FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT PURCHASING DIVISION 115 S. Andrews Avenue, Room 212 Fort Lauderdale, Florida 33301 954-357-6066 FAX 954-357-8535 DATE: TO: THRU: FROM: Evaluation Committee Members Brenda J. Billingsley, Director of Purchasing Jacqueline Chapman, Purchasing Agent II Brenda J. Billingsley Digitally signed by Brenda J. Billingsley DN: cn=brenda J. Billingsley, o=broward County, ou=purchasing Division, email=bbillingsley@broward.org, c=us Date: 2015.05.21 16:01:14-04'00' SUBJECT: REFERENCE: Recommendation Memorandum RFP No. R1223107P1 RFP Name: Tradewinds Park North Equestrian and Farm Site Improvements (a) Procurement Code Subsection 21.83.d (b) Procurement Code Subsection 21.30.f.5 (c) Summary Reports provided by Staff In accordance with reference (a), the Purchasing Director reviews all submittals for responsiveness and recommends to the Evaluation Committee her findings, which the Evaluation Committee may accept or arrive at a different conclusion. Seven (7) submittals were received by the Purchasing Division. There are four responsiveness requirements involving compliance with Lobbyist Registration Requirement Certification, Addenda, Bond Requirement and Domestic partnership Act Requirement. Six (6) proposers are recommended to be evaluated as responsive to the Lobbyist Registration Certification, completion and return of Addenda, Submittal Bond completion and return, and Domestic Partnership Act Requirement. Recreational Design & Construction did not enclose a Submittal Bond at the Request For Proposal (RFP) deadline, so they were determined to be non-responsive. In accordance with reference (b), the Evaluation Committee determines whether or not the firms submitting proposals are responsible. Pursuant to Procurement Code Subsection 21.8.b.64, a responsible firm is one that has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. To assist the Evaluation Committee in this determination, information regarding the disclosure of financial information, litigation history, the Authority to Conduct Business in the State of Florida and any other responsibility requirements of the RFP are provided. A draft of the Purchasing Director s Recommendation Memorandum and the four (4) supporting memoranda from the Office of Economic and Small Business Development, the Finance and Administrative Services Division (FASD), the County Attorney s Office and the Risk Management Division were emailed to proposers with a request that, if the proposers desired to explain any deficiencies noted in their RFP response submittals, they should do so in writing. All written explanations were subsequently reviewed by the Office of Economic and Small Business Development, the Finance and Administrative Services Division (FASD), the County Attorney s Office and Risk Management. A. RESPONSIVENESS RECOMMENDATION Recommendations regarding the responsiveness of proposers to the requirements are based on the following criteria from the RFP: Broward County Board of County Commissioners Mark D. Bogen Beam Furr Dale V.C. Holness Martin David Kiar Chip LaMarca Stacy Ritter Tim Ryan Barbara Sharief Lois Wexler www.broward.org
Page 2 of 8 1. Lobbyist Registration - Certification Recommendations regarding the responsiveness of proposers to the Lobbyist Registration Certification requirements are based on the following criteria from the RFP: A vendor who has retained a lobbyist(s) to lobby in connection with a competitive solicitation 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 Section 1-262, Broward County Code of Ordinances. A Lobbyist Registration Certification Form was attached to the RFP and must be completed and returned upon request by the County if not included in the RFP Submittal Response. After careful review of the information provided in reference (b) against the requirements of the RFP as detailed above, the following recommendations are provided for consideration and final determination by the Evaluation Committee: Recommendation of Responsiveness Remarks Lobbyist Firm Responsive Retained LSN Partners Responsive Not Retained Corporation Responsive Not Retained Responsive Retained Becker & Poliakoff MBR Construction, Inc. Responsive Not Retained Construction, Inc. Responsive Not Retained West Architecture+Design, LLC Responsive Not Retained 2. Addenda It is the responsibility of all potential Vendors to monitor the solicitation for any changing information prior to submitting their response. The following addenda were added to this solicitation and Vendors were required to follow instructions and submit the required information, forms, or acknowledge addendum as instructed: Addendum added March 9, 2015: The Workforce One Investment Program and the Contractor Assurance Statement found in the Office of Economic and Small Business Development County Business Goal participation requirements for a Two-Step solicitation. Addendum added March 12, 2015: Submission of Sealed Submittals Request for Letters of Interest, Request for Proposals, or Request for Qualification. Recommendation of Responsiveness Responsive Responsive Corporation Responsive Responsive MBR Construction, Inc. Responsive Construction, Inc. Responsive West Architecture+Design, LLC Responsive
Page 3 of 8 3. Bond Requirement Vendor must submit an original Submittal Bond in the amount of $10,000 at time of solicitation due date in order to be responsive to solicitation requirements. Failure to submit a Submittal Bond by solicitation due date and time, and in accordance with instructions will deem Vendor nonresponsive. Recommendation of Responsiveness Included with submittal Responsive Responsive Corporation Responsive Responsive MBR Construction, Inc. Responsive Construction, Inc. Non-Responsive No* West Architecture+Design, LLC Responsive * a copy of the bond after the closing date (April 6, 2015) of the solicitation. 4. Domestic partnership Act Requirement This solicitation requires that the Vendor comply with Domestic Partnership Act unless it is exempt from the requirement per Ordinance. Vendors must follow the instructions included in the Domestic Partnership Act Certification Form (Requirement and Tiebreaker) and submit as instructed. Recommendation of Responsiveness Responsive Responsive Will Comply Corporation Responsive Responsive Will Comply MBR Construction, Inc. Responsive Construction, Inc. Responsive Will Not Comply* West Architecture+Design, LLC Responsive Will Comply * Construction, Inc. - Construction, Inc. does not need to comply with the requirements of the County s Domestic Partnership Act because they do not provide benefits to employees spouses. B. RESPONSIBILITY INFORMATION 1. Office of Economic and Small Business Development Program Goal Participation The Broward County Business Opportunity Act of 2012 and the Disadvantaged Business Enterprise Program Title 49 Code of Federal Regulations Part 26 establish the County s policies for participation by Small Business Enterprises (SBE), County Business Enterprises (CBE), and Federal Disadvantaged Business Enterprises (DBE s) in all County contracts. In accordance with the act and the requirements for the Request For Proposal (RFP), in the Step One response, Vendors must confirm their commitment to the desired County Business Enterprise (CBE) participation for this contract is as follows: County Business Enterprise (CBE) - 23%
Page 4 of 8 2. Contractor Assurance Statement The Broward County Opportunity Act of 2012, Ordinance No. 2012-33, Broward County Code of Ordinance requires Vendors to submit a Contractor Assurance Statement on company letterhead, signed by an authorizing signatory of the firm. The Office of Economic and Small Business Development (OESBD) has conducted a review of the Vendors CBE Assurance Statement. All seven (7) firms have signed and submitted the Contractor Assurance Statement affirming that they will comply with the County s non-discrimination policy, acknowledge the percentage goal established for the project, and agree to engage in a good faith effort solicitation to engage Broward County Small Business Development Program firms to achieve the project goals and requirements: Corporation MBR Construction, Inc. Construction, Inc. West Architecture + Design, LLC Remarks 3. Workforce Investment Program Certification The Broward County Workforce Investment Program, Administrative Code, Section 19.211 encourages Vendors to utilize CareeerSource Broward and their contract partners as a first source for employment candidates for work on County-funded projects, and encourages investment in Broward County economic development through the hiring of economically disadvantaged or hard-to-hire individuals. In accordance with the above, vendors must agree to the contractual obligations of Workforce Investment Program Certification by providing authorizing signatory of the firm. OESBD has conducted a review and found all seven (7) firms have signed and submitted the Workforce Investment Program (WIP) Certification form and will comply with the requirements of the WIP Program: Corporation MBR Construction, Inc. Construction, Inc. West Architecture + Design, LLC Remarks 4. Disclosure of Financial Information The information provided below is intended to inform the Evaluation Committee regarding each proposer s disclosure or failure to disclose financial information. The information provided is based on a review by the Finance Division of the Port Everglades Department. The disclosure of financial information by proposers is a matter of responsibility. Each Evaluation Committee member should consider this information in his or her individual assessment of each proposer s responsibility regarding the disclosure of financial information. The following information is provided for consideration and final determination by the Evaluation Committee:
Page 5 of 8 Remarks Responsibility Information (Current Ratio) Provided 2013 and 2012 Financials 2.94 and 2.30* Provided 2013 and 2012 Financials 1.58 and 1.77 Corporation Provided 2013 and 2012 Financials 2.85 and 5.05 Provided 2014 and 2013 Financials 1.77 and 1.37** MBR Construction, Inc. Provided 2014 and 2013 Financials 2.06 and 3.15 Construction, Inc. Provided 2014 and 2013 Financials 1.76 and 1.37 West Architecture + Design, LLC Provided 2014 and 2013 Financials 2.19 and 1.60 * - provided combined financials as and Subsidiaries and Bergeron Sand & Rock Mining, Inc. ** - claimed confidentiality of financials. 5. Disclosure of Litigation History The information provided below is intended to inform the Evaluation Committee regarding each proposer s disclosure or failure to disclose its litigation history. The RFP requests firms 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. It is the responsibility of each proposer to identify and disclose to the County all material cases. Material cases include cases involving work similar to the scope of work in this solicitation, professional negligence, malpractice, default, termination, suspension, poor performance, bankruptcy and business related criminal offenses. Material cases do not include cases that involve garnishment, auto negligence, personal injury, workers' compensation, foreclosure or a proof of claim filed by the vendor. The following information is provided for consideration and final determination by the Evaluation Committee: Responsibility Information Remarks 6 Disclosed Cases 1 Undisclosed Case No Disclosed Cases No Undisclosed Cases Corporation 6 Disclosed Cases No Undisclosed Cases No Disclosed Cases No Undisclosed Cases MBR Construction, Inc. No Disclosed Cases No Undisclosed Cases Construction, Inc. No Disclosed Cases No Undisclosed Cases West Architecture + Design, LLC No Disclosed Cases 8 Undisclosed Cases - disclosed 6 cases or complaints in its RFP submittal. The County Attorney's Office found one (1) undisclosed case. A draft of the Director of Purchasing Recommendation Memorandum was forwarded to for further information about the one (1) undisclosed case. The firm responded in writing to say that the referenced case was deemed to be immaterial to the litigation disclosure requirements of the RFP. West Architecture + Design, LLC disclosed no material cases and complaints and, when requested, did not provide details about the eight (8) cases which had been omitted. The company s responsibility with respect to its disclosure of all business-related litigation for the three-year period as required in the RFP document should be considered by each Evaluation Committee member in evaluating, short listing, and/or ranking West Architecture + Design, LLC.
Page 6 of 8 6. Authority to Conduct Business in Florida A Florida corporation or partnership is required to provide evidence with its response that the firm is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with its response, such evidence must be submitted to the County no later than 5 business days from request of the Purchasing agent. The following information is provided for consideration by the Evaluation Committee: Responsibility Information Remarks Provided Certification Authorized / Good Standing Provided Certification Authorized / Good Standing Corporation Provided Certification Authorized / Good Standing Provided Certification Authorized / Good Standing MBR Construction, Inc. Provided Certification Authorized / Good Standing Construction, Inc. Provided Certification Authorized / Good Standing West Architecture + Design, LLC Provided Certification Authorized / Good Standing 7. LICENSING Vendor shall possess one of the following licenses (including any specified State registration, if applicable) at the time of submittal: The Proposer(s) shall have, at the time of submission for Step I and Step II, the following State of Florida professional or certified licenses and/or County Licenses and specified State Registration or any certification of competency that equals or exceeds those specified, will be considered responsible as indicated below and required by law for their performance of this work. Registered Architect and/or Registered Engineering AND STATE Certified General Contractor OR COUNTY: General Building Contractor A (Must be registered) Corporation MBR Construction, Inc. Construction, Inc. West Architecture + Design, LLC Provided C. STANDARD AGREEMENT LANGUAGE REQUIREMENTS: The information provided below is intended to inform the Evaluation Committee regarding each proposer s acceptance of the County s standard terms and conditions as cited in the RFP solicitation document linked to Broward County Form (BCF) at: http://www.broward.org/purchasing/documents/r1223107p1agreement.pdf
Page 7 of 8 Firm Name Agree Exceptions None None Corporation None None MBR Construction, Inc. None Construction, Inc. None West Architecture + Design, LLC None D. REFERENCES The RFP s Evaluation Criteria Past Performance, Page 25, Questions 3, request that references be provided for previous experience and projects completed by all firms. Attached are the results of the reference checks that were provided to County staff. E. PERFORMANCE EVALUATIONS The Broward County Purchasing Division Contracts Central indicates evaluation scores for the proposing firms for contracts awarded in the past three years. Completed performance evaluations may be provided upon request. The evaluation scores for the proposing firms are as follows: Scores Provided None None Corporation 3.68, 4.00 None MBR Construction, Inc. 3.54, 3.31, 4.27, 3.76, 4.04 Construction, Inc. 3.00, 3.74, 3.31, 4.25 West Architecture + Design, LLC 4.12, 2.75, 4.67 F. VOLUME OF PREVIOUS WORK The RFP States that a number of points will be allocated for volume of previous work of the firm for the past five years. The volume of work for each of the proposing firms is as follows: Proposer Reported County Reported Points $28,427,824 $11,952,479 0 $0.00 $0.00 3 Corporation $1,426,517 $ 2,815,412 3 $0.00 $0.00 3 MBR Construction, Inc. over $10 Million $ 1,376,333 3 Construction, Inc. $0.00 $0.00 3 West Architecture + Design, LLC $4,845,652 $ 4,849,160 2 G. PRINCIPAL BUSINESS LOCATION The RFP states that a number of points will be allocated for location of the firm. A proposer with a principal business location within Broward County will receive five points. A proposer not having its principal business location within Broward County will receive zero points. The results are as follows: Proposer Florida Dept. of State Attested Nerve Center Division of Corporation Local Points Fort Lauderdale, Florida Fort Lauderdale, Florida YES 5 West Palm Beach, Florida West Palm Beach, Florida NO 0 Corporation Pompano Beach, Florida Pompano Beach, Florida YES 5
Page 8 of 8 Fort Lauderdale, Florida Fort Lauderdale, Florida YES 5 MBR Construction, Inc. Fort Lauderdale, Florida Fort Lauderdale, Florida YES 5 Construction, Inc. Oakland Park, Florida Oakland Park, Florida YES 5 West Architecture + Design, LLC Lake Worth, Florida Lake Worth, Florida NO 0 H. INSURANCE The RFP indicated the insurance requirements deemed necessary for this project. It is not necessary to have this level of insurance in effect at the time of submittal, but it is necessary to submit certificates indicating that the firm currently carries the insurance or to submit a letter from the carrier indicating upgrade availability. Corporation MBR Construction, Inc. Construction, Inc. West Architecture + Design, LLC Insurance Attachments c: Mehrdad Fayyaz, Project Manager IV, Highway Construction and Engineering Division, (Project Manager) Karen Walbridge, Purchasing Manager, Purchasing Division Jacqueline Chapman, Purchasing Agent II, Purchasing Division Glenn Miller, Assistant County Attorney, Office of the County Attorney BJB/jc