16214 Fire Station 40 - Red Book with no plans.pdf

Form Rev 1/22/21 Project Specific Non-Federal

CONTRACT DOCUMENTS

FOR

FIRE STATION 40

PROJECT NO. 16214

PALM BEACH COUNTY, FLORIDA

MAIN TABLE OF CONTENTS

CONSTRUCTION DOCUMENTS

PROJECT NO. 16214

BIDDING REQUIREMENTS

Advertisement to Bid

Invitation to Bid

Instructions to Bidders

Attachment A – Affirmative Procurement Initiatives (APIs)

Attachment B – Waiver Request and Good Faith Efforts

Index of Drawings

Bid Form and Attachments

CONTRACT FORMS

Contract

Public Construction Bond

Form of Guarantee

Living Wage Certification

CONTRACT CONDITIONS

General Conditions

Special Conditions

Permits

TECHNICAL SPECIFICATIONS

Divisions 2 through 16

ADVERTISEMENT FOR BID

Receipt of Sealed Bids. Sealed Bids, consisting of the Primary Bid Documents, will be received by the Board of County Commissioners, Palm Beach County, Florida, until 2:00 P.M. on April 14, 2021, (“Bid Due Date”) at Palm Beach County Facilities Development and Operations

Department, Capital Improvements Division at 2633 Vista Parkway, West Palm Beach, Florida.

The Bid Documents received by the Bid Due Date will be opened on the following day at 2:00 p.m. at a public meeting at the above address.

PROJECT NAME: Fire Station 40

PROJECT NUMBER: 16214

ARCHITECT/ENGINEER OF RECORD: Stephen L. Boruff, AIA Architects & Planners, Inc.

General Description of the Project. The Work consists of: the construction of a single story Fire

Station approximately 6,700 sq. ft with two (2) bays, nine (9) bunk rooms which includes:

signalization, detached generator, dumpster building, water retention systems and other associated infrastructure.

Contract Documents. All conditions and requirements for Bid submission, consideration, and award are contained in the Contract Documents which will be available beginning March 3, 2021, and may be obtained by sending an email with the Project # in the subject line to: FDO-CID-

Bids@pbcgov.org or call (561) 233-0261. Or, the Contract Documents (except for confidential building plans and/or drawings) may be downloaded from the County’s on-line Vendor Self-

Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService.

Confidential building plans and/or drawings may only be obtained by contacting FDO-CID-

Bids@pbcgov.org or calling (561) 233-0261.

Mandatory Pre-Bid Conference. Bidders must attend a mandatory pre-bid conference to be held on March 25, 2021, at 10:00 A.M. 2633 Vista Parkway, West Palm Beach. A Bidder’s failure to attend the Pre-Bid Conference and/or site visit will result in rejection of that Bidder’s bid.

EBO Program. Pursuant to the Palm Beach County Code Section 2-80.20 – 2-80.40, the Equal Business

Opportunity (EBO) Ordinance, the County will provide contracting and subcontracting opportunities for

S/M/WBEs. The following Affirmative Procurement Initiatives (APIs) apply to this project:

The SBE subcontracting goal for this project is a mandatory minimum of 20% participation, of which 5% must be Africa American and/or Hispanic American. Findings of GSC to support

M/WBE goal: The County’s disparity study found disparity in construction contracting for African

American and Hispanic American businesses.

When a mandatory SBE or M/WBE goal applies to this solicitation, then any bid that fails to comply with the required goal shall be deemed non-responsive after the period allowed for waiver requests has lapsed. If a bidder is unable to comply with a required goal, such bidder shall submit a request for a waiver or partial waiver at least 7 days prior to the bid due date. If a bidder requests a waiver from a goal from the Office of EBO at least 7 days prior to the bid due date, then the bid due date will be extended pending the outcome of a waiver request. Additionally if the waiver is granted the solicitation will be amended accordingly and the due date extended again. Fillable mailto:FDO-CID-Bids@pbcgov.org mailto:FDO-CID-Bids@pbcgov.org https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService mailto:FDO-CID-Bids@pbcgov.org pdfs of all EBO forms can be found on the OEBO website at http://discover.pbcgov.org/oebo/Pages/Compliance-Programs.aspx. Also, see the EBO Ordinance and Countywide PPM CW-O-043 for further information on the County’s EBO Program.

The Board of County Commissioners reserves the right to waive any bid irregularities, informalities, or technical deficiencies and to reject any and all bids.

ATTEST:

JOSEPH ABRUZZO, CLERK & BOARD OF COUNTY COMMISSIONERS

COMPTROLLER PALM BEACH COUNTY, FLORIDA

PUBLISH: Palm Beach Post

Sunday: March 7, 2021

Sunday: March 14, 2021 http://discover.pbcgov.org/oebo/Pages/Compliance-Programs.aspx

Form Rev 1/22/21

Project Specific Non-Federal Invitation to Bid - 1

INVITATION TO BID

Submission of Sealed Bids. Sealed Bids, consisting of the Primary Bid Documents, will be received by the Board of County Commissioners, Palm Beach County, Florida, until 2:00 P.M. on

April 14, 2021, (the “Bid Due Date”) at Palm Beach County Facilities Development and

Operations Department, Capital Improvements Division at 2633 Vista Parkway, West Palm Beach, Florida. The Primary Bid Documents received by this time will be opened the following day, in accordance with the Invitation to Bid and Instructions to Bidders, at or after 2:00 p.m. at the above address at a public meeting. This 24-hour delay is to permit Bidders additional time to submit the required Supplemental Bid Documents which evidence Bidder’s efforts to meet the requirement of the County’s EBO Ordinance and other contract provisions specified in the Invitation to Bid or

Instructions to Bidders. Failure to submit the Supplemental Bid Documents prior to or within this twenty-four hour period will result in the rejection of the Bid and return of the Bid Bond.

Project Description. The bids will be for furnishing all work, materials, labor, supervision, equipment, supplies, fees expertise, and services necessary for the construction of:

PROJECT NAME: Fire Station 40

PROJECT NUMBER: 16214

ARCHITECT/ENGINEER OF RECORD: Stephen L. Boruff, AIA Architects & Planners, Inc.

The Work consists of: the construction of a single story Fire Station approximately 6,700 sq. ft with two (2) bays, nine (9) bunk rooms which includes: signalization, detached generator, dumpster building, water retention systems and other associated infrastructure.

Contract Documents. All conditions and requirements for Bid submission, consideration, and award are contained in the Contract Documents. The Contract Documents will be available beginning March 3, 2021, and may be obtained by sending an email with the Project # in the subject line to: FDO-CID-Bids@pbcgov.org or call (561) 233-0261. Or, the Contract Documents

(except for confidential building plans and/or drawings) may be downloaded from the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. Confidential building plans and/or drawings may only be obtained by contacting FDO-CID-Bids@pbcgov.org or calling (561) 233-0261.

EBO Program. Pursuant to the Palm Beach County Code Section 2-80.20 – 2-80.40, the Equal Business

Opportunity (EBO) Ordinance, the County will provide contracting and subcontracting opportunities for

S/M/WBEs. The following Affirmative Procurement Initiatives (APIs) apply to this project:

The SBE subcontracting goal for this project is a mandatory minimum of 20% participation, of which 5% must be Africa American and/or Hispanic American. Findings of GSC to support

M/WBE goal: The County’s disparity study found disparity in construction contracting for African

American and Hispanic American businesses.

When a mandatory SBE or M/WBE goal applies to this solicitation, then any bid that fails to comply with the required goal shall be deemed non-responsive after the period allowed for waiver requests has lapsed. If a bidder is unable to comply with a required goal, such bidder shall submit mailto:FDO-CID-Bids@pbcgov.org https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Form Rev 1/22/21

Project Specific Non-Federal Invitation to Bid - 2 a request for a waiver or partial waiver at least 7 days prior to the bid due date. If a bidder requests a waiver from a goal from the Office of EBO at least 7 days prior to the bid due date, then the bid due date will be extended pending the outcome of a waiver request. Additionally if the waiver is granted the solicitation will be amended accordingly and the due date extended again. Fillable pdfs of all EBO forms can be found on the OEBO website at http://discover.pbcgov.org/oebo/Pages/Compliance-Programs.aspx. Also, see the EBO Ordinance and Countywide PPM CW-O-043 for further information on the County’s EBO Program.

Licenses. At the time of Bid submission each bidder, and all identified subcontractors, must be properly certified and licensed in the State of Florida or certifications required by the State of

Florida and/or Palm Beach County, as applicable, for the purpose of performing the specified work.

Bid Security. Bid proposals must be submitted on the forms provided by Palm Beach County and accompanied by a proposal guaranty in the form of a certified check, cashier’s check, money order or a bid bond in favor of Palm Beach County in the amount of not less than five percent (5%) of the bid price. A public construction bond (100%) will be required of the successful bidder within fourteen Days of the “Notification from Owner”. All bids and required Supplemental Bid

Documents must be submitted in separate sealed envelopes as described in the “INSTRUCTIONS

TO BIDDERS”.

Mandatory Pre-Bid Conference. Bidders must attend a mandatory pre-bid conference to be held on March 25, 2021, at 10:00 A.M. 2633 Vista Parkway, West Palm Beach. A Bidder’s failure to attend the Pre-Bid Conference and/or site visit will result in rejection of that Bidder’s bid.

Florida Public Entities Crimes/Convicted Vendor List. In accordance with F.S. 287.133(2)(a), persons and affiliates who have been placed on the convicted vendor list may not submit bids, contract with, or perform work (as a contractor, supplier, subcontractor or consultant) with any public entity (i.e. Palm Beach County) in excess of Ten Thousand dollars (or such other amount as may be hereafter established by the Florida Division of Purchasing in accordance with F.S.

287.017) for a period of 36 months from the date of being placed on the convicted vendor list.

Bid Irregularities. The Board of County Commissioners reserves the right to waive any bid irregularities, informalities, or technical deficiencies and to reject any and all bids.

Form Revised 1/22/21

Project Specific Non-Federal Instructions to Bidders - 2

INSTRUCTIONS TO BIDDERS

PROJECT NO: 16214

SECTION DESCRIPTIONS

1. DEFINITIONS

2. LICENSES, BUSINESS TAX, POLICY REGARDING SUBCONTRACTORS

3. BIDDER'S REPRESENTATIONS

4. BIDDING DOCUMENTS

5. BIDDING PROCEDURE

5.3 EQUAL BUSINESS OPPORTUNITY (EBO) PROGRAM

6. CONSIDERATION OF BIDS AND AWARD OF CONTRACT

7. TIME

8. VOLUNTARY PARTNERING

9. PUBLIC BID DISCLOSURE COMPLIANCE FEES

10. CONSTRUCTION INCENTIVE PROGRAM

11. EARLY COMPLETION INCENTIVE

12. LIQUIDATED DAMAGES

13. LOBBYING

14. LIVING WAGE

15. CRIMINAL HISTORY RECORDS CHECK

16. PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL

17. INCENTIVES

18. DEPARTMENT SPECIFIC INSTRUCTIONS

Attachment A – Affirmative Procurement Initiatives (APIs)

Attachment B – Waiver Request and Good Faith Efforts

Project Specific Non-Federal Instructions to Bidders - 3

1.0 DEFINITIONS

1.1 Addenda are written or graphic instruments issued by the County via the Department prior to the submission of bids which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections or other type of modifications. Addenda will become part of the

Contract Documents when the Contract is executed. Bidders, upon receiving Addenda, shall insert same into the Bidding Documents.

1.2 An Additive or Deductive Bid Item is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the work, as described in the Bidding Documents, is accepted by the County.

1.3 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which

Work may be deducted for sums stated in Additive or Deductive Bid Items.

1.4 A Bid is a complete and properly signed offer to do the Work or designated portion thereof, for the sums stipulated therein, submitted in accordance with the Bidding Documents.

1.5 The term Bidder means one who submits a Bid directly to the County, as distinguished from a sub-bidder who submits a bid to a Bidder.

1.6 Bidding Documents include the Invitation to Bid, Instructions to Bidders, Index of

Drawings, the Bid Form and Attachments, Bid Bond and Contract Forms, the Contract conditions

(General and Special), technical specifications, drawings, exhibits thereto and any Addenda issued prior to the date designated for receipt of bids.

1.7 The Contract Documents consist of the following:

The Contract and any amendments and change orders thereto;

The Special Conditions to the Contract;

The General Conditions to the Contract;

The Invitation for Bid and Instructions to Bidders, Index of Drawings and any Addenda thereto;

Completed Bid Form and Attachments and Bid Bond;

The Public Construction Bond and the Form of Guarantee; and

Technical Specifications, Addenda, Drawings/Plans and revisions thereto.

1.8 The term Contractor shall mean the person or entity who is the successful bidder and who executes a contract with Palm Beach County and who is identified in the Contract and is referred to throughout the Contract Documents. Contractor may mean the Contractor or its authorized representative as the contract context requires.

1.9 The term County or Owner shall mean the Board of County Commissioners of Palm

Beach County, Florida.

Project Specific Non-Federal Instructions to Bidders - 4

1.10 The term Day or Days shall mean a calendar day or calendar days unless specifically stated otherwise in the Contract Documents. A calendar day begins at 12:00:00 midnight and ends 24 hours later at 11:59:59 p.m.

1.11 The term Department shall mean the Palm Beach County, Facilities Development and

Operations Department, Capital Improvements Division.

1.12 A Lump Sum and Unit Price Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents containing lump sum and, where applicable, unit price work items. For the purpose of determining the Base Bid amount on a Lump

Sum and Unit Price Bid, the unit price costs multiplied by the estimated quantities contained in the Bidding Documents and the lump sum shall be added together.

1.13 Palm Beach County, is a political subdivision of the State of Florida, as represented by its

Board of County Commissioners (hereinafter called “County”). Where the word “approval” is mentioned, “approval” shall mean action by the Board of County Commissioners, or designated representative.

1.14 Primary Bid Documents means the completed Bid Form and Attachment No. 1, the Bid

Bond as further described in Section 5.1.9 of these Instructions to Bidders.

1.15 Supplemental Bid Documents means Attachments Numbers 2-5a as further described in

Section 5.1.9 of these Instructions to Bidders.

1.16 The term Work as used herein refers to the construction and services required by the

Contract Documents and includes all permits, labor, materials, equipment, and services provided by the Contractor to fulfill the Contractor's obligations.

2.0 LICENSES, BUSINESS TAX, POLICY REGARDING SUBCONTRACTORS

2.1 Licenses. Bidders and their proposed subcontractors of any tier regulated by the Florida

Construction Industry Licensing Board or the Construction Industry Licensing Board of Palm

Beach County shall be properly qualified and licensed/certified by the appropriate Board or Boards as required by Florida Statute Chapter 489, or Special Act, Laws of Florida Chapter 67-1876 prior to the time of submission of the bid. The Bidder and subcontractors, including specialty contractors, are required to have an active State Contractors Certification or an active Palm Beach

County Certificate of Competency at time of bid submittal. State of Florida Contractor's

Certification /Registration license numbers or Palm Beach County Certificate Numbers must be listed at the applicable places on the Bid Form. Any bid which is submitted by a contractor who is not properly licensed/certified at the time the bid is submitted, or which lists a subcontractor who is not properly licensed/certified at the time the bid is submitted, will be rejected as non-responsive.

2.2 Business Tax. The Contractor, subcontractors of any tier, and specialty contractors must have a valid Palm Beach County business tax receipt at the time of bid submission, except where provisions of F.S. 205.065 apply.

Project Specific Non-Federal Instructions to Bidders - 5

2.3 Bid Shopping. It is Palm Beach County’s policy to discourage contractors from seeking new subcontractor pricing after the opening of bids, which practice is sometimes known as bid or subcontractor shopping. In order to facilitate this policy, Bidders may be required to identify, in the Supplemental Bid Documents, the subcontractors in the categories listed in Attachment 3, if provided, which Bidder intends to use to perform the Work, or state its intention to self-perform the Work contained in those categories.

2.3.1 No Contractor, having been awarded any contract based upon the Contractor’s response to an Invitation to Bid or other solicitation for competitive selection wherein the

Contractor listed the subcontractors which the Contractor intended to use in performing such contract, shall replace any subcontractor listed in the Contractor’s response to such request without having first demonstrated good cause, acceptable to the County in its sole discretion. The replacement of any S/M/WBE subcontractor shall also conform to the requirements of Palm Beach

County’s EBO Ordinance and paragraph 5.3.10 of these Instructions to Bidders.

2.3.2 No Contractor, having been awarded any contract based upon the Contractor’s response to an invitation to bid or other solicitation for competitive selection wherein the

Contractor listed the elements of Work which the Contractor intended to perform with its own forces, shall perform such Work with a subcontractor without having first demonstrated good cause, acceptable to the County in its sole discretion, for utilizing such subcontractor.

2.3.3 Contractor agrees that neither the County’s acceptance nor rejection of the

Contractor’s request to replace or add any subcontractor shall give rise to any liability of any kind on the part of the County.

3.0 BIDDER’S REPRESENTATIONS

3.1 General Representations. Each Bidder by making its Bid represents that:

3.1.1 Bidder has satisfied itself, by personal examination of the location of the proposed

Work and by thorough examination of the Contract Documents, that Bidder understands all requirements of the Work. In addition, Bidder has, to the extent Bidder determined to be necessary, satisfied itself regarding the accuracy of the estimate of the quantities of the Work to be done; and shall not at any time after the submission of a Bid dispute or complain of such estimate nor the nature or amount of Work to be performed. Bidder is familiar with, and certifies that all Work shall comply with, all Federal, State and Local laws, ordinances, rules and regulations that in any way affect the cost, progress or performance of the Work. Failure of a bidder to be familiar with applicable laws, ordinances, rules and regulations will in no way relieve Bidder from the responsibility of complying with the applicable laws, ordinances, rules and regulations.

3.1.2 Bidder acknowledges and understands that certain informational drawings and reports may be referenced in the Bidding Documents and are provided by the County for informational purposes only. Such informational reports and drawings are not part of the Contract

Documents, but the Bidder may review the technical data contained therein for general information purposes only. The County does not represent that the conditions reflected in such informational

Project Specific Non-Federal Instructions to Bidders - 6 reports and drawings are the conditions which Contractor will experience, but are based on best information available to the County.

3.1.3 Bidder assumes responsibility for having determined to its satisfaction, prior to the submission of its Bid, the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the groundwater conditions, the character of equipment and facilities needed preliminary to and during the execution of the

Work, the general and local conditions and all other matters which can in any way affect the Work of this Project. The prices established for the Work to be done will reflect all costs pertaining to the Work.

3.1.4 By submission of its Bid, each Bidder affirms that it has, at its own expense, performed any additional examinations, investigations, explorations, tests, or studies and obtained any additional information and data which pertain to the physical conditions (surface, subsurface and underground utilities) at or contiguous to the site or otherwise, for the Project prior to Bidding which may affect the cost, progress or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents and/or it has satisfied itself with respect to such conditions and it shall make no claims against the County or the Architect/Engineer of Record if upon carrying out the Work it finds that the actual conditions do not conform to those indicated.

3.1.5 On request, the County will provide each Bidder access to the Site at the pre-bid meeting to conduct such investigations and tests as each Bidder deems necessary for submission of its Bid. Upon completion of such field investigations and tests, each Bidder shall completely restore disturbed areas to a condition equal to or better than the conditions which existed prior to performance of the field investigations and tests.

3.1.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials, equipment and supplies are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the County, unless otherwise provided in the Contract

Documents.

3.1.7 The submission of a Bid will constitute an incontrovertible representation by the

Bidder that the Bidder has complied with every requirement of these Instructions to Bidders, that, without exception, the Bid is premised upon performing the Work required by the Contract

Documents and that such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for performance of the Work.

3.1.8 The Bidder shall not be entitled to any additional compensation or time extensions based upon alleged differing conditions that in the opinion of the Architect/Engineer of Record and/or the County should have been reasonably anticipated by the Bidder.

Project Specific Non-Federal Instructions to Bidders - 7

3.1.9 The Bidder understands and agrees that the quantities of Work or material stated in unit price items are supplied only to give an indication of the general scope of the Work and the

County does not expressly or by implication agree that the actual quantity of the Work or material will correspond therewith. The County reserves the right after award to increase or decrease the quantity of any unit price item by an amount up to and including twenty-five percent (25%) of the bid quantity, without a change in the unit price, and reserves the right to delete any bid item, in its entirety, or to add additional bid items up to and including an aggregate total amount not to exceed fifteen percent (15%) of the contract price.

3.2 Public Entities Crimes/Convicted Bidder List. As provided in Florida Statute

287.133(2)(a) a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S.287.017 for CATEGORY

TWO for a period of 36 months from the date of being placed on the convicted vendor list. By entering into this contract or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of

Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a).

3.3 EEO. The Bidder must be an equal employment opportunity employer. Each Bidder must complete and furnish with its Bid the statement titled “Statement of Participation in Contracts

Subject to Nondiscrimination Clause”, which is incorporated in the Bid Form.

3.3.1 Pursuant to Executive Order 11246, as amended, Palm Beach County does have an

Affirmative Action Program in connection with equal employment opportunities. It is recommended that those Bidders who have not initiated an Affirmative Action Program give consideration toward pursuing such programs.

3.4 No Collusion; No Conflicts. The Bidder does hereby declare that it is the only person or persons interested in said Bid; that it is a genuine Bid not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; that it is made without any connection with any person submitting another bid for the same Contract; that this Bidder has not directly or indirectly induced or solicited any other bidder to submit a false or sham bid; that the

Bid is in all respects fair and without collusion, fraud, or mental reservations; that no official of the County or any person in the employ of the County is directly or indirectly interested in said

Bid or in the supplies or work to which it relates, or in any portion of the profits thereof; and that

Bidder has not sought by collusion to obtain for itself any advantage over any other bidder or over the County.

Project Specific Non-Federal Instructions to Bidders - 8

3.5 Scrutinized Companies

3.5.1 As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725. Pursuant to F.S.

287.135(3)(b), if Contractor is found to have been placed on the Scrutinized Companies that

Boycott Israel List or is engaged in a boycott of Israel, this Contract may be terminated at the option of the County.

3.5.2 When contract value is greater than $1 million: As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With

Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473 or is engaged in business operations in Cuba or Syria.

3.5.3 If the County determines, using credible information available to the public, that a false certification has been submitted by the Contractor, this Contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal, if applicable.

3.6 Non-Discrimination. The County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County

Resolution R2017-1770, as may be amended, the Contractor warrants and represents that throughout the term of the Contract, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of the Contract.

3.7 Commercial Non-Discrimination. The Bidder represents and warrants that it will comply with the County’s Commercial Nondiscrimination Policy as described in Resolution 2017-1770 as amended. As part of such compliance, the Bidder shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the Bidder retaliate against any person for reporting instances of such discrimination. The Bidder shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the County’s relevant marketplace in Palm Beach County. The Bidder understands and agrees that a material violation of this clause shall be considered a material breach of any resulting contract and may result in termination of the contract, disqualification or debarment of the Bidder from participating in

Project Specific Non-Federal Instructions to Bidders - 9

County contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

All subcontractor agreements shall include a commercial non-discrimination clause.

3.8 VSS Registration Required. A Bidder must register in the County’s Vendor Self Service (“VSS”) at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService in order to bid on County contracts. If Bidder intends to use subcontractors, Bidder must also ensure that all subcontractors are registered as vendors in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until a contractor has certified that the contractor and all of its subcontractors are registered in VSS.

4.0 BIDDING DOCUMENTS

4.1 Copies.

4.1.1 Bidders may obtain complete sets of the Bidding Documents from the Department as indicated in the Invitation to Bid in the number desired and for the cost stated therein.

4.1.2 Bidders shall use complete sets of Bidding Documents in preparing Bids; the

County assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or illegible sets of Bidding Documents.

4.1.3 The County, by making the Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. All information contained in the Bidding Documents is the sole property of the

County and any unauthorized use is prohibited by law.

4.2 Interpretation or Correction of Bidding Documents.

4.2.1 Bidders shall promptly notify the County in writing of any ambiguity, inconsistency or error which is discoverable upon examination of the Bidding Documents or of the site and local conditions.

4.2.2 Bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the County at the address listed in the Invitation to Bid at least seven (7) calendar Days prior to the date for receipt of Bids. Bidders requesting clarification or interpretation of the Bidding Documents shall supply the Department with all information requested by the Department which the Department requires to issue a clarification or interpretation. Bidders finding discrepancies, errors, and/or omissions or having doubt as to the intent of the technical portions of the Contract Documents shall at once notify the Architect/

Engineer of Record and provide a copy to the Department. Bidder's questions relative to bidding requirements, bidder qualification and contract award shall be directed to the Department. The

Department, in its sole discretion, shall determine if a clarification or interpretation of the Bidding

Documents is required.

Project Specific Non-Federal Instructions to Bidders - 10

4.2.3 Any interpretation, clarification, correction, or change of the Bidding Documents will be made only by Addendum. As they are issued, all Addendum to this solicitation will be posted under the applicable solicitation on the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. Interpretations, corrections or changes made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections or changes. It is the sole responsibility of the Bidder to routinely check

VSS for any Addendum that may have been issued prior to the deadline for receipt of Bids.

4.2.4 Governing Order of Contract Documents. The Contract Documents include various divisions, sections and conditions which are essential parts for the Work to be provided by the successful Bidder. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete project. In case of discrepancy, the following precedence will govern the interpretation of the Contract Documents:

The Contract and any amendments or change orders thereto;

Special Conditions;

General Conditions;

Invitation for Bid, Instructions to Bidders and any addenda thereto;

Insurance Certificates, the public construction payment and performance bonds and Form of Guarantee;

Technical Specifications, Addenda, Drawings/plans and an revisions thereto;

The completed Bid Form and attachments and bid bond.

Detailed plans shall have precedence over general plans. In the event that any conflicts cannot be resolved by reference to this Governing Order of Contract Documents provision, then Owner shall resolve the conflict in any manner which is acceptable to Owner and which comports with the overall intent of the Contract Documents.

4.2.5 Whenever reference is made to actions being performed with respect to dates and times set forth in the Invitation to Bid, such reference shall always be interpreted as including, by inference, “or as may be modified by pre-bid Addenda”.

4.3 Addenda.

4.3.1 Bidders who are known by the Department by registering for a complete set of

Bidding Documents will be provided with notification of Addenda. Also, as they are issued, all

Addendum to this solicitation will be posted under the applicable solicitation on the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the Bidder to routinely check VSS for any Addendum that may have been issued prior to the deadline for receipt of Bids.

4.3.2 Copies of Addenda will be made available for inspection at the Department where

Bidding Documents are on file for that purpose.

4.3.3 No Addenda will be issued later than five work days prior to the date for receipt of

Bids except an Addendum withdrawing the Invitation to Bid, one which includes postponement https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Project Specific Non-Federal Instructions to Bidders - 11 of the date for receipt of Bids, one whose content is limited to the listing of additional approved manufacturers and substitutions, or one which contains minor clarifications or changes.

4.3.4 Prior to submission of its Bid, each Bidder shall ascertain that it has received all

Addenda issued. The Bidder shall acknowledge receipt of each individual Addendum at the time of issuance and final receipt of all Addenda by completing the acknowledgment space provided on the Bid Form. Failure to acknowledge receipt may result in rejection of a bid.

5.0 BIDDING PROCEDURE.

5.1 Form and Style of Bids.

5.1.1 Bids shall be submitted on forms furnished by the County. Changes or additions to the Bid, recapitulations or changes in the Work bid upon, alternative proposals, or any other modifications of the Bid Form, Attachments to the Bid Form, or the Bid Documents, which are not specifically called for in the Bid Documents may result in the County's rejection of the bid as non-responsive to the Invitation to Bid.

5.1.2 All blanks on the Bid Form and enclosures to the Bid Form shall be filled in by typewriter or manually printed in ink.

5.1.3 In the event there are unit price bid items provided in the Bid Form and the

“amount” indicated for a unit price bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly. In the event there is more than one bid item in the Bid Form and the total indicated therein does not agree with the sum of the prices bid for the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly. Where so indicated by the make-up of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.

5.1.4 Any inter-lineation, alteration or erasure must be initialed, in ink, by the signer of the Bid Form.

5.1.5 All requested, Additive or Deductive Bid Items shall be bid. If no change in the

Base Bid is required, enter “No Change.”

5.1.6 Each page of the Bid Form and Attachments to the Bid Form shall include where requested, the legal name of the Bidder. The Bid Form shall also contain a statement whether the

Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity, and shall be signed by the person or persons legally authorized to bind the Bidder to a contract.

5.1.7 In the event a Bid is submitted by two or more Bidders as a joint venture, such Bid shall be submitted in strict accordance with all applicable laws of the State of Florida, State

Contractor License Law, and Rules and Regulations of the State Contractor's Board.

5.1.8 No person, firm or corporation shall be allowed to submit, or have an interest in, Project Specific Non-Federal Instructions to Bidders - 12 more than one Bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-bid to a Bidder is not, however, disqualified from submitting a sub-bid or quoting prices to other Bidders or submitting a prime Bid.

5.1.9 The following forms, together, comprise a Bid and must be submitted at the times identified in 5.5:

PRIMARY BID DOCUMENTS

BID FORM

ATTACHMENT NO. 1 BID BOND

SUPPLEMENTAL BID DOCUMENTS

ATTACHMENT NO. 2 EBO PROGRAM SCHEDULES

ATTACHMENT NO. 3 LIST OF SUBCONTRACTORS/SELF-PERFORM

TRADES

ATTACHMENT NO. 4 TRENCH SAFETY

ATTACHMENT NO. 5 CERTIFICATION OF BUSINESS LOCATION

ATTACHMENT NO. 5a CERTIFICATION OF BUSINESS LOCATION-

GLADES SUBCONTRACTOR

Omission of any of these attachments, except Attachment No. 5 or 5a, from the bid submission, or failure to properly complete any portion of the required forms, or failure to deliver the attachments at or before the times specified in paragraph 5.5 may be cause to reject the entire

Bid. Failure to submit or to timely submit Attachment No. 5 or 5a will result in the loss of any local preference.

5.2 Bid Security, Project Bonds, Insurance

5.2.1 Each Bid shall be accompanied by a BID SECURITY (in the form of, at Bidder's option, cashier's check, certified check, money order or Bid Bond in favor of the County) in the amount of at least five percent (5%) of the bid price pledging that the Bidder will within fourteen

(14) Days after Notification from Owner, enter into a contract with the County on the terms stated in its Bid and will furnish bonds as described hereunder covering the faithful performance of the

Contract and the payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish the required bonds and insurance, the amount of the bid security shall be forfeited to the County as liquidated damages, not as penalty. If a Bidder fails to execute a Contract for the project, the Bidder may be suspended or debarred from bidding on future projects for a period of two (2) years, in accordance with the Palm Beach County Purchasing Ordinance.

The County may further pursue any and all remedies available against the Contractor for damages resulting from its failure to enter into a contract.

5.2.2 The bid bond shall conform with Paragraph 5.2.4 and be written on the Bid Bond form, included as part of the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of his/her power of

Project Specific Non-Federal Instructions to Bidders - 13 attorney. If a bid bond is submitted on a form other than that provided, such submission may result in the bid being declared non-responsive. Checks and money orders shall be made payable to Palm

Beach County Board of County Commissioners.

5.2.3 The County will have the right to retain the bid security of Bidders to whom an award is being, or may be, considered until either (a) the Contract has been executed and the bonds and insurance have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

5.2.4 Bond Requirements

5.2.4.1 The Bidder shall furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder in such form and amount as the County may prescribe. Bonds may be secured through the Bidder's usual sources provided the Surety is authorized to do business in the State of Florida.

5.2.4.2 Prior to execution of a Contract, and not later than fourteen (14) calendar Days after

Notification from Owner, the successful Bidder shall furnish the following to the Department, on the forms provided in the Bidding Documents:

1. Public Construction Bond in the Amount of 100% of the Contract Price; and

2. Guarantee.

Such Public Construction Bond shall incorporate by reference all of the terms and conditions of the Contract Documents, including but not limited to the Contractor and Surety's obligation for liquidated damages as well as Surety's acknowledgment regarding any and all provisions addressing or regarding “no damages for delay”, as provided for in the General Conditions.

5.2.4.3 The Surety Company, in addition to the above requirements, shall be currently listed with the United States Department of Treasury for an amount greater than the contract amount. The Contractor, at the time of his execution of the contract, shall provide, with his

Contract Bonds, a copy of the Surety Company's current valid Certificate of Authority issued by the United States Department of the Treasury under SS 31, U.S.C. 9304-9308.

5.2.4.4 The bond and guarantee shall be written on forms included in the Contract

Documents provided by the Department.

5.2.4.5 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the Surety to affix thereto a certified and current copy of his Power of Attorney.

5.2.5 Insurance Requirements. Prior to execution of a Contract and not later than fourteen (14) calendar Days after Notification from Owner, the successful Bidder shall furnish to the Department certificates of insurance evidencing the existence of current valid, and binding insurance policies for the limits and coverage in accordance with the requirements delineated in the General Conditions, where such insurance is to be provided by Contractor, or as otherwise

Project Specific Non-Federal Instructions to Bidders - 14 modified within the Contract Documents, together with a declaration of deductible amounts applicable to each type of insurance provided, acceptable to County.

5.2.6 Failure to Provide the Required Documents after Notification of Award. If after Notification of award from the County, the successful Bidder does not provide within 14

Days of Notification the signed Contract, the Public Construction Bond and Guarantee, and the required certificates of insurance, the County may: 1. Call in the bid security; 2. Cancel the notification of recommended award and award the project to the next responsive, responsible low bidder; 3. Suspend or debar the Bidder from bidding on future projects for a period of two (2) years, in accordance with the Palm Beach County Purchasing Ordinance; and/or 4. Pursue any and all remedies available against the Bidder for damages resulting from its failure to enter into a

Contract and provide all required documents within 14 Days after notification.

5.3 Equal Business Opportunity Program.

5.3.1 Policy. It is the policy of the Board of County Commissioners of Palm Beach County, Florida, (the Board) that all segments of its business population, including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the County’s procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code, (EBO Ordinance) which sets forth the County’s requirements for the EBO program, and which is incorporated in this solicitation. A bidder must comply with the requirements contained in this section for a bidder to be deemed responsive to the solicitation requirements. The provisions of the EBO Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solicitation in the event of a conflict.

5.3.2 Affirmative Procurement Initiatives (APIs). The APIs approved for this solicitation, including any applicable SBE or MWBE goals, are set out on Attachment A to these Instructions to Bidders which attachment is incorporated herein by reference. Any bid that fails to comply with the API requirements stated in this solicitation after the period allowed for waiver requests has lapsed shall be deemed non-responsive.

5.3.3 API Waiver Requests/Good Faith Efforts. If Bidder is unable to comply with the

API requirements as set forth in this solicitation, such Bidder shall submit a request for a waiver or partial waiver at least (7) days prior to the bid due date as stated in the solicitation. Bidder shall submit the waiver request to the Office of EBO with a copy to the Department. If a bidder requests a waiver from an API from the Office of EBO at least 7 days prior to the bid due date, then the bid due date will be extended pending the outcome of a waiver request. Additionally, if the waiver is granted, the solicitation will be amended accordingly and the due date extended again.

Such waiver request shall include specified documentation that demonstrates satisfactory

Good Faith Efforts (as defined below) were undertaken by Bidder to comply with the requirements as described under the selected API. The Good Faith Effort waiver request forms, included as

Attachment B to these Instructions to Bidders, shall be reviewed by the Office of EBO within seven (7) days of receipt. The bid due date will be extended during this review period. If the Office of EBO determines that adequate Good Faith Efforts have been demonstrated by the Bidder to

Project Specific Non-Federal Instructions to Bidders - 15 warrant a partial or total waiver of the API, then the solicitation shall be amended accordingly to reflect the partial or total waiver, and any bids received by the County in the interim shall be returned unopened. The amended solicitation shall then be advertised to all prospective Bidders and the bid due dated extended.