11-Special Instructions to Vendors BLD2131859B1.pdf

SPECIAL INSTRUCTIONS TO VENDORS

QUOTATION REQUEST OR INVITATION TO BID

Drainage and Sewer Infrastructure Maintenance

A. Scope This open-end contract is for the furnishing of all labor, materials, equipment, services, and incidentals necessary to clean and maintain stormwater and wastewater infrastructure for the Broward County Port Everglades Department in accordance with the Specifications and Requirements.

B. Contract Type

Open-End/Indefinite Quantity Contracts. This solicitation is not for a definite quantity of goods or services and is for an open-end/indefinite quantity contract. The County shall purchase the guaranteed minimum quantity of goods or services (if any) stated in the solicitation but may exceed that minimum amount, and the Contractor shall provide all amounts ordered by the County, limited only by any maximum quantity stated in the solicitation. The County may issue purchase orders on this solicitation as and when required; issue a blanket purchase order for individual agencies; issue instructions for use of direct purchase orders by various County agencies; procure amounts above any stated guaranteed minimum quantity by any method from any other source(s); or do any combination of the foregoing. No delivery of goods or performance of services shall become due or be accepted without a written purchase order and delivery instruction by the County, unless otherwise expressly provided in the solicitation. Such order will contain the quantity, time of delivery, and other pertinent data. If the County requires delivery within a shorter period than the delivery time specified in the solicitation (if any), and if the Vendor is unable to deliver by that time at the contracted price, the County may obtain such delivery from other sources, without penalty or prejudice to the County, and such shall not be a violation of the contract.

There is no guaranteed minimum quantity of goods or services. Any quantities stated are estimates only.

Contract Term/Period: The initial contract period shall start on date of award, or upon expiration of the current contract, whichever is later, and shall terminate one (1) year from that date. The Director of Purchasing may renew this contract for four (4) one-year periods subject to Vendor acceptance, Vendor satisfactory performance, and the Director of Purchasing’s determination that renewal will be in the best interest of the County. Notification of intent to renew will be sent in advance of expiration date of this contract. The Vendor must complete delivery, and the County will receive delivery, on any orders issued by the County to the Vendor prior to the date of expiration.

C. Office of Economic and Small Business Requirements

This solicitation is reserved for Broward County Business Enterprise (CBE) firms. CBEs and nonCBEs may respond to the solicitation. Refer to the Office of Economic and Small Business Development Requirements: CBE Reserve and submit all required forms and information as instructed.

D. Funding Requirements (ex. Grant, State, or Federal)

Not applicable to this solicitation.

E. Specifications and Requirements The Specifications and Requirements included apply to this solicitation. If the Specifications and Requirements reference a third party (i.e., manufacturer, applicator, subcontractor, etc.), the reference is to be construed as the Vendor through the third party.

The product offered by the Vendor must, on an overall basis, be equal or greater in quality or performance than the Specifications and Requirements. Broward County shall be the sole judge of what constitutes equal or greater in quality or performance. Submittals that do not comply with Specifications and Requirements are subject to rejection.

F. Requests for Approved Equals

G. Vendor Responsibilities The Vendor will be responsible for the provision, installation (if applicable, per Specifications and Requirements, and performance of all equipment, materials, services, etc. offered in their submittal. The Vendor is not relieved of responsibility for the performance of all equipment furnished, or of ensuring timely delivery of materials, equipment, etc., even if the equipment or materials are not of their own manufacture.

The Vendor must itself perform, without subcontracting or other forms of outsourcing, work that constitutes at least ninety five (95) percent of the total contract price.

H. Fiscal Year End

I. Basis of Award Award of this contract will be made to the lowest responsive, responsible bidder on a total bid price (sum of all items) basis. The County reserves the right to award on a group basis (if applicable), item by item basis or total bid price basis, whichever is deemed to be in the County’s best interest, in accordance with General Conditions, Section B.7.

J. Multiple Awards

K. Price Adjustment/Escalation No price increases will be allowed during the initial contract period. For any renewal term, the Vendor may request a price increase in accordance with the Price Escalation Procedure below.

Price Escalation Procedure:

To seek a price increase, a Vendor must submit a written request to the County at least ninety (90) days prior to the renewal term or expiration of the renewal period. The Vendor must supply documentation to substantiate the requested increase. The request must include the proposed amount and effective date of the increase.

The Director of Purchasing may refuse to grant the requested price increase as not properly documented or excessive. If the Director of Purchasing refuses the requested price increase and the matter cannot be resolved to the satisfaction of the County, the Vendor shall continue to perform under the contract at the existing contracted price(s) to the end of the then current term, including completing delivery on any orders placed with the Vendor prior to the end of the then current term. Failure to complete delivery shall be grounds for cause the Contractor to be suspended and/or debarred from doing business with the County pursuant to the Broward County Procurement Code Section 21.73, Authority to Debar or Suspend.

If the Director of Purchasing approves a price increase, the increase shall be no greater than (unless specifically approved otherwise by the Director of Purchasing), the difference of Consumer Price Index (CPI) or Producer Price Index (PPI) of the current period less CPI/PPI previous period, divided by CPI/PPI previous period, times 100 (only one index may be used in formula calculation). The CPI/PPI current period shall mean the most recent month for the contract period index prior to Vendor’s written request. The CPI/PPI previous period shall mean for the same month of the prior year. All indices shall be obtained from the U.S. Department of Labor Statistics. For example:

Consumer Price Index - All Urban Consumers (Series ID CUURA320SA0) for the area of Miami-Fort Lauderdale, FL (All Items), with a base period of 2020-22 = 100, and not seasonally adjusted.

The Purchasing Division will notify the using agencies and the Vendor in writing of the effective date of any approved price increase. If a request for price increase is approved, the new price(s) will apply only to the orders placed after the later of the date of the County’s approval or the effective date proposed in the Vendor's request for a price increase; orders placed earlier will be invoiced at the unit price in effect at the time the order was placed.

Price De-Escalation:

If a supplier issues revisions, supplements, or replacements to the product lists, catalogs and/or price lists previously submitted to the County, any one of which reflects a decrease in the unit price of an item covered by the contract, the Vendor must notify the County of the price decrease within thirty (30) days of the notification from the supplier to the Vendor of the price decrease.

When the County receives notice of a price decrease of an item, the County may request the same reduction in price from the Vendor. The County shall make such request in writing. If agreed to by the Vendor, the decrease shall go into effect on the same day that the supplier of the item provides the decrease to the Vendor.

If the Vendor does not agree to the requested decrease, the Vendor must notify the County in writing no later than ten (10) business days after the County’s request. If the Vendor fails to timely notify the County of its nonacceptance, then the Vendor shall be deemed to have approved the price decrease. If the Vendor timely notifies the County of its nonacceptance, then the County may, upon written notice to the Vendor, terminate the contract for cause.

L. Maintenance and Service Requirements Refer to Specifications and Requirements

M. Licensing Requirements Proof of licensing should be returned with the Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days after the County’s request. Vendors may be deemed nonresponsive for failure to fully comply with stated timeframes.

In order to be considered a responsible and responsive Vendor for the scope of work set forth in this solicitation, the Vendor must possess the license(s) indicated below (including any specified State registration, if applicable) at the time of solicitation submittal. Any certificate of competency that meets or exceeds the licensing requirements specified herein, as determined in the sole and absolute discretion of the County, will be considered responsible and responsive to the licensing requirements of this solicitation.

State of Florida License: UNDERGROUND UTILITY AND EXCAVATION CONTRACTOR

OR

Broward County: UNDERGROUND UTILITY AND EXCAVATION CONTRACTOR [Must be registered with the State]

Any work performed under this contract that requires licensure or registration must be performed by a licensed or registered contractor or subcontractor, as applicable.

Joint Venture submittal requirements (If applicable):

A Joint Venture should submit satisfactory proof with its submittal that the Joint Venture, or at least one of the Joint Venture partners, shall be required to possess one of the above licenses (including any specified State registration, if applicable) at the time of submittal. If not submitted with its response, the Joint Venture must submit such proof within three business days of County’s written request. A Joint Venture may be deemed non-responsive for failure to comply within stated timeframes.

If a Joint Venture is recommended for contract award, it must either 1) submit satisfactory proof that the Joint Venture holds the specified license (if applicable) or that a licensed contractor has qualified the Joint Venture, or

2) provide satisfactory proof it applied for the specified license (if applicable) or the licensee has applied to qualify the Joint Venture, within three business days of County’s written request. The license or qualification, as applicable, in the name of the Joint Venture, must be effective prior to contract execution.

Additional submittal requirements (for construction services only):

A Joint Venture proposer should submit satisfactory proof with its submittal that the Joint Venture complies with all applicable legal requirements, including but not limited to, Section 489.119, Florida Statutes and Rule 61G4- 15.0022, Florida Administrative Code, at time of submittal. If not submitted with its response, the Joint Venture must submit such proof within three business days of County’s written request. A Joint Venture may be deemed non-responsive for failure to comply within stated timeframes.

N. Certification Requirements

O. Permits and Fees (For Agencies other than Broward County) The Vendor must procure and pay for all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. The cost of all permits, fees, etc., shall be included in price bid except where noted in the Section P, Allowances.

P. Allowances This solicitation includes pass-thru allowances. It is not necessary to add your allowance amounts into your bid prices. The County will add the allowance amount to the bid offer.

The solicitation includes an annual allowance amount of $ 75,000 for the below item(s):

Permits/Dumping Fees: $ 75,000

The following shall apply to payment of allowances:

1. The allowance amount is an estimate only; payment is not guaranteed and is only paid based on actual costs incurred by the Vendor for the identified allowance.

2. The Contract Administrator or designee must authorize use of any allowances (per Specifications and Requirements) prior to Vendor incurring costs related to an allowance amount.

3. No markup or additional fees are allowed on payment of allowance items. This includes, but is not limited to, overhead, profit, “runner’s fees”, etc.

4. Allowances for Permit Fees: payment for permit fees does not include licenses, permit expediting services, re-inspection fees, and expired permit fees. Proof of permit fee(s) shall be submitted with Vendor’s invoice for payment.

5. Allowance for Parts on a Pass Thru: Vendor must charge the County the same invoice prices as it is charged by its suppliers. A copy of the Vendor’s invoice(s) from supplier(s) for approved parts and materials shall be submitted with the Vendor’s invoice for payment. In cases where the Vendor manufactures its own parts, Vendor will charge the County a price no higher than it charges its most favored customer.

Q. Public Bid Disclosure Act

In compliance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each permit, license, impact, inspection, and/or certificate of occupancy fee that will be payable by the Vendor to the County by virtue of this work/project (before or during construction) is set forth below, and includes the dollar amount or the percentage method or unit method to be paid of all permits, licenses, and/or fees.

The using agency will be responsible for paying for any and all permit, license, impact, inspection, and/or certificate of occupancy fees imposed on the work by Broward County. This does not alleviate the Vendor from the obligation to file any necessary applications or obtain any necessary permits or licenses.

Licenses, permits, and fees that may be required by the State of Florida, State agencies, or other local governmental entities are not included in the above list.

R. Recycling Preference

S. Prevailing Wage Rates

T. Liquidated Damages Refer to OESBD CBE Goal Participation or CBE Reserve for more information.

U. Payment Refer to General Conditions.

V. Additional Information/Instructions

Form Date 10/10/25