15-Special Instructions to Vendors OPN2129609B1 FEMA Emergency Traffic Signal updated.pdf

SPECIAL INSTRUCTIONS TO VENDORS

QUOTATION REQUEST OR INVITATION TO BID

FEMA Emergency Traffic Signal Restoration and Repair

A. Scope This open-end contract is for the purchase of all labor, materials, equipment, services and incidentals for emergency traffic signal restoration, repairs, and related services due to damage and/or loss caused by natural disaster, or following the declaration of a state of emergency for the Broward County Traffic Engineering Division (BCTED) and various other Broward County agencies that may have need of these services and/or products 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 with no renwals. 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

Affirmative Steps – Title 2 CFR. 200.317 – 200.327:

Title 2 CFR. 200.317 – 200.327 applies to this solicitation. The non-Federal entity [Broward County] should ensure that small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms are considered when possible. Such consideration means:

1. These business types are included on solicitation lists;

2. These business types are solicited whenever they are deemed eligible as potential sources;

3. Dividing procurement transactions into separate procurements to permit maximum participation by these business types;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by these small business types;

5. Using organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

6. Requiring the prime contractor, if subcontracts are to be let, to apply the considerations listed in paragraphs (1) through (5) of this section.

D. Funding Requirements (ex. Grant, State, or Federal) Section D.3 of GENERAL CONDITIONS for Quotation Requests and Invitations to Bid (No BCF in Solicitations) is hereby amended as follows:

3. No Prohibited Local Government Programs. If the construction services that are the subject of this solicitation will be paid for with any state- appropriated funds from the State of Florida, then (a) this solicitation is subject to Section 255.0991(2), Florida Statutes; (b) Section B.18 of these General Conditions does not apply to this solicitation; and (c) the Broward County Business Opportunity Act (Section 1-81, et seq., Broward County Code of Ordinances) and any other requirement or preference that would be prohibited under Section 255.0991(2) are not applicable to this solicitation and the resulting contract. If the construction services that are the subject of this solicitation are a public works project and will be paid for with any state-appropriated funds from the State of Florida or any local funds (other than transportation surtax funding), then (a) this solicitation is subject to Section 255.0992, Florida Statutes;

(b) the provisions of Section 440.102(15), Florida Statutes, apply to this solicitation and the resulting contract; and (c) the following provisions and programs do not apply to this solicitation and the resulting contract: (i) the Drug-Free Workplace Program (Section 1-71, et seq., of the Broward County Code of Ordinances); (ii) the Living Wage Ordinance (Section 26-100, et seq., Broward County Code of Ordinances); (iii) the Broward County Prevailing Wage Ordinance (Section 26-5, et seq., Broward County Code of Ordinances); (iv) the Broward County Domestic Partnership Act of 1999 (Section 16½-150, et seq., Broward County Code of Ordinances); (v) the Broward County Workforce Investment Program (Section 19.211, Broward County Administrative Code); (vi) the Construction Apprenticeship Program (Section 26-8, et seq., Broward County Code of Ordinances); (vii) the Broward County Business Opportunity Act (Section 1-81, et seq., Broward County Code of Ordinances) (unless the solicitation is solely funded by local funds other than transportation surtax funding); (viii) the Local Business Tax Receipt Requirements in Section B.18 of General Conditions for this solicitation; and (ix) any other provision or program that is prohibited under Section 255.0992.

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

Not applicable to this solicitation.

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 sixty percent (60%) percent of the total contract price.

H. Fiscal Year End

I. Basis of Award Award of this contract will be made to the three (3) 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

1. The County reserves the right to make multiple awards for this contract.

2. The Primary Contract will be awarded to the low responsive, responsible Vendor (Primary Vendor). If the County elects to make multiple awards, the Secondary Contract and Tertiary Contract (if applicable) will be awarded to the second and third (if applicable) lowest, responsive, responsible Vendors (Secondary Vendor and Tertiary Vendor, if applicable). The County is not obligated to make multiple awards.

3. Purchase Orders issued under the Secondary Contract will be issued if the Primary Vendor is unable to perform or if the County determines that the Primary Vendor's maximum service capacity has been reached (based on outstanding County purchase orders) and the County still needs additional service capacity. Purchase orders will be issued under the Tertiary Contract, if awarded, under the same circumstances as applied to the Secondary Vendor.

K. Price Adjustment/Escalation

L. Maintenance and Service 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 ELECTRICAL CONTRACTOR;

OR

CERTIFIED GENERAL CONTRACTOR;

Broward County: MASTER ELECTRICAL CONTRACTOR_ [Must be registered with the State]

GENERAL BUILDING CONTRACTOR CLASS “A”

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 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 $345,000 for the one (1) year term for the item(s) listed below:

Permits and Inspections Fees: $ 45,000.00 Repair and Replacement Parts: $ 150,000.00 Equipment Rental: $ 150,000.00

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.Not applicable to this solicitation.

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, Purchase Order, or Notice to Proceed.

3. Upon failure of the Vendor to complete the project to Final Completion as 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 One Hundred Dollars ($100.00) for the one (1) year term, 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 Refer to the Federal Emergency Management Administration (FEMA) requirements.

Form Date 10/10/25