13-Special Instructions to Vendors BLD2132119B1.pdf

SPECIAL INSTRUCTIONS TO VENDORS

QUOTATION REQUEST OR INVITATION TO BID

Shade Structure Installation

A. Scope This fixed contract is for the furnishing and installation of the shade structure for the Parks and Recreation Division in accordance with the Specifications and Requirements.

B. Contract Type

Definite Quantity Contracts. This solicitation is for a definite quantity of goods or services. Purchase order(s) for the quantity(ies) stated in the solicitation will be issued to the Vendor after notification of award and receipt of all required documents or as otherwise stated in the solicitation.

The County may order additional quantities of up to an additional twenty percent (20%) of the originally specified quantities at any time prior to the expiration of one (1) year after the date of award; if mutually agreed, the awarded Vendor must furnish such additional quantities at the same prices, terms, and conditions as stated in the solicitation and the response. If the County requires delivery within a shorter period than the delivery time specified in the solicitation (if any), and if the awarded 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 provided the County purchases the remainder of the definite quantity from the awarded Vendor under the delivery terms specified in the solicitation.

C. Office of Economic and Small Business Requirements

This solicitation is reserved for Broward County Small Business Enterprise (SBE) firms (SBE Reserve). SBEs and nonSBEs may respond to the solicitation. Refer to the Office of Economic and Small Business Development Requirements: SBE Reserve for requirements and award preference.

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.

The Vendor should submit with their response photographs, drawings, current manufacturer's catalogues, or product literature on the items offered. If not submitted with their response, this information must be submitted within three calendar days after request by Broward County Purchasing Division. Literature should be clearly marked as to each item number. The Vendor’s failure to submit the requested literature and/or catalogues may result in their bid being declared nonresponsive.

F. Requests for Approved Equals

A Vendor may submit a request for determination of approved equal status. Requests must be submitted on the Request for Approved Equals and delivered by email to the Purchasing Agent no later than the deadline for Q&A date, 5:00p.m. Late requests will not be considered. The County’s response to any such request will be issued by addendum.

G. Vendor Responsibilities

The Vendor will be responsible for the provision, installation (if applicable, per Specifications and Requirements & Technical Specifications for Shade Structure Installation), 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 eighty (80) 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

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: CERTIFIED GENERAL CONTRACTOR;

OR

CERTIFIED BUILDING CONTRACTOR;

OR

SPECIALTY STRUCTURE CONTRACTOR;

OR

Broward County: GENERAL BUILDING CONTRACTOR CLASS "A";

[Must be registered with the State]

OR

GENERAL BUILDING CONTRACTOR CLASS "B" ;

[Must be registered with the State]

OR

STRUCTURAL ALUMINUM SCREEN ENCLOSURES SPECIALTY CONTRACTOR;

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 a Pass-thru allowance amount of $6,675 for the below item:

- Permit Fees: $ 6,675

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

R. Recycling Preference

S. Prevailing Wage Rates

T. Liquidated Damages

1. The work to be performed under this contract shall be commenced upon issuance of Purchase Order or

Notice to Proceed, which will not be issued until receipt of all required documents.

2. The work shall be completed and ready for final payment from the time indicated in the Specifications and Requirements from the date indicated in the Second Notice to Proceed.

3. Upon failure of the Vendor to complete the project (Substantial Completion) awarded pursuant to this contract within the specified period of time (plus approved extensions, if any), the Vendor shall pay to the County the sum of two hundred and fifty dollars ($250) for each calendar day (plus approved extensions) after the time specified for completion and readiness for final payment.

4. This amount is not a penalty but liquidated damages to the County. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the County as a consequence of such delay. The Vendor acknowledges and agrees that damages to the County from untimely completion are extremely difficult to determine, and accordingly the Vendor agrees that the amount of liquidated damages provided for herein is the nearest and most exact measure of damages for such delays.

5. The County is authorized to deduct liquidated damage amounts from the monies due to the Vendor for the work under this contract, or as much thereof as the County may, at its own option, deem just and reasonable.

U. Payment

Refer to General Conditions.

V. Additional Information/Instructions

Form Date 10/10/25