16-FDOT - Required Addendum to the Special Instructions to Vendors.pdf

PRELIMINARY SPECIAL INSTRUCTIONS TO VENDORS (IN ADDITION TO GENERAL CONDITIONS)

SPECIAL INSTRUCTION PROVISIONS TO THIS SOLICITATION:

This Royal Palm Boulevard from East of University Drive to Riverside Drive construc�on project (Project) is par�ally funded through a Florida Department of Transporta�on (FDOT) Local Agency Program (LAP) Agreement which is funded with federal funds. As such, the following addi�onal provisions apply to this Solicita�on:

- Adver�sement: Broward County (County) may not adver�se un�l authoriza�on has been received from FDOT. Adver�sement must be a minimum of 21 days, or a minimum of 30 days for construc�on projects es�mated to cost more than $500,000. The project must be adver�sed in a manner that reaches all interested bidders and must reach a regional audience at a minimum. Addenda must receive FDOT concurrence prior to publica�on.

- Contractor Purchased Equipment for State or Local Ownership: Provisions of Contractor Purchased Equipment for State or Local Ownership (2 CFR 200.313, 23 U.S.C. 302, 23 CFR

140) shall not be permited in this Contract.

- Equipment Rental and Rates: County and contractor must comply with the cost principles and procedures set forth in 48 CFR 31. Reasonable costs of ren�ng construc�on equipment are allowable, but the allowability of charges of the equipment rentals for any division, subsidiary, or organiza�on under the common control of the contractor will be determined in accordance with 48 CFR 31.205-36(b)(3).

- Incen�ve/ Disincen�ve Clause: County will not incorporate an incen�ve/disincen�ve clause in its Contract or Solicita�on pursuant to 23 CFR 636.127.

- Local/State Hiring Preference: Local hiring preferences are not allowed in this Contract due to federal funding. Local preference must also not be applied in a �e-breaking scenario in the event of iden�cal bids. Examples of preference programs include: in-state or local business; loca�on of contractor; limita�ons in purchasing of materials; use of disadvantaged, minority or small business enterprises; local economic development hiring prac�ces or programs; targeted hiring prac�ces or programs (e.g. homeless, welfare-to-work, veterans); or exclusionary business preferences not based on federal sanc�ons.

- Method of Construc�on (or Method of Bidding): This Contract shall be awarded only to the lowest responsive and responsible vendor(s) qualified to provide the services specified. The Vendor shall provide sufficient evidence to confirm its sa�sfactory performance record for completed services of similar scope to this solicita�on. The County shall be the sole determinant as to what is considered similar in scope. Such informa�on should include: a lis�ng of available equipment; experienced/qualified personnel rela�ve to this solicita�on, including résumés; and be otherwise qualified and eligible to receive an award under applicable laws and regula�ons.

- Patented/Proprietary/Sole Sourced Materials: Patented, proprietary, or sole sourced products or processes may not be used in the performance of this Contract.

- Prequalifica�on Programs for Contractors: Prime contractor shall be prequalified by FDOT in all items of work being performed in accordance with Florida Law (Chapter 337.14 F.S.)

And Rules of the State of Florida, Department of Transporta�on, (Chapter 14-22, F.A.C.).

Proof of cer�fica�on should be returned with the Vendor’s submital and is subject to verifica�on by the County. If not provided with submital, the Vendor must submit within three business days of County’s request. Vendor may be deemed non-responsive for failure to fully comply within stated �meframes or if cer�fica�on is not verifiable.

- Public Agencies in Compe��on with the Private Sector: Provisions of Public Agencies in compe��on with the private sector related to 23 CFR 635.112(e) shall be excluded from the Contract.

- Publicly-Owned Equipment: Provisions of publicly owned equipment related to 23 CF

635.106 shall be excluded from the Contract.

- State (Florida or Other) Produced Materials: Provisions of preference programs manda�ng materials purchasing requirements or restric�ons related to 23 CFR 635.409 shall be excluded from the Contract.

- State/ Local Owned/ Furnished/ Designated Materials: Local agency tax savings programs and materials furnished by a local agency are not permited for the Project pursuant to

23 CFR 636.407.