International Airport in addition to the Aviation Hanger and Taxi / Apron
Lighting at Ft. Lauderdale Executive Airport.
Steven Feller’s commitment to the team concept requires that the mechanical and electrical engineering elements of a
project support the architectural and interior design concepts which have been approved by the client. As engineers,
Steven Feller looks for inventive methods and solutions to maintain the integrity of the design, comply with codes and
meet expected probable construction costs.
Easy Seals Engineering holds a Professional Engineers license and has been structurally engineering an array of
different types of signs throughout South Florida for the last 7 years. In addition to providing structural engineering
for exterior & interior signage, Easy Seals Engineering also provides wind loads for window/door/shutter installations.
Easy Seals Engineering & Baron Sign Manufacturing have worked hand in hand over the years on approximately 100
signage projects throughout South Florida totaling in value of $12 Million.
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2.) Project Approach: Describe the prime Vendor’s approach to the project. Include how the prime vendor
will use subconsultants in the project. 2.1) Explain the work to be performed by the prime vendor’s existing
team (“in-house”), identify services to be performed as outsourced, and the percentage of the project to be
completed by the prime and outsourced entities respectively.
Hensel Phelps Design-Build team approached the development of the design, construction planning and price proposal
through the establishment and implementation of key guiding principles. These guiding principles include the following:
Design an iconic FLL Welcome Sign that meets the County’s expectations
Fabricate with innovative structural materials that will meet the 20-year life expectancy
Incorporate into design seams that are non-visible from the roadway below
Utilize quality paint materials that will prevent fading, deterioration or discoloration for
a minimum of 10 years
IN-HOUSE TEAM
The Hensel Phelps in-house team consists of Richard Cohen (Operations Manager), Chad Thompson (General
Superintendent), Callie Hepler (Design-Build Project Manager), and Alex de Armas (Senior Estimator). Richard, Chad &
Alex will be fulfilling supporting roles providing necessary support to Callie throughout the project. Callie Hepler will be
directly involved with design process, permitting, & installation of the new signs. She will be the single point of contact
for the project and will provide oversight of daily operations including the following:
Manages entire Design-Build Team
Leads weekly Design Meetings
Ensures design progress tracks within original budget
Manages contract deliverables & ensures on-time submission
Submission of CD Package / Attainment of Permitted Drawings
Oversees cost management of the Project from Award to Final Completion
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TEAM MEMBERS (SUBCONTRACTED WORK)
Jerry Foland, Sr. Project Manager, Hensel Phelps exclusive team member will be representing Baron Sign Manufacturing
and will work closely with Callie Hepler during the design & construction phase of the project. Jerry will work hand-in-
hand with Callie on day-to-day operations including design coordination, owner deliverables, permitting, fabrication &
delivery schedules.
Preston Fain, Project Superintendent for the project will be representing Baron Sign Manufacturing and will be
responsible for daily planning, site logistics and schedule coordination of all activities that take place onsite. Chad
Thompson, Hensel Phelps General Superintendent will support Preston in his role by ensuring daily field operations are
well planned, vetted, and executed the Hensel Phelps Way.
The structural engineering of both the FLL Welcome Sign & Broward County Logo Sign will be the responsibility of Easy
Seals Engineering with design assistance from Baron Sign Manufacturing who will also be responsible for fabrication and
installation of the two signs. The electrical engineering required for both signs will be the responsibility of Steven Feller
P.E. LLC Engineering. Installation of the electrical scope will be performed by Ion Electric. Removal & disposal of existing
signage and electrical along with patching of existing holes in precast will be performed by Big Dog Construction Services
(CBE Certified). Big Dog Construction Services will also be responsible for providing hoisting and access to allow
installation of new signage. Hensel Phelps will be completing approximately 22% of the project scope while the
remaining 78% of the work will be subcontracted.
2.2) Explain Vendor’s approach to permitting services and project management services.
Hensel Phelps Design-Build Project Manager, Callie Hepler will coordinate the permitting process with our team to
ensure 100% Construction Documents are thorough and complete prior to submission to the County to ensure approval
the first submission. Once the construction documents have been submitted to the County and they have had sufficient
time to review, Hensel Phelps Design-Build team will work closely with Broward County Building Department by
requesting a meeting to review and address any comments the departments may have regarding the submission.
Hensel Phelps will revise documents per Building Department comments and set up another meeting prior to re-
submission to ensure all comments were addressed. Hensel Phelps will continue to coordinate and follow up with
building department until permit set of documents have been approved. Upon issuance of building permit, Callie Hepler
will continue to coordinate daily operations with Sr. Project Manager, Jerry Foland. Callie & Jerry will work in tandem
throughout the duration of the project until all inspections have passed, punch items have been corrected and accepted
by the client and close-out of all permits has taken place. Callie will ensure all required close-out documents are
submitted and acceptable to the County per the timeframe set forth in the contract documents.
2.3) Explain site assessment approach, including evaluation of existing structure.
The site has been visited multiple times prior to bid submission to create a viable site logistics & construction sequence
plan. Our approach is to minimize the impact to the existing airport and its guests by all means necessary. The plan is to
remove the existing signage & patch existing holes from an articulating boom lift during daylight hours while flagging off
the area below. The area flagged off below will not impede or affect rental car traffic flow into the existing garage. The
existing signage will be disposed of via onsite dumpsters and hauled off accordingly. Just prior to delivery of approved
signage, a mobile crane will be set up just east of cell lot entrance. Signage materials will be off loaded into grass area
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opposite of crane and temporarily staged. Hoisting and installation of new signage will resume during night time hours
(non-peak) to minimize the impact to incoming rental car returns. Upon award of the project, Hensel Phelps Design-
Build Team will submit a viable night work plan that is acceptable to the Broward County Aviation Department.
Our team has studied the as-builts provided and visited the site on multiple occasions to further collect information on
the existing precast structure. The existing structure appears to be in satisfactory condition and we do not expect to
have structural issues anchoring the two new signs to the existing precast walls. Existing precast walls will be scanned
prior to installation to ensure new signage anchors do not penetrate existing reinforcing.
2.4) Explain the vendor’s approach to coordinating with airport security and stakeholders, including work in
an active parking garage.
An intimate knowledge of the individual airport’s operations is critical to ensuring construction activities are coordinated
and scheduled to not affect Airport or airline operations. Prior to starting construction activities on-site, Hensel Phelps
will meet with all stakeholders to gather everyone’s concerns with the removal and installation of the new signage.
Once all stakeholders’ concerns have been addressed, Hensel Phelps will create a site logistics plan incorporating
feedback from all stakeholders and will review the plan with airport security and Broward County Aviation Department
to gain full acceptance of the plan. Once the plan is accepted by all stakeholders, Hensel Phelps plans to have onsite
weekly coordination meetings with applicable airport personnel to ensure everyone is aware of the plan and what to
expect for the week.
2.5) Provide a detailed project timeline, identifying the time to be allocated for the completion of each
milestone as referenced in this solicitation with the total timeline reflected for this project.
To illustrate the required detailed project timeline, Hensel Phelps has elected to create a CPM schedule in Primavera P6
to communicate the major milestones, logic and overall duration of the project. See below for major milestone dates
with the CPM schedule to follow:
Approximate Contract Award = June 1st, 2018
Approximate First Notice to Proceed = June 29th, 2018
Detailed Design Phase – 30% Design Documents = August 13th, 2018
Detailed Design Phase – 70% Design Documents = September 12th, 2018
Concurrence of Design Phase – 100% Construction Documents = October 12th, 2018
Approved Permitted Drawings/Shop Drawings Approved = December 26th, 2018
Substantial Completion = February 19th, 2019
Final Completion = March 19th, 2019
Please reference CPM Project Schedule located in the Appendices section at end of proposal.
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2.6) Describe proposed concept design, including structural components, sign materials, and major electrical
components.
The proposed concept design will consist of aluminum sheeting forming the housing of each sign and will be assembled
utilizing stainless steel fasteners. Acrylic panels located along the perimeter of the signs will house the LED lighting. The
Welcome Sign will be comprised of 8 sections (4 sections for the back and 4 sections for the front) with minimal seams.
Structural aluminum clip angles will line the back of the sign and will be spaced per requirements by structural engineer.
Engineered concrete anchors will attached the back framework of the signage to the existing precast panels. LED
lighting will be fed from power supplies located on the backside of the signs via photo cell which will activate during
night time hours allowing power to be fed to the strands of LED lights.
The design/build concept for the fabrication of the “Welcome to FLL” and “Broward County Logo” sign will meet all
applicable Florida Building Code standards and will feature the following components below:
· American made architectural aluminum angle and sheeting
· Low VOC (volatile organic compounds) compliant polyurethane coatings which exceed EPA standards for solvents with
a ten (10) year warranty to resist deterioration, discoloration or fading. Welding to be performed by inhouse certified
welders
· Power supplies
· Hi efficiency LED emitters with a minimum lamp rating of 40,000 hours and warranted for a minimum of five (5) years
· All acrylic components carry an exclusive 10-year limited warranty on light transmission
· All stainless-steel fasteners will be used in the fabrication and installation of the signage
· EPCON E6 two-part epoxy adhesive
· All electrical components to be serviced thru access panels directly from the garage levels
· Lighting to be controlled by photocell
· All wiring, electrical components and means and methods follow certified UL listed and rating
· Provision of a minimum of two (2) spare parts or attic stock of LED lighting, drivers and power supplies
· UL listed disconnect switch
· All materials, framing, lighting and finished shall be presented to and approved by the owner.
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2.7) Describe how the signs will be maintained, including ease of maintenance, schedules and accessibility.
Describe how damaged or faded panel(s) will be replaced.
Both signs are being fabricated with ease of maintenance as a priority component. Power supplies which have a lifespan
of approximately 4 years will be accessible from several garage levels for maintenance. Due to the 40,000-hour lamp
rating of the LED lighting, no scheduled maintenance for LED lamps will be required. Signage panels will fade evenly
over time for both signs eliminating the need to replace individual sections of each sign. In the event any part of the
Welcome Sign is damaged, the individual panel can be removed and replaced utilizing a mobile crane and boom lift. All
portions of the adjacent Broward County logo channel letters are individual components which can be easily be accessed
via boom lift from the elevated deck below and replaced.
3.) Past Performance: Describe prime Vendor’s experience on projects of similar nature, scope and duration,
along with evidence of satisfactory completion, both on time and within budget, for the past five years.
Provide a minimum of three projects with references.
Hensel Phelps has designed and built hundreds of projects in all market sectors since our founding in 1937. No matter
the project size or scope, Hensel Phelps provides its clients predictability in a dynamic and challenging market. Our
approach is the most efficient and performance driven delivery model in the nation, providing outcomes rather that
outputs unique to each client. Hensel Phelps has developed a unique set of systems and management controls that we
implement on every project. This ensures consistency in our end product and has allowed our resume to grow with the
majority of work coming from repeat clients. Hensel Phelps incorporates the latest technologies into its processes to
guarantee efficient design and construction and a building that is easy to operate and maintain long after project
completion.
While Hensel Phelps does not specifically specialize in signage type projects, however majority, if not all projects Hensel
Phelps takes on include signage scopes of work. Typically, there is interior as well as exterior signage required for each
project. As an organization, each scope of work is carefully planned and executed to ensure success for the overall
project. Over the years, Hensel Phelps has built some iconic projects including projects with unique signage packages.
On the following pages are some examples of the projects Hensel Phelps and Baron Sign Manufacturing has completed
requiring exterior signs similar to the FLL Welcome Sign and Broward County Logo Sign.
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Please see below examples of projects our team has completed that are relevant to this project:
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3.) Continued… Vendor should provide references for similar work performed to show evidence of
qualifications and previous experience. Refer to Vendor Reference Verification Form and submit as
instructed. Only provide references for non-Broward County Board of County Commissioners contracts. For
Broward County contracts, the County will review performance evaluations in its database for vendors with
previous or current contracts with the County. The County considers references and performance
evaluations in the evaluation of Vendor’s past performance.
Please reference completed Vendor Reference Verification Forms on the following pages:
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3.) Continued… Provide examples of vendor’s experience and involvement with past construction projects
completed of similar nature (pre-cast, several stories), scope and duration, phasing work in public areas
during peak and non-peak hours.
Hensel Phelps recently completed the Orlando International Airport (OIA) Automated People Mover (APM) Complex
project for Greater Orlando Aviation Authority. The scope of the program includes a 2,400-car parking garage, the South
Airport APM Complex station, renovation of the APM station in the North Terminal, completion of the APM guideway
structure to the South Airport APM Complex station, modifications to the APM guideway structures (fixed facilities only)
to Airsides 1 and 3, roadways, bridges, sitework, and all associated infrastructure. Hensel Phelps self-performed the
construction of the 870,000 SF, six-story, post tension cast-in-in place garage which included 5 sets of cast-in-place
radius access stairs, six elevators and a helical entry / exit ramp. Prior to erecting tower cranes, Hensel Phelps
coordinated daily with the air traffic control tower to gain permission to raise boom of crawler cranes utilized to
construct the six-story garage. Due to the size & complexity of the project, Hensel Phelps regularly conducted mock
rescue drills with local airport fire department to ensure our team was always ready in case of a potential incident.
In addition to the OIA APM project, Hensel Phelps was also contracted to renovate and expand Airside Four at Orlando
International Airport. The Improvements Program consisted of the renovation and wing expansion of the Federal
Inspection Station (FIS)/Customs Border Protection (SBP) spaces, expansion of the 90's gates, 80's gates improvements,
HVAC air handling unit replacements, and fire alarm system modifications, while maintaining regular airport operations.
Airport operations had to be maintained at all times throughout day & night shifts during the course of the project. Full
height demising walls were utilized to separate the public from the construction zones therefore eliminating any hazards
to the public & passengers. Daily coordination meetings were held with airport operations to ensure stakeholders were
always aware of upcoming activities and milestones.
4.) Workload of the Firm: For the prime Vendor only, list all completed and active projects that Vendor has
managed within the past five years. In addition, list all projected projects that Vendor will be working on in
the near future. Projected projects will be defined as a project(s) that Vendor has been awarded a contract,
but the Notice to Proceed has not been issued. Identify any projects that Vendor worked on concurrently.
Describe Vendor’s approach in managing these projects. Were there or will there be any challenges for any
of the listed projects? If so, describe how Vendor dealt with or will deal with the projects’ challenges.
Hensel Phelps is a National firm that maintains 9 District Offices and 9 Regional Offices throughout the United States with over 2100 salaried employees and over 850 hourly craftsmen. Each of these District Offices operates as an independent business unit while our Regional Offices operate as extensions of those business units to provide local continuity of leadership, key relationships and points of contacts for clients as well as the subcontracting community. Perhaps most importantly these Region Offices allow Hensel Phelps to more closely support the communities in which we live and work.
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Though each District Office acts as a separate business unit organizational resources are routinely and conscientiously shared between them. This flexibility allows each District and Region office throughout the Country to grow and contract as needed based on the volume and size of the projects being constructed. In additional to providing our clients with the most highly qualified personnel wherever their projects may be, this flexibility fundamentally provides security for our employees that is unmatched in the industry.
This section includes two tables which indemnify the current and anticipated work load of Hensel Phelps: The first table located on next page identifies all projects that will be ongoing concurrently with the FLL Welcome Sign &
Broward County Logo Sign which will be managed out of our Southeast District Office and the Regional Office in South
Florida. Presently the Southeast District Office employees over 250 salary employees and 86 craftsmen throughout the
Southeast region and the projects identified in this table. Two projects with contracts totally in excess of $134 million
dollars will be completed this year before the start of Design Phase of the FLL Welcome Sign and Broward County Logo
Sign. Another two projects with contracts totaling in excess of $84 million will be completed by the end of 2018
before the start of construction of FLL Welcome Sign project.
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The second table located on next page identifies all other significant projects that are occurring throughout the United
States concurrently with the FLL Welcome Sign. The current workload identified in this table will not detract in any way
from Hensel Phelps’ ability to perform successfully on this project. Nationally, Hensel Phelps will be completing over 90
projects with contact values exceeding $5.5 billion by the end of this calendar year fueling significant procurement
efforts across the country. These procurements, including the FLL Welcome Sign, are required to not just meet the
current business plan and maintain revenue streams, but are required to ensure the continued growth of our
organization. In addition, the continued diversity of the projects Hensel Phelps will be constructing simultaneously lend
themselves well to adding the FLL Welcome Sign to the list of planned projects.
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NATIONWIDE ACTIVE PROJECT WORKLOAD CONTINUED…
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NATIONWIDE ACTIVE PROJECT WORKLOAD CONTINUED…
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SEDO COMPLETED PROJECT WORKLOAD FOR THE LAST 5 YEARS CONTINUED…
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NATIONWIDE COMPLETED PROJECTS WORKLOAD FOR THE LAST 5 YEARS CONTINUED…
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NATIONWIDE COMPLETED PROJECTS WORKLOAD FOR THE LAST 5 YEARS CONTINUED…
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NATIONWIDE COMPLETED PROJECTS WORKLOAD FOR THE LAST 5 YEARS CONTINUED…
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NATIONWIDE COMPLETED PROJECTS WORKLOAD FOR THE LAST 5 YEARS CONTINUED…
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NATIONWIDE COMPLETED PROJECTS WORKLOAD FOR THE LAST 5 YEARS CONTINUED…
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NATIONWIDE COMPLETED PROJECTS WORKLOAD FOR THE LAST 5 YEARS CONTINUED…
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In summary, the current and anticipated work load of Hensel Phelps both corporately and regionally is well aligned to support the performance of the project team on the FLL Welcome Sign & Broward County Logo Sign.
5) Location: Refer to Vendor’s Business Location Attestation Form and submit as instructed.
See completed Vendor’s Business Location Attestation Form that has been submitted via BidSync.
6) Pricing:
See Item Response Form that has been submitted via BidSync.
F. Appendices
1. Original Executed Bid Bond will be hand delivered to Broward County Purchasing
Division prior to bid due date. For reference, please see copy of Executed Bid Bond on
following Page 118.
2. CPM Project Schedule starting on Page 122
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5
6
Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Hensel Phelps
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 133
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Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Hensel Phelps
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 134
5
6
Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Hensel Phelps
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 135
5
6
Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Hensel Phelps
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 136
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Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Hensel Phelps
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 137
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Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Hensel Phelps
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 138
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Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Hensel Phelps
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 139
5
6
Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Hensel Phelps
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 140
5
6
Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Hensel Phelps
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 141
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Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Hensel Phelps
PNC2115316P1Broward County Board ofCounty Commissioners
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AFFILIATED ENTITIES OF THE PRINCIPAL(S) CERTIFICATION FORM
The completed form should be submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County.
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
The Vendor hereby certifies that: (select one)
No principal of the proposing Vendor has prior affiliations that meet the criteria defined as “Affiliated entities ”
Principal(s) listed below have prior affiliations that meet the criteria defined as “Affiliated entities ”
Principal ’s Name:
Names of Affiliated Entities:
Principal ’s Name:
Names of Affiliated Entities:
Principal ’s Name:
Names of Affiliated Entities:
Authorized Signature Name: Richard Cohen
Title: Operations Manager
Vendor Name: Hensel Phelps
Date: 2/2/18
Supplier: Hensel Phelps
PNC2115316P1Broward County Board ofCounty Commissioners
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AGREEMENT EXCEPTION FORM
The completed form(s) should be returned with the Vendor ’s submittal. If not provided with submittal, it shall be deemed an affirmation by the Vendor that it accepts the terms and conditions of the County ’s Agreement as disclosed in the solicitation.
The Vendor must either provide specific proposed alternative language on the form below. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
Vendor Name: Hensel Phelps
Supplier: Hensel Phelps
There are no exceptions to the terms and conditions of the County Agreement as referenced in the solicitation; or
The following exceptions are disclosed below: (use additional forms as needed; separate each Article/ Section number)
Term or
Condition
Article / Section
Insert version of exception or
specific proposed alternative
language
Provide brief justification for
change
Please see uploaded
pdf file for Contract
Exceptions
Please see uploaded pdf file for Contract
Exceptions
Please see uploaded pdf file for
Contract Exceptions
PNC2115316P1Broward County Board ofCounty Commissioners
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Bid Bond, Bid Guaranty, Performance and Payment Guaranties, and Qualifications of Surety
Requirements:
A. Bid Bond: A Vendor must submit with its response a bid bond in the form of the County ’s approved Bid Bond Form, including all substantive terms set forth therein, which shall be executed by a surety company meeting the Qualifications of Surety Requirements . Failure to submit a bid bond by the solicitation due date and time, and in accordance with instructions will deem Vendor non-responsive. A copy of the County-approved Bid Bond Form may be found at: www.broward.org/Purchasing/Pages/StandardTerms.aspx, under the section “Standard Guaranty and Bond Forms” .
B. Bid Guaranty : In lieu of a bid bond, the following will be acceptable: cash, money order, certified check, cashier's check, an original Bid Guaranty – Unconditional Letter of Credit, treasurer's check or bank draft of any national or state bank (United States). A personal check or a company check of a Vendor is not a valid bid guaranty.
1. The bid guaranty shall be in an amount equal to five percent (5%) of the total price offered, payable to the Board of County Commissioners and conditioned upon the successful Vendor providing the Performance and Payment Guaranty, evidence of insurance, or any other requirements set forth within the solicitation, within 15 calendar days after notification of award of the contract.
2. Guaranty of the successful Vendor shall be forfeited to the Board of County Commissioners not as a penalty, but as liquidated damages for the cost and expense incurred should said Vendor fail to provide the required Performance and Payment Guaranty or Certificate of Insurance or fail to comply with any other requirements set forth in the solicitation. Upon request, bid guaranties of unsuccessful vendors will be returned after award of contract or expiration of bid validity.
3. Vendors must either submit an electronic bid bond through BidSync or submit an original bid guaranty to the Purchasing Division, by solicitation due date and time, or Vendor may be deemed non-responsive.
a. To submit an electronic bid bond, Vendor must submit through BidSync, using Surety 2000. Vendors, bonding agents, and surety companies must register with Surety 2000 to use the service; contact Surety 2000 to find out information regarding their service (www.surety2000.com or 800-660-3263).
i. The Vendor must provide their bonding agent with Broward County ’s vendor identification number for Surety 2000 (P06145037) and its “Supplier identifier” number. The Vendor ’s individual Supplier identifier number is available on the Details tab in BidSync (Bid Bond: See bid bond information).
ii. The bonding agent can then provide a Bid Bond Number for the Vendor to import into BidSync.
iii. For detailed instructions on submitting an electronic bid bond, visit Vendor R e g i s t r a t i o n p a g e a t www.broward.org/Purchasing/Pages/Registration.aspx and select “How to Submit an electronic bid bond?”
iv. Broward County reminds Vendors to allow enough time to secure a bid bond and submit electronically in case there are any errors or issues. If there are errors during the import process, check all identification numbers. Contact Surety 2000 for additional assistance.
v. An original bid bond will not be required when the bid bond is submitted electronically through Surety 2000.
b. To submit an original bid guaranty, in lieu of submitting an electronic bid bond through BidSync, Vendor must submit an original bid guaranty in a sealed envelope, with the solicitation number, solicitation title, date and the time of bid opening, and address listed on the envelope. A copy of the bid guaranty should also be uploaded into Bid Sync; this does not replace the requirement to have an original bid guaranty. Vendors must submit the original bid guaranty, by the solicitation due date and time, to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
C. Performance and Payment Guaranties: within 15 calendar days of being notified of the award of contract, Vendor shall furnish the referenced Performance Bond and a Payment Bond containing all the provisions of the Performance Bond Form and Payment Bond Form.
1. The bonds shall be in the amount of one hundred percent (100%) of the contract amount guaranteeing to County the completion and performance of the work covered in such Contract as well as full payment of all suppliers, material men, laborers, or subcontractors employed pursuant to this project. Such bond(s) shall be with a surety company which is qualified pursuant to the section, Qualifications of Surety.
2. Each bond shall continue in effect for one year after completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract price, or an additional bond shall be conditioned that the Vendor will upon notification by the County, correct any defective or faulty work or materials which appear within one year after completion of the Contract.
3. Pursuant to the requirements of Section 255.05(1), Florida Statutes, Vendor shall ensure that the bonds referenced above shall be recorded in the public records of Broward County and provide County with evidence of such recording.
4. In lieu of the performance and payment bond, Vendor may furnish an alternate form of security which may be in the form of cash, money order, certified check, cashier's check or an original Irrevocable Letter of Credit as reflected on the County ’s form. Such alternate forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable above and shall be held by the County for one year after completion and acceptance of the work.
5. The Vendor is required at all times to have valid Performance and Payment Guaranties (or other approved security) in force covering the work being performed.
6. The Vendor agrees to keep such Guaranties (or other security) in effect for the duration of the contract. If the contract is extended or renewed, it shall be subject to the same bonding (or other approved security) requirements.
D. Qualifications of Surety Requirements: A bid bond performance bond, and payment bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida, having a resident agent in the State of Florida, and having been in business with a record of successful continuous operation for at least five years.
1. In addition to the above-minimum qualifications, the surety company must meet at least one of the following additional qualifications:
a. The surety company shall hold a current Certificate of Authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revision. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, Revised (31 DFR Section 223.10 Section 223.11). Further, the surety company shall provide the County with evidence satisfactory to the County, that such excess risk has been protected in an acceptable manner.
b. The surety company shall hold a current Certificate of Authority with the Florida Office of Insurance Regulation.
c. The surety company shall have at least the following minimum ratings:
2. For projects which do not exceed $500,000, the County shall accept a Bid Bond and Performance and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Office of Insurance Regulation at the time the solicitation is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid Certificate of Authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code.
3. If the surety company fails to meet the minimum standards, a bond from a surety that meets the minimum standards must be provided to satisfy the bonding requirements.
Supplier: Hensel Phelps
Amount of BondSurety Ratings
FinancialSize Category
$500,001 to $1,000,000 A, A- Class I
$1,000,001 to $2,000,000 A, A- Class II
$2,000,001 to $5,000,000 A Class III
$5,000,001 to $10,000,000 A Class IV
$10,000,001 to $25,000,000 A Class V
$25,000,001 to $50,000,000 A Class VI
$50,000,001 to or more A Class VII
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 145
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Bid Bond, Bid Guaranty, Performance and Payment Guaranties, and Qualifications of Surety
Requirements:
A. Bid Bond: A Vendor must submit with its response a bid bond in the form of the County ’s approved Bid Bond Form, including all substantive terms set forth therein, which shall be executed by a surety company meeting the Qualifications of Surety Requirements . Failure to submit a bid bond by the solicitation due date and time, and in accordance with instructions will deem Vendor non-responsive. A copy of the County-approved Bid Bond Form may be found at: www.broward.org/Purchasing/Pages/StandardTerms.aspx, under the section “Standard Guaranty and Bond Forms” .
B. Bid Guaranty : In lieu of a bid bond, the following will be acceptable: cash, money order, certified check, cashier's check, an original Bid Guaranty – Unconditional Letter of Credit, treasurer's check or bank draft of any national or state bank (United States). A personal check or a company check of a Vendor is not a valid bid guaranty.
1. The bid guaranty shall be in an amount equal to five percent (5%) of the total price offered, payable to the Board of County Commissioners and conditioned upon the successful Vendor providing the Performance and Payment Guaranty, evidence of insurance, or any other requirements set forth within the solicitation, within 15 calendar days after notification of award of the contract.
2. Guaranty of the successful Vendor shall be forfeited to the Board of County Commissioners not as a penalty, but as liquidated damages for the cost and expense incurred should said Vendor fail to provide the required Performance and Payment Guaranty or Certificate of Insurance or fail to comply with any other requirements set forth in the solicitation. Upon request, bid guaranties of unsuccessful vendors will be returned after award of contract or expiration of bid validity.
3. Vendors must either submit an electronic bid bond through BidSync or submit an original bid guaranty to the Purchasing Division, by solicitation due date and time, or Vendor may be deemed non-responsive.
a. To submit an electronic bid bond, Vendor must submit through BidSync, using Surety 2000. Vendors, bonding agents, and surety companies must register with Surety 2000 to use the service; contact Surety 2000 to find out information regarding their service (www.surety2000.com or 800-660-3263).
i. The Vendor must provide their bonding agent with Broward County ’s vendor identification number for Surety 2000 (P06145037) and its “Supplier identifier” number. The Vendor ’s individual Supplier identifier number is available on the Details tab in BidSync (Bid Bond: See bid bond information).
ii. The bonding agent can then provide a Bid Bond Number for the Vendor to import into BidSync.
iii. For detailed instructions on submitting an electronic bid bond, visit Vendor R e g i s t r a t i o n p a g e a t www.broward.org/Purchasing/Pages/Registration.aspx and select “How to Submit an electronic bid bond?”
iv. Broward County reminds Vendors to allow enough time to secure a bid bond and submit electronically in case there are any errors or issues. If there are errors during the import process, check all identification numbers. Contact Surety 2000 for additional assistance.
v. An original bid bond will not be required when the bid bond is submitted electronically through Surety 2000.
b. To submit an original bid guaranty, in lieu of submitting an electronic bid bond through BidSync, Vendor must submit an original bid guaranty in a sealed envelope, with the solicitation number, solicitation title, date and the time of bid opening, and address listed on the envelope. A copy of the bid guaranty should also be uploaded into Bid Sync; this does not replace the requirement to have an original bid guaranty. Vendors must submit the original bid guaranty, by the solicitation due date and time, to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
C. Performance and Payment Guaranties: within 15 calendar days of being notified of the award of contract, Vendor shall furnish the referenced Performance Bond and a Payment Bond containing all the provisions of the Performance Bond Form and Payment Bond Form.
1. The bonds shall be in the amount of one hundred percent (100%) of the contract amount guaranteeing to County the completion and performance of the work covered in such Contract as well as full payment of all suppliers, material men, laborers, or subcontractors employed pursuant to this project. Such bond(s) shall be with a surety company which is qualified pursuant to the section, Qualifications of Surety.
2. Each bond shall continue in effect for one year after completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract price, or an additional bond shall be conditioned that the Vendor will upon notification by the County, correct any defective or faulty work or materials which appear within one year after completion of the Contract.
3. Pursuant to the requirements of Section 255.05(1), Florida Statutes, Vendor shall ensure that the bonds referenced above shall be recorded in the public records of Broward County and provide County with evidence of such recording.
4. In lieu of the performance and payment bond, Vendor may furnish an alternate form of security which may be in the form of cash, money order, certified check, cashier's check or an original Irrevocable Letter of Credit as reflected on the County ’s form. Such alternate forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable above and shall be held by the County for one year after completion and acceptance of the work.
5. The Vendor is required at all times to have valid Performance and Payment Guaranties (or other approved security) in force covering the work being performed.
6. The Vendor agrees to keep such Guaranties (or other security) in effect for the duration of the contract. If the contract is extended or renewed, it shall be subject to the same bonding (or other approved security) requirements.
D. Qualifications of Surety Requirements: A bid bond performance bond, and payment bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida, having a resident agent in the State of Florida, and having been in business with a record of successful continuous operation for at least five years.
1. In addition to the above-minimum qualifications, the surety company must meet at least one of the following additional qualifications:
a. The surety company shall hold a current Certificate of Authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revision. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, Revised (31 DFR Section 223.10 Section 223.11). Further, the surety company shall provide the County with evidence satisfactory to the County, that such excess risk has been protected in an acceptable manner.
b. The surety company shall hold a current Certificate of Authority with the Florida Office of Insurance Regulation.
c. The surety company shall have at least the following minimum ratings:
2. For projects which do not exceed $500,000, the County shall accept a Bid Bond and Performance and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Office of Insurance Regulation at the time the solicitation is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid Certificate of Authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code.
3. If the surety company fails to meet the minimum standards, a bond from a surety that meets the minimum standards must be provided to satisfy the bonding requirements.
Supplier: Hensel Phelps
Amount of BondSurety Ratings
FinancialSize Category
$500,001 to $1,000,000 A, A- Class I
$1,000,001 to $2,000,000 A, A- Class II
$2,000,001 to $5,000,000 A Class III
$5,000,001 to $10,000,000 A Class IV
$10,000,001 to $25,000,000 A Class V
$25,000,001 to $50,000,000 A Class VI
$50,000,001 to or more A Class VII
PNC2115316P1Broward County Board ofCounty Commissioners
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Bid Bond, Bid Guaranty, Performance and Payment Guaranties, and Qualifications of Surety
Requirements:
A. Bid Bond: A Vendor must submit with its response a bid bond in the form of the County ’s approved Bid Bond Form, including all substantive terms set forth therein, which shall be executed by a surety company meeting the Qualifications of Surety Requirements . Failure to submit a bid bond by the solicitation due date and time, and in accordance with instructions will deem Vendor non-responsive. A copy of the County-approved Bid Bond Form may be found at: www.broward.org/Purchasing/Pages/StandardTerms.aspx, under the section “Standard Guaranty and Bond Forms” .
B. Bid Guaranty : In lieu of a bid bond, the following will be acceptable: cash, money order, certified check, cashier's check, an original Bid Guaranty – Unconditional Letter of Credit, treasurer's check or bank draft of any national or state bank (United States). A personal check or a company check of a Vendor is not a valid bid guaranty.
1. The bid guaranty shall be in an amount equal to five percent (5%) of the total price offered, payable to the Board of County Commissioners and conditioned upon the successful Vendor providing the Performance and Payment Guaranty, evidence of insurance, or any other requirements set forth within the solicitation, within 15 calendar days after notification of award of the contract.
2. Guaranty of the successful Vendor shall be forfeited to the Board of County Commissioners not as a penalty, but as liquidated damages for the cost and expense incurred should said Vendor fail to provide the required Performance and Payment Guaranty or Certificate of Insurance or fail to comply with any other requirements set forth in the solicitation. Upon request, bid guaranties of unsuccessful vendors will be returned after award of contract or expiration of bid validity.
3. Vendors must either submit an electronic bid bond through BidSync or submit an original bid guaranty to the Purchasing Division, by solicitation due date and time, or Vendor may be deemed non-responsive.
a. To submit an electronic bid bond, Vendor must submit through BidSync, using Surety 2000. Vendors, bonding agents, and surety companies must register with Surety 2000 to use the service; contact Surety 2000 to find out information regarding their service (www.surety2000.com or 800-660-3263).
i. The Vendor must provide their bonding agent with Broward County ’s vendor identification number for Surety 2000 (P06145037) and its “Supplier identifier” number. The Vendor ’s individual Supplier identifier number is available on the Details tab in BidSync (Bid Bond: See bid bond information).
ii. The bonding agent can then provide a Bid Bond Number for the Vendor to import into BidSync.
iii. For detailed instructions on submitting an electronic bid bond, visit Vendor R e g i s t r a t i o n p a g e a t www.broward.org/Purchasing/Pages/Registration.aspx and select “How to Submit an electronic bid bond?”
iv. Broward County reminds Vendors to allow enough time to secure a bid bond and submit electronically in case there are any errors or issues. If there are errors during the import process, check all identification numbers. Contact Surety 2000 for additional assistance.
v. An original bid bond will not be required when the bid bond is submitted electronically through Surety 2000.
b. To submit an original bid guaranty, in lieu of submitting an electronic bid bond through BidSync, Vendor must submit an original bid guaranty in a sealed envelope, with the solicitation number, solicitation title, date and the time of bid opening, and address listed on the envelope. A copy of the bid guaranty should also be uploaded into Bid Sync; this does not replace the requirement to have an original bid guaranty. Vendors must submit the original bid guaranty, by the solicitation due date and time, to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
C. Performance and Payment Guaranties: within 15 calendar days of being notified of the award of contract, Vendor shall furnish the referenced Performance Bond and a Payment Bond containing all the provisions of the Performance Bond Form and Payment Bond Form.
1. The bonds shall be in the amount of one hundred percent (100%) of the contract amount guaranteeing to County the completion and performance of the work covered in such Contract as well as full payment of all suppliers, material men, laborers, or subcontractors employed pursuant to this project. Such bond(s) shall be with a surety company which is qualified pursuant to the section, Qualifications of Surety.
2. Each bond shall continue in effect for one year after completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract price, or an additional bond shall be conditioned that the Vendor will upon notification by the County, correct any defective or faulty work or materials which appear within one year after completion of the Contract.
3. Pursuant to the requirements of Section 255.05(1), Florida Statutes, Vendor shall ensure that the bonds referenced above shall be recorded in the public records of Broward County and provide County with evidence of such recording.
4. In lieu of the performance and payment bond, Vendor may furnish an alternate form of security which may be in the form of cash, money order, certified check, cashier's check or an original Irrevocable Letter of Credit as reflected on the County ’s form. Such alternate forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable above and shall be held by the County for one year after completion and acceptance of the work.
5. The Vendor is required at all times to have valid Performance and Payment Guaranties (or other approved security) in force covering the work being performed.
6. The Vendor agrees to keep such Guaranties (or other security) in effect for the duration of the contract. If the contract is extended or renewed, it shall be subject to the same bonding (or other approved security) requirements.
D. Qualifications of Surety Requirements: A bid bond performance bond, and payment bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida, having a resident agent in the State of Florida, and having been in business with a record of successful continuous operation for at least five years.
1. In addition to the above-minimum qualifications, the surety company must meet at least one of the following additional qualifications:
a. The surety company shall hold a current Certificate of Authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revision. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, Revised (31 DFR Section 223.10 Section 223.11). Further, the surety company shall provide the County with evidence satisfactory to the County, that such excess risk has been protected in an acceptable manner.
b. The surety company shall hold a current Certificate of Authority with the Florida Office of Insurance Regulation.
c. The surety company shall have at least the following minimum ratings:
2. For projects which do not exceed $500,000, the County shall accept a Bid Bond and Performance and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Office of Insurance Regulation at the time the solicitation is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid Certificate of Authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code.
3. If the surety company fails to meet the minimum standards, a bond from a surety that meets the minimum standards must be provided to satisfy the bonding requirements.
Supplier: Hensel Phelps
Amount of BondSurety Ratings
FinancialSize Category
$500,001 to $1,000,000 A, A- Class I
$1,000,001 to $2,000,000 A, A- Class II
$2,000,001 to $5,000,000 A Class III
$5,000,001 to $10,000,000 A Class IV
$10,000,001 to $25,000,000 A Class V
$25,000,001 to $50,000,000 A Class VI
$50,000,001 to or more A Class VII
PNC2115316P1Broward County Board ofCounty Commissioners
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DOMESTIC PARTNERSHIP ACT CERTIFICATION FORM (REQUIREMENT AND TIEBREAKER)
Refer to Special Instructions to identify if Domestic Partnership Act is a requirement of the solicitation or acts
only as a tiebreaker. If Domestic Partnership is a requirement of the solicitation, the completed and signed form
should be returned with the Vendor ’s submittal. If the form is not provided with submittal, the Vendor must
submit within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully
comply within stated timeframes. To qualify for the Domestic Partnership tiebreaker criterion, the Vendor must
currently offer the Domestic Partnership benefit and the completed and signed form must be returned at time of
solicitation submittal.
The Domestic Partnership Act, Section 16 ½ -157, Broward County Code of Ordinances, requires all Vendors
contracting with the County, in an amount over $100,000 provide benefits to Domestic Partners of its employees,
on the same basis as it provides benefits to employees ’ spouses, with certain exceptions as provided by the
Ordinance.
For all submittals over $100,000.00, the Vendor, by virtue of the signature below, certifies that it is aware of the
requirements of Broward County ’s Domestic Partnership Act, Section 16-½ -157, Broward County Code of
Ordinances; and certifies the following: (check only one below).
Supplier: Hensel Phelps
1. The Vendor currently complies with the requirements of the County ’s Domestic Partnership Act
and provides benefits to Domestic Partners of its employees on the same basis as it provides
benefits to employees ’ spouses
2. The Vendor will comply with the requirements of the County ’s Domestic Partnership Act at time of
contract award and provide benefits to Domestic Partners of its employees on the same basis as
it provides benefits to employees ’ spouses.
3. The Vendor will not comply with the requirements of the County ’s Domestic Partnership Act at
time of award.
4. The Vendor does not need to comply with the requirements of the County ’s Domestic Partnership
Act at time of award because the following exception(s) applies: (check only one below).
The Vendor is a governmental entity, not-for-profit corporation, or charitable organization.
The Vendor is a religious organization, association, society, or non -profit charitable or
educational institution.
The Vendor provides an employee the cash equivalent of benefits. (Attach an affidavit in
compliance with the Act stating the efforts taken to provide such benefits and the amount of
the cash equivalent).
The Vendor cannot comply with the provisions of the Domestic Partnership Act because it
would violate the laws, rules or regulations of federal or state law or would violate or be
inconsistent with the terms or conditions of a grant or contract with the United States or State
of Florida. Indicate the law, statute or regulation (State the law, statute or regulation and
attach explanation of its applicability).
Richard Cohen Operations Manager Hensel Phelps 2/2/18
Authorized Signature/Name Title Vendor Name Date
PNC2115316P1Broward County Board ofCounty Commissioners
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Supplier: Hensel Phelps
LITIGATION HISTORY FORM
The completed form(s) should be returned with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
There are no material cases for this Vendor; or
Material Case(s) are disclosed below:
Is this for a: (check type)
Parent, Subsidiary, or
Predecessor Firm?
If Yes, name of Parent/Subsidiary/Predecessor:Please see list of material cases included in technical submission and uploaded pdf file.
Or No
PartyCase Number, Name,
and Date FiledPlease see list of material cases included in technical submission and uploaded pdf file
Name of Court or other tribunal
Type of Case Bankruptcy Civil Criminal Administrative/Regulatory
Claim or Cause of Action and Brief description of
each Count
Please see list of material cases included in technical submission and uploaded pdf file
Brief description of the Subject Matter and Project
Involved
Please see list of material cases included in technical submission and uploaded pdf file
Disposition of Case
(Attach copy of any applicable Judgment,
Settlement Agreement and Satisfaction of Judgment.)
Pending Settled Dismissed
Judgment Vendor ’s Favor Judgment Against Vendor
If Judgment Against, is Judgment Satisfied? Yes No
Opposing Counsel Name: Email: Telephone Number:
Vendor Name: Hensel Phelps
PNC2115316P1Broward County Board ofCounty Commissioners
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LOBBYIST REGISTRATION REQUIREMENT CERTIFICATION FORM
The completed form should be submitted with the solicitation response but must be submitted within three business
days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
The Vendor certifies that it understands if it has retained a lobbyist(s) to lobby in connection with a competitive
solicitation, it shall be deemed non-responsive unless the firm, in responding to the competitive solicitation, certifies
that each lobbyist retained has timely filed the registration or amended registration required under Broward County
Lobbyist Registration Act, Section 1-262, Broward County Code of Ordinances; and it understands that if, after awarding
a contract in connection with the solicitation, the County learns that the certification was erroneous, and upon
investigation determines that the error was willful or intentional on the part of the Vendor, the County may, on that basis,
exercise any contractual right to terminate the contract for convenience.
The Vendor hereby certifies that: (select one)
It has not retained a lobbyist(s) to lobby in connection with this competitive solicitation; however, if retained after
the solicitation, the County will be notified.
It has retained a lobbyist(s) to lobby in connection with this competitive solicitation and certified that each lobbyist
retained has timely filed the registration or amended registration required under Broward County Lobbyist
Registration Act, Section 1-262, Broward County Code of Ordinances.
It is a requirement of this solicitation that the names of any and all lobbyists retained to lobby in connection
with this solicitation be listed below:
Name of Lobbyist: Bernie Friedman
Lobbyist ’s Firm: Becker & Poliakoff
Phone: 954.985.4180
E-mail: bfriedman@bplegal.com
Name of Lobbyist: Nick Matthews
Lobbyist ’s Firm: Becker & Poliakoff
Phone: 954.985.4180
E-mail: nmatthews@bplegal.com
Authorized Signature/Name: Richard Cohen Date: 2/2/18
Title: Operations Manager
Vendor Name: Hensel Phelps
Supplier: Hensel Phelps
PNC2115316P1Broward County Board ofCounty Commissioners
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RFP-RFQ-RLI LOCATION ATTESTATION FORM (EVALUATION CRITERIA)
The completed and signed form and supporting information (if applicable, for Joint Ventures) should be returned with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit this form and supporting information may affect the Vendor ’s evaluation. Provided information is subject to verification by the County.
A Vendor ’s principal place of business location (also known as the nerve center) within Broward County is considered in accordance with Evaluation Criteria. The County ’s definition of a principal place of business is:
1. As defined by the Broward County Local Preference Ordinance, “Principal place of business means the nerve center or center of overall direction, control and coordination of the activities of the bidder [Vendor]. If the bidder has only one (1) business location, such business location shall be considered its principal place of business.”
2. A principal place of business refers to the place where a corporation's officers direct, control, and coordinate the corporation's day-to-day activities. It is the corporation's ‘nerve center ’ and in practice it should normally be the place where the corporation maintains its headquarters; provided that the headquarters is the actual center of direction, control, and coordination, i.e., the ‘nerve center ’, and not simply an office where the corporation holds its board meetings (for example, attended by directors and officers who have traveled there for the occasion).
The Vendor ’s principal place of business in Broward County shall be the Vendor ’s “Principal Address” as indicated with the Florida Department of State Division of Corporations, for at least six months prior to the solicitation ’s due date.
Check one of the following:
The Vendor certifies that it has a principal place of business location (also known as the nerve
center) within Broward County, as documented in Florida Department of State Division of Corporations (Sunbiz), and attests to the following statements:
1. Vendor ’s address listed in its submittal is its principal place of business as defined by Broward County;
2. Vendor ’s “Principal Address” listed with the Florida Department of State Division of Corporations is the same as the address listed in its submittal and the address was listed for at least six months prior to the solicitation ’s opening date. A copy of Florida Department of State Division of Corporations (Sunbiz) is attached as verification.
3. Vendor must be located at the listed “nerve center” address (“Principal Address”) for at least six (6) months prior to the solicitation ’s opening date;
4. Vendor has not merged with another firm within the last six months that is not headquartered in Broward County and is not a wholly owned subsidiary or a holding company of another firm that is not headquartered in Broward County;
5. If awarded a contract, it is the intent of the Vendor to remain at the referenced address for the duration of the contract term, including any renewals, extensions or any approved interim contracts for the services provided under this contract; and
6. The Vendor understands that if after contract award, the County learns that the attestation was erroneous, and upon investigation determines that the error was willful or intentional on the part of the Vendor, the County may, on that basis exercise any contractual right to terminate the contract. Further any misleading, inaccurate, false information or documentation submitted by any party affiliated with this procurement may lead to suspension and/or debarment from doing business with Broward County as outlined in the Procurement Code, Section 21.119.
If the Vendor is submitting a response as a Joint Venture, the following information is required to be submitted:
a. Name of the Joint Venture Partnershipb. Percentage of Equity for all Joint Venture Partnersc. A copy of the executed Agreement(s) between the Joint Venture Partners
Vendor does not have a principal place of business location (also known as the nerve center)
within Broward County.
Vendor Information:
Vendor Name: Hensel Phelps
Vendor ’s address listed in its submittal is:
100 NE 3rd Ave., Ste. 440
Ft. Lauderdale, FL 33301
The signature below must be by an individual authorized to bind the Vendor. The signature below is an attestation that all information listed above and provided to Broward County is true and accurate.
Supplier: Hensel Phelps
Richard Cohen Operations Manager Hensel Phelps 2/2/18
Authorized Signature/Name
Title Vendor Name Date
PNC2115316P1Broward County Board ofCounty Commissioners
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RFP-RFQ-RLI LOCATION ATTESTATION FORM (EVALUATION CRITERIA)
The completed and signed form and supporting information (if applicable, for Joint Ventures) should be returned with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit this form and supporting information may affect the Vendor ’s evaluation. Provided information is subject to verification by the County.
A Vendor ’s principal place of business location (also known as the nerve center) within Broward County is considered in accordance with Evaluation Criteria. The County ’s definition of a principal place of business is:
1. As defined by the Broward County Local Preference Ordinance, “Principal place of business means the nerve center or center of overall direction, control and coordination of the activities of the bidder [Vendor]. If the bidder has only one (1) business location, such business location shall be considered its principal place of business.”
2. A principal place of business refers to the place where a corporation's officers direct, control, and coordinate the corporation's day-to-day activities. It is the corporation's ‘nerve center ’ and in practice it should normally be the place where the corporation maintains its headquarters; provided that the headquarters is the actual center of direction, control, and coordination, i.e., the ‘nerve center ’, and not simply an office where the corporation holds its board meetings (for example, attended by directors and officers who have traveled there for the occasion).
The Vendor ’s principal place of business in Broward County shall be the Vendor ’s “Principal Address” as indicated with the Florida Department of State Division of Corporations, for at least six months prior to the solicitation ’s due date.
Check one of the following:
The Vendor certifies that it has a principal place of business location (also known as the nerve
center) within Broward County, as documented in Florida Department of State Division of Corporations (Sunbiz), and attests to the following statements:
1. Vendor ’s address listed in its submittal is its principal place of business as defined by Broward County;
2. Vendor ’s “Principal Address” listed with the Florida Department of State Division of Corporations is the same as the address listed in its submittal and the address was listed for at least six months prior to the solicitation ’s opening date. A copy of Florida Department of State Division of Corporations (Sunbiz) is attached as verification.
3. Vendor must be located at the listed “nerve center” address (“Principal Address”) for at least six (6) months prior to the solicitation ’s opening date;
4. Vendor has not merged with another firm within the last six months that is not headquartered in Broward County and is not a wholly owned subsidiary or a holding company of another firm that is not headquartered in Broward County;
5. If awarded a contract, it is the intent of the Vendor to remain at the referenced address for the duration of the contract term, including any renewals, extensions or any approved interim contracts for the services provided under this contract; and
6. The Vendor understands that if after contract award, the County learns that the attestation was erroneous, and upon investigation determines that the error was willful or intentional on the part of the Vendor, the County may, on that basis exercise any contractual right to terminate the contract. Further any misleading, inaccurate, false information or documentation submitted by any party affiliated with this procurement may lead to suspension and/or debarment from doing business with Broward County as outlined in the Procurement Code, Section 21.119.
If the Vendor is submitting a response as a Joint Venture, the following information is required to be submitted:
a. Name of the Joint Venture Partnershipb. Percentage of Equity for all Joint Venture Partnersc. A copy of the executed Agreement(s) between the Joint Venture Partners
Vendor does not have a principal place of business location (also known as the nerve center)
within Broward County.
Vendor Information:
Vendor Name: Hensel Phelps
Vendor ’s address listed in its submittal is:
100 NE 3rd Ave., Ste. 440
Ft. Lauderdale, FL 33301
The signature below must be by an individual authorized to bind the Vendor. The signature below is an attestation that all information listed above and provided to Broward County is true and accurate.
Supplier: Hensel Phelps
Richard Cohen Operations Manager Hensel Phelps 2/2/18
Authorized Signature/Name
Title Vendor Name Date
PNC2115316P1Broward County Board ofCounty Commissioners
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Office of Economic and Small Business Requirements: CBE Goal ParticipationA. In accordance with Broward County Business Opportunity Act of 2012, Ordinance No. 2012-33,
Broward County Code of Ordinances, the County Business Enterprise (CBE) Program is applicable to this contract. All Vendors responding to this solicitation should utilize, or attempt to utilize, CBE firms to perform at least the assigned participation goal for this contract.
B. CBE Program Requirements: Compliance with CBE participation goal requirements is a matter of responsibility; required forms and information should be submitted with solicitation submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of the Office of Economic and Small Business Development ’s (OESBD) request. Vendor may be deemed non-responsible for failure to fully comply within stated timeframes.
1. Vendor should include in its solicitation submittal a Letter Of Intent Between
Bidder/Offeror and County Business Enterprise (CBE) Subcontractor/Supplier, for each certified CBE firm the Vendor intends to use to achieve the assigned CBE participation goal.
2. If a Vendor is unable to attain the CBE participation goal, the Vendor should include in its solicitation submittal Application for Evaluation of Good Faith Effort and all of the
required supporting information.
C. The Vendor shall only address the base solicitation amount for CBE goal participation. No alternate/optional item(s) shall be addressed. If the County chooses to exercise the right to award alternate/optional solicitation item(s), the CBE participation goal for this solicitation shall apply to the alternate/optional item(s) recommended to be awarded. The County shall issue a notice to the apparent successful Vendor requiring the Vendor to comply with the CBE participation goal for the alternate/optional item(s); Vendor shall submit all required forms prior to award. Failure to submit the required forms may result in rejection of the solicitation.
D. The Office of Economic and Small Business Development maintains an on-line directory of CBE f i r m s . T h e o n -l i n e d i r e c t o r y i s a v a i l a b l e f o r u s e b y V e n d o r s a t https://webapps4.broward.org/smallbusiness/sbdirectory.aspx
E. For detailed information regarding the County Business Enterprise Program contact the Office of Economic and Small Business Development at (954) 357-6400 or visit the website at: http://www.broward.org/EconDev/SmallBusiness/
F. Requirements for Contracts with CBE Goals: if awarded the contract, the Vendor agrees to and shall comply with all applicable requirements of the CBE Program in the award and administration of the contract.
1. No party to this contract may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this contract.
2. Vendor shall comply with all applicable requirements of the Broward County Small Business Development Program in the award and administration of this contract. Failure by Vendor to carry out any of these requirements shall constitute a material breach of this contract, which shall permit County to terminate this contract or to exercise any other remedy provided under this contract, under the Broward County Code of Ordinances, or Administrative Code, or under applicable law, with all of such remedies being cumulative.
3. Vendor shall pay its CBE subcontractors and suppliers, within fifteen (15) days following receipt of payment from County for such subcontracted work and pay all other subcontractors and suppliers within thirty (30) days following receipt of payment from County for such subcontracted work or supplies. If Vendor withholds an amount from CBE subcontractors or suppliers as retainage, such retainage shall be released and paid within fifteen (15) days following receipt of payment of retained amounts from County. For all other subcontractors or suppliers, if Vendor withholds an amount as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from County.
4. Vendor understands that the County will monitor compliance with the CBE requirements. Vendor must report monthly on its CBE participation commitment with its pay requests and is required as a condition of payment.
Supplier: Hensel Phelps
LETTER OF INTENT BETWEEN BIDDER/OFFEROR AND COUNTY BUSINESS
ENTERPRISE (CBE) SUBCONTRACTOR/SUPPLIER
This form(s) should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. This form is to be completed and signed for each CBE firm. Vendor should scan and upload the completed, signed form(s) in BidSync.
Solicitation Number: PNC2115316P1 Project Title: FLL Welcome Sign and Broward County
Logo Sign
Bidder/Offeror
Name:
Hensel Phelps
Address: 100 NE 3rd Ave., Ste. 440 City: Ft. Lauderdale State: Florida Zip: 33301
AuthorizedRepresentat ive:
Richard Cohen Phone: 954.447.0000
CBE Subcontractor/Supplier
Name:
Big Dog Construction Services, Inc.
Address: 3730 Coconut Creek
Parkway, Suite 180City: Coconut
CreekState: FL Zip: 33066
AuthorizedRepresentat ive:
David Rosenof Phone: 954.757.8015
A. This is a letter of intent between the bidder/offeror on this project and a CBE firm for theCBE to perform subcontracting work on this project.
B. By signing below, the bidder/offeror is committ ing to uti l ize the above-named CBE toperform the work described below.
C. By signing below, the above-named CBE is committ ing to perform the work describedbelow.
D. By signing below, the bidder/offeror and CBE aff irm that i f the CBE subcontracts any of thework described below, it may only subcontract that work to another CBE.
Work to be performed by CBE Firm
Descr ipt ion NAICS
Demolition/Patching/Hoisting/Work Access 236220 61,000.00 10%
AFFIRMATION: I hereby affi rm that the information above is true and correct.
David Rosenof (See uploaded CBE file for
signature)
President 2/2/18
(Signature) (Ti t le) (Date)
Bidder/Offeror Authorized Representative
Richard Cohen (See uploaded CBE file for
signature)
Operations Manager 2/2/18
(Signature) (Ti t le) (Date)
In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and
Affirmation shall be null and void.
APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT
PURSUANT TO BUSINESS OPPORTUNITY ACT OF 2012, Sec. 1-81.5(e)
If applicable, this form and supporting documentation should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. Vendor should scan and upload the supporting documentation in BidSync.
PNC2115316P1 FLL Welcome Sign and Broward County Logo Sign
ADDRESS TELEPHONE
The undersigned representative of the prime contractor represents that his/her firm has contacted County Business Enterprise (CBE) certif ied firms in a good faith effort to meet the CBE goal for this solicitation but has not been able to meet the goal. Consistent with the requirements of the Business Opportunity Act of 2012 (the Act), the prime contractor hereby submits documentation (attached to this form) of good faith efforts made and requests to be evaluated under Section 1-81.5(e) of the Act.
The prime contractor understands that a determination of good faith effort to meet the CBE contract participation goal is contingent on both the information provided by the prime contractor as an attachment to this application and the other factors listed in Section 1-81.5(e) of the CBE Act, as those factors are applicable with respect to this solicitation. The prime contractor acknowledges that the determination of good faith effort is made by the Director of the Office of Economic and Small Business Development, and is not subject to appeal.
* CBE Contract
Amount†
CBE Percentage of
Total Project Value
CBE Subcontractor/Supplier Authorized Representative
* Visit http://www.census.gov/eos/www/naics/ to search. Match type of work with NAICS code as closely as possible.† To be provided only when the solicitation requires that bidder/offer include a dollar amount in its bid-offer.
SOLCITATION NO.: PROJECT NAME:
PRIME CONTRACTOR
SIGNATURE:
PRINT NAME / TITLE:
DATE:
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 153
5
6
Office of Economic and Small Business Requirements: CBE Goal ParticipationA. In accordance with Broward County Business Opportunity Act of 2012, Ordinance No. 2012-33,
Broward County Code of Ordinances, the County Business Enterprise (CBE) Program is applicable to this contract. All Vendors responding to this solicitation should utilize, or attempt to utilize, CBE firms to perform at least the assigned participation goal for this contract.
B. CBE Program Requirements: Compliance with CBE participation goal requirements is a matter of responsibility; required forms and information should be submitted with solicitation submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of the Office of Economic and Small Business Development ’s (OESBD) request. Vendor may be deemed non-responsible for failure to fully comply within stated timeframes.
1. Vendor should include in its solicitation submittal a Letter Of Intent Between
Bidder/Offeror and County Business Enterprise (CBE) Subcontractor/Supplier, for each certified CBE firm the Vendor intends to use to achieve the assigned CBE participation goal.
2. If a Vendor is unable to attain the CBE participation goal, the Vendor should include in its solicitation submittal Application for Evaluation of Good Faith Effort and all of the
required supporting information.
C. The Vendor shall only address the base solicitation amount for CBE goal participation. No alternate/optional item(s) shall be addressed. If the County chooses to exercise the right to award alternate/optional solicitation item(s), the CBE participation goal for this solicitation shall apply to the alternate/optional item(s) recommended to be awarded. The County shall issue a notice to the apparent successful Vendor requiring the Vendor to comply with the CBE participation goal for the alternate/optional item(s); Vendor shall submit all required forms prior to award. Failure to submit the required forms may result in rejection of the solicitation.
D. The Office of Economic and Small Business Development maintains an on-line directory of CBE f i r m s . T h e o n -l i n e d i r e c t o r y i s a v a i l a b l e f o r u s e b y V e n d o r s a t https://webapps4.broward.org/smallbusiness/sbdirectory.aspx
E. For detailed information regarding the County Business Enterprise Program contact the Office of Economic and Small Business Development at (954) 357-6400 or visit the website at: http://www.broward.org/EconDev/SmallBusiness/
F. Requirements for Contracts with CBE Goals: if awarded the contract, the Vendor agrees to and shall comply with all applicable requirements of the CBE Program in the award and administration of the contract.
1. No party to this contract may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this contract.
2. Vendor shall comply with all applicable requirements of the Broward County Small Business Development Program in the award and administration of this contract. Failure by Vendor to carry out any of these requirements shall constitute a material breach of this contract, which shall permit County to terminate this contract or to exercise any other remedy provided under this contract, under the Broward County Code of Ordinances, or Administrative Code, or under applicable law, with all of such remedies being cumulative.
3. Vendor shall pay its CBE subcontractors and suppliers, within fifteen (15) days following receipt of payment from County for such subcontracted work and pay all other subcontractors and suppliers within thirty (30) days following receipt of payment from County for such subcontracted work or supplies. If Vendor withholds an amount from CBE subcontractors or suppliers as retainage, such retainage shall be released and paid within fifteen (15) days following receipt of payment of retained amounts from County. For all other subcontractors or suppliers, if Vendor withholds an amount as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from County.
4. Vendor understands that the County will monitor compliance with the CBE requirements. Vendor must report monthly on its CBE participation commitment with its pay requests and is required as a condition of payment.
Supplier: Hensel Phelps
LETTER OF INTENT BETWEEN BIDDER/OFFEROR AND COUNTY BUSINESS
ENTERPRISE (CBE) SUBCONTRACTOR/SUPPLIER
This form(s) should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. This form is to be completed and signed for each CBE firm. Vendor should scan and upload the completed, signed form(s) in BidSync.
Solicitation Number: PNC2115316P1 Project Title: FLL Welcome Sign and Broward County
Logo Sign
Bidder/Offeror
Name:
Hensel Phelps
Address: 100 NE 3rd Ave., Ste. 440 City: Ft. Lauderdale State: Florida Zip: 33301
AuthorizedRepresentat ive:
Richard Cohen Phone: 954.447.0000
CBE Subcontractor/Supplier
Name:
Big Dog Construction Services, Inc.
Address: 3730 Coconut Creek
Parkway, Suite 180City: Coconut
CreekState: FL Zip: 33066
AuthorizedRepresentat ive:
David Rosenof Phone: 954.757.8015
A. This is a letter of intent between the bidder/offeror on this project and a CBE firm for theCBE to perform subcontracting work on this project.
B. By signing below, the bidder/offeror is committ ing to uti l ize the above-named CBE toperform the work described below.
C. By signing below, the above-named CBE is committ ing to perform the work describedbelow.
D. By signing below, the bidder/offeror and CBE aff irm that i f the CBE subcontracts any of thework described below, it may only subcontract that work to another CBE.
Work to be performed by CBE Firm
Descr ipt ion NAICS
Demolition/Patching/Hoisting/Work Access 236220 61,000.00 10%
AFFIRMATION: I hereby affi rm that the information above is true and correct.
David Rosenof (See uploaded CBE file for
signature)
President 2/2/18
(Signature) (Ti t le) (Date)
Bidder/Offeror Authorized Representative
Richard Cohen (See uploaded CBE file for
signature)
Operations Manager 2/2/18
(Signature) (Ti t le) (Date)
In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and
Affirmation shall be null and void.
APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT
PURSUANT TO BUSINESS OPPORTUNITY ACT OF 2012, Sec. 1-81.5(e)
If applicable, this form and supporting documentation should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. Vendor should scan and upload the supporting documentation in BidSync.
PNC2115316P1 FLL Welcome Sign and Broward County Logo Sign
ADDRESS TELEPHONE
The undersigned representative of the prime contractor represents that his/her firm has contacted County Business Enterprise (CBE) certif ied firms in a good faith effort to meet the CBE goal for this solicitation but has not been able to meet the goal. Consistent with the requirements of the Business Opportunity Act of 2012 (the Act), the prime contractor hereby submits documentation (attached to this form) of good faith efforts made and requests to be evaluated under Section 1-81.5(e) of the Act.
The prime contractor understands that a determination of good faith effort to meet the CBE contract participation goal is contingent on both the information provided by the prime contractor as an attachment to this application and the other factors listed in Section 1-81.5(e) of the CBE Act, as those factors are applicable with respect to this solicitation. The prime contractor acknowledges that the determination of good faith effort is made by the Director of the Office of Economic and Small Business Development, and is not subject to appeal.
* CBE Contract
Amount†
CBE Percentage of
Total Project Value
CBE Subcontractor/Supplier Authorized Representative
* Visit http://www.census.gov/eos/www/naics/ to search. Match type of work with NAICS code as closely as possible.† To be provided only when the solicitation requires that bidder/offer include a dollar amount in its bid-offer.
SOLCITATION NO.: PROJECT NAME:
PRIME CONTRACTOR
SIGNATURE:
PRINT NAME / TITLE:
DATE:
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 154
5
6
Office of Economic and Small Business Requirements: CBE Goal ParticipationA. In accordance with Broward County Business Opportunity Act of 2012, Ordinance No. 2012-33,
Broward County Code of Ordinances, the County Business Enterprise (CBE) Program is applicable to this contract. All Vendors responding to this solicitation should utilize, or attempt to utilize, CBE firms to perform at least the assigned participation goal for this contract.
B. CBE Program Requirements: Compliance with CBE participation goal requirements is a matter of responsibility; required forms and information should be submitted with solicitation submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of the Office of Economic and Small Business Development ’s (OESBD) request. Vendor may be deemed non-responsible for failure to fully comply within stated timeframes.
1. Vendor should include in its solicitation submittal a Letter Of Intent Between
Bidder/Offeror and County Business Enterprise (CBE) Subcontractor/Supplier, for each certified CBE firm the Vendor intends to use to achieve the assigned CBE participation goal.
2. If a Vendor is unable to attain the CBE participation goal, the Vendor should include in its solicitation submittal Application for Evaluation of Good Faith Effort and all of the
required supporting information.
C. The Vendor shall only address the base solicitation amount for CBE goal participation. No alternate/optional item(s) shall be addressed. If the County chooses to exercise the right to award alternate/optional solicitation item(s), the CBE participation goal for this solicitation shall apply to the alternate/optional item(s) recommended to be awarded. The County shall issue a notice to the apparent successful Vendor requiring the Vendor to comply with the CBE participation goal for the alternate/optional item(s); Vendor shall submit all required forms prior to award. Failure to submit the required forms may result in rejection of the solicitation.
D. The Office of Economic and Small Business Development maintains an on-line directory of CBE f i r m s . T h e o n -l i n e d i r e c t o r y i s a v a i l a b l e f o r u s e b y V e n d o r s a t https://webapps4.broward.org/smallbusiness/sbdirectory.aspx
E. For detailed information regarding the County Business Enterprise Program contact the Office of Economic and Small Business Development at (954) 357-6400 or visit the website at: http://www.broward.org/EconDev/SmallBusiness/
F. Requirements for Contracts with CBE Goals: if awarded the contract, the Vendor agrees to and shall comply with all applicable requirements of the CBE Program in the award and administration of the contract.
1. No party to this contract may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this contract.
2. Vendor shall comply with all applicable requirements of the Broward County Small Business Development Program in the award and administration of this contract. Failure by Vendor to carry out any of these requirements shall constitute a material breach of this contract, which shall permit County to terminate this contract or to exercise any other remedy provided under this contract, under the Broward County Code of Ordinances, or Administrative Code, or under applicable law, with all of such remedies being cumulative.
3. Vendor shall pay its CBE subcontractors and suppliers, within fifteen (15) days following receipt of payment from County for such subcontracted work and pay all other subcontractors and suppliers within thirty (30) days following receipt of payment from County for such subcontracted work or supplies. If Vendor withholds an amount from CBE subcontractors or suppliers as retainage, such retainage shall be released and paid within fifteen (15) days following receipt of payment of retained amounts from County. For all other subcontractors or suppliers, if Vendor withholds an amount as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from County.
4. Vendor understands that the County will monitor compliance with the CBE requirements. Vendor must report monthly on its CBE participation commitment with its pay requests and is required as a condition of payment.
Supplier: Hensel Phelps
LETTER OF INTENT BETWEEN BIDDER/OFFEROR AND COUNTY BUSINESS
ENTERPRISE (CBE) SUBCONTRACTOR/SUPPLIER
This form(s) should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. This form is to be completed and signed for each CBE firm. Vendor should scan and upload the completed, signed form(s) in BidSync.
Solicitation Number: PNC2115316P1 Project Title: FLL Welcome Sign and Broward County
Logo Sign
Bidder/Offeror
Name:
Hensel Phelps
Address: 100 NE 3rd Ave., Ste. 440 City: Ft. Lauderdale State: Florida Zip: 33301
AuthorizedRepresentat ive:
Richard Cohen Phone: 954.447.0000
CBE Subcontractor/Supplier
Name:
Big Dog Construction Services, Inc.
Address: 3730 Coconut Creek
Parkway, Suite 180City: Coconut
CreekState: FL Zip: 33066
AuthorizedRepresentat ive:
David Rosenof Phone: 954.757.8015
A. This is a letter of intent between the bidder/offeror on this project and a CBE firm for theCBE to perform subcontracting work on this project.
B. By signing below, the bidder/offeror is committ ing to uti l ize the above-named CBE toperform the work described below.
C. By signing below, the above-named CBE is committ ing to perform the work describedbelow.
D. By signing below, the bidder/offeror and CBE aff irm that i f the CBE subcontracts any of thework described below, it may only subcontract that work to another CBE.
Work to be performed by CBE Firm
Descr ipt ion NAICS
Demolition/Patching/Hoisting/Work Access 236220 61,000.00 10%
AFFIRMATION: I hereby affi rm that the information above is true and correct.
David Rosenof (See uploaded CBE file for
signature)
President 2/2/18
(Signature) (Ti t le) (Date)
Bidder/Offeror Authorized Representative
Richard Cohen (See uploaded CBE file for
signature)
Operations Manager 2/2/18
(Signature) (Ti t le) (Date)
In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and
Affirmation shall be null and void.
APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT
PURSUANT TO BUSINESS OPPORTUNITY ACT OF 2012, Sec. 1-81.5(e)
If applicable, this form and supporting documentation should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. Vendor should scan and upload the supporting documentation in BidSync.
PNC2115316P1 FLL Welcome Sign and Broward County Logo Sign
ADDRESS TELEPHONE
The undersigned representative of the prime contractor represents that his/her firm has contacted County Business Enterprise (CBE) certif ied firms in a good faith effort to meet the CBE goal for this solicitation but has not been able to meet the goal. Consistent with the requirements of the Business Opportunity Act of 2012 (the Act), the prime contractor hereby submits documentation (attached to this form) of good faith efforts made and requests to be evaluated under Section 1-81.5(e) of the Act.
The prime contractor understands that a determination of good faith effort to meet the CBE contract participation goal is contingent on both the information provided by the prime contractor as an attachment to this application and the other factors listed in Section 1-81.5(e) of the CBE Act, as those factors are applicable with respect to this solicitation. The prime contractor acknowledges that the determination of good faith effort is made by the Director of the Office of Economic and Small Business Development, and is not subject to appeal.
* CBE Contract
Amount†
CBE Percentage of
Total Project Value
CBE Subcontractor/Supplier Authorized Representative
* Visit http://www.census.gov/eos/www/naics/ to search. Match type of work with NAICS code as closely as possible.† To be provided only when the solicitation requires that bidder/offer include a dollar amount in its bid-offer.
SOLCITATION NO.: PROJECT NAME:
PRIME CONTRACTOR
SIGNATURE:
PRINT NAME / TITLE:
DATE:
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 155
5
6
Office of Economic and Small Business Requirements: CBE Goal ParticipationA. In accordance with Broward County Business Opportunity Act of 2012, Ordinance No. 2012-33,
Broward County Code of Ordinances, the County Business Enterprise (CBE) Program is applicable to this contract. All Vendors responding to this solicitation should utilize, or attempt to utilize, CBE firms to perform at least the assigned participation goal for this contract.
B. CBE Program Requirements: Compliance with CBE participation goal requirements is a matter of responsibility; required forms and information should be submitted with solicitation submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of the Office of Economic and Small Business Development ’s (OESBD) request. Vendor may be deemed non-responsible for failure to fully comply within stated timeframes.
1. Vendor should include in its solicitation submittal a Letter Of Intent Between
Bidder/Offeror and County Business Enterprise (CBE) Subcontractor/Supplier, for each certified CBE firm the Vendor intends to use to achieve the assigned CBE participation goal.
2. If a Vendor is unable to attain the CBE participation goal, the Vendor should include in its solicitation submittal Application for Evaluation of Good Faith Effort and all of the
required supporting information.
C. The Vendor shall only address the base solicitation amount for CBE goal participation. No alternate/optional item(s) shall be addressed. If the County chooses to exercise the right to award alternate/optional solicitation item(s), the CBE participation goal for this solicitation shall apply to the alternate/optional item(s) recommended to be awarded. The County shall issue a notice to the apparent successful Vendor requiring the Vendor to comply with the CBE participation goal for the alternate/optional item(s); Vendor shall submit all required forms prior to award. Failure to submit the required forms may result in rejection of the solicitation.
D. The Office of Economic and Small Business Development maintains an on-line directory of CBE f i r m s . T h e o n -l i n e d i r e c t o r y i s a v a i l a b l e f o r u s e b y V e n d o r s a t https://webapps4.broward.org/smallbusiness/sbdirectory.aspx
E. For detailed information regarding the County Business Enterprise Program contact the Office of Economic and Small Business Development at (954) 357-6400 or visit the website at: http://www.broward.org/EconDev/SmallBusiness/
F. Requirements for Contracts with CBE Goals: if awarded the contract, the Vendor agrees to and shall comply with all applicable requirements of the CBE Program in the award and administration of the contract.
1. No party to this contract may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this contract.
2. Vendor shall comply with all applicable requirements of the Broward County Small Business Development Program in the award and administration of this contract. Failure by Vendor to carry out any of these requirements shall constitute a material breach of this contract, which shall permit County to terminate this contract or to exercise any other remedy provided under this contract, under the Broward County Code of Ordinances, or Administrative Code, or under applicable law, with all of such remedies being cumulative.
3. Vendor shall pay its CBE subcontractors and suppliers, within fifteen (15) days following receipt of payment from County for such subcontracted work and pay all other subcontractors and suppliers within thirty (30) days following receipt of payment from County for such subcontracted work or supplies. If Vendor withholds an amount from CBE subcontractors or suppliers as retainage, such retainage shall be released and paid within fifteen (15) days following receipt of payment of retained amounts from County. For all other subcontractors or suppliers, if Vendor withholds an amount as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from County.
4. Vendor understands that the County will monitor compliance with the CBE requirements. Vendor must report monthly on its CBE participation commitment with its pay requests and is required as a condition of payment.
Supplier: Hensel Phelps
LETTER OF INTENT BETWEEN BIDDER/OFFEROR AND COUNTY BUSINESS
ENTERPRISE (CBE) SUBCONTRACTOR/SUPPLIER
This form(s) should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. This form is to be completed and signed for each CBE firm. Vendor should scan and upload the completed, signed form(s) in BidSync.
Solicitation Number: PNC2115316P1 Project Title: FLL Welcome Sign and Broward County
Logo Sign
Bidder/Offeror
Name:
Hensel Phelps
Address: 100 NE 3rd Ave., Ste. 440 City: Ft. Lauderdale State: Florida Zip: 33301
AuthorizedRepresentat ive:
Richard Cohen Phone: 954.447.0000
CBE Subcontractor/Supplier
Name:
Big Dog Construction Services, Inc.
Address: 3730 Coconut Creek
Parkway, Suite 180City: Coconut
CreekState: FL Zip: 33066
AuthorizedRepresentat ive:
David Rosenof Phone: 954.757.8015
A. This is a letter of intent between the bidder/offeror on this project and a CBE firm for theCBE to perform subcontracting work on this project.
B. By signing below, the bidder/offeror is committ ing to uti l ize the above-named CBE toperform the work described below.
C. By signing below, the above-named CBE is committ ing to perform the work describedbelow.
D. By signing below, the bidder/offeror and CBE aff irm that i f the CBE subcontracts any of thework described below, it may only subcontract that work to another CBE.
Work to be performed by CBE Firm
Descr ipt ion NAICS
Demolition/Patching/Hoisting/Work Access 236220 61,000.00 10%
AFFIRMATION: I hereby affi rm that the information above is true and correct.
David Rosenof (See uploaded CBE file for
signature)
President 2/2/18
(Signature) (Ti t le) (Date)
Bidder/Offeror Authorized Representative
Richard Cohen (See uploaded CBE file for
signature)
Operations Manager 2/2/18
(Signature) (Ti t le) (Date)
In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and
Affirmation shall be null and void.
APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT
PURSUANT TO BUSINESS OPPORTUNITY ACT OF 2012, Sec. 1-81.5(e)
If applicable, this form and supporting documentation should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. Vendor should scan and upload the supporting documentation in BidSync.
PNC2115316P1 FLL Welcome Sign and Broward County Logo Sign
ADDRESS TELEPHONE
The undersigned representative of the prime contractor represents that his/her firm has contacted County Business Enterprise (CBE) certif ied firms in a good faith effort to meet the CBE goal for this solicitation but has not been able to meet the goal. Consistent with the requirements of the Business Opportunity Act of 2012 (the Act), the prime contractor hereby submits documentation (attached to this form) of good faith efforts made and requests to be evaluated under Section 1-81.5(e) of the Act.
The prime contractor understands that a determination of good faith effort to meet the CBE contract participation goal is contingent on both the information provided by the prime contractor as an attachment to this application and the other factors listed in Section 1-81.5(e) of the CBE Act, as those factors are applicable with respect to this solicitation. The prime contractor acknowledges that the determination of good faith effort is made by the Director of the Office of Economic and Small Business Development, and is not subject to appeal.
* CBE Contract
Amount†
CBE Percentage of
Total Project Value
CBE Subcontractor/Supplier Authorized Representative
* Visit http://www.census.gov/eos/www/naics/ to search. Match type of work with NAICS code as closely as possible.† To be provided only when the solicitation requires that bidder/offer include a dollar amount in its bid-offer.
SOLCITATION NO.: PROJECT NAME:
PRIME CONTRACTOR
SIGNATURE:
PRINT NAME / TITLE:
DATE:
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 156
5
6
Office of Economic and Small Business Requirements: CBE Goal ParticipationA. In accordance with Broward County Business Opportunity Act of 2012, Ordinance No. 2012-33,
Broward County Code of Ordinances, the County Business Enterprise (CBE) Program is applicable to this contract. All Vendors responding to this solicitation should utilize, or attempt to utilize, CBE firms to perform at least the assigned participation goal for this contract.
B. CBE Program Requirements: Compliance with CBE participation goal requirements is a matter of responsibility; required forms and information should be submitted with solicitation submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of the Office of Economic and Small Business Development ’s (OESBD) request. Vendor may be deemed non-responsible for failure to fully comply within stated timeframes.
1. Vendor should include in its solicitation submittal a Letter Of Intent Between
Bidder/Offeror and County Business Enterprise (CBE) Subcontractor/Supplier, for each certified CBE firm the Vendor intends to use to achieve the assigned CBE participation goal.
2. If a Vendor is unable to attain the CBE participation goal, the Vendor should include in its solicitation submittal Application for Evaluation of Good Faith Effort and all of the
required supporting information.
C. The Vendor shall only address the base solicitation amount for CBE goal participation. No alternate/optional item(s) shall be addressed. If the County chooses to exercise the right to award alternate/optional solicitation item(s), the CBE participation goal for this solicitation shall apply to the alternate/optional item(s) recommended to be awarded. The County shall issue a notice to the apparent successful Vendor requiring the Vendor to comply with the CBE participation goal for the alternate/optional item(s); Vendor shall submit all required forms prior to award. Failure to submit the required forms may result in rejection of the solicitation.
D. The Office of Economic and Small Business Development maintains an on-line directory of CBE f i r m s . T h e o n -l i n e d i r e c t o r y i s a v a i l a b l e f o r u s e b y V e n d o r s a t https://webapps4.broward.org/smallbusiness/sbdirectory.aspx
E. For detailed information regarding the County Business Enterprise Program contact the Office of Economic and Small Business Development at (954) 357-6400 or visit the website at: http://www.broward.org/EconDev/SmallBusiness/
F. Requirements for Contracts with CBE Goals: if awarded the contract, the Vendor agrees to and shall comply with all applicable requirements of the CBE Program in the award and administration of the contract.
1. No party to this contract may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this contract.
2. Vendor shall comply with all applicable requirements of the Broward County Small Business Development Program in the award and administration of this contract. Failure by Vendor to carry out any of these requirements shall constitute a material breach of this contract, which shall permit County to terminate this contract or to exercise any other remedy provided under this contract, under the Broward County Code of Ordinances, or Administrative Code, or under applicable law, with all of such remedies being cumulative.
3. Vendor shall pay its CBE subcontractors and suppliers, within fifteen (15) days following receipt of payment from County for such subcontracted work and pay all other subcontractors and suppliers within thirty (30) days following receipt of payment from County for such subcontracted work or supplies. If Vendor withholds an amount from CBE subcontractors or suppliers as retainage, such retainage shall be released and paid within fifteen (15) days following receipt of payment of retained amounts from County. For all other subcontractors or suppliers, if Vendor withholds an amount as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from County.
4. Vendor understands that the County will monitor compliance with the CBE requirements. Vendor must report monthly on its CBE participation commitment with its pay requests and is required as a condition of payment.
Supplier: Hensel Phelps
LETTER OF INTENT BETWEEN BIDDER/OFFEROR AND COUNTY BUSINESS
ENTERPRISE (CBE) SUBCONTRACTOR/SUPPLIER
This form(s) should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. This form is to be completed and signed for each CBE firm. Vendor should scan and upload the completed, signed form(s) in BidSync.
Solicitation Number: PNC2115316P1 Project Title: FLL Welcome Sign and Broward County
Logo Sign
Bidder/Offeror
Name:
Hensel Phelps
Address: 100 NE 3rd Ave., Ste. 440 City: Ft. Lauderdale State: Florida Zip: 33301
AuthorizedRepresentat ive:
Richard Cohen Phone: 954.447.0000
CBE Subcontractor/Supplier
Name:
Big Dog Construction Services, Inc.
Address: 3730 Coconut Creek
Parkway, Suite 180City: Coconut
CreekState: FL Zip: 33066
AuthorizedRepresentat ive:
David Rosenof Phone: 954.757.8015
A. This is a letter of intent between the bidder/offeror on this project and a CBE firm for theCBE to perform subcontracting work on this project.
B. By signing below, the bidder/offeror is committ ing to uti l ize the above-named CBE toperform the work described below.
C. By signing below, the above-named CBE is committ ing to perform the work describedbelow.
D. By signing below, the bidder/offeror and CBE aff irm that i f the CBE subcontracts any of thework described below, it may only subcontract that work to another CBE.
Work to be performed by CBE Firm
Descr ipt ion NAICS
Demolition/Patching/Hoisting/Work Access 236220 61,000.00 10%
AFFIRMATION: I hereby affi rm that the information above is true and correct.
David Rosenof (See uploaded CBE file for
signature)
President 2/2/18
(Signature) (Ti t le) (Date)
Bidder/Offeror Authorized Representative
Richard Cohen (See uploaded CBE file for
signature)
Operations Manager 2/2/18
(Signature) (Ti t le) (Date)
In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and
Affirmation shall be null and void.
APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT
PURSUANT TO BUSINESS OPPORTUNITY ACT OF 2012, Sec. 1-81.5(e)
If applicable, this form and supporting documentation should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. Vendor should scan and upload the supporting documentation in BidSync.
PNC2115316P1 FLL Welcome Sign and Broward County Logo Sign
ADDRESS TELEPHONE
The undersigned representative of the prime contractor represents that his/her firm has contacted County Business Enterprise (CBE) certif ied firms in a good faith effort to meet the CBE goal for this solicitation but has not been able to meet the goal. Consistent with the requirements of the Business Opportunity Act of 2012 (the Act), the prime contractor hereby submits documentation (attached to this form) of good faith efforts made and requests to be evaluated under Section 1-81.5(e) of the Act.
The prime contractor understands that a determination of good faith effort to meet the CBE contract participation goal is contingent on both the information provided by the prime contractor as an attachment to this application and the other factors listed in Section 1-81.5(e) of the CBE Act, as those factors are applicable with respect to this solicitation. The prime contractor acknowledges that the determination of good faith effort is made by the Director of the Office of Economic and Small Business Development, and is not subject to appeal.
* CBE Contract
Amount†
CBE Percentage of
Total Project Value
CBE Subcontractor/Supplier Authorized Representative
* Visit http://www.census.gov/eos/www/naics/ to search. Match type of work with NAICS code as closely as possible.† To be provided only when the solicitation requires that bidder/offer include a dollar amount in its bid-offer.
SOLCITATION NO.: PROJECT NAME:
PRIME CONTRACTOR
SIGNATURE:
PRINT NAME / TITLE:
DATE:
PNC2115316P1Broward County Board ofCounty Commissioners
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SUBCONTRACTORS/SUBCONSULTANTS/SUPPLIERS REQUIREMENT FORMRequest for Proposals, Request for Qualifications, or Request for Letters of Interest
The following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
A. The Vendor shall submit a listing of all subcontractors, subconsultants and major material suppliers (firms), if any, and the portion of the contract they will perform. A major material supplier is considered any firm that provides construction material for construction contracts, or commodities for service contracts in excess of $50,000, to the Vendor.
B. If participation goals apply to the contract, only non-certified firms shall be identified on the form. A non-certified firm is a firm that is not listed as a firm for attainment of participation goals (ex. County Business Enterprise or Disadvantaged Business Enterprise), if applicable to the solicitation.
C. This list shall be kept up -to-date for the duration of the contract. If subcontractors, subconsultants or suppliers are stated, this does not relieve the Vendor from the prime responsibility of full and complete satisfactory performance under any awarded contract.
D. After completion of the contract/final payment, the Vendor shall certify the final list of non-certified subcontractors, subconsultants, and suppliers that performed or provided services to the County for the referenced contract.
E. The Vendor has confirmed that none of the recommended subcontractors, subconsultants, or suppliers ’ principal(s), officer(s), affiliate(s) or any other related companies have been debarred from doing business with Broward County or any other governmental agency.
If none, state “none” on this form. Use additional sheets as needed. Vendor should scan and upload any additional form(s) in BidSync.
Supplier: Hensel Phelps
1. Subcontracted Firm’s Name: Baron Sign Manufacturing
Subcontracted Firm’s Address: 900 13th Street West, Riviera Beach, FL 33404
Subcontracted Firm’s Telephone Number: 561.863.7446
Contact Person’s Name and Position: Jerry Foland / President
Contact Person’s E-Mail Address: jerry@baronsign.com
Estimated Subcontract/Supplies Contract Amount: $350,000.00
Type of Work/Supplies Provided: Fabrication & Installation of New Signage
2. Subcontracted Firm’s Name: Ion Electric
Subcontracted Firm’s Address: 2001 North Andrews Ave., Pompano Beach, FL 33069
Subcontracted Firm’s Telephone Number: 954.434.7432
Contact Person’s Name and Position: Josh Rattner / Project Executive
Contact Person’s E-Mail Address: jrattner@ionelectricllc.com
PNC2115316P1Broward County Board ofCounty Commissioners
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VOLUME OF PREVIOUS WORK ATTESTATION FORM
The completed and signed form should be returned with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to provide timely may affect the Vendor ’s evaluation. This completed form must be included with the Vendor ’s submittal at the time of the opening deadline to be considered for a Tie Breaker criterion (if applicable).
The calculation for Volume of Previous Work is all amounts paid to the prime Vendor by Broward County Board of County Commissioners at the time of the solicitation opening date within a five-year timeframe. The calculation of Volume of Previous Work for a prime Vendor previously awarded a contract as a member of a Joint Venture firm is based on the actual equity ownership of the Joint Venture firm.
In accordance with Section 21.31.d. of the Broward County Procurement Code, the Vendor with the lowest dollar volume of work previously paid by the County over a five-year period from the date of the submittal opening will receive the Tie Breaker.
Vendor must list all projects it received payment from Broward County Board of County Commissioners during the past five years. If the Vendor is submitting as a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture. The Vendor attests to the following:
Has the Vendor been a member/partner of a Joint Venture firm that was awarded a contract by the
County? Yes No
If Yes, Vendor must submit a Joint Vendor Volume of Work Attestation Form.
Vendor Name: Hensel Phelps
VOLUME OF PREVIOUS WORK ATTESTATION JOINT VENTURE FORM
If applicable, this form and additional required documentation should be submitted with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit this form and supporting documentation may affect the Vendor ’s evaluation.
The calculation of Volume of Previous Work for a prime Vendor previously awarded a contract as a member of a Joint Venture firm is based on the actual equity ownership of the Joint Venture firm. Volume of Previous Work is not based on the total payments to the Joint Venture firm.
Vendor must list all projects it received payment from Broward County Board of County Commissioners during the past five years as a member of a Joint Venture. The Vendor attests to the following:
Vendor is required to submit an executed Joint Venture agreement(s) and any amendments for each project listed above. Each agreement must be executed prior to the opening date of this solicitation.
Vendor Name: Hensel Phelps
Supplier: Hensel Phelps
Item
No.
Project TitleSolicitation/
Contract
Number:
Department or
Division
Date
Awarded
Paid to Date
Dollar
Amount
1 N/A
2 N/A
3 N/A
4 N/A
5 N/A
Grand Total
Richard Cohen Operations Manager 2/2/18
Authorized Signature/ Name Title Date
Item
No.Project Title
Solicitation/
Contract
Number:
Department
or DivisionDate
Awarded
JV
Equity %
Paid to
Date
Dollar
Amount
1 N/A
2 N/A
3 N/A
4 N/A
5 N/A
Grand Total
Richard Cohen Operations Manager 2/2/18
Authorized Signature/ Name Title Date
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 159
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VOLUME OF PREVIOUS WORK ATTESTATION FORM
The completed and signed form should be returned with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to provide timely may affect the Vendor ’s evaluation. This completed form must be included with the Vendor ’s submittal at the time of the opening deadline to be considered for a Tie Breaker criterion (if applicable).
The calculation for Volume of Previous Work is all amounts paid to the prime Vendor by Broward County Board of County Commissioners at the time of the solicitation opening date within a five-year timeframe. The calculation of Volume of Previous Work for a prime Vendor previously awarded a contract as a member of a Joint Venture firm is based on the actual equity ownership of the Joint Venture firm.
In accordance with Section 21.31.d. of the Broward County Procurement Code, the Vendor with the lowest dollar volume of work previously paid by the County over a five-year period from the date of the submittal opening will receive the Tie Breaker.
Vendor must list all projects it received payment from Broward County Board of County Commissioners during the past five years. If the Vendor is submitting as a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture. The Vendor attests to the following:
Has the Vendor been a member/partner of a Joint Venture firm that was awarded a contract by the
County? Yes No
If Yes, Vendor must submit a Joint Vendor Volume of Work Attestation Form.
Vendor Name: Hensel Phelps
VOLUME OF PREVIOUS WORK ATTESTATION JOINT VENTURE FORM
If applicable, this form and additional required documentation should be submitted with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit this form and supporting documentation may affect the Vendor ’s evaluation.
The calculation of Volume of Previous Work for a prime Vendor previously awarded a contract as a member of a Joint Venture firm is based on the actual equity ownership of the Joint Venture firm. Volume of Previous Work is not based on the total payments to the Joint Venture firm.
Vendor must list all projects it received payment from Broward County Board of County Commissioners during the past five years as a member of a Joint Venture. The Vendor attests to the following:
Vendor is required to submit an executed Joint Venture agreement(s) and any amendments for each project listed above. Each agreement must be executed prior to the opening date of this solicitation.
Vendor Name: Hensel Phelps
Supplier: Hensel Phelps
Item
No.
Project TitleSolicitation/
Contract
Number:
Department or
Division
Date
Awarded
Paid to Date
Dollar
Amount
1 N/A
2 N/A
3 N/A
4 N/A
5 N/A
Grand Total
Richard Cohen Operations Manager 2/2/18
Authorized Signature/ Name Title Date
Item
No.Project Title
Solicitation/
Contract
Number:
Department
or DivisionDate
Awarded
JV
Equity %
Paid to
Date
Dollar
Amount
1 N/A
2 N/A
3 N/A
4 N/A
5 N/A
Grand Total
Richard Cohen Operations Manager 2/2/18
Authorized Signature/ Name Title Date
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 160
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VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:Hensel Phelps Construction Co.
2. Doing Business As/ Fictitious Name (if applicable):Hensel Phelps
3. Federal Employer I.D. no. (FEIN):84-0876644
4. Dun and Bradstreet No.:05-405-5293
5. Website address (if applicable): www.henselphelps.com
6. Principal place of business address: 420 Sixth Ave., Greeley, CO 80631-2332
7. Office location responsible for this project: 100 NE 3rd Ave., Ste. 440, Ft. Lauderdale, FL 33301
8. Telephone no.:354.447.0000 Fax no.:954.827.7770
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In) Deleware
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious name): N/A
11. List name and title of each principal, owner, officer, and major shareholder:
a) Jeffrey Wenaas - CEO
b) Michael Choutka - President & COO
c) Robert Majerus - VP & General Counsel
d) Jenny Scholz - VP & CFO
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name: Richard Cohen
Title: Operations Manager
E-mail: rcohen@henselphelps.com
Telephone No.: 954.447.0000
Name: Kirk Hazen
Title: Vice President / District Manager
E-mail: khazen@henselphelps.com
Telephone No.: 407.856.2400
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed
to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators, and Assistants to the County Administrator and their respective support staff or any person, including
Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:a. The dangers of drug abuse in the workplace;
b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition of employment on a covered contract, the employee shall:a. Abide by the terms of the statement; and
b. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace:
a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or other
appropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such
officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for
purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s) with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and 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 following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that
Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name: Hensel Phelps
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate as to Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written or otherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge that inaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify that the Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge and accept all of the solicitation pages as well as any special instructions sheet(s).
Supplier: Hensel Phelps
13. Has your firm, its principals, officers or predecessor organization(s) been debarred or suspended by any government entity within the last three years? If yes, specify details in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been debarred or suspended by any government entity? If yes, specify details in an attached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products during the last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers of another organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against your firm, its parent or subsidiaries or predecessor organizations during the last three
years? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or have Performance and/or Payment Bond claims been made to your firm or its predecessor's sureties during the last three years? If yes, specify details in an
attached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/or delivery of products during the last three (3) years? If yes, specify details in an
attached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? If
yes, specify details in an attached written response.Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are a
result of the Ordinance for this solicitation, provide the following for informational purposes only. Response is not considered in determining the award of this contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by% or decreased the pricing by%.
Richard Cohen Operations Manager 2/2/18
*AUTHORIZED SIGNATURE/NAME TITLE DATE
PNC2115316P1Broward County Board ofCounty Commissioners
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VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:Hensel Phelps Construction Co.
2. Doing Business As/ Fictitious Name (if applicable):Hensel Phelps
3. Federal Employer I.D. no. (FEIN):84-0876644
4. Dun and Bradstreet No.:05-405-5293
5. Website address (if applicable): www.henselphelps.com
6. Principal place of business address: 420 Sixth Ave., Greeley, CO 80631-2332
7. Office location responsible for this project: 100 NE 3rd Ave., Ste. 440, Ft. Lauderdale, FL 33301
8. Telephone no.:354.447.0000 Fax no.:954.827.7770
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In) Deleware
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious name): N/A
11. List name and title of each principal, owner, officer, and major shareholder:
a) Jeffrey Wenaas - CEO
b) Michael Choutka - President & COO
c) Robert Majerus - VP & General Counsel
d) Jenny Scholz - VP & CFO
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name: Richard Cohen
Title: Operations Manager
E-mail: rcohen@henselphelps.com
Telephone No.: 954.447.0000
Name: Kirk Hazen
Title: Vice President / District Manager
E-mail: khazen@henselphelps.com
Telephone No.: 407.856.2400
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed
to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators, and Assistants to the County Administrator and their respective support staff or any person, including
Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:a. The dangers of drug abuse in the workplace;
b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition of employment on a covered contract, the employee shall:a. Abide by the terms of the statement; and
b. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace:
a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or other
appropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such
officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for
purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s) with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and 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 following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that
Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name: Hensel Phelps
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate as to Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written or otherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge that inaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify that the Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge and accept all of the solicitation pages as well as any special instructions sheet(s).
Supplier: Hensel Phelps
13. Has your firm, its principals, officers or predecessor organization(s) been debarred or suspended by any government entity within the last three years? If yes, specify details in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been debarred or suspended by any government entity? If yes, specify details in an attached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products during the last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers of another organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against your firm, its parent or subsidiaries or predecessor organizations during the last three
years? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or have Performance and/or Payment Bond claims been made to your firm or its predecessor's sureties during the last three years? If yes, specify details in an
attached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/or delivery of products during the last three (3) years? If yes, specify details in an
attached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? If
yes, specify details in an attached written response.Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are a
result of the Ordinance for this solicitation, provide the following for informational purposes only. Response is not considered in determining the award of this contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by% or decreased the pricing by%.
Richard Cohen Operations Manager 2/2/18
*AUTHORIZED SIGNATURE/NAME TITLE DATE
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 162
5
6
3 4
VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:Hensel Phelps Construction Co.
2. Doing Business As/ Fictitious Name (if applicable):Hensel Phelps
3. Federal Employer I.D. no. (FEIN):84-0876644
4. Dun and Bradstreet No.:05-405-5293
5. Website address (if applicable): www.henselphelps.com
6. Principal place of business address: 420 Sixth Ave., Greeley, CO 80631-2332
7. Office location responsible for this project: 100 NE 3rd Ave., Ste. 440, Ft. Lauderdale, FL 33301
8. Telephone no.:354.447.0000 Fax no.:954.827.7770
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In) Deleware
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious name): N/A
11. List name and title of each principal, owner, officer, and major shareholder:
a) Jeffrey Wenaas - CEO
b) Michael Choutka - President & COO
c) Robert Majerus - VP & General Counsel
d) Jenny Scholz - VP & CFO
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name: Richard Cohen
Title: Operations Manager
E-mail: rcohen@henselphelps.com
Telephone No.: 954.447.0000
Name: Kirk Hazen
Title: Vice President / District Manager
E-mail: khazen@henselphelps.com
Telephone No.: 407.856.2400
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed
to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators, and Assistants to the County Administrator and their respective support staff or any person, including
Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:a. The dangers of drug abuse in the workplace;
b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition of employment on a covered contract, the employee shall:a. Abide by the terms of the statement; and
b. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace:
a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or other
appropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such
officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for
purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s) with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and 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 following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that
Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name: Hensel Phelps
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate as to Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written or otherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge that inaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify that the Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge and accept all of the solicitation pages as well as any special instructions sheet(s).
Supplier: Hensel Phelps
13. Has your firm, its principals, officers or predecessor organization(s) been debarred or suspended by any government entity within the last three years? If yes, specify details in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been debarred or suspended by any government entity? If yes, specify details in an attached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products during the last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers of another organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against your firm, its parent or subsidiaries or predecessor organizations during the last three
years? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or have Performance and/or Payment Bond claims been made to your firm or its predecessor's sureties during the last three years? If yes, specify details in an
attached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/or delivery of products during the last three (3) years? If yes, specify details in an
attached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? If
yes, specify details in an attached written response.Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are a
result of the Ordinance for this solicitation, provide the following for informational purposes only. Response is not considered in determining the award of this contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by% or decreased the pricing by%.
Richard Cohen Operations Manager 2/2/18
*AUTHORIZED SIGNATURE/NAME TITLE DATE
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 163
5
6
3 4
VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:Hensel Phelps Construction Co.
2. Doing Business As/ Fictitious Name (if applicable):Hensel Phelps
3. Federal Employer I.D. no. (FEIN):84-0876644
4. Dun and Bradstreet No.:05-405-5293
5. Website address (if applicable): www.henselphelps.com
6. Principal place of business address: 420 Sixth Ave., Greeley, CO 80631-2332
7. Office location responsible for this project: 100 NE 3rd Ave., Ste. 440, Ft. Lauderdale, FL 33301
8. Telephone no.:354.447.0000 Fax no.:954.827.7770
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In) Deleware
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious name): N/A
11. List name and title of each principal, owner, officer, and major shareholder:
a) Jeffrey Wenaas - CEO
b) Michael Choutka - President & COO
c) Robert Majerus - VP & General Counsel
d) Jenny Scholz - VP & CFO
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name: Richard Cohen
Title: Operations Manager
E-mail: rcohen@henselphelps.com
Telephone No.: 954.447.0000
Name: Kirk Hazen
Title: Vice President / District Manager
E-mail: khazen@henselphelps.com
Telephone No.: 407.856.2400
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed
to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators, and Assistants to the County Administrator and their respective support staff or any person, including
Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:a. The dangers of drug abuse in the workplace;
b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition of employment on a covered contract, the employee shall:a. Abide by the terms of the statement; and
b. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace:
a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or other
appropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such
officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for
purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s) with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and 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 following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that
Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name: Hensel Phelps
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate as to Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written or otherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge that inaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify that the Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge and accept all of the solicitation pages as well as any special instructions sheet(s).
Supplier: Hensel Phelps
13. Has your firm, its principals, officers or predecessor organization(s) been debarred or suspended by any government entity within the last three years? If yes, specify details in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been debarred or suspended by any government entity? If yes, specify details in an attached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products during the last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers of another organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against your firm, its parent or subsidiaries or predecessor organizations during the last three
years? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or have Performance and/or Payment Bond claims been made to your firm or its predecessor's sureties during the last three years? If yes, specify details in an
attached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/or delivery of products during the last three (3) years? If yes, specify details in an
attached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? If
yes, specify details in an attached written response.Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are a
result of the Ordinance for this solicitation, provide the following for informational purposes only. Response is not considered in determining the award of this contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by% or decreased the pricing by%.
Richard Cohen Operations Manager 2/2/18
*AUTHORIZED SIGNATURE/NAME TITLE DATE
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 164
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3 4
VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:Hensel Phelps Construction Co.
2. Doing Business As/ Fictitious Name (if applicable):Hensel Phelps
3. Federal Employer I.D. no. (FEIN):84-0876644
4. Dun and Bradstreet No.:05-405-5293
5. Website address (if applicable): www.henselphelps.com
6. Principal place of business address: 420 Sixth Ave., Greeley, CO 80631-2332
7. Office location responsible for this project: 100 NE 3rd Ave., Ste. 440, Ft. Lauderdale, FL 33301
8. Telephone no.:354.447.0000 Fax no.:954.827.7770
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In) Deleware
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious name): N/A
11. List name and title of each principal, owner, officer, and major shareholder:
a) Jeffrey Wenaas - CEO
b) Michael Choutka - President & COO
c) Robert Majerus - VP & General Counsel
d) Jenny Scholz - VP & CFO
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name: Richard Cohen
Title: Operations Manager
E-mail: rcohen@henselphelps.com
Telephone No.: 954.447.0000
Name: Kirk Hazen
Title: Vice President / District Manager
E-mail: khazen@henselphelps.com
Telephone No.: 407.856.2400
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed
to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators, and Assistants to the County Administrator and their respective support staff or any person, including
Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:a. The dangers of drug abuse in the workplace;
b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition of employment on a covered contract, the employee shall:a. Abide by the terms of the statement; and
b. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace:
a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or other
appropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such
officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for
purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s) with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and 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 following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that
Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name: Hensel Phelps
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate as to Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written or otherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge that inaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify that the Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge and accept all of the solicitation pages as well as any special instructions sheet(s).
Supplier: Hensel Phelps
13. Has your firm, its principals, officers or predecessor organization(s) been debarred or suspended by any government entity within the last three years? If yes, specify details in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been debarred or suspended by any government entity? If yes, specify details in an attached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products during the last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers of another organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against your firm, its parent or subsidiaries or predecessor organizations during the last three
years? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or have Performance and/or Payment Bond claims been made to your firm or its predecessor's sureties during the last three years? If yes, specify details in an
attached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/or delivery of products during the last three (3) years? If yes, specify details in an
attached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? If
yes, specify details in an attached written response.Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are a
result of the Ordinance for this solicitation, provide the following for informational purposes only. Response is not considered in determining the award of this contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by% or decreased the pricing by%.
Richard Cohen Operations Manager 2/2/18
*AUTHORIZED SIGNATURE/NAME TITLE DATE
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 165
5
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RFP-RLI-RFQ LOCAL PREFERENCE AND TIE BREAKER CERTIFICATION FORM
The completed and signed form should be returned with the Vendor ’s submittal to determine Local Preference eligibility, however it must be returned at time of solicitation submittal to qualify for the Tie Break criteria. If not provided with submittal, the Vendor must submit within three business days ofCounty ’s request for evaluation of Local Preference. Proof of a local business tax should be submitted with this form. Failure to timely submit this form or local business tax receipt may render the business ineligible for application of the Local Preference or Tie Break Criteria.
In accordance with Section 21.31.d. of the Broward County Procurement Code, to qualify for the Tie Break Criteria, the undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward County and:
a. has a valid Broward County local business tax receipt;
b. has been in existence for at least six-months prior to the solicitation opening;
c. at a business address physically located within Broward County;
d. in an area zoned for such business;
e. provides services from this location on a day-to-day basis, and
f. services provided from this location are a substantial component of the services offered in the Vendor's proposal.
In accordance with Local Preference, Section 1-74, et. seq.,Broward County Code of Ordinances, a local business meeting the below requirements is eligible for Local Preference. To qualify for the Local Preference, the undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward and:
a. has a valid Broward County local business tax receipt issued at least one year prior to solicitation opening;
b. has been in existence for at least one-year prior to the solicitation opening;
c. provides services on a day-to-day basis, at a business address physically located within the Broward County limits in an area zoned for such business; and
d. the services provided from this location are a substantial component of the services offered in the Vendor's proposal.
Local Business Address: 100 NE 3rd Ave., Ste. 440
Ft. Lauderdale, FL 33301
Vendor does not qualify for Tie Break Criteria or Local Preference, in accordance with the above requirements. The undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is not a local Vendor in Broward County.
Supplier: Hensel Phelps
Richard Cohen Operations
Manager
Hensel Phelps 2/2/18
AUTHORIZED SIGNATURE/ NAME TITLE COMPANY DATE
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 166
5
6
RFP-RLI-RFQ LOCAL PREFERENCE AND TIE BREAKER CERTIFICATION FORM
The completed and signed form should be returned with the Vendor ’s submittal to determine Local Preference eligibility, however it must be returned at time of solicitation submittal to qualify for the Tie Break criteria. If not provided with submittal, the Vendor must submit within three business days ofCounty ’s request for evaluation of Local Preference. Proof of a local business tax should be submitted with this form. Failure to timely submit this form or local business tax receipt may render the business ineligible for application of the Local Preference or Tie Break Criteria.
In accordance with Section 21.31.d. of the Broward County Procurement Code, to qualify for the Tie Break Criteria, the undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward County and:
a. has a valid Broward County local business tax receipt;
b. has been in existence for at least six-months prior to the solicitation opening;
c. at a business address physically located within Broward County;
d. in an area zoned for such business;
e. provides services from this location on a day-to-day basis, and
f. services provided from this location are a substantial component of the services offered in the Vendor's proposal.
In accordance with Local Preference, Section 1-74, et. seq.,Broward County Code of Ordinances, a local business meeting the below requirements is eligible for Local Preference. To qualify for the Local Preference, the undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward and:
a. has a valid Broward County local business tax receipt issued at least one year prior to solicitation opening;
b. has been in existence for at least one-year prior to the solicitation opening;
c. provides services on a day-to-day basis, at a business address physically located within the Broward County limits in an area zoned for such business; and
d. the services provided from this location are a substantial component of the services offered in the Vendor's proposal.
Local Business Address: 100 NE 3rd Ave., Ste. 440
Ft. Lauderdale, FL 33301
Vendor does not qualify for Tie Break Criteria or Local Preference, in accordance with the above requirements. The undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is not a local Vendor in Broward County.
Supplier: Hensel Phelps
Richard Cohen Operations
Manager
Hensel Phelps 2/2/18
AUTHORIZED SIGNATURE/ NAME TITLE COMPANY DATE
PNC2115316P1Broward County Board ofCounty Commissioners
BidSync2/8/2018 p. 167
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