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Thornton Tomasetti
Bid Contact MacKenzie Ross -Fidler
Ph 954-218 -4428
Address 101 NE 3rd Avenue
Fort Lauderdale, FL 33301
Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs
PNC2115981P1 --01-01 Professional
Consultant
Services for
Airport
Studies,
Evaluations
and
Assessment
Supplier Product
Code:
Supplier
Notes: Section 3
Vendor Reference
Verification Forms
have been included in
the PDF Section 9
Thornton Tomasetti
Forms_Final
First Offer - 1 / each Y Y
Supplier Total $0.00
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 1
55
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Thornton Tomasetti
Item: Professional Consultant Services for Airport Studies, Evaluations and Assessment
Attachments
_ThorntonTomasettiQuals_20180615.docx
Section 9_Thornton Tomasetti Forms_Final.pdf
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 2
Proposal for Professional Consultant Services Airport Studies, Evaluations and Assessment
Solicitation PNC2115981P1
Broward County Board of County
Commissioners
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 3
Table of Contents
Section 1 Ability of Professional Personnel
Section 2 Project Approach
Section 3 Past Performance
Section 4 Specialized Experience and Capabilities
Section 5 Workload of the Firm
Section 6 Location
Section 7 Willingness to Meet Time and Budget Requirements
Section 8 Volume of Previous Work
PNC2115981P1Broward County Board ofCounty Commissioners
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1
ABILITY OF PROFESSIONAL PERSONNEL
PNC2115981P1Broward County Board ofCounty Commissioners
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1 | Qualifications
1. Ability of Professional Personnel - Organization
and Qualification Describe the qualifications and relevant experience of the prime Consultant’s Project Manager and all key staff that are intended to be assigned to this project.
About Thornton Tomasetti
Thornton Tomasetti is a 1,300-person, “ENR Top 125,” privately
held firm that provides a full range of structural design and
engineering services for major projects in the U.S. and overseas.
From the tallest buildings and the longest spans, to innovative
building systems, materials and analysis, we are committed
to creating the best solutions through our technical ingenuity,
pursuit of excellence, and responsiveness to client needs. We
are leaders in engineering innovation and aspire to be one of
the most sustainable firms in our industry in the way we design
our projects and in how we operate as a responsible business.
Dating back to 1949, today we are an organization of
engineers, architects, sustainability practitioners and support
professionals collaborating from offices across the United
States, Canada and in Asia-Pacific, Europe, Latin America and
the Middle East.
Thornton Tomasetti provides structural engineering design, investigation and analysis services to clients worldwide on projects of every size and level of complexity. The firm addresses the full life cycle of the structure through our 10 complementary practices, including Structural Engineering, Façade Engineering, Sustainability, Construction Engineering, Renewal, Forensics, Property Loss Consulting, Weidlinger Applied Science, Weidlinger Protective Design, and Weidlinger Transportation. Dating back to 1949, today we are a 1,300-person organization of engineers, architects, and support professionals collaborating from offices across the world, including offices in Dallas and Austin.
Building Evaluations, Feasibility, and Renovation Expertise
Thornton Tomasetti’s team for Broward County Board of County Commissioners System brings extensive experience in performance investigations, condition assessments, pre- purchase due diligence surveys, feasibility studies and peer reviews. We design repairs, renovations and alterations and oversee their execution. Our wealth of our firm’s renewal expertise comes from decades of investigation, design and construction experience covering all major building systems. This broad base enables us to assemble the most qualified team for every project. As needed, our team will draw on the specialty skills and resources that reside in our other practices, including façade engineering, energy modeling and sustainability.
We start by asking the right questions to understand our clients’ objectives, project requirements and the history of their buildings. We manage schedule and budget constraints, occupancy requirements and site logistics to help meet those objectives.
Aviation Expertise
Thornton Tomasetti has built a stellar reputation for developing
innovative, cost-effective solutions to the most rigorous
structural challenges of aviation design. We work closely with
architects to provide the structural systems, forms and quality
necessary to achieve an envisioned building’s concept and
geometry. Thornton Tomasetti excels at optimizing structural
system design to reduce structural weight while also addressing
constructability. We have worked at over 60 airports around the
globe and provide design services for both terminals and
for airport support structures such as hangars, cargo facilities
and air traffic control towers. In addition to our firm experience,
the team selected for this submittal has extensive aviation
experience. Please see the attached resumes.
10 practices
11 market sectors
60 countries
projects on six continents
1,300 employees
41 offices worldwide
one firm
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2 | Qualifications
1. Ability of Professional Personnel - Organization and Qualification (Continued)
Subconsultants
Thornton Tomasetti has included two subconstulants on our team for this pursuit including Gurri Matute and Craven Thompson & Associates (CTA). Below is information about each firm.
Gurri Matute (Architecture)
Gurri Matute PA is a high-energy, award-winning architectural and interior design studio established since 1996. Founding partner, Daphne I. Gurri, AIA, LEED AP initially started the practice as a sole proprietor and in the year 2000, Jose G. Matute, AIA, LEED AP, CGC joined as Partner, and as a result, the Firm changed its name to Gurri Matute PA (GMPA). GMPA is a Florida registered corporation and is headquartered in Miami, Florida with a satellite office in Fort Lauderdale, Florida. GMPA is authorized to provide architectural and interior design services in the State of Florida and Texas.
Our team of architects and designers believe in authentic, genuine storytelling that is manifested in the design of space.
We bridge an individual or a company’s brand into physical space-branding through the creation of space. We are passionate about our creative process for designing space. At the core of our creative process is the collaborative effort. We celebrate working in unison and in collaboration through a design charrette process where we focus on what matters most to people- connecting to other people and nature, and connecting to a rich and diverse culture.
Our mission is to conceptualize, strategize, and identify innovative design solutions for our clients, and we do this by keeping our fingers on the pulse of technology, new products, and design trends. This enables us to create a fresh approach for even the most complex of projects. Because we care deeply about the built environment, our designs are both socially responsible and responsible to the environment.
At Gurri Matute, we create beautiful places and spaces to live work and play that are evocative and make you feel good.
Craven Thompson & Associates (Civil Engineering)
Craven Thompson and Associates, Inc. is a well-seasoned, multi-disciplinary consulting firm which combines the expertise of surveying, civil engineering, land planning and landscape architecture to creatively solve the challanges of our public and private clients. Founded over 50 years ago as a small surveying and civil engineering firm, Craven Thompson has flourished into a one of the leading multi-disciplinary firms in South Florida.
Currently employing over 60 persons, Craven Thompson offers a wide variety of services such as infrastructure analysis and design, Geographic Information Services (GIS), master planning, 3d Laser Scanning, municipal consulting, site, landscape and irrigation design, streetscape design as well as a multitude of other services.
Every project at Craven Thompson is considered a team effort in order to utilize the diverse experience base of our employees here at CTA. We are extemely fortunate to have a very large number of long term employees which is rare in the ever-changing South Florida market. That alone says volumes on the working environment we provide for our employees to
inable them to best serve our clients. We rely on their valuable expertise to solve the challanges that our clients face in a quick, responsive manner. The relationships and outstanding reputation that we have built over the last 50 years is paramount to the success of Craven Thompson and our clients.
Team Qualifications
Qualifications of our team members can be found on the following pages.
Include resumes for the Project Manager and all key staff described. Include the qualifications and relevant experience of all subconsultants’ key staff to be assigned to this project.
Resumes for each key team member are on the following pages.
Include the qualifications and relevant water resources modeling experience of all subconsultants’ key staff to be assigned to this project. The Aviation Department expects to receive signed and sealed reports when and where necessary.
Craven Thompson & Associates, Inc. (CTA) has provided water modeling, and/or wastewater modeling, for the Fort Lauderdale/ Hollywood International Airport – Wastewater Study, the Broward County Water & Wastewater Services (BCWWS) projects UAZ 124, 308, and 310 Projects, and is currently working on UAZs 108 and 122/123.
They have provided both water & wastewater modeling and ICPR stormwater modeling services to BCWWS on the South County Neighborhood Improvement Project (SCNIP), the Central County Neighborhood Improvement Project (CCNIP), and the North Central County Neighborhood Improvement Project (NCCNIP). This totals over five-thousand (5,000) acres of utility improvement modeling for BCWWS.
CTA have also provided water and/or sewer modeling using WaterCAD and/or SewerCAD for projects in the cities of Fort Lauderdale, Oakland Park, Hallandale Beach, Davie, Port Everglades, and Lake Worth over recent years.
CTA has recently created ICPR stormwater models for the City of Hallandale Beach (2,816 Acres), and for a major portion of the City of Greenacres known as Original Section (250 Acres). These projects included master planning with the development of scheduled improvements to be implemented over a number of fiscal years to mitigate flooding conditions.
CTA is currently working as the Prime with our sub-consultant, Hazen and Sawyer, on the Comprehensive Stormwater Master Plan for Aventura; and we are a sub-consultant to Hazen and Sawyer (the Prime) on the City of Fort Lauderdale Stormwater Master Plan & Implementation, as well as serving as the District Drainage Engineers for the Central Broward Water Control District (CBWCD) and the Tindall Hammock Irrigation and Soil Conservation District (THISCD).
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3 | Qualifications
Derek A. Wassink, P.E., R.A., S.I., LEED AP
Principal in Charge Summary
Mr. Wassink joined Thornton Tomasetti in 2015 with more than 25 years of experience in structural
design, project management and coordination, and business development. His experience includes
residential, healthcare, education, municipal, hospitality and parking structures. He brings expertise
in concrete post-tension structures, particularly high- and mid-rise residential and hotel buildings. Mr.
Wassink is both a licensed engineer and an architect, which gives him insight how, as a structural
engineer, he can assist architects to achieve their goals.
Education
• M.C.E., Structural Engineering, 1998, Villanova University
• B.S.E., Architecture and Engineering, 1987,
Princeton University
Registrations
• Licensed Professional Engineer in Florida and Pennsylvania
• Licensed Special Inspector in Florida
• Registered Architect in New York
• LEED Accredited Professional
• Structures Specialist (StS2), Federal Emergency
Management Agency (FEMA) Urban Search and Rescue
(USAR) Florida Task Force 1
Teaching
• Adjunct Faculty, Florida International University (FIU), 2013
Select Project Experience
Terminal 1, Concourse B and C. Fort Lauderdale–
Hollywood International Airport, Fort Lauderdale, FL.*
Structural design services for the expansion of the airport.
Jetscape Westside Development, Fort Lauderdale, FL.
Structural engineering services for a three-story terminal
building, totaling 25,000 square feet with a porte-cochère on the
front and a structural covered area on the rear. There are two
hangars totaling 30,000 square feet each with a 5,000-square-
foot custom designed office space.
Wayman Aviation Academy, North Perry Airport, Pembroke
Pines, FL. Structural engineering services for a new
9,600-square-foot prefabricated metal building pilot training
center which includes exposed structural ceilings in lobby and
dispatch room.
Parking Garage Investigation, Greater Orlando Aviation
Authority, Orlando, FL. Structural investigation and review of a
newly constructed 2,500 car parking garage.
Miami Beach Police Headquarters Visitors Garage Vertical
Expansion Feasibility Study, Miami Beach, FL. Prime
Consultant and structural engineering services to determine
if two additional levels could be added on top of an existing
four-story, 136-space concrete garage built circa 1984.
Thornton Tomasetti managed the overall study and hired and
directed the architect, MEP and cost subconsultants. The
scope of work
included review of the building code and structural requirements
of the current code to confirm that an additional 113 spaces
within two levels was possible.
City of Sunrise Public Safety Complex and Fire Station,
Sunrise, FL.* Structural design and threshold inspection services
for a 132,000-gross-square-foot public safety complex and fire
station. The complex, hardened to withstand a low Category-4
hurricane, includes facilities for the police department, fire-
rescue administration, a municipal emergency operations center
and a joint training center that includes a weapons firing range.
* Denotes work performed with previous employer.
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4 | Qualifications
Claudia Mazzocchetti, P.E., Ing.
Project Manager Summary
Ms. Mazzocchetti joined Thornton Tomasetti in 2015 with seven years of previous experience.
Her background includes structural analysis, design and coordination of a variety of building types
projects, including airports, long-span roof structures, high-rise buildings and mixed-use transportation
hubs. She worked extensively on international projects, finite element analysis of complex structures
and design of structures per American, European and Middle East codes and markets. She is
interested in linear and non-linear analysis for vibration, wind and seismic design and sustainability
design. Ms. Mazzocchetti is responsible for structural coordination with a multidisciplinary design team,
management of the structural project team and contract document preparation.
Education
• B.S. and M.Eng. with Honors, Structural Engineering and
Architecture, 2007, University of Rome Tor Vergata, Rome, Italy
Registrations
• Licensed Professional Engineer in Connecticut
• Licensed Professional Engineer in Italy
Professional Activities
• Member, Florida Structural Engineers Association
Select Project Experience
Azerbaijan Airlines, International Terminal, Baku, AZE.*
Concept design of a new terminal building at the Heydar Aliyev
International Airport. The project has a triangular plan with sides
approximately 300 meters. The roof design is a complex diagrid
steel structure supported by internal columns and regularly
spaced columns on the building’s perimeter.
King Abdulaziz International Airport, Passenger Terminal
Building, Jeddah, KSA.* Structural design of a passenger
terminal at an airport. Scope included design of the foundation
of the concourses, each of which is approximately 40 meters
wide and 550 meters long. Each concourse is essentially an
independent structure for the transfer of gravity and lateral loads,
however the foundations are continuous with no joints in order to
minimize differential displacements and control joint widths.
King Abdulaziz International Airport, Automated People
Mover and Maintenance Facilities Canopy, Jeddah, KSA.*
Structural engineering services for an automated people mover
and a maintenance facilities canopy.
SAVE, Marco Polo Airport, Venice, ITA.* Feasibility study of the
expansion of a terminal at an airport and the creation of a link
from the terminal to a high-speed railway station and water port.
Scope included the baggage handling system addressing the
short distance between the airport and the sea.
Dongdaegu Mixed-Use Transportation Hub, Daegu, KOR.*
Structural design of a mixed-use transportation hub that includes
a shopping mall, bus terminal, water park and cinemas. Scope
included vibration analysis and integration of the building with
the subway system. The site constraints and integration with the
subway station and tunnel require complex analysis of the
portions of the building with 90-meter spans.
Nuova Stazione per l’Alta Velocità, Florence, ITA.* Structural
validation of concrete elements of a high-speed train station.
Validation of the project mainly focused on the diagonal concrete
slab structural design to provide future users with access to the
platform level.
* Denotes work performed with previous employer.
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5 | Qualifications
Thomas D. Poulos, P.E., S.E., SECB, MLSE
Quality Assurance / Quality Control Summary
Tom D. Poulos joined Thornton Tomasetti in 1997. His role as a Senior Principal reflects his years of
experience and technical expertise in leading complex projects. His diverse background in all types of
structures, including design-build, enables him to create innovative, efficient structural solutions. Tom
is recognized for his inherent ability to conquer complex structural challenges; he possesses strong
leadership skills that keep projects within a client’s schedule and budget constraints.
Tom is Thornton Tomasetti’s National Aviation Sector Leader.
Education
• M.S.E., 1999, Illinois Institute of Technology
• Post-Graduate Certificate, 1998, Earthquake and
Wind Engineering Design, Illinois Institute of
Technology
• B.S.C.E., 1987, Purdue University
Registrations
• Licensed Structural Engineer in Illinois and Arizona
• Licensed Professional Engineer in Illinois, Iowa,
Georgia, Colorado, Michigan, Ohio, Pennsylvania,
Tennessee, and Wisconsin
• Certification in the Practice of Structural Engineering by the
Structural Engineering Certification Board (SECB)
• Model Law Structural Engineer (MLSE), National Council
of Examiners for Engineering and Surveying (NCEES)
Professional Activities
• Member, Structural Engineers Association of Illinois (SEAOI)
• Member, Airport Consultants Council (ACC)
• Member, American Institute of Steel Construction, TC-10
Stability Committee
• Member, American Concrete Institute (ACI)
• Chairman, Structural Engineers Association of
Illinois, Continuing Education Committee, 2000 -
2004
• Member, Structural Engineering Institute (SEI)
• Member, American Institute of Steel Construction
Teaching
• Adjunct Assistant Professor of Civil and Architectural
Engineering, Illinois Institute of Technology, Chicago, Illinois,
2002 - 2003
• Guest Lecturer, 2002 Graduate Seminar Series, Illinois Institute
of Technology, Chicago, Illinois
• Guest Lecturer, Structural Engineers Association of Illinois
Student Chapter, University of Illinois at Urbana-
Champaign, 2005
Select Project Experience
O’Hare International Airport, Terminal 2 E / F Upgrades,
Chicago, IL. Feasibility studies and concept design for an existing
31-gate terminal. The project scope included the development
of several schemes with the architect to upgrade and modernize
the building to improve the passenger experience. The schemes
varied from simple architectural improvements to complete
reconstruction of the structure above the boarding level. The
project included evaluation of the existing 50-year-old building
structure to conform to modern building codes.
Detroit Metropolitan Wayne County Airport, Feasibility
Study, Detroit, MI. Study and analysis to determine the
feasibility of converting the existing Smith Terminal into an
administration facility for the airport.
Detroit Metropolitan Wayne County Airport, North Terminal
Redevelopment, Detroit, MI. Structural engineering and blast
services for a two-level, 720,000-square-foot terminal that
includes 26 gates. The one-half mile complex connects to an
existing parking garage via an enclosed skywalk.
Detroit Metropolitan Wayne County Airport, Feasibility Study,
Detroit, MI. Study and analysis to determine the feasibility of
converting the existing Smith Terminal into an administration
facility for the airport.
Indianapolis International Airport, Col. H. Weir Cook Terminal,
Indianapolis, IN. Structural design of an award-winning, LEED
certified, 40-gate, 1.2-million-square-foot terminal building.
Memphis International Airport, Concourse B Modernization,
Memphis, TN. Structural engineering services for the
modernization of an airport concourse. The renovation will
replace the existing roof creating a wider column-free space.
Moving walkways, a new curtain wall and strategically positioned
skylights in the raised ceilings will be added. All three
concourses will be consolidated into one, significantly improving
passenger flow. In total, the airport will have 60 gates at the end
of the renovation compared to the 80 it had before.
O’Hare International Airport, American Airlines, 747 Hangar
Investigation, Chicago, IL. Structural engineering consulting
services for the investigation of wind damage incurred by an
American Airlines 747 hangar that was built in 1969.
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6 | Qualifications
John T. Boyer, Sr., P.E., P.Eng., EXWsm, CPD, GBE, CEM, CEA, CDSM, Assoc. AIA, MEP Leader
Summary
Mr. Boyer specializes in MEP forensics and design with experience in HVAC, plumbing, fire
suppression/protection and electrical systems. He joined Thornton Tomasetti in 2012 with more than
25 years of experience working on a variety of projects including commercial, industrial,
educational and institutional facilities. His responsibilities include MEP/FP forensic and property loss
investigations, building system performance issues, engineering design, building code expertise,
expert witness, testimony / litigation support, consulting and business development.
Education
• Bachelor of Architectural Engineering, Environmental Systems
Option (five-year professional degree program), 1985, The
Pennsylvania State University, University Park, PA
Registrations
• Licensed Professional Engineer in Alabama, California,
Connecticut, Delaware, District of Columbia, Florida,
Georgia, Illinois, Indiana, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Mississippi, New
Hampshire, New Jersey, New York, North Carolina, Ohio,
Pennsylvania, South Carolina, Tennessee, Texas, Vermont,
Virginia, West Virginia, Wisconsin, Guam and Manitoba
Province, Canada
Certifications
• Certified Engineering Expert Witness (EXWsm), American
Council of Engineering Companies (ACEC)
• Certified Plumbing Designer (CPD), American Society
of Plumbing Engineers (ASPE)
• Certified Green Building Engineer (GBE), Association of
Energy Engineers (AEE)
• Certified Energy Manager (CEM), Association of
Energy Engineers (AEE)
• Certified Energy Auditor (CEA), Association of
Energy Engineers (AEE)
• Certified Demand Side Manager (CDSM), Association
of Energy Engineers (AEE)
• International Registry Certified for International Practice,
USCIEP / NCEES and EMF / APEC
Professional Activities
• National Society of Professional Engineers (NSPE)
• New York State Society of Professional Engineers
• American Institute of Architects (AIA), Associate Member
• National Council of Examiners for Engineering and
Surveying (NCEES)
* Denotes work performed with previous employer.
Select Project Experience
Pittsburgh International Airport, PAARNG Pgh CSMS,
Pittsburgh, PA.* Design of MEP and fire suppression for an Army
National Guard maintenance facility (PA DGS 963-51). The facility
is pending LEED Silver certification.
Saint Francis University, St. Elizabeth / Amichi / Ave
Maria Dormitories, Loretto, PA.* Mechanical, HVAC and fire
suppression renovations of existing multistory dormitory
buildings to modernize and improve ventilation rates and life-
safety systems.
UTC Fire & Security, Fire Innovation & Test Center, Electrical
Room Water Damage Assessment, Jupiter, FL. Damage
assessment of an electrical room in a commercial space that
experienced water damage as a result of a sprinkler failure.
Confidential Projects, New York, NY. Structural stability
and MEP assessment of buildings following CAT-90 Sandy.
Scope included evaluation and performance of calculations to
determine if the property damage being claimed was consistent
with wind and flood damage.
New York State Office of General Services, Manhattan
Psychiatric Center Regional Center for Excellence, Third
Party Document Review, Wards Island, NY. Third party
document review of a 350,000-square-foot interior gut renovation
of an existing 16-story building. The scope of work includes review
of the architectural, site / civil, structural, HVAC, electrical,
plumbing, and fire protection drawings and specifications.
Pennsylvania State Altoona, Holtzinger Science Building,
Altoona, PA.* Professional engineering services for the
replacement of all MEP and fire safety systems as part of the
renovation and repurposing of a laboratory facility. The existing
laboratories were upgraded to combustion and explosives,
physical and chemical science laboratories, requiring a high-
performance fire protection system.
The Visionaire, Transition Study, Battery Park City, New York,
NY. Comprehensive report detailing a luxury high rise’s electrical
infrastructure and operations. The building is certified as LEED
Platinum and includes green energy feature such as microturbine
and photovoltaic array.
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7 | Qualifications
Jorge E. Rodriguez, E.E., P.E.
Electrical Engineer Summary
Jorge Rodriguez joined Thornton Tomasetti’s Property Loss Consulting practice in 2017 with 19 years
of experience as professional engineer. Jorge is skilled in the design of MV/LV power systems in
collaboration with the MEP and Architecture disciplines. His electrical, lighting and fire alarm system
design accomplishments include projects for large industrial and commercial clients, such as Nextel,
Sprint, Indus, BellSouth, Airadigm, University of Miami, Florida International University, and the Miami
International Airport.
Jorge is also licensed in Colombia, South America.
Education
• BS, Electrical Engineering, University of Pereira,
Colombia, South America, 1973
Registrations
• Licensed Professional Engineer in Florida and Puerto Rico
• Certification, National Council Engineering Examiners
and Surveyors (NCEES), #17-022-39
• Certification, Accreditation Board for Engineering and
Technology (ABET)
Professional Activities
• Institute of Electrical and Electronics Engineers, Inc. (IEEE)
Publications
• “General Concepts on Reactive Power Generated by H.V.
Power Transmission Lines”, National Congress of Engineering,
Bogota, Colombia, 1980
Select Project Experience
Miami International Airport, Concourses D and F, Miami-Dade
County, FL.* Design of power supply for the electrical, fire alarm,
lighting, and HVAC systems. The project included design of the
lighting protection system, medium voltage transformers and
switchgear.
Daytona Beach International Airport, Daytona Beach, FL.*
Design of critical power supply for the expansion of the airport’s
newest security camera system, UPS sets and standby
emergency generator.
Water Utility Department, Various Projects, Palm Beach
County, FL.* Electrical design.
Confidential, Damage Assessment. Fire damage assessment
of a hotel casino under construction with three towers and an
eight-story podium. Services included evaluation of the electrical
plant and services; fireproofing affected by soot; and peer review
of repair solutions.
The Hemispheres, Hallandale Beach, FL. MEP services for
multiple condo buildings.
18201 Collins Avenue, Trump Royale, Sunny Isles Beach, FL.
W Hotel, Pool Heater, Miami Beach, FL. Electrical design for a
building addition, including a new transformer and switchgear.
740 West Chimes Street, Baton Rouge, LA. Assessment of
MEP conditions.
AT&T/BellSouth, Florida.* Electrical design for new and
existing buildings.
Hilton Hotel, Orlando, FL.* Electrical design for a new building,
including transformers, a switchgear and lighting system.
Orlando Police Department, Orlando, FL.* Design of a new fire
alarm system.
United States Agency for International Development,
Various Projects, Kabul, AFG.* Electrical design of a medium
voltage substation and electrical distribution for the renovation of
the University of Kabul.
* Denotes work performed with previous employer.
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2
PROJECT APPROACH
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8 | Qualifications
2. Project Approach
Fort Lauderdale-Holywood International Airport (FLL)
Thornton Tomasetti has considerable local and regional design
experience, as both a subconsultant and the prime consultant,
and fully understands each consultant’s role and the coordination
that is necessary. Thornton Tomasetti has the ability to act in a
definitive and leadership role as the prime in collaboration with
Gurrie Matute, our architectural subconsultant.
As structural engineers, Thornton Tomasetti collaborates with
architects, owners and builders to achieve elegant structural
solutions to meet the rigorous demands of the most technically
challenging projects. Our team designs structural systems
for buildings and related structures of all types and sizes, for
new facilities as well as for renovations and conversions. We
integrate programmatic requirements and develop structural
solutions that best achieve multiple objectives: form, function,
schedule, sustainability, constructability and budget. We apply
both traditional and cutting-edge building materials and structural
systems, and consider both indigenous and newly introduced
construction methods.
Our team instinctively approaches projects with a light hand,
striving to minimize impact on the building and disruption to the
occupants. We begin by investigating and learning as much as
possible about the structure, history and maintenance using our
experience and knowledge of similar structures, materials and
characteristics synthesizing this into an informed diagnosis. Our
hands-on approach to assessment and design enables us to
creatively consider various treatment and resolution options.
Based on a design foundation, our team can then build a holistic
approach for the entire project that manages budget, schedule
and occupant impact, as well as building performance and the
quality of the design.
Thornton Tomasetti provides clients with in-depth services
in investigating, evaluating, recommending and developing
remedial procedures for problems in existing buildings.
Our history of providing engineering and design services
has provided our staff with unique insights and a thorough
understanding of investigating problems in existing buildings.
Clients have retained Thornton Tomasetti to evaluate and
rectify a variety of building problems ranging from deteriorating
exterior wall systems, leaking roofs, deteriorated parking decks,
inefficient and costly heating/air-conditioning systems to
reinforcement of distressed structural components. Our survey
and repair work has involved virtually every system contained in
a building, including exterior walls, windows, roofing assemblies,
superstructure and foundations, heating plant, air-conditioning
and ventilation, electrical service, elevator upgrades, plumbing
and fire-protection alterations and utilities.
Structural Evaluation and Rehabilitation
Thornton Tomasetti assists building owners and managers
to maintain, upgrade and evaluate their buildings by offering
complete engineering services including structural alterations,
condition assessments and due diligence surveys, materials
testing and development of repair strategies/programs, life-cycle
analyses, structural investigations, peer reviews and construction
administration services.
Structural Stabilization and Deconstruction
We conduct structural condition assessment and monitoring for
existing structures to prevent damage by future neighboring
construction. For deconstruction services, we calculate
the footprint of the demolition and its debris, and develop
and oversee a demolition plan that is expeditious, safe and
appropriate for the environs.
Building Envelope Evaluation and Remediation Design
Our staff possesses the unique skills and experience to provide
consulting, design, investigation and remediation services for
every type of building façade and roofing project, from new
metal and glass curtain walls to the restoration of vintage
masonry construction.
Building Vulnerability Assessments
Our in-house capabilities allow us to predict and assess the
response of structures, structural elements, masonry, windows
and glazing to loads associated with blast or other threats to
improve the protection level in existing and new facilities.
Feasibility Studies
Feasibility studies at project inception are essential to
determining a building’s constructability. Our compiled data on
similar projects enables us to evaluate feasibility quickly and
effectively before detailed calculations are performed.
North Perry Airport (HWO)
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gym
arley01
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 14
9 | Qualifications
2. Project Approach (Continued)
Principal in Charge
Derek Wassink,
P.E., R.A., S.I., LEED AP (25+ Years of Experience)
Quality Assurance /
Quality Control
Thomas D. Poulos, P.E., S.E., SECB, MLSE
(30+ Years of Experience)
Project Manager
Claudia Mazzocchetti,
P.E., Ing. (10 Years of Experience)
Gurri Matute (Architecture Subconsultant and
CBE Team Member)
Craven Thompson & Associates
(Civil Engineer Subconsultant)
Mechancial Engineering
John T. Boyer, Sr., P.E., P.Eng., EXWsm,
CPD, GBE, CEM, CEA, CDSM, Assoc. AIA
(25+ Years of Experience)
Electrical Engineering
Jorge Rodriguez,
E.E., P.E. (20+ Years of Experience)
Additional Project Staff
Additional engineering and BIM staff will work on this project under the direction of the
team leadership to meet schedule requirements. Thornton Tomasetti has a
Florida staff of 45+ and 1300+ worldwide to support the project.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 15
3
PAST PERFORMANCE
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 16
10 | Qualifications
3. Past Performance
Thornton Tomasetti, Inc. optimizes the design and
performance of structures, materials and systems
for projects of every size and level of complexity. An
employee-owned organization of engineers, scientists,
architects and other professionals collaborating from
offices worldwide, we support clients by drawing on
the diverse expertise of our integrated practices. We are
committed to be a sustainable and enduring organization
and the global driver of innovation in our industry. We
are known for our ability to be structurally innovative
in the interest of expressed project goals, including
construction economy, avoidance of site construction
problems, realization of architectural function and form,
and desired owner image.
We have held on-call contracts and provided services repeatedly
at more than 60 world-class airports around the United States
and internationally, including:
• Chicago O’Hare International Airport
• Los Angeles International Airport OC
• Newark Liberty International Airport OC
• George Bush Intercontinental Airport OC
• San Francisco International Airport OC
• Washington Dulles International Airport
• Denver International Airport
• Logan International Airport OC
• LaGuardia Airport
• Worcester Regional Airport
• Detroit Metropolitan Wayne County Airport
• John F. Kennedy International Airport
• Ronald Reagan Washington National Airport
• Memphis International Airport
• Hartsfield-Jackson Atlanta International Airport
• Miami International Airport
• San Diego International Airport
• Dallas / Fort Worth International Airport OC
• Philadelphia International Airport
Top 30 airport engineering firms
Rank Company 2016 Airport
Revenue
1
2
3
4
5
6
7 Thornton Tomasetti $10,382,597
8
9
10
11
12
Our experience in executing complex structural systems for
long-span aviation facilities includes:
• Air-supported, tensile structures
• Space frames
• Space trusses
• Stressed-skin systems
• Long-span trusses
• Long-span joist systems
• Arches
• Laminated long-span wood systems
• Cable-suspended systems
• Hybrids
We provide the full spectrum of engineering services for airport
terminals, hangars, parking structures and cargo facilities.
Our services include feasibility studies, design, peer review,
construction administration, computer analysis, wind analysis,
seismic design, value engineering and quality control, failure
investigation, building-envelope investigation and analysis, blast
mitigation, rehabilitation recommendation and design, and
retrofits and renovations.
With Worked at
Denotes experience providing work within an On-Call contract.
> 40 Years in Aviation
> 50 Airports
OC
OC
OC
OC
OC
OC
Danie
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ac A
dden
Sourc
e:
Top 3
0 a
irport
engin
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irm
s,
Build
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Constr
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Octo
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3, 2017; T
able
Reduced.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 17
11 | Qualifications
Wayman Aviation Academy, North Perry Airport Pembroke Pines, Florida
Thornton Tomasetti provided structural engineering services for a
new 9,600-square-foot prefabricated metal building pilot training
center which includes exposed structural ceilings in lobby and
dispatch room.
Owner
Wayman Aviation Academy
Architect
Cartaya & Associates
Architects P.A.
Completion Date
2018
Total Area
9,600 sf
Services
Structural Engineering
Image c
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f Thorn
ton T
om
asetti
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 18
12 | Qualifications
Jetscape Westside Development Fort Lauderdale, Florida
Thornton Tomasetti is providing structural engineering services
for a three-story terminal building, totaling 25,000 square feet
with a porte-cochère on the front and a structural covered area
on the rear. There are two hangars totaling 30,000 square feet
each with a 5,000-square-foot custom designed office space.
Owner
Jetscape Services
Architect
Cartaya & Associates
Architects P.A.
Completion Date
2019
Total Area
Terminal: 25,000 sf
Hangars: 30,000 sf each
Office Space: 5,000 sf
Services
Structural Engineering
Image c
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ere
.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 19
13 | Qualifications
Memphis International Airport, Concourse B Modernization Memphis, Tennessee
Thornton Tomasetti is providing structural engineering, façade
engineering and sustainability services for the Concourse B
Modernization Program at Memphis International Airport. This
integrated design approach will provide a more energy efficient
space that will also elevate the flying experience as passengers
move through the newly renovated terminal.
The project scope includes a renovation of the entire concourse
that will replace the existing roof with a wider column-free space.
This will allow for more open pathways so passengers can more
easily reach their destinations. Moving walkways and a new
curtain wall will be added, as well as natural lighting, which will
come from skylights strategically positioned in the raised
ceilings. All three concourses will be consolidated into one,
significantly improving passenger flow. In total, the airport will
have 60 gates at the end of the renovation compared to the 80 it
had before the renovation.
The renovation will also include a seismic upgrade to meet
the requirements for Seismic Design Category D of the 2009
International Building Code.
Owner
Memphis-Shelby County
Airport Authority
Client / Architects
UrbanARCH Associates and
Alliance Architecture
Completion Date
2020
Construction Cost
$140 million
Total Area
350,000 sf
Renderings c
ourt
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rbanA
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H w
ith A
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nce
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 20
14 | Qualifications
O’Hare International Airport,
American Airlines L Concourse Stinger Chicago, Illinois
Client
Corgan
Completion Date
2018 (estimated)
Total Area
50,000 sf
Construction Cost
$80 million
Services
Structural Engineering
Construction Engineering
Sustainability
Facade Engineering
Thornton Tomasetti is providing structural, facade and
construction engineering services, as well as sustainability
consulting, for a 50,000-square-foot American Airlines L
Concourse Stinger expansion at O’Hare International Airport. The
five new regional gates in the expansion are accessed from the
existing Terminal 3 building via a 600 foot three-span pedestrian
walkway.
The new Stinger Concourse building and the bridge are
located within a tightly confined site and required coordination
with major existing underground utilities including a 180 foot
long by 80 foot wide underground water reservoir. In order to
avoid impacting the underground water reservoir, a major
portion of
the Stinger building is supported by a combination of story-deep
and long span roof trusses. The pedestrian bridge is designed as
a three-span continuous box truss between isolated foundations.
These systems of trusses minimize the number of foundations to
reduce the occurrence of conflicts with existing utilities.
During the design phase, an extensive potholing and surveying
program was undertaken by the CMR to verify as-built utility
information, which was incorporated into the final design of the
foundation and superstructure.
A modified design to the existing façade will accommodate the
new construction. Through studying substantial differential
movement between the new and existing structures, the
structural and facade teams were able to develop concept
details and construction sequencing suggestions that enabled
continued use of the existing facade in a condition not originally
considered. In addition, evaluation of the imposed loads
informed accurate sizing of the supporting frame.
Thornton Tomasetti also performed a thermal comfort analysis
for the expansive glass in the extension to alleviate thermal
discomfort caused by direct radiation. Strategies such as
shading, fritted glass, electrochromic glass, Phase Change
Materials and radiant cooling were evaluated.
As part of the Owner’s overall Construction Manager-At-Risk
project delivery, Thornton Tomasetti provided integrated
Construction Engineering services, which included structural
steel connection design and a fully detailed Tekla model which
was shared on “the cloud” in real-time with the steel fabricator.
This integrated service reduced the overall construction schedule
by four months and allowed the Owner to realize a short
24-month design and construction schedule.
Images c
ourt
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f C
org
an
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 21
15 | Qualifications
O’Hare International Airport,
United Airlines, Polaris and United Club Lounges Chicago, Illinois
Owner
United Airlines
Architect
Solomon Cordwell Buenz
Completion Date
2016
Total Area
Polaris (C16): 12,700 sf
B6: 13,000 sf renovation,
plus 10,000 sf addition
B18: 10,000 sf renovation
Services
Structural Engineering
Construction Engineering
Façade Engineering
Thornton Tomaseti provided engineering services for three
United Club lounges at the O’Hare International Airport, including
the airline’s system-wide first premium club, Polaris Lounge.
Thornton Tomasetti was the original Engineer of Record for the
terminal in 1988.
Polaris Lounge near Gate C16
The 12,700-square-foot premium club offers the experience and
amenities of a four-star hotel as part of United Airlines’ new
Polaris product, an upgrade for first-class and business-class
passengers.
Thornton Tomasetti provided structural, façade and construction
engineering services for the entryway to the new club, a
160-square-foot, glass enclosed vestibule leading to a
secondary marble clad archway. We coordinated with and
reinforced the existing structure to ensure the integrity of these
features.
In order to meet the strict schedule for opening, we issued
complete, fabrication-ready structural steel shop drawings to the
steel fabricator, allowing them to begin fabrication immediately, a
significant schedule advantage
United Club near Gate B6
Thornton Tomasetti provided structural, construction, and façade
engineering services for the B6 Club, which underwent a
complete interior renovation and a 10,000-square-foot addition
to the club. The addition was located in a new mezzanine above
the south security checkpoint, which was originally designed by
Thornton Tomasetti in 2007, in anticipation of this future addition.
Interior renovations included new stairs, escalators, rooftop units
and extensive MEP penetrations through the existing steel roof
beams to maximize architectural ceiling heights in the club.
This mezzanine overlooks the terminal by way of a glass
partition, for which Thornton Tomasetti provided façade
engineering services for the curtain wall. Thornton Tomasetti also
provided full structural steel shop drawings with the structural bid
documents to streamline the fabrication process and meet the
tight project schedule.
United Club near Gate B18
Thornton Tomasetti provided structural services for several minor
renovations, including reconfiguring the interior stairway.
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asetti
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 22
16 | Qualifications
Los Angeles World Airports, On-Call Engineering Services Ontario and Los Angeles, California
Owner
City of Los Angeles
Architect
HOK
Completion Date
Design: 2011
Construction: 2016
Construction Cost
$350 million
Contract Amount
$2.75 million
Services
Structural Engineering
Thornton Tomasetti has provided complete on-call engineering
design services for various projects at Los Angeles International
Airport, Ontario International Airport, Van Nuys Airport, and
Palmdale Regional Airport since 2006. Tasks performed include:
• Task 001: Los Angeles International Airport, Los
Angeles, CA. Structural investigation and design services
for the modernization and upgrade of 96 escalators and
four moving walkways.
• Task 002: Ontario International Airport, Ontario, CA.
Structural engineering for various interior renovations to
Terminal 1A for Delta Airlines. Thornton Tomasetti provided
repair drawings and designed supports for a new roof
screen and additional new mechanical units.
• Task 003: Los Angeles International Airport, Los
Angeles, CA. Scope of services included As-built drawing
research, field investigation, and documentation of 65
escalators and six moving walkways.
• Task 006: Ontario International Airport, Ontario, CA.
Investigation of an existing pedestrian bridge and existing
rail bridge for their ability to support new signage. The
project included construction of several new street-level
signs.
• Task 008: Ontario International Airport, Ontario, CA.
Structural assessment of Lockheed Martin Building 10.
• Task 015: Los Angeles International Airport, Los
Angeles, CA. Structural investigation and design of
Continental Airport Phase 1.
• Task 016: Los Angeles International Airport, Los Angeles,
CA. Structural engineering for the development of a building
analysis report for a proposed conversion of a Continental
Airlines training center to office use and to meet building
codes.
• Task 021: Los Angeles International Airport, Los
Angeles, CA. Structural investigation and design of the
Cater Air Building evaluation.
Mark
Lueth
i
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 23
17 | Qualifications
Fort Lauderdale, Florida
The Terminal 4 was being transformed into the largest international terminal at Fort Lauderdale-Hollywood
International Airport. The configuration of the existing aircraft gates, and the limited available Customs and
Border inspection facilities, limited the number of international flights arriving and departing from this facility.
The new terminal was completely remodeled and transformed in 2 phases while maintaining operations
without reduction in the number of flights.
Gurri Matute PA was the Life Safety Consultant of the PGAL/Zyscovich Team. The project scope includes the
reconfiguration and operational phasing of the existing Terminal 4 in order to achieve the ultimate 14-gate
configuration of the new International Concourse G. The scope of GMPA’s services cover Schematic Design
and Design Development for the ultimate 14-gate configuration, and Construction Documents, Permitting,
Bidding and Construction Administration for the Western and Eastern Expansion of Terminal 4. Some of the
programmatic elements of the project scope include:
•Security screening checkpoint expansion, including temporary conditions required for operational
phasing
•Expansion of the current CBP Area
•Relocation of BCAD offices
•New T3 connector , including required modifications in Terminal 3 for connection
•Reconfiguration of Existing Concession Area and incorporation of New Concession Areas in the
Western and Eastern Expansion.
Terminal 4 Gate Replacement Permit Packages
• Eastern/Central Expansion
and H Demolition(ongoing)
• Western Expansion and T-3
Connector
• Security Screening
Checkpoint Early
Demo/Relocation Package
• Overall Life Safety Design &
Technical Specifications for
Terminal 4 Gate
Replacement Package
• ATO/FIS Expansion
Package
• Baggage Area & Emergency
Stair Package
Relevance to this RFP: The project required the overall Life Safety design for all levels of the entire Terminal
4 in its final configuration. The Life Safety Design was therefore implemented in phases as the existing
Terminal is remodeled to its final configuration. This project involved the visioning and resolution of a master
plan and the implementation of the design in phases while maintaining the building operational throughout the
construction process.
Terminal 4 Gate Replacement Project Fort Lauderdale – Hollywood International Airport
Owner: Broward County Aviation
Department
100 Aviation Department
Fort Lauderdale, FL. 33315
Client Contact:
PGAL and
Zyscovich Architects
Mr. Jim Vallejo
T. 561- 988-4002
F. 561-988-3002
Project Size: 400,000 SF
Period of Performance:
1/2004 – 12/2015
Delivery Method:
Design-Bid-Build
Construction Costs: (Budget)
$200,000,000.00
Construction Completion: 2015
Consultant: Gurri Matute PA Role of theFirm: Life Safety Consultant
Design Fees for GMPA: $341,961.00
Key Persons: Jose G. Matute, AIA, LEED AP, CGC, Architect of Record Daphne I. Gurri, AIA, LEED AP, Fabio Segre, Project Architect
LEED: LEEDSilver
Registered LEED Silver
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 24
18 | Qualifications
Automated People Mover
Maintenanceand Storage Facility Finish-out and Control Room
Miami International Airport, Miami, Florida
The Maintenance and Storage Facility was
constructed on levels 4 and 5 of the new
expansion building between concourses C and
D at Miami International Airport to provide
support facilities for the new Automated People
Mover system.
The project consists of the interior finish-out of
approximately 87,000 sq. ft. of shell space and
provides housing for the operation,
maintenance and service systems associated
with the APM vehicles, passenger stations and
interface systems in general. Scope of work
includes the interior tenant partitions layout,
finishes and relevant MEP/FP systems.
Programming Spaces include: Maintenance
Track Area, Light APM Maintenance, Guideway
Equipment Storage, Bogie Workshop,
Mechanical and Machine Workshop, Brake Test
Room, Tire Storage, Electrical Workshop Men's
and Women's Toilet rooms and Locker Rooms,
Offices, Break Room, Utility Room, Welding
Room, Oil and Grease Storage Room, Central
Control Room, Computer Equipment Room with
Raised Flooring, Offices, File Storage, Training
Room, Mechanical Room, CCR UPS Room,
and Future Spaces. Extensive coordination took
place during the Design Phase with adjacent
projects including the shell design of the
building.
Relevance to this RFP: Gurri Matute PA was
the Prime for this Project, which included the
design of the control room for the APM
(Automated People Mover) that runs over the
North Terminal, from Concourse A to D. The
design of the control room included a raised
floor, indirect lighting, and similar acoustical
treatment and finishes were designed in this
project as will be required for this RFP.
Owner/Client: American Airlines &
Miami Dade Aviation Dept.
Client Contact: Mr. Juan Carlos Arteaga
Mr. Spiros Dimitropoulous
Tel. 786-229-4334
SDimitropoulos@miami-
airport.com
MDAD ContractNo.:
B769A
Period of Performance:
4/2001 – 6/2011
Project Size: 87,000 SF
GMPA Design Fees:
$710,694.00
Delivery Method: Design-Bid-Build
Construction Costs: (Budget)
$3,800,000.000
Construction Costs: (Actual)
$4,110,000.00
Construction Completion:
September 2011
Consultant: Gurri Matute PA
Role of theFirm:
Prime, Aviation Planning; Architect of Record, Project Management
Key Persons: Jose G. Matute, AIA, LEED AP, CGC, Architect of Record, Daphne I. Gurri, AIA, LEED AP, Fabio Segre, PA LEED: Not Applicable
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 25
19 | Qualifications
Automated People Mover
Miami International Airport, Miami, Florida
Continued page 2
Relevance to this RFP:
Gurri Matute PA was the
Prime for this Project which
included the design of a
control room for the
management of the APM
(Automated People Mover)
system.
Programming Spaces similar
to this RFP included the
design of the Central Control
Room and Computer
Equipment Room with
Raised Flooring, Support
Offices, File Storage, Training
Room, Server Room, and
CCR UPS Room.
The design of the APM
Central Control Room
includes a raised flooring
system for data cable
management. Similar
acoustical treatment, lighting
system, and floor finishes for
static control were designed
for this project as will be
required of this RFP.
Maintenanceand Storage Facility Finish-out and Control Room
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 26
20 | Qualifications
Miami International Airport, Miami, Florida
Jose G. Matute, AIA, LEED AP,
CGC is the Architect of Record for
this new three story building
(60,000 SF) built as an addition to
the existing Terminal and
connecting back to Concourse G
and H. The building houses the
new baggage system to support
the entire southern half of the
airport. This project is partially
funded by TSA and Miami Dade
County Aviation Department.
Gurri Matute PA (GMPA) is a sub-consultant to Burns & McDonnell on this contract. Our scope of services
includes the complete design, preparation of construction documents, assistance in bidding phase, permitting,
and construction administration phase services including site inspections. The project is current in the
permitting phase.
The programmatic spaces include: EDX Matix Area, CBRA Room, OSR Room, Tools Room, IT Room,
Control Room, OSR Server Room, Employee Break Room, General Office Space, Staff Restrooms, Secured
Passenger Corridor, Planned Future Concession Spaces, and building support spaces including electrical
rooms, telephone rooms, mechanical penthouse, etc.
Relevance to this RFP: GMPA is the Architect of Record for the project. This project required extensive
coordination between engineering systems and building systems as is required in this RFP.
New CBIS/CBRA/BHS Building at Miami International Airport
Owner:
Miami Dade Aviation Dept.
Ricardo Solorzano, Project
Manager w/MDAD
Aida Bao-Garciga, ID. IIDA,
CGC, LEED AP, Chief Contracts
& Construction w/MDAD
T: (305)869-1622
C:(305)794-9740
abao-garciga@miami-
airport.com
Client Contact:
Burns & McDonnell
Mr. Tom Beckenbaugh, Project
Manager
O 816.448.7531
M 816.223.2682
om
MDAD Contract #: A14-
MDAD-01 MDADProject No.:
T042A
Period of Performance:
7/2015 – ongoing
Project Size: 60,000 SFbuilding
area, plus apron/site work
Construction Budget: $160M
Delivery Method:
Construction Manager at Risk
GMPA Design Fees:
$652,034.00
Consultant: Gurri Matute PA
Role of the Firm: Design, CD’s
and CA, Architect of Record, &
Project Management
Key Persons: Jose G. Matute,
AIA, LEED AP, CGC, Architect
of Record, Daphne I. Gurri,
AIA, LEED AP, Fabio Segre,
Santiago Tejada
Registered LEED Silver
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 27
21 | Qualifications
RELEVANT PROJECT EXPERIENCE
PROJECT NAME
OWNER
CLIENT
PROJECT START /
COMPLETION DATE
PROJECT SUMMARY
Airport Planning Consultant Services
Fort Lauderdale ǀ Hollywood International Airport
Monica Capelluto AIA LEED AP, NCARB Expansion Project Administrator
Broward County Aviation Department
Fort Lauderdale-Hollywood International Airport
4101 Ravenswood Road, Suite #401, Fort Lauderdale, FL 33312
Phone: 954-359-2302 Fax: (954) 791-3160
Email: [email protected]
Mr. David Ramacorti, C.M., Director Ricondo & Associates, Inc.
1000 NW 57th Court, Suite 920, Miami, Florida 33126
Phone: (305) 260-2727 (Ext. 251), Fax: (305) 260-2728
Email: [email protected]
2016 - Present
Craven Thompson & Associates, Inc. (CTA) is a sub-consultant to Ricondo & Associates, Inc. on the Airport
Planning Consulting Services project for the Fort Lauderdale/Hollywood International Airport Master Plan
update. CTA performed an existing utility inventory including: water, wastewater, stormwater/drainage,
electrical, fuel lines, gas, telephone, communications, and electrical utilities. CTA created updated utility
the utility maps at the airport.
The next step involves development of conceptual engineering plans for expansion alternatives along with cost
estimates for each alternative.
CRAVEN THOMPSON & ASSOCIATES, INC. | 3563 NW 53rd STREET, FORT LAUDERDALE, FL 33309 | P 954.739.6400
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 28
22 | Qualifications
RELEVANT PROJECT EXPERIENCE
Wastewater System Master Plan
Fort Lauderdale ǀ Hollywood International Airport
Mr. Carlos Hernandez, Project Manager
Broward County Aviation Department
100 Aviation Boulevard
Fort Lauderdale, Florida 33315
Phone: (954) 829-0599
Email: [email protected]
The airport is sub-divided into three (3) main wastewater collection areas labeled per their
geographical position as Northside, Eastside and Westside. These regions are serviced by a total of
11 lift stations which eventually discharge into a master pump station through a network of gravity
and force main systems. The objective of this study was to evaluate the Airport’s wastewater
collection/transmission system based on current actual loading conditions, theoretical design flows,
and projected flows from the Terminal 4 Expansion. A special emphasis was placed on evaluating
the lift stations and force mains to confirm adequate capacity for future expansion.
To aid in developing a comprehensive understanding of the existing system, Craven Thompson &
Associates, Inc. (CTA) developed a computer model to analyze and identify the pressures and
velocities at various locations within the force main system. This software enabled an examination of
the force main dynamics by closely representing the operating conditions of fluctuating pressures
and velocities due to the cumulative effect of various frequencies of different lift stations running,
which helped identify both the typical and critical conditions within the system.
CRAVEN THOMPSON & ASSOCIATES, INC. | 3563 NW 53rd STREET, FORT LAUDERDALE, FL 33309 | P 954.739.6400
PROJECT NAME
OWNER
PROJECT SUMMARY
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 29
4
SPECIALIZED EXPERIENCE AND CAPABILITIES
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 30
23 | Qualifications
4. Specialized Experience and Capabilities
4.1 A. Describe the firm’s experience in dealing
and obtaining permits/licenses/approval with the
following regulatory agencies/divisions: South Florida
Water Management District (SFWMD), Department of
Environmental Protection and Growth Management
(BCEPGMD), FDOT, FAA, Broward County Water and Waste
Water Services (BCWWS), FEMA & FDEP
Craven Thompson & Associates, Inc. (CTA) has vast
experience with permitting and obtaining approvals from the
South
Florida Water Management District (SFWMD), the Broward
County Department of Environmental Protection and Growth
Management Department (BCEPGMD), FDOT, FAA, Broward
County Water and Waste Water Services (BCWWS), FEMA and
FDEP. For over fifty-six (56) years CTA has been providing civil
engineering services primarily in Broward County. This includes
thousands of acres of utility infrastructure rehabilitation and/
or replacement for BCWWS since 1993, and they have been
involved in FLL projects since the late 1990s. Their numerous
Broward County projects have involved obtaining permits/
approvals through one or more of these agencies.
A small sampling of clients includes: BCHCED, BCWWS, BCAD,
Port Everglades, the Cities of Fort Lauderdale, Hollywood, Dania
Beach, and many more. Many of their private sector projects
were located within our client’s jurisdiction and subject to
approval by many of the previously referenced agencies.
4.2 Describe the firm’s experience in dealing with the
Florida Fire Prevention Code (FFPC) and Broward
County Land Development Code?
Craven Thompson & Associates, Inc. (CTA) has worked on a
wide variety and vast amount of both public and private sector
projects subject to the Florida Fire Prevention Code (FFPC),
Chapter 18 – Fire Department Access and Water Supply, and
the Broward County Land Development Code, Chapter 27 –
Pollution Control, Article I. – Natural Resource Protection. These
projects encompass sites thousands of acres in size to as small
as
one-acre sites.
This chapter of the FFC (Chapter 18), deals with civil/site
access (site entry) access roads, access to buildings, road
required: radii, surfaces, and grades. In addition, fire flow
requirements, and the number and location of hydrants on the
site are addressed.
The Broward County Land Development Code, Chapter 27 –
Pollution Control, Article I. – Natural Resource Protection defines
the requirements for approvals through the Broward County –
Environmental Protection and Growth Management Department
(EPGMD) for wastewater and stormwater drainage (including
water quality and quantity). The Broward County Public Health
Unit will issue the approval for water distribution.
4.3 The firm will be required to develop, maintain and
update a computerized water distribution system hydraulic
network analysis model of the existing water network.
Describe briefly the firm’s experience in water distribution
modeling and in the use of software (such as Info Water).
Craven Thompson & Associates, Inc. (CTA) has provided water
modeling, and/or wastewater modeling, for the Fort Lauderdale/
Hollywood International Airport – Wastewater Study, the Broward
County Water & Wastewater Services (BCWWS) projects UAZ
124, 308, and 310 Projects, and is currently working on UAZs
108 and 122/123.
They have provided both water & wastewater modeling and
ICPR stormwater modeling services to BCWWS on the South
County Neighborhood Improvement Project (SCNIP), the Central
County Neighborhood Improvement Project (CCNIP), and the
North Central County Neighborhood Improvement Project
(NCCNIP). This totals over five-thousand (5,000) acres of utility
improvement modeling for BCWWS.
CTA has also provided water and/or sewer modeling using
WaterCAD and/or SewerCAD for projects in the cities of
Fort Lauderdale, Oakland Park, Hallandale Beach, Davie,
Port Everglades, and Lake Worth over recent years.
CTA has recently created ICPR stormwater models for the City
of Hallandale Beach (2,816 Acres), and for a major portion of
the City of Greenacres known as Original Section (250 Acres).
These projects included master planning with the development
of scheduled improvements to be implemented over a number
of fiscal years to mitigate flooding conditions.
CTA is currently working as the Prime with their sub-consultant,
Hazen and Sawyer, on the Comprehensive Stormwater Master
Plan for Aventura; and they are a sub-consultant to Hazen and
Sawyer (the Prime) on the City of Fort Lauderdale Stormwater
Master Plan & Implementation, as well as serving as the District
Drainage Engineers for the Central Broward Water Control
District (CBWCD) and the Tindall Hammock Irrigation and Soil
Conservation District (THISCD).
4.5 The firm will be required to develop, maintain and
update a computerized system of the waste water collection
and distribution system at the Airport. Describe briefly the
firm’s experience in wastewater modeling and in the use of
software (such as Info SWMM).
See 4.3 for more information.
4.6 The firm will be required to maintain, update and run
simulations of stormwater management system systems
at the Airport. Describe briefly the firm’s experience in
stormwater modeling and in the use of software such as
ICPR?
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 31
24 | Qualifications
4. Specialized Experience and Capabilities (Continued)
See 4.3 for this experience and explanation.
4.7 The Firm will be required to maintain and update as
necessary the electrical and communication master plans
in step with BCAD’s development and growth needs.
Describe briefly the firm’s experince in handling an
electrical and communication master plan update.
• As required by the Client, Thornton Tomasetti has the
capacity of maintaining and updating as necessary the
electrical and communication master plans in step with
BCAD’s development and growth needs. All computer aided
design options are at our disposal including BIM (Building
Information Modeling) to establish, maintain and update
existing master plans in live document format. This would all
be accomplished in accordance with pertinent Federal, and
Local Agencies, including all the applicable
Utilities/Agencies for electrical development (Electrical
Distribution and Power Supply systems, Fire alarm systems,
Communications / IT systems, Security Systems, Security
Master Plan) per applicable codes.
• Thornton Tomasetti would participate in project stages
such as Development (Preplanning, Planning), Design,
Construction, and Commissioning, in accordance with the
Client’s plans.
• Thornton Tomasetti would participate in identification of
sensitive issues that could impact the development plans so
the proposed solutions are more likely to be Cost-Effective.
Likewise, security features that have been coordinated
early in the Planning and Design process with FAA, TSA,
and other concerned Agencies, as well as with Airport
Tenants (e.g., Airlines, and other Aircraft Operators, Ground
Handlers, Repair Stations, Catering, and Concessions),
and End Users (e.g., Law Enforcement, Public Safety and
Regulatory Agencies, Airport Operations and Maintenance
Personnel).
• Thornton Tomasetti’s personnel including engineers,
architects, planners, and electrical designers are diligent
in examining and considering all potential avenues
before selecting the solution that best addresses the
Airport’s
unique needs and operational environment, in a responsive
and cost effective manner
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 32
5
WORKLOAD OF FIRM
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 33
25 | Qualifications
5. Workload of Firm
Schedule Adherence
Schedule control is collaborative. With support of 40 dedicated
local staff and 1200 professionals firmwide, we are committed
to on-time delivery of this project, just as you are. We have an
excellent track record in schedule control, which we maintain by
keeping timing issues at the forefront of the design process,
resolving key issues at the appropriate times, keeping changes
to a minimum, and predicting where changes are likely to occur.
Scheduling can have significant impact both on construction cost
and real estate projections.
When we begin the project, we will establish a clear
understanding of your management philosophy and your stated
project goals. Building on that knowledge, we will develop a
specific project approach that defines each phase of this project
and outlines the most appropriate ways to implement each
phase.
A project management work plan, developed at the start of the
project, includes a list of primary tasks and a detailed schedule
for accomplishing design activities and meeting deadlines. Once
approved, this schedule will become the timeline and road map
for the entire project team.
The detailed schedule established at the beginning of the project
is confirmed and updated at the weekly meetings. We establish
procedures for approving each stage and phase, including the
individuals responsible for sign-off, the method of approval
documentation, and a clear understanding of what each approval
means in terms of the next step on the project. You will receive
executive reports and summaries, giving a project overview.
When the scope of work on a project changes at the client’s
request, the manager documents the change and confers
with the client. Even a minor increase or change in scope
can affect the staff hour budget, and may require additional
or supplemental fees. When a fee increase is necessary, the
client’s written approval must be obtained before any additional
hours are charged to the project or fees are expended.
Strategies to Improve the Schedule
Our experience has taught us that getting involved early is the
key. By doing so, we are better able to understand the project as
it relates to owners’ needs and expectations. The best facilities
and development planning requires a combination of practicality
and creativity. Over half of the jobs that we design at Thornton
Tomasetti are done using this method, and the results speak for
themselves. Identification of long lead items, determination of the
availability of specialty items, development of phasing plans, and
sequencing of critical path activities are essential in the
preconstruction phase.
Permit and Procurement Expediting
Obtaining permits and the development of bid packages,
including workable early bid packages, is critical to expedite
the construction process. Since a Master Permit can take 4-6
months to obtain after filing, we suggest filing for an Early
Foundation Permit to mitigate delays.
• Benefits of Early Foundation Permit:
x Filing allows the issuance of a foundation-only (early
start) permit prior to the approval of the final plan for
the entire project.
x The overall project can advance to 100% Design
Development to 50% Construction Development
Phases.
x The permit process is closer to a 1-2 month duration.
x Advances construction several months earlier than
anticipated as opposed to waiting for the Master
Permit.
• Early Procurement Package:
x If steel framing is selected as the preferred material
for construction, we can offer an early procurement
package and collaborate with the team to prepare
and distribute a Tekla Model for steel detailing
acceleration.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 34
26 | Qualifications
5. Workload of Firm (Continued)
Thornton Tomasetti’s Active Projects
Thornton Tomasetti is currently working on over 50 projects in
Florida. Our project team will be fully committed to Broward
County Aviation Department to ensure a successful project
delivery.
Thornton Tomasetti’s Completed Projects During the Past Five Years
Thornton Tomasetti has worked on over 415 projects during
the past five years. Below are highlights from our project
experience:
Elysee, 700 N.E. 23rd Street, Miami, FL. Structural engineering
services for a 500,000-square-foot, 57-story residential tower.
The building will include parking, amenities and a pool deck.
American Express, Regional Headquarters, Sunrise, FL.
Structural engineering services for two glass office buildings
connected by an atrium. The headquarters will total 440,000
square feet and sit on a 40-acre site. The new campus will allow
the company to consolidate operations and provide flexibility for
expansion. The project is being designed to LEED standards.
City of Coral Springs, City Hall, Coral Springs, FL. Structural
design of a five-story, 80,000-square-foot municipal office
building, which will house a central energy plant and a post
office. The building features a structural steel grand stair and
exterior canopy. The four-story, parking garage will accommodate
600 cars. Connecting the two structures is a seventy foot long
structural steel pedestrian bridge.
Dania Jai Alai Renovation, Dania Beach, FL. Structural
engineering services for the renovation and conversion of an
existing jai alai facility into a casino and entertainment venue,
while maintaining a small viewing area for jai alai, which will still
be played in the facility. Scope includes retrofitting the building
with new shear walls to bring the lateral system up to code.
Florida International University, Residence at University City,
Sweetwater, FL. Structural engineering services for a mixed-use
project private student housing development with multiple levels
of parking, ground floor retail, a sixth floor recreation deck with
residential units and nine additional levels of residential units.
Due to the different residential and parking column grids, a
transfer level will be necessary below the sixth floor. The overall
gross square footage of the building is approximately 505,000
square feet.
Resorts World Miami, Miami, FL. Structural design services
through concept design phase for a 10-million-square-foot mixed-
use development. Scope included 3.5 million square feet of retail
and entertainment space with meeting facilities on an eight-level
podium; three million square feet of hotel space in four towers;
and 1.7 million square feet of residential condominiums in two
towers over a three-story, 1.9-million-square-foot basement and a
3.6-acre rooftop lagoon.
American Express, Regional Headquarters
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PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 35
6
LOCATION
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 36
Broward County Board of County Commissioners
Bid PNC2115981P1
RFP-RFQ-RLI LOCATION ATTESTATION FORM (EVALUATION CRITERIA)
The completed and signed form and supporting information (if applicable, for Joint Ventures) should be returned with the Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days of County’s request. Failure to timely submit this form and supporting information may affect the Vendor’s evaluation. Provided information is subject to verification by the County.
A Vendor’s principal place of business location (also known as the nerve center) within Broward County is considered in accordance with Evaluation Criteria. The County’s definition of a principal place of business is:
1. As defined by the Broward County Local Preference Ordinance, “Principal place of business
means the nerve center or center of overall direction, control and coordination of the activities of the bidder [Vendor]. If the bidder has only one (1) business location, such business location shall be considered its principal place of business.”
2. A principal place of business refers to the place where a corporation's officers direct, control,
and coordinate the corporation's day-to-day activities. It is the corporation's ‘nerve center’ and in practice it should normally be the place where the corporation maintains its headquarters; provided that the headquarters is the actual center of direction, control, and coordination, i.e., the ‘nerve center’, and not simply an office where the corporation holds its board meetings (for example, attended by directors and officers who have traveled there for the occasion).
The Vendor’s principal place of business in Broward County shall be the Vendor’s “Principal Address” indicated with the Florida Department of State Division of Corporations, for at least six months prior to the solicitation’s due date.
Check one of the following:
X The Vendor certifies that it has a principal place of business location (also known as the nerve
center) within Broward County, as documented in Florida Department of State Division of Corporations (Sunbiz), and attests to the following statements:
1. Vendor’s address listed in its submittal is its principal place of business as defined by Broward
County;
2. Vendor’s “Principal Address” listed with the Florida Department of State Division of Corporations is the same as the address listed in its submittal and the address was listed for at least six months prior to the solicitation’s opening date. A copy of Florida Department of State Division of Corporations (Sunbiz) is attached as verification.
3. Vendor must be located at the listed “nerve center” address (“Principal Address”) for at least six (6) months prior to the solicitation’s opening date;
4. Vendor has not merged with another firm within the last six months that is not headquartered in Broward County and is not a wholly owned subsidiary or a holding company of another firm that is not headquartered in Broward County;
5. If awarded a contract, it is the intent of the Vendor to remain at the referenced address for the
duration of the contract term, including any renewals, extensions or any approved interim contracts for the services provided under this contract; and
6. The Vendor understands that if after contract award, the County learns that the attestation
was erroneous, and upon investigation determines that the error was willful or intentional on
5/1/2018 11:55 AM p. 26
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 37
Broward County Board of County Commissioners
Bid PNC2115981P1
the part of the Vendor, the County may, on that basis exercise any contractual right to terminate the contract. Further any misleading, inaccurate, false information or documentation submitted by any party affiliated with this procurement may lead to suspension and/or debarment from doing business with Broward County as outlined in the Procurement Code, Section 21.119.
If the Vendor is submitting a response as a Joint Venture, the following information is required to be submitted:
a. Name of the Joint Venture Partnership b. Percentage of Equity for all Joint Venture Partners c. A copy of the executed Agreement(s) between the Joint Venture Partners
Vendor does not have a principal place of business location (also known as the nerve center) within
Broward County.
Vendor Information:
Vendor Name: Thornton Tomasetti
Vendor’s address listed in its submittal is:
The signature below must be by an individual authorized to bind the Vendor. The signature below is an attestation that all information listed above and provided to Broward County is true and accurate.
Vice President Thornton Tomasetti May 11, 2018
Authorized Signature/Name
Title Vendor Name Date
5/1/2018 11:55 AM p. 27
101 NE Third Ave., Suite 1170 Fort Lauderdale, FL 33301-1199
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 38
7
WILLINGNESS TO MEET TIME AND BUDGET
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 39
29 | Qualifications
7. Willingness to Meet Time and Budget Requirements
Schedule Adherence
Schedule control is collaborative. With support of 40 dedicated
local staff and 1300 professionals firmwide, we are committed
to on-time delivery of this project, just as you are. We have an
excellent track record in schedule control, which we maintain by
keeping timing issues at the forefront of the design process,
resolving key issues at the appropriate times, keeping changes
to a minimum, and predicting where changes are likely to occur.
Scheduling can have significant impact both on construction cost
and real estate projections.
When we begin the project, we will establish a clear
understanding of your management philosophy and your stated
project goals. Building on that knowledge, we will develop a
specific project approach that defines each phase of this project
and outlines the most appropriate ways to implement each
phase.
A project management work plan, developed at the start of the
project, includes a list of primary tasks and a detailed schedule
for accomplishing design activities and meeting deadlines. Once
approved, this schedule will become the timeline and road map
for the entire project team.
The detailed schedule established at the beginning of the project
is confirmed and updated at the weekly meetings. We establish
procedures for approving each stage and phase, including the
individuals responsible for sign-off, the method of approval
documentation, and a clear understanding of what each approval
means in terms of the next step on the project. You will receive
executive reports and summaries, giving a project overview.
When the scope of work on a project changes at the client’s
request, the manager documents the change and confers
with the client. Even a minor increase or change in scope
can affect the staff hour budget, and may require additional
or supplemental fees. When a fee increase is necessary, the
client’s written approval must be obtained before any additional
hours are charged to the project or fees are expended.
Strategies to Improve the Schedule
Our experience has taught us that getting involved early is the
key. By doing so, we are better able to understand the project as
it relates to owners’ needs and expectations. The best facilities
and development planning requires a combination of practicality
and creativity. Over half of the jobs that we design at Thornton
Tomasetti are done using this method, and the results speak for
themselves. Identification of long lead items, determination of the
availability of specialty items, development of phasing plans, and
sequencing of critical path activities are essential in the
preconstruction phase.
Permit and Procurement Expediting
Obtaining permits and the development of bid packages,
including workable early bid packages, is critical to expedite
the construction process. Since a Master Permit can take 4-6
months to obtain after filing, we suggest filing for an Early
Foundation Permit to mitigate delays.
• Benefits of Early Foundation Permit:
x Filing allows the issuance of a foundation-only (early
start) permit prior to the approval of the final plan for
the entire project.
x The overall project can advance to 100% Design
Development to 50% Construction Development
Phases.
x The permit process is closer to a 1-2 month duration.
x Advances construction several months earlier than
anticipated as opposed to waiting for the Master
Permit.
• Early Procurement Package:
x If steel framing is selected as the preferred material
for construction, we can offer an early procurement
package and collaborate with the team to prepare
and distribute a Tekla Model for steel detailing
acceleration.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 40
30 | Qualifications
7. Willingness to Meet Time and Budget Requirements (Continued)
Budget Requirements
Thornton Tomasetti is known for cost-cutting structural
innovations and effective management of structurally complex
projects. Cost and constructability concerns are monitored
through our project analysis and quality assurance programs.
Thornton Tomasetti is committed to innovation, efficiency and
economy in design.
For this project, we have assigned a key staff team highly
experienced in renovations and familiar with the needs of clients
to assure the success of this project. The team will start the
project with a condition survey to determine the condition of the
structure and a load analysis to determine if the existing floor
framing can support new loads imposed.
We will work closely with the project team to study and
recommend alternative structural systems that are suited to the
project’s design, budget, and construction objectives. This effort
occurs primarily during the schematic design phase when the
pros and cons of the systems are delineated and their desired
interface with the work of other disciplines is coordinated.
Thornton Tomasetti has a reputation for its technical expertise in
optimizing designs to reduce costs, simplify erection procedures
and speed up construction. We are internationally recognized
for our ability to innovate in order to meet a project’s special
requirements, whether financial or functional.
Design Budget Control System
Thornton Tomasetti uses a Budgetary Control System to monitor
and control all projects in the office. This is a management
information system designed to provide all personnel associated
with the project, as well as management personnel, the past,
present and future man hour information known about the
project. Thornton Tomasetti form sheets are filled out daily and
the specific project costs are aggregated bi-1 for review.
Input Forms
Project Budget Input Form: This form is input at the beginning
of a project. It contains the budget (in hours), the average hourly
rate, and the key staff names by department. It also contains the
direct charges to be budgeted. If changes in scope occur after
the project is initiated, a revised budget form is prepared with
applicable adjustments.
Estimate of Manhours: This form is filled in bimonthly by
project managers. It contains the percentage of work complete,
the estimate of hours expended for the previous four week
period, and the estimate of the required manpower required for
the next four weeks.
Output Reports
Company Project Status: This weekly report of all active
projects is designed to give key personnel (project managers)
primary information pertaining to the status of all projects.
Project Status Reports: A report of each project, containing
information about each department involved in the project and its
percentage completion. It is designed primarily to give Project
Managers information concerning the schedule of their projects.
Project Status by Project Manager: This report of project
information sequenced by Project Managers is designed
primarily for review by Principals and other Management
personnel.
Report of Project Over and Under Budget: This exception
report lists those projects with an index outside of specified limits.
It is primarily an upper management report executed by
principals to control internal budgets.
These controls enable our client, our management and the
project team to be continuously informed of the status of the
project.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 41
8
VOLUME OF PREVIOUS WORK
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 42
Broward County Board of County Commissioners
Bid PNC2115981P1
VOLUME OF PREVIOUS WORK ATTESTATION FORM
The completed and signed form should be returned with the Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to provide timely may affect the Vendor’s evaluation. This completed form must be included with the Vendor’s submittal at the time of the opening deadline to be considered for a Tie Breaker criterion (if applicable).
The calculation for Volume of Previous Work is all amounts paid to the prime Vendor by Broward County Board of County Commissioners at the time of the solicitation opening date within a five-year timeframe. The calculation of Volume of Previous Work for a prime Vendor previously awarded a contract as a member of a Joint Venture firm is based on the actual equity ownership of the Joint Venture firm.
In accordance with Section 21.31.d. of the Broward County Procurement Code, the Vendor with the lowest dollar volume of work previously paid by the County over a five-year period from the date of the submittal opening will receive the Tie Breaker.
Vendor must list all projects it received payment from Broward County Board of County Commissioners during the past five years. If the Vendor is submitting as a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture. The Vendor attests to the following:
Item
No.
Project Title
Solicitation/
Contract
Number:
Department
or Division
Date
Awarded
Paid to Date
Dollar
Amount
1 N/A
2
3
4
5
Grand Total
Has the Vendor been a member/partner of a Joint Venture firm that was awarded a contract by the County?
Yes No X
If Yes, Vendor must submit a Joint Vendor Volume of Work Attestation Form.
Vendor Name:
Title Date
5/1/2018 11:55 AM p. 43
Vice President May 11, 2018
Thornton Tomasetti
Authorized Signature/ Name
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 43
9
ADDITIONAL FORMS AND INFORMATION
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 44
29 | Qualifications
9. Additional Forms and Information
We have included our forms and financial documents as a
separate PDF for your review since they are not part of the
Evaluation Criteria. Our financial documents are to remain
confidential.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 45
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Vendor Reference Verification Form
Broward County Solicitation No. and Title:
Reference for:
Organization/Firm Name providing reference:
Contact Name: Reference date:
Contact Phone: Contact Email:
Name of Referenced Project:
Contract No. Date Services Provided: Project Amount:
Vendor’s role in Project: Prime Vendor Subconsultant/Subcontractor
Would you use this vendor again? Yes No If No, please specify in Additional Comments (below).
Description of services provided by Vendor:
Please rate your experience with the referenced Vendor:
Needs Improvement
Satisfactory Excellent Not Applicable
1. Vendor’s Quality of Servicea. Responsiveb. Accuracyc. Deliverables
2. Vendor’s Organization:a. Staff expertiseb. Professionalismc. Turnover
3. Timeliness of:a. Projectb. Deliverables
4. Project completed within budget
5. Cooperation with:a. Your Firmb. Subcontractor(s)/Subconsultant(s)c. Regulatory Agency(ies)
Additional Comments: (provide on additional sheet if needed)
All information provided to Broward County is subject to verification. Vendor acknowledges that inaccurate, untruthful, or incorrect statements made in support of this response may be used by the County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code.
to
Title:
***THIS SECTION FOR COUNTY USE ONLY***
Verified via: ____EMAIL ____VERBAL Verified by: ______________________________ Division: _______________ Date: _____________
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 42
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 48
Vendor Reference Verification Form
Broward County Solicitation No. and Title:
Reference for:
Organization/Firm Name providing reference:
Contact Name: Reference date:
Contact Phone: Contact Email:
Name of Referenced Project:
Contract No. Date Services Provided: Project Amount:
Vendor’s role in Project: Prime Vendor Subconsultant/Subcontractor
Would you use this vendor again? Yes No If No, please specify in Additional Comments (below).
Description of services provided by Vendor:
Please rate your experience with the referenced Vendor:
Needs Improvement
Satisfactory Excellent Not Applicable
1. Vendor’s Quality of Servicea. Responsiveb. Accuracyc. Deliverables
2. Vendor’s Organization:a. Staff expertiseb. Professionalismc. Turnover
3. Timeliness of:a. Projectb. Deliverables
4. Project completed within budget
5. Cooperation with:a. Your Firmb. Subcontractor(s)/Subconsultant(s)c. Regulatory Agency(ies)
Additional Comments: (provide on additional sheet if needed)
All information provided to Broward County is subject to verification. Vendor acknowledges that inaccurate, untruthful, or incorrect statements made in support of this response may be used by the County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code.
to
Title:
***THIS SECTION FOR COUNTY USE ONLY***
Verified via: ____EMAIL ____VERBAL Verified by: ______________________________ Division: _______________ Date: _____________
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 42
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 49
Vendor Reference Verification Form
Broward County Solicitation No. and Title:
Reference for:
Organization/Firm Name providing reference:
Contact Name: Reference date:
Contact Phone: Contact Email:
Name of Referenced Project:
Contract No. Date Services Provided: Project Amount:
Vendor’s role in Project: Prime Vendor Subconsultant/Subcontractor
Would you use this vendor again? Yes No If No, please specify in Additional Comments (below).
Description of services provided by Vendor:
Please rate your experience with the referenced Vendor:
Needs Improvement
Satisfactory Excellent Not Applicable
1. Vendor’s Quality of Servicea. Responsiveb. Accuracyc. Deliverables
2. Vendor’s Organization:a. Staff expertiseb. Professionalismc. Turnover
3. Timeliness of:a. Projectb. Deliverables
4. Project completed within budget
5. Cooperation with:a. Your Firmb. Subcontractor(s)/Subconsultant(s)c. Regulatory Agency(ies)
Additional Comments: (provide on additional sheet if needed)
All information provided to Broward County is subject to verification. Vendor acknowledges that inaccurate, untruthful, or incorrect statements made in support of this response may be used by the County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code.
to
Title:
***THIS SECTION FOR COUNTY USE ONLY***
Verified via: ____EMAIL ____VERBAL Verified by: ______________________________ Division: _______________ Date: _____________
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 42
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 50
Vendor Reference Verification Form
Broward County Solicitation No. and Title:
Reference for:
Organization/Firm Name providing reference:
Contact Name: Reference date:
Contact Phone: Contact Email:
Name of Referenced Project:
Contract No. Date Services Provided: Project Amount:
Vendor’s role in Project: Prime Vendor Subconsultant/Subcontractor
Would you use this vendor again? Yes No If No, please specify in Additional Comments (below).
Description of services provided by Vendor:
Please rate your experience with the referenced Vendor:
Needs Improvement
Satisfactory Excellent Not Applicable
1. Vendor’s Quality of Servicea. Responsiveb. Accuracyc. Deliverables
2. Vendor’s Organization:a. Staff expertiseb. Professionalismc. Turnover
3. Timeliness of:a. Projectb. Deliverables
4. Project completed within budget
5. Cooperation with:a. Your Firmb. Subcontractor(s)/Subconsultant(s)c. Regulatory Agency(ies)
Additional Comments: (provide on additional sheet if needed)
All information provided to Broward County is subject to verification. Vendor acknowledges that inaccurate, untruthful, or incorrect statements made in support of this response may be used by the County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward CountyProcurement Code.
to
Title:
***THIS SECTION FOR COUNTY USE ONLY***
Verified via: ____EMAIL ____VERBAL Verified by: ______________________________ Division: _______________ Date: _____________
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 42
5/2015 ongoing $ 177 M
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 51
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AFFILIATED ENTITIES OF THE PRINCIPAL(S) CERTIFICATION FORM
The completed form should be submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a primeVendor with the County.
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performanceevaluations and the compliance history with the County ’s Small Business Program, including CBE,DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entitiesrelated to the Vendor by the sharing of stock or other means of control, including but not limited to asubsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliatedentities of the Vendor's principals in its review and determination of responsibility.
The Vendor hereby certifies that: (select one)
No principal of the proposing Vendor has prior affiliations that meet the criteria defined as “Affiliated entities ”
Principal(s) listed below have prior affiliations that meet the criteria defined as “Affiliated entities ”
Principal ’s Name:
Names of Affiliated Entities:
Principal ’s Name:
Names of Affiliated Entities:
Principal ’s Name:
Names of Affiliated Entities:
Authorized Signature Name:
Title:
Vendor Name:
Date:
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Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 21
X
Thornton Tomasetti
May 11, 2018
Vice President
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 52
Agreement Exception Form
Thornton Tomasetti reserves its rights, should it be awarded the project, to negotiate the terms and conditions of any final proposed agreements, including the County’s Agreement, after an opportunity to review such documents and after final agreement on the proposed scope of services to be performed.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 53
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AGREEMENT EXCEPTION FORM
The completed form(s) should be returned with the Vendor ’s submittal. If not provided with submittal, it shall be deemed an affirmation by the Vendor that it accepts the terms and conditions of the County ’s Agreement as disclosed in the solicitation.
The Vendor must either provide specific proposed alternative language on the form below. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
Vendor Name:
There are no exceptions to the terms and conditions of the County Agreement as referenced in the solicitation; or
The following exceptions are disclosed below: (use additional forms as needed; separate each Article/ Section number)
Term or Condition
Article / Section
Insert version of exception or
specific proposed alternative
language
Provide brief justification
for change
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 22
*Please see the attached response on the following page.
Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 54
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DOMESTIC PARTNERSHIP ACT CERTIFICATION FORM (REQUIREMENT AND TIEBREAKER)
Refer to Special Instructions to identify if Domestic Partnership Act is a requirement of the solicitation or acts
only as a tiebreaker. If Domestic Partnership is a requirement of the solicitation, the completed and signed form
should be returned with the Vendor ’s submittal. If the form is not provided with submittal, the Vendor must
submit within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully
comply within stated timeframes. To qualify for the Domestic Partnership tiebreaker criterion, the Vendor must
currently offer the Domestic Partnership benefit and the completed and signed form must be returned at time of
solicitation submittal.
The Domestic Partnership Act, Section 16 ½ -157, Broward County Code of Ordinances, requires all Vendors
contracting with the County, in an amount over $100,000 provide benefits to Domestic Partners of its employees,
on the same basis as it provides benefits to employees ’ spouses, with certain exceptions as provided by the
Ordinance.
For all submittals over $100,000.00, the Vendor, by virtue of the signature below, certifies that it is aware of the
requirements of Broward County ’s Domestic Partnership Act, Section 16-½ -157, Broward County Code of
Ordinances; and certifies the following: (check only one below).
1. The Vendor currently complies with the requirements of the County ’s Domestic Partnership Act
and provides benefits to Domestic Partners of its employees on the same basis as it provides
benefits to employees ’ spouses
2. The Vendor will comply with the requirements of the County ’s Domestic Partnership Act at time of
contract award and provide benefits to Domestic Partners of its employees on the same basis as
it provides benefits to employees ’ spouses.
3. The Vendor will not comply with the requirements of the County ’s Domestic Partnership Act at
time of award.
4. The Vendor does not need to comply with the requirements of the County ’s Domestic Partnership
Act at time of award because the following exception(s) applies: (check only one below).
The Vendor is a governmental entity, not-for-profit corporation, or charitable organization.
The Vendor is a religious organization, association, society, or non -profit charitable or
educational institution.
The Vendor provides an employee the cash equivalent of benefits. (Attach an affidavit in
compliance with the Act stating the efforts taken to provide such benefits and the amount of
the cash equivalent).
The Vendor cannot comply with the provisions of the Domestic Partnership Act because it
would violate the laws, rules or regulations of federal or state law or would violate or be
inconsistent with the terms or conditions of a grant or contract with the United States or State
of Florida. Indicate the law, statute or regulation (State the law, statute or regulation and
attach explanation of its applicability).
Authorized
Signature/Name
Title Vendor Name Date
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 23
Vice President Thornton Tomasetti 5/11/2018
X
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 55
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LITIGATION HISTORY FORM
The completed form(s) should be returned with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
There are no material cases for this Vendor; or
Material Case(s) are disclosed below:
Is this for a: (check type)
Parent, Subsidiary, or
Predecessor Firm?
If Yes, name of Parent/Subsidiary/Predecessor:
Or No
PartyCase Number, Name,
and Date FiledName of Court or other tribunal
Type of Case Bankruptcy Civil Criminal Administrative/Regulatory
Claim or Cause of Action and Brief description of
each CountBrief description of the
Subject Matter and Project Involved
Disposition of Case
(Attach copy of any applicable Judgment,
Settlement Agreement and Satisfaction of Judgment.)
Pending Settled Dismissed
Judgment Vendor ’s Favor Judgment Against Vendor
If Judgment Against, is Judgment Satisfied? Yes No
Opposing CounselName:
Email:
Telephone Number:
Vendor Name:
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 24
*Please see the attached response on the following page.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 56
Litigation History
From time to time our firm has been brought into lawsuits involving projects on which we have performed services. Most of these cases involve personal injury / site safety issues, which are not our responsibility. Accordingly, we have often had the cases dismissed as against our firm by filing an affidavit of noninvolvement or by speaking with the plaintiff’s attorney. In other instances, we decided to contribute towards settlement to avoid litigation costs, expending the time of our key staff, or the risk of an adverse court decision. On rare occasions, and only after patient accommodation of our client, the firm has found it necessary to file claims to secure payment of long-overdue professional fees.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 57
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LOBBYIST REGISTRATION REQUIREMENT CERTIFICATION FORM
The completed form should be submitted with the solicitation response but must be submitted within three business
days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
The Vendor certifies that it understands if it has retained a lobbyist(s) to lobby in connection with a competitive
solicitation, it shall be deemed non-responsive unless the firm, in responding to the competitive solicitation, certifies
that each lobbyist retained has timely filed the registration or amended registration required under Broward County
Lobbyist Registration Act, Section 1-262, Broward County Code of Ordinances; and it understands that if, after awarding
a contract in connection with the solicitation, the County learns that the certification was erroneous, and upon
investigation determines that the error was willful or intentional on the part of the Vendor, the County may, on that basis,
exercise any contractual right to terminate the contract for convenience.
The Vendor hereby certifies that: (select one)
It has not retained a lobbyist(s) to lobby in connection with this competitive solicitation; however, if retained after
the solicitation, the County will be notified.
It has retained a lobbyist(s) to lobby in connection with this competitive solicitation and certified that each lobbyist
retained has timely filed the registration or amended registration required under Broward County Lobbyist
Registration Act, Section 1-262, Broward County Code of Ordinances.
It is a requirement of this solicitation that the names of any and all lobbyists retained to lobby in connection
with this solicitation be listed below:
Name of Lobbyist:
Lobbyist ’s Firm:
Phone:
E-mail:
Name of Lobbyist:
Lobbyist ’s Firm:
Phone:
E-mail:
Authorized Signature/Name: Date:
Title:
Vendor Name:
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 25
X
Vice President
Thornton Tomasetti
May 11, 2018
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 58
5
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RFP-RLI-RFQ LOCAL PREFERENCE AND TIE BREAKER CERTIFICATION FORM
The completed and signed form should be returned with the Vendor ’s submittal to determine Local Preference eligibility, however it must be returned at time of solicitation submittal to qualify for the Tie Break criteria. If not provided with submittal, the Vendor must submit within three business days ofCounty ’s request for evaluation of Local Preference. Proof of a local business tax should be submitted with this form. Failure to timely submit this form or local business tax receipt may render the business ineligible for application of the Local Preference or Tie Break Criteria.
In accordance with Section 21.31.d. of the Broward County Procurement Code, to qualify for the Tie Break Criteria, the undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward County and:
a. has a valid Broward County local business tax receipt;
b. has been in existence for at least six-months prior to the solicitation opening;
c. at a business address physically located within Broward County;
d. in an area zoned for such business;
e. provides services from this location on a day-to-day basis, and
f. services provided from this location are a substantial component of the services offeredin the Vendor's proposal.
In accordance with Local Preference, Section 1-74, et. seq.,Broward County Code of Ordinances, a local business meeting the below requirements is eligible for Local Preference. To qualify for the Local Preference, the undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward and:
a. has a valid Broward County local business tax receipt issued at least one year prior tosolicitation opening;
b. has been in existence for at least one-year prior to the solicitation opening;
c. provides services on a day-to-day basis, at a business address physically locatedwithin the Broward County limits in an area zoned for such business; and
d. the services provided from this location are a substantial component of the servicesoffered in the Vendor's proposal.
Local Business Address:
Vendor does not qualify for Tie Break Criteria or Local Preference, in accordance with the above requirements. The undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is not a local Vendor in Broward County.
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AUTHORIZED
SIGNATURE/ NAME
TITLE COMPANY DATE
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 28
X
X
101 NE Third Avenue, Suite 1170Fort Lauderdale, FL 33301-1199
Vice President Thornton Tomasetti May 11, 2018
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 59
5
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RFP-RLI-RFQ LOCAL PREFERENCE AND TIE BREAKER CERTIFICATION FORM
The completed and signed form should be returned with the Vendor ’s submittal to determine Local Preference eligibility, however it must be returned at time of solicitation submittal to qualify for the Tie Break criteria. If not provided with submittal, the Vendor must submit within three business days ofCounty ’s request for evaluation of Local Preference. Proof of a local business tax should be submitted with this form. Failure to timely submit this form or local business tax receipt may render the business ineligible for application of the Local Preference or Tie Break Criteria.
In accordance with Section 21.31.d. of the Broward County Procurement Code, to qualify for the Tie Break Criteria, the undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward County and:
a. has a valid Broward County local business tax receipt;
b. has been in existence for at least six-months prior to the solicitation opening;
c. at a business address physically located within Broward County;
d. in an area zoned for such business;
e. provides services from this location on a day-to-day basis, and
f. services provided from this location are a substantial component of the services offeredin the Vendor's proposal.
In accordance with Local Preference, Section 1-74, et. seq.,Broward County Code of Ordinances, a local business meeting the below requirements is eligible for Local Preference. To qualify for the Local Preference, the undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward and:
a. has a valid Broward County local business tax receipt issued at least one year prior tosolicitation opening;
b. has been in existence for at least one-year prior to the solicitation opening;
c. provides services on a day-to-day basis, at a business address physically locatedwithin the Broward County limits in an area zoned for such business; and
d. the services provided from this location are a substantial component of the servicesoffered in the Vendor's proposal.
Local Business Address:
Vendor does not qualify for Tie Break Criteria or Local Preference, in accordance with the above requirements. The undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is not a local Vendor in Broward County.
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AUTHORIZED
SIGNATURE/ NAME
TITLE COMPANY DATE
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 29
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 60
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3 4
SCRUTINIZED COMPANIES LIST REQUIREMENT CERTIFICATION FORM
The completed and signed form(s) should be returned with the Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days of County’s request. Vendor may be deemed nonresponsive for failure to fully comply within stated timeframes.
Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor, by virtue of the signature below, certifies that:
a. The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and215.4725 Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in SudanList, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the ScrutinizedCompanies that Boycott Israel List; and
b. The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on eitherthe Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in theIran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
c. If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing ifany of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the ScrutinizedCompanies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies thatBoycott Israel List.
Authorized Signature/Name
Title Vendor Name Date
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 33
Vice President Thornton Tomasetti May 11, 2018
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 62
5
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SUBCONTRACTORS/SUBCONSULTANTS/SUPPLIERS REQUIREMENT FORMRequest for Proposals, Request for Qualifications, or Request for Letters of Interest
The following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
A. The Vendor shall submit a listing of all subcontractors, subconsultants and major materialsuppliers (firms), if any, and the portion of the contract they will perform. A major materialsupplier is considered any firm that provides construction material for construction contracts, or commodities for service contracts in excess of $50,000, to the Vendor.
B. If participation goals apply to the contract, only non-certified firms shall be identified on theform. A non-certified firm is a firm that is not listed as a firm for attainment of participationgoals (ex. County Business Enterprise or Disadvantaged Business Enterprise), if applicable to the solicitation.
C. This list shall be kept up -to-date for the duration of the contract. If subcontractors,subconsultants or suppliers are stated, this does not relieve the Vendor from the primeresponsibility of full and complete satisfactory performance under any awarded contract.
D. After completion of the contract/final payment, the Vendor shall certify the final list of non-certified subcontractors, subconsultants, and suppliers that performed or provided servicesto the County for the referenced contract.
E. The Vendor has confirmed that none of the recommended subcontractors, subconsultants, orsuppliers ’ principal(s), officer(s), affiliate(s) or any other related companies have beendebarred from doing business with Broward County or any other governmental agency.
If none, state “none” on this form. Use additional sheets as needed. Vendor should scan and upload any additional form(s) in BidSync.
1. Subcontracted Firm’s Name:
Subcontracted Firm’s Address:
Subcontracted Firm’s Telephone Number:
Contact Person’s Name and Position:
Contact Person’s E-Mail Address:
Estimated Subcontract/Supplies Contract Amount:
Type of Work/Supplies Provided:
2. Subcontracted Firm’s Name:
Subcontracted Firm’s Address:
Subcontracted Firm’s Telephone Number:
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 35
None
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 63
5
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VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:
2. Doing Business As/ Fictitious Name (if applicable):
3. Federal Employer I.D. no. (FEIN):
4. Dun and Bradstreet No.:
5. Website address (if applicable):
6. Principal place of business address:
7. Office location responsible for this project:
8. Telephone no.: Fax no.:
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In)
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious
name):
11. List name and title of each principal, owner, officer, and major shareholder:
a)
b)
c)
d)
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name:
Title:
E-mail:
Telephone No.:
Name:
Title:
E-mail:
Telephone No.:
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or
its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators,
and Assistants to the County Administrator and their respective support staff or any person, including Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the
actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:
a. The dangers of drug abuse in the workplace;b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required bysubparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition ofemployment on a covered contract, the employee shall:
a. Abide by the terms of the statement; andb. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or of any state, for aviolation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice undersubdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The
notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of thefollowing actions with respect to an employee who is convicted of a drug abuse violation occurring in the
workplace:a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or otherappropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of
subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward
County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County
Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s)
with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized
Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name:
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate asto Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written orotherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge thatinaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as thebasis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify thatthe Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm orperson submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge andaccept all of the solicitation pages as well as any special instructions sheet(s).
55
66
55
66
13. Has your firm, its principals, officers or predecessor organization(s) been debarred
or suspended by any government entity within the last three years? If yes, specifydetails in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been
debarred or suspended by any government entity? If yes, specify details in anattached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products duringthe last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers ofanother organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against yourfirm, its parent or subsidiaries or predecessor organizations during the last threeyears? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or
have Performance and/or Payment Bond claims been made to your firm or itspredecessor's sureties during the last three years? If yes, specify details in anattached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/ordelivery of products during the last three (3) years? If yes, specify details in anattached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? Ifyes, specify details in an attached written response.
Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are aresult of the Ordinance for this solicitation, provide the following for informationalpurposes only. Response is not considered in determining the award of this
contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by % or decreased the pricing by
%.
*AUTHORIZED SIGNATURE/NAME TITLE DATE
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 36
Thornton Tomasetti, Inc.
13-1251070
06251397
N/A
www.thorntontomasetti.com
51 Madison Avenue, New York, NY 10010
101 NE Third Ave., Suite 1170, Fort Lauderdale, FL 33301
954.903.9300 954.903.9301
X New York
F96000003493
Thomas Scarangello, Chairman/CEO
Raymond Daddazio, President Aine Brazil, Vice Chairman Dennis Poon, Vice Chairman
There are additional principals and shareholders not listed. If requested, Thornton Tomasetti can provide a complete list of these individuals.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 64
5
6
3 4
VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:
2. Doing Business As/ Fictitious Name (if applicable):
3. Federal Employer I.D. no. (FEIN):
4. Dun and Bradstreet No.:
5. Website address (if applicable):
6. Principal place of business address:
7. Office location responsible for this project:
8. Telephone no.: Fax no.:
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In)
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious
name):
11. List name and title of each principal, owner, officer, and major shareholder:
a)
b)
c)
d)
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name:
Title:
E-mail:
Telephone No.:
Name:
Title:
E-mail:
Telephone No.:
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or
its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators,
and Assistants to the County Administrator and their respective support staff or any person, including Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the
actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:
a. The dangers of drug abuse in the workplace;b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required bysubparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition ofemployment on a covered contract, the employee shall:
a. Abide by the terms of the statement; andb. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or of any state, for aviolation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice undersubdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The
notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of thefollowing actions with respect to an employee who is convicted of a drug abuse violation occurring in the
workplace:a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or otherappropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of
subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward
County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County
Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s)
with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized
Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name:
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate asto Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written orotherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge thatinaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as thebasis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify thatthe Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm orperson submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge andaccept all of the solicitation pages as well as any special instructions sheet(s).
55
66
55
66
13. Has your firm, its principals, officers or predecessor organization(s) been debarred
or suspended by any government entity within the last three years? If yes, specifydetails in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been
debarred or suspended by any government entity? If yes, specify details in anattached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products duringthe last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers ofanother organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against yourfirm, its parent or subsidiaries or predecessor organizations during the last threeyears? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or
have Performance and/or Payment Bond claims been made to your firm or itspredecessor's sureties during the last three years? If yes, specify details in anattached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/ordelivery of products during the last three (3) years? If yes, specify details in anattached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? Ifyes, specify details in an attached written response.
Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are aresult of the Ordinance for this solicitation, provide the following for informationalpurposes only. Response is not considered in determining the award of this
contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by % or decreased the pricing by
%.
*AUTHORIZED SIGNATURE/NAME TITLE DATE
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 37
X
X
X
X
X
X
X
X
Derek Wassink
Vice President [email protected]
954.903.9300
MacKenzie Ross-Fidler
954.903.9300
Senior Associate
X
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 65
5
6
3 4
VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:
2. Doing Business As/ Fictitious Name (if applicable):
3. Federal Employer I.D. no. (FEIN):
4. Dun and Bradstreet No.:
5. Website address (if applicable):
6. Principal place of business address:
7. Office location responsible for this project:
8. Telephone no.: Fax no.:
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In)
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious
name):
11. List name and title of each principal, owner, officer, and major shareholder:
a)
b)
c)
d)
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name:
Title:
E-mail:
Telephone No.:
Name:
Title:
E-mail:
Telephone No.:
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or
its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators,
and Assistants to the County Administrator and their respective support staff or any person, including Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the
actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:
a. The dangers of drug abuse in the workplace;b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required bysubparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition ofemployment on a covered contract, the employee shall:
a. Abide by the terms of the statement; andb. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or of any state, for aviolation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice undersubdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The
notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of thefollowing actions with respect to an employee who is convicted of a drug abuse violation occurring in the
workplace:a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or otherappropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of
subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward
County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County
Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s)
with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized
Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name:
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate asto Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written orotherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge thatinaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as thebasis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify thatthe Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm orperson submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge andaccept all of the solicitation pages as well as any special instructions sheet(s).
55
66
55
66
13. Has your firm, its principals, officers or predecessor organization(s) been debarred
or suspended by any government entity within the last three years? If yes, specifydetails in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been
debarred or suspended by any government entity? If yes, specify details in anattached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products duringthe last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers ofanother organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against yourfirm, its parent or subsidiaries or predecessor organizations during the last threeyears? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or
have Performance and/or Payment Bond claims been made to your firm or itspredecessor's sureties during the last three years? If yes, specify details in anattached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/ordelivery of products during the last three (3) years? If yes, specify details in anattached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? Ifyes, specify details in an attached written response.
Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are aresult of the Ordinance for this solicitation, provide the following for informationalpurposes only. Response is not considered in determining the award of this
contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by % or decreased the pricing by
%.
*AUTHORIZED SIGNATURE/NAME TITLE DATE
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 38
X
X
X
X
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 66
5
6
3 4
VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:
2. Doing Business As/ Fictitious Name (if applicable):
3. Federal Employer I.D. no. (FEIN):
4. Dun and Bradstreet No.:
5. Website address (if applicable):
6. Principal place of business address:
7. Office location responsible for this project:
8. Telephone no.: Fax no.:
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In)
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious
name):
11. List name and title of each principal, owner, officer, and major shareholder:
a)
b)
c)
d)
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name:
Title:
E-mail:
Telephone No.:
Name:
Title:
E-mail:
Telephone No.:
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or
its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators,
and Assistants to the County Administrator and their respective support staff or any person, including Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the
actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:
a. The dangers of drug abuse in the workplace;b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required bysubparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition ofemployment on a covered contract, the employee shall:
a. Abide by the terms of the statement; andb. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or of any state, for aviolation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice undersubdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The
notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of thefollowing actions with respect to an employee who is convicted of a drug abuse violation occurring in the
workplace:a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or otherappropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of
subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward
County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County
Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s)
with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized
Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name:
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate asto Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written orotherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge thatinaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as thebasis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify thatthe Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm orperson submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge andaccept all of the solicitation pages as well as any special instructions sheet(s).
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13. Has your firm, its principals, officers or predecessor organization(s) been debarred
or suspended by any government entity within the last three years? If yes, specifydetails in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been
debarred or suspended by any government entity? If yes, specify details in anattached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products duringthe last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers ofanother organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against yourfirm, its parent or subsidiaries or predecessor organizations during the last threeyears? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or
have Performance and/or Payment Bond claims been made to your firm or itspredecessor's sureties during the last three years? If yes, specify details in anattached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/ordelivery of products during the last three (3) years? If yes, specify details in anattached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? Ifyes, specify details in an attached written response.
Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are aresult of the Ordinance for this solicitation, provide the following for informationalpurposes only. Response is not considered in determining the award of this
contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by % or decreased the pricing by
%.
*AUTHORIZED SIGNATURE/NAME TITLE DATE
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 39
X
X
X
X
X
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 67
5
6
3 4
VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:
2. Doing Business As/ Fictitious Name (if applicable):
3. Federal Employer I.D. no. (FEIN):
4. Dun and Bradstreet No.:
5. Website address (if applicable):
6. Principal place of business address:
7. Office location responsible for this project:
8. Telephone no.: Fax no.:
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In)
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious
name):
11. List name and title of each principal, owner, officer, and major shareholder:
a)
b)
c)
d)
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name:
Title:
E-mail:
Telephone No.:
Name:
Title:
E-mail:
Telephone No.:
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or
its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators,
and Assistants to the County Administrator and their respective support staff or any person, including Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the
actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:
a. The dangers of drug abuse in the workplace;b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required bysubparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition ofemployment on a covered contract, the employee shall:
a. Abide by the terms of the statement; andb. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States or of any state, for aviolation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice undersubdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The
notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of thefollowing actions with respect to an employee who is convicted of a drug abuse violation occurring in the
workplace:a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or otherappropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of
subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward
County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County
Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s)
with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized
Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name:
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate asto Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written orotherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge thatinaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as thebasis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify thatthe Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm orperson submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge andaccept all of the solicitation pages as well as any special instructions sheet(s).
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13. Has your firm, its principals, officers or predecessor organization(s) been debarred
or suspended by any government entity within the last three years? If yes, specifydetails in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been
debarred or suspended by any government entity? If yes, specify details in anattached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products duringthe last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers ofanother organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against yourfirm, its parent or subsidiaries or predecessor organizations during the last threeyears? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or
have Performance and/or Payment Bond claims been made to your firm or itspredecessor's sureties during the last three years? If yes, specify details in anattached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/ordelivery of products during the last three (3) years? If yes, specify details in anattached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? Ifyes, specify details in an attached written response.
Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are aresult of the Ordinance for this solicitation, provide the following for informationalpurposes only. Response is not considered in determining the award of this
contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by % or decreased the pricing by
%.
*AUTHORIZED SIGNATURE/NAME TITLE DATE
Bid PNC2115981P1Broward County Board ofCounty Commissioners
5/1/2018 11:55 AM p. 40
Vice President May 11, 2018
Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 68
INSR ADDL SUBRLTR INSR WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACTNAME:
FAXPHONE(A/C, No):(A/C, No, Ext):
E-MAILADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBERPOLICY EFF POLICY EXP
TYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A(Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $DAMAGE TO RENTED
$PREMISES (Ea occurrence)CLAIMS-MADE OCCUR
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $
$
PRO-
OTHER:
LOCJECT
COMBINED SINGLE LIMIT$(Ea accident)
BODILY INJURY (Per person) $ANY AUTOOWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
AUTOS ONLYHIRED PROPERTY DAMAGE $
AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $PER OTH-STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below
POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
National Union Fire Ins. Co.
The Continental Insurance Company
New Hampshire Ins. Co.
Syndicate 2623/623 at Lloyd's
3/23/2018
Greyling Ins. Brokerage/EPIC3780 Mansell Road, Suite 370Alpharetta, GA 30022
Jerry Noyola770-552-4225 866-550-4082
Thornton Tomasetti, Inc.51 Madison Ave.New York, NY 10010
19445352892384137540
A XX
X X
5268227 04/01/2018 04/01/2019 1,000,000500,00025,0001,000,0002,000,0002,000,000
AX
X X
4489721 04/01/2018 04/01/2019 1,000,000
B X X
X 10,000
6024446200 04/01/2018 04/01/2019 10,000,00010,000,000
CAA
N
015893793 (AOS)015893794 (CA)015893795 (ME)
04/01/201804/01/201804/01/2018
04/01/201904/01/201904/01/2019
X1,000,000
1,000,0001,000,000
D Professional Liab B0901LB1731196000 06/20/2017 06/20/2018 Per Claim $1,000,000Aggregate $2,000,000
Sample Certificate
1 of 1#S1017451/M1017450
THORTOMAClient#: 25368
JNOY1
PNC2115981P1Broward County Board ofCounty Commissioners
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PNC2115981P1Broward County Board ofCounty Commissioners
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Thornton Tomasetti, Inc. and Subsidiaries
Consolidated Financial Statements (Together with Independent Auditors’ Report)
Years Ended December 31, 2016 and 2015
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 71
C O N T E N T S
Page
INDEPENDENT AUDITORS' REPORT 1
CONSOLIDATED FINANCIAL STATEMENTS
BALANCE SHEETS 2-3
STATEMENTS OF OPERATIONS 4
STATEMENTS OF COMPREHENSIVE INCOME (LOSS) 5
STATEMENTS OF CHANGES IN STOCKHOLDERS’ EQUITY 6
STATEMENTS OF CASH FLOWS 7-8
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS 9-25
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 72
Marks Paneth LLP New York 685 Third Avenue New Jersey New York, NY 10017 Pennsylvania P 212.503.8800 Washington, DC F 212.370.3759 markspaneth.com
INDEPENDENT AUDITORS' REPORT
Board of Directors Thornton Tomasetti, Inc.
We have audited the accompanying consolidated financial statements of Thornton Tomasetti, Inc. (a New York State Corporation) and subsidiaries, which comprise the consolidated balance sheets as of December 31, 2016 and 2015, and the related consolidated statements of operations, comprehensive income, changes in stockholders’ equity, and cash flows for the years then ended, and the related notes to the consolidated financial statements.
Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of consolidated financial statements that are free from material misstatement, whether due to fraud or error.
Auditors’ Responsibility Our responsibility is to express an opinion on these consolidated financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free of material misstatement.
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the consolidated financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the consolidated financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.
Basis for Qualified Opinion As more fully described in Note 18 to the financial statements, the Company does not believe it is reasonably possible to determine, and consequently, has not determined and recorded, a liability for certain postretirement benefits (OPEB Accrual) in accordance with accounting principles generally accepted in the United States of America. The effects of this departure on the consolidated financial statements are not reasonably determinable.
Qualified Opinion In our opinion, except for the effects of the lack of OPEB accrual as described in the Basis for Qualified Opinion paragraph, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of Thornton Tomasetti, Inc. and subsidiaries as of December 31, 2016 and 2015, and the results of its operations and its cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America.
New York, NY April 27, 2017
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 73
2016 2015CURRENT ASSETS
Cash and cash equivalents 2,459,328$ 4,634,275$ Contracts receivable - trade, less allowance for doubtful accounts
of $6,136,038 and $7,937,439 in 2016 and 2015, respectively 85,128,371 82,266,496 Note receivable - current 200,000 - Due from employees 15,681 35,696 Prepaid expenses and other current assets 6,066,083 5,005,426 Prepaid income taxes 682,774 1,399,252
Total Current Assets 94,552,237 93,341,145
PROPERTY AND EQUIPMENT, at cost, less accumulated depreciation and amortization 13,632,710 14,849,942
OTHER ASSETS Assets of consolidated VIE 1,593,461 - Goodwill, net 6,320,911 6,173,318 Intangible assets, net 2,458,842 3,722,439 Due from stockholders 76,844 113,766 Security deposits 598,051 745,138 Long term investment 442,865 407,486 Cash surrender value - 49,618 Deferred income taxes - noncurrent 7,908,871 5,914,605
Total Other Assets 19,399,845 17,126,370 127,584,792$ 125,317,457$
CONSOLIDATED BALANCE SHEETS
THORNTON TOMASETTI, INC.
ASSETS
December 31,
AND SUBSIDIARIES
See accompanying notes to consolidated financial statements.
- 2 -
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2016 2015CURRENT LIABILITIES
Current maturities of notes payable to former stockholders 1,085,977$ 1,163,544$ Current maturities of capitalized lease obligations 3,136 534,401 Distribution payable to stockholders of merged corporation - 1,520,421 Note payable to bank 4,700,000 4,028,749 Billings in excess of costs and estimated
earnings on uncompleted contracts 11,067,249 10,433,265 Accounts payable and accrued expenses 13,278,015 13,475,223 Income taxes payable 216,379 480,233 Deferred income taxes 14,902,373 13,720,527 Accrued compensation and fringe benefits 29,160,097 31,251,948
Total Current Liabilities 74,413,226 76,608,311
LIABILITIES OF CONSOLIDATED VIE 290,748 - DEFERRED RENT LIABILITY 3,919,717 3,475,393 CAPITALIZED LEASE OBLIGATIONS, less current maturities - 3,913 NOTES PAYABLE TO FORMER STOCKHOLDERS, less current maturities 2,633,173 1,857,218
Total Liabilities 81,256,864 81,944,835
COMMITMENTS AND CONTINGENCIES
STOCKHOLDERS' EQUITY Common stock, $.01 par value; 500,000 shares authorized, 480,254 shares
issued and 269,732 shares outstanding at December 31, 2016, and 500,000 shares authorized, 480,254 shares issued and 259,890 shares outstanding at December 31, 2015 4,803 4,803 Additional paid-in capital 60,742,071 54,000,847
Retained earnings 20,639,263 20,192,328 Accumulated other comprehensive loss - foreign currency translation (1,545,605) (717,538)
79,840,532 73,480,440 Less: Treasury stock, at cost, 210,522 shares at December 31, 2016 and
220,364 shares at December 31, 2015 (33,512,604) (30,107,818)
Total Stockholders' Equity of Thornton Tomasetti, Inc. 46,327,928 43,372,622
Noncontrolling interest - -
Total Equity 46,327,928 43,372,622
127,584,792$ 125,317,457$
December 31,
LIABILITIES AND STOCKHOLDERS' EQUITY
THORNTON TOMASETTI, INC.
CONSOLIDATED BALANCE SHEETS (Continued)AND SUBSIDIARIES
See accompanying notes to consolidated financial statements.
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PNC2115981P1Broward County Board ofCounty Commissioners
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2016 2015ENGINEERING AND ARCHITECTURAL
DESIGNING REVENUE 217,167,110$ 188,734,609$
DIRECT PROJECT COSTS 98,619,098 84,674,471
Gross Profit 118,548,012 104,060,138
OPERATING EXPENSES Professional costs and engineering proposals 7,660,588 7,490,076 General and administrative 109,450,775 92,946,439
Total Operating Expenses 117,111,363 100,436,515
INCOME FROM OPERATIONS 1,436,649 3,623,623
OTHER (EXPENSE) INCOME Revenue of consolidated VIE 705,153 - Expenses of consolidted VIE (2,378,570) - Interest and dividend income 42,551 19,693 Interest expense (363,491) (254,830) Gain (loss) on foreign currency transactions 2,546 (742,320) Miscellaneous income 346,736 63,705
Total Other Expense (1,645,075) (913,752)
INCOME (LOSS) BEFORE INCOME TAX EXPENSE (BENEFIT) (208,426) 2,709,871
INCOME TAX EXPENSE (BENEFIT) (418,109) 2,378,130
NET INCOME 209,683 331,741
NET INCOME (LOSS) ATTRIBUTABLE TO NONCONTROLLING INTEREST (237,252) 18,659
NET INCOME ATTRIBUTABLE TO THORNTON TOMASETTI, INC. 446,935$ 313,082$
THORNTON TOMASETTI, INC.
CONSOLIDATED STATEMENTS OF OPERATIONS
Years Ended December 31,
AND SUBSIDIARIES
See accompanying notes to consolidated financial statements.
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PNC2115981P1Broward County Board ofCounty Commissioners
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2016 2015
NET INCOME 209,683$ 331,741$
OTHER COMPREHENSIVE LOSS Change in unrealized loss from foreign currency translation (net of taxes in the amount of $0 and $63,000 in 2016 and 2015, respectively) (828,067) (312,359)
COMPREHENSIVE INCOME (LOSS) (618,384) 19,382
LESS: COMPREHENSIVE INCOME (LOSS) ATTRIBUTABLE TO NONCONTROLLING INTEREST (237,252) 6,260
COMPREHENSIVE INCOME (LOSS) ATTRIBUTABLE TO THORNTON TOMASETTI, INC. (381,132)$ 13,122$
THORNTON TOMASETTI, INC.
CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME (LOSS)
Years Ended December 31,
AND SUBSIDIARIES
See accompanying notes to consolidated financial statements.
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PNC2115981P1Broward County Board ofCounty Commissioners
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AccumulatedAdditional Other
Common Paid-in Retained Treasury Comprehensive NoncontrollingStock Capital Earnings Stock Loss Interest Total
BALANCE AT DECEMBER 31, 2014 (Restated) (FN 20) 4,803$ 38,025,001$ 19,893,012$ (33,653,272)$ (417,578)$ -$ 23,851,966$ Noncontrolling interest balance at September 10, 2015 - - - - - 567,837 567,837Net income - - 313,082 - - 18,659 331,741Distribution - - - - - (202,663) (202,663)Change in unrealized loss from foreign currency translation - - - - (299,960) (12,399) (312,359)Acquisition of WAI by reissuance of 49,914 shares of treasury stock - 10,044,608 - 5,977,786 - - 16,022,394Acquisition of Noncontrolling interest by reissuance of 1,200 shares of
treasury stock - 241,488 (13,766) 143,712 - (371,434) - Reissuance of 28,416 shares of treasury stock - 5,689,750 - 3,403,148 - - 9,092,898Acquisition of 18,892 shares of treasury stock - - - (5,979,192) - - (5,979,192)
BALANCE AT DECEMBER 31, 2015 4,803$ 54,000,847$ 20,192,328$ (30,107,818)$ (717,538)$ -$ 43,372,622$
Capital contributions by noncontrolling interests in VIE - - - - - 237,252 237,252Net income (loss) - - 446,935 - - (237,252) 209,683Change in unrealized loss from foreign currency translation - - - - (828,067) - (828,067)Reissuance of 33,311 shares of treasury stock - 6,741,224 - 4,551,205 - - 11,292,429Acquisition of 23,469 shares of treasury stock - - - (7,955,991) - - (7,955,991)
BALANCE AT DECEMBER 31, 2016 4,803$ 60,742,071$ 20,639,263$ (33,512,604)$ (1,545,605)$ -$ 46,327,928$
THORNTON TOMASETTI, INC.AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF CHANGES IN STOCKHOLDERS' EQUITY
YEARS ENDED DECEMBER 31, 2016 AND 2015
See accompanying notes to consolidated financial statements.- 6 -
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2016 2015CASH FLOWS FROM OPERATING ACTIVITIES
Net income 209,683$ 331,741$ Adjustments to reconcile net income to net
cash provided by (used in) operating activities: Gain on investment of joint venture (125,000) - Loss on disposition of assets 13,721 19,626 Depreciation and amortization 5,831,244 4,126,306 Deferred income taxes provision (1,688,246) 1,410,831 Change in cash surrender value of officers' life insurance 49,618 12,736 Bad debts 3,296,604 3,472,245 Change in:
Contracts receivable (6,869,259) (6,917,557) Prepaid expenses and other current assets (1,236,754) 567,507 Prepaid income taxes 699,116 (1,393,114) Security deposits 122,927 31,615 Due from employees 18,200 14,175 Assets of consolidated VIE (682,099) - Billings in excess of costs and estimated
earnings on uncompleted contracts 633,126 (1,858,649) Accounts payable and accrued expenses 50,057 (2,993,869) Income taxes payable (217,909) (303,214) Accrued compensation and fringe benefits (1,914,820) (1,924,314) Liabilities of consolidated VIE 290,748 - Other non-current liabilities - (307,313) Deferred rent liability 455,660 658,424
Net Cash Used in Operating Activities (1,063,383) (5,052,824)
CASH FLOWS FROM INVESTING ACTIVITIES Capital expenditures (3,427,079) (4,406,168) Note receivable (200,000) - Long term investment - (200,133) Due from stockholders 36,922 638,553
Net Cash Used in Investing Activities (3,590,157) (3,967,748)
CASH FLOWS FROM FINANCING ACTIVITIES Cash received from acquistion of WAI - 4,555,269
Proceeds of note payable to bank 41,500,000 69,816,965 Repayments of notes payable to bank (40,828,749) (71,540,216) Repayment of notes payable to former stockholders (1,631,898) (566,024) Repayment of distributions payable (1,520,421) - Principal payments under capital lease obligations (535,178) (762,596) Proceeds from issuance of treasury stock 11,292,429 9,092,898 Purchase of treasury stock (5,625,705) (4,944,042) Contributions from noncontrolling interest 237,252 - Distribution to noncontrolling interest stockholders - (202,663)
Net Cash Provided by Financing Activities 2,887,730 5,449,591
EFFECT OF EXCHANGE RATE CHANGES ON CASH (409,137) (220,271)
NET DECREASE IN CASH AND CASH EQUIVALENTS (2,174,947) (3,791,252)
CASH AND CASH EQUIVALENTS Beginning of year 4,634,275 8,425,527
End of year 2,459,328$ 4,634,275$
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF CASH FLOWS
Years Ended December 31 ,
See accompanying notes to consolidated financial statements.
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PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 79
2016 2015SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION:
Cash paid during the year for: Income taxes 524,581$ 2,240,405$ Interest expense 345,455$ 254,830$
SUPPLEMENTAL DISCLOSURES OF NON CASH INVESTING AND FINANCING ACTIVITIES:
In September 2015, the Company acquired WAI by issuing treasury stock: Cash received -$ 4,555,269$ Accounts receivable - 22,802,973 Prepaid expenses and other current assets - 1,258,610 Fixed assets - 4,113,203 Goodwill - 6,367,527 Intangible assets - 2,745,984 Security deposits - 220,108 Notes receivable from stockholders - 752,319 Investments - 207,353 Cash surrender value - 62,354 Due from employee - 38,856 Note payable to bank - (5,752,000) Capitalized lease obligation - (15,325) Distribution payable to stockholders - (1,520,422) Loans payable to stockholders - (1,510,998) Billing in excess of costs and estimated earnings on uncompleted contracts - (1,720,655) Accounts payable and accrued expenses - (6,040,216) Insurance financing payable - (282,313) Deferred income taxes - (5,857,934) Accrued compensation and fringe benefits - (3,834,462) Noncontrolling interest - (567,837) Total assets and liabilities acquired: - 16,022,394 Less: Cash - (4,555,269)
Treasury stock issued for the acquisition -$ 11,467,125$
In December 2015, the Company acquired 15% of noncontrolling interest by issuing treasury stock: -$ 385,200$
AND SUBSIDIARIESCONSOLIDATED STATEMENTS OF CASH FLOWS (Continued)
THORNTON TOMASETTI, INC.
Years Ended December, 31
During the year ended December 31, 2016, the Company wrote off computer hardware of $2,043 and leasehold improvements of $4,080. For the year ended December 31, 2015, the Company wrote off furniture and fixtures of $362,549 and leasehold improvements of $536,528.
During the years ended December 31, 2016 and 2015, the Company purchased treasury stock in the amount of $2,330,286 and $1,035,150, respectively by issuing notes payable.
During the year ended December 31, 2016 intangible assets with a carrying value of $911,362 were transferred by the Company to TTWiiN. For balance sheet purposes, this meant reclassifying intangible assets of $911,362 to assets of consolidated VIE.
During the year ended December 31, 2016, assets in the amount of $128,831 were reclassified from prepaid expenses to property and equipment.
During the year ended December 31, 2016, the final determination of the acquisition resulted in the recognition of $874,847 additional goodwill and deferred tax liability.
See accompanying notes to consolidated financial statements.
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PNC2115981P1Broward County Board ofCounty Commissioners
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THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
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1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Thornton Tomasetti, Inc. (the “Company”), its wholly owned subsidiaries, Weidlinger Associates, Inc. (WAI), Thornton Tomasetti Ltd. (“TT Ltd.”), Thornton Tomasetti Consulting (Shanghai) Co., Ltd. (“TTCSCL”), Thornton Tomasetti Consulting (Beijing) Co., Ltd. (“TTCBCL”), its ninety nine percent owned subsidiary Thornton Tomasetti Brasil Engenharia (Brazil), Ltda. (“TTBEL”), Thornton Tomasetti Consulting (India), Ltd. (“TTIN”), Thornton Tomasetti Consulting (Vietnam), Ltd. (“TTVN”), Thornton Tomasetti Defence Ltd. (“TTDL”) formerly known as Weidlinger Associates, Ltd and Thornton Tomasetti Canada, Inc. (“TTCA”), are engineering and architectural design firms servicing clients throughout the United States and several foreign countries. The Company has offices in New York, Illinois, Texas, New Jersey, California, Florida, Washington DC, Pennsylvania, Maine, Colorado, Missouri, Massachusetts, Connecticut, New Mexico, Washington, Hong Kong, China, Russia, United Arab Emirates, India, Canada, Vietnam, New Zealand, United Kingdom and Brazil.
The operations of TT Ltd., TTCSCL, TTCBCL, TTBEL, TTIN, TTVN, TTDL and TTCA began in November 2006, February 2007, December 2011, September 2012, January 2015, January 2015, September 9, 2015, and February 2016, respectively.
On September 9, 2015, WAI and its 85% ownership subsidiary, Weidlinger Associates, Ltd. merged into TT (see Note 2). On December 30, 2015, TT purchased the remaining 15% ownership from the noncontrolling interest party (see Note 15).
As more fully described in Note 3, on April 15, 2016 the Company acquired a preferred equity interest in newly formed entity TTWiiN, LLC (“TTWiiN”), which develops and operates technology related businesses. The Company has assessed TTWiiN to be a variable interest entity of which the Company is the primary beneficiary. Consequently the operations of TTWiiN are included in these consolidated financial statements.
Principles of Consolidation
All significant intercompany transactions and balances have been eliminated in consolidation.
Revenue and Cost of Revenues
Engineering and architectural design revenues are recognized on the percentage-of-completion method, measured by the percentage of technical salary costs incurred to date to estimated total technical salary costs for each contract. Claims by the Company for additional work relating to contracts are recognized as income when claims are approved. Revenues from time-basis contracts are recognized as costs are incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined.
Direct project costs include labor and other costs related to contract performance. Selling, general and administrative costs are charged to expense as incurred. Changes in job performance and estimated profitability may result in material revisions to costs and revenue in the next year.
The liability “Billings in excess of costs and estimated earnings on uncompleted contracts” represents amounts billed in excess of contract revenues recognized.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 81
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
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1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
The Company has certain contracts which are subjected to audit by various government agencies. In the opinion of management, any adjustments resulting from these audits will not have a material effect on the accompanying financial statements.
In accordance with normal industry practice, the Company includes in current assets and current liabilities amounts relating to contracts realizable and payable over a period in excess of one year. The length of the Company’s contracts vary and are typically under one year, however some contracts may extend up to a longer period.
Cash and Cash Equivalents
Cash equivalents are highly liquid short-term investments which are readily convertible to known amounts of cash and have original maturities within three months or less from their date of purchase.
Contracts Receivable and Allowance for Doubtful Accounts
Contracts receivable are based on amounts billed to customers. The Company provides an allowance for doubtful accounts for all receivables not expected to be collected. The Company generally does not require collateral. The Company evaluates the collectability of its accounts receivable based on a combination of factors. In circumstances when the Company is aware of a specific customer's inability to meet its financial obligations, the Company records a specific reserve for bad debts against amounts due. For all other instances, the Company recognizes reserves based on historical experience and review of the individual accounts.
Depreciation and Amortization
Property and equipment, including assets acquired under capital leases, are recorded at cost and depreciated using accelerated methods over the estimated useful lives of the related assets as described in Note 7. Leasehold improvements are amortized over the term of the lease using the straight-line method. Expenses for maintenance and repairs are charged against income as incurred and renewals or betterments are capitalized.
Goodwill
The Company made an accounting policy election to apply the accounting alternative for goodwill. Goodwill relating to the business combination in 2015 shall be amortized on a straight line basis over 10 years. Goodwill will be tested for impairment when a triggering event occurs that indicates the fair value may be below its carrying amount.
Intangible Assets
The Company’s intangible assets consist of customer lists, business expertise, name recognition and other proprietary rights are amortized over their estimated useful lives of fifteen years; intellectual property is amortized over its estimated useful life of five years; software was amortized over its estimated useful life of eight years; tradename is amortized over its estimated useful life of two years and the grandfathered professional engineering corp. has an indefinite life and is not placed in services as it is held for sale.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 82
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
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1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Income Taxes
The Company recognizes deferred tax assets and liabilities for temporary differences between amounts recorded for financial statement and tax purposes.
The Company follows FASB Accounting Standard Codification, (“ASC”) 740, Income Taxes, which provides standards for establishing and classifying any tax provisions for uncertain tax positions and recognizing any interest and penalties related to unrecognized tax benefits as income tax expense.
Foreign Currency Transactions and Translation
The functional currencies of the Company's foreign subsidiaries in United Kingdom, China, Brazil, India, Vietnam and Canada are operated in the local currencies. The financial statements of these foreign subsidiaries have been translated to the U.S. dollar. All balance sheet accounts have been translated using the exchange rates in effect at the balance sheet date. Income statement amounts have been translated using the average exchange rates for the year. Accumulated net translation adjustments have been reported separately in other comprehensive income (loss) in the consolidated financial statements. The financial statements of the Company's foreign locations in Hong Kong, Russia, Dubai, New Zealand, and Abu Dhabi are prepared using the U.S. dollar as the functional currency. As a result, the transactions of those operations that are denominated in foreign currencies are remeasured into U.S. dollars, and any resulting gains or losses are included in earnings.
Treasury Stock
Treasury stock is stated at cost.
Use of Estimates
The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America (“GAAP”) requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Actual results may differ from those estimates.
Reclassification
Certain 2015 amounts have been reclassified to conform to current year presentation.
2. BUSINESS COMBINATION
On September 9, 2015, the Company acquired the outstanding stock of Weidlinger Associates Inc. by issuing 49,914 shares of TT treasury stock valued at $16,022,394.
Weidlinger Associates Inc. is a consulting, engineering and technology firm. It provides applied mechanics consulting and structural engineering services primarily through contracts with commercial clients and governmental agencies, which includes the design and rehabilitation of buildings, bridges and infrastructure. It also provides specialized services in vulnerability assessment, risk analysis and blast engineering. It provides its services to customers throughout the United States and the European Union.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 83
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
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2. BUSINESS COMBINATION (continued)
The purchase price was allocated to the assets and liabilities acquired as follows:
Cash $ 4,555,269 Accounts receivable (a) 22,802,973 Prepaid expenses 1,258,610 Other assets 1,280,990 Property and equipment 4,113,203 Goodwill 6,367,527 Other intangible assets 2,745,984 Current liabilities (b) (20,144,031)Long-term liabilities (c) (6,390,294) Noncontrolling interest (567,837) Total purchase price $ 16,022,394
(a) Includes $2,993,930 unbilled. (b) Includes $465,673 payable to the former stockholders, $1,520,421 distribution payable to the
stockholders, and $1,676,691 billed not earned. (c) Includes $1,045,326 payable to the former stockholders.
The Company paid $6,367,527 for the excess of the identified WAI assets over the liabilities assumed because of the expected added value from WAI’s reputation in the industry, existing customer relationships, a skilled workforce in place and synergies expected to come from having a subsidiary that operates in a related but different line than the Company’s pre-existing operations.
The transaction was not treated as an asset purchase for United States income tax purposes. Goodwill recognized in the transaction is not deductible or amortizable for income tax purposes.
When the financial statements for the year ended December 31, 2015 were issued, the Company had not yet determined the income tax status of certain acquired assets and assumed liabilities. The final determination of this information resulted in the recording of an additional $874,847 of deferred tax liabilities along with an equal amount of additional goodwill. Pursuant to the Company’s adoption of FASB Accounting Standards Update Number 2015-16 Business Combinations (Topic 805) these amounts were recorded in 2016.
3. VARIABLE INTEREST ENTITY – TTWiiN, LLC
As stated in Note 1, in April 15, 2016 the Company, along with several of its shareholders who collectively owned a majority of the Company’s shares, formed TTWiiN whose purpose is to operate a business to develop and market certain technologies based on proprietary software that had been owned by the Company. The Company contributed proprietary software with a carrying value of $911,362 in exchange for Series A Preferred Units in TTWiiN. The Company shareholders paid $237,252 for the Common Units. Because the transfer of the proprietary software was between entities under common control, there was no adjustment of the carrying value to fair value.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 84
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
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3. VARIABLE INTEREST ENTITY – TTWiiN, LLC (continued)
Under the terms of TTWiiN’s LLC Agreement, the Company was given credit for a capital contribution of $1,825,000 and as the Series A Preferred Unit holder is entitled to all distributions until it has received the $1,825,000 deemed contribution plus a 3% per annum compounded preferred return. After that the Series A Preferred Units receive 5% of all distributions and the Common Units receive 95%.
Aside from the initial cash contribution by the Common Unit holders, the operations of TTWiiN have been funded by loans from the Company. Because TTWiiN could not fund its activities without subordinated financial support from the Company in the form of Preferred Units and loans substantially in excess of common equity from the Company and will continue to need further loans at least into 2017, management has judged TTWiiN to be what GAAP refers to as a variable interest entity. TTWiiN is governed by a Board of Managers on which the Company appoints one member. The other members of the Board of Managers elected by the Common Unit holders, who are all also Company shareholders. Although no one party is able to direct the activities that most significantly affect TTWiiN’s performance, as a group, the Common Unit holders and the Company do hold such power, and in this related party group the Company is the most closely associated with TTWiiN because of TTWiiN’s dependence on the Company for financing along with the Company having as much representation on the Board of Managers as any other party. As a result, the Company is judged to be the primary beneficiary of TTWiiN and GAAP requires that the Company’s financial statements include TTWiiN as a consolidated subsidiary.
The loans made by the Company to TTWiiN mature on October 31, 2018 and will accrue interest at the prime rate plus 2%. The loan balance, including accrued interest at December 31, 2016 was $1,825,533 but is eliminated in consolidation in these financial statements. The Company believes that TTWiiN’s business has significant potential and expects to continue funding its development. The Company’s creditors have no direct access to the assets of TTWiiN, only an indirect access through the Company’s ownership of the Series A Preferred Units and the loans receivable. TTWiiN assets, including TTWiiN’s cash, are consequently included in the consolidated balance sheets as separate non-current assets. Likewise, the creditors of TTWiiN have no access to the general credit of the Company and TTWiiN’s liabilities are depicted as a single line item on the Company’s consolidated balance sheet.
TTWiiN’s total loss for the year-ended December 31, 2016 was $1,673,417, of which $237,252 (Note 15) is allocable to the non-controlling interest and $1,436,165 to the Company.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 85
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
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3. VARIABLE INTEREST ENTITY – TTWiiN, LLC (continued)
The following are a summarized balance sheet of TTWiiN at December 31, 2016 and income statement for the year then ended:
Cash 627,679$ Intangible assets 911,362 Other non-current assets 54,420 Total assets 1,593,461$
Accounts payable 21,920 Deferred revenue 268,828 Total liabilites 290,748
Non-controlling interest (common units) - Thornton Tomasetti interest * 1,302,713 Total equity 1,302,713
Total liabilities and equity 1,593,461$
Revenue 705,153$
Direct project costs 788,522
Gross profit (loss) (83,369)
General and administrative 1,475,388 Research and development 114,660 Total operating expenses 1,590,048
Net loss (1,673,417)
Net loss attributable to non-controlling interest 237,252
Net loss atributable to Thornton Tomasetti (1,436,165)$
BALANCE SHEET
INCOME STATEMENT
* The Thornton Tomasetti interest consists of preferred units and an intercompany loan that is eliminated in consolidation.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 86
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
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4. CASH AND CASH EQUIVALENTS
Cash and cash equivalents that potentially subject the Company to a concentration risk include cash accounts with a bank that exceed the Federal Deposit Insurance Corporation (“FDIC”) insurance limits. Interest bearing and noninterest bearing United States accounts are insured up to $250,000 per depositor. At December 31, 2016 and 2015, approximately $1,411,000 and $3,337,000 of the Company’s cash balances were in excess of FDIC limits. These amounts were on deposit in one bank at December 31, 2016 and two banks at December 31, 2015.
At December 31, 2016 and 2015, the Company’s cash balances in overseas locations total approximately $2,643,000 and $3,531,000, respectively, and were not covered by any foreign government insurance that is similar to FDIC. No more than $757,000 and $1,162,000 of these amounts were on deposit in any one bank.
5. CONTRACTS RECEIVABLE, NET
Contracts receivable consists of the following:
2016 2015
Contracts billed 88,165,754$ 85,254,312$ Contracts unbilled 956,864 2,944,700Retainage receivable 2,141,791 2,004,923
91,264,409 90,203,935
Less : Allowance for doubtful accounts 6,136,038 7,937,439
85,128,371$ 82,266,496$
December 31,
6. COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS
2016 2015
Costs incurred on uncompleted contracts 79,758,602$ 68,874,733$ Estimated earnings 109,240,677 111,702,455
188,999,279 180,577,188
Less: Billings to date 200,066,528 191,010,453 Billings in excess of costs and estimatedearnings on uncompleted contracts (11,067,249)$ (10,433,265)$
December 31,
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 87
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
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7. PROPERTY AND EQUIPMENT
Major classes of property and equipment consist of the following:
2016 2015
Furniture, fixtures and equipment $29,254,762 $26,233,512 5-7Equipment under capital leases 632,927 632,927 5-7Leasehold improvements 14,421,795 13,909,217 Term of Lease
44,309,484 40,775,656
Less : Accumulated depreciation and amortization 30,676,774 25,925,714
$13,632,710 $14,849,942
December 31, Estimated Useful Life in Years
Depreciation and amortization expenses totaled $4,751,757 and $3,722,644 for the years ended December 31, 2016 and 2015, respectively. Equipment under capital leases have been fully depreciated for the years ended December 31, 2016 and 2015.
8. GOODWILL
Goodwill is as follows:
2016 2015
Goodwill 7,242,374$ 6,367,527$ Less: Accumulated amortization (921,463) (194,209)
6,320,911$ 6,173,318$
December 31,
Amortization expense for goodwill for the years ended December 31, 2016 and 2015 was $727,254 and $194,209, respectively. The amortization expense for the next five years will be $727,254 per year.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 88
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
- 17 -
9. INTANGIBLE ASSETS
Intangible assets consists of the following:
2016 2015 Grandfathered professional engineering corp:
Cost $ 1,231,483 $ 1,231,483 Accumulated amortization - -
Net $ 1,231,483 $ 1,231,483
Software: Cost $ - $ 1,012,000 Accumulated amortization - (51,443)
Net $ - $ 960,557
Intellectual property: Cost $ 253,500 $ 253,500 Accumulated amortization (97,500) (19,500)
Net $ 156,000 $ 234,000
Tradename: Cost $ 249,000 $ 249,000 Accumulated amortization (162,473) (37,972)
Net $ 86,527 $ 211,028
Customer lists, business expertise, etc.: Cost $ 1,508,081 $ 1,508,081 Accumulated amortization (523,249) (422,710)
Net $ 984,832 $ 1,085,371
Total:Cost $ 3,242,064 $ 4,254,064 Accumulated amortization (783,222) (531,625)
Net $ 2,458,842 $ 3,722,439
PNC2115981P1Broward County Board ofCounty Commissioners
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THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
- 18 -
9. INTANGIBLE ASSETS (Continued)
As stated in Note 3, in 2016 the Company contributed software with a carrying value of $911,362, consisting of $1,012,000 cost and $100,638 accumulated amortization, in exchange for an ownership interest in TTWiiN. The value of this intangible asset is shown on the consolidated balance sheet under the caption “Assets of consolidated VIE”.
Amortization expenses for intangible assets for the years ended December 31, 2016 and 2015 were $352,233 and $209,453, respectively.
The estimated annual amortization for the next five years is as follows:
Years Ending December 31, 2017 $ 265,000 2018 179,000 2019 101,000 2020 101,000 2021 101,000
10. NOTE PAYABLE TO BANK
In November 2015, the Company established an accounts receivable revolving credit agreement with two banks collateralized by substantially all of the Company’s assets. The maximum amount available of $40,000,000, which includes a $5,000,000 letter of credit sub facility, is based on a percentage of eligible accounts receivable. The maturity date of the agreement is October 31, 2018. Interest is due and payable at borrower’s choice of either the LIBOR rate plus 1.75% or the higher of the Prime rate minus .50% or the Federal Funds rate plus .50%. The revolving credit agreement requires the Company to meet certain financial covenants. At December 31, 2016, letters of credit of approximately $2,443,000 and borrowings against the line of credit of approximately $4,700,000 were outstanding. As of April 27, 2017, $18,377,613 was borrowed by the Company.
11. NOTES PAYABLE TO FORMER STOCKHOLDERS December 31, 2016 2015 Notes payable to former stockholders of TT for redemption of common stock due in various installments through October 2020, plus interest ranging from 3.25 to 3.5%. $ 2,882,881 $ 1,670,226
Notes payable to former stockholders of WAI for redemption of common stock. TT is required to make payments in 48 consecutive equal monthly installments through February 2021 or otherwise defined in the agreement. 836,269 1,350,536 3,719,150 3,020,762 Less : Current maturities 1,085,977 1,163,544 $ 2,633,173 $ 1,857,218
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 90
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
- 19 -
11. NOTES PAYABLE TO FORMER STOCKHOLDERS (Continued)
Scheduled maturities of long-term debt as of December 31 are as follows:
2017 1,085,977$2018 1,081,4052019 821,5562020 592,0292021 138,183
3,719,150$
12. INCOME TAXES
Effective January 1, 2009, the Company changed its accounting method for tax filing purposes from the accrual method to the cash receipts and disbursements method. As of December 31, 2016, the Company has a federal net operating loss of approximately $6,843,000 which is available as a carryforward to offset future taxable income, expiring in 2034 through 2036. The Company also had charitable contributions carryforwards totaling approximately $1,291,000 expiring 2017 through 2021, foreign tax credit carryforwards totaling approximately $1,427,000, research and development tax credits totaling approximately $2,766,000 and alternative minimum tax credit carryforwards totaling approximately $453,000. The Company has various state net operating loss carryforwards available to offset future taxable income which expire 2034 to 2036.
In 2016, the effective tax rate is negative because the benefits of research and development credits and changes in the estimates of effective state tax rates and allocation factors exceed the effects of expenses not deductible for income tax purposes. In 2015, the effective tax rate is higher than what would be obtained by application of the statutory rates to income before income tax primarily due to a change in the 2014 estimate as to how foreign tax credits generated in 2014 would be utilized.
The estimate of deferred tax assets at December 31, 2014 was based on the assumption that approximately $1,733,000 of foreign tax credits would be used in the future to reduce income tax expense dollar for dollar. Instead the foreign taxes were taken as a deduction on the Company’s tax return which resulted in a certain immediate cash benefit at the Company’s federal income tax rate rather than a probable but uncertain full benefit several years in the future. This change in estimate resulted in additional income tax expense of $1,127,000 in the year ended December 31, 2015. The effective rate in 2015 also exceeded the statutory rates because of certain expenses being non-deductible for income tax purposes.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 91
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
- 20 -
12. INCOME TAXES (continued)
The provision for income taxes (benefit) and deferred income taxes consist of the following components:
In 2016 and 2015, deferred taxes result from the recognition of temporary differences between financial reporting and income tax reporting for bad debts, depreciation, charitable contributions, unrealized foreign currency transactions, deferred rent, foreign tax credits, research and development tax credits, net operating loss carry forwards, and cash to accrual adjustments.
13. STOCKHOLDERS' EQUITY
In 2016 and 2015, the Company issued 33,311 and 79,530 shares of treasury stock for $11,292,429 and $25,500,492, respectively, and purchased 23,469 and 18,892 shares of treasury stock for $7,955,991 and $5,979,192.
December 31, 2016 2015 Current Federal $ 6,164 $ (146,555) State and local 112,403 113,353 Foreign 1,151,570 988,789 1,270,137 955,587
Deferred - current operations Federal $ (2,754,895) $ 1,499,730 State and local 1,060,803 (118,622) Foreign 5,846 41,435 (1,688,246) 1,422,543 $ (418,109) $ 2,378,130
The components of deferred income taxes consist of the following: December 31, 2016 2015
Deferred tax assets $ 36,918,852 $ 19,657,748
Deferred tax liabilities (43,912,354) (27,463,670)
$ (6,993,502) $ (7,805,922)
PNC2115981P1Broward County Board ofCounty Commissioners
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THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
- 21 -
14. FOREIGN CURRENCY TRANSACTIONS
Foreign currency net gain (loss) of $2,546 and $(742,320) for the years ended December 31, 2016 and 2015, respectively, resulted from the transactions of those operations in foreign locations that were denominated in foreign currencies and were remeasured into U.S. dollars. The loss on foreign currency transactions was presented on the consolidated statements of income and retained earnings.
15. NONCONTROLLING INTEREST
On December 30, 2015, the Company purchased the remaining 15% noncontrolling interest in Weidlinger Associates Ltd. from the noncontrolling interest party by issuing 1,200 shares of treasury stock for a total purchase price of $385,200. The net income attributable to the noncontrolling interest, for the period September 9, 2015 through December 30, 2015, is included on the income statement net of income taxes.
As discussed in Note 3 on April 15, 2016 the Company acquired a preferred equity investment in TTWiiN. Concurrently, investors, all of whom were shareholders and directors of the Company, acquired the common equity interest in TTWiiN for capital contributions netting $237,252. In consolidating TTWiiN the common equity interest recorded as a noncontrolling interest. The noncontrolling interest was allocated the first $237,252 of TTWiiN’s loss reducing the noncontrolling interest to zero at December 31, 2016.
16. RETIREMENT PLANS
The Company has a profit sharing plan and a cash or deferred arrangement ("CODA") qualified under IRS section 401(k) covering all eligible salaried employees. The Company has the option to make a profit sharing contribution each year based on maximum compensation to eligible employees. No contributions were made for the 2016 and 2015 plan years. Individuals who have attained the age of twenty-one and who have completed 1,000 hours of service during a twelve month period become eligible to participate in the CODA plan. Under this plan, for each dollar contributed by the individual, the Company will match the individual contribution with fifty cents up to a maximum of 3.5% of their annual compensation. TT Ltd. has a defined contribution profit sharing plan which provides for a matching contribution between 1% - 5% of an employee’s basic salary. The total combined expense under the Company’s CODA plan and the TT Ltd.’s profit sharing plan was $3,371,830 and $2,656,369 for the years ended December 31, 2016 and 2015, respectively.
17. COMMITMENTS
Purchase of Stock
The Company has agreements with all shareholders to purchase their stock over a period of years prior to their retirement. The purchase price is based on an independent valuation.
Leases
The Company is obligated under various operating leases for office space at various locations under leases that expire at various dates through January 2033. In additional to minimum annual rent, some of the leases provide for additional rent based on increases in real estate taxes and operating costs.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 93
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
- 22 -
17. COMMITMENTS (continued)
Future minimum lease payments under non-cancelable operating leases are as follows:
2017 $ 10,820,0002018 10,417,0002019 9,587,0002020 9,408,0002021 5,349,0002022 and thereafter 28,600,000
$ 74,181,000
Total rent expense including escalation charges and related taxes for the years ended December 31, 2016 and 2015 amounted to $13,141,243 and $10,323,749, respectively (net of a real estate tax abatement of approximately $49,000 and $35,000 for the year ended December 31, 2016 and 2015, respectively).
The Company subleased part of office spaces to non-affiliated lessees through February 2021, which generated rental income in the amount of $1,383,312 and $1,091,864, for the years ended December 31, 2016 and 2015, respectively. Future minimum annual rental income under the noncancellable operating leases are as follow:
2017 1,365,000$ 2018 1,160,0002019 830,000 2020 843,000 2021 70,000
4,268,000$
In June 2014, WAI entered into an equipment financing in the amount of $27,840. The lease term is thirty-six months with monthly payments of $784, including monthly interest at 0.92%. At December 31, 2015, the lease equipment had remaining payable balances of $12,470. The depreciation of leased equipment is included in depreciation expense. 2017 $ 3,136Less amount representing interest (9)Present value of minimum lease payments $ 3,127
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THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
- 23 -
17. COMMITMENTS (continued)
Sales - Leaseback
In January 2012, the Company entered into an equipment sale-leaseback agreement in the amount of $858,840. The lease term is thirty-six months with monthly payments of $25,003, including monthly interest at 3.25%. The last payment was made in February of 2015. In September 2013, the Company entered into two additional equipment sale-leaseback agreements in the amount of $2,110,502. The leases each have thirty-six month terms with total monthly payments of $61,739, including interest at 3.40%. The last payment was made in September 2016. The depreciation of leased equipment is included in depreciation expense.
18. POSTRETIREMENT BENEFITS
The Company was obligated under the prior stockholders’ agreement to provide certain former and current employees/shareholders and their dependents with postretirement medical benefits equivalent to those benefits received by active employees of the Company. The stockholders’ agreement was recently revised and does not include these benefits; however those that were previously granted these benefits will continue to be entitled to them and through a separate agreement new managing principals will also receive these benefits as well.
Generally accepted accounting principles require the Company to recognize as a liability an obligation to provide benefits that are attributed to service by the employee/shareholders provided to the Company through the balance sheet date. In management’s opinion, it is not practicable to reasonably estimate such a liability; accordingly no liability for this future benefit has been included in these financial statements. Management’s opinion is based partially on the uncertainties inherent in all postemployment health plans which include, among other matters; 1) the beginning date of each participant’s benefit is unknown, 2) the duration of each participant’s benefit is unknown and 3) the cost of future health plans is unknown. In the Company’s situation, the difficulty in making a reasonable estimate is compounded by the fact that the participants are not entitled to fixed benefits but rather are only entitled to those benefits that the Company grants to active employees.
The extent and nature of those future benefits are unknown because, among other reasons, 1) the Company offerings have changed over time and will likely continue to change over time and could be eliminated, 2) the full effect of the Patient Protection and Affordable Care Act is still uncertain and other changes may be enacted in the future, 3) changes to Medicare could occur and 4) the Company could adopt new insurance vehicles such as health saving accounts.
The Company’s policy is to recognize the expense when the obligations for specific health or insurance services are rendered to the recipient. Amounts due are paid from general Company funds. No amounts are specifically set aside or accumulated for the payment of future benefits. The Company recorded an expense for retiree health benefits of $483,322 and $194,625 in the years ended December 31, 2016 and 2015, respectively. These amounts are included in medical insurance in general and administration expenses on the income statement. The effect on the financial statements of not recording a liability for the obligation for future health benefits for employee/shareholders has not been determined.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 95
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
- 24 -
19. CONTINGENCIES AND GUARANTEES
The Company is involved in litigations in the ordinary course of business. Management is of the opinion that the Company is adequately insured in these additional matters and the resolution of any such litigation will not have a material effect on either operations or the financial position of the Company.
The Company is the guarantor of bank loans to various Shareholders. The loans totaled $7,995,726 and $5,405,032 at December 31, 2016 and 2015, respectively. The Shareholders’ stock in the Company collateralizes their bank loans and the Company’s guarantee. As of April 27, 2017, the outstanding balance was $7,522,553
20. PRIOR PERIOD ADJUSTMENT
Retained earnings at the beginning of 2015 have been adjusted to correct an error in the total of deferred tax assets as of the end of 2013. During 2016 the Company determined that foreign tax credits totaling $1,039,430 to which it believed it was entitled were not valid because the same foreign taxes that gave rise to the credits had been deducted on the Company’s 2013 corporate income tax return. Retained earnings as of the beginning of 2014, originally reported as $20,932,442, have been restated to $19,893,012. Total equity at that date, originally reported as $24,891,396, has been restated to $23,851,966.
The following sets forth the previously reported and restated amounts of selected items within the balance sheet as of December 31, 2015:
Selected Balance Sheet Data as of December 31, 2015: As Previously
Reported As Restated Deferred income taxes – noncurrent $ 6,954,035 $ 5,914,605 Total other assets 18,195,791 17,126,370 Total assets 126,356,887 125,317,457 Retained earnings 21,231,758 20,192,328 Total stockholders’ equity of Thornton Tomasetti, Inc. 44,412,052 43,372,622 Total equity 44,412,052 43,372,622 Total liabilities and stockholders’ equity 126,356,887 125,317,457
The prior period adjustment had no effect on the statements of operations or cash flows for the year ended December 31, 2015.
21. SUBSEQUENT EVENTS
Management has evaluated, for potential recognition and disclosure, events subsequent to the date of the consolidated balance sheet through April 27, 2017 the date the consolidated financial statements were available to be issued.
On January 6, 2017, the Company completed the acquisition of 100% of the outstanding share capital of Swallow Acoustic Consultants Ltd., a corporation organized and existing under the laws of Canada (“SACL”), pursuant to the terms of a Share Purchase Agreement dated December 15, 2016. The total purchase price of the acquisition is approximately $700,000, which consists of 500 shares of common stock of the Company (valued at $169,500), $377,500 in cash and two interest-free promissory notes in the amount of $76,500 each, due from the Company one year and two years from the closing date.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 96
THORNTON TOMASETTI, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
December 31, 2016
- 25 -
21. SUBSEQUENT EVENTS (Continued)
SACL is a specialist in acoustics, noise and vibration control engineering based in Mississauga, Ontario, Canada. The addition of Swallow will bolster the Company’s structural engineering and forensics practices as well as its Canadian presence. The transaction will be accounted for as a business combination. Due to the close proximity of the acquisition date and the Company’s issuance of its financial statements for the year ended December 31, 2016, the initial determination of the amounts recognized as of the acquisition date for each major class of assets acquired and liabilities assumed has not been performed. Such information will be included in the Company’s 2017 financial statements.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 97
Thornton Tomasetti, Inc. and Subsidiaries
Consolidated Financial Statements
December 31, 2017 and 2016
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Thornton Tomasetti, Inc. and Subsidiaries
Index
1
Page
Independent Auditor's Report 2
Consolidated Financial Statements
Consolidated Balance Sheets 4
Consolidated Statements of Income 6
Consolidated Statements of Comprehensive Income (Loss) 7
Consolidated Statements of Changes in Stockholders' Equity 8
Consolidated Statements of Cash Flows 9
Notes to Consolidated Financial Statements 11
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2
Independent Auditor's Report
To the Board of Directors Thornton Tomasetti, Inc.
We have audited the accompanying consolidated financial statements of Thornton Tomasetti, Inc. and Subsidiaries, which comprise the consolidated balance sheet as of December 31, 2017, and the related consolidated statements of income, comprehensive income (loss), changes in stockholders' equity and cash flows for the year then ended, and the related notes to the consolidated financial statements.
Management's Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
Auditor's Responsibility
Our responsibility is to express an opinion on these consolidated financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free of material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the consolidated financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the consolidated financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.
Basis for Qualified Opinion
As more fully described in Note 12 to the consolidated financial statements, the Company does not believe it is reasonably possible to determine and, consequently, has not determined and recorded a liability for certain postretirement benefits ("OPEB Accrual") in accordance with accounting principles generally accepted in the United States of America. The effects of this departure on the consolidated financial statements are not reasonably determinable.
PNC2115981P1Broward County Board ofCounty Commissioners
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3
Qualified Opinion
In our opinion, except for the effects on the lack of OPEB Accrual as described in the Basis for Qualified Opinion paragraph, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of Thornton Tomasetti, Inc. and Subsidiaries as of December 31, 2017, and the results of their operations and their cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Prior Period Financial Statements
The consolidated financial statements of Thornton Tomasetti, Inc. and Subsidiaries as of December 31, 2016, were audited by other auditors whose opinion dated April 27, 2017, on those statements was qualified because of the departure from generally accepted accounting principles described in the Basis for Qualified Opinion paragraph.
Eatontown, New Jersey May 3, 2018
PNC2115981P1Broward County Board ofCounty Commissioners
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Thornton Tomasetti, Inc. and Subsidiaries
Consolidated Balance Sheets December 31, 2017 and 2016
4
2017 2016
Current assetsCash and cash equivalents 11,123,705$ 2,459,328$ Contracts receivable, less allowance for doubtful accountsof $6,248,173 and $6,136,038 in 2017 and 2016, respectively 94,338,822 85,128,371 Notes receivable, current - 200,000 Due from employees 35,324 15,681 Prepaid expenses and other current assets 7,389,189 6,066,083 Prepaid income taxes 442,902 682,774
Total current assets 113,329,942 94,552,237
Equipment and improvements, net 13,143,289 13,632,710 Other assets - 682,099 Goodwill, net 5,794,649 6,320,911 Intangible assets, net 1,737,527 3,370,204 Due from stockholders 19,218 76,844 Security deposits 650,552 598,051 Long-term investments 608,849 442,865 Deferred income taxes 4,649,206 7,908,871
Total 139,933,232$ 127,584,792$
Assets
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Thornton Tomasetti, Inc. and Subsidiaries
Consolidated Balance Sheets December 31, 2017 and 2016
See Notes to Consolidated Financial Statements.
5
2017 2016
Current liabilitiesCurrent maturities of notes payable to former stockholders 2,053,991$ 1,085,977$ Capitalized lease obligations - 3,136 Note payable to bank - 4,700,000 Billings in excess of costs and estimated earnings on uncompleted contracts 18,217,828 11,067,249 Accounts payable and accrued expenses 19,151,758 13,278,015 Software deferred revenue 555,546 268,828 Income taxes payable 153,446 216,379 Deferred income taxes 6,922,263 14,902,373 Note payable to former stockholder 103,540 - Accrued compensation and fringe benefits 36,422,737 29,160,097
Total current liabilities 83,581,109 74,682,054
Other liabilities - 21,920 Deferred rent liability 4,035,601 3,919,717 Notes payable to former stockholders, less current maturities 2,518,111 2,633,173
Total liabilities 90,134,821 81,256,864
Commitments and contingencies
EquityThornton Tomasetti, Inc. and Subsidiaries equity
Common stock, $.01 par value; 500,000 shares authorized, 480,254 shares issued and 276,580 and 269,732 shares outstanding, respectively 4,803 4,803 Additional paid-in capital 64,462,400 60,742,071 Retained earnings 21,363,255 20,639,263 Accumulated other comprehensive loss, foreigncurrency translation (1,138,130) (1,545,605)
84,692,328 79,840,532
Less treasury stock at cost, 203,674 and 210,522 shares, respectively (34,893,917) (33,512,604)
Total Thornton Tomasetti, Inc. and Subsidiaries equity 49,798,411 46,327,928
Noncontrolling interest - -
Total equity 49,798,411 46,327,928
Total 139,933,232$ 127,584,792$
Liabilities and Equity
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Thornton Tomasetti, Inc. and Subsidiaries
Consolidated Statements of Income Years Ended December 31, 2017 and 2016
See Notes to Consolidated Financial Statements.
6
2017 2016
Engineering and architectural designing revenues 236,956,568$ 217,872,263$
Direct project costs 101,452,092 99,407,620
Gross profit 135,504,476 118,464,643
Operating expensesProfessional costs and engineering proposals 8,829,592 7,660,588 General and administrative 128,327,522 110,926,163 Research and development 1,658,172 114,660
Total 138,815,286 118,701,411
Loss from operations (3,310,810) (236,768)
Other income (expense)Interest and dividend income 306,255 42,551 Interest expense (533,394) (363,491) Gain (loss) on foreign currency transactions (206,471) 2,546 Gain on sale of Grandfather license 868,517 - Miscellaneous income 427,520 346,736
Total 862,427 28,342
Loss before income tax benefit (2,448,383) (208,426)
Benefit for income taxes (3,172,375) (418,109)
Net income 723,992 209,683
Loss attributable to noncontrolling interest - (237,252)
Income attributable to Thornton Tomasetti, Inc. 723,992$ 446,935$
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Thornton Tomasetti, Inc. and Subsidiaries
Consolidated Statements of Comprehensive Income (Loss) Years Ended December 31, 2017 and 2016
See Notes to Consolidated Financial Statements.
7
2017 2016
Net income 723,992$ 209,683$
Other comprehensive income (loss)Currency translation adjustment 407,475 (828,067)
Total other comprehensive income (loss) 1,131,467 (618,384)
Comprehensive loss attributable to noncontrolling interest - (237,252)
Comprehensive income (loss)attributable to Thornton Tomasetti, Inc. 1,131,467$ (381,132)$
PNC2115981P1Broward County Board ofCounty Commissioners
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Thornton Tomasetti, Inc. and Subsidiaries
Consolidated Statements of Changes in Stockholders' Equity Years Ended December 31, 2017 and 2016
See Notes to Consolidated Financial Statements.
8
AccumulatedAdditional other Total
paid-in Retained comprehensive Noncontrolling stockholders'Shares Amount capital earnings Shares Amount loss interest equity
Balance, January 1, 2016 259,890 4,803$ 54,000,847$ 20,192,328$ 220,369 (30,107,818)$ (717,538)$ -$ 43,372,622$
Capital contributions by noncontrolling interests in VIE - - - - - - - 237,252 237,252
Net income (loss) - - - 446,935 - - - (237,252) 209,683
Change in unrealized loss from foreign currency translation - - - - - - (828,067) - (828,067)
Reissuance of treasury stock 33,311 - 6,741,224 - (33,311) 4,551,205 - - 11,292,429
Acquisition of treasury stock (23,469) - - - 23,464 (7,955,991) - - (7,955,991)
Balance, December 31, 2016 269,732 4,803 60,742,071 20,639,263 210,522 (33,512,604) (1,545,605) - 46,327,928
Net income - - - 723,992 - - - - 723,992
Change in unrealized income from foreign currency translation - - - - - - 407,475 - 407,475
Reissuance of treasury stock 20,367 - 3,720,329 - (20,367) 3,242,185 - - 6,962,514
Acquisition of treasury stock (13,519) - - - 13,519 (4,623,498) - - (4,623,498)
Balance, December 31, 2017 276,580 4,803$ 64,462,400$ 21,363,255$ 203,674 (34,893,917)$ (1,138,130)$ -$ 49,798,411$
Treasury stockCommon stock
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Thornton Tomasetti, Inc. and Subsidiaries
Consolidated Statements of Cash Flows Years Ended December 31, 2017 and 2016
9
2017 2016
Cash flows from operating activitiesNet income 723,992$ 209,683$ Adjustments to reconcile net income to net cashprovided by (used in) operating activities
Gain on investment of joint venture - (125,000) (Gain) loss on disposition of assets (868,517) 13,721 Depreciation and amortization 5,996,249 5,831,244 Deferred income taxes provision (4,725,312) (1,688,246) Changes in cash surrender value of officers' life insurance - 49,618 Bad debts 2,684,979 3,296,604 Deferred rent liability 113,704 455,660 Changes in operating assets and liabilities
Contracts receivable (10,643,220) (6,869,259) Prepaid expenses and other current assets (1,241,523) (1,236,754) Prepaid income taxes 266,961 699,116 Security deposits (35,718) 122,927 Due from employees - 18,200 Other assets 627,679 (682,099) Billings in excess of costs and estimatedearnings on uncompleted contracts 7,073,810 633,126 Accounts payable and accrued expenses 5,660,778 50,057 Software deferred revenue 286,718 268,828 Income taxes payable (19,326) (217,909) Accrued compensation and fringe benefits 6,910,992 (1,914,820) Other liabilities - 21,920
Net cash provided by (used in) operating activities 12,812,246 (1,063,383)
Cash flows from investing activitiesCapital expenditures (4,439,265) (3,427,079) Acquisition of business (375,516) - Proceeds from sale of Grandfather license 2,100,000 - Repayment of notes receivable - (200,000) Advances to employees (19,852) - Long-term investment (165,983) - Repayment from stockholders 57,626 36,922
Net cash used in investing activities (2,842,990) (3,590,157)
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Thornton Tomasetti, Inc. and Subsidiaries
Consolidated Statements of Cash Flows Years Ended December 31, 2017 and 2016
See Notes to Consolidated Financial Statements.
10
2017 2016
Cash flows from financing activitiesProceeds from note payable to bank -$ 41,500,000$ Repayment of notes payable to bank (4,700,000) (40,828,749) Advances from former stockholders 1,093,644 - Repayment of notes payable to former stockholders (3,007,962) (1,631,898) Repayment of distributions payable - (1,520,421) Principal payments under capital lease obligations (3,136) (535,178) Proceeds from issuance of treasury stock 6,793,014 11,292,429 Purchase of treasury stock (1,856,228) (5,625,705) Contributions from noncontrolling interest - 237,252 Note payable to former stockholder (51,173) -
Net cash provided by (used in) financing activities (1,731,841) 2,887,730
Net increase (decrease) in cash and cash equivalents 8,237,415 (1,765,810)
Effect of exchange rate changes on cash 426,962 (409,137)
Cash and cash equivalents, beginning 2,459,328 4,634,275
Cash and cash equivalents, end 11,123,705$ 2,459,328$
Supplementary disclosure of cash flow informationInterest paid 533,394$ 345,455$
Income taxes paid 1,142,406$ 524,581$
Supplementary schedule of noncash investing and financing activities
Purchased treasury stock by issuing notes payable 2,767,270$ 2,330,286$
Write-off of equipment and improvements -$ 6,123$
Reclass from prepaid expenses toequipment and improvements -$ 128,831$
Acquisition of business with stock and notes payable 324,213$ -$
During the year ended December 31, 2016, the final determination of the acquisition resulted in the recognition of $874,847 of additional goodwill and deferred tax liability.
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Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
11
Note 1 - Nature of operations
Thornton Tomasetti, Inc. ("TT" or the "Company") and its wholly owned subsidiaries, Thornton Tomasetti Ltd. ("TT Ltd.") and its wholly owned subsidiary, Thornton Tomasetti A/S (Denmark) ("TTDM"), Thornton Tomasetti Consulting (Shanghai) Co., Ltd. ("TTCSCL"), Thornton Tomasetti Consulting (Beijing) Co., Ltd. ("TTCBCL"), Thornton Tomasetti Brasil Engenharia (Brazil), Ltda. ("TTBEL"), its 99% owned subsidiary Thornton Tomasetti Consulting (India), Ltd. ("TTIN"), Thornton Tomasetti Consulting (Vietnam), Ltd. ("TTVN"), Thornton Tomasetti Defence Ltd. ("TTDL"), Ltd., Thornton Tomasetti Canada, Inc. ("TTCA") and its wholly owned subsidiary Swallow Acoustic Consultants Ltd. ("SACL"), and The Thornton Tomasetti Group Limited (Hong Kong) ("TTGL"), are engineering and architectural design firms servicing clients throughout the United States and several foreign countries. The Company has offices in New York, Illinois, Texas, New Jersey, California, Florida, Washington DC, Pennsylvania, Maine, Colorado, Missouri, Massachusetts, Connecticut, New Mexico, Washington, Arizona, Ohio, China, Russia, United Arab Emirates, India, Canada, Vietnam, New Zealand, United Kingdom and Brazil.
The operations of TT Ltd., TTCSCL, TTCBCL, TTBEL, TTIN, TTVN, TTDL, TTCA, SACL, TTDM and TTGL began in November 2006, February 2007, December 2011, September 2012, November 2015, January 2015, September 9, 2015, February 2016, January 6, 2017, August 2017 and May 2002, respectively.
As more fully described in Note 4, on April 15, 2016 the Company acquired a preferred equity interest in a newly formed entity TTWiiN, LLC ("TTWiiN"), which develops and operates technology related businesses. The Company has assessed TTWiiN to be a variable interest entity of which the Company is the primary beneficiary. Consequently, the operations of TTWiiN are included in these consolidated financial statements.
As more fully described in Note 3, on January 6, 2017, the Company completed the acquisition of 100% of the outstanding share capital of Swallow Acoustic Consultants Ltd., a corporation organized and existing under the laws of Canada, pursuant to the terms of a Share Purchase Agreement dated December 15, 2016.
Note 2 - Summary of significant accounting policies
Principles of consolidation All significant intercompany transactions and balances have been eliminated in consolidation.
Use of estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America ("GAAP") requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates.
Operating cycle The length of the Company's contracts varies, and are typically under one year; however, some contracts may extend up to a longer period. Assets and liabilities relating to long-term contracts are included in current assets and current liabilities in the accompanying consolidated balance sheets as they will be liquidated in the normal course of contract completion.
Revenues and cost of revenues Engineering and architectural design revenues are recognized on the percentage-of-completion method, measured by the percentage of technical salary costs incurred to date to estimated total
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Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
12
technical salary costs for each contract. Claims by the Company for additional work relating to contracts are recognized as income when claims are approved. Revenues from time-basis contracts are recognized as costs are incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined.
Direct project costs include labor and other costs related to contract performance. Selling, general and administrative costs are charged to expense as incurred. Changes in job performance and estimated profitability may result in material revisions to costs and revenue in the next year.
The asset "Costs in excess of billings and estimated earnings on uncompleted contracts" represents costs incurred in excess of billings and contract revenues recognized. The liability "Billings in excess of costs and estimated earnings on uncompleted contracts" represents amounts billed in excess of contract revenues recognized. In accordance with normal industry practice, the Company includes in current assets and current liabilities amounts relating to contracts realizable and payable over a period in excess of one year.
The Company has certain contracts which are subjected to audit by various government agencies. In the opinion of management, any adjustments resulting from these audits will not have a material effect on the accompanying consolidated financial statements.
Cash and cash equivalents The Company considers all cash accounts, which are not subject to withdrawal restrictions or penalties, and all highly liquid debt instruments purchased with a maturity of three months or less to be cash and cash equivalents.
Contracts receivable Contracts receivable are based on amounts billed to customers. The Company provides an allowance for doubtful accounts for all receivables not expected to be collected. The Company generally does not require collateral. The Company evaluates the collectability of its accounts receivable based on a combination of factors. In circumstances when the Company is aware of a specific customer's inability to meet its financial obligations, the Company records a specific reserve for bad debts against amounts due. For all other instances, the Company recognizes reserves based on historical experience and review of the individual accounts.
Equipment and improvements Equipment and improvements, including assets acquired under capital leases, are recorded at cost and depreciated using accelerated methods over the estimated useful lives of the related assets as described in Note 7. Leasehold improvements are amortized over the term of the lease using the straight-line method. Expenses for maintenance and repairs are charged against income as incurred and renewals or betterments are capitalized.
Goodwill The Company made an accounting policy election to apply the accounting alternative for goodwill. Goodwill is amortized on a straight-line basis over ten years. Goodwill will be tested for impairment when a triggering event occurs that indicates the fair value may be below its carrying amount.
Intangible assets The Company's intangible assets consist of customer lists, business expertise, name recognition and other proprietary rights that are amortized over their estimated useful lives of fifteen years; intellectual property is amortized over its estimated useful life of five years; tradename was
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Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
13
amortized over its estimated useful life of two years; and the grandfathered professional engineering corporation which had an indefinite life and was sold during 2017.
Impairment of long-lived assets The Company reviews its long-lived assets for impairment whenever events or changes in circumstances indicate that the carrying amount of an asset may not be recoverable. In performing a review for impairment, the Company compares the carrying value of the assets with their estimated future undiscounted cash flows. If it is determined that an impairment has occurred, the loss would be recognized during that period. The impairment loss is calculated as the difference between the asset carrying values and the present value of estimated net cash flows or comparable market values, giving consideration to recent operating performance and pricing trends. As a result of its review, the Company does not believe that any material impairment currently exists related to its long-lived assets.
Fair value of financial instruments The carrying amounts reflected in the consolidated balance sheets for cash and cash equivalents, contracts receivable and payables approximate fair value at December 31, 2017 and 2016 due to the short maturity of these instruments. Based on the interest rates available to the Company, the carrying values of the line of credit borrowings and long-term debt are a reasonable estimation of fair value.
Income taxes The Company accounts for income taxes pursuant to the asset and liability method which requires deferred tax assets and liabilities be computed annually for differences between the financial statement and tax bases of assets and liabilities that will result in taxable or deductible amounts in the future based on enacted tax laws and rates applicable to the periods in which the differences are expected to affect taxable income. Valuation allowances are established when necessary to reduce deferred tax assets to the amount expected to be realized. Income tax expense is the tax payable or refundable for the period plus or minus the change during the period in deferred tax assets and liabilities.
The Company has no unrecognized tax benefits at December 31, 2017 and 2016. The Company's U.S. Federal and state income tax returns prior to 2014 are closed and management continually evaluates expiring statutes of limitations, audits, proposed settlements, changes in tax law and new authoritative rulings.
If necessary, the Company recognizes interest and penalties associated with tax matters as part of the income tax provision and includes accrued interest and penalties with the related tax liability in the consolidated balance sheets.
Foreign currency transaction and translation The functional currencies of the Company's foreign subsidiaries in United Kingdom, China, Brazil, India, Vietnam, New Zealand and Canada are operated in the local currencies. The financial statements of these foreign subsidiaries have been translated to the U.S. dollar. All balance sheet accounts have been translated using the exchange rates in effect at the balance sheet date. Income statement amounts have been translated using the average exchange rates for the year. Accumulated net translation adjustments have been reported separately in other comprehensive income (loss) in the consolidated financial statements. The financial statements of the Company's foreign locations in China (Hong Kong), Russia, New Zealand, and United Arab Emirates are prepared using the U.S. dollar as the functional currency. As a result, the transactions of those
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Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
14
operations that are denominated in foreign currencies are remeasured into U.S. dollars, and any resulting gains or losses are included in earnings.
Treasury stock Treasury stock is stated at cost.
Reclassifications Amounts related to variable interest entity (see Note 4) in the 2016 consolidated financial statements have been reclassified to conform with the 2017 presentation.
As previously reported Adjustments As reclassified
Total current liabilities 74,413,226$ 268,828$ 74,682,054$
Engineering and architectural designing revenues 217,167,110$ 705,153$ 217,872,263$
Gross profit 118,548,012$ (83,369)$ 118,464,643$
Operating expenses 117,111,363$ 1,590,048$ 118,701,411$
Income (loss) from operations 1,436,649$ (1,673,417)$ (236,768)$
Other income (expense) (1,645,075)$ 1,673,417$ 28,342$
Net income 209,683$ -$ 209,683$
Subsequent events The Company has evaluated subsequent events through May 3, 2018, the date the consolidated financial statements were available to be issued.
Note 3 - Business combination
On January 6, 2017, the Company completed the acquisition of 100% of the outstanding share capital of Swallow Acoustic Consultants Ltd., a corporation organized and existing under the laws of Canada, pursuant to the terms of a Share Purchase Agreement dated December 15, 2016. The total purchase price of the acquisition is approximately $720,000, which consists primarily of 500 shares of common stock of the Company (valued at $169,500), $377,500 in cash and two interest-free promissory notes in the amount of $76,500 each, due from the Company one year and two years from the closing date. As of December 31, 2017, one of the two promissory notes in the amount of $76,500 was paid.
The purchase price was allocated to the assets and liabilities acquired approximately as follow:
Working capital 509,000$ Goodwill 223,000 Other (12,000)
Total 720,000$
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Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
15
Note 4 - Variable interest entity - TTWiiN, LLC
As stated in Note 1, on April 15, 2016 the Company, along with several of its stockholders who collectively owned a majority of the Company's shares, formed TTWiiN whose purpose is to operate a business to develop and market certain technologies based on proprietary software that had been owned by the Company. The Company contributed proprietary software with a carrying value of $911,362 in exchange for Series A Preferred Units in TTWiiN. The Company stockholders paid $237,252 for the Common Units. Because the transfer of the proprietary software was between entities under common control, there was no adjustment of the carrying value to fair value.
Under the terms of TTWiiN's LLC Agreement, the Company was given credit for a capital contribution of $1,825,000 and as the Series A Preferred Unit holder is entitled to all distributions until it has received the $1,825,000 deemed contribution plus a 3% per annum compounded preferred return. Thereafter, the Series A Preferred Units receive 5% of all distributions and the Common Units receive 95%.
Management has judged TTWiiN to be what GAAP refers to as a variable interest entity. TTWiiN is governed by a Board of Managers on which the Company appoints one member. The other members of the Board of Managers elected by the Common Unit holders, who are all also Company shareholders. Although no one party is able to direct the activities that most significantly affect TTWiiN's performance, as a group, the Common Unit holders and the Company do hold such power, and in this related party group the Company is the most closely associated with TTWiiN because of TTWiiN's dependence on the Company for financing along with the Company having as much representation on the Board of Managers as any other party. As a result, the Company is judged to be the primary beneficiary of TTWiiN and GAAP requires that the Company's consolidated financial statements include TTWiiN as a consolidated subsidiary.
The loans made by the Company to TTWiiN mature on October 31, 2018 and will accrue interest at the prime rate plus 2%. The loan balance, including accrued interest at December 31, 2017 and 2016 was $7,833,402 and $1,825,533, respectively, but is eliminated in consolidation in these consolidated financial statements. The Company believes that TTWiiN's business has significant potential and expects to continue funding its development. The Company's creditors have no direct access to the assets of TTWiiN, only an indirect access through the Company's ownership of the Series A Preferred Units and the loans receivable.
TTWiiN's net loss for the years ended December 31, 2017 and 2016 was $5,557,194 and $1,673,417 of which $-0- and $237,252 (see Note 15) is allocable to the noncontrolling interest and $5,557,194 and $1,436,165 to the Company, respectively.
The following tables summarize the carrying amounts of the assets and liabilities of TTWiiN included in the accompanying consolidated balance sheets at December 31, 2017 and 2016:
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Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
16
2017 2016
Cash 1,411,609$ 627,679$ Contracts receivable 361,267 - Prepaid expenses and other current assets 19,770 - Equipment and improvements, net 41,304 - Other non-current assets - 54,420 Intangible assets 775,236 911,362
Total assets 2,609,186$ 1,593,461$
Accounts payable and accrued expenses 261,683$ 21,920$ Deferred revenue 555,546 268,828 Accrued compensation and fringe benefits 19,432 -
Total liabilities 836,661 290,748
Noncontrolling interest (common units) - - Thornton Tomasetti interest* 1,772,525 1,302,713
Total equity 1,772,525 1,302,713
Total liabilities and equity 2,609,186$ 1,593,461$
Revenue 1,023,285$ 705,153$
Direct project costs 909,070 788,522
Gross profit (loss) 114,215 (83,369)
Professional costs and engineering proposals 1,642,074 - General and administrative 2,066,603 1,475,388 Research and development 1,658,172 114,660
Total operating expenses 5,366,849 1,590,048
Loss from operations (5,252,634) (1,673,417)
Other expenseInterest expense (276,026) - Loss on foreign currency transactions (28,534) -
Total (304,560) -
Net loss (5,557,194) (1,673,417)
Net income attributable to noncontrolling interest - 237,252
Net loss attributable to Thornton Tomasetti, Inc. (5,557,194)$ (1,436,165)$
* The Thornton Tomasetti interest consists of preferred units and an intercompany loan that have been eliminated in consolidation.
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Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
17
Note 5 - Contracts receivable
Contracts receivable consist of the following at December 31, 2017 and 2016:
2017 2016
Contracts billed 95,722,564$ 88,165,754$ Contracts unbilled 2,388,355 956,864 Retainage 2,476,076 2,141,791
100,586,995 91,264,409 Less allowance for doubtful accounts (6,248,173) (6,136,038)
Total 94,338,822$ 85,128,371$
At December 31, 2017, retainage receivable includes approximately $1,434,000 that is not expected to be collected within one year.
Note 6 - Costs and estimated earnings on uncompleted contracts
Costs and estimated earnings on uncompleted contracts consist of the following at December 31, 2017 and 2016:
2017 2016
Costs incurred on uncompleted contracts 86,942,671$ 79,758,602$ Estimated earnings 119,943,812 109,240,677
206,886,483 188,999,279 Less billings to date (225,104,311) (200,066,528)
Total (18,217,828)$ (11,067,249)$
The above amounts are included in the accompanying consolidated balance sheets under the following captions at December 31, 2017 and 2016:
2017 2016
Billings in excess of costs and estimated earnings on uncompleted contracts (18,217,828)$ (11,067,249)$
Total (18,217,828)$ (11,067,249)$
Management believes it has established adequate procedures for estimating costs to complete on open contracts, it is at least reasonably possible that additional significant costs could occur on contracts prior to completion.
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Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
18
Note 7 - Equipment and improvements
Major classes of equipment and improvements at December 31, 2017 and 2016 were as follows:
Useful life 2017 2016
Furniture, fixtures and equipment 5 - 7 34,369,784$ 29,254,762$ Equipment under capital leases 5 - 7 632,927 632,927 Leasehold improvements Terms of leases 15,542,175 14,421,795
50,544,886 44,309,484 Less accumulated depreciation and amortization (37,401,597) (30,676,774)
Total 13,143,289$ 13,632,710$
Depreciation and amortization expenses totaled $4,845,798 and $4,751,757 for the years ended December 31, 2017 and 2016, respectively. Equipment under capital leases have been fully depreciated for the years ended December 31, 2017 and 2016.
Note 8 - Goodwill
Goodwill is as follows:
2017 2016
Goodwill 7,465,696$ 7,242,374$ Less accumulated amortization (1,671,047) (921,463)
Total 5,794,649$ 6,320,911$
Amortization expense for goodwill for the years ended December 31, 2017 and 2016 was $749,584 and $747,254, respectively. Amortization expense for the next five years will be $746,570 per year.
See Note 3 for additional goodwill incurred in connection with a business acquisition in 2017.
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Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
19
Note 9 - Intangible assets
Intangible assets consist of the following:
2017 2016Grandfathered professional engineering corporation
Cost -$ 1,231,483$ Accumulated amortization - -
Total -$ 1,231,483$
Intellectual propertyCost 253,500$ 253,500$ Accumulated amortization (175,500) (97,500)
Total 78,000$ 156,000$
TradenameCost 249,000$ 249,000$ Accumulated amortization (249,000) (162,473)
Total -$ 86,527$
Customer lists, business expertise, etc.Cost 1,508,081$ 1,508,081$ Accumulated amortization (623,790) (523,249)
Total 884,291$ 984,832$
SoftwareCost 911,362$ 911,362$ Accumulated amortization (136,126) -
Total 775,236$ 911,362$
TotalCost 2,921,943$ 4,153,426$ Accumulated amortization (1,184,416) (783,222)
Total 1,737,527$ 3,370,204$
As stated in Note 4, in 2016 the Company contributed software with a carrying value of $911,362, consisting of $1,012,000 cost and $100,638 accumulated amortization, in exchange for an ownership interest in TTWiiN.
Amortization expenses for intangible assets for the years ended December 31, 2017 and 2016 were $401,194 and $352,233, respectively. Amortization expense for the next five years will be $178,583 for 2018 and $100,539 per year from 2019 through 2022.
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Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
20
Note 10 - Lines of credit
In November 2015, the Company established an accounts receivable revolving credit agreement with two banks collateralized by substantially all of the Company's assets. The maximum amount available of $40,000,000, which includes a $5,000,000 letter of credit sub facility, is based on a percentage of eligible accounts receivable. The maturity date of the agreement is October 31, 2018. Interest is due and payable at borrower's choice of either the LIBOR rate plus 1.75% or the higher of the Prime rate minus .50% or the Federal Funds rate plus .50%. The revolving credit agreement requires the Company to meet certain financial covenants. At December 31, 2017, outstanding letters of credit amount to approximately $2,545,000 and there were no borrowings against the line of credit. As of April 26, 2018, $17,500,000 was borrowed by the Company.
Note 11 - Notes payable to former stockholders
2017 2016
Notes payable to former stockholders of TT (andformer shareholders of a company acquired in 2015)for redemption of common stock due in variousinstallments through December 2021, plus interestranging from 3.25% to 4.5%. 4,572,102$ 3,719,150$
Less current portion 2,053,991 1,085,977
Long-term debt 2,518,111$ 2,633,173$
Principal payment requirements due on the above obligations in each of the years subsequent to December 31, 2017 are as follows:
2018 2,053,991$ 2019 1,157,245 2020 849,801 2021 511,065
4,572,102$
Note 12 - Retirement plans
401(k)/profit-sharing plan The Company has a profit sharing plan and a cash or deferred arrangement ("CODA") qualified under IRS Section 401(k) covering all eligible salaried employees. The Company has the option to make a profit sharing contribution each year based on maximum compensation to eligible employees. No contributions were made for the 2017 and 2016 plan years. Individuals who have attained the age of 21 becomes eligible to participate in the CODA plan. Under this plan, for each dollar contributed by the individual, the Company will match the individual contribution with fifty cents up to a maximum of 3.5% of their annual compensation. TT Ltd., TT, TTDL, TTCA and SACL have a defined contribution profit sharing plan which provides for a matching contribution between 1% - 5% of an employee's base salary. The total combined expense under the Company's CODA plan and the profit sharing plan was $3,663,708 and $3,371,830 for the years ended December 31, 2017 and 2016, respectively.
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Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
21
Postretirement benefits The Company was obligated under the prior stockholders' agreement to provide certain former and current employees/shareholders and their dependents with postretirement medical benefits equivalent to those benefits received by active employees of the Company. The stockholders' agreement was revised and does not include these benefits; however, those that were previously granted these benefits will continue to be entitled to them.
GAAP requires the Company to recognize as a liability an obligation to provide benefits that are attributed to service by the employee/shareholders provided to the Company through the balance sheet date. In management's opinion, it is not practicable to reasonably estimate such a liability; accordingly, no liability for this future benefit has been included in these consolidated financial statements. Management’s opinion is based partially on the uncertainties inherent in all postemployment health plans which include, among other matters; 1) the beginning date of each participant’s benefit is unknown, 2) the duration of each participant’s benefit is unknown and 3) the cost of future health plans is unknown. In the Company’s situation, the difficulty in making a reasonable estimate is compounded by the fact that the participants are not entitled to fixed benefits but rather are only entitled to those benefits that the Company grants to active employees.
The extent and nature of those future benefits are unknown because, among other reasons, 1) the Company offerings have changed over time and will likely continue to change over time and could be eliminated, 2) the full effect of the Patient Protection and Affordable Care Act is still uncertain and other changes may be enacted in the future, 3) changes to Medicare could occur and 4) the Company could adopt new insurance vehicles such as health saving accounts.
The Company's policy is to recognize the expense when the obligations for specific health or insurance services are rendered to the recipient. Amounts due are paid from general Company funds. No amounts are specifically set aside or accumulated for the payment of future benefits. The Company recorded an expense for retiree health benefits of $556,588 and $483,322 in the years ended December 31, 2017 and 2016, respectively. These amounts are included in medical insurance in general and administrative expenses on the consolidated statement of income. The effect on the consolidated financial statements of not recording a liability for the obligation for future health benefits for employee/shareholders has not been determined.
Note 13 - Income taxes
Effective January 1, 2009, the Company changed its accounting method for tax filing purposes from the accrual method to the cash receipts and disbursements method. The Company also had charitable contributions carryforwards totaling approximately $1,410,000 expiring in 2018 through 2021, foreign tax credit carryforwards totaling approximately $1,862,000, and research and development tax credits totaling approximately $3,282,000. The Company has various state net operating loss carryforwards available to offset future taxable income which expire 2034 through 2036.
In 2017, the amount of tax benefit differs from the amount of benefit that would result from applying the statutory rates to pre-tax income (loss) primarily due to temporary differences between the basis of accounting used in filing the Company's tax return (cash basis method) and the basis of accounting used in the preparation of these consolidated financial statements (accrual method) and certain nondeductible expenses and research and development credits. In 2016, the effective tax rate is negative because the benefits of research and development credits and changes in the estimates of effective state tax rates and allocation factors exceed the effects of expenses not deductible for income tax purposes.
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Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
22
On December 22, 2017, the Tax Cuts and Jobs Act (the "Tax Act") was signed and became effective. The Tax Act, among other things, lowered the U.S. corporate income tax rate from 34% to 21% effective January 1, 2018. The impact of the change in the rate amounted to an approximate net reduction of $2,986,000 in deferred tax assets and liabilities as of December 31, 2017.
The Company's deferred tax assets and liabilities at December 31, 2017 and 2016 consist of the following:
2017 2016
Deferred tax assets 27,204,466$ 36,918,852$ Deferred tax asset valuation allowance (1,861,707) - Deferred tax liabilities (27,615,816) (43,912,354)
Deferred tax liabilities, net (2,273,057)$ (6,993,502)$
During the year ended December 31, 2017, the valuation allowance on the deferred tax asset increased by $1,861,707, which is related to foreign tax credit carryforwards. The increase was the result of determining that it is more likely than not that foreign tax credit carryforwards will not be utilized prior to expiration.
The components of the benefit for income taxes for years ended December 31, 2017 and 2016 are as follows:
2017 2016Current
Federal 306,000$ 6,164$ State and local 355,984 112,403 Foreign 890,914 1,151,570
1,552,898 1,270,137
Deferred - current operationsFederal (4,384,706) (2,754,895) State and local (329,587) 1,060,803 Foreign (10,980) 5,846
(4,725,273) (1,688,246)
(3,172,375)$ (418,109)$
In 2017 and 2016, deferred taxes result from the recognition of temporary differences between financial reporting and income tax reporting for bad debts, depreciation, charitable contributions, unrealized foreign currency transactions, deferred rent, foreign tax credits, research and development tax credits, net operating loss carryforwards, and cash to accrual adjustments.
Note 14 - Stockholders' equity
In 2017 and 2016, the Company issued 20,367 and 31,311 shares of treasury stock for $6,962,514 and $11,292,429, respectively, and purchased 13,519 and 23,464 shares of treasury stock for $4,623,498 and $7,955,991, respectively.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 120
Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
23
Note 15 - Noncontrolling interest
As discussed in Note 4, on April 15, 2016 the Company acquired a preferred equity investment in TTWiiN. Concurrently, investors, all of whom were stockholders and directors of the Company, acquired the common equity interest in TTWiiN for capital contributions netting $237,252. In consolidating TTWiiN the common equity interest was recorded as a noncontrolling interest. The noncontrolling interest was allocated the first $237,252 of TTWiiN's loss reducing the noncontrolling interest to zero at December 31, 2017 and 2016.
Aside from the initial cash contribution by the Common Unit holders, the operations of TTWiiN have been funded by loans from the Company. TTWiiN could not fund its activities without subordinated financial support from the Company in the form of Preferred Units and loans substantially in excess of common equity from the Company and will continue to need further loans at least into 2018.
Note 16 - Commitments and contingencies
Purchase of stock The Company has agreements with stockholders to purchase their stock over a period of years prior to retirement. The purchase price is based on an independent valuation.
Lease commitments The Company is obligated under various operating leases for office space at various locations under leases that expire at various dates through January 2033. In addition to minimum annual rent, some of the leases provide for additional rent based on increases in real estate taxes and operating costs. Future minimum lease payments in each of the five years subsequent to December 31, 2017 and thereafter are as follows:
2018 11,193,000$ 2019 11,084,000 2020 10,871,000 2021 6,879,000 2022 5,799,000 Thereafter 25,690,000
Total 71,516,000$
Total rent expense including escalation charges and related taxes for the years ended December 31, 2017 and 2016 amounted to $13,638,853 and $13,141,243, respectively, net of real estate tax abatement of approximately $92,000 and $49,000 for the years ended December 31, 2017 and 2016, respectively.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 121
Thornton Tomasetti, Inc. and Subsidiaries
Notes to Consolidated Financial Statements December 31, 2017 and 2016
24
The Company subleased part of their office spaces to nonaffiliated lessees through February 2021, which generated rental income in the amount of $1,498,163 and $1,383,312 for the years ended December 31, 2017 and 2016, respectively. Future minimum annual rental income under the noncancellable operating leases are as follow:
2018 1,160,000$ 2019 830,000 2020 843,000 2021 70,000
Total 2,903,000$
Sales-leaseback In September 2013, the Company entered into two equipment sale-leaseback agreements in the amount of $2,110,502. The leases each have 36-month terms with total monthly payments of $61,739, including interest at 3.40%. The last payment was made in September 2016. The depreciation of leased equipment is included in depreciation expense.
Litigation The Company is subject to various claims and legal proceeding covering a wide range of matters that arise in the ordinary course of its business activities. Management believes that any liability that may ultimately result from the resolution of these matters will not have a material effect on the consolidated financial condition or results of operations of the Company.
Guarantees The Company is the guarantor of bank loans to various stockholders. The loans totaled $7,279,582 and $7,995,726 at December 31, 2017 and 2016, respectively. The stockholders' stock in the Company collateralizes their bank loans and the Company's guarantee. As of April 20, 2018, the outstanding balance was $5,972,630.
Note 17 - Concentration risks
Credit risk Financial instruments that potentially subject the Company to concentrations of credit risk consist primarily of cash and cash equivalents and contracts receivable.
The Company maintains cash and cash equivalent balances in several financial institutions. Accounts at each institution are insured by the Federal Deposit Insurance Corporation. From time-to-time, the Company's balances may exceed these limits. At December 31, 2017, the Company's uninsured bank balances totaled approximately $7,142,000. The Company limits its credit risk by selecting financial institutions considered to be highly credit-worthy.
At December 31, 2017 and 2016, the Company's cash balances in overseas locations total approximately $3,743,000 and $2,643,000, respectively, and were not covered by any foreign government insurance that is similar to FDIC. No more than $847,000 and $757,000 of these amounts were on deposit in any one bank.
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 122
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 123
5
6
Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 124
5
6
Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 125
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Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 126
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Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 127
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Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 128
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6
Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 129
5
6
Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 130
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Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 131
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Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 132
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Standard Instructions to Vendors
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendors are instructed to read and follow the instructions carefully, as any misinterpretation or failure to comply with instructions may lead to a Vendor ’s submittal being rejected.
Vendor MUST submit its solicitation response electronically and MUST confirm its submittal
in order for the County to receive a valid response through BidSync. Refer to the
Purchasing Division website or contact BidSync for submittal instructions.
A. Responsiveness Criteria:
In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsive Bidder [Vendor] means a person who has submitted a proposal which conforms in all material respects to a solicitation. The solicitation submittal of a responsive Vendor must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening.
Failure to provide the information required below at the time of submittal opening may result in a recommendation Vendor is non-responsive by the Director of Purchasing. The Selection or Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
Below are standard responsiveness criteria; refer to Special Instructions to Vendors , for
Additional Responsiveness Criteria requirement(s).
1. Lobbyist Registration Requirement CertificationRefer to Lobbyist Registration Requirement Certification . The completed form should be
submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
2. Addenda The County reserves the right to amend this solicitation prior to the due date. Any change(s) to this solicitation will be conveyed through the written addenda process. Only written addenda will be binding. If a “must” addendum is issued, Vendor must follow instructions and submit required information, forms, or acknowledge addendum, as instructed therein. It is the responsibility of all potential Vendors to monitor the solicitation for any changing information, prior to submitting their response.
B. Responsibility Criteria:
Definition of a Responsible Vendor: In accordance with Section 21.8.b.64 of the Broward County Procurement Code, a Responsible Vendor means a Vendor who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance.
The Selection or Evaluation Committee will recommend to the awarding authority a determination of a Vendor ’s responsibility. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award.
Failure to provide any of this required information and in the manner required may result in a recommendation by the Director of Purchasing that the Vendor is non-responsive.
Below are standard responsibility criteria; refer to Special Instructions to Vendors, for Additional
Responsibility Criteria requirement(s).
1. Litigation History
a. All Vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization. A case is considered to be "material" if it relates, in whole or in part, to any of the following:
i. A similar type of work that the vendor is seeking to perform for the County under the current solicitation;
ii. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation;
iii. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract;
iv. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or
v. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants.
b. For each material case, the Vendor is required to provide all information identified on the Litigation History Form .
c. The County will consider a Vendor's litigation history information in its review and determination of responsibility.
d. If the Vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture.
e. A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the Vendor's subcontractors/subconsultants proposed to work on this project.
f. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the Vendor being deemed non-responsive.
2. Financial Information
a. All Vendors are required to provide the Vendor's financial statements at the time of submittal in order to demonstrate the Vendor's financial capabilities.
b. Each Vendor shall submit its most recent two years of financial statements for review. The financial statements are not required to be audited financial statements. The annual financial statements will be in the form of:
i. Balance sheets, income statements and annual reports; or ii. Tax returns; or iii. SEC filings.
If tax returns are submitted, ensure it does not include any personal information (as defined under Florida Statutes Section 501.171, Florida Statutes), such as social security numbers, bank account or credit card numbers, or any personal pin numbers. If any personal information data is part of financial statements, redact information prior to submitting a response the County.
c. If a Vendor has been in business for less than the number of years of required financial statements, then the Vendor must disclose all years that the Vendor has been in business, including any partial year-to-date financial statements.
d. The County may consider the unavailability of the most recent year ’s financial statements and whether the Vendor acted in good faith in disclosing the financial documents in its evaluation.
e. Any claim of confidentiality on financial statements should be asserted at the time of submittal. Refer to Standard Instructions to Vendors , Confidential Material/ Public
Records and Exemptions for instructions on submitting confidential financial statements. The Vendor ’s failure to provide the information as instructed may lead to the information becoming public.
f. Although the review of a Vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements (Confidential Material/ Public Records and Exemptions section) may result in a recommendation of non-responsiveness by the Director of Purchasing.
3. Authority to Conduct Business in Florida
a. A Vendor must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact the Florida Department of State, Division of Corporations.
b. The County will review the Vendor ’s business status based on the information provided in response to this solicitation.
c. It is the Vendor ’s responsibility to comply with all state and local business requirements.
d. Vendor should list its active Florida Department of State Division of Corporations Document Number (or Registration No. for fictitious names) in the Vendor Questionnaire, Question
No. 10.
e. If a Vendor is an out-of-state or foreign corporation or partnership, the Vendor must obtain the authority to transact business in the State of Florida or show evidence of application for the authority to transact business in the State of Florida, upon request of the County.
f. A Vendor that is not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non-responsible.
g. If successful in obtaining a contract award under this solicitation, the Vendor must remain in good standing throughout the contractual period of performance.
4. Affiliated Entities of the Principal(s)
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County. The Vendor is required to provide all information required on the Affiliated Entities of the Principal(s) Certification Form .
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
5. Insurance Requirements
The Insurance Requirement Form reflects the insurance requirements deemed necessary for
this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the Vendor currently carries the insurance or to submit a letter from the carrier indicating it can provide insurance coverages.
C. Additional Information and CertificationsThe following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
1. Vendor Questionnaire Vendor is required to submit detailed information on their firm. Refer to the Vendor
Questionnaire and submit as instructed.
2. Standard Certifications Vendor is required to certify to the below requirements. Refer to the Standard Certifications and submit as instructed.
a. Cone of Silence Requirement Certification b. Drug-Free Workplace Certificationc. Non-Collusion Certificationd. Public Entities Crimes Certificatione. Scrutinized Companies List Certification
3. Subcontractors/Subconsultants/Suppliers Requirement The Vendor shall submit a listing of all subcontractors, subconsultants, and major material suppliers, if any, and the portion of the contract they will perform. Vendors must follow the instructions included on the Subcontractors/Subconsultants/Suppliers Information Formand submit as instructed.
D. Standard Agreement Language Requirements
1. The acceptance of or any exceptions taken to the terms and conditions of the County ’s Agreement shall be considered a part of a Vendor ’s submittal and will be considered by the Selection or Evaluation Committee.
2. The applicable Agreement terms and conditions for this solicitation are indicated in the Special
Instructions to Vendors.
3. Vendors are required to review the applicable terms and conditions and submit the Agreement
Exception Form. If the Agreement Exception Form is not provided with the submittal, it shall
be deemed an affirmation by the Vendor that it accepts the Agreement terms and conditions as disclosed in the solicitation.
4. If exceptions are taken, the Vendor must specifically identify each term and condition with which it is taking an exception. Any exception not specifically listed is deemed waived. Simply identifying a section or article number is not sufficient to state an exception. Provide either a redlined version of the specific change(s) or specific proposed alternative language. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
5. Submission of any exceptions to the Agreement does not denote acceptance by the County. Furthermore, taking exceptions to the County ’s terms and conditions may be viewed unfavorably by the Selection or Evaluation Committee and ultimately may impact the overall evaluation of a Vendor ’s submittal.
E. Evaluation Criteria
1. The Selection or Evaluation Committee will evaluate Vendors as per the Evaluation Criteria. The County reserves the right to obtain additional information from a Vendor.
2. Vendor has a continuing obligation to inform the County in writing of any material changes to the information it has previously submitted. The County reserves the right to request additional information from Vendor at any time.
3. For Request for Proposals, the following shall apply:
a. The Director of Purchasing may recommend to the Evaluation Committee to short list the most qualified firms prior to the Final Evaluation.
b. The Evaluation Criteria identifies points available; a total of 100 points is available.
c. If the Evaluation Criteria includes a request for pricing, the total points awarded for price is determined by applying the following formula:
(Lowest Proposed Price/Vendor ’s Price) x (Maximum Number of Points for Price) = Price Score
d. After completion of scoring, the County may negotiate pricing as in its best interest.
4. For Requests for Letters of Interest or Request for Qualifications, the following shall apply:
a. The Selection or Evaluation Committee will create a short list of the most qualified firms.
b. The Selection or Evaluation Committee will either:
i. Rank shortlisted firms; or ii. If the solicitation is part of a two-step procurement, shortlisted firms will be requested to
submit a response to the Step Two procurement.
F. Demonstrations
If applicable, as indicated in Special Instructions to Vendors , Vendors will be required to
demonstrate the nature of their offered solution. After receipt of submittals, all Vendors will receive a description of, and arrangements for, the desired demonstration. A copy of the demonstration (hard copy, DVD, CD, flash drive or a combination of both) should be given to the Purchasing Agent at the demonstration meeting to retain in the Purchasing files.
G. Presentations
Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) will have an opportunity to make an oral presentation to the Selection or Evaluation Committee on the Vendor ’s approach to this project and the Vendor ’s ability to perform. The committee may provide a list of subject matter for the discussion. All Vendor’s will have equal time to present but the question-and-answer time may vary.
H. Public Art and Design Program
If indicated in Special Instructions to Vendors, Public Art and Design Program, Section 1-88,
Broward County Code of Ordinances, applies to this project. It is the intent of the County to functionally integrate art, when applicable, into capital projects and integrate artists ’ design concepts into this improvement project. The Vendor may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. For additional information, contact the Broward County Cultural Division.
I. Committee Appointment
The Cone of Silence shall be in effect for County staff at the time of the Selection or Evaluation Committee appointment and for County Commissioners and Commission staff at the time of the Shortlist Meeting of the Selection Committee or the Initial Evaluation Meeting of the Evaluation Committee. The committee members appointed for this solicitation are available on the Purchasing Division ’s website under Committee Appointment.
J. Committee Questions, Request for Clarifications, Additional Information
At any committee meeting, the Selection or Evaluation Committee members may ask questions, request clarification, or require additional information of any Vendor ’s submittal or proposal. It is highly recommended Vendors attend to answer any committee questions (if requested), including a Vendor representative that has the authority to bind.
Vendor ’s answers may impact evaluation (and scoring, if applicable). Upon written request to the Purchasing Agent prior to the meeting, a conference call number will be made available for Vendor participation via teleconference. Only Vendors that are found to be both responsive and responsible to the requirements of the solicitation and/or shortlisted (if applicable) are requested to participate in a final (or presentation) Selection or Evaluation committee meeting.
K. Vendor Questions
The County provides a specified time for Vendors to ask questions and seek clarification regarding solicitation requirements. All questions or clarification inquiries must be submitted through BidSync by the date and time referenced in the solicitation document (including any addenda). The County will respond to questions via Bid Sync.
L. Confidential Material/ Public Records and Exemptions
1. Broward County is a public agency subject to Chapter 119, Florida Statutes. Upon receipt, all submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Submittals may be posted on the County ’s public website or included in a public records request response, unless there is a declaration of “confidentiality ” pursuant to the public records law and in accordance with the procedures in this section.
2. Any confidential material(s) the Vendor asserts is exempt from public disclosure under Florida Statutes must be labeled as “Confidential”, and marked with the specific statute and subsection asserting exemption from Public Records.
3. To submit confidential material, three hardcopies must be submitted in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
4. Material will not be treated as confidential if the Vendor does not cite the applicable Florida Statute(s) allowing the document to be treated as confidential.
5. Any materials that the Vendor claims to be confidential and exempt from public records must be marked and separated from the submittal. If the Vendor does not comply with these instructions, the Vendor ’s claim for confidentiality will be deemed as waived.
6. Submitting confidential material may impact full discussion of your submittal by the Selection or Evaluation Committee because the Committee will be unable to discuss the details contained in the documents cloaked as confidential at the publicly noticed Committee meeting.
M. Copyrighted Materials
Copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Submission of copyrighted material in response to any solicitation will constitute a license and permission for the County to make copies (including electronic copies) as reasonably necessary for the use by County staff and agents, as well as to make the materials available for inspection or production pursuant to Public Records Law, Chapter 119, Florida Statutes.
N. State and Local Preferences
If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the Local Preference Ordinance and Broward County Procurement Code will not be applied in the procurement process.
O. Local Preference
Except where otherwise prohibited by federal or state law or other funding source restrictions, a local Vendor whose submittal is within 5% of the highest total ranked Vendor outside of the preference area will become the Vendor with whom the County will proceed with negotiations for a final contract. Refer to Local Vendor Certification Form (Preference and Tiebreaker) for further
information.
P. Tiebreaker Criteria
In accordance with Section 21.31.d of the Broward County Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the Vendor's response to the solicitation. In order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the Vendor ’s submittal.
1. Local Vendor Certification Form (Preference and Tiebreaker); 2. Domestic Partnership Act Certification (Requirement and Tiebreaker);3. Tiebreaker Criteria Form: Volume of Work Over Five Years
Q. Posting of Solicitation Results and Recommendations
The Broward County Purchasing Division's website is the location for the County's posting of all solicitations and contract award results. It is the obligation of each Vendor to monitor the website in order to obtain complete and timely information.
R. Review and Evaluation of Responses
A Selection or Evaluation Committee is responsible for recommending the most qualified Vendor(s). The process for this procurement may proceed in the following manner:
1. The Purchasing Division delivers the solicitation submittals to agency staff for summarization for the committee members. Agency staff prepares a report, including a matrix of responses submitted by the Vendors. This may include a technical review, if applicable.
2. Staff identifies any incomplete responses. The Director of Purchasing reviews the information and makes a recommendation to the Selection or Evaluation Committee as to each Vendor ’s responsiveness to the requirements of the solicitation. The final determination of responsiveness rests solely on the decision of the committee.
3. At any time prior to award, the awarding authority may find that a Vendor is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized Vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the Vendor has breached or failed to perform a contract, claims history of the Vendor, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of a Vendor.
S. Vendor Protest
Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a Vendor intends to protest a solicitation or proposed award of a contract and state in part the following:
1. Any protest concerning the solicitation or other solicitation specifications or requirements must be made and received by the County within seven business days from the posting of the solicitation or addendum on the Purchasing Division ’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements.
2. Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the RLI or RFP opening, shall be submitted in writing and received by the Director of Purchasing within five business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
3. Any actual or prospective Vendor who has a substantial interest in and is aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award for Invitation to Bids or the final recommendation of ranking for Request for Letters of Interest and Request for Proposals on the Purchasing Division's website.
4. For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a proposed contract award shall be a waiver of the Vendor's right to protest.
5. Protests arising from the decisions and votes of a Selection or Evaluation Committee shall be limited to protests based upon the alleged deviations from established committee procedures set forth in the Broward County Procurement Code and existing written guidelines. Any allegations of misconduct or misrepresentation on the part of a competing Vendor shall not be considered a protest.
6. As a condition of initiating any protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below.
Estimated Contract Amount Filing Fee$30,000 - $250,000 $ 500$250,001 - $500,000 $1,000$500,001 - $5 million $3,000Over $5 million $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County ’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier ’s check, payable to Broward County Board of Commissioners.
T. Right of Appeal
Pursuant to Section 21.83.d of the Broward County Procurement Code, any Vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Selection or Evaluation Committee ’s determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Broward County Procurement Code.
1. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Selection or Evaluation Committee to be deemed timely.
2. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a Vendor having standing to protest and must comply with all other requirements of this section.
3. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
U. Rejection of Responses
The Selection or Evaluation Committee may recommend rejecting all submittals as in the best interests of the County. The rejection shall be made by the Director of Purchasing, except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
V. Negotiations
The County intends to conduct the first negotiation meeting no later than two weeks after approval of the final ranking as recommended by the Selection or Evaluation Committee. At least one of the representatives for the Vendor participating in negotiations with the County must be authorized to bind the Vendor. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the Vendor) an impasse will be declared and negotiations with the first-ranked Vendor will cease. Negotiations will begin with the next ranked Vendor, etc. until such time that all requirements of Broward County Procurement Code have been met.
W. Submittal Instructions:
1. Broward County does not require any personal information (as defined under Section 501.171, Florida Statutes), such as social security numbers, driver license numbers, passport, military ID, bank account or credit card numbers, or any personal pin numbers, in order to submit a response for ANY Broward County solicitation. DO NOT INCLUDE any personal information data in any document submitted to the County. If any personal information data is part of a submittal, this information must be redacted prior to submitting a response to the County.
2. Vendor MUST submit its solicitation response electronically and MUST confirm its
submittal in order for the County to receive a valid response through BidSync. It is
the Vendor ’s sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation.
3. The County will not consider solicitation responses received by other means. Vendors are encouraged to submit their responses in advance of the due date and time specified in the solicitation document. In the event that the Vendor is having difficulty submitting the solicitation document through Bid Sync, immediately notify the Purchasing Agent and then contact BidSync for technical assistance.
4. Vendor must view, submit, and/or accept each of the documents in BidSync. Web-fillable forms can be filled out and submitted through BidSync.
5. After all documents are viewed, submitted, and/or accepted in BidSync, the Vendor must upload additional information requested by the solicitation (i.e. Evaluation Criteria and Financials Statements) in the Item Response Form in BidSync, under line one (regardless if pricing requested).
6. Vendor should upload responses to Evaluation Criteria in Microsoft Word or Excel format.
7. If the Vendor is declaring any material confidential and exempt from Public Records, refer to Confidential Material/ Public Records and Exemptions for instructions on submitting confidential material.
8. After all files are uploaded, Vendor must submit and CONFIRM its offer (by entering
password) for offer to be received through BidSync.
9. If a solicitation requires an original Proposal Bond (per Special Instructions to Vendors), Vendor must submit in a sealed envelope, labeled with the solicitation number, title, date and the time of solicitation opening to:
Broward County Purchasing Division115 South Andrews Avenue, Room 212Fort Lauderdale, FL 33301
A copy of the Proposal Bond should also be uploaded into Bid Sync; this does not replace the requirement to have an original proposal bond. Vendors must submit the original Proposal Bond, by the solicitation due date and time.
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
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AFFILIATED ENTITIES OF THE PRINCIPAL(S) CERTIFICATION FORM
The completed form should be submitted with the solicitation response but must be submitted within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
a. All Vendors are required to disclose the names and addresses of “affiliated entities” of the Vendor ’s principal(s) over the last five (5) years (from the solicitation opening deadline) that have acted as a prime Vendor with the County.
b. The County will review all affiliated entities of the Vendor ’s principal(s) for contract performance evaluations and the compliance history with the County ’s Small Business Program, including CBE, DBE and SBE goal attainment requirements. “Affiliated entities” of the principal(s) are those entities related to the Vendor by the sharing of stock or other means of control, including but not limited to a subsidiary, parent or sibling entity.
c. The County will consider the contract performance evaluations and the compliance history of the affiliated entities of the Vendor's principals in its review and determination of responsibility.
The Vendor hereby certifies that: (select one)
No principal of the proposing Vendor has prior affiliations that meet the criteria defined as “Affiliated entities ”
Principal(s) listed below have prior affiliations that meet the criteria defined as “Affiliated entities ”
Principal ’s Name:
Names of Affiliated Entities:
Principal ’s Name:
Names of Affiliated Entities:
Principal ’s Name:
Names of Affiliated Entities:
Authorized Signature Name: Derek Wassink
Title: Vice President
Vendor Name: Thornton Tomasetti
Date: 6/15/18
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
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AGREEMENT EXCEPTION FORM
The completed form(s) should be returned with the Vendor ’s submittal. If not provided with submittal, it shall be deemed an affirmation by the Vendor that it accepts the terms and conditions of the County ’s Agreement as disclosed in the solicitation.
The Vendor must either provide specific proposed alternative language on the form below. Additionally, a brief justification specifically addressing each provision to which an exception is taken should be provided.
Vendor Name:
Supplier: Thornton Tomasetti
There are no exceptions to the terms and conditions of the County Agreement as referenced in the solicitation; or
The following exceptions are disclosed below: (use additional forms as needed; separate each Article/ Section number)
Term or
Condition
Article / Section
Insert version of exception or
specific proposed alternative
language
Provide brief justification for
change
PNC2115981P1Broward County Board ofCounty Commissioners
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DOMESTIC PARTNERSHIP ACT CERTIFICATION FORM (REQUIREMENT AND TIEBREAKER)
Refer to Special Instructions to identify if Domestic Partnership Act is a requirement of the solicitation or acts
only as a tiebreaker. If Domestic Partnership is a requirement of the solicitation, the completed and signed form
should be returned with the Vendor ’s submittal. If the form is not provided with submittal, the Vendor must
submit within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully
comply within stated timeframes. To qualify for the Domestic Partnership tiebreaker criterion, the Vendor must
currently offer the Domestic Partnership benefit and the completed and signed form must be returned at time of
solicitation submittal.
The Domestic Partnership Act, Section 16 ½ -157, Broward County Code of Ordinances, requires all Vendors
contracting with the County, in an amount over $100,000 provide benefits to Domestic Partners of its employees,
on the same basis as it provides benefits to employees ’ spouses, with certain exceptions as provided by the
Ordinance.
For all submittals over $100,000.00, the Vendor, by virtue of the signature below, certifies that it is aware of the
requirements of Broward County ’s Domestic Partnership Act, Section 16-½ -157, Broward County Code of
Ordinances; and certifies the following: (check only one below).
Supplier: Thornton Tomasetti
1. The Vendor currently complies with the requirements of the County ’s Domestic Partnership Act
and provides benefits to Domestic Partners of its employees on the same basis as it provides
benefits to employees ’ spouses
2. The Vendor will comply with the requirements of the County ’s Domestic Partnership Act at time of
contract award and provide benefits to Domestic Partners of its employees on the same basis as
it provides benefits to employees ’ spouses.
3. The Vendor will not comply with the requirements of the County ’s Domestic Partnership Act at
time of award.
4. The Vendor does not need to comply with the requirements of the County ’s Domestic Partnership
Act at time of award because the following exception(s) applies: (check only one below).
The Vendor is a governmental entity, not-for-profit corporation, or charitable organization.
The Vendor is a religious organization, association, society, or non -profit charitable or
educational institution.
The Vendor provides an employee the cash equivalent of benefits. (Attach an affidavit in
compliance with the Act stating the efforts taken to provide such benefits and the amount of
the cash equivalent).
The Vendor cannot comply with the provisions of the Domestic Partnership Act because it
would violate the laws, rules or regulations of federal or state law or would violate or be
inconsistent with the terms or conditions of a grant or contract with the United States or State
of Florida. Indicate the law, statute or regulation (State the law, statute or regulation and
attach explanation of its applicability).
Derek Wassink Vice President Thornton Tomasetti 6/15/18
Authorized Signature/Name Title Vendor Name Date
PNC2115981P1Broward County Board ofCounty Commissioners
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Supplier: Thornton Tomasetti
LITIGATION HISTORY FORM
The completed form(s) should be returned with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
There are no material cases for this Vendor; or
Material Case(s) are disclosed below:
Is this for a: (check type)
Parent, Subsidiary, or
Predecessor Firm?
If Yes, name of Parent/Subsidiary/Predecessor:
Or No
PartyCase Number, Name,
and Date FiledName of Court or other tribunal
Type of Case Bankruptcy Civil Criminal Administrative/Regulatory
Claim or Cause of Action and Brief description of
each CountBrief description of the
Subject Matter and Project Involved
Disposition of Case
(Attach copy of any applicable Judgment,
Settlement Agreement and Satisfaction of Judgment.)
Pending Settled Dismissed
Judgment Vendor ’s Favor Judgment Against Vendor
If Judgment Against, is Judgment Satisfied? Yes No
Opposing Counsel Name: Email: Telephone Number:
Vendor Name:
PNC2115981P1Broward County Board ofCounty Commissioners
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LOBBYIST REGISTRATION REQUIREMENT CERTIFICATION FORM
The completed form should be submitted with the solicitation response but must be submitted within three business
days of County ’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.
The Vendor certifies that it understands if it has retained a lobbyist(s) to lobby in connection with a competitive
solicitation, it shall be deemed non-responsive unless the firm, in responding to the competitive solicitation, certifies
that each lobbyist retained has timely filed the registration or amended registration required under Broward County
Lobbyist Registration Act, Section 1-262, Broward County Code of Ordinances; and it understands that if, after awarding
a contract in connection with the solicitation, the County learns that the certification was erroneous, and upon
investigation determines that the error was willful or intentional on the part of the Vendor, the County may, on that basis,
exercise any contractual right to terminate the contract for convenience.
The Vendor hereby certifies that: (select one)
It has not retained a lobbyist(s) to lobby in connection with this competitive solicitation; however, if retained after
the solicitation, the County will be notified.
It has retained a lobbyist(s) to lobby in connection with this competitive solicitation and certified that each lobbyist
retained has timely filed the registration or amended registration required under Broward County Lobbyist
Registration Act, Section 1-262, Broward County Code of Ordinances.
It is a requirement of this solicitation that the names of any and all lobbyists retained to lobby in connection
with this solicitation be listed below:
Name of Lobbyist:
Lobbyist ’s Firm:
Phone:
E-mail:
Name of Lobbyist:
Lobbyist ’s Firm:
Phone:
E-mail:
Authorized Signature/Name: Derek Wassink Date: 6/15/18
Title: Vice President
Vendor Name: Thornton Tomasetti
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
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RFP-RFQ-RLI LOCATION ATTESTATION FORM (EVALUATION CRITERIA)
The completed and signed form and supporting information (if applicable, for Joint Ventures) should be returned with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit this form and supporting information may affect the Vendor ’s evaluation. Provided information is subject to verification by the County.
A Vendor ’s principal place of business location (also known as the nerve center) within Broward County is considered in accordance with Evaluation Criteria. The County ’s definition of a principal place of business is:
1. As defined by the Broward County Local Preference Ordinance, “Principal place of business means the nerve center or center of overall direction, control and coordination of the activities of the bidder [Vendor]. If the bidder has only one (1) business location, such business location shall be considered its principal place of business.”
2. A principal place of business refers to the place where a corporation's officers direct, control, and coordinate the corporation's day-to-day activities. It is the corporation's ‘nerve center ’ and in practice it should normally be the place where the corporation maintains its headquarters; provided that the headquarters is the actual center of direction, control, and coordination, i.e., the ‘nerve center ’, and not simply an office where the corporation holds its board meetings (for example, attended by directors and officers who have traveled there for the occasion).
The Vendor ’s principal place of business in Broward County shall be the Vendor ’s “Principal Address” as indicated with the Florida Department of State Division of Corporations, for at least six months prior to the solicitation ’s due date.
Check one of the following:
The Vendor certifies that it has a principal place of business location (also known as the nerve
center) within Broward County, as documented in Florida Department of State Division of Corporations (Sunbiz), and attests to the following statements:
1. Vendor ’s address listed in its submittal is its principal place of business as defined by Broward County;
2. Vendor ’s “Principal Address” listed with the Florida Department of State Division of Corporations is the same as the address listed in its submittal and the address was listed for at least six months prior to the solicitation ’s opening date. A copy of Florida Department of State Division of Corporations (Sunbiz) is attached as verification.
3. Vendor must be located at the listed “nerve center” address (“Principal Address”) for at least six (6) months prior to the solicitation ’s opening date;
4. Vendor has not merged with another firm within the last six months that is not headquartered in Broward County and is not a wholly owned subsidiary or a holding company of another firm that is not headquartered in Broward County;
5. If awarded a contract, it is the intent of the Vendor to remain at the referenced address for the duration of the contract term, including any renewals, extensions or any approved interim contracts for the services provided under this contract; and
6. The Vendor understands that if after contract award, the County learns that the attestation was erroneous, and upon investigation determines that the error was willful or intentional on the part of the Vendor, the County may, on that basis exercise any contractual right to terminate the contract. Further any misleading, inaccurate, false information or documentation submitted by any party affiliated with this procurement may lead to suspension and/or debarment from doing business with Broward County as outlined in the Procurement Code, Section 21.119.
If the Vendor is submitting a response as a Joint Venture, the following information is required to be submitted:
a. Name of the Joint Venture Partnershipb. Percentage of Equity for all Joint Venture Partnersc. A copy of the executed Agreement(s) between the Joint Venture Partners
Vendor does not have a principal place of business location (also known as the nerve center)
within Broward County.
Vendor Information:
Vendor Name: Thornton Tomasetti, Inc.
Vendor ’s address listed in its submittal is:
101 NE Third Avenue, Suite 1170
Fort Lauderdale, FL 33301-1199
The signature below must be by an individual authorized to bind the Vendor. The signature below is an attestation that all information listed above and provided to Broward County is true and accurate.
Supplier: Thornton Tomasetti
Derek Wassink Vice President Thornton Tomasetti 6/15/18
Authorized Signature/Name
Title Vendor Name Date
PNC2115981P1Broward County Board ofCounty Commissioners
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RFP-RFQ-RLI LOCATION ATTESTATION FORM (EVALUATION CRITERIA)
The completed and signed form and supporting information (if applicable, for Joint Ventures) should be returned with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit this form and supporting information may affect the Vendor ’s evaluation. Provided information is subject to verification by the County.
A Vendor ’s principal place of business location (also known as the nerve center) within Broward County is considered in accordance with Evaluation Criteria. The County ’s definition of a principal place of business is:
1. As defined by the Broward County Local Preference Ordinance, “Principal place of business means the nerve center or center of overall direction, control and coordination of the activities of the bidder [Vendor]. If the bidder has only one (1) business location, such business location shall be considered its principal place of business.”
2. A principal place of business refers to the place where a corporation's officers direct, control, and coordinate the corporation's day-to-day activities. It is the corporation's ‘nerve center ’ and in practice it should normally be the place where the corporation maintains its headquarters; provided that the headquarters is the actual center of direction, control, and coordination, i.e., the ‘nerve center ’, and not simply an office where the corporation holds its board meetings (for example, attended by directors and officers who have traveled there for the occasion).
The Vendor ’s principal place of business in Broward County shall be the Vendor ’s “Principal Address” as indicated with the Florida Department of State Division of Corporations, for at least six months prior to the solicitation ’s due date.
Check one of the following:
The Vendor certifies that it has a principal place of business location (also known as the nerve
center) within Broward County, as documented in Florida Department of State Division of Corporations (Sunbiz), and attests to the following statements:
1. Vendor ’s address listed in its submittal is its principal place of business as defined by Broward County;
2. Vendor ’s “Principal Address” listed with the Florida Department of State Division of Corporations is the same as the address listed in its submittal and the address was listed for at least six months prior to the solicitation ’s opening date. A copy of Florida Department of State Division of Corporations (Sunbiz) is attached as verification.
3. Vendor must be located at the listed “nerve center” address (“Principal Address”) for at least six (6) months prior to the solicitation ’s opening date;
4. Vendor has not merged with another firm within the last six months that is not headquartered in Broward County and is not a wholly owned subsidiary or a holding company of another firm that is not headquartered in Broward County;
5. If awarded a contract, it is the intent of the Vendor to remain at the referenced address for the duration of the contract term, including any renewals, extensions or any approved interim contracts for the services provided under this contract; and
6. The Vendor understands that if after contract award, the County learns that the attestation was erroneous, and upon investigation determines that the error was willful or intentional on the part of the Vendor, the County may, on that basis exercise any contractual right to terminate the contract. Further any misleading, inaccurate, false information or documentation submitted by any party affiliated with this procurement may lead to suspension and/or debarment from doing business with Broward County as outlined in the Procurement Code, Section 21.119.
If the Vendor is submitting a response as a Joint Venture, the following information is required to be submitted:
a. Name of the Joint Venture Partnershipb. Percentage of Equity for all Joint Venture Partnersc. A copy of the executed Agreement(s) between the Joint Venture Partners
Vendor does not have a principal place of business location (also known as the nerve center)
within Broward County.
Vendor Information:
Vendor Name: Thornton Tomasetti, Inc.
Vendor ’s address listed in its submittal is:
101 NE Third Avenue, Suite 1170
Fort Lauderdale, FL 33301-1199
The signature below must be by an individual authorized to bind the Vendor. The signature below is an attestation that all information listed above and provided to Broward County is true and accurate.
Supplier: Thornton Tomasetti
Derek Wassink Vice President Thornton Tomasetti 6/15/18
Authorized Signature/Name
Title Vendor Name Date
PNC2115981P1Broward County Board ofCounty Commissioners
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RFP-RLI-RFQ LOCAL PREFERENCE AND TIE BREAKER CERTIFICATION FORM
The completed and signed form should be returned with the Vendor ’s submittal to determine Local Preference eligibility, however it must be returned at time of solicitation submittal to qualify for the Tie Break criteria. If not provided with submittal, the Vendor must submit within three business days ofCounty ’s request for evaluation of Local Preference. Proof of a local business tax should be submitted with this form. Failure to timely submit this form or local business tax receipt may render the business ineligible for application of the Local Preference or Tie Break Criteria.
In accordance with Section 21.31.d. of the Broward County Procurement Code, to qualify for the Tie Break Criteria, the undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward County and:
a. has a valid Broward County local business tax receipt;
b. has been in existence for at least six-months prior to the solicitation opening;
c. at a business address physically located within Broward County;
d. in an area zoned for such business;
e. provides services from this location on a day-to-day basis, and
f. services provided from this location are a substantial component of the services offered in the Vendor's proposal.
In accordance with Local Preference, Section 1-74, et. seq.,Broward County Code of Ordinances, a local business meeting the below requirements is eligible for Local Preference. To qualify for the Local Preference, the undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward and:
a. has a valid Broward County local business tax receipt issued at least one year prior to solicitation opening;
b. has been in existence for at least one-year prior to the solicitation opening;
c. provides services on a day-to-day basis, at a business address physically located within the Broward County limits in an area zoned for such business; and
d. the services provided from this location are a substantial component of the services offered in the Vendor's proposal.
Local Business Address: 101 NE Third Avenue, Suite 1170
Fort Lauderdale, FL 33301-1199
Vendor does not qualify for Tie Break Criteria or Local Preference, in accordance with the above requirements. The undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is not a local Vendor in Broward County.
Supplier: Thornton Tomasetti
Derek Wassink Vice President Thornton
Tomasetti
6/15/18
AUTHORIZED SIGNATURE/ NAME TITLE COMPANY DATE
PNC2115981P1Broward County Board ofCounty Commissioners
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RFP-RLI-RFQ LOCAL PREFERENCE AND TIE BREAKER CERTIFICATION FORM
The completed and signed form should be returned with the Vendor ’s submittal to determine Local Preference eligibility, however it must be returned at time of solicitation submittal to qualify for the Tie Break criteria. If not provided with submittal, the Vendor must submit within three business days ofCounty ’s request for evaluation of Local Preference. Proof of a local business tax should be submitted with this form. Failure to timely submit this form or local business tax receipt may render the business ineligible for application of the Local Preference or Tie Break Criteria.
In accordance with Section 21.31.d. of the Broward County Procurement Code, to qualify for the Tie Break Criteria, the undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward County and:
a. has a valid Broward County local business tax receipt;
b. has been in existence for at least six-months prior to the solicitation opening;
c. at a business address physically located within Broward County;
d. in an area zoned for such business;
e. provides services from this location on a day-to-day basis, and
f. services provided from this location are a substantial component of the services offered in the Vendor's proposal.
In accordance with Local Preference, Section 1-74, et. seq.,Broward County Code of Ordinances, a local business meeting the below requirements is eligible for Local Preference. To qualify for the Local Preference, the undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is a local Vendor in Broward and:
a. has a valid Broward County local business tax receipt issued at least one year prior to solicitation opening;
b. has been in existence for at least one-year prior to the solicitation opening;
c. provides services on a day-to-day basis, at a business address physically located within the Broward County limits in an area zoned for such business; and
d. the services provided from this location are a substantial component of the services offered in the Vendor's proposal.
Local Business Address: 101 NE Third Avenue, Suite 1170
Fort Lauderdale, FL 33301-1199
Vendor does not qualify for Tie Break Criteria or Local Preference, in accordance with the above requirements. The undersigned Vendor hereby certifies that (check box if applicable):
The Vendor is not a local Vendor in Broward County.
Supplier: Thornton Tomasetti
Derek Wassink Vice President Thornton
Tomasetti
6/15/18
AUTHORIZED SIGNATURE/ NAME TITLE COMPANY DATE
PNC2115981P1Broward County Board ofCounty Commissioners
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Office of Economic and Small Business Requirements: CBE Goal ParticipationA. In accordance with Broward County Business Opportunity Act of 2012, Ordinance No. 2012-33,
Broward County Code of Ordinances, the County Business Enterprise (CBE) Program is applicable to this contract. All Vendors responding to this solicitation should utilize, or attempt to utilize, CBE firms to perform at least the assigned participation goal for this contract.
B. CBE Program Requirements: Compliance with CBE participation goal requirements is a matter of responsibility; required forms and information should be submitted with solicitation submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of the Office of Economic and Small Business Development ’s (OESBD) request. Vendor may be deemed non-responsible for failure to fully comply within stated timeframes.
1. Vendor should include in its solicitation submittal a Letter Of Intent Between
Bidder/Offeror and County Business Enterprise (CBE) Subcontractor/Supplier, for each certified CBE firm the Vendor intends to use to achieve the assigned CBE participation goal.
2. If a Vendor is unable to attain the CBE participation goal, the Vendor should include in its solicitation submittal Application for Evaluation of Good Faith Effort and all of the
required supporting information.
C. The Vendor shall only address the base solicitation amount for CBE goal participation. No alternate/optional item(s) shall be addressed. If the County chooses to exercise the right to award alternate/optional solicitation item(s), the CBE participation goal for this solicitation shall apply to the alternate/optional item(s) recommended to be awarded. The County shall issue a notice to the apparent successful Vendor requiring the Vendor to comply with the CBE participation goal for the alternate/optional item(s); Vendor shall submit all required forms prior to award. Failure to submit the required forms may result in rejection of the solicitation.
D. The Office of Economic and Small Business Development maintains an on-line directory of CBE f i r m s . T h e o n -l i n e d i r e c t o r y i s a v a i l a b l e f o r u s e b y V e n d o r s a t https://webapps4.broward.org/smallbusiness/sbdirectory.aspx
E. For detailed information regarding the County Business Enterprise Program contact the Office of Economic and Small Business Development at (954) 357-6400 or visit the website at: http://www.broward.org/EconDev/SmallBusiness/
F. Requirements for Contracts with CBE Goals: if awarded the contract, the Vendor agrees to and shall comply with all applicable requirements of the CBE Program in the award and administration of the contract.
1. No party to this contract may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this contract.
2. Vendor shall comply with all applicable requirements of the Broward County Small Business Development Program in the award and administration of this contract. Failure by Vendor to carry out any of these requirements shall constitute a material breach of this contract, which shall permit County to terminate this contract or to exercise any other remedy provided under this contract, under the Broward County Code of Ordinances, or Administrative Code, or under applicable law, with all of such remedies being cumulative.
3. Vendor shall pay its CBE subcontractors and suppliers, within fifteen (15) days following receipt of payment from County for such subcontracted work and pay all other subcontractors and suppliers within thirty (30) days following receipt of payment from County for such subcontracted work or supplies. If Vendor withholds an amount from CBE subcontractors or suppliers as retainage, such retainage shall be released and paid within fifteen (15) days following receipt of payment of retained amounts from County. For all other subcontractors or suppliers, if Vendor withholds an amount as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from County.
4. Vendor understands that the County will monitor compliance with the CBE requirements. Vendor must report monthly on its CBE participation commitment with its pay requests and is required as a condition of payment.
Supplier: Thornton Tomasetti
LETTER OF INTENT BETWEEN BIDDER/OFFEROR AND COUNTY BUSINESS
ENTERPRISE (CBE) SUBCONTRACTOR/SUPPLIER
This form(s) should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. This form is to be completed and signed for each CBE firm. Vendor should scan and upload the completed, signed form(s) in BidSync.
Solicitation Number: PNC2115981P1 Project Title: Professional Consultant Services for
Airport Studies, Evaluations and Assessment
Bidder/Offeror
Name:
Address: City: State: Zip:
Authorized Representat ive: Phone:
CBE Subcontractor/Supplier
Name:
Address: City: State: Zip:
Authorized Representat ive: Phone:
A. This is a letter of intent between the bidder/offeror on this project and a CBE firm for theCBE to perform subcontracting work on this project.
B. By signing below, the bidder/offeror is committ ing to uti l ize the above-named CBE toperform the work described below.
C. By signing below, the above-named CBE is committ ing to perform the work describedbelow.
D. By signing below, the bidder/offeror and CBE aff irm that i f the CBE subcontracts any of thework described below, it may only subcontract that work to another CBE.
Work to be performed by CBE Firm
Descript ion NAICS
AFFIRMATION: I hereby affi rm that the information above is true and correct.
(Signature) (Ti t le) (Date)
Bidder/Offeror Authorized Representative
(Signature) (Ti t le) (Date)
In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and
Affirmation shall be null and void.
APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT
PURSUANT TO BUSINESS OPPORTUNITY ACT OF 2012, Sec. 1-81.5(e)
If applicable, this form and supporting documentation should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. Vendor should scan and upload the supporting documentation in BidSync.
PNC2115981P1 Professional Consultant Serv ices for Ai rpor t Studies, Evaluations and Assessment
ADDRESS TELEPHONE
The undersigned representative of the prime contractor represents that his/her firm has contacted County Business Enterprise (CBE) certif ied firms in a good faith effort to meet the CBE goal for this solicitation but has not been able to meet the goal. Consistent with the requirements of the Business Opportunity Act of 2012 (the Act), the prime contractor hereby submits documentation (attached to this form) of good faith efforts made and requests to be evaluated under Section 1-81.5(e) of the Act.
The prime contractor understands that a determination of good faith effort to meet the CBE contract participation goal is contingent on both the information provided by the prime contractor as an attachment to this application and the other factors listed in Section 1-81.5(e) of the CBE Act, as those factors are applicable with respect to this solicitation. The prime contractor acknowledges that the determination of good faith effort is made by the Director of the Office of Economic and Small Business Development, and is not subject to appeal.
* CBE Contract
Amount†
CBE Percentage of
Total Project Value
CBE Subcontractor/Supplier Authorized Representative
* Visit http://www.census.gov/eos/www/naics/ to search. Match type of work with NAICS code as closely as possible.† To be provided only when the solicitation requires that bidder/offer include a dollar amount in its bid-offer.
SOLCITATION NO.: PROJECT NAME:
PRIME CONTRACTOR
SIGNATURE:
PRINT NAME / TITLE:
DATE:
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 143
5
6
Office of Economic and Small Business Requirements: CBE Goal ParticipationA. In accordance with Broward County Business Opportunity Act of 2012, Ordinance No. 2012-33,
Broward County Code of Ordinances, the County Business Enterprise (CBE) Program is applicable to this contract. All Vendors responding to this solicitation should utilize, or attempt to utilize, CBE firms to perform at least the assigned participation goal for this contract.
B. CBE Program Requirements: Compliance with CBE participation goal requirements is a matter of responsibility; required forms and information should be submitted with solicitation submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of the Office of Economic and Small Business Development ’s (OESBD) request. Vendor may be deemed non-responsible for failure to fully comply within stated timeframes.
1. Vendor should include in its solicitation submittal a Letter Of Intent Between
Bidder/Offeror and County Business Enterprise (CBE) Subcontractor/Supplier, for each certified CBE firm the Vendor intends to use to achieve the assigned CBE participation goal.
2. If a Vendor is unable to attain the CBE participation goal, the Vendor should include in its solicitation submittal Application for Evaluation of Good Faith Effort and all of the
required supporting information.
C. The Vendor shall only address the base solicitation amount for CBE goal participation. No alternate/optional item(s) shall be addressed. If the County chooses to exercise the right to award alternate/optional solicitation item(s), the CBE participation goal for this solicitation shall apply to the alternate/optional item(s) recommended to be awarded. The County shall issue a notice to the apparent successful Vendor requiring the Vendor to comply with the CBE participation goal for the alternate/optional item(s); Vendor shall submit all required forms prior to award. Failure to submit the required forms may result in rejection of the solicitation.
D. The Office of Economic and Small Business Development maintains an on-line directory of CBE f i r m s . T h e o n -l i n e d i r e c t o r y i s a v a i l a b l e f o r u s e b y V e n d o r s a t https://webapps4.broward.org/smallbusiness/sbdirectory.aspx
E. For detailed information regarding the County Business Enterprise Program contact the Office of Economic and Small Business Development at (954) 357-6400 or visit the website at: http://www.broward.org/EconDev/SmallBusiness/
F. Requirements for Contracts with CBE Goals: if awarded the contract, the Vendor agrees to and shall comply with all applicable requirements of the CBE Program in the award and administration of the contract.
1. No party to this contract may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this contract.
2. Vendor shall comply with all applicable requirements of the Broward County Small Business Development Program in the award and administration of this contract. Failure by Vendor to carry out any of these requirements shall constitute a material breach of this contract, which shall permit County to terminate this contract or to exercise any other remedy provided under this contract, under the Broward County Code of Ordinances, or Administrative Code, or under applicable law, with all of such remedies being cumulative.
3. Vendor shall pay its CBE subcontractors and suppliers, within fifteen (15) days following receipt of payment from County for such subcontracted work and pay all other subcontractors and suppliers within thirty (30) days following receipt of payment from County for such subcontracted work or supplies. If Vendor withholds an amount from CBE subcontractors or suppliers as retainage, such retainage shall be released and paid within fifteen (15) days following receipt of payment of retained amounts from County. For all other subcontractors or suppliers, if Vendor withholds an amount as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from County.
4. Vendor understands that the County will monitor compliance with the CBE requirements. Vendor must report monthly on its CBE participation commitment with its pay requests and is required as a condition of payment.
Supplier: Thornton Tomasetti
LETTER OF INTENT BETWEEN BIDDER/OFFEROR AND COUNTY BUSINESS
ENTERPRISE (CBE) SUBCONTRACTOR/SUPPLIER
This form(s) should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. This form is to be completed and signed for each CBE firm. Vendor should scan and upload the completed, signed form(s) in BidSync.
Solicitation Number: PNC2115981P1 Project Title: Professional Consultant Services for
Airport Studies, Evaluations and Assessment
Bidder/Offeror
Name:
Address: City: State: Zip:
Authorized Representat ive: Phone:
CBE Subcontractor/Supplier
Name:
Address: City: State: Zip:
Authorized Representat ive: Phone:
A. This is a letter of intent between the bidder/offeror on this project and a CBE firm for theCBE to perform subcontracting work on this project.
B. By signing below, the bidder/offeror is committ ing to uti l ize the above-named CBE toperform the work described below.
C. By signing below, the above-named CBE is committ ing to perform the work describedbelow.
D. By signing below, the bidder/offeror and CBE aff irm that i f the CBE subcontracts any of thework described below, it may only subcontract that work to another CBE.
Work to be performed by CBE Firm
Descript ion NAICS
AFFIRMATION: I hereby affi rm that the information above is true and correct.
(Signature) (Ti t le) (Date)
Bidder/Offeror Authorized Representative
(Signature) (Ti t le) (Date)
In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and
Affirmation shall be null and void.
APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT
PURSUANT TO BUSINESS OPPORTUNITY ACT OF 2012, Sec. 1-81.5(e)
If applicable, this form and supporting documentation should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. Vendor should scan and upload the supporting documentation in BidSync.
PNC2115981P1 Professional Consultant Serv ices for Ai rpor t Studies, Evaluations and Assessment
ADDRESS TELEPHONE
The undersigned representative of the prime contractor represents that his/her firm has contacted County Business Enterprise (CBE) certif ied firms in a good faith effort to meet the CBE goal for this solicitation but has not been able to meet the goal. Consistent with the requirements of the Business Opportunity Act of 2012 (the Act), the prime contractor hereby submits documentation (attached to this form) of good faith efforts made and requests to be evaluated under Section 1-81.5(e) of the Act.
The prime contractor understands that a determination of good faith effort to meet the CBE contract participation goal is contingent on both the information provided by the prime contractor as an attachment to this application and the other factors listed in Section 1-81.5(e) of the CBE Act, as those factors are applicable with respect to this solicitation. The prime contractor acknowledges that the determination of good faith effort is made by the Director of the Office of Economic and Small Business Development, and is not subject to appeal.
* CBE Contract
Amount†
CBE Percentage of
Total Project Value
CBE Subcontractor/Supplier Authorized Representative
* Visit http://www.census.gov/eos/www/naics/ to search. Match type of work with NAICS code as closely as possible.† To be provided only when the solicitation requires that bidder/offer include a dollar amount in its bid-offer.
SOLCITATION NO.: PROJECT NAME:
PRIME CONTRACTOR
SIGNATURE:
PRINT NAME / TITLE:
DATE:
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 144
5
6
Office of Economic and Small Business Requirements: CBE Goal ParticipationA. In accordance with Broward County Business Opportunity Act of 2012, Ordinance No. 2012-33,
Broward County Code of Ordinances, the County Business Enterprise (CBE) Program is applicable to this contract. All Vendors responding to this solicitation should utilize, or attempt to utilize, CBE firms to perform at least the assigned participation goal for this contract.
B. CBE Program Requirements: Compliance with CBE participation goal requirements is a matter of responsibility; required forms and information should be submitted with solicitation submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of the Office of Economic and Small Business Development ’s (OESBD) request. Vendor may be deemed non-responsible for failure to fully comply within stated timeframes.
1. Vendor should include in its solicitation submittal a Letter Of Intent Between
Bidder/Offeror and County Business Enterprise (CBE) Subcontractor/Supplier, for each certified CBE firm the Vendor intends to use to achieve the assigned CBE participation goal.
2. If a Vendor is unable to attain the CBE participation goal, the Vendor should include in its solicitation submittal Application for Evaluation of Good Faith Effort and all of the
required supporting information.
C. The Vendor shall only address the base solicitation amount for CBE goal participation. No alternate/optional item(s) shall be addressed. If the County chooses to exercise the right to award alternate/optional solicitation item(s), the CBE participation goal for this solicitation shall apply to the alternate/optional item(s) recommended to be awarded. The County shall issue a notice to the apparent successful Vendor requiring the Vendor to comply with the CBE participation goal for the alternate/optional item(s); Vendor shall submit all required forms prior to award. Failure to submit the required forms may result in rejection of the solicitation.
D. The Office of Economic and Small Business Development maintains an on-line directory of CBE f i r m s . T h e o n -l i n e d i r e c t o r y i s a v a i l a b l e f o r u s e b y V e n d o r s a t https://webapps4.broward.org/smallbusiness/sbdirectory.aspx
E. For detailed information regarding the County Business Enterprise Program contact the Office of Economic and Small Business Development at (954) 357-6400 or visit the website at: http://www.broward.org/EconDev/SmallBusiness/
F. Requirements for Contracts with CBE Goals: if awarded the contract, the Vendor agrees to and shall comply with all applicable requirements of the CBE Program in the award and administration of the contract.
1. No party to this contract may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this contract.
2. Vendor shall comply with all applicable requirements of the Broward County Small Business Development Program in the award and administration of this contract. Failure by Vendor to carry out any of these requirements shall constitute a material breach of this contract, which shall permit County to terminate this contract or to exercise any other remedy provided under this contract, under the Broward County Code of Ordinances, or Administrative Code, or under applicable law, with all of such remedies being cumulative.
3. Vendor shall pay its CBE subcontractors and suppliers, within fifteen (15) days following receipt of payment from County for such subcontracted work and pay all other subcontractors and suppliers within thirty (30) days following receipt of payment from County for such subcontracted work or supplies. If Vendor withholds an amount from CBE subcontractors or suppliers as retainage, such retainage shall be released and paid within fifteen (15) days following receipt of payment of retained amounts from County. For all other subcontractors or suppliers, if Vendor withholds an amount as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from County.
4. Vendor understands that the County will monitor compliance with the CBE requirements. Vendor must report monthly on its CBE participation commitment with its pay requests and is required as a condition of payment.
Supplier: Thornton Tomasetti
LETTER OF INTENT BETWEEN BIDDER/OFFEROR AND COUNTY BUSINESS
ENTERPRISE (CBE) SUBCONTRACTOR/SUPPLIER
This form(s) should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. This form is to be completed and signed for each CBE firm. Vendor should scan and upload the completed, signed form(s) in BidSync.
Solicitation Number: PNC2115981P1 Project Title: Professional Consultant Services for
Airport Studies, Evaluations and Assessment
Bidder/Offeror
Name:
Address: City: State: Zip:
Authorized Representat ive: Phone:
CBE Subcontractor/Supplier
Name:
Address: City: State: Zip:
Authorized Representat ive: Phone:
A. This is a letter of intent between the bidder/offeror on this project and a CBE firm for theCBE to perform subcontracting work on this project.
B. By signing below, the bidder/offeror is committ ing to uti l ize the above-named CBE toperform the work described below.
C. By signing below, the above-named CBE is committ ing to perform the work describedbelow.
D. By signing below, the bidder/offeror and CBE aff irm that i f the CBE subcontracts any of thework described below, it may only subcontract that work to another CBE.
Work to be performed by CBE Firm
Descript ion NAICS
AFFIRMATION: I hereby affi rm that the information above is true and correct.
(Signature) (Ti t le) (Date)
Bidder/Offeror Authorized Representative
(Signature) (Ti t le) (Date)
In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and
Affirmation shall be null and void.
APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT
PURSUANT TO BUSINESS OPPORTUNITY ACT OF 2012, Sec. 1-81.5(e)
If applicable, this form and supporting documentation should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. Vendor should scan and upload the supporting documentation in BidSync.
PNC2115981P1 Professional Consultant Serv ices for Ai rpor t Studies, Evaluations and Assessment
ADDRESS TELEPHONE
The undersigned representative of the prime contractor represents that his/her firm has contacted County Business Enterprise (CBE) certif ied firms in a good faith effort to meet the CBE goal for this solicitation but has not been able to meet the goal. Consistent with the requirements of the Business Opportunity Act of 2012 (the Act), the prime contractor hereby submits documentation (attached to this form) of good faith efforts made and requests to be evaluated under Section 1-81.5(e) of the Act.
The prime contractor understands that a determination of good faith effort to meet the CBE contract participation goal is contingent on both the information provided by the prime contractor as an attachment to this application and the other factors listed in Section 1-81.5(e) of the CBE Act, as those factors are applicable with respect to this solicitation. The prime contractor acknowledges that the determination of good faith effort is made by the Director of the Office of Economic and Small Business Development, and is not subject to appeal.
* CBE Contract
Amount†
CBE Percentage of
Total Project Value
CBE Subcontractor/Supplier Authorized Representative
* Visit http://www.census.gov/eos/www/naics/ to search. Match type of work with NAICS code as closely as possible.† To be provided only when the solicitation requires that bidder/offer include a dollar amount in its bid-offer.
SOLCITATION NO.: PROJECT NAME:
PRIME CONTRACTOR
SIGNATURE:
PRINT NAME / TITLE:
DATE:
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 145
5
6
Office of Economic and Small Business Requirements: CBE Goal ParticipationA. In accordance with Broward County Business Opportunity Act of 2012, Ordinance No. 2012-33,
Broward County Code of Ordinances, the County Business Enterprise (CBE) Program is applicable to this contract. All Vendors responding to this solicitation should utilize, or attempt to utilize, CBE firms to perform at least the assigned participation goal for this contract.
B. CBE Program Requirements: Compliance with CBE participation goal requirements is a matter of responsibility; required forms and information should be submitted with solicitation submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of the Office of Economic and Small Business Development ’s (OESBD) request. Vendor may be deemed non-responsible for failure to fully comply within stated timeframes.
1. Vendor should include in its solicitation submittal a Letter Of Intent Between
Bidder/Offeror and County Business Enterprise (CBE) Subcontractor/Supplier, for each certified CBE firm the Vendor intends to use to achieve the assigned CBE participation goal.
2. If a Vendor is unable to attain the CBE participation goal, the Vendor should include in its solicitation submittal Application for Evaluation of Good Faith Effort and all of the
required supporting information.
C. The Vendor shall only address the base solicitation amount for CBE goal participation. No alternate/optional item(s) shall be addressed. If the County chooses to exercise the right to award alternate/optional solicitation item(s), the CBE participation goal for this solicitation shall apply to the alternate/optional item(s) recommended to be awarded. The County shall issue a notice to the apparent successful Vendor requiring the Vendor to comply with the CBE participation goal for the alternate/optional item(s); Vendor shall submit all required forms prior to award. Failure to submit the required forms may result in rejection of the solicitation.
D. The Office of Economic and Small Business Development maintains an on-line directory of CBE f i r m s . T h e o n -l i n e d i r e c t o r y i s a v a i l a b l e f o r u s e b y V e n d o r s a t https://webapps4.broward.org/smallbusiness/sbdirectory.aspx
E. For detailed information regarding the County Business Enterprise Program contact the Office of Economic and Small Business Development at (954) 357-6400 or visit the website at: http://www.broward.org/EconDev/SmallBusiness/
F. Requirements for Contracts with CBE Goals: if awarded the contract, the Vendor agrees to and shall comply with all applicable requirements of the CBE Program in the award and administration of the contract.
1. No party to this contract may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this contract.
2. Vendor shall comply with all applicable requirements of the Broward County Small Business Development Program in the award and administration of this contract. Failure by Vendor to carry out any of these requirements shall constitute a material breach of this contract, which shall permit County to terminate this contract or to exercise any other remedy provided under this contract, under the Broward County Code of Ordinances, or Administrative Code, or under applicable law, with all of such remedies being cumulative.
3. Vendor shall pay its CBE subcontractors and suppliers, within fifteen (15) days following receipt of payment from County for such subcontracted work and pay all other subcontractors and suppliers within thirty (30) days following receipt of payment from County for such subcontracted work or supplies. If Vendor withholds an amount from CBE subcontractors or suppliers as retainage, such retainage shall be released and paid within fifteen (15) days following receipt of payment of retained amounts from County. For all other subcontractors or suppliers, if Vendor withholds an amount as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from County.
4. Vendor understands that the County will monitor compliance with the CBE requirements. Vendor must report monthly on its CBE participation commitment with its pay requests and is required as a condition of payment.
Supplier: Thornton Tomasetti
LETTER OF INTENT BETWEEN BIDDER/OFFEROR AND COUNTY BUSINESS
ENTERPRISE (CBE) SUBCONTRACTOR/SUPPLIER
This form(s) should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. This form is to be completed and signed for each CBE firm. Vendor should scan and upload the completed, signed form(s) in BidSync.
Solicitation Number: PNC2115981P1 Project Title: Professional Consultant Services for
Airport Studies, Evaluations and Assessment
Bidder/Offeror
Name:
Address: City: State: Zip:
Authorized Representat ive: Phone:
CBE Subcontractor/Supplier
Name:
Address: City: State: Zip:
Authorized Representat ive: Phone:
A. This is a letter of intent between the bidder/offeror on this project and a CBE firm for theCBE to perform subcontracting work on this project.
B. By signing below, the bidder/offeror is committ ing to uti l ize the above-named CBE toperform the work described below.
C. By signing below, the above-named CBE is committ ing to perform the work describedbelow.
D. By signing below, the bidder/offeror and CBE aff irm that i f the CBE subcontracts any of thework described below, it may only subcontract that work to another CBE.
Work to be performed by CBE Firm
Descript ion NAICS
AFFIRMATION: I hereby affi rm that the information above is true and correct.
(Signature) (Ti t le) (Date)
Bidder/Offeror Authorized Representative
(Signature) (Ti t le) (Date)
In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and
Affirmation shall be null and void.
APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT
PURSUANT TO BUSINESS OPPORTUNITY ACT OF 2012, Sec. 1-81.5(e)
If applicable, this form and supporting documentation should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. Vendor should scan and upload the supporting documentation in BidSync.
PNC2115981P1 Professional Consultant Serv ices for Ai rpor t Studies, Evaluations and Assessment
ADDRESS TELEPHONE
The undersigned representative of the prime contractor represents that his/her firm has contacted County Business Enterprise (CBE) certif ied firms in a good faith effort to meet the CBE goal for this solicitation but has not been able to meet the goal. Consistent with the requirements of the Business Opportunity Act of 2012 (the Act), the prime contractor hereby submits documentation (attached to this form) of good faith efforts made and requests to be evaluated under Section 1-81.5(e) of the Act.
The prime contractor understands that a determination of good faith effort to meet the CBE contract participation goal is contingent on both the information provided by the prime contractor as an attachment to this application and the other factors listed in Section 1-81.5(e) of the CBE Act, as those factors are applicable with respect to this solicitation. The prime contractor acknowledges that the determination of good faith effort is made by the Director of the Office of Economic and Small Business Development, and is not subject to appeal.
* CBE Contract
Amount†
CBE Percentage of
Total Project Value
CBE Subcontractor/Supplier Authorized Representative
* Visit http://www.census.gov/eos/www/naics/ to search. Match type of work with NAICS code as closely as possible.† To be provided only when the solicitation requires that bidder/offer include a dollar amount in its bid-offer.
SOLCITATION NO.: PROJECT NAME:
PRIME CONTRACTOR
SIGNATURE:
PRINT NAME / TITLE:
DATE:
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 146
5
6
Office of Economic and Small Business Requirements: CBE Goal ParticipationA. In accordance with Broward County Business Opportunity Act of 2012, Ordinance No. 2012-33,
Broward County Code of Ordinances, the County Business Enterprise (CBE) Program is applicable to this contract. All Vendors responding to this solicitation should utilize, or attempt to utilize, CBE firms to perform at least the assigned participation goal for this contract.
B. CBE Program Requirements: Compliance with CBE participation goal requirements is a matter of responsibility; required forms and information should be submitted with solicitation submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of the Office of Economic and Small Business Development ’s (OESBD) request. Vendor may be deemed non-responsible for failure to fully comply within stated timeframes.
1. Vendor should include in its solicitation submittal a Letter Of Intent Between
Bidder/Offeror and County Business Enterprise (CBE) Subcontractor/Supplier, for each certified CBE firm the Vendor intends to use to achieve the assigned CBE participation goal.
2. If a Vendor is unable to attain the CBE participation goal, the Vendor should include in its solicitation submittal Application for Evaluation of Good Faith Effort and all of the
required supporting information.
C. The Vendor shall only address the base solicitation amount for CBE goal participation. No alternate/optional item(s) shall be addressed. If the County chooses to exercise the right to award alternate/optional solicitation item(s), the CBE participation goal for this solicitation shall apply to the alternate/optional item(s) recommended to be awarded. The County shall issue a notice to the apparent successful Vendor requiring the Vendor to comply with the CBE participation goal for the alternate/optional item(s); Vendor shall submit all required forms prior to award. Failure to submit the required forms may result in rejection of the solicitation.
D. The Office of Economic and Small Business Development maintains an on-line directory of CBE f i r m s . T h e o n -l i n e d i r e c t o r y i s a v a i l a b l e f o r u s e b y V e n d o r s a t https://webapps4.broward.org/smallbusiness/sbdirectory.aspx
E. For detailed information regarding the County Business Enterprise Program contact the Office of Economic and Small Business Development at (954) 357-6400 or visit the website at: http://www.broward.org/EconDev/SmallBusiness/
F. Requirements for Contracts with CBE Goals: if awarded the contract, the Vendor agrees to and shall comply with all applicable requirements of the CBE Program in the award and administration of the contract.
1. No party to this contract may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this contract.
2. Vendor shall comply with all applicable requirements of the Broward County Small Business Development Program in the award and administration of this contract. Failure by Vendor to carry out any of these requirements shall constitute a material breach of this contract, which shall permit County to terminate this contract or to exercise any other remedy provided under this contract, under the Broward County Code of Ordinances, or Administrative Code, or under applicable law, with all of such remedies being cumulative.
3. Vendor shall pay its CBE subcontractors and suppliers, within fifteen (15) days following receipt of payment from County for such subcontracted work and pay all other subcontractors and suppliers within thirty (30) days following receipt of payment from County for such subcontracted work or supplies. If Vendor withholds an amount from CBE subcontractors or suppliers as retainage, such retainage shall be released and paid within fifteen (15) days following receipt of payment of retained amounts from County. For all other subcontractors or suppliers, if Vendor withholds an amount as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from County.
4. Vendor understands that the County will monitor compliance with the CBE requirements. Vendor must report monthly on its CBE participation commitment with its pay requests and is required as a condition of payment.
Supplier: Thornton Tomasetti
LETTER OF INTENT BETWEEN BIDDER/OFFEROR AND COUNTY BUSINESS
ENTERPRISE (CBE) SUBCONTRACTOR/SUPPLIER
This form(s) should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. This form is to be completed and signed for each CBE firm. Vendor should scan and upload the completed, signed form(s) in BidSync.
Solicitation Number: PNC2115981P1 Project Title: Professional Consultant Services for
Airport Studies, Evaluations and Assessment
Bidder/Offeror
Name:
Address: City: State: Zip:
Authorized Representat ive: Phone:
CBE Subcontractor/Supplier
Name:
Address: City: State: Zip:
Authorized Representat ive: Phone:
A. This is a letter of intent between the bidder/offeror on this project and a CBE firm for theCBE to perform subcontracting work on this project.
B. By signing below, the bidder/offeror is committ ing to uti l ize the above-named CBE toperform the work described below.
C. By signing below, the above-named CBE is committ ing to perform the work describedbelow.
D. By signing below, the bidder/offeror and CBE aff irm that i f the CBE subcontracts any of thework described below, it may only subcontract that work to another CBE.
Work to be performed by CBE Firm
Descript ion NAICS
AFFIRMATION: I hereby affi rm that the information above is true and correct.
(Signature) (Ti t le) (Date)
Bidder/Offeror Authorized Representative
(Signature) (Ti t le) (Date)
In the event the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and
Affirmation shall be null and void.
APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT
PURSUANT TO BUSINESS OPPORTUNITY ACT OF 2012, Sec. 1-81.5(e)
If applicable, this form and supporting documentation should be returned with the Vendor ’s submittal. If not provided with solicitation submittal, the Vendor must supply information within three business days of County ’s request. Vendor should scan and upload the supporting documentation in BidSync.
PNC2115981P1 Professional Consultant Serv ices for Ai rpor t Studies, Evaluations and Assessment
ADDRESS TELEPHONE
The undersigned representative of the prime contractor represents that his/her firm has contacted County Business Enterprise (CBE) certif ied firms in a good faith effort to meet the CBE goal for this solicitation but has not been able to meet the goal. Consistent with the requirements of the Business Opportunity Act of 2012 (the Act), the prime contractor hereby submits documentation (attached to this form) of good faith efforts made and requests to be evaluated under Section 1-81.5(e) of the Act.
The prime contractor understands that a determination of good faith effort to meet the CBE contract participation goal is contingent on both the information provided by the prime contractor as an attachment to this application and the other factors listed in Section 1-81.5(e) of the CBE Act, as those factors are applicable with respect to this solicitation. The prime contractor acknowledges that the determination of good faith effort is made by the Director of the Office of Economic and Small Business Development, and is not subject to appeal.
* CBE Contract
Amount†
CBE Percentage of
Total Project Value
CBE Subcontractor/Supplier Authorized Representative
* Visit http://www.census.gov/eos/www/naics/ to search. Match type of work with NAICS code as closely as possible.† To be provided only when the solicitation requires that bidder/offer include a dollar amount in its bid-offer.
SOLCITATION NO.: PROJECT NAME:
PRIME CONTRACTOR
SIGNATURE:
PRINT NAME / TITLE:
DATE:
PNC2115981P1Broward County Board ofCounty Commissioners
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SCRUTINIZED COMPANIES LIST REQUIREMENT CERTIFICATION FORM
The completed and signed form(s) should be returned with the Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days of County’s request. Vendor may be deemed nonresponsive for failure to fully comply within stated timeframes.
Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor, by virtue of the signature below, certifies that:
a. The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and 215.4725 Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
b. The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
c. If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List.
Supplier: Thornton Tomasetti
Derek Wassink Vice President Thornton Tomasetti 6/15/18Authorized Signature/Name Title Vendor Name Date
PNC2115981P1Broward County Board ofCounty Commissioners
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Security Requirements – Aviation Department
A. Consultant/contractor agrees to observe all security requirements and other requirements of the Federal Aviation Regulations applicable to Consultant/contractor, including without limitation, all regulations of the United States Department of Transportation, the Federal Aviation Administration and the Transportation Security Administration, and the Consultant/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 sub lessees, employees, invitees and guests observe these requirements. If required by the Aviation Department, Consultant/contractor shall conduct background checks of its employees in accordance with applicable Federal regulations.
B. If as a result of the acts or omissions of Consultant/contractor, its sub lessees, 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 consultant/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. Consultant/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 consultant/contractor fails to remedy any such deficiency, the County may do so at the cost and expense of consultant/contractor. The County reserves the right to take whatever action is necessary to rectify any security deficiency or other deficiency.
C. Operation of Vehicles on the AOA: Before the consultant/contractor shall permit any employee of consultant/contractor or any sub consultant/subcontractor to operate a motor vehicle of any kind or type on the AOA (and unless escorted by an Aviation Department approved escort), the consultant/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 consultant/contractor or of any sub consultant/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.
D. Consent to Search/Inspection: The consultant/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 consultant/contractor further agrees on behalf of itself and its sub consultant /subcontractors 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. Consultant/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, consultant/contractor agrees that persons not executing such consent-to-search/inspection form shall not be employed by the consultant/contractor or by any sub consultant/contractor at the Airport in any position requiring access to the AOA or allowed entry to the AOA by the consultant/contractor or by any sub consultant/contractors.
E. The provisions hereof shall survive the expiration or any other termination of this contract.
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
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Security Requirements – Aviation Department
A. Consultant/contractor agrees to observe all security requirements and other requirements of the Federal Aviation Regulations applicable to Consultant/contractor, including without limitation, all regulations of the United States Department of Transportation, the Federal Aviation Administration and the Transportation Security Administration, and the Consultant/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 sub lessees, employees, invitees and guests observe these requirements. If required by the Aviation Department, Consultant/contractor shall conduct background checks of its employees in accordance with applicable Federal regulations.
B. If as a result of the acts or omissions of Consultant/contractor, its sub lessees, 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 consultant/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. Consultant/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 consultant/contractor fails to remedy any such deficiency, the County may do so at the cost and expense of consultant/contractor. The County reserves the right to take whatever action is necessary to rectify any security deficiency or other deficiency.
C. Operation of Vehicles on the AOA: Before the consultant/contractor shall permit any employee of consultant/contractor or any sub consultant/subcontractor to operate a motor vehicle of any kind or type on the AOA (and unless escorted by an Aviation Department approved escort), the consultant/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 consultant/contractor or of any sub consultant/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.
D. Consent to Search/Inspection: The consultant/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 consultant/contractor further agrees on behalf of itself and its sub consultant /subcontractors 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. Consultant/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, consultant/contractor agrees that persons not executing such consent-to-search/inspection form shall not be employed by the consultant/contractor or by any sub consultant/contractor at the Airport in any position requiring access to the AOA or allowed entry to the AOA by the consultant/contractor or by any sub consultant/contractors.
E. The provisions hereof shall survive the expiration or any other termination of this contract.
Supplier: Thornton Tomasetti
PNC2115981P1Broward County Board ofCounty Commissioners
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SUBCONTRACTORS/SUBCONSULTANTS/SUPPLIERS REQUIREMENT FORMRequest for Proposals, Request for Qualifications, or Request for Letters of Interest
The following forms and supporting information (if applicable) should be returned with Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit may affect Vendor ’s evaluation.
A. The Vendor shall submit a listing of all subcontractors, subconsultants and major material suppliers (firms), if any, and the portion of the contract they will perform. A major material supplier is considered any firm that provides construction material for construction contracts, or commodities for service contracts in excess of $50,000, to the Vendor.
B. If participation goals apply to the contract, only non-certified firms shall be identified on the form. A non-certified firm is a firm that is not listed as a firm for attainment of participation goals (ex. County Business Enterprise or Disadvantaged Business Enterprise), if applicable to the solicitation.
C. This list shall be kept up -to-date for the duration of the contract. If subcontractors, subconsultants or suppliers are stated, this does not relieve the Vendor from the prime responsibility of full and complete satisfactory performance under any awarded contract.
D. After completion of the contract/final payment, the Vendor shall certify the final list of non-certified subcontractors, subconsultants, and suppliers that performed or provided services to the County for the referenced contract.
E. The Vendor has confirmed that none of the recommended subcontractors, subconsultants, or suppliers ’ principal(s), officer(s), affiliate(s) or any other related companies have been debarred from doing business with Broward County or any other governmental agency.
If none, state “none” on this form. Use additional sheets as needed. Vendor should scan and upload any additional form(s) in BidSync.
Supplier: Thornton Tomasetti
1. Subcontracted Firm’s Name:
Subcontracted Firm’s Address:
Subcontracted Firm’s Telephone Number:
Contact Person’s Name and Position:
Contact Person’s E-Mail Address:
Estimated Subcontract/Supplies Contract Amount:
Type of Work/Supplies Provided:
2. Subcontracted Firm’s Name:
Subcontracted Firm’s Address:
Subcontracted Firm’s Telephone Number:
Contact Person’s Name and Position:
Contact Person’s E-Mail Address:
PNC2115981P1Broward County Board ofCounty Commissioners
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VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:Thornton Tomasetti, Inc.
2. Doing Business As/ Fictitious Name (if applicable):N/A
3. Federal Employer I.D. no. (FEIN):13-1251070
4. Dun and Bradstreet No.:06251397
5. Website address (if applicable): www.thorntontomasetti.com
6. Principal place of business address: 51 Madison Avenue, New York, NY 10010
7. Office location responsible for this project: 101 NE Third Ave., Suite 1170, Fort Lauderdale, FL 33301
8. Telephone no.:954.903.9300 Fax no.:954.903.9301
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):New York
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In)
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious name):
11. List name and title of each principal, owner, officer, and major shareholder:
a) Thomas Scarangello, Chairman & CEO
b) Raymond Daddazio, President
c) Aine Brazil, Vice Chairman
d) Dennis Poon, Vice Chairman
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name: Derek Wassink
Title: Vice President
E-mail: [email protected]
Telephone No.: 954.903.9300
Name: MacKenzie Ross-Fidler
Title: Senior Associate
E-mail: [email protected]
Telephone No.: 954.903.9300
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or
its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators, and Assistants to the County Administrator and their respective support staff or any person, including
Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:a. The dangers of drug abuse in the workplace;
b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition of employment on a covered contract, the employee shall:a. Abide by the terms of the statement; and
b. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace:
a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or other
appropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such
officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of
offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s) with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that
Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name: Thornton Tomasetti
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate as to Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written or otherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge that inaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify that the Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge and accept all of the solicitation pages as well as any special instructions sheet(s).
Supplier: Thornton Tomasetti
13. Has your firm, its principals, officers or predecessor organization(s) been debarred or suspended by any government entity within the last three years? If yes, specify
details in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been debarred or suspended by any government entity? If yes, specify details in an attached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products during the last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers of another organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against your firm, its parent or subsidiaries or predecessor organizations during the last three
years? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or have Performance and/or Payment Bond claims been made to your firm or its
predecessor's sureties during the last three years? If yes, specify details in an attached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/or delivery of products during the last three (3) years? If yes, specify details in an
attached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? If
yes, specify details in an attached written response.Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are a
result of the Ordinance for this solicitation, provide the following for informational purposes only. Response is not considered in determining the award of this contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by% or decreased the pricing by%.
Derek Wassink Vice President 6/15/18
*AUTHORIZED SIGNATURE/NAME TITLE DATE
PNC2115981P1Broward County Board ofCounty Commissioners
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VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:Thornton Tomasetti, Inc.
2. Doing Business As/ Fictitious Name (if applicable):N/A
3. Federal Employer I.D. no. (FEIN):13-1251070
4. Dun and Bradstreet No.:06251397
5. Website address (if applicable): www.thorntontomasetti.com
6. Principal place of business address: 51 Madison Avenue, New York, NY 10010
7. Office location responsible for this project: 101 NE Third Ave., Suite 1170, Fort Lauderdale, FL 33301
8. Telephone no.:954.903.9300 Fax no.:954.903.9301
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):New York
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In)
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious name):
11. List name and title of each principal, owner, officer, and major shareholder:
a) Thomas Scarangello, Chairman & CEO
b) Raymond Daddazio, President
c) Aine Brazil, Vice Chairman
d) Dennis Poon, Vice Chairman
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name: Derek Wassink
Title: Vice President
E-mail: [email protected]
Telephone No.: 954.903.9300
Name: MacKenzie Ross-Fidler
Title: Senior Associate
E-mail: [email protected]
Telephone No.: 954.903.9300
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or
its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators, and Assistants to the County Administrator and their respective support staff or any person, including
Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:a. The dangers of drug abuse in the workplace;
b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition of employment on a covered contract, the employee shall:a. Abide by the terms of the statement; and
b. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace:
a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or other
appropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such
officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of
offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s) with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that
Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name: Thornton Tomasetti
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate as to Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written or otherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge that inaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify that the Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge and accept all of the solicitation pages as well as any special instructions sheet(s).
Supplier: Thornton Tomasetti
13. Has your firm, its principals, officers or predecessor organization(s) been debarred or suspended by any government entity within the last three years? If yes, specify
details in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been debarred or suspended by any government entity? If yes, specify details in an attached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products during the last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers of another organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against your firm, its parent or subsidiaries or predecessor organizations during the last three
years? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or have Performance and/or Payment Bond claims been made to your firm or its
predecessor's sureties during the last three years? If yes, specify details in an attached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/or delivery of products during the last three (3) years? If yes, specify details in an
attached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? If
yes, specify details in an attached written response.Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are a
result of the Ordinance for this solicitation, provide the following for informational purposes only. Response is not considered in determining the award of this contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by% or decreased the pricing by%.
Derek Wassink Vice President 6/15/18
*AUTHORIZED SIGNATURE/NAME TITLE DATE
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 153
5
6
3 4
VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:Thornton Tomasetti, Inc.
2. Doing Business As/ Fictitious Name (if applicable):N/A
3. Federal Employer I.D. no. (FEIN):13-1251070
4. Dun and Bradstreet No.:06251397
5. Website address (if applicable): www.thorntontomasetti.com
6. Principal place of business address: 51 Madison Avenue, New York, NY 10010
7. Office location responsible for this project: 101 NE Third Ave., Suite 1170, Fort Lauderdale, FL 33301
8. Telephone no.:954.903.9300 Fax no.:954.903.9301
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):New York
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In)
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious name):
11. List name and title of each principal, owner, officer, and major shareholder:
a) Thomas Scarangello, Chairman & CEO
b) Raymond Daddazio, President
c) Aine Brazil, Vice Chairman
d) Dennis Poon, Vice Chairman
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name: Derek Wassink
Title: Vice President
E-mail: [email protected]
Telephone No.: 954.903.9300
Name: MacKenzie Ross-Fidler
Title: Senior Associate
E-mail: [email protected]
Telephone No.: 954.903.9300
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or
its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators, and Assistants to the County Administrator and their respective support staff or any person, including
Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:a. The dangers of drug abuse in the workplace;
b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition of employment on a covered contract, the employee shall:a. Abide by the terms of the statement; and
b. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace:
a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or other
appropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such
officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of
offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s) with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that
Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name: Thornton Tomasetti
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate as to Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written or otherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge that inaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify that the Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge and accept all of the solicitation pages as well as any special instructions sheet(s).
Supplier: Thornton Tomasetti
13. Has your firm, its principals, officers or predecessor organization(s) been debarred or suspended by any government entity within the last three years? If yes, specify
details in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been debarred or suspended by any government entity? If yes, specify details in an attached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products during the last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers of another organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against your firm, its parent or subsidiaries or predecessor organizations during the last three
years? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or have Performance and/or Payment Bond claims been made to your firm or its
predecessor's sureties during the last three years? If yes, specify details in an attached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/or delivery of products during the last three (3) years? If yes, specify details in an
attached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? If
yes, specify details in an attached written response.Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are a
result of the Ordinance for this solicitation, provide the following for informational purposes only. Response is not considered in determining the award of this contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by% or decreased the pricing by%.
Derek Wassink Vice President 6/15/18
*AUTHORIZED SIGNATURE/NAME TITLE DATE
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 154
5
6
3 4
VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:Thornton Tomasetti, Inc.
2. Doing Business As/ Fictitious Name (if applicable):N/A
3. Federal Employer I.D. no. (FEIN):13-1251070
4. Dun and Bradstreet No.:06251397
5. Website address (if applicable): www.thorntontomasetti.com
6. Principal place of business address: 51 Madison Avenue, New York, NY 10010
7. Office location responsible for this project: 101 NE Third Ave., Suite 1170, Fort Lauderdale, FL 33301
8. Telephone no.:954.903.9300 Fax no.:954.903.9301
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):New York
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In)
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious name):
11. List name and title of each principal, owner, officer, and major shareholder:
a) Thomas Scarangello, Chairman & CEO
b) Raymond Daddazio, President
c) Aine Brazil, Vice Chairman
d) Dennis Poon, Vice Chairman
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name: Derek Wassink
Title: Vice President
E-mail: [email protected]
Telephone No.: 954.903.9300
Name: MacKenzie Ross-Fidler
Title: Senior Associate
E-mail: [email protected]
Telephone No.: 954.903.9300
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or
its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators, and Assistants to the County Administrator and their respective support staff or any person, including
Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:a. The dangers of drug abuse in the workplace;
b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition of employment on a covered contract, the employee shall:a. Abide by the terms of the statement; and
b. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace:
a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or other
appropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such
officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of
offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s) with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that
Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name: Thornton Tomasetti
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate as to Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written or otherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge that inaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify that the Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge and accept all of the solicitation pages as well as any special instructions sheet(s).
Supplier: Thornton Tomasetti
13. Has your firm, its principals, officers or predecessor organization(s) been debarred or suspended by any government entity within the last three years? If yes, specify
details in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been debarred or suspended by any government entity? If yes, specify details in an attached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products during the last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers of another organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against your firm, its parent or subsidiaries or predecessor organizations during the last three
years? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or have Performance and/or Payment Bond claims been made to your firm or its
predecessor's sureties during the last three years? If yes, specify details in an attached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/or delivery of products during the last three (3) years? If yes, specify details in an
attached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? If
yes, specify details in an attached written response.Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are a
result of the Ordinance for this solicitation, provide the following for informational purposes only. Response is not considered in determining the award of this contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by% or decreased the pricing by%.
Derek Wassink Vice President 6/15/18
*AUTHORIZED SIGNATURE/NAME TITLE DATE
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 155
5
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3 4
VENDOR QUESTIONNAIRE AND STANDARD CERTIFICATIONS
Request for Proposals, Request for Qualifications, or Request for Letters of Interest
Vendor should complete questionnaire and complete and acknowledge the standard certifications and submit with the solicitation response. If not submitted with solicitation response, it must be submitted within three business days of County's request. Failure to timely submit may affect Vendor's evaluation.
If a response requires additional information, the Vendor should upload a written detailed response with
submittal; each response should be numbered to match the question number. The completed questionnaire
and attached responses will become part of the procurement record. It is imperative that the person completing
the Vendor Questionnaire be knowledgeable about the proposing Vendor's business and operations.
1. Legal business name:Thornton Tomasetti, Inc.
2. Doing Business As/ Fictitious Name (if applicable):N/A
3. Federal Employer I.D. no. (FEIN):13-1251070
4. Dun and Bradstreet No.:06251397
5. Website address (if applicable): www.thorntontomasetti.com
6. Principal place of business address: 51 Madison Avenue, New York, NY 10010
7. Office location responsible for this project: 101 NE Third Ave., Suite 1170, Fort Lauderdale, FL 33301
8. Telephone no.:954.903.9300 Fax no.:954.903.9301
9. Type of business (check appropriate box):
Corporation (specify the state of incorporation):New York
Sole Proprietor
Limited Liability Company (LLC)
Limited Partnership
General Partnership (State and County Filed In)
Other - Specify
10. List Florida Department of State, Division of Corporations document number (or registration number if fictitious name):
11. List name and title of each principal, owner, officer, and major shareholder:
a) Thomas Scarangello, Chairman & CEO
b) Raymond Daddazio, President
c) Aine Brazil, Vice Chairman
d) Dennis Poon, Vice Chairman
12. AUTHORIZED CONTACT(S) FOR YOUR FIRM:
Name: Derek Wassink
Title: Vice President
E-mail: [email protected]
Telephone No.: 954.903.9300
Name: MacKenzie Ross-Fidler
Title: Senior Associate
E-mail: [email protected]
Telephone No.: 954.903.9300
Cone of Silence Requirement Certification:
The Cone of Silence Ordinance, Section 1 -266, Broward County Code of Ordinances prohibits certain communications among Vendors, Commissioners, County staff, and Selection or Evaluation Committee members. Identify on a separate sheet any violations of this Ordinance by any members of the responding firm or
its joint ventures. After the application of the Cone of Silence, inquiries regarding this solicitation should be directed to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
The Vendor hereby certifies that: (check each box)
The Vendor has read Cone of Silence Ordinance, Section 1-266, Broward County Code of Ordinances; and
The Vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning
upon the appointment of the Selection or Evaluation Committee, for communication regarding this solicitation with the County Administrator, Deputy County Administrator, Assistant County Administrators, and Assistants to the County Administrator and their respective support staff or any person, including
Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting.
The Vendor agrees to comply with the requirements of the Cone of Silence Ordinance.
Drug-Free Workplace Requirements Certification:Section 21.31.a. of the Broward County Procurement Code requires awards of all competitive solicitations requiring Board award be made only to firms certifying the establishment of a drug free workplace program. The program must consist of:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:a. The dangers of drug abuse in the workplace;
b. The offeror's policy of maintaining a drug-free workplace;c. Any available drug counseling, rehabilitation, and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph 1;
4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition of employment on a covered contract, the employee shall:a. Abide by the terms of the statement; and
b. Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction.
5. Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision 4.b above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;
6. Within 30 calendar days after receiving notice under subparagraph 4 of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace:
a. Taking appropriate personnel action against such employee, up to and including termination; orb. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or other
appropriate agency; and
7. Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs 1 through 6.
The Vendor hereby certifies that: (check box)
The Vendor certifies that it has established a drug free workplace program in accordance with the above
requirements.
Non-Collusion Certification:
Vendor shall disclose, to their best knowledge, any Broward County officer or employee, or any relative of any such
officer or employee as defined in Section 112.3135 (1) (c), Florida Statutes, who is an officer or director of, or has a material interest in, the Vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of
offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. Failure of a Vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code.
The Vendor hereby certifies that: (select one)
The Vendor certifies that this offer is made independently and free from collusion; or
The Vendor is disclosing names of officers or employees who have a material interest in this procurement
and is in a position to influence this procurement. Vendor must include a list of name(s), and relationship(s) with its submittal.
Public Entities Crimes Certification:In accordance with Public Entity Crimes, Section 287.133, Florida Statutes, a person or affiliate placed on the convicted vendor list following a conviction for a public entity crime may not submit on a contract: to provide any goods or services; for construction or repair of a public building or public work; for leases of real property to a public entity; and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.
The Vendor hereby certifies that: (check box)
The Vendor certifies that no person or affiliates of the Vendor are currently on the convicted vendor list and/or
has not been found to commit a public entity crime, as described in the statutes.
Scrutinized Companies List Certification:Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater than $1 million.
The Vendor hereby certifies that: (check each box)
The Vendor, owners, or principals are aware of the requirements of Sections 287.135, 215.473, and
215.4275, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List; and
If awarded the Contract, the Vendor, owners, or principals will immediately notify the County in writing if any of
its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that
Boycott Israel List.
I hereby certify the information provided in the Vendor Questionnaire and Standard Certifications:
Vendor Name: Thornton Tomasetti
* I certify that I am authorized to sign this solicitation response on behalf of the Vendor as indicated in Certificate as to Corporate Principal, designation letter by Director/Corporate Officer, or other business authorization to bind on
behalf of the Vendor. As the Vendor's authorized representative, I attest that any and all statements, oral, written or otherwise, made in support of the Vendor's response, are accurate, true and correct. I also acknowledge that inaccurate, untruthful, or incorrect statements made in support of the Vendor's response may be used by the
County as a basis for rejection, rescission of the award, or termination of the contract and may also serve as the basis for debarment of Vendor pursuant to Section 21.119 of the Broward County Procurement Code. I certify that the Vendor's response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a response for the same items/services, and is in all respects fair and without collusion or fraud.
I also certify that the Vendor agrees to abide by all terms and conditions of this solicitation, acknowledge and accept all of the solicitation pages as well as any special instructions sheet(s).
Supplier: Thornton Tomasetti
13. Has your firm, its principals, officers or predecessor organization(s) been debarred or suspended by any government entity within the last three years? If yes, specify
details in an attached written response.
Yes No
14. Has your firm, its principals, officers or predecessor organization(s) ever been debarred or suspended by any government entity? If yes, specify details in an attached written response, including the reinstatement date, if granted.
Yes No
15. Has your firm ever failed to complete any services and/or delivery of products during the last three (3) years? If yes, specify details in an attached written response.
Yes No
16. Is your firm or any of its principals or officers currently principals or officers of another organization? If yes, specify details in an attached written response.
Yes No
17. Have any voluntary or involuntary bankruptcy petitions been filed by or against your firm, its parent or subsidiaries or predecessor organizations during the last three
years? If yes, specify details in an attached written response.
Yes No
18. Has your firm's surety ever intervened to assist in the completion of a contract or have Performance and/or Payment Bond claims been made to your firm or its
predecessor's sureties during the last three years? If yes, specify details in an attached written response, including contact information for owner and surety.
Yes No
19. Has your firm ever failed to complete any work awarded to you, services and/or delivery of products during the last three (3) years? If yes, specify details in an
attached written response.
Yes No
20. Has your firm ever been terminated from a contract within the last three years? If
yes, specify details in an attached written response.Yes No
21. Living Wage solicitations only: In determining what, if any, fiscal impacts(s) are a
result of the Ordinance for this solicitation, provide the following for informational purposes only. Response is not considered in determining the award of this contract.Living Wage had an effect on the pricing. Yes No
N/A
If yes, Living Wage increased the pricing by% or decreased the pricing by%.
Derek Wassink Vice President 6/15/18
*AUTHORIZED SIGNATURE/NAME TITLE DATE
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 156
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VOLUME OF PREVIOUS WORK ATTESTATION FORM
The completed and signed form should be returned with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to provide timely may affect the Vendor ’s evaluation. This completed form must be included with the Vendor ’s submittal at the time of the opening deadline to be considered for a Tie Breaker criterion (if applicable).
The calculation for Volume of Previous Work is all amounts paid to the prime Vendor by Broward County Board of County Commissioners at the time of the solicitation opening date within a five-year timeframe. The calculation of Volume of Previous Work for a prime Vendor previously awarded a contract as a member of a Joint Venture firm is based on the actual equity ownership of the Joint Venture firm.
In accordance with Section 21.31.d. of the Broward County Procurement Code, the Vendor with the lowest dollar volume of work previously paid by the County over a five-year period from the date of the submittal opening will receive the Tie Breaker.
Vendor must list all projects it received payment from Broward County Board of County Commissioners during the past five years. If the Vendor is submitting as a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture. The Vendor attests to the following:
Has the Vendor been a member/partner of a Joint Venture firm that was awarded a contract by the
County? Yes No
If Yes, Vendor must submit a Joint Vendor Volume of Work Attestation Form.
Vendor Name:
VOLUME OF PREVIOUS WORK ATTESTATION JOINT VENTURE FORM
If applicable, this form and additional required documentation should be submitted with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit this form and supporting documentation may affect the Vendor ’s evaluation.
The calculation of Volume of Previous Work for a prime Vendor previously awarded a contract as a member of a Joint Venture firm is based on the actual equity ownership of the Joint Venture firm. Volume of Previous Work is not based on the total payments to the Joint Venture firm.
Vendor must list all projects it received payment from Broward County Board of County Commissioners during the past five years as a member of a Joint Venture. The Vendor attests to the following:
Vendor is required to submit an executed Joint Venture agreement(s) and any amendments for each project listed above. Each agreement must be executed prior to the opening date of this solicitation.
Vendor Name:
Supplier: Thornton Tomasetti
Item
No.
Project TitleSolicitation/
Contract
Number:
Department or
Division
Date
Awarded
Paid to Date
Dollar
Amount
1
2
3
4
5
Grand Total
Authorized Signature/ Name Title Date
Item
No.Project Title
Solicitation/
Contract
Number:
Department
or DivisionDate
Awarded
JV
Equity %
Paid to
Date
Dollar
Amount
1
2
3
4
5
Grand Total
Authorized Signature/ Name Title Date
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 157
5
6
VOLUME OF PREVIOUS WORK ATTESTATION FORM
The completed and signed form should be returned with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to provide timely may affect the Vendor ’s evaluation. This completed form must be included with the Vendor ’s submittal at the time of the opening deadline to be considered for a Tie Breaker criterion (if applicable).
The calculation for Volume of Previous Work is all amounts paid to the prime Vendor by Broward County Board of County Commissioners at the time of the solicitation opening date within a five-year timeframe. The calculation of Volume of Previous Work for a prime Vendor previously awarded a contract as a member of a Joint Venture firm is based on the actual equity ownership of the Joint Venture firm.
In accordance with Section 21.31.d. of the Broward County Procurement Code, the Vendor with the lowest dollar volume of work previously paid by the County over a five-year period from the date of the submittal opening will receive the Tie Breaker.
Vendor must list all projects it received payment from Broward County Board of County Commissioners during the past five years. If the Vendor is submitting as a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture. The Vendor attests to the following:
Has the Vendor been a member/partner of a Joint Venture firm that was awarded a contract by the
County? Yes No
If Yes, Vendor must submit a Joint Vendor Volume of Work Attestation Form.
Vendor Name:
VOLUME OF PREVIOUS WORK ATTESTATION JOINT VENTURE FORM
If applicable, this form and additional required documentation should be submitted with the Vendor ’s submittal. If not provided with submittal, the Vendor must submit within three business days of County ’s request. Failure to timely submit this form and supporting documentation may affect the Vendor ’s evaluation.
The calculation of Volume of Previous Work for a prime Vendor previously awarded a contract as a member of a Joint Venture firm is based on the actual equity ownership of the Joint Venture firm. Volume of Previous Work is not based on the total payments to the Joint Venture firm.
Vendor must list all projects it received payment from Broward County Board of County Commissioners during the past five years as a member of a Joint Venture. The Vendor attests to the following:
Vendor is required to submit an executed Joint Venture agreement(s) and any amendments for each project listed above. Each agreement must be executed prior to the opening date of this solicitation.
Vendor Name:
Supplier: Thornton Tomasetti
Item
No.
Project TitleSolicitation/
Contract
Number:
Department or
Division
Date
Awarded
Paid to Date
Dollar
Amount
1
2
3
4
5
Grand Total
Authorized Signature/ Name Title Date
Item
No.Project Title
Solicitation/
Contract
Number:
Department
or DivisionDate
Awarded
JV
Equity %
Paid to
Date
Dollar
Amount
1
2
3
4
5
Grand Total
Authorized Signature/ Name Title Date
PNC2115981P1Broward County Board ofCounty Commissioners
BidSync6/19/2018 p. 158