Keyboard Enterable Version of RLI Web view0B Request for Letters of Interest (RLI) RLI Number: R0840410R1 . RLI Name: Construction Project Manager (CPM) for the Expansion of Runway

Broward County Purchasing Division 115 S. Andrews Avenue, Room 212

Fort Lauderdale, FL 33301(954) 357-6065 FAX (954) 357-8535

0BRequest for Letters of Interest (RLI)RLI Number: R0840410R1

RLI Name: Construction Project Manager (CPM) for the Expansion of Runway 9R-27L at the

Fort Lauderdale – Hollywood International Airport (FLL)

2BProcurement AuthorityUnchecked boxes do not apply to this solicitation.

Pursuant to the Broward County Procurement Code, the Broward County Commission invites qualified firms to submit Letters of Interest for consideration to provide services on the following project.

Standard Request for Letters of Interest

Construction General Contractor: Two Step Process - (Step 1) Issue RLI to Short list firms - (Step 2) Issue Invitation for Bids to Shortlisted firms to obtain bids

Establish Library of Firms for Services

Pursuant to the Broward County Procurement Code, the Broward County Commission invites qualified firms to submit Letters of Interest for consideration to provide Construction Manager at Risk Services on the following project.

Standard Construction Manager at Risk

Construction Manager at Risk (Modified): Two Step Process - (Step 1) Issue RLI to Short list firms (Step 2) Issue Invitation for Bids to Shortlisted firms to obtain bids

Pursuant to Florida Statutes, Chapter 287.055 (Consultants Competitive Negotiations Act), the Broward County Commission invites qualified firms to submit Letters of Interest for consideration to provide professional consulting services on the following project.

Non-Continuing Contract: (Check only one box)

professional services needed for a construction project where the construction costs exceed $ 250,000

professional services needed for a planning or study activity where the fee for the professional services exceed $ 25,000

Continuing Contract: (Check only one box)

professional services needed for projects in which construction costs do not to exceed $2 million

professional services needed for study activities when the fee for such professional service does not exceed $ 200,000

professional services needed for work of a specified nature

Design-Build: (Check only one box)

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Qualification - Based with a Guaranteed Maximum Price and a Guaranteed Completion Date

Two Step process - (Step 1) Issue RLI to Short list firms - (Step 2) Issue Request for Proposals to Shortlisted firms to obtain proposals

3BThe scope of services shall include:The Broward County Aviation Department seeks a Construction Project Management (CPM) team to provide complete construction project management services for the Airport Expansion Program (AEP) elements related to the Runway 9R/27L Expansion at Fort Lauderdale-Hollywood International Airport. These elements will include, at a minimum:

Coordination and Management of multiple contractors, Review and certification of Pay Applications including Certified Payrolls, Proposal review and Bid analysis, Negotiation assistance, Administrative services such as change order and claims evaluations, Coordination with regulatory agencies, Use and update of the Broward County Aviation Department’s (BCAD) Prolog

system, Coordination and Management of Quality Assurance Materials Testing (QAMT)

firm procured under separate contract, Inspection and verification of materials and equipment installed, Commissioning for Runway 9R/27L Structure and Mechanical, Electrical and

Plumbing (MEP) Systems, Preparation of Substantial and Final Completion certificates, and Warranty Administration.

The projects shall include, but are not limited to: Expansion of Runway 9R/27L including: Embankment, Runway/Taxiway

pavements and Engineering Materials Arresting System (EMAS), Runway/Taxiway structures including: over US-1 Perimeter Road and FEC RR, NE 10th Street extension and NE 7th Avenue reconstruction, US-1 and airport exit roadway improvements, Water and Sanitary Force-Mail improvements, Landscape and irrigation Improvements; Perimeter Road modifications, and; Various structure demolitions.

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Fort Lauderdale-Hollywood International Airport (Figure 1)

Milestone Dates for the Projects are available at the Broward County Aviation Department’s FLLair website which can be accessed through www.broward.org. Refer to the March 3, 2011 Stakeholder Meeting Presentation file in PDF mode. See: http://www.broward.org/Airport/FLLair/Pages/Default.aspx.

4Submittal InstructionsUnchecked boxes do not apply to this solicitation.

Only interested firms from the Sheltered Market may respond to this solicitation.

This solicitation is open to the general marketplace. Interested firms shall supply requested information in the “Evaluation Criteria” section by typing directly into the document using Microsoft Word. Firms may also prepare responses and any requested ancillary forms using other means but following the same order as presented herein.

Submit Ten (10) CDs (each CD in a separate disc envelope and labeled with company name and RLI number) containing the following files:CD or DVD discs included in the submittal must be finalized or closed so that no changes can be made to the contents of the discs.

IT IS IMPORTANT THAT EACH CD BE LABELED WITH THE COMPANY NAME, RLI NUMBER AND TITLE, AND THEN PLACED IN AN INDIVIDUAL DISC ENVELOPE.

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http://www.broward.org/Airport/FLLair/Pages/Default.aspx

http://www.broward.org/



1. A single PDF file that contains your entire response with each page of the response in the order as presented in the RFP/RLI document, including any attachments.

2. Responses to the Selection Criteria questions are to be provided in the following formats:

a. Microsoft Word for any typed responses. b. Microsoft Excel for any spreadsheets.

Submit Five (5) total printed copies (hard copies) of your response. It is the responsibility of each firm to assure that the information submitted in both its written response and CDs are consistent and accurate. If there is a discrepancy, the information provided in the written response shall govern.

This is of particular importance in the implementation of the County's tiebreaker criteria. As set forth in Section 21.31.d of the Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the firm's response to the solicitation. Therefore, in order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the written submittal.

Pre-Submittal Conference:Attendance at the pre-submittal conference is optional. This information session presents an opportunity for proposers to clarify any concerns regarding the RLI requirements. The proposer is cautioned that, although the Pre-Submittal Conference is optional, no modification or any changes will be allowed in the pricing because of the failure of the proposer(s) to have attended the conference.

Submission of a response will be construed that the proposer is acquainted sufficiently with the work to be performed.

If you require any auxiliary aids for communication, please call 357-6065 so that arrangements can be made in advance.

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Pre-Submittal Conference

Date: Wednesday, April 29, 2011

Time: 3:00 PM

Location: Broward County Aviation Department Auditorium located at 100 Aviation Boulevard, Fort Lauderdale, Florida 33315.



Send all requested materials to:

Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301RE: RLI Number: R0840410R1

The Purchasing Division must receive submittals no later than 5:00 PM (EST), on Monday, May 23, 2011. Purchasing will not accept electronically transmitted, late, or misdirected submittals. If fewer than three interested firms respond to this solicitation, the Director of Purchasing may extend the deadline for submittal by up to four (4) weeks. Submittals will only be opened following the final submittal due date.

10BFor Additional Project Information Contact:RLI Project Manager: Jim GoodwinPhone: 954-359-2328 Email: [email protected]

5BSelection ProcessA Selection Committee (SC) will be responsible for recommending the most qualified firms and ranking them for negotiation. The process for this procurement may proceed in the following manner:

11BReview ResponsesThe Purchasing Division delivers the submittals to agency staff for summarization for the Selection Committee members. The Office of Economic and Small Business Development staff evaluates submittals to determine responsiveness to the Office of Economic and Small Business Development Program requirements, if applicable. Agency staff will prepare an analysis report which includes a matrix of responses submitted by the firms.

Staff will also identify any incomplete responses. The Director of Purchasing will review the information provided in the matrix and will make a recommendation to the Selection Committee as to each firm’s responsiveness to the requirements of the RLI. The final determination of responsiveness rests solely on the decision of the Selection Committee.

12BShort ListingThe SC will meet to create a short list of the most qualified firms. The matrix and staff analysis report is a tool that the SC may use in its decision-making process. The County will not consider oral or written communications, prior to the conclusion of short-listing the firms, which may vary the terms of the submittals.

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13BCone of Silence

14BAt the time of the Selection Committee appointment (which is typically prior to the advertisement of the solicitation document) in this RLI process, a Cone of Silence will be imposed. Section 1-266, Broward County Code of Ordinances as revised, provides that after Selection Committee appointment, potential vendors and their representatives are substantially restricted from communicating regarding this RLI with the County Administrator, Deputy and Assistants to the County Administrator and their respective support staff, or any person appointed to evaluate or recommend selection in this RLI process. For communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the Shortlist Meeting of the Selection Committee. After the application of the Cone of Silence, inquiries regarding this RLI 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.

15BDemonstrations If this box is checked, then this project may lend itself to an additional step where short-

listed firms demonstrate the nature of their offered solution. In those cases, staff, and sometimes members of the SC, may request a representative display or demonstration. If the SC decides that demonstrations are necessary, short-listed firms will receive a description of, and arrangements for, the desired demonstration.

16BPricingUnchecked boxes do not apply to this solicitation.

Price may be considered in the final evaluation and ranking of the short-listed firms. If the SC will consider price, staff will provide each short-listed firm with a pricing submittal instrument and instructions for its preparation and delivery. Price will not be a factor in evaluating or ranking the interested firms.

County staff and the top ranked firm will negotiate fees for pre-construction services during the Negotiation Phase of this process. Generally, the Parties negotiate a Guaranteed Maximum Price (GMP) for construction services during the course of pre-construction services.

17BPublic Art and Design ProgramUnchecked boxes do not apply to this solicitation.

Broward County has adopted Ordinance #95-20 establishing a Public Art and Design Program. It is the intent of Broward County to integrate art, when applicable, into capital projects and integrate artists’ design concepts into this improvement project. The architect/engineer may be required to collaborate with the artist(s) on design development within the scope of this request.

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Artist(s) shall be selected by Broward County through an independent process. (For additional information contact Mary Becht at (954) 357-7456).

Insurance RequirementsOCIP Designated Project: this Project has been designated to be covered by Owner

Controlled Insurance Program (OCIP). The COUNTY has arranged with Aon Risk Services, Inc., (the “OCIP Administrator”) for this project (“Project”) to be insured under its Owner Controlled Insurance Program (“OCIP”). The OCIP is more fully described in the Insurance Manual, provided at:

Hhttp://www.broward.org/Purchasing/Documents/ocipmanual.pdf H,

The Safety and Loss Prevention Manual, provided at: Hhttp://www.broward.org/Purchasing/Documents/ocipsafetymanual.pdf H,

Parties performing labor or services at the Project site are required to enroll in the OCIP, unless they are Excluded Parties (as defined in contract requirements language). The OCIP will provide to Enrolled Parties (as defined) Workers’ Compensation and Employer’s Liability insurance, Commercial General Liability insurance, Excess Liability insurance. Environmental Liability insurance and Builder’s Risk insurance, if applicable, in connection with the performance of this Project (“OCIP Coverages”). Insurance not provided under the OCIP will be vendor’s responsibility to secure and maintain.

OCIP Certification: Proposer should submit an Owner Controlled Insurance Program Certification Form (Attachment 1-1) with RLI submittal, but must submit within five business days of County request. Vendor assumes full responsibility to read, understand, and comply with all of the County’s insurance requirements and OCIP requirements as explained in the contract documents, the OCIP Insurance Manual, and the OCIP Safety and Loss Prevention Manual.

OCIP Enrollment: within five business days of the County’s request, the recommended vendor for award shall complete the OCIP enrollment forms (OCIP Insurance Manual, AON Form-3) and submit them to the OCIP Administrator. The contract award shall be contingent upon AON’s review and the County’s Risk Management Division’s approval of the forms.

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http://www.broward.org/Purchasing/Documents/ocipsafetymanual.pdf

http://www.broward.org/Purchasing/Documents/ocipmanual.pdf



Security Requirements and Sensitive Security InformationAwarded Proposer agrees to comply with all security requirements throughout the term of the contract. Broward County Aviation Department’s security requirements are as follows:

Security

Airport Security Program and Aviation RegulationsContractor agrees to observe all security requirements and other requirements of the Federal Aviation Regulations applicable to Contractor, including without limitation, all regulations of the United States Department of Transportation, the Federal Aviation Administration and the Transportation Security Administration, and the Contractor agrees to comply with the County’s Airport Security Program and the Air Operations area (AOA) Vehicle Access Program, and amendments thereto, and to comply with such other rules and regulations as may be reasonably prescribed by the County, and to take such steps as may be necessary or directed by the County to insure that subleases, employees, invitees and guests observe these requirements. If required by the Aviation Department, Contractor shall conduct background checks of its employees in accordance with applicable Federal Regulations. If as a result of the acts or omissions of Contractor, its subleases, employees, invitees or guests, the County incurs any fines and/or penalties imposed by any governmental agency, including without limitation, the United States Department of Transportation, the Federal Aviation Administration or the Transportation Security Administration, or any expense in enforcing any federal regulations, including without limitation, airport security regulations, or the rules or regulations of the County, and/or any expense in enforcing the County’s Airport Security Program, then Contractor agrees to pay and/or reimburse the County all such costs and expenses, including all costs of administrative proceedings, court costs, and attorneys’ fees and all costs incurred by County in enforcing this provision. Contractor further agrees to rectify any security deficiency or other deficiency as may be determined as such by the County or the United States Department of Transportation, Federal Aviation Administration, the Transportation Security Administration, or any other federal agency. In the event Contractor fails to remedy any such deficiency, the County may do so at the cost and expense of Contractor. The County reserves the right to take whatever action is necessary to rectify any security deficiency or other deficiency.

(a) Operation of Vehicles on the AOA: Before the Contractor shall permit any employee of Contractor or any subcontractor to operate a motor vehicle of any kind or type on the AOA (and unless escorted by an Aviation Department approved escort), the Contractor shall ensure that all such vehicle operators possess current, valid, and appropriate Florida driver’s licenses. In addition, any motor vehicles and equipment of Contractor or of any subcontractor operating on the AOA must have an appropriate vehicle identification permit issued by the Aviation Department, which identification must be displayed as required by the Aviation Department.

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(b) Consent to Search/Inspection: The Contractor agrees that its vehicles, cargo, goods and other personal property are subject to being inspected and searched when attempting to enter or leave and while on the AOA. The Contractor further agrees on behalf of itself and its subcontractor that it shall not authorize any employee or other person to enter the AOA unless and until such employee other person has executed a written consent-to-search/inspection form acceptable to the Aviation Department. Contractor acknowledges and understands that the forgoing requirements are for the protection of users of the Airport and are intended to reduce incidents of cargo tampering, aircraft sabotage, thefts and other unlawful activities at the Airport. For this reason, Contractor agrees that persons not executing such consent-to-search/inspection form shall not be employed by the Contractor or by any subcontractor at the Airport in any position requiring access to the AOA or allowed entry to the AOA by the Contractor or by any subcontractors.

(c) The provisions hereof shall survive the expiration or any other termination of thisAgreement

Security Background verification, fingerprinting and identification badging is required for all work conducted in Security Identification Display Areas (SIDA). The prime contractor is responsible for managing, obtaining and complying with all requirements of the above for their own firm as well as all of their subcontractors on their team. The prime contractor and all sub-contractors are responsible for all costs associated with complying with the terms and conditions of this security requirement including but not limited to any fines levied (including against BCAD)due to its non compliance with SIDA or Airport Security rules

Badging Requirements are available at:

http://www.broward.org/Purchasing/Documents/securityrequirementsfinal.pdf

Additionally, portions of the Project may contain Sensitive Security Information (SSI). Sensitive Security Information is information that, if publicly released, would be detrimental to transportation security, as defined by Federal Regulation 49 C.F.R. Part 1520. Unauthorized release (of SSI material) may result in civil penalty or other action.

Awarded Proposer (and applicable employees and/or subcontractors) may be required to submit a “Non-Disclosure Agreement”, (Sample attached hereto as Attachment 5), prior to receipt of any documents containing SSI, acknowledging the requirements for handling SSI information. (Information on SSI is provided in Attachment 5-1)

18B

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http://www.broward.org/Purchasing/Documents/securityrequirementsfinal.pdf



Presentations/Interviews/RankingEach of the short-listed firms will have an opportunity to make an oral presentation to the SC on the firm’s approach to this project and the firm’s ability to perform. The SC may provide a list of subject matter for the discussion. The firms will have equal time to present but the question-and-answer time may vary. The SC will rank the firms and post its recommendation for three days as a “Proposed Recommendation of Ranking”. Following this three-day period, if no objections to the proposed ranking have been received in writing by the Director of Purchasing, a Final Recommendation of Ranking will be posted and presented to the Board for approval. At the discretion of the Board, presentations to the Board of County Commissioners by the ranked firms may be required.

19BState and Local PreferencesIf 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 County's Local Preference Ordinance, Domestic Partnership Ordinance and Procurement Code will not be applied in the procurement process.

20BNegotiation and AwardThe Purchasing Negotiator, assisted by County staff, will attempt to negotiate a contract with the first ranked firm. If an impasse occurs, the County ceases negotiation with the firm and begins negotiations with the next-ranked firm. The final negotiated contract will be forwarded by the Purchasing Negotiator to the Selection Committee for approval, if required by the committee, or to the awarding authority for approval.

21BPosting of Solicitation and Proposed Contract AwardsThe Broward County Purchasing Division's website is the official 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. The website is located atHhttp://www.broward.org/Purchasing/Pages/SolicitationResult.aspx

22BVendor Protest

Sections 21.118 and 21.119 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:

(a) Any protest concerning the bid or other solicitation specifications or requirements must be made and received by the County within seven (7) 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 bid specifications or requirements is a waiver of the ability to protest the specifications or requirements.

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http://www.broward.org/Purchasing/Pages/SolicitationResult.aspx



(b) Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the bid opening, shall be submitted in writing and received by the County within five (5) business days from the posting of the recommendation of award on the Purchasing Division's website.

(c) Any actual or prospective bidder or offeror 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 on the Purchasing Division's website.

(d) 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 solicitation or proposed contract award shall be a waiver of the vendor's right to protest.

(e) Protests arising from the decisions and votes of a Selection Committee 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.

(f) As a condition of initiating any RLI 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 bid 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.

23BEmployment Verification ProgramIf the box is checked, then it applies to this solicitation.

This service is funded, in whole or part, by the State of Florida. Complete and return Attachment “2”, Employment Eligibility Verification Program Contractor Certification”.

24BRejection of ResponsesThe Selection Committee may recommend to the Director of Purchasing the rejection of all responses to this solicitation.

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25BPublic Records and ExemptionsUpon receipt, all response submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes.

Any firm that intends to assert any materials to be exempted from public disclosure under Chapter 119, Florida Statutes must submit the document(s) in a separate bound document labeled "Name of Firm, Attachment to Proposal Package, RLI# - Confidential Matter". The firm must identify the specific statute that authorizes the exemption from the Public Records Law.

Failure to provide this information at the time of submittal may result in a recommendation by the Director of Purchasing that the response is non-responsive.Any claim of confidentiality on materials that the firm asserts to be exempt and placed elsewhere in the submittal will be considered waived by the firm upon submission, effective after opening.Please be aware that submitting confidential material may impact full discussion of your submittal by the Selection/Evaluation Committee because the Selection/Evaluation Committee will be unable to talk about the details of the confidential material(s) at the public Selection/Evaluation Committee meeting.

26BCopyrighted MaterialsCopyrighted material will be accepted as part of a submittal only if accompanied by a waiver that will allow the County to make paper and electronic copies necessary for the use of County staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public.

27BProjected Schedule Advertisement of Solicitation April 22, 2011 Pre-Submittal Conference April 29, 2011 Responses Due May 23 2011 Short List Meeting June 15, 2011 Presentation Ranking Meeting June 17, 2011 First Negotiation Meeting July 11, 2011 Second Negotiation Meeting (if needed) July 15, 2011

If three or fewer responses are received, a combination Short List Meeting and Presentation Ranking Meeting will be held on June 17, 2011.

**NOTICE TO PROPOSERS***

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Proposers are invited to pay strict attention to the following requirements of this RLI. The information being requested in this section is going to be used by the Selection Committee during the selection/evaluation process and further consideration for contract award. Please be aware that proposers have a continuing obligation to provide the County with any material changes to the information being requested in this RLI.

A. Definition of a Responsive Bidder:

In accordance with Broward County Procurement Code Section 21.8.b.66, a Responsive Bidder means a person who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the bid documents to be submitted at the time of bid opening.

28BResponsiveness CriteriaFailure to provide the information required below, at the time of submittal opening may result in a recommendation of non-responsive by the Director of Purchasing. The Selection 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.

1. Office of Economic and Small Business Development Program – (See Office of Economic and Small Business Development Program requirements below).

Office of Economic and Small Business Development Program RequirementsThe Broward County Business Opportunity Act of 2004 and the County Business Enterprise (CBE) Act of 2009 establish the County’s policies for participation by small business enterprises, county business enterprises, and federal disadvantaged business enterprises in all County contracts and in other selected activities.

In accordance with the Acts, participation for this contract is as follows:

Business Enterprise Category % of Participation GoalCounty Business Enterprise (CBE)

(25%)

Overall Goal (25%)

2. Financial Information - 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 as stated in the Evaluation Criteria and Public Record and Exemptions sections may result in a recommendation of non-responsive by the Director of Purchasing.

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3. Litigation History - Although the review of a vendor's litigation history is an issue of responsibility, the failure to provide litigation history as required in the Evaluation Criteria may result in a recommendation of non-responsive by the Director of Purchasing.

The County uses the interested firm’s submittal to this section of the RLI to determine the firm’s “responsiveness.” The County only considers “responsive” submittals for short-listing. To be considered responsive requires the following actions. Submit the forms and documentation detailed below and attached to this RLI. Copies of each form are also available on the Internet at: Hhttp://www.broward.org/econdev/SmallBusiness/Pages/compliance.aspx H. If the firm does not have access to the Internet, contact the Project Manager to receive copies by mail or fax.

Form ContentCBE Schedule of Participation

List each of the proposed Broward County-certified subcontractors or subconsultants, the type of work each firm will perform, and the projected subcontract dollar amount and/or percentage of professional fees to be awarded, if selected.

CBE Letter(s) of Intent

For each participating firm, indicate the agreed subcontract amount executed with the responding firm’s signature and countersigned by the proposed subcontractor or subconsultant listed on the Schedule of Participation form.

CBE Unavailability Report

For any instances where the specific goals were not achieved, list the subcontractors or subconsultants formally contacted and the reason unavailable to perform or whose bid was not considered.

If the Responder is unable to engage sufficient firms to achieve the participation goals established for this RLI, the responder can demonstrate through accompanying documentation that it made a good-faith effort to meet the goal. The County will evaluate the weight of the evidence to determine if the Responder’s effort was made in good faith. A pro-forma submittal will be considered non-responsive. Evidence of good-faith effort on the part of the Responder should minimally include successful completion and submission of the following requirements:

Attendance at any pre-submission meeting;

Timely advertisement in County Business Enterprise general circulation media, trade association publications, media, newspapers and articles;

Efforts to assist the designated category of business enterprise subcontractors or subconsultants in obtaining bonding or insurance required by the RLI or the County and the extent of these efforts;

Written solicitation (work specific) to the designated business enterprise firms; and

Documentation of all outreach activities relating to solicitation to designated business enterprise firms.

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http://www.broward.org/econdev/SmallBusiness/Pages/compliance.aspx



For additional guidance on what information or documentation is deemed acceptable for satisfying the good faith efforts requirements, please contact Office of Economic and Small Business Development at 954-357-6400.

B. Definition of Responsible Bidder:In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsible Bidder or Offeror means an offeror who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.

29BResponsibility Criteria

30BThe Selection Committee will recommend to the awarding authority a determination of a firm’s responsibility. At any time prior to award, the awarding authority may find that an offeror is not responsible to receive a particular award. The following criteria shall be evaluated in making a determination of responsibility:

1. 31BFinancial Information

2. 32BLitigation History

33BAdditionally, 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 offeror has breached or failed to perform a contract, claims history of the offeror, 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 an offeror.

34BRight of AppealPursuant to Section 21.83 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 Committee's determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Code. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection Committee to be deemed timely. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a person having standing to protest and must comply with all other requirements of this section. 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.

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Evaluation Criteria

With regard to these criteria, the County reserves the right to obtain additional information from interested firms.

Project – Specific CriteriaList three (3) similar CPM PROJECTS COMPLETED within the last 5 years

Project 1 Name: Location:

Did the respondent provide CPM services on the project as the Prime? (Yes or No)Did the respondent manage multiple prime construction contractors? (Yes or No)Did the project involve a Runway/Taxiway? (Yes or No)Did the project involve a Runway/Taxiway Structure? (Yes or No)Did the project require coordinating Commissioning services? (Yes or No)Did the project require providing Commissioning services? (Yes or No)Did the project involve major - heavy highway construction? (Yes or No)Did the project involve DOT coordination? (Yes or No)Did the project involve water, sewer, or water and sewer main construction? (Yes or No)Was the Project performed at a Large Hub Airport? (Yes or No)Description of Services Provided:

Scope of Project:

Construction Cost:

Date Started: Date Completed:In Budget? (Yes or No) On Time? (Yes or No)Special Circumstances/ Conditions:

Name of Reference:

Title: Phone: Verified By: Date:

Comment(s):

NOTE:

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Project – Specific Criteria (cont.)List three (3) similar CPM PROJECTS COMPLETED within the last 5 years



Scope of Project:

Construction Cost:


Name of Reference:


Comment(s):

NOTE:

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Project – Specific Criteria (cont.)List three (3) similar CPM PROJECTS COMPLETED within the last 5 years

Project 3Name: Location:


Scope of Project:

Construction Cost:


Name of Reference:


Comment(s):

NOTE:

Project – Specific Criteria (cont.)

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List three (3) similar ONGOING CPM PROJECTS


Does the respondent provide CPM services on the project as the Prime? (Yes or No)Does the respondent manage multiple prime construction contractors? (Yes or No)Does the project involve a Runway/Taxiway? (Yes or No)Does the project involve a Runway/Taxiway Structure? (Yes or No)Does the project require coordinating Commissioning services? (Yes or No)Does the project require providing Commissioning services? (Yes or No)Does the project involve major - heavy highway construction? (Yes or No)Does the project involve DOT coordination? (Yes or No)Does the project involve water, sewer, or water and sewer main construction? (Yes or No)Is the Project being performed at a Large Hub Airport? (Yes or No)Description of Services Being Provided:

Scope of Project:

Construction Cost:

Date Started: In Budget? (Yes or No) On Time? (Yes or No)Special Circumstances/ Conditions:

Name of Reference:


Comment(s):

NOTE:

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Project – Specific Criteria (cont.)List three (3) similar ONGOING CPM PROJECTS


Does the respondent provide CPM services on the project as the Prime? (Yes or No)Does the respondent manage multiple prime construction contractors? (Yes or No)Does the project involve a Runway/Taxiway? (Yes or No)Does the project involve a Runway/Taxiway Structure? (Yes or No)Does the project require coordinating Commissioning services? (Yes or No)Does the project require providing Commissioning services? (Yes or No)Does the project involve major - heavy highway construction? (Yes or No)Does the project involve DOT coordination? (Yes or No)Does the project involve water, sewer, or water and sewer main construction? (Yes or No)Is the Project being performed at a Large Hub Airport? (Yes or No)Description of Services Being Provided:

Scope of Project:

Construction Cost:


Name of Reference:


Comment(s):

NOTE:

Project – Specific Criteria (cont.)List three (3) similar ONGOING CPM PROJECTS

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Does the respondent provide CPM services on the project as the Prime? (Yes or No)Does the respondent manage multiple prime construction contractors? (Yes or No)Does the project involve a Runway/Taxiway? (Yes or No)Does the project involve a Runway/Taxiway Structure? (Yes or No)Does the project require coordinating Commissioning services? (Yes or No)Does the project require providing Commissioning services? (Yes or No)Does the project involve major - heavy highway construction? (Yes or No)Does the project involve DOT coordination? (Yes or No)Does the project involve water, sewer, or water and sewer main construction? (Yes or No)

Is the Project being performed at a Large Hub Airport? (Yes or No)Description of Services BeingProvided:

Scope of Project:

Construction Cost:


Name of Reference:Title: Phone: Verified By: Date:

Comment(s):

NOTE:

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Project – Specific Criteria (cont.)List all projects FOR BROWARD COUNTY GOVERNMENT completed or active during the past 5 years.

Project 1

Name/Year: Number/Amount:

References:

Project 2


References:

Project 3


References:

Project 4


References:

Project 5


References:

Identify the office location responsible for this project.Name: Address 1: Address 2: City, State, ZIP:

NOTE:

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Project – Specific Criteria (cont.)List all known subcontractors who will be performing work on this project.

Name: CBE: (Yes or No)

Roles and responsibilities:















NOTE:

Project – Specific Criteria (cont.)Provide resumes of all proposed key team members, including Project Manager and Principal in Charge. Limit resumes to 1 page with 10-pitch font as the smallest print. Please include the

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following:- Statement regarding experience of key personnel on similar projects.- Availability of key personnel.- Key personnel / Corporate Profile.Name: Availability:

Profile:

Experience on similar projects:

Name: Availability:

Profile:


Name: Availability:

Profile:


Name: Availability:

Profile:


NOTE:

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Project – Specific Criteria (cont.)Provide detailed organizational chart showing by company name which team member will provide each Management Services function.

Insert Organizational Chart Here

Evaluation Criteria – Provide answers below. When an entire response cannot be entered, a

Page 26 of 54



Company Profilesummary, followed with a page number reference where a complete response can be found is acceptable.

1. Supply legal firm name, headquarters address, local office addresses, state of incorporation, and key firm contact names with their phone numbers and e-mail addresses.

2. Supply the interested firm’s federal ID number and Dun and Bradstreet number.

3. Is the interested firm legally authorized, pursuant to the requirements of the Florida Statutes, to do business in the State of Florida?

4. All firms are required to provide Broward County the firm's financial statements at the time of submittal in order to demonstrate the firm's financial capabilities. Failure to provide this information at the time of submittal may result in a recommendation by the Director of Purchasing that the response is non-responsive. Each firm shall submit its most recent two (2) years of financial statements for review. The financial statements are not required to be audited financial statements. With respect to the number of years of financial statements required by this RLI, the firm must fully disclose the information for all years available; provided, however, that if the firm has been in business for less than the required number of years, then the firm must disclose for all years of the required period that the firm has been in business, including any partial year-to-date financial statements.

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The County may consider the unavailability of the most recent year’s financial statements and whether the firm acted in good faith in disclosing the financial documents in its evaluation. Any claim of confidentiality on financial statements should be asserted at the time of submittal. The financial statements should be submitted in a separate bound document labeled "Name of Firm, Attachment to Proposal Package, RLI# - Confidential Matter". The firm must identify the specific statute that authorizes the exemption from the Public Records Law. Failure to provide this information at the time of submittal may result in a recommendation by the Director of Purchasing that the response is non-responsive.

5. List and describe all bankruptcy petitions (voluntary or involuntary) and liens which have been filed by or against the interested firm, its parent or subsidiaries, predecessor organization(s), or any wholly-owned subsidiary during the past three (3) years. Include in the description the disposition of each such bankruptcy petition and lien.

6. List all business related claims, arbitrations, administrative hearings, and lawsuits that are pending or were filed during the last three (3) years brought by or against the firm, its predecessor organization(s), or any wholly-owned subsidiary including but not limited to those claims, arbitrations, administrative hearings and lawsuits that allege negligence, error, or omission, or default, termination, suspension, failure to perform, or improper performance of an obligation of a contract or a legal duty related to a contract. The list should include all case names; case, arbitration, or hearing identification numbers; identification of

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the project involved in the dispute; a description of the subject matter of the dispute; and the final outcome or current status if the matter has not become final.

7. List and describe all criminal proceedings or hearings concerning business related offenses in which the interested firm, its principals, officers, predecessor organization(s), or wholly owned subsidiaries were defendants.

8. Has the interested firm, its principals, officers, or predecessor organization(s) been debarred or suspended from bidding by any government during the last three (3) years? If yes, provide details.

9. Has your company ever failed to complete any work awarded to you? If so, where and why?

10. Has your company ever been terminated from a contract? If so, where and why?

11. Insurance Requirements: Attached is a sample Certificate of Insurance, Attachment “1”. It 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 firm currently carries the insurance or to submit a letter from the carrier indicating upgrade availability.

Evaluation Criteria – Provide answers below. When an entire response cannot be entered,

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Legal Requirementsa summary, followed with a page number reference where a complete response can be found is acceptable.

1. Standard Agreement Language: Identify any standard terms and conditions with which the interested firm cannot agree. The standard terms and conditions for the resulting contract are attached to this RLI.

2. Cone of Silence: This County’s ordinance prohibits certain communications among vendors, county staff, and selection committee members. Identify any violations of this ordinance by any members of the responding firm or its joint venturers.

The firm(s) submitting is expected to sign and notarize the Cone of Silence Certification included in this solicitation.

3. Public Entity Crimes Statement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an offer to perform work as a consultant or contract with a public entity, and may not transact business with Broward County for a period of 36 months from the date of being placed on the convicted vendor list. Submit a statement fully describing any violations of this statute by members of the interested firm or its joint venturers.

4. No Contingency Fees: By responding to this solicitation, each firm warrants that it has not and will not pay a contingency fee to any company or person, other than a bona fide employee working solely for the firm, to secure an agreement pursuant to this solicitation.

For Breach or violation of this provision, County shall have the right to reject the firm’s

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response or terminate any agreement awarded without liability at its discretion, or to deduct from the agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. Submit an attesting statement warranting that the Responder has not and will not pay a contingency fee to any company or person, other than a bona fide employee working solely for the firm, to secure an agreement pursuant to this solicitation.

5. If this box is checked, then the provisions of the Broward County Living Wage Ordinance 2008-45, as amended, (“Living Wage Ordinance”) will apply to this agreement. in accordance with the living wage ordinance, certain employers who do business with the county shall pay a living wage to its employees who work on service contracts providing covered services identified under the living wage ordinance.

6. Drug Free Workplace:1. Do you have a drug free workplace policy? 2. If so, please provide a copy of your drug free workplace policy in your proposal. 3. Does your drug free workplace policy comply with Section 287.087 of the Florida Statutes?4. If your drug free workplace policy complies with Section 287.087 of the Florida Statutes, please complete the attached Drug Free Workplace Policy Certification Form. 5. If your drug free workplace policy does not comply with Section 287.087of the Florida Statutes, does it comply with the drug free workplace requirements pursuant to Section 21.31.a.2 of the Broward County Procurement Code?

6. If so, please complete the attached Drug Free Workplace Policy Certification Form.

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7. If your drug free workplace policy does not comply with Section 21.31.a.2 of the Broward County Procurement Code, are you willing to comply with the requirements Section 21.31.a.2 of the Broward County Procurement Code? 8. If so, please complete the attached Drug Free Workplace Policy Certification Form. Failure to provide a notarized Certification Form in your proposal indicating your compliance or willingness to comply with Broward County's Drug Free Workplace requirements as stated in Section 21.31.a.2 of the Broward County Procurement Code may result in your firm being ineligible to be awarded a contract pursuant to Broward County's Drug Free Workplace Ordinance and Procurement Code

7. Non-Collusion Statement: By responding to this solicitation, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose on the attached Non-Collusion Statement Form 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 (1989), who is an officer or director of, or had 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, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship

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described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code.

Evaluation Criteria –

Tiebreaker Criteria

Provide answers below. When an entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable.

LOCATION in BROWARD COUNTY1. Is your firm located in Broward County?2. Does your firm have a valid current Broward County Local Business Tax Receipt? 3. Has your firm (a) been in existence for at least six (6) months prior to the proposal opening (b) providing services on a day to day basis (c) at a business address physically located within the limits of Broward County (d) in an area zoned for such business and (e) the services provided from this location are substantial component of the services offered in the firm's proposal?If so, please provide the interested firm's business address in Broward County, telephone number(s), email address, evidence of the Broward County Local Business Tax Receipt and complete the attached Local Vendor Certification Form (Tiebreaker Criteria Form 1).Failure to provide a valid Broward County Local Business Tax Receipt and a notarized Certification Form in your proposal shall prevent your firm from receiving credit under Broward County's tiebreaker criteria of Section 21.31.d of the Broward County Procurement Code and, if applicable, shall prevent your firm from receiving any preference(s) allowed under Broward County's Local Preference Ordinance.

DOMESTIC PARTNER BENEFIT

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1. Do you have a domestic partnership benefit program?2. If so, please provide a copy of your domestic partnership benefit program in your proposal and complete the attached Domestic Partnership Benefit Certification Form (Tiebreaker Criteria Form 2). Failure to provide a notarized Certification Form indicating in your proposal shall prevent your firm from receiving credit for having such a program under Broward County's tiebreaker criteria of Section 21.31.d of the Broward County Procurement Code.3. Does your domestic partnership benefit program provide benefits which are the same or substantially equivalent to those benefits offered to other employees in compliance with the Broward County Domestic Partnership Act of 1999, Broward County Ordinance # 1999-03, as amended?4. If so, please complete the attached Domestic Partnership Benefit Certification Form.Failure to provide a notarized Certification Form in your proposal indicating that the company provides domestic partnership benefits which are the same or substantially equivalent to the requirements of the Broward County Domestic Partnership Act of 1999, Broward County Ordinance # 1999-03, as amended, shall prevent your firm from receiving any preference(s) allowed under the Act if applicable to this solicitation.VOLUME OF WORK OVER FIVE YEARSVendor that has the lowest dollar volume of work previously awarded by the County over a five (5) year period from the date of the submittal. (only as the Prime Vendor)

$

Vendor’s List (Non-Certified Subcontractors and Suppliers Information)

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THIS FORM SHOULD BE SUBMITTED WITH THE RLI/RFP; HOWEVER, IT MUST BE SUBMITTED WITHIN 5 CALENDAR DAYS OF COUNTY’S REQUEST.

Provide this information for any sub vendor(s) who will provide a service to the County for this solicitation. This includes major suppliers as well.

1. Firm’s Name:_____________________________________________________________________

2. Firm’s Address:___________________________________________________________________

3. Firm’s Telephone Number: _________________________Firm Email Address:_________________

4. Contact Name and Position:__________________________________________________________

5. Alternate Contact Name and Position:__________________________________________________

6. Alternate Contact Telephone Number: _________________Email Address:___________________

7. Bid/Proposal Number: ______________________________Contracted Amount:_______________

8. Type of Work/Supplies Bid: __________________________Award Date:_____________________

1. Firm’s Name:_____________________________________________________________________

2. Firm’s Address:___________________________________________________________________

3. Firm’s Telephone Number: _________________________Firm Email Address:_________________

4. Contact Name and Position:__________________________________________________________

5. Alternate Contact Name and Position:__________________________________________________

6. Alternate Contact Telephone Number: _________________Email Address:___________________

7. Bid/Proposal Number: ______________________________Contracted Amount:_______________

8. Type of Work/Supplies Bid: __________________________Award Date:_____________________

I certify that the information submitted in this report is in fact true and correct to the best of my knowledge

Signature Title Date

Note: the information provided herein is subject to verification by the Purchasing Division.Use additional sheets for more subcontractors or suppliers as necessary.

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Page 36 of 54

LETTER OF INTENTTo Utilize a County Business Enterprise (CBE) Subcontractor/Subconsultant

From (Name of Proposer/Bidder): ________________________________________________________

Firm Address: ________________________________________________________________________

Project Description: ____________________________________________________________________

In response to Broward County’s RLI/Bid No. _______________________________________, the undersigned hereby agree to utilize the CBE firm listed below, if awarded the contract. The undersigned further certify that the firm has been contacted and properly apprised of the projected work assignment(s) upon execution of the contract with Broward County.

Name of CBE Firm: ____________________________________________________________________

Address of CBE Firm: __________________________________________________________________

Expiration of CBE Certification:___________ Projected CBE Work Assignment (description of work

assignment): ________________________________________________________________________

Projected Percentage of Prime’s Contract Fees to be Awarded to CBE:___________________________ (Dollar Amt or Percentage %)

_____________________________________________ ________________________________ (Signature of Owner or Authorized Rep. Prime) (Date)

Print Name (owner or authorized Rep. Prime): ______________________________________________

Subscribed and sworn to before me this _________ day of _________________________ 200______.

Notary’s Signature______________________________ Notary Seal: ____________________________- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

(ACKNOWLEDGEMENT BY THE PROPOSED CBE FIRM)

The undersigned intends to perform work in connection with the above Contract as (check one)___ an individual ___ a partnership ___ a corporation ___ a joint venture. The undersigned agrees with the prime contractor’s/consultant’s proposal and further certifies that all information provided herein is true and correct.

_______________________________________ __________________________________ (Signature of Owner or Authorized Rep. CBE) (Date)

Print Name (owner or authorized Rep. CBE): _______________________________________________

Subscribed and sworn to before me this _________ day of ____________________________ 200_____.

Notary’s Signature______________________________ Notary Seal: ____________________________

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1BSCHEDULE OF (CBE) PARTICIPATION (Submit this form with an executed Letter of Intent from each CBE firm listed in this form)

Bid/RLI/RFP #: Project Location: Date Form Submitted:Project Name: Project Start Date:Prime Contractor: Address: Contact Person: Telephone #: Fax #:

CBE Subcontractor CBE Expiration date Address Phone Type of Work to be

PerformedSub-contract Amount (Agreed

Price ($) or Percentage (%)

Total CBE ParticipationTotal Contract Amount

CBE Subcontractor Participation Percentage(Total amount allocated to CBEs divided by Total Contract Amount)

%

The listing of a CBE shall constitute a representation by the bidder/responder to Broward County that such CBE has been contacted and properly apprised of the upcoming County project. Bidders/Responders are advised that the information contained herein is subject to verification by the Small Business Development Division and that submission of said information is an assertion of its accuracy, per the requirements of the Small Business Development Program.

I certify that the above information is true to the best of my knowledge: Signature: Title: Date:

THIS DOCUMENT MUST BE PROVIDED WITH THE SUBMITTAL AND SIGNED BY THE PERSON SIGNING THE SUBMITTALSBDD COMPLIANCE FORM 2009-SOP

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CBE UNAVAILABILITY REPORT

RLI/BID NO. _______________________

____________________________________________________________________________(NAME OF PRIME CONTRACTOR) (ADDRESS) (TELEPHONE NO.)

The undersigned representative of the Prime Contractor personally appeared before the undersigned officer authorized to administer oaths who after being duly sworn states that the undersigned has contacted the CBEs listed below and that said CBEs are unavailable to perform or submit a bid which was not the low acceptable bid set forth and that the following information regarding CBE subcontractors is true and correct to the best of his/her knowledge:1. The following CBE contractors were invited to bid subcontract work, but were not available to work. (Attach list if necessary.)

Name

____________________________________________________________________

____________________________________________________________________

2. The following CBE contractors were invited to bid subcontract work, but did not respond to the invitation. (Attach list if necessary.)

Name

____________________________________________________________________

____________________________________________________________________

3. The following CBE contractors submitted bids which were not the low acceptable bids. (Attach list if necessary.)

Name

____________________________________________________________________

____________________________________________________________________

If you did not get any responses to your solicitation of CBE contractors, please detail your efforts to recruit eligible firms, i.e., advertising, personal calls, mailing lists, etc. Information provided will be verified. Attach all supporting documents such as newspaper ads, phone lists, mailing lists, etc.

Signature: _______________________Title: _______________________________

Date: ___________________________

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6B

Local Vendor Certification

THE UNDERSIGNED VENDOR HEREBY CERTIFIES THAT:

1. _____ THE VENDOR IS A LOCAL VENDOR IN BROWARD COUNTY AND HAS A VALID BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT WHICH IS ATTACHED TO THIS CERTIFICATION

AND

2. _____ THE VENDOR IS A LOCAL VENDOR IN BROWARD COUNTY AND:

(a) Has been in existence for at least six (6) months prior to the proposal opening;

(b) Provides services on a day to day basis at a business address physically located within the limits of Broward County and in an area zoned for such business; and

(c) The services provided from this location are a substantial component of the services offered in the vendor's proposal.

AND/OR

3. _____ THE VENDOR IS A LOCAL VENDOR IN BROWARD OR MIAMI-DADE COUNTY AND HAS A VALID CORRESPONDING COUNTY LOCAL BUSINESS TAX RECEIPT WHICH IS ATTACHED TO THIS CERTIFICATION AND:

(a) Has been in existence for at least ONE YEAR prior to the proposal opening;

(b) Provides services on a day to day basis at a business address physically located within the limits of Broward County and in an area zoned for such business; and

(c) The services provided from this location are a substantial component of the services offered in the vendor's proposal.

______________________________________(VENDOR SIGNATURE)

______________________________________(PRINT VENDOR NAME)

STATE OF __________________

COUNTY OF ________________

The foregoing instrument was acknowledged before me this ____day of ________________, 20___, by

_________________________________________________ as _________________________ of (Name of person who's signature is being notarized) (Title)

____________________________________________ known to me to be the person described herein, or who produced(Name of Corporation/Company)

____________________________________________ as identification, and who did/did not take an oath.(Type of Identification)

NOTARY PUBLIC:

________________________________ (Signature)________________________________ My commission expires: ________________(Print Name)

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7B

Domestic Partnership Benefit Certification


1. _____ THE VENDOR HAS A DOMESTIC PARTNERSHIP PROGRAM AND THE DOMESTIC PARTNERSHIP BENEFITS ARE AS IDENTIFIED IN THE COMPANY POLICY ATTACHED TO THIS CERTIFICATION.

AND/OR

2. _____THE VENDOR HAS A DOMESTIC PARTNERSHIP PROGRAM THAT IS IN COMPLIANCE WITH THE BROWARD COUNTY DOMESTIC PARTNERSHIP ACT OF 1999, BROWARD COUNTY ORDINANCE # 1999-03, AS AMENDED, AND OUTLINED AS FOLLOWS:

A. VENDOR'S EMPLOYEE BENEFITS PROGRAM INCLUDES THE FOLLOWING MINIMUM STANDARDS:

1. Any vendor's employee who is a party to a domestic partnership relationship is entitled to elect insurance coverage for his or her domestic partner or a dependent of such domestic partner on the same basis in which any other vendor's employee may elect insurance coverage for his or her spouse or dependents. A vendor's employee's right to elect insurance coverage for his or her domestic partner, or the partner's dependent, extends to all forms of insurance provided by the vendor to the spouses and dependents of vendor's employees.

2. Any vendor's employee who is a party to a domestic partnership relationship is entitled to use all forms of leave provided by the vendor including, but not limited to sick leave and annual leave to care for his or her domestic partner or the dependent of the domestic partner as applicable.

3. All other benefits available to the spouses and dependents of vendor's employees are made available on the same basis to the domestic partner, or dependent of such domestic partner, of a vendor's employee who is party to a domestic partnership relationship.

4. It is within the vendor's discretion as to what benefits are provided to its employees and whether vendor's employees who are party to a domestic partnership relationship must be registered in accordance with Broward County Ordinance No. 1999-03, as amended, in order to be eligible for access to employee benefits.

B. VENDOR'S DOMESTIC PARTNERSHIP EILIGIBILITY CRITERIA ARE SUBSTANTIALLY EQUIVALENT TO THE FOLLOWING:

1. Each domestic partner is at least 18 years old and competent to contract.2. Neither domestic partner is married nor a partner to another domestic partnership relationship.3. The domestic partners are not related by blood.4. Consent of either domestic partner to the domestic partnership relationship has not been obtained

by force, duress, or fraud.5. Each domestic partner agrees to be jointly responsible for each other's basic food and shelter.

__________________________________(VENDOR SIGNATURE)

__________________________________(PRINT VENDOR NAME)

STATE OF __________________

COUNTY OF ________________




____________________________________________ as identification, and who did/did not take an oath. (Type of Identification)

NOTARY PUBLIC:

________________________________(Signature)

________________________________ (Print Name)My commission expires: _______________________

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8BDrug Free Workplace Policy Certification


1. _____ THE VENDOR HAS A DRUG FREE WORKPLACE POLICY AS IDENTIFIED IN THE COMPANY POLICY ATTACHED TO THIS CERTIFICATION.

AND/OR

2. _____ THE VENDOR HAS A DRUG FREE WORKPLACE POLICY THAT IS IN COMPLIANCE WITH SECTION 287.087 OF THE FLORIDA STATUTES.

AND/OR

3. _____ THE VENDOR HAS A DRUG FREE WORKPLACE POLICY THAT IS IN COMPLIANCE WITH THE BROWARD COUNTY DRUG FREE WORKPLACE ORDINANCE # 1992-08, AS AMENDED, AND OUTLINED AS FOLLOWS:

(a) 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;

(b) Establishing a continuing drug-free awareness program to inform its employees about:(i) The dangers of drug abuse in the workplace;(ii) The offeror's policy of maintaining a drug-free workplace;(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(c) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph (a);(d) Notifying all employees, in writing, of the statement required by subparagraph (a), that as a condition of employment on a covered

contract, the employee shall:(i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, 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 (5) days after such conviction.

(e) Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision (d) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

(f) Within 30 calendar days after receiving notice under subparagraph (d) 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:

(i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) 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;

(g) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs (a) through (f).

OR

4.____ THE VENDOR DOES NOT CURRENTLY HAVE A DRUG FREE WORKPLACE POLICY BUT IS WILLING TO COMPLY WITH THE REQUIREMENTS AS SPECIFIED IN NO. 3

______________________________________(VENDOR SIGNATURE)

______________________________________(PRINT VENDOR NAME)

STATE OF __________________

COUNTY OF ________________





NOTARY PUBLIC:

________________________________(Signature)

________________________________ My commission expires: _______________________ (Print Name)

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9BNon-Collusion Statement Form

By signing this offer, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose below, 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), Fla. Stat. (1989), 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. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor.

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.

NAME RELATIONSHIP________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________

In the event the vendor does not indicate any names, the County shall interpret this to mean that the vendor has indicated that no such relationships exist.

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Attachment 1Certificate of Insurance

Page 44 of 54

UAttachmentU 1-1

OWNER CONTROLLED INSURANCE PROGRAM CERTIFICATION

The undersigned vendor hereby certifies that:

1. The vendor has read and understands the insurance requirements set forth in the contract documents, including but not limited to the Owner Controlled Insurance Program ("OCIP") requirements set forth in the general conditions, and in the OCIP Insurance Manual, and the OCIP Safety and Loss Prevention Manual;

2. The vendor acknowledges and understands that the OCIP will provide to enrolled parties, as specified in the insurance requirements, workers’ compensation and employer’s liability insurance, commercial general liability insurance, excess liability insurance, builder’s risk insurance, U.S. Longshoremen & Harbor Workers’ act, Jones Act and contractor’s pollution liability insurance;

3. The vendor has removed from its’ bid or bids submitted for the project the cost to provide any of the insurance provided under the OCIP, as instructed in the insurance requirements, and vendor shall not include, in any request for payment, request for compensation, change order, or claim, any of vendor’s costs to provide the insurance coverages provided under the OCIP.

4. The vendor acknowledges and understands that vendor will still be required to provide additional insurance for risks and losses not covered by the OCIP, including but not limited to automobile liability insurance, commercial general liability insurance, workers’ compensation, and employer’s liability insurance, for off-site exposures, and such other insurance as required by owner, all as specified in the insurance requirements;

5. The vendor acknowledges and understands that County, its agents, employees, and officers, and the OCIP administrator, are not and have not acted as an insurance agent or broker for vendor. Vendor has reviewed and understands the OCIP coverages, and has solely relied upon vendor’s own independent review and analysis of the OCIP coverages in formulating any understanding and/or belief as to the amount, nature, type, or extent of any OCIP coverage and its potential applicability to any potential claim or loss, or in deciding, in whole or in part, to submit a bid for the project.

(CONTINUED ON NEXT PAGE)

Page 45 of 54

6. The vendor acknowledges and agrees that County, its agents, employees, and officers, and the OCIP administrator are not agents, partners, or guarantors of the insurance companies providing coverage under the OCIP, and that neither County, its agents, employees, officers, nor the OCIP Administrator are responsible for any claims or disputes between or among vendor and any OCIP insurer.

________________________________VENDOR

By: _____________________________(Signature)

________________________________(Print/Type Name and Title)

STATE OF __________________

COUNTY OF ________________

The foregoing instrument was acknowledged before me this ____day of

________________, 20___, by

_________________________________________________ as (Name of person who's signature is being notarized)

_________________________ of _____________________________________ (Title) (Name of Corporation/Company)

known to me to be the person described herein, or who produced

____________________________________________ as identification, and who (Type of Identification)

did/did not take an oath.

NOTARY PUBLIC:

________________________________(Signature)

________________________________ (Print Name)

_______________________ My commission expires

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Attachment 5

Sensitive Security InformationNon-Disclosure Agreement

I, _____________ hereby consent to the terms in this Agreement in consideration of my being granted access to certain documents or materials containing Sensitive Security Information (“SSI”) for Fort Lauderdale-Hollywood International Airport in Broward County, Florida (“Airport”).

I understand and agree to the following terms and conditions:

1. SSI is part of the Airport security program, is exempt from Florida Sunshine and Public Records Laws pursuant to Sections 119.071 and 286.0113, Florida Statutes, and unauthorized disclosure of SSI could compromise the security of the Airport.

2. I must therefore handle SSI in accordance with the terms of this Agreement and all applicable federal and state laws, including but not limited to, 49 Code of Federal Regulations Parts 15 and 1520 and Section 119.071, Florida Statutes.

3. By being granted access to SSI, I am a covered person as defined in 49 Code of Federal Regulations Parts 15 and 1520, and therefore have an affirmative duty to protect SSI by: taking reasonable steps to safeguard SSI in my possession or control from unauthorized disclosure; disclosing or otherwise providing access to SSI only to covered persons who have a need to know, unless otherwise authorized in writing by the Transportation Security Administration (“TSA”), the Coast Guard, or the Secretary of the Department of Transportation (“DOT”); referring request by other persons for SSI to TSA or the applicable component or agency within DOT or Department of Homeland Security (“DHS”); properly marking and disposing of SSI as specified in 49 Code of Federal Regulations Parts 15 and 1520; properly marking records containing SSI that are not marked in compliance with 49 Code of Federal Regulations Parts 15 and 1520 and inform the sender of the record that the record contains SSI and should be properly marked; and promptly reporting unauthorized disclosure of SSI to the Airport and TSA or applicable DOT or DHS component or agency.

4. If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my access to SSI for the Airport. Unauthorized release of SSI may result in civil penalty or other action.

5. Each provision of this Agreement is severable. If a court of competent jurisdiction should find any provision of this Agreement unenforceable, all other provisions shall remain in full force and effect.

Attachment 5 - Page 1 of 3

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6. I understand that Broward County may seek any remedy available to it to enforce this Agreement, including but not limited to, application for a court order prohibiting disclosure of SSI in breach of this Agreement.

7. By granting me access to SSI, Broward County does not waive any statutory or common law evidentiary privileges or protections that it may assert in any administrative or court proceeding to protect any SSI to which I have been given access under the terms of this Agreement.

8. I shall indemnify and hold harmless County, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by my negligence, recklessness or intentionally wrongful conduct as well as negligent, reckless or intentionally wrongful conduct of other persons employed or utilized by me in the performance of any and all Projects which require access to SSI as contemplated by this Agreement. In the event that any action or proceeding is brought against County by reason of any such claim or demand, I shall, upon written notice from County, resist and defend such action or proceeding by counsel satisfactory to County. The provisions of this Section shall survive the expiration or earlier termination of this Agreement.

9. I make this Agreement in good faith and acknowledge that I will be bound by each and every term and provision contained herein, including but not limited to civil penalty or other action pursuant to federal and state law.

10.The undersigned has read this form, fully understands its terms, and signed said form freely, without any inducement or assurance of any nature, and the undersigned intends this Agreement to be a complete and unconditional release of any and all liability to the greatest extent allowed by law, voluntarily assuming all risk and liability for any damage or injury that may occur as a result of unauthorized disclosure in violation of this Agreement, inadvertent or otherwise, and hereby agrees to release, waive, discharge and hold harmless Broward County, its elected officials, officers, agents, and employees from any and all liability or claims that may be sustained as a direct or indirect result of unauthorized disclosure in violation of this Agreement.

11.This document shall be governed by the laws of the State of Florida and all applicable federal laws with venue in Broward County for the state courts and in the Southern District of Florida for Federal courts.


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Signed this ______ day of _________________, 20______.

________________________COMPANY

______________________ By ________________________(Name and Title) (Signature)

STATE OF )COUNTY OF )

The foregoing instrument was acknowledged before me this _____ day of _______________, 20__, by _____________________ who is personally known to me or who has produced ______________________ as identification.

WITNESS my hand and official seal, this ______ day of ___________, 20__.

(NOTARY SEAL) ___________________________________(Signature of person taking acknowledgment)

___________________________________________(Name of officer taking acknowledgment)typed, printed or stamped

___________________________________________(Title or rank)___________________________________________(Serial number, if any)

My commission expires:

BCAD OFFICE USE ONLY

Date Documents Provided:

Description of Documents: BCAD Representative:

Signature Date


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UAttachmentU 5-1

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CONE OF SILENCE CERTIFICATION

The undersigned vendor hereby certifies that:

1. _____ the vendor has read Broward County's Cone of Silence Ordinance, Section 1-266, Article xiii, Chapter 1 as revised of the Broward County Code; and

2. _____ the vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning upon the appointment of the Evaluation Committee (for Requests for Proposals - RFPs) or Selection Committee (for Request for Letters of Interest - RLIs) for communication regarding this RFP/RLI with the County Administrator, Deputy 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.

3.______the vendor agrees to comply with the requirements of the Cone of Silence Ordinance.

_____________________________________(Vendor Signature)

_____________________________________(Print Vendor Name)

STATE OF __________________

COUNTY OF ________________





NOTARY PUBLIC:

________________________________

(Signature)

_______________________________ My commission expires: _______________________ (Print Name)

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ATTACHMENT “ 2”EMPLOYMENT ELIGIBILITY VERIFICATION PROGRAM CONTRACTOR CERTIFICATION

On January 4, 2011, Governor Scott issued Executive Order 11-02 which requires Broward County as a party to any State funded contracts to participate in the Employment Eligibility Verification Program (“E-Verify Program”) administered by the U.S. Department of Homeland Security (“DHS”). The E-Verify Program can be found at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=75bce2e261405110VgnVCM1000004718190aRCRD&vgnextchannel=75bce2e261405110VgnVCM1000004718190aRCRD The County has entered into a “Memorandum of Understanding” with DHS governing the E-Verify Program. As a

result of the adopting the terms and conditions of the “Memorandum of Understanding” with DHS and Execute Order 11-02, any Contractor performing work pursuant to the State funded contract issued by the County is required to use the E-Verify Program to confirm employment eligibility of its current and prospective employees. The undersigned contractor hereby certifies that it will enroll and participate in the E-Verify Program, in accordance with the terms and conditions governing the use of the program by:

(1) Verifying the employment eligibility of all persons employed during the contract term by the contractor to perform the work under this contract.

(2) Enrolling in the E-Verify Program within thirty (30) days of the effective date of this contract by obtaining a copy of the “Edit Company Profile” page and make such record available to Broward County within seven days of request from the County.

(3) Requiring all persons, including subcontractors, assigned by the Contractor to perform work under this contract to enroll and participate in the E-Verify Program within ninety (90) days of the effective date of this contract or within ninety (90) days of the effective date of the contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor a copy of the “Edit Company Profile” screen indicating enrollment in the E-Verify Program and make such record available to the County within seven calendar days from the County’s request.

(4) Displaying the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system.

(5) Initiate E-Verify verification procedures for new employees within 3 business days after the actual work start date of each new hire and thereafter shall respond appropriately to any additional requests from DHS or Social Security Administration (SSA).

(6) Maintain records of its participation and compliance with the provisions of the E-Verify Program and make such records available to the County within seven days of County’s request.

(Contractor’s Signature)

(Print Vendor Name)STATE OF __________________

COUNTY OF ________________

The foregoing instrument was acknowledged before me this ____day of _____________________, 20__,by ____________________________________________________________________________________________

(Name of person who's signature is being notarized)as _____________________________________of ____________________________________________________

(Title) (Name of Corporation/Company),known to me to be the person described herein, or who produced _______________________________________

(Type of Identification) as identification, and who did/did not take an oath.

NOTARY PUBLIC:

________________________________(Signature)

________________________________ My commission expires: _______________________

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(Print Name)

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