18-Special Instructions to Vendors - PNC2130221C1.pdf

SPECIAL INSTRUCTIONS TO VENDORS

QUOTATION REQUEST OR INVITATION TO BID

Broadview Park Draing Green Infrastructure Project

A. Scope

Furnish all labor, materials, equipment, supervision, and incidentals required to perform the Broadview Park Drainage Green Infrastructure Project located in the Broward County Municipal Service District.

Work includes roadway and drainage components, maintenance of traffic, resurfacing, pervious asphalt, pervious concrete, pavement markings, barrier wall, stormwater pump station, and landscaping. All work must be completed in a competent and professional manner in compliance with all applicable building, safety, technical and related codes, and laws.

B. Contract Type Definite Quantity Contracts. This solicitation is for a definite quantity of goods or services. Purchase order(s) for the quantity(ies) stated in the solicitation will be issued to the Vendor after notification of award and receipt of all required documents or as otherwise stated in the solicitation.

The County may order additional quantities of up to an additional twenty percent (20%) of the originally specified quantities at any time prior to the expiration of one (1) year after the date of award; if mutually agreed, the awarded Vendor must furnish such additional quantities at the same prices, terms, and conditions as stated in the solicitation and the response. If the County requires delivery within a shorter period than the delivery time specified in the solicitation (if any), and if the awarded 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 provided the County purchases the remainder of the definite quantity from the awarded Vendor under the delivery terms specified in the solicitation.

The Contract, including Standard Terms and Conditions, Contract Supplemental Conditions (as applicable), Contract General Conditions, Contract Supplemental General Conditions (as applicable), Specifications and Requirements, and Drawings, and Department of Economic Opportunity Community Development Block Grant] apply to this Project.

C. Office of Economic and Small Business Requirements A SBE/CBE Reserve or CBE Goal is not applicable to this solicitation.

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) This project is funded by the State of Florida Department of Economic Opportunity – Federally Funded Community Development Block Grant Mitigation Program (CDBG-MIT). Refer to Department of Economic Opportuntiy Community Development Block Grant for requirements of the grant.

The vendor should review and comply with the following Appendix II federal clauses which can be found at the following link:

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix- Appendix%20XII%20to%20Part%20200

Equal Opportunity Clause Davis-Bacon Act Copeland Anti-Kickback Act Contract Work Hours and Safety Standards Act Rights to Inventions Clean Air Act & Federal Water Pollution Control Act Debarment and Suspension, also including a clause for compliance with requirements under 24 CFR 570.609 Byrd Anti-Lobbying Amendment Section 3 Clause under 24 CFR 75

Domestic Preference: Vendor should review and comply with Title 2 CFR 200.322 (a). The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards.

Recovered Materials: Vendor should review and comply with Title 2 CFR 200.323 (a). A recipient or subrecipient that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of https://www.ecfr.gov/current/title-40/part-247 https://www.govinfo.gov/link/uscode/42/6962 https://urldefense.com/v3/__https:/www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix*20XII*20to*20Part*20200__;JSUlJQ!!DU4c0PqsyQ!wbSpVX4Muml-PG9vw386_lXGppuSeJNNov0aguhugiIANaC8JKQ9OkKuoqTTdm2s95IdwH2N347tPuQWwopRRBqr9zXD42w$ https://urldefense.com/v3/__https:/www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix*20XII*20to*20Part*20200__;JSUlJQ!!DU4c0PqsyQ!wbSpVX4Muml-PG9vw386_lXGppuSeJNNov0aguhugiIANaC8JKQ9OkKuoqTTdm2s95IdwH2N347tPuQWwopRRBqr9zXD42w$ recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Record Access and Retention of Project Files: Vendor should review and comply with Title 2 CFR 200.334 -https://www.ecfr.gov/current/title-2/section-200.334.

Vendor should review and comply with Title 2 CFR 200.325(b) – eCFR :: 2 CFR 200.325 -- Federal agency or pass-through entity review.

Vendor should review and comply with the Federally Funded Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement and unsigned Amendment One to the Agreement ("Exhibit A to the BCF170"). The signed version of Amendment One will replace the unsigned version prior to the bid close date.

E. Specifications and Requirements Specifications and Requirements and Drawings included apply to this solicitation.

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 30 percent of the total contract price.

H. Fiscal Year End Not applicable to this solicitation.

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.

J. Multiple Awards Not applicable to this solicitation.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.325 https://www.ecfr.gov/current/title-2/section-200.334

K. Price Adjustment/Escalation Not applicable to this solicitation.

L. Maintenance and Service Requirements Not applicable to this solicitation.

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 GENERAL CONTRACTOR ;

OR

CERTIFIED BUILDING CONTRACTOR;

OR

Broward County: GENERAL BUILDING CONTRACTOR CLASS “A” [Must be registered with the State]

OR

GENERAL BUILDING CONTRACTOR CLASS “B”

[Must be registered with the State]

OR

GENERAL EGNINEERED CONSTRUCTION BUILDER

[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 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 Not applicable to this solicitation.

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 the Specifications and Requirements.

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 allowance amount of $100,000.00 for the below item(s):

Permits: $ 50,000.00 Security Services $ 50,000.00

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.

R. Recycling Preference Not applicable to this solicitation.

S. Prevailing Wage Rates Davis-Bacon and Copeland Anti-Kickback Acts:

The Davis-Bacon and Copeland Anti-Kickback Acts and/or the Contract Hours and Safety Standards are applicable to this solicitation. The HUD 4010 form provides all the Davis Bacon and Related Acts requirements. The form is located on the HUD website https://www.hud.gov/sites/dfiles/OCHCO/documents/4010.pdf ..

T. Liquidated Damages

1. Refer to Contract (BCF170), Summary of Terms and Conditions and Article 3.3.

U. Payment Refer to Contract (BCF 170).

https://urldefense.com/v3/__https:/www.hud.gov/sites/dfiles/OCHCO/documents/4010.pdf__;!!DU4c0PqsyQ!wbSpVX4Muml-PG9vw386_lXGppuSeJNNov0aguhugiIANaC8JKQ9OkKuoqTTdm2s95IdwH2N347tPuQWwopRRBqrLDcGhHk$

V. Additional Information/Instructions Not applicable to this solicitation.

Form Date 7/1/25