HomeMy WebLinkAbout07.c EDB RFQ 23-24-A01 Civil and Environmental EngineeringProfessional Services Rev EXECUTIVE SUMMARY
AGENDA ITEM:
Proposed Revision to the Selection of the Civil and Environmental Engineering Professional Services
RFQ NO. 2023/2024-A01 to resolve a protest from J. Collins Engineering Associates, LLC.
Date: June 28, 2024
BACKGROUND:
On June 18, 2024, The Board of Supervisors approved the ranking and award to the top ten (10)
firms that submitted proposals to provide continuing professional Civil and Environmental
Engineering Professional Services. Those contracts will allow the selected consultants to provide
Clay County Utility Authority (CCUA) with specialty services related to planning studies,
evaluations, and implementation of the Capital Improvement Program on an as needed basis.
On June 20, 2024, J. Collins Engineering Associates, LLC. filed a Formal Written Protest
requesting that CCUA include it in the awarded firms, advocating in essence that it was a virtual
tie between the successful tenth(loth)ranked firm, which was included in the award, and J Collins
which was the eleventh(11th)ranked firm. Staff previously recommended the top ten firms which
was approved by the Board action on Junel8th. During the seven (7) day timed period provided
for mutual agreement to settle a solicitation protest under Section 9 of CCUA Resolution No.
2020/2021-06 and s. 120.57(3), Florida Statutes, CCUA management, staff, and legal reviewed
and proposed a settlement of the Collins formal protest by revising the selected ranking list from
the ten(10)to the top eleven(11) ranked firms. During the evaluation process, the eleventh (11th)
firm was found to be only 0.75% behind the tenth (10th)-ranked firm in the total scoring. Given
this slight marginal difference,the staff is agreeable to expand the approved list to include the eleventh
(11th) firm to resolve the protest from J. Collins Associates, LLC. As a result of this proposed
settlement, J. Collins Engineering Associates, LLC. will withdraw the formal protest, conditioned
upon the Board's acceptance of this recommended settlement and the inclusion of J. Collins
Engineering Associates,LLC. as a selected and awarded firm.
//AW(Author)
//AW,JP (Review)
//PS(Final)
RANKED LIST:
Ardurra Group, Inc. 86.25
Jones Edmunds&Associates, Inc. 80.50
CDM Smith, Inc. 80.00
Dewberry Engineers,Inc. 79.25
Carollo Engineers, Inc. 76.00
Kimley-Horn and Associates, Inc. 74.75
Jacobs Engineering Group, Inc. 74.75
Tetra Tech, Inc. 73.00
Mittauer&Associates, Inc. 71.75
Wright-Pierce,Inc. 71.25
J. Collins Engineering Associates, LLC. 70.50
McKim& Creed, Inc. 68.25
Halff Associates, Inc. 68.25
CHA Consulting, Inc. 68.00
Black&Veatch Corporation 67.00
Four Waters Engineering, Inc. 66.00
G-A-I Consults, Inc. 65.00
Weston& Sampson Engineers, Inc. 64.50
Woodard& Curran, Inc. 60.00
Clymer Farmer Barley, Inc. 58.75
Florida Technical Consultants, LLC. 24.75
RECOMMENDATION:
Staff respectfully requests that the Board of Supervisors approve the proposed protest resolution
with the revised ranking to include the eleven(11)top-ranked firms, and authorize the negotiation
and execution of contracts with Ardurra Group Inc., Jones Edmunds and Associates, Inc., CDM
Smith, Inc., Dewberry Engineers Inc., Carollo Engineers Inc., Kimley-Horn and Associates Inc.,
Jacobs Engineering Group, Inc., Tetra Tech Inc, Mittauer & Associates Inc., Wright-Pierce Inc.,
and J. Collins Engineering Associates, LLC.
ATTACHMENTS:
J. Collins Engineering Associates, LLC. Formal Written Protest
J. Collins Engineering Associates, LLC. Withdrawal of Protest
//AW(Author)
//AW,JP (Review)
//PS(Final)
J. COLLINS ENGINEERING ASSOCIATES, LLC
12412 San Jose Blvd.; Suite 204
Jacksonville,FL 32223
(904) 262-4121
(904)761-6282(Cell)
john@jeollinsengineering.com
June 20, 2024
Angelia C. Wilson, MPA
Procurement Manager
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068
Re: Subject: RFQ No. 2023/2024-A01—Civil and Environmental Professional
Engineering Services
NOTICE OF PROTEST AND FORMAL WRITTEN PROTEST
Dear Ms. Wilson and Selection Committee Members:
Pursuant to CCUA Resolution No. 2020/2021-06 and Fla. Stat. § 120.57(3), J. Collins
Engineering Associates, LLC (JCEA) hereby files its notice of protest and companion
formal written protest for the recent award of the subject RFQ No. 2023/2024-A01. This
correspondence is being delivered to you, in your capacity as Procurement Manager, in
accordance with Section 9 of Resolution No. 2020/2021-06 and the provisions of the
RFQ. Please advise me immediately if this notice and written protest should be delivered
to another representative of CCUA.
The written protest is in accordance with CCUA guides contained in the RFQ under 4.25.
Remedies to disputes during the RFQ process.
• 4.25.1. Protest of Award or Decision to Award after exhaustion of administrative
proceeding: Consultants shall submit a written notice of protest within seventy-
two (72) hours following CCUA's posting of the recommendation for selection of
Successful Consultants.
• 4.25.1.1. CCUA's Procurement Department shall provide protest procedures stated
in Resolution Number 2020/2021-06, or its successor resolution, upon request of
a Consultant.
Summary of RFQ Selection Process
The CCUA procurement virtual meeting was held on June 13, 2024, with selection
committee members. JCEA joined the online virtual meeting. During the meeting, the
selection committee discussed a number of scores of the twenty-one (21) engineering
firm submittals. The final selection was 10 engineering firms. A final spreadsheet of
ranked firms is attached. The meeting was recorded, and a copy was provided to JCEA.
While listening to the meeting online and confirmed by the recorded audio copy of the
meeting, Paul Steinbrecher spoke first and discussed his personal ranking of the
engineering firms. He first reviewed his higher ranked firms starting at Number 1 until he
Ms. A Wilson
June 20, 2024
got to his Number 10 ranked firm. He stated some of the higher ranked firms did have
local staffing or delivery issues, but all those firms had worked out those problems. On
the firm that he rated Number 7, he stated they were lightly staffed in the local office with
most of the support coming from Orlando. He also stated he gave high marks to their
staff and subconsultants. JCEA was his selection for Number 9 out of the 21 firms. (the
final selection was 10 firms). On JCEA, he stated they were a "small firm, individual firm
— using a lot of subconsultants -they have done good projects for us before - one or two
staff members directing subconsultants so that is why they got a lower score." At the end
of the meeting, the final score had JCEA ranked 11 (outside of the top 10).
Summary of Protest
The RFQ did not address or disclose that the score by the committee would take into
consideration the amount of work that would be performed by subconsultants rather than
by employees or principals of the Consultant (a small firm penalty). There was no
grading in the RFQ instructions that a consultant would be scored lower for having "too
many subconsultants." As a result, the scoring of JCEA deviated from the evaluation
criteria stated in the RFQ and was arbitrary and capricious. The application of
undisclosed scoring criteria is inconsistent with the fairness that should be inherent in
the RFQ process.
RFQ Scoring Guidelines
The RFQ did not detail to the Consultant Firms that CCUA would take into consideration
the amount of work that has to be performed by JCEA staff as opposed to the amount of
subconsultants that would be used. There was no grading in the RFQ instructions that a
Firm would be scored lower based on the number of subconsultants to be used. This
item was not stated as an evaluation criterion in the RFQ. Mr. Steinbrecher stated he
lowered JCEA's score because they use "too many subconsultants."
JCEA carefully followed the RFQ guidelines and made a significant effort to closely
review the required deliverables and to determine the basis of the scoring.
RFQ References to the use of subconsultants
6.4.2.2. One person may serve in one or more key roles provided the Consultant can
demonstrate proficiency in each role. All key personnel can either be on the Consultant's
staff or a sub-consultant except the Client Service Manager and Project/Design Manager
shall be employees of the Consultant.
6.4.3.1. The Consultant shall include an organizational chart for key personnel listed
above that will be assigned to CCUA projects to address typical services that would be
requested in this RFQ, including sub-consultants, identifying the individual staff member,
Consultant's name, and office locations of each member.
JCEA Response —These two statements above recognize that Consultants will be
using subconsultants as a matter of normal engineering business practice. There is no
mention of or reference to any maximum or limiting number of sub-consultants which
may be utilized to perform the services detailed in the RFQ.
6.4.4.2. Consultant and Sub-consultant Experience Working Together: In addition, the
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Ms. A Wilson
June 20, 2024
Consultant shall describe the working relationship with the subconsultants listed with the
Consultant's key team members above. Include the number of sub-consultant's
assignments in the last three (3) years and a brief description of the services provided
for those assignments.
JCEA's submitted CCUA proposal — Per the RFQ, JCEA detailed long-term working
relationships with subconsultants who have worked with JCEA (most of these have
worked with us for fifteen or more years as part of the same team). The RFQ stated that
a list is to be prepared of subconsultants that have worked with JCEA's for the last three
years. JCEA self-performed most of our work without subconsultants during this time
(minimal use of subconsultants —work involved several WTP and WWTP rehabilitation
projects with limited need for structural or mechanical sub-consultants).
6.4.8.1.4. Describe any working relationship with sub-consultants that will be used
for this project.
JCEA's submitted CCUA proposal — Per the RFQ, for the Company Experience and
Past Performance section, JCEA provided subconsultants who have a long-term working
and professional relationship with JCEA.
RFQ References to Scoring
OVERVIEW OF SCORING FOR THE SELECTION CRITERIA
Category Points
1.Professional Staff Experience 40
2. Consultant and Sub-consultant Experience Working Together 8
3. Proximity 9
4. Past Performance on CCUA Projects 9
5. Sample Projects Approach 20
6. Company Project Experience and Past Performance 12
7. Other 2
TOTAL: 100
7.2.4.2. Consultant and Sub-consultant Experience Working Together(3 points): This
sub-section scores are based on the completeness of the information provided by the
Consultant that describes the working relationship of key personnel presented above
and the number of previous assignments with the sub-consultants listed.
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Ms. A Wilson
June 20, 2024
Grounds for JCEA's Protest
"While a public authority has wide discretion in award of contracts for public works on
competitive bids, such discretion must be exercised based upon clearly defined criteria
and may not be exercised arbitrarily or capriciously." City of Sweetwater v. Solo
Constr. Corp., 823 So. 2d 798, 802 (Fla. 3d DCA 2002) (emphasis added). In City of
Sweetwater, the court overturned an award that was "based upon criteria that were
neither included in the bid documents nor clearly defined in any manner whatsoever." Id.
The court further found that the award violated the arbitrary and capricious standard
because the award process "seemed to be improvised as it went along" and was based
on "fundamentally flawed logic." Id.
There is no scoring criterion in the RFQ relative to a firm having "too many
subconsultants." In the June 13, 2024, CCUA virtual procurement meeting, the
statement was made that JCEA's score was reduced due to having "too many
subconsultants". If this were listed in the RFQ, JCEA would have prepared a different
proposal. The reduction in JCEA's score based on criteria not included in the RFQ was
arbitrary and capricious, in violation of Florida law. Similar to the award in City of
Sweetwater, the reliance on criteria not included in the RFQ as a basis for the award
was fundamentally flawed and the scoring process seemed to be improvised as it went
along, as demonstrated herein.
Small or Minority Business - The RFQ clearly states that CCUA will take all steps to
ensure that small, minority or women-owned businesses can compete for CCUA
business.
4.6.2. CCUA encourages the recruitment and use of small, minority, women, and
service-disabled veteran businesses. CCUA, and those contracting with CCUA, should
take necessary and reasonable steps to ensure that small, minority, and service-
disabled veteran businesses can compete for and perform services for CCUA in a
nondiscriminatory environment.
All the ten selected firms are national or statewide engineering firms except for one
locally formed engineering business (Ranked Number 9). During the virtual meeting, this
firm was described as "extremely local." JCEA is also "extremely local." It was stated
during the virtual meeting, that one of the national firms with a local office was described
as "lightly in local resources" (most of the resources in Orlando).
In addition, JCEA has worked for CCUA continuously since 2009 (all 5-year contracts).
Only 1 of the 10 other firms has worked for CCUA that long. Note that John Collins was
Regional Manager of the local office of Gee & Jenson, who performed under a CCUA
continuing contract in the 1990s and conducted large projects for CCUA. JCEA has
performed successful projects at every CCUA WTP and WWTP and conducted site
visits and engineering assessments at over one hundred (100) CCUA pumping stations.
Only one other firm in the selection of 10 has anywhere close to that level of CCUA
experience. Also note that at least three of the 10 firms selected have not previously
been under a CCUA Continuing Engineering Contract.
During the ranking/procurement meeting held on June 13, 2024, it was stated that JCEA
did good projects for CCUA. There was no mention of delivery, personnel, or quality
issues like some of the selected 10 firms.
4
Ms. A Wilson
June 20, 2024
A small business almost by definition cannot have all disciplines "in house" and must
use subconsultants. Using subconsultants does not necessarily mean that the resulting
work will in any way be substandard. Just the opposite in fact; a small business can
select the right sub consultants for the job. Having in-house specialty disciplines is no
guarantee of higher quality work product. On the contrary, JCEA has worked with larger
consulting firms which had noticeably inferior in-house specialty disciplines. CCUA
needs to recognize that just by having all disciplines in house does not guarantee a
better job outcome. In addition, the staff associated with our long-term subconsultants
have approximately two decades of engineering experience, work seamlessly with
JCEA, and deliver excellent results.
In addition to JCEA being a small business formed in Jacksonville, we included a well-
qualified local Women Owned Engineering Business located in Green Cove Springs
(Clay County).
Other Factors
During the virtual meeting last week, committee members discussed the completed
ranking scoring on some of the higher ranked firms. Most of the scoring between the
higher ranked firms was closely ranked between the four committee members. On the
final ranking of firms (Number 6), one of reviewer's score was higher than the other three
reviewers and the statement was made that the higher score should probably be re-
evaluated because the score may be out of line with the others. This was not discussed
in the case of JCEA (three 9 ratings and one 13). This would have changed the
outcome.
Scoring and reasonable evaluation of the scores between four committee members
should have been considered. Why this makes a difference is because the score of the
firms ranked at 9, 10, and 11 were so close. The difference in the scoring of 10 and 11
was only 0.2 points. Number 10's office in Jacksonville is a more recent addition to the
area compared to the list of 21 firms and they have never worked for CCUA.
Final Ranking of Number 9: Total Score = 9.5
Final Ranking of Number 10: Total Score = 9.8
Final Ranking of Number 11: Total Score= 10 (which is in the top 10 score wise).
This is virtually a tie between the 10 and 11 position. If the above is compared to the
Final Ranking in total points of Number 12 = 12.5 and Number 10 =10, the difference is
much greater in separation.
In addition, three of the four reviewers ranked JCEA as 9 while one ranked at 13.
Number 10 firm only had 2 reviewers rank the firm in the top 10 (11,7, 9 &12).
Of great concern is that most of the work associated with this RFQ (as was stated in the
June 13, 2024, meeting) is referred to as "Intermediate Projects". Per the RFQ, "CCUA,
should take necessary and reasonable steps to ensure that small, minority, and service-
disabled veteran businesses can compete for and perform services for CCUA in a
nondiscriminatory environment."JCEA is a small business and like only one of the 10
firms selected is "extremely local". The other 9 were national or statewide firms. A
smaller firm with broad, long-term CCUA institutional knowledge of almost twenty years,
5
Ms. A Wilson
June 20, 2024
and that is truly a local firm, is much more suited than national firms to perform these
types of projects.
Requested Relief
This award should be revised to include JCEA among the firms that will provide
continuing Professional Engineering services to CCUA.JCEA does not believe there are
any facts in dispute. Therefore, JCEA requests: (1) a hearing before the quasi-judicial
body designated by CCUA to conduct proceedings in accordance with Fla. Stat. §
120.57(3)(d)2; (2) an opportunity for JCEA or its counsel to present evidence and
argument in support of this protest; and (3) a decision or order awarding JCEA a
continuing Professional Services contract in accordance with the RFQ.
If you have any questions, please call (904) 716-6282.
Sincerely yours,
John Collins, P.E.
President
J. Collins Engineering Associates, LLC
6
Ms. A Wilson
June 20, 2024
Ranking Matrix
/r i ! I , r
11 /1 /:
_/1 /I /f /i /I /I /I /i ,1/ 1 / r. 1' r 6 ;1 j1"and%
Pau rt'e.-ner 1 16 13 4 10 20 2 21 14 11 15 9 6 3 3 17 6 7 19 15 14
Demo M.. 1 13 3 3 12 13 6 21 20 17 7 9 3 2 12 10 17 10 17 15
JzeFv aamnit 1 2 6 3 15 20 21 13 16 16 3 3 2 4 9 11 7 13 16
Dsrc COMMA 1 13 2 4 5 20 2 21 12 13 14 9 6 4 5 17 6 8 13 15 2
1.0 14.0 60 3-3 14.0 133 43 210 14.3 15.0 13.0 101 77 2-8 7.3 123 5.5 30 17.5 113 93
Cataloged Pamir?. 114 e 3 14 15 4 21 16 17 3 11 3 2 7 2 9 E 16 15 10
SIMMS
Pau a^e ntreJRr 35 23 70 72 65 74 73 17 73 72 59 74 7 65 30 57 79 _ 63 60 72
15a7N/.342T 71 63 71 71 62 63 70 2E 36 64 6. 68 72 72 E6 67 64 67 63 33 69
Jxepe Pamnit .. .5 .2 67 72 53 E1 3E 74 73 73 74 33 9E E6 .0 r 31 74 .. 30
Dore Oerrraw 35 39 10 76 66 47 33 10 64 31 62 66 Ti 78 se 39 73 67 79 30 54
337 223 323 33E 265 221 305 .51 264 2E0 273 2E2 295 323 256 2..3 229 222 239 235 233
7
J. COLLINS ENGINEERING ASSOCIATES, LLC
12412 San Jose Blvd.;Suite 204
Jacksonville,FL 32223
(904) 262-4121
(904)761-6282(Cell)
john@jcollinsengineering.com
June 25, 2024
Angelia C. Wilson, MPA
Procurement Manager
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068
Re: Subject: RFQ No. 2023/2024-A01—Civil and Environmental Professional
Engineering Services
NOTICE OF WITHDRAWAL OF PROTEST/FORMAL WRITTEN PROTEST
Dear Ms. Wilson and Selection Committee Members:
Per our discussion today and your email response attached, CCUA staff has reviewed J
Collins Engineering Associates, LLC's (JCEA) June 20, 2024, Notice of Protest
concerning RFQ No. 2023/2024-A01 and offers settlement of the Protest. At the next
CCUA Board meeting, it is the intention that CCUA will provide recommendations that
revise the ranking and recommend award to include eleven (11) firms which includes J.
Collins Engineering Associates, LLC (JCEA). Upon CCUA Board approval, this CCUA
decision will award JCEA a continuing Professional Services contract in accordance with
the RFQ.
Our response is that we accept this settlement offer and JCEA agrees to withdraw our
protest and companion formal written protest for the recent award of the subject RFQ
No. 2023/2024-A01 after Board approval of the revised ranking recommendation.
If you have any questions, please call (904) 716-6282.
Sincerely yours,
John Collins, P.E.
President
J. Collins Engineering Associates, LLC
john jcollinsengineering.com
From: Angelia Wilson <awilson@clayutility.org>
Sent: Tuesday, June 25, 2024 2:01 PM
To: John jcollinsengineering.com; Darrin Parker; Web Procurement
Subject: RE: RFQ No. 2023/2024-A01
Good Afternoon John,
Per our conversation, CCUA has received and reviewed your notice of protest. CCUA Staff has decided to submit a
proposed settlement to the Board of Supervisors to revise the previous recommendation to the top 11 Firms. If you
approve, please submit the withdraw of protest to me and I will include the letter in the Board document for approval.
Thanks,
Angelia C. Wilson, MPA M 904-484-8035
Procurement Manager P 904-213-2447
E awilson@clayutility.org
`,01 co Clay Clay County Utility Authority
3176 Old Jennings Road
I'fi �, Middleburg, Florida 32068
'(14Allp0 www.clayutility.org
From:john jcollinsengineering.com<john@jcollinsengineering.com>
Sent:Thursday,June 20, 2024 3:03 PM
To: Darrin Parker<dgparker@clayutility.org>;Web Procurement<procurement@clayutility.org>
Subject: RE: RFQ No. 2023/2024-A01
Please find the Protest document for the subject RFQ. Let me know if any questions.
John Collins, PE
J.Collins Engineering Associates, LLC(JCEA)
12412 San Jose Blvd.; Suite 204
Jacksonville, FL 32223
904-262-4121 (0)
904-716-6282 (C )
From: Darrin Parker<dgparker@clayutility.org>
Sent:Thursday,June 20, 2024 8:54 AM
To:john jcollinsengineering.com<john@icollinsengineering.com>;Web Procurement<procurement@clayutility.org>
Subject: RE: RFQ No. 2023/2024-A01
Good Morning John:
i
I can confirm that there is no requirement to post a bond in order to file a protest.
Let me know if you have further questions. Thanks!
Darrin G. Parker M 904-445-9958
Contract&Procurement P 904 213 2474
Specialist E dgparker@clayutility.org
Clay County Utility Authority
couy Dy.
3176 Old Jennings Road
Middleburg, Florida 32068
�?� • www.clayutility.orq
From:john jcollinsengineering.com<john@icollinsengineering.com>
Sent:Thursday,June 20, 2024 8:17 AM
To:Web Procurement<procurement@clavutilitv.org>
Subject: RE: RFQ No. 2023/2024-A01
Hi- please confirm there is no requirement to post a bond to file a protest.
Thanks,
John Collins, PE
J. Collins Engineering Associates, LLC(JCEA)
12412 San Jose Blvd; Suite 204
Jacksonville, FL 32223
904-262-4121
904-716-6282 (cell)
From:john jcollinsengineering.com
Sent:Wednesday,June 12,2024 8:50 AM
To: procurement@clayutility.org
Subject: RE: RFQ No. 2023/2024-A01
Hi - I would like to review some of the proposals (rated 1 -9). Let me know.
Thanks
John Collins, PE
J. Collins Engineering Associates, LLC(JCEA)
12412 San Jose Blvd.; Suite 204
Jacksonville, FL 32223
904-262-4121 (0)
904-716-6282 (C )
2
From:John jcollinsengineering.com
Sent: Friday,June 7, 2024 4:46 PM
To: procurement@clayutility.org
Subject: RFQ No. 2023/2024-A01
Hi, we would desire to receive a copy of the rankings spreadsheet shown in the virtual meeting yesterday as well as
the meeting recording.
I would also like a copy of CCUA's Procurement Department protest procedures stated in
Resolution Number 2020/2021-06, or its successor resolution.
Last items under 4.25.2. Disputes, can you provide a clarification of what this is used for?
Thanks,
John Collins, PE
J.Collins Engineering Associates, LLC(JCEA)
12412 San Jose Blvd.; Suite 204
Jacksonville, FL 32223
904-262-4121 (0)
904-716-6282 (C )
Florida has a very broad Public Records Law. Virtually all written communications to or from CCUA and
its employees are public record and are subject to disclosure to the public and media upon request.
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public-records request, do not send electronic mail to this entity. Instead, contact this
office by phone or in writing. The information contained in this email and/or attachment(s) may be
confidential and intended solely for the use of the individual or entity to whom it is addressed.
Florida has a very broad Public Records Law. Virtually all written communications to or from CCUA and
its employees are public record and are subject to disclosure to the public and media upon request.
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public-records request, do not send electronic mail to this entity. Instead, contact this
office by phone or in writing. The information contained in this email and/or attachment(s) may be
confidential and intended solely for the use of the individual or entity to whom it is addressed.
3