Purchasing Director Recommendation Memorandum

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENTPURCHASING DIVISION 115 S. Andrews Avenue, Room 212 • Fort Lauderdale, Florida 33301 • 954-357-6066 • FAX 954-357-8535

Broward County Board of County CommissionersMark D. Bogen • Beam Furr • Steve Geller • Dale V.C. Holness • Chip LaMarca • Nan H. Rich • Tim Ryan • Barbara Sharief • Michael Udine

www.broward.org

DATE: August 1, 2018

TO: Evaluation Committee Members

THRU: Brenda J. Billingsley, Director of Purchasing

FROM: Nancy Olesen, Purchasing Agent

SUBJECT: Recommendation MemorandumRFP No. PNC2115559P1Professional Engineering Services for Studies and Reports

This memorandum supersedes the previous memorandum dated July 13, 2018

REFERENCE: (a) Procurement Code Subsection 21.83.d(b) Procurement Code Subsection 21.30.f.5

In accordance with reference (a), the Director of Purchasing reviews all submittals for responsiveness and recommends to the Evaluation Committee her findings, which the Evaluation Committee may accept or arrive at a different conclusion. Pursuant to Procurement Code Subsection 21.8.b.65, a responsive Bidder [proposer] means a person who has submitted a bid [proposal] which conforms in all material respects to a solicitation.

The Request for Proposals (RFP) PNC2115559P1 included two (2) responsiveness requirements,including Lobbyist Registration Certification Form and acknowledgement of “must” addenda. All seven (7) proposers are recommended to be evaluated as responsive to all responsiveness requirements.

In accordance with reference (b), the Evaluation Committee determines proposers’ responsibility.Pursuant to Procurement Code Subsection 21.8.b.64, a responsible firm is one that has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. To assist the Evaluation Committee in this determination, information regardingthe Office of Economic and Small Business Development goals compliance, the “material” litigation history disclosure, financial information, State of Florida authority to conduct business, affiliated entities, proof of insurance, and licensing responsibility requirements are provided. Six (6) proposers out of seven (7) proposers are recommended to be compliant to all responsibility requirements. Florida Technical Consultants, LLC is being recommended as non-compliant to the goal compliance responsibility requirement.

On July 31, 2018 a memorandum was received from Lakdas/Yohalem Engineering, Inc. requesting to withdraw from participating in the Final Evaluation for PNC2115559P1 (request attached herein).

This solicitation has a designated County Business Enterprise (CBE) goal of 25%.

Nancy OlesenDigitally signed by Nancy Olesen DN: dc=cty, dc=broward, dc=bc, ou=Organization, ou=BCC, ou=PU, ou=Users, cn=Nancy Olesen Date: 2018.08.01 15:23:47 -04'00'

BRENDA BILLINGSLEY

Digitally signed by BRENDA BILLINGSLEY DN: dc=cty, dc=broward, dc=bc, ou=Organization, ou=BCC, ou=PU, ou=Users, cn=BRENDA BILLINGSLEY Date: 2018.08.14 15:46:36 -04'00'

Recommendation MemorandumRFP No. PNC2115559P1, Professional Engineering Services for Studies and Reports August 1, 2018Page 2 of 13

A draft Director of Purchasing’s Recommendation Memorandum and the four (4) supporting documents from the Office of Economic and Small Business Development, Public Works Department Water and Wastewater Services, the County Attorney’s Office and the Risk Management Division were emailed to proposers with a request that, if a proposer desires to clarify any information provided in their response, they should do so in writing. All written explanations received were subsequently reviewed by staff, as applicable.

After careful review of the information provided and the solicitation’s requirements, the following recommendations are provided for consideration and final determination by the Evaluation Committee:

A. RESPONSIVENESS RECOMMENDATIONRecommendations regarding the responsiveness of proposers to the requirements are based on the solicitation’s criteria:

1. Lobbyist Registration - CertificationA vendor who has retained a lobbyist(s) to lobby in connection with a competitive solicitation shallbe 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 Section 1-262, Broward County Code of Ordinances.

A Lobbyist Registration Certification Form must be completed and returned upon request by the County if not included in the submittal.

Name of Firm Recommendation Remarks

Arcadis U.S., Inc. Responsive Not Retained

Brown and Caldwell (Corporation)

Responsive Retained*

Carollo Engineers, Inc. Responsive Not Retained

Florida Technical Consultants, LLC

Responsive Not Retained

Hazen and Sawyer, P.C. Responsive Not Retained

Lakdas/Yohalem Engineering, Inc.


Baxter & Woodman, Inc. d/b/a Mathews Consulting, a Baxter & Woodman Company


*Additional Information

Brown and Caldwell (Corporation) has retained Bernie Friedman of Becker & Poliakoff.


2. “Must” Addenda

There were no “Must” Addenda for this RFP.

B. RESPONSIBILITY INFORMATION

The information provided below is intended to inform the Evaluation Committee regarding each proposer’s responsibility. After careful review of the information provided and the solicitation’srequirements, the following information is provided for consideration and final determination by the Evaluation Committee:

1. Office of Economic and Small Business Development Program

The Broward County Business Opportunity Act of 2012 and the Disadvantaged Business Enterprise Program Title 49 Code of Federal Regulations Part 26 establish the County’s policies for participation by Small Business Enterprises (SBE), County Business Enterprises (CBE), and Federal Disadvantaged Business Enterprises (DBE’s) in County contracts.

In accordance with the above, the (CBE/DBE/SBE) goal participation for this contract is 25%

Name of Firm Responsibility Information Remarks

Arcadis U.S., Inc. Complies 27%


Complies 26%

Carollo Engineers, Inc. Complies 25%


Does not Comply *0%

Hazen and Sawyer, P.C. Complies 25%


Complies 75%


Complies 30%


Florida Technical Consultants, LLC initially submitted a blank CBE Letter of Intent (LOI) for this solicitation. The firm was given three (3) business days to provide documentation demonstrating their good faith efforts to meet the goal. Upon review of their good faith efforts, OESBD hasdetermined that Florida Technical Consultants, LLC did not meet the efforts to meet this goal for this solicitation and is not in compliance with the CBE program requirements.


Refer to the OESBD Compliance Memorandum for a report of the proposers’ CBE compliance history for projects completed within the last five (5) years of the RFP opening date.

2. Disclosure of Litigation HistoryThe solicitation requests firms to disclose 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. It is the responsibility of each proposer to identify and disclose to the County all “material” cases. “Material” cases include cases involving work similar to the scope of work in this solicitation, professional negligence, malpractice, default, termination, suspension, poor performance, bankruptcy and business related criminal offenses. “Material” cases do not include cases that involve garnishment, auto negligence, personal injury, workers' compensation, foreclosure or a proof of claim filed by the vendor.


Arcadis U.S., Inc. 29 Disclosed Cases No litigation with Broward County


3 Disclosed Cases No litigation with Broward County

Carollo Engineers, Inc. 0 Disclosed Cases No litigation with Broward County



Hazen and Sawyer, P.C. 4 Disclosed Cases No litigation with Broward County





3. Disclosure of Financial InformationThe information provided is based on a review by Water and Wastewater Services/Public Works Department. Each Vendor shall submit its most recent two (2) years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements shall be in the form of:

i. Balance sheets, income statements and annual reports; orii. Tax returns; oriii. SEC filings

The disclosure of financial information by proposers is a matter of responsibility.


Name of Firm Responsibility Information Remarks (Current Ratio)

Arcadis U.S., Inc. Provided 2017 FinancialsProvided 2016 Financials

1.602.12


Provided 2017 FinancialsProvided 2016 FinancialsProvided 2015 Financials

1.831.781.46

Carollo Engineers, Inc. Provided 2017 FinancialsProvided 2016 FinancialsProvided 2015 Financials

1.501.611.64


Provided 2017 FinancialsProvided 2016 Financials

1.871.64

Hazen and Sawyer, P.C. Provided 2017 FinancialsProvided 2016 Financials

1.461.42



15.111422.71



1.091.09

Refer to the Financial Review Memorandum for any reportable conditions brought to the attention of the Evaluation Committee.

4. Authority to Conduct Business in FloridaA Florida corporation or partnership is required to provide evidence with its response that the firm is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with its response, such evidence must be submitted to the County upon request by the County.


Arcadis U.S., Inc. Provided Authorized/Good Standing


Provided Authorized/Good Standing

Carollo Engineers, Inc. Provided Authorized/Good Standing



Hazen and Sawyer, P.C. Provided Authorized/Good Standing






5. Affiliated Entities of the Principal(s)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. “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.

An Affiliated Entities Certification Form was included in the solicitation and must be completed and returned upon request by the County, if not included in the original response.


Arcadis U.S., Inc. Provided No Affiliates


Provided No Affiliates

Carollo Engineers, Inc. Provided No Affiliates



Hazen and Sawyer, P.C. Provided No Affiliates





6. Insurance RequirementsThe solicitation indicated 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 the vendor needs to submit a letter from the carrier indicating upgrade availability.



Arcadis U.S., Inc. Provided Compliant – Has Insurance


Provided Compliant – Has Insurance

Carollo Engineers, Inc. Provided Compliant – Has Insurance



Hazen and Sawyer, P.C. Provided Compliant – Has Insurance




Provided *Compliant – Has Insurance


Baxter & Woodman, Inc. d/b/a Mathews Consulting, a Baxter & Woodman Company took exception to Article 8.3.1. The firm requested removal of the 8.3.1. mold, fungus, asbestos, sexual molestation requirement indicating that this was not insurable.

7. Licensing RequirementsThe solicitation stated that Proposers must provide evidence that they hold a current Professional Engineer license with the State of Florida.


Arcadis U.S., Inc. Provided Compliant


Provided Compliant

Carollo Engineers, Inc. Provided Compliant


Provided Compliant

Hazen and Sawyer, P.C. Provided Compliant


Provided Compliant



Provided Compliant

C. COUNTY STANDARD TERMS AND CONDITIONS INFORMATION: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 Evaluation Committee. The applicable Agreement terms and conditions for this solicitation were indicated in the Special Instructions to Vendors. Vendors were 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. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception.

Name of Firm Agree Exceptions

Arcadis U.S., Inc. No Article 4 – Liquidated Damages


Yes None

Carollo Engineers, Inc. Yes None


Yes None

Hazen and Sawyer, P.C. Yes None


Yes None


No Article 8.3.1 – Mold, fungus, asbestos, sexual molestationrequirement

D. REFERENCESThe solicitation’s Evaluation Criteria – Project Specific Criteria, Page 18, Question 3, request that completed references be provided for previous experience and projects. Attached are the references as verified by County staff.

E. PERFORMANCE EVALUATIONSThe Broward County Purchasing Division Contracts Central indicates evaluation scores for the proposing firms previously awarded contracts. Completed performance evaluations may be provided upon request.


Attached are Contracts Central performance evaluation history for each vendor, as applicable,including evaluation type (renewal, goals compliance, or final) and recommendation for future contracts (yes, no, or conditional). If a firm has periodic evaluations, it will be listed separately.

Additional Information: In response to the Purchasing Director’s Draft Memorandum, to which the vendor can

respond within 48 hours to any comments or deficiencies noted in the Purchasing Director’s Draft Memorandum, Brown and Caldwell (Corporation) had a score that was highlighted in bright orange. The bright orange highlight indicates that the firm receive an individual score of 1 or 2 on an item for that evaluation.

F. CONE OF SILENCE VIOLATIONSThe Cone of Silence for this procurement has been in effect since May 3, 2018 which prohibits potential vendors from discussing this solicitation with the Evaluation Committee, the County Administrator, Deputy County Administrator, Assistant County Administrator, Assistants to the County Administrator, their respective support staff, and any other person authorized to evaluate or recommend selection in this procurement process.

Upon the first meeting of the Evaluation Committee, the Cone of Silence expands to also include County Commissioners and their staff. Potential vendors and their representatives are substantially restricted from communicating with County Commissioners and their staff regarding this procurement as stated in the Cone of Silence Ordinance.

After 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. Vendors are required to certify that they have read, understand and will comply with the Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances.

The following is a report of the proposers’ Cone of Silence violations:

Name of Firm Remarks Violations

Arcadis U.S., Inc. Will Comply *None


Will Comply None

Carollo Engineers, Inc. Will Comply None


Will Comply None

Hazen and Sawyer, P.C. Will Comply None


Will Comply None



Will Comply None


Arcadis U.S., Inc. had one reported violation: July 8, 2011 - Robert Daoust, Principal Scientist, Malcolm Pirnie/Arcadis U.S. Inc. On September 6, 2011, the Office of Intergovernmental Affairs and Professional Standards determined that the alleged violation of the Broward County Cone of Silence Ordinance was unsupported.

Additional Information:In response to the Purchasing Director’s Draft Memorandum, to which the vendor can respond within 48 hours to any comments or deficiencies noted in the Purchasing Director’s Draft Memorandum, Arcadis U.S., Inc. provided information that the cone of silence violation was from a former employee.

G. VOLUME OF PREVIOUS WORK - EVALUATION CRITERIA AND/OR TIE BREAK CRITERIAThe solicitation states that a number of points will be allocated for volume of previous work of the firm for the past five (5) years. The volume of work for each of the proposing firms is as follows:

Name of Firm Proposer Reported County Reported Points Allocated

Arcadis U.S., Inc. $249,887.00 $95,971.02 5 Points


$4,779,744.97 $4,779,744.97 3 Points

Carollo Engineers, Inc. $2,140,769.03 $2,140,769.03 5 Points


$0.00 $0.00 5 Points

Hazen and Sawyer, P.C.

$21,642.843.00 $22,213,207.22 0 Points


$58,940.00 $58,940.30 5 Points


$0.00 $0.00 5 Points

Additional Information

5 points allocated to vendors paid $0 to $3,000,0003 points allocated to vendors paid $3,000,001 to $7,500,0001 point allocated to vendors paid $7,500,001 to $10,000,000


0 points allocated to vendors paid over $10,000,000

H. PRINCIPAL BUSINESS LOCATION The solicitation states that a number of points will be allocated for location of the firm. The Vendor’s principal address 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 (6) months prior to the solicitation’s due date. A proposer with a principal business location within Broward County will receive five (5) points. A proposer not having its principal business location within Broward County will receive zero (0) points.

The results are as follows:

Name of Firm Proposed AttestedNerve Center

Location Verified in SunBiz

Points Allocated

Arcadis U.S., Inc. 630 Plaza Drive, Suite 10Highlands Ranch, CO

YES 0


201 North Civic Drive, Suite 300Walnut Creek, CA

YES 0

*Carollo Engineers, Inc.

2700 Ygnacio Valley Road, Suite 300Walnut Creek, CA

YES 0


533 East Ocean Avenue, Suite 2,Boynton Beach, FL

YES 0

Hazen and Sawyer, P.C.

4000 Hollywood Boulevard, Suite 750 Hollywood, FL

YES 0


2211 NE 54th StreetFort Lauderdale, FL

YES 5


477 S. Rosemary Avenue, Suite 330

West Palm Beach, FL

YES 0

Additional Information:In response to the Purchasing Director’s Draft Memorandum, to which the vendor can respond within 48 hours to any comments or deficiencies noted in the Purchasing Director’s Draft Memorandum, Hazen and Sawyer, P.C. principal address, as verified in Sunbiz, is 4000 Hollywood Blvd., Suite 750N, Hollywood, FL 33021.


Additional Information:As published on Hazen and Sawyer, P.C.’s website, their Corporate Headquarters is in New York and their Regional Headquarter is located in Hollywood, Florida. To receive points for the principal business location, the “headquarter” is to be considered the nerve center of the entire company, not the region. Due to the Hollywood, FL location designated to be their Regional location and not the never center of the entire company, the firm will not receive points for location.

I. LOCAL PREFERENCE A vendor is eligible to be considered a local business for Local Preference purposes if it has a physical business address located within the limits of Broward County. The vendor must provide a valid business tax receipt issued by Broward County at least one (1) year prior to bid or proposal opening.

Broward County’s Local Preference Ordinance specifically excludes the application of a local preference for professional services procured pursuant to Section 287.055, F.S. (CCNA).

J. LOCATION - TIE BREAKER A Vendor located within Broward County is eligible for the Location Tie Breaker. The County requires a copy of the Broward County Business Tax receipt for a period of time of at least six (6) months prior to the solicitation deadline and it must be provided with its initial submittal.

The results are as follows:

Name of Firm Eligibility Broward County Tax Receipt

Arcadis U.S., Inc. Eligible Provided


Eligible Provided

Carollo Engineers, Inc. Eligible Provided


Eligible Provided

Hazen and Sawyer, P.C. Eligible Provided


Eligible Provided


Eligible Provided


Attachments1. Vendor Reference Verifications2. Vendor Performance Evaluations3. Vendor Responses to Draft Memo4. Lakdas/Yohalem Engineering, Inc. Memo

c: Bob Melton, County Auditor, Office of the County AuditorRobert Wilson, Title, Division, Department (Project Manager)Martha Perez-Garviso, Purchasing Manager, Purchasing Division, Finance and Administrative Services DepartmentGlenn Miller, Assistant County Attorney, Office of the County AttorneyFernando Amuchastegui, Assistant County Attorney, Office of the County Attorney

BJB/GM/no/mm

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VS0000013130 / VS00013130 - ARCADIS U.S. INC Prime Vendor Summary

1 OE: Open Thres: No Threshold No Fixed Contracts

No Final/Completed/Renewal Performance Evaluations Over Past 5 Years From Begining Of Advantage: First PO Issued Date: 10/04/2017Purchase Orders: 1 POs With A Total Amt Of: $200,000.00 Paid To Dt: ($121,329.49) Balance: $78,670.51

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Proj Nbr: 9319 - OE Nbr: R1008103R1 - WA Nbr: BC 13-18

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6/13/2017 YES 4.86 View Docs (0)

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6/18/2018 YES 3.55 View Docs(1)

Proj Nbr: 9320 - OE Nbr:R1008103R1 - WA Nbr: BC13-20



6/13/2018 YES 4.14 View Docs(0)




1/12/2018 YES 4.94 View Docs(0)

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12/18/2017 YES 4.88 View Docs(0)




10/16/2017 YES 4.73 View Docs(0)

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8/25/2017 YES 4.95 View Docs(0)




7/11/2017 YES 4.76 View Docs(0)

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2/27/2017 YES 4.00 View Docs(0)



10/13/2016 YES 3.84 View Docs(0)

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10/19/2015 YES 4.48 View Docs(0)



3/20/2015 YES 3.85 View Docs(0)


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VC0000044184 / VC00044184 - CAROLLO ENGINEERS INC Prime Vendor Summary1 OE: Expired Thres: PS: $0.01 Used: $0.00 Remain: $0.01Fixed Contracts - Open: 1 Total $3,548,484.00 Closed: 0 Total: $0.00Total Current Retainage Balance For All Contracts: $7,933.70No Final/Completed/Renewal Performance Evaluations Over Past 5 YearsFrom Begining Of Advantage: First PO Issued Date: 06/29/2015Purchase Orders: 2 POs With A Total Amt Of: $3,623,179.00 Paid To Dt: ($2,187,951.60) Balance:$1,435,227.40

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Project: 9058 - DISTRICT 3A POTABLE WATER STORAGE Consultant Contract: R1220410P1 - Consultant Engineering Services for Potable Water Storage Tanks and Pumping Systems Prime Vendor: CAROLLO ENGINEERS, INC

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Proj Nbr: 9167 - OE Nbr:200609110EED1 - WA Nbr:HS0773


Final ConsultantWorkAuthorizationEvaluation

12/12/2017 YES 4.30 View Docs(0)

OE Nbr: 200609110EED1WATER &WASTEWATERENGINEERING

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8/30/2016 YES 4.38 View Docs(0)

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12/4/2014 YES 4.15 View Docs(0)




6/20/2014 YES 3.93 View Docs(0)

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VC0000031066 / VC00031066 - LAKDAS/YOHALEM ENGINEERING INC Prime Vendor Summary1 OE: Open Thres: No Threshold1 OE: Expired Thres: No Threshold2 OE: Total: Thres: $0.00 Used: $0.00 Remain: $0.00Fixed Contracts - Open: 1 Total $130,000.00 Closed: 0 Total: $0.00

No Final/Completed/Renewal Performance Evaluations Over Past 5 YearsFrom Begining Of Advantage: First PO Issued Date: 12/08/2004Purchase Orders: 12 POs With A Total Amt Of: $234,350.00 Paid To Dt: ($159,340.30) Balance:$71,059.70Vendor Is Certified CBE Start Dt: 11/7/2015 End Dt: 11/7/2018

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Project: 9197 - NRWWTP Steel Structure Repair and Replacement Consultant Contract: R1007403R1 - North Regional Wastewater Treatment Plant - Structural Steel Replacement Prime Vendor: LAKDAS/YOHALEM ENGINEERING INC

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6/27/2018http://mrnet01/ContractsCentral/EvaluationSummary.aspx?


Prime Vendor Dashboard - MATHEWS CONSULTING INC

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From: Torres, Leah (Richter)To: Olesen, NancyCc: Warriner, Kori; Pachano, Carolina; Fernandez, JoanSubject: RE: Purchasing Director Recommendation Memorandum - DRAFT - Request for Proposal (RFP) No. PNC2115559P1 - Professional Engineering Services for Studies and ReportsDate: Friday, July 13, 2018 11:14:19 AM

Good morning, Nancy.Thank you for sending the draft Recommendation Memorandum for RFP No. PNC2115559P1 for Professional Engineering Services for Studies and Reports.We do not have any specific deficiencies to address, however, we noticed that one of our former employees, Robert Daoust, is reported to have violated thecone of silence in 2011. We are hopeful that a flagged violation from a former employee that took place 7 years ago does not affect our consideration for thisRFP. Thank you again for the opportunity to review the draft memo!Leah

From: Olesen, Nancy <[email protected]> Sent: Wednesday, July 11, 2018 4:25 PMTo: Torres, Leah (Richter) <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>;'[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>;'[email protected]' <[email protected]>; '[email protected]' <[email protected]>;'[email protected]' <[email protected]>; '[email protected]' <[email protected]>;'[email protected]' <[email protected]>; Pachano, Carolina <[email protected]>Cc: Perez-Garviso, Martha <[email protected]>; Messersmith, Carolyn <[email protected]>; O'Connor, Dave<[email protected]>Subject: FW: Purchasing Director Recommendation Memorandum - DRAFT - Request for Proposal (RFP) No. PNC2115559P1 - Professional EngineeringServices for Studies and Reports To: All Proposers: Attached is the attachment. Thank you,Nancy

Nancy Olesen, Purchasing AgentBroward County Purchasing Division115 S. Andrews Avenue, Room 212, Fort Lauderdale, Fl 33301Office: 954-357-7995, Fax: 954-357-8253 [email protected]

From: Olesen, Nancy Sent: Wednesday, July 11, 2018 3:53 PMTo: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected];[email protected]; [email protected]; [email protected]; [email protected];[email protected]; [email protected]: Perez-Garviso, Martha <[email protected]>; Messersmith, Carolyn <[email protected]>; O'Connor, Dave<[email protected]>Subject: Purchasing Director Recommendation Memorandum - DRAFT - Request for Proposal (RFP) No. PNC2115559P1 - Professional Engineering Services forStudies and Reports To: All Proposers Ref: RFP No. PNC2115559P1 - Professional Engineering Services for Studies and Reports - 48 Hour Review of the Draft Purchasing Director'sRecommendation Memorandum Attached are e-files of the Director of Purchasing’s DRAFT Recommendation Memorandum and the four (4) supporting memoranda from the Officeof Economic and Small Business Development (OESBD), Water and Wastewater Services, County Attorney’s Office, and Risk Management for yourreview. Also attached to the DRAFT memorandum are the reference checks and performance evaluations. If any deficiencies are noted in these memoranda concerning your firm, you have the opportunity to make an explanation in writing via email ofthose deficiencies to the undersigned below by noon on Friday, July 13, 2018.

Initial Evaluation Committee Meeting ( Committee Meeting Date: Monday, July 16, 2018


Under Florida law, most e-mail messages to or from Broward County employees or officials are public records, available to any personupon request, absent an exemption. Therefore, any e-mail message to or from the County, inclusive of e-mail addresses containedtherein, may be subject to public disclosure.This email and any files transmitted with it are the property of Arcadis and its affiliates. All rights, including without limitation copyright, are reserved. This email contains information that may beconfidential and may also be privileged. It is for the exclusive use of the intended recipient(s). If you are not an intended recipient, please note that any form of distribution, copying or use of thiscommunication or the information in it is strictly prohibited and may be unlawful. If you have received this communication in error, please return it to the sender and then delete the email anddestroy any copies of it. While reasonable precautions have been taken to ensure that no software or viruses are present in our emails, we cannot guarantee that this email or any attachment isvirus free or has not been intercepted or changed. Any opinions or other information in this email that do not relate to the official business of Arcadis are neither given nor endorsed by it.

From: Celia EarleTo: Olesen, NancyCc: Albert PerezSubject: RE: Purchasing Director Recommendation Memorandum - DRAFT - Request for Proposal (RFP) No.

PNC2115559P1 - Professional Engineering Services for Studies and Reports - ResponseDate: Friday, July 13, 2018 11:20:15 AMAttachments: BC Response to Recomm Memo PNC2115559P1_071318.pdf

Good Morning Ms. Olesen, Brown and Caldwell has reviewed the Purchasing Director Recommendation Memorandum - DRAFT- Request for Proposal (RFP) No. PNC2115559P1 - Professional Engineering Services for Studies andReports and has found two discrepancies that are noted in the attached letter. Please review and let us know if you have any questions. Please do not hesitate to contact Mr.Albert Perez or myself. We will be in attendance at Monday’s meeting. Have a lovely day. Celia Celia D. A. Earle, Ph.D.Vice President, Client Service ManagerBrown and [email protected] 954.200.7615 | C 954.600.6918 | F 954.200.7612

For secure or large files, please send to my dropbox:https://www.hightail.com/u/CeliaEarle

1560 Sawgrass Corporate Parkway Suite 240 Sunrise, FL 33323 T: 954.200.7611 F: 954.200.7612

July 13, 2018 Ms. Nancy Olesen, Purchasing Agent Broward County Purchasing Division 115 South Andrews Avenue, Room 212 Fort Lauderdale, Florida 33301 Subject: Recommendation Memorandum for RFP No. PNC2115559P1 for Professional Engi-

neering Services for Studies and Reports for Broward County Water and Wastewater Services

Dear Ms. Olesen: Brown and Caldwell is in receipt of Recommendation Memorandum for the subject RFP that was distributed to the Selection Committee on July 11th, 2018. Upon reviewing the Memorandum, we identified two discrepancies for which we respectfully request clarification or correction.

FFlagged Score for Past Broward County Projects

Brown and Caldwell has completed 15 projects for Broward County for which we have scored Good to Excellent for all. For one project (BC 13-24), for which our overall rating was classified Good, the score was highlighted in bright orange, which gives the perception that there was a deficiency. A screen capture of this project in question, together with a sampling of our other projects are provided below.

We would note that no other consultant was flagged in this manner. We request removal of the highlighted score or written clarification of the reason for including the highlight. We further re-quest that the Selection Committee be notified of change.

Ms. Nancy Olesen Broward County Purchasing Division July 13, 2018 Page 2

bc response to recomm memo pnc2115559p1_071318.docx

CCriteria for Awarding Principal Business Location Points

It was Brown and Caldwell’s understanding that to receive points as a locally headquartered firm, the Corporate Headquarters of the firm must be in Broward County. The RFQ and County Ordi-nance defines Principal Place of Business as follows: “Principal Place of business means the nerve center or the center of overall direction, control and coordination of the activities of the bidder”. In this case, the “bidder” is the corporate entity, not a regional or branch office. Our un-derstanding is that in practice and specifically directed by the County’s Local Attestation Form, a corporation’s nerve center” is the place the corporation maintains its headquarters provided that the headquarters is actually the center of the corporation’s direction, control and coordination. Based on this understanding of the intent and specific requirements of the County’s local prefer-ence ordinance, Brown and Caldwell did not seek points for our Principal Place of Business. However, upon reviewing the subject memorandum, we observed that another national firm (Hazen) that, as stated in its proposal (State of Florida Certificate of Status), has its corporate headquarters in New York City was awarded 5 points for having their principal place of business in Broward County. This would suggest that in practice, having the corporate headquarters in Broward County is not a requirement, despite the apparent intent of the ordinance and specific attestation requirements. The local preference points awarded to a firm with an out of state cor-porate headquarters is materially significant and provides a competitive advantage without a clear supporting basis. Consequently, we respectfully request written clarification of the criteria as defined in the County’s Location Attestation Form for determining when to award these points. Depending on the clarification provided, we further request the opportunity to revisit whether or not Brown and Caldwell should also be awarded points for this category. We appreciate your attention to the foregoing. Respectfully submitted, Brown and Caldwell Albert L. Perez, PE Celia D. A. Earle, PhD Principal-in-Charge Client Service Manager Alberttt LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL......... PerPrinciciciciciciiccciccicicccciiiiiiiiiiicciiipaaapapapapaaaaapaaaaapapapapaaapaapapapapaapaaapaaappappapppppppppppppppppp l-in-C

From: Elizabeth FujikawaTo: Olesen, NancySubject: Re: Purchasing Director Recommendation Memorandum - DRAFT - Request for Proposal (RFP) No. PNC2115559P1 - Professional Engineering Services for Studies and ReportsDate: Thursday, July 12, 2018 12:32:08 AM

Hi Nancy,I noticed Hazen says their headquarters is in Hollywood. And they get five points for that. Their website says it’s in New York. Please see the attached.

Thanks,Liz

On Jul 11, 2018, at 4:32 PM, Olesen, Nancy <[email protected]> wrote:

To: All Proposers: Attached is the attachment. Thank you,Nancy


From: Olesen, Nancy Sent: Wednesday, July 11, 2018 3:53 PMTo: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected];[email protected]; [email protected]; [email protected]; [email protected]: Perez-Garviso, Martha <[email protected]>; Messersmith, Carolyn <[email protected]>; O'Connor, Dave <[email protected]>Subject: Purchasing Director Recommendation Memorandum - DRAFT - Request for Proposal (RFP) No. PNC2115559P1 - Professional Engineering Services for Studies and Reports To: All Proposers Ref: RFP No. PNC2115559P1 - Professional Engineering Services for Studies and Reports - 48 Hour Review of the Draft Purchasing Director's Recommendation Memorandum Attached are e-files of the Director of Purchasing’s DRAFT Recommendation Memorandum and the four (4) supporting memoranda from the Office of Economic and Small Business Development (OESBD), Water andWastewater Services, County Attorney’s Office, and Risk Management for your review. Also attached to the DRAFT memorandum are the reference checks and performance evaluations. If any deficiencies are noted in these memoranda concerning your firm, you have the opportunity to make an explanation in writing via email of those deficiencies to the undersigned below by noon on Friday, July 13, 2018. Initial Evaluation Committee Meeting ( Committee Meeting Date: Monday, July 16, 2018 <image001.jpg>


Under Florida law, most e-mail messages to or from Broward County employees or officials are public records, available to any person upon request, absent an exemption. Therefore, any e-mail messageto or from the County, inclusive of e-mail addresses contained therein, may be subject to public disclosure.

<Purchasing Director Recommendation Memorandum - Draft Memo.pdf>