18-064 - 05 BID FORM standard_v2; Addendum 3.pdf

PROJECT NO.:18-064 B ID FORM -1 Rev 11-5-20

PALM BEACH COUNTY

BID FORM AND ATTACHMENTS

WUD Project No.: 18-064

Project Name: Repump Station No. 8310 Upgrades and Improvements

SECTION DESCRIPTION

1.0 BID FORM

2.0 BID BOND - Attachment No. 1

3.0 OFFICE OF EQUAL BUSINESS OPPORTUNITY - SCHEDULE 1 and SCHEDULE 2 -

Attachment No. 2

4.0 CERTIFICATION OF BUSINESS LOCATION – Attachment No. 3

CERTIFICATION OF BUSINESS LOCATION – Glades Subcontractor – Attachment No. 3a

5.0 LIST OF MAJOR SUBCONTRACTORS - Attachment No. 4

6.0 TRENCH SAFETY - Attachment No. 5

PROJECT NO.:18-064 B ID FORM -2 Rev 11-5-20

BID FORM

PALM BEACH COUNTY WUD PROJECT NO.: 18-064

DATE: ______________________________________

To: Palm Beach County Board of County Commissioners Water Utilities Department 8100 Forest Hill Boulevard West Palm Beach, Florida 33413

From (Name of Bidding Firm):______________________________________________ Address:________________________________________________________________

1.1 Having carefully examined the Bid Documents and Drawings for the Project entitled Repump Station No. 8310 Upgrades and Improvements , WUD PROJECT NO. : 18-064 as well as the premises and conditions affecting the work, and confirming that the site was visited, as required, by

__________________________________ on ________________________ (Printed Name) (Date) the undersigned hereby declares that no person or persons, firm or corporation, other than the undersigned, are interested in this proposal as principals, and that this proposal is made without collusion with any person, firm, or corporation, and we have carefully and to our full satisfaction examined the Bid Documents, and that we have made a full examination of the location of the proposed work and the source of supply of materials, and we hereby agree to furnish and pay for all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to fully complete all work in accordance with all requirements of the Bid Documents and in accordance with all applicable codes and governing regulations within the time limit specified in this proposal for the following Base Bid.

Price:_______________________________________________________________________ (written out)

($_____________________________________) which sum is hereinafter referred to as the

(numeric) “Base Bid".

1.2 The undersigned acknowledges that it has included with its Bid the required Bid Security for not less than five percent (5%) of the total amount of its Base Bid.

1.3 The Bidder shall be bound by the terms of its Bid Proposal for a period of one hundred fifty

(150) calendar days from the date of the bid opening and may not withdraw its Bid within that time period. If the County issues a Notification from County within the above 150-day period, then the Bidder will be bound by the Bid Proposal as submitted. If the County fails to issue a Notification from County to the successful Bidder within the above identified 150-day period, the successful bidder will not be required to honor its Bid Proposal unless otherwise agreed to by both parties. County anticipates, but does not guarantee the award of bid and written notice to proceed within ninety (90) calendar days of Notification from County, absent the filing of a timely bid protest.

PROJECT NO.:18-064 B ID FORM -3 Rev 11-5-20

1.4 Bidder has committed to an SBE subcontracting goal for this project of a mandatory minimum of 20% participation, see EBO Ordinance Section 2-80.27(1)(c), of which 3% shall be among certified African American and/or Hispanic American owned firms, as set forth on the Schedule 1 and Schedule 2 forms completed and submitted by the Bidder. Bidder shall comply with said goal, if awarded the Contract. See EBO Ordinance Section 2-80.27(2)(b).

1.5 It is agreed that the undersigned has received all addenda complete as issued by the County and that related costs are included in the bid submitted. The undersigned acknowledges receipt of said addenda as follows:

Addendum # dated Addendum # dated______________ Addendum # dated Addendum # dated______________

1.6 Time is of the essence. The undersigned Bidder agrees that, if awarded the Contract hereunder, it shall commence the work to be performed under the Contract on the date set by the County in its written notice to proceed, continuing the work with diligence and shall Substantially Complete all work under this contract in not more than 270 calendar days. Final completion shall be within 30 calendar days of Substantial Completion. The undersigned agrees that, if awarded the Contract, it will complete said separable portions of work in accordance with such date. Substantial Completion is defined in the General Conditions.

1.6.1 Should the Contractor (or in the event of a default, its Surety) fail to achieve Substantial Completion by the contractually established date, the County will suffer damages, the amount of which is difficult if not impossible to ascertain, and the County shall be entitled to Liquidated Damages as specified for each calendar day beyond the Contractual end date, until certification of Substantial Completion and acceptance has been given by the County. The Liquidated Damages rate is $1,000.00 per calendar day through the date of certification of Substantial Completion.

Should the Contractor (or in the event of a default, his Surety) fail to achieve Final Completion within 30 calendar days from the date of Substantial Completion, the County will suffer damages, the amount of which is difficult if not impossible to ascertain, and the County shall be entitled to Liquidated Damages as specified for each calendar day greater than thirty beyond the date certified for Substantial Completion. The Liquidated Damages rate is $500.00 per calendar day.

Liquidated Damages due the County may be deducted from payments due the Contractor, or may be collected directly from the Contractor or his surety or sureties. The liability of the Contractor and its Surety or Sureties for delay damages shall be joint and several. These provisions for liquidated damages shall not prevent the County, in case of the Contractor’s default, from terminating the right of the Contractor to proceed as provided in General Conditions.

1.7 The Costs Savings Incentive provisions of the General Conditions are not in effect for this Contract.

1.8 If the undersigned is notified of the acceptance of this bid, the Bidder agrees to execute within fourteen (14) calendar days, a Contract for the above work, complete with all required insurance certificates and bond forms, and any resolutions or other documentation the department may reasonably require. The undersigned further agrees to furnish a sufficient and satisfactory bond on the form herein provided, in the sum of not less than 100% of the contract price of the work as indicated by the contract prices shown herein.

1.9 The undersigned does hereby declare that the Bid covers all expenses of every kind incidental to the completion of said Work and the Contract therefore, including all claims that may arise through damages or other causes whatsoever. The undersigned does hereby declare that it shall make no claim on account of any variation from any estimate in the quantities of Work to be done, nor on account of any misunderstanding or misconception of the nature of the Work to be done or the grounds, subsurface conditions, or place where the Work is to be done.

PROJECT NO.:18-064 B ID FORM -4 Rev 11-5-20

1.10 ENCLOSURES:

ATTACHMENT NO. 1 BID BOND

ATTACHMENT NO. 2 OFFICE OF EQUAL BUSINESS OPPORTUNITY SCHEDULE 1

and SCHEDULE 2

ATTACHMENT NO. 3 CERTIFICATION OF BUSINESS LOCATION

ATTACHMENT NO. 3a CERTIFICATION OF BUSINESS LOCATION GLADES

SUBCONTRACTOR

ATTACHMENT NO. 4 LIST OF MAJOR SUBCONTRACTORS

ATTACHMENT NO. 5 TRENCH SAFETY

1.11. Commercial Non-Discrimination Certification. The undersigned Bidder hereby certifies and agrees that the following information is correct: In preparing its response on this Solicitation, the Bidder has considered all proposals submitted from qualified, potential Subcontractors and suppliers, and has not engaged in "discrimination" as defined in the County’s Commercial Nondiscrimination Policy as set forth in Resolution 2017-1770 as amended, to wit: discrimination in the solicitation, selection or commercial treatment of any Subcontractor, vendor, supplier or commercial customer 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, or on the basis of any otherwise unlawful use of characteristics regarding the vendor's, supplier's or commercial customer's employees or owners; provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the County’s relevant marketplace of Palm Beach County. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision of the solicitation, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the County to reject the bid submitted by the Bidder for this Solicitation, and to terminate any contract awarded based on the response. As part of its bid, the Bidder shall provide to the County a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the Bidder discriminated against its Subcontractors, vendors, suppliers or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. As a condition of submitting a bid to the County, the Bidder agrees to comply with the County’s Commercial Nondiscrimination Policy as described in Resolution 2017- 1770 as amended.

(The remainder of this page left blank intentionally)

PROJECT NO.:18-064 BID FORM -5 Rev 11-5-20

Respectfully Submitted, (Name of Bidding Firm)

(Address) (Phone)

(Email Address)

By: ________________________________ ________________________________

(Authorized Signature) ( Title)

(Printed Name)

STATE OF FLORIDA

COUNTY OF ____________________

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ___ day of _____________, _____, by __________________, who is ☐ personally known to me or ☐ has produced ____________________ as identification.

(Signature of Notary Public – State of Florida)

(Print, Type, or Stamp Commissioned Name of Notary Public)

Above Bidder is:

( ) Corporation ( ) Partnership/Joint Venture ( ) Sole Proprietorship ( ) Other (Please Specify_________________________)

CONTRACTOR DATA:

Bidder's License or Certificate Number (as applicable):_________________________

Contractor’s Federal Tax No: __________________________

PROJECT NO.:18-064 BID FORM -6 Rev 11-5-20

SCHEDULE OF BID PRICES

WUD Project No.: 18-064 Project Name: Repump Station No. 8310 Upgrades and Improvements

PROJECT NO.:18-064 BID FORM -7 Rev 11-5-20

ATTACHMENT NO. 1 TO BID FORM

WUD PROJECT NO.: 18-064

PROJECT NAME: Repump Station No. 8310 Upgrades and Improvements

DATE:__________________________

BID BOND

STATE OF FLORIDA

COUNTY OF PALM BEACH

KNOW ALL MEN THESE PRESENT: That we,______________________________________ (hereinafter called "Principal"), and (hereinafter called "Surety") are held and firmly bound unto Palm Beach County, a Political Subdivision in the State of Florida, (hereinafter called "County") in the sum of Dollars, ($ ), lawful money of the United States of America, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly be these presents;

WHEREAS, the "Principal" contemplates submitting or has submitted a bid to the Board of County Commissioners, Palm Beach County, Florida, for furnishing and paying for all necessary labor materials, equipment, machinery, tools, apparatus, services, all state workmen's compensation and unemployment compensation taxes incurred in the performance of the Contract, means of transportation for and complete Construction of: Repump Station No. 8310 Upgrades and Improvements (WUD Project No: 18-064) in the County of Palm Beach, State of Florida; and

WHEREAS, it was a condition precedent to the submission of said bid that a certified check cashier's check, money order or bid bond in the amount of five percent (5%) of the base bid be submitted with said bid as a guarantee that the bidder would, if given a Notification from County, enter into a written contract with the County, and furnish a public construction bond in an amount equal to one hundred (100%) of the total Contract, within fourteen (14) consecutive calendar days after the County issues the Notification from County

NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the bid of the "Principal" herein is accepted and said "Principal," within fourteen (14) consecutive calendar days after written notice being given of such acceptance, (I) enter into a written contract with the County and (ii) furnishes a public construction contract bond in the amount equal to one hundred percent (100%) of the total contract amount and in a form satisfactory to the County, then this obligation shall be void. If the Principal fails to complete (i) and (ii) above, the sum herein stated shall be due and payable to the "County," and the "Surety" herein agrees to pay said sum immediately upon demand of the "County," in good and lawful money of the United States of America, as liquidated damages for failure of said "Principal."

IN WITNESS WHEREOF, the said as "Principal" herein, has caused these presents to be signed in its name, by its , and attested by its , under the corporate seal, and the said ________________, as "Surety" herein, has caused these presents to be signed in its name, by its ______________________, and attested by its corporate Seal, this _____ day of _______, 20___.

(All bid bonds shall use this form except for certified cashier’s check)

PROJECT NO.:18-064 BID FORM -8 Rev 11-5-20

ATTEST:

(Signature)

(SEAL)

(Contractor Name)

By:_________________________________

Title: _______________________________

Address_____________________________

ATTEST:

(Signature)

(SEAL)

(Surety Name)

By:________________________________

Title: ______________________________

Address____________________________

(Bidder to attach valid Bonding Company Power of Attorney)

PROJECT NO.:18-064 BID FORM -9 Rev 11-5-20

ATTACHMENT NO. 2 TO BID FORM

DATE: ________________________

Office of Equal Business Opportunity Vendor forms included as part of Bid Form

Go to Palm Beach County’s Office of Equal Business Opportunity (OEBO) website http://discover.pbcgov.org/oebo/Pages/Documents.aspx to download the latest version of the required vendor forms listed below:

OEBO Schedule 1 – List of Proposed Contractor/Consultant and Subcontractor/Subconsultant Participation

OEBO Schedule 2 – Letter of Intent to Perform as a Subcontractor/Subconsultant

Instructions on Completing SBE-M-WBE Schedules1-2

THESE SCHEDULES MUST BE COMPLETED AS APPLICABLE AND DEFINED IN

INSTRUCTIONS TO BIDDERS SECTION 5.3 AND MUST BE SUBMITTED IN

ACCORDANCE WITH PARAGRAPH 5.4.2 OF THE INSTRUCTIONS TO BIDDERS.

http://discover.pbcgov.org/oebo/Pages/Documents.aspx

PROJECT NO.:18-064 B ID FORM -10 Rev 11-5-20

ATTACHMENT NO. 3 TO BID FORM

Certification of Business Location

WUD PROJECT NO: 18-064

In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference will be given to: (1) those bidders having a permanent place of business in Palm Beach County (“County”); and, (2) those bidders having a permanent place of business in the Glades providing goods or services to be utilized in the Glades. To receive a local preference, bidders must have a permanent place of business in the County or in the Glades, as applicable, prior to the County’s issuance of any solicitation. A Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless specifically exempted by law, and will be used to verify the bidders permanent place of business. The bidder must submit this Certification of Business Location (“Certification”) along with the required Business Tax Receipt at the time of bid submission. This Certification is the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a local preference.

I. Bidder is a:

_________ Local Business: A local business has a permanent place of business in Palm Beach County.

(Please indicate):

________ Headquarters located in Palm Beach County ________ Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services.

_________ Glades Business A Glades business has a permanent place of business in the Glades.

(Please indicate):

________ Headquarters located in the Glades ________ Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services.

__________ Non-local Business The Bidder does not have a permanent place of business in Palm Beach County.

II. The attached copy of the bidder’s Palm Beach County Business Tax Receipt verifies the bidder’s permanent place of business.

THIS CERTIFICATION is submitted by __________________________________, as (Name of Individual)

_____________________________________, of __________________________________________.

(Title/Position) (Firm Name of Bidder) who hereby certifies that the information stated above is true and correct and that the Palm Beach County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business.

(Signature) (Date)

PROJECT NO.:18-064 B ID FORM -11 Rev 11-5-20

Attachment 3a to Bid Form

Certification of Business Location – Glades Subcontractor

In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference will be given to non-Glades business utilizing Glades subcontractors providing services to be utilized in a project located in the Glades. To receive a local preference, Glades subcontractors must have a permanent place of business in the Glades prior to the County’s issuance of any solicitation. A Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless specifically exempted by law, and will be used to verify the subcontractors permanent place of business. The bidder must submit this Certification of Business Location (“Certification”) along with the required Business Tax Receipt at the time of bid submission. This Certification is the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a Glades local preference.

I. Subcontractor is a: Glades Business A Glades business has a permanent place of business in the Glades.

(Please indicate):

________ Headquarters located in the Glades

________ Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services.

II. Subcontractor’s Scope of Work and Bid Price:

Scope of Work: _______________________________________________________

Bid Price: ___________________________________________________________

Business Address: _____________________________________________________

II. The attached copy of the subcontractor’s Palm Beach County Business Tax Receipt verifies the subcontractor’s permanent place of business.

THIS CERTIFICATION is submitted by __________________________________, as (Name of Individual)

_____________________________________, of __________________________________________.

(Title/Position) (Firm Name of Subcontractor) who hereby certifies that the information stated above is true and correct and that the Palm Beach County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the subcontractor on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business.

PROJECT NO.:18-064 BID FORM - 12 Rev 11-5-20

ATTACHMENT NO. 4 TO BID FORM

LIST OF MAJOR SUBCONTRACTORS

WUD PROJECT NO: 18-064

DATE: _____________________________________

A list of major subcontractors to be utilized on the project shall be provided herein. Refer to Instructions to Bidders, Paragraph 5.1.6. The Contractor shall complete all information (Trade, Subcontractor, License/Certificate Number) in all categories that apply. Suppliers or off-site fabricators are not to be listed.

The purpose of this list is to discourage “sub-shopping” in general, to verify appropriate licenses and to provide a basis for the implementation of the substitution provisions of this Contract (Instructions to Bidder 2.3). The receipt of this Attachment in no way constitutes approval or disapproval by the County of any subcontractor listed. Failure to furnish all information may result in rejection of bid.

The Bidder has estimated the following are the major subcontractors to be used if the undersigned is awarded the contract.

TRADE SUBCONTRACTOR LICENSE/CERTIFICATE NO.

Bidding Contractor:_________________________________________________________________

PROJECT NO.:18-064 BID FORM - 13 Rev 11-5-20

ATTACHMENT NO. 5 TO BID FORM

TRENCH SAFETY AFFIDAVIT

DATE: _______________________

FAILURE TO COMPLETE THIS FORM SHALL RESULT IN THE BID BEING DECLARED

NONRESPONSIVE.

___________________________________(NAME OF CONTRACTOR) hereby provides written assurance that the Trench Safety Standards identified in the Occupational Safety & Health Administration’s Excavation Safety Standards, (OSHA) 29 C.F.R. 1926.650 Subpart P will be adhered to during trench excavation in accordance with Florida Statute 553.60 through 553.64 inclusive (1990), “Trench Safety Act”.

The undersigned acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida “Trench Safety Act” as summarized below: (Attached additional sheets as necessary) Schedule Item Trench Safety

Measure (Slope, Trench Shield, etc.)

Cost (Per Linear ft. of trench, or per sq. ft. of shoring)

TOTAL

(Printed Name) (Title)

STATE OF FLORIDA

COUNTY OF ____________________

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ___ day of _____________, _____, by __________________, who is ☐ personally known to me or ☐ has produced ____________________ as identification.

(Signature of Notary Public – State of Florida)

(Print, Type, or Stamp Commissioned Name of Notary Public)

END OF SECTION