18-Special Instructions to Vendors - OPN2131152B1 FEMA Compliant Fabricate and Refurbish Water and Wastewater Control Panels.pdf

SPECIAL INSTRUCTIONS TO VENDORS

QUOTATION REQUEST OR INVITATION TO BID

FEMA Compliant Fabricate and Refurbish Water and Wastewater Control Panels

A. Scope

This open-end contract is to supply and deliver Federal Emergency Management Agency (FEMA) compliant

Fabrication and Refurbishment Water and Wastewater Control Panels, for Water and Wastewater Services 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 June 1, 2026 and shall terminate one-year from that date. There will not be any renewal options for this contract. 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

A SBE/CBE Reserve or CBE Goal is not applicable to this solicitation.

D. Funding Requirements (ex. Grant, State, or Federal)

Refer to FEMA requirements.

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 100 percent of the total contract price.

H. Fiscal Year End

I. Basis of Award

Award of this contract will be made to the lowest responsive, responsible bidder on a total bid price (sum of all items) basis. The County reserves the right to award on a group basis (if applicable), item by item basis or total bid price basis, whichever is deemed to be in the County’s best interest, in accordance with General Conditions, Section B.7.

J. Multiple Awards

K. Price Adjustment/Escalation

L. Maintenance and Service Requirements

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: CERTIFIED ELECTRICAL CONTRACTOR

OR

COUNTY: MASTER ELECTRICAL CONTRACTOR

(Must be registered with the State)

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 that 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

Proof of certification 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. Vendor may be deemed nonresponsive for failure to fully comply with the stated timeframes.

O. Permits and Fees

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 $ 22,500 for the below item(s):

Materials and Equipment: $ 15,000

Security Badge and Non-Broward County Agency, Permits and Fees: $ 2,500

Specialty Subcontractor Services: $ 5,000

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.

R. Recycling Preference

S. Prevailing Wage Rates

T. Liquidated Damages

Refer to FEMA Requirements

U. Payment

Refer to Specifications and Requirements.

V. Additional Information/Instructions

Form Date 10/10/25