18321A-R2 IFQ Package - no plans.pdf

INVITATION FOR QUOTE/BID

ANNUAL CONTRACT

DATE: March 28, 2019

SENT TO: All Qualified Contractors

On the Annual Contract - Flooring

SENT FROM: Capital Improvements Division / P.P.I.G.

SENDER: Anthony Longo

PHONE: 561-233-0219

PROJECT NAME: MJC Public Defender – Carpet Replacement

PROJECT NUMBER: 18321A-R2

Mandatory Pre-Bid Conference. There will be a Mandatory Pre-Bid Meeting at MJC Public Defender Lobby located at 421 3rd Street, West Palm Beach, FL at 10:00 AM on April 18, 2019 unless attended previously scheduled pre-bid on February 26, 2019 for Project #18321A. The purpose of this pre-bid meeting will be to review the requirements for the project described in this

Invitation for Quote/Bid. The work is to be done under the terms and conditions of Palm Beach County’s Annual Contract – Flooring as supplemented by the special conditions of this Invitation for Quote/Bid.

You must attend this meeting if you intend to bid this work.

If you have any questions, please contact us at:

FDO-CID-Bids@pbcgov.org

Form Rev. 03/19/19 Invitation for Quote – Non-federal mailto:FDO-CID-Bids@pbcgov.org

Only questions received in writing will be responded to regarding this Invitation for Quote/Bid.

Questions must be e-mailed to FDO-CID-Bids@pbcgov.org

BID/QUOTATION FORM

The Bid/Quotation Form shall be enclosed in a sealed opaque envelope. The envelope shall be addressed as follows:

18321A-R2

MJC Public Defender – Carpet Replacement

Capital Improvements Division

2633 Vista Parkway

West Palm Beach, Florida 33411

Attention: Anthony Longo

No responsibility will be attached to the Owner for premature opening of or failure to open a bid/quotation not properly identified. If the quotation is sent by mail, the sealed envelope shall be enclosed in a separate mailing with the notation "SEALED BID/QUOTE ENCLOSED" on the face thereof.

PROJECT NO.: 18321A-R2

DUE: May 2, 2019 by 2:00 PM

RETURN TO: Anthony Longo, Manager

Procurement & Project Implementation Group

Capital Improvements Division

2633 Vista Parkway

West Palm Beach, FL 33411

Qualification of Contractors. In order to submit a bid/quote in response to this IFB/Q, a contractor must be qualified under the Annual Contract - Flooring. A contractor may obtain a Qualification Application for this Annual Contract by sending an email with the Project # in the subject line to: FDO-CID-

Bids@pbcgov.org or call (561) 233-0261. Qualification applications may also be downloaded from the

County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. The contractor must submit the Qualification Application at least 10 days before the Bid/Quote Due Date in order for its bid/quote to be considered.

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

1. SCOPE OF WORK: This quotation is to furnish all material, labor, supervision, permits and supplies necessary and reasonably incidental to replace flooring per the specifications provided by Capital

Improvements Division in the Invitation for Quote/Bid at Attachment “D” and/or available at the pre-bid meeting held on April 18, 2019, unless attended previously scheduled pre-bid on February 26, 2019 for

Project #18321A. Work is to be done under the terms and conditions of Palm Beach County’s Annual

Contract – Flooring and pursuant to the special conditions of the Work Order, both of which are incorporated into the Contract Documents by reference.

2. SCHEDULE OF TIME FOR COMPLETION. The time of completion for this Project will be as follows: The Contractor shall substantially complete the work within one hundred twenty (120) calendar days from the Notice to Proceed from Owner.

3. BID SECURITY AND PUBLIC CONSTRUCTION BOND. Bid Security and Public Construction

Bond are required for this Project in accordance with Section 5.2 of the Instructions to Bidders of the Annual

Contract as follows:

Bid Security. If Bid is $200,000 or over, this Bid/Quote 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, see Section 5.2.2 of the Instructions to Bidders of the Annual Contract for detailed requirements regarding Bid

Security.

Public Construction Bond. If Bid is $200,000 or over (or if cumulative open work orders are

$200,000 or over), then prior to execution of a Work Order, and not later than fourteen (14) calendar days after notification from Owner, the successful Bidder shall furnish a Public Construction Bond in the amount of 100% of the Work Order and Guarantee, see Section 5.2.3 of the Instructions to

Bidders of the Annual Contract for detailed requirements regarding the Public Construction Bond and Guarantee.

4. LIQUIDATED DAMAGES. Liquidated Damages are $143/day for failure to achieve certification of

Substantial Completion within the Work Order time or approved extension thereof.

5. SPECIAL CONDITIONS OF WORK ORDER

A Bidder must comply with the requirements contained in these Special Conditions to be deemed responsive to this Invitation for Quote/Bid. Failure to comply will result in the bid/quote not being considered.

Special Condition No. 1. Attachment “A” incorporates the provisions of the EBO Program that are applicable to this Work Order and shall supersede and replace all of Section 5.3 in the Instructions to Bidders and any conflicting provisions of the remainder of the Contract Documents. All Bidders are required to submit with their bid the appropriate EBO Program schedules in order to be deemed responsive to this Invitation for Quote/Bid. EBO Schedules to be submitted with the bid/quote are as follows:

a) Schedule 1 - List of All Proposed Subcontractors, including S/M/WBE Participation. A completed Schedule 1 shall list the names of all subcontractors, including S/M/WBE subcontractors, intended to be used in performance of the contract, if awarded. This schedule shall also be used if an S/M/WBE prime bidder is utilizing any subcontractors.

b) Schedule(s) 2 - Letter(s) of Intent to Perform as a Subcontractor, including S/M/WBE Subcontractors. A Schedule 2 for each subcontractor, including each S/M/WBE subcontractor, listed on Schedule 1, shall be completed and executed by the proposed subcontractor. The type of Work to be performed by each subcontractor and the dollar value or percentage shall also be specified. Additional copies may be made as needed. A completed Schedule 2 is a binding agreement between the prime contractor and the subcontractor and should be treated as such.

Special Condition No. 2. Attachment “B” identifies the affirmative procurement initiatives (APIs) applicable to this Invitation for Quote/Bid.

If Bidder is unable to comply with the API requirements as set forth in Special Condition No. 2

(Attachment “B” hereto), such Bidder shall submit a request for a waiver or partial waiver at least

(7) days prior to the bid/quote due date as explained in Attachments “A” and “B”. If Bidder requests a waiver from an API from the Office of EBO at least 7 days prior to the bid/quote due date, then the bid/quote 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.

BID FORM

IN ORDER TO BE DEEMED RESPONSIVE TO THIS INVITATION TO QUOTE/BID, THE QUOTE/BID

PACKAGE MUST CONTAIN:

a) This Quote/Bid Form completed and executed.

b) Schedules 1 and 2.

c) Bid Security. (If the bid/quote is $200,000 or more).

THE FOLLOWING MUST BE COMPLETED AND SIGNED BY CONTRACTOR

1. TOTAL BID/QUOTE AMOUNT $

Written amount

2. Bidder commits to achieving the APIs applicable to this solicitation as designated on Attachment B and as submitted on its Schedules 1 and 2.

3. Is the Bidder a Palm Beach County Registered S/M/WBE? Yes_____ No_____

4. Commercial Non-Discrimination Certification. The undersigned Bidder hereby certifies and agrees that the following information is correct: In preparing its response to 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.

BID/QUOTE PROVIDED BY:

Contractor Name

Date Signature

Title

Bid/Quotes Must Contain Original Signatures. No Copies or Faxed Quotes Will Be Accepted

REVISED 12/31/2018

OEBO SCHEDULE 1

LIST OF PROPOSED CONTRACTOR/CONSULTANT AND SUBCONTRACTOR/SUBCONSULTANT PARTICIPATION

SOLICITATION/PROJECT/BID NAME: _________________________________________ SOLICITATION/PROJECT/BID No.: ______________________________________

NAME OF PRIME RESPONDENT/BIDDER: ______________________________________ ADDRESS: _________________________________________________________

CONTACT PERSON: _______________________________________________________ PHONE NO.: ___________________________ E-MAIL:______________________

SOLICITATION OPENING/SUBMITTAL DATE: ___________________________________ DEPARTMENT: ______________________________________________________

PLEASE LIST THE DOLLAR AMOUNT OR PERCENTAGE OF WORK TO BE COMPLETED THE PRIME CONTRACTOR/CONSULTANT ON THIS PROJECT.

PLEASE ALSO LIST THE DOLLAR AMOUNT OR PERCENTAGE OF WORK TO BE COMPLETED BY ALL SUBCONTRACTORS /SUBCONSULTANTS

ON THE PROJECT.

( Check all Applicable Categories) Non-SBE M/WBE SBE

DOLLAR AMOUNT OR PERCENTAGE OF WORK

Name, Address and Phone Number

Minority/Women Small Business Business

Black

Hispanic

Women

Caucasian

Other

(Please Specify)

2.

3.

4.

5.

(Please use additional sheets if necessary) Total ________ _________ _________ _________ _________

Total Bid Price $ ________________________________________ Total SBE - M/WBE Participation _____________

Note: 1. The amount listed on this form for a Subcontractor/subconsultant must be supported by price or percentage listed on the properly executed Schedule 2 or attached signed proposal.

2. Firms may be certified by Palm Beach County as an SBE and/or and M/WBE. If firms are certified as both an SBE and/or M/WBE, please indicate the dollar amount under the appropriate category.

3. Modification of this form is not permitted and will be rejected upon submittal.

OEBO LETTER OF INTENT – SCHEDULE 2

Revised 12/31/2018

A completed Schedule 2 is a binding document between the Prime Contractor/consultant and a Subcontractor/subconsultant (for any tier) and should be treated as such. The Schedule 2 shall contain bolded language indicating that by signing the Schedule 2, both parties recognize this Schedule as a binding document. All subcontractors/subconsultants, including any tiered subcontractors/subconsultants, must properly execute this document. Each properly executed Schedule 2 must be submitted with the bid/proposal.

SOLICITATION/PROJECT NUMBER: __________________________________________________________________

SOLICITATION/PROJECT NAME: ____________________________________________________________________

Name of Prime: _________________________________________________________________________________ (Check box(s) that apply) � SBE � WBE � MBE � M/WBE � Non-S/M/WBE Date of Palm Beach County Certification (if applicable):_______________.

The undersigned affirms they are the following (select one from each column):

Column 1 Column 2

� Male � Female � African-American/Black � Asian American � Caucasian American � Hispanic American � Native American

S/M/WBE PARTICIPATION – S/M/WBE Primes must document all work to be performed by their own work force on this form. Failure to submit a properly executed Schedule 2 for any S/M/WBE participation may result in that participation not being counted. Specify in detail, the scope of work to be performed or items supplied with the dollar amount and/or percentage for each work item. S/M/WBE credit will only be given for the areas in which the S/M/WBE is certified. A detailed proposal may be attached to a properly executed Schedule 2.

Line Item

Item Description Unit Price Qty./Units Contingencies/ Allowances

Total Price/Percentage

The undersigned Subcontractor/subconsultant is prepared to self-perform the above-described work in conjunction with the aforementioned project at the following total price or percentage: ___________________________________________________________

Print name of Prime Print name of Subcontractor/subconsultant

By: _____________________________________________ By: ________________________________________________

Authorized Signature Authorized Signature

Print name Print name

Title Title

Date: ___________________________________________ Date: ______________________________________________

If the undersigned intends to subcontract any portion of this work to another Subcontractor/subconsultant, please list the business name and the amount below accompanied by a separate properly executed Schedule 2.

_______________________________________________ Price or Percentage: ____________________________ Name of 2nd/3rd tier Subcontractor/subconsultant

ATTACHMENT “A”

EBO Program

The Provisions of this Attachment shall take precedence and control over any inconsistent or conflicting provisions in the Contract Documents.

1. 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

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

The Bidder acknowledges and agrees that all subcontractor agreements shall include a commercial non-discrimination clause.

2. 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 the award of a Work Order until a contractor has certified that the contractor and all of its subcontractors are registered in VSS.

3. Section 5.2.1 of the Instructions to Bidders in the Contract Documents is replaced with the following:

5.2.1 General. Bid Security is not required for Work Orders of less than $200,000. The Public

Construction Bond is waived for Work Orders less than $200,000 where Bidder’s cumulative open

Work Orders do not exceed $200,000. Any proposed Work Order which will cause a Bidder’s cumulative open Work Orders to exceed $200,000 shall require a Public Construction Bond. Any individual Work Order exceeding $200,000 shall require a Public Construction Bond.

4. Section 5.3 of the Instructions to Bidders in the Contract Documents is replaced with the following:

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 M/WBE goals, are set out on Attachment B to the Invitation for

Bid/Quote 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, 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 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. However, if the Office of EBO determines that the Bidder failed to submit documentation sufficient to demonstrate that

Good Faith Efforts were undertaken by the Bidder to support its waiver or partial waiver request, the request for waiver or partial waiver shall be denied, and the solicitation shall remain unchanged. In the event of an adverse waiver or partial waiver request decision, the Bidder shall have the right to request reconsideration of the adverse decision by the Director of the Office of EBO, and if still aggrieved, shall be subsequently entitled to the process for an appeal to a Special Master as referenced in Section 2.-80.28 (b) of the EBO

Ordinance. The solicitation due date shall be extended pending the EBO Director reconsideration and

Special Master appeal process if requested.

Good Faith Efforts means documentation of the Bidder’s intent to comply with the applicable APIs, including, but not limited to, the following: (1) documentation as stated in the solicitation reflecting the

Bidder’s commitment to comply with SBE or M/WBE goals as established by the Office of EBO for a particular contract; or (2) documentation of efforts made toward achieving EBO program goals (e.g., solicitations of bids/proposals/qualification statements from all qualified SBE firms or M/WBE firms listed in the Office of EBO’s directory of certified SBE or M/WBE firms; correspondence from qualified SBE or

M/WBE firms documenting their unavailability to perform SBE or M/WBE contracts; documentation of efforts to subdivide work into smaller quantities for subcontracting purposes to enhance opportunities for

SBE or M/WBE firms; documentation of a Prime Contractor’s posting of a bond covering the work of SBE or M/WBE subcontractors; documentation of efforts to assist SBE or M/WBE firms with obtaining financing, bonding or insurance required by the Bidder; and documentation of consultations with trade associations and consultants that represent the interests of SBE and/or M/WBEs in order to identify qualified and available SBE or M/WBE subcontractors). Scoring of Good Faith Efforts documentation and administrative determinations regarding the adequacy of such Good Faith Efforts is the responsibility of the Office of EBO.

5.3.4 Bid Submission Documentation. S/M/WBE bidders, bidding as prime contractors, are advised that they must complete Schedule 1 listing the Work to be performed by their own workforce as well as the Work to be performed by any subcontractor, including S/M/WBE subcontractors. Failure to include this information on Schedule 1 will result in the participation by the S/M/WBE prime bidders own workforce NOT being counted towards meeting the S/M/WBE goal. This requirement applies even if the S/M/WBE contractor intends to perform 100% of the Work with their own workforce.

All Bidders are required to submit with their bid the appropriate EBO schedules in order to be deemed responsive to this solicitation. EBO documentation to be submitted is as follows:

5.3.4.1 Schedule 1 - List of All Proposed Subcontractors, including S/M/WBE Participation. A completed Schedule 1 shall list the names of all subcontractors, including S/M/WBE subcontractors, intended to be used in performance of the contract, if awarded. This schedule shall also be used if an S/M/WBE prime bidder is utilizing any subcontractors.

5.3.4.2 Schedule(s) 2 - Letter(s) of Intent to Perform as a Subcontractor, including S/M/WBE Subcontractors. A Schedule 2 for each subcontractor, including each S/M/WBE subcontractor, listed on Schedule 1, shall be completed and executed by the proposed subcontractor. The type of Work to be performed by each subcontractor and the dollar value or percentage shall also be specified. Additional copies may be made as needed. A completed Schedule 2 is a binding agreement between the prime contractor and the subcontractor and should be treated as such.

Completed and submitted EBO forms are incorporated into and made a part of the Contract Documents.

5.3.5 S/M/WBE Certification. Only those firms certified by Palm Beach County at the time of bid opening shall be counted toward the established S/M/WBE goal. Upon receipt of a complete application, IT TAKES UP TO NINETY (90) DAYS TO BECOME CERTIFIED AS AN S/M/WBE WITH PALM

BEACH COUNTY. It is the responsibility of the bidder to confirm the certification of any proposed S/M/WBE; therefore, it is recommended that bidders visit the on-line S/M/WBE Directory at www.pbcgov.org/osba to verify S/M/WBE certification.

5.3.6 Counting S/M/WBE Participation. Once a firm is determined to be an eligible

S/M/WBE according to the Palm Beach County certification procedures, the Prime may count toward its S/M/WBE goals only that portion of the total dollar value of a contract performed by the S/M/WBE.

The Prime may count toward its S/M/WBE goal a portion of the total dollar value of a contract with a joint venture, eligible under the standards for certification, equal to the percentage of the ownership and control of the S/M/WBE partner in the joint venture.

The Prime may count toward its S/M/WBE goal the entire expenditures for materials and equipment purchased by an S/M/WBE subcontractor, provided that the S/M/WBE subcontractor has the responsibility for the installation of the purchased materials and equipment.

The Prime may count the entire expenditure to an S/M/WBE manufacturer (i.e., a supplier/distributor that produces goods from raw materials or substantially alters the goods before resale).

The Prime may count sixty percent (60%) of its expenditure to S/M/WBE suppliers/distributors that are not manufacturers.

The Prime may count toward its S/M/WBE goal second and third tiered S/M/WBE subcontractors, provided that the Prime submits a completed Schedule 2 form for each S/M/WBE subcontractor.

http://www.pbcgov.org/osba

The Prime may only count towards its S/M/WBE goal the goods and services in which the SBE is certified.

A certified S/M/WBE Prime may count toward the established goal the goods and services in which it performs with its own work force. The Prime S/M/WBE shall submit a completed Schedule 1 and 2.

5.3.7 S/M/WBE Participation. Bidder represents and warrants that Bidder will meet the S/M/WBE participation percentages submitted in its bid/quote with the subcontractors contained on Schedules 1 and 2 and at the dollar values specified. Bidder agrees to provide any additional information requested by the County to substantiate participation.

5.3.8 Post Bid Waiver Request. After submission of a bid, if Bidder, through no fault of its own, is unable to meet the S/M/WBE participation specified in its bid, then Bidder must immediately seek substitute S/M/WBEs to fulfill the requirements and obtain the approval of the EBO Director. If, after reasonable Good Faith Efforts, the Bidder is unable to find an acceptable substitute S/M/WBE, a post-bid opening waiver may be requested. The request shall document the reasons for the Bidder’s inability to meet the goal requirement. In the event the Bidder is found not to have performed Good Faith Efforts in its attempt to find a suitable a substitute for the initial S/M/WBE proposed utilization, one (1) or more of the penalties and sanctions as set forth in Section 5.3.12 herein may be imposed by the Office of EBO.

5.3.9 Responsibilities after Award of Work Order. The successful Bidder shall submit the following forms with each pay application:

5.3.9.1 Schedule 3 – Subcontractor Activity Form. This form shall be submitted by the prime contractor with each payment application when subcontractors, including S/M/WBE subcontractors, are utilized in the performance of the Work Order. This form shall contain the names of all subcontractors, including S//M/WBE subcontractors, specify the subcontracted dollar amount for each subcontractor approved change orders, revised subcontractor contract amount, including S/M/WBE contract amount, amount drawn this period, amount drawn to date, and payments to date issued to subcontractors. This form is intended to be utilized on all non-professional services contracts.

5.3.9.2 Schedule 4 – Subcontractor Payment Certification, including S/M/WBEs. A Schedule 4 for each subcontractor, including each S/M/WBE, shall be completed and signed by each subcontractor, including each S/M/WBE, after receipt of payment from the prime. The prime shall submit this Schedule 4 with each payment application submitted to the County to document payment issued to a subcontractor in the performance of the Work Order.

The successful bidder shall submit an Subcontractor Activity Form (Schedule 3) and Subcontractor Payment Certification Forms (Schedule 4) with each payment application. Failure to provide these forms may result in a delay in processing payment or disapproval of the invoice until they are submitted. The Subcontractor Activity Form (Schedule 3) is to be filled out by the Prime Contractor and the Subcontractor Payment Certification Form (Schedule 4) is to be executed by each subcontractor to verify receipt of payment.

Upon letter notification by the County that the payment tracking system is automated, the prime contractor is required to input all subcontractor payment information directly into the County’s contract information system prior to submitting a payment application.

5.3.10 S/M/WBE Substitutions after Award of Work Order. After award of a Work Order, the successful bidder will only be permitted to replace a certified S/M/WBE subcontractor who is unwilling or unable to perform. Such substitution must be done with other certified S/M/WBEs in order to maintain the

S/M/WBE percentages submitted with the bid. Requests for substitutions must be submitted to the

Department issuing the bid and the Office of EBO for approval. Any desired change in the S/M/WBE participation schedule shall be approved in advance by the Office of EBO and shall indicate the Prime

Contractor's Good Faith Efforts to substitute another certified S/M/WBE Subcontractor (as appropriate) to perform the work. Any desired changes (including substitutions or termination and self-performance) must be approved in writing in advance by the Office of EBO. Upon receiving approval of substitution for the

S/M/WBE subcontractor, the Prime must submit a completed and signed Schedule 2 by the proposed

S/M/WBE subcontractor. Subcontractors shall specify the type of Work to be performed, the cost or percentage shall also be specified. In the event the Prime Contractor is found not to have performed Good

Faith Efforts in its attempt to find a suitable a substitute for the initial S/M/WBE proposed utilization, one

(1) or more of the penalties and sanctions as set forth in Section 5.3.12 herein may be imposed by the Office of EBO.

5.3.11 Change Orders and Modifications. If the County’s issuance of an alternate or change order on a project results in changes in the scope of Work to be performed by a S/M/WBE subcontractor listed at bid opening, the Prime must submit a modified, completed and signed Schedule 2 that specifies the revised scope of Work to be performed by the S/M/WBE, along with the price and /or percentage.

5.3.12 EBO Program Compliance, Enforcement, Penalties. Under the EBO Ordinance, the

Office of EBO is required to implement and monitor S/M/WBE utilization during the term of any contract resulting from this solicitation. It is the County’s policy that S/M/WBEs shall have the maximum feasible opportunity to participate in the performance of County contracts. All Bidders are required to comply with the EBO Ordinance and shall be expected to comply with the APIs applicable to this solicitation, as well as the S/M/WBE utilization proposed by a Bidder in its Bid, which utilization plan forms a part of any resulting

Work Order.

The Office of EBO and the Department shall have the right to request and review Contractor’s books and records to verify Contractor’s compliance with the Contract, adherence to the EBO Program and its Bid. The Office of EBO and the Department shall have the right to interview subcontractors and workers at the work site to determine Contract compliance. Contractor shall retain all books and records pertaining to this Contract, including, but not limited to, subcontractor payment records, for four (4) years after project completion date, or such longer time as may be required in other provisions of this Contract, and make such records available for inspection in Palm Beach County by the Office of EBO and the County at any reasonable time during the four (4) years.

The Director of the Office of EBO or designee may require such reports, information, and documentation from Contractor as are reasonably necessary to determine compliance with the EBO

Ordinance requirements. Contractor shall correct all noncompliance issues within 15 calendar days of a written notice of noncompliance by the contracting department or the Office of EBO. If the Contractor does not resolve the non-compliance within 15 days of receipt of written notice of non-compliance, then the Director of the Office of EBO or designee may impose upon the non-complying party any or all of the following penalties:

a. Suspension of contract;

b. Withholding of funds;

c. Termination of contract based upon a material breach of contract pertaining to EBO Program compliance;

d. Suspension or Debarment of a respondent or bidder, contractor or other business entity from eligibility for providing goods or services to the County for a period not to exceed three (3) years; and

e. Liquidated damages equal to the difference in dollar value of S/M/WBE participation as committed to in the contract, and the dollar value of S/M/WBE participation as actually achieved.

4. The first paragraph of General Condition Number 68.3 in the Contract Documents is amended to state the following:

68.3 If the pay estimate and support data are not approved, the Contractor is required to submit new, revised or missing information according to the Owner's instructions. Otherwise, the Contractor shall prepare and submit to Owner an invoice in accordance with the estimate as approved. Owner will pay

Contractor, in accordance with Local Government Prompt Payment Act (FS 218.70). Owner shall provide

Contractor with a written notice of disputed pay request within 10 business days after receipt of such pay request which clearly states any and all deficiencies in Contractor’s pay request that will prevent prompt processing and issuance of payment. To the extent there is an undisputed portion of the pay request that can be paid, the Owner shall proceed with prompt payment of that portion of the pay request. In the event any dispute with respect to any payment or pay request cannot be resolved between the Contractor and

Owner’s project staff, Contractor may, in accordance with the alternative dispute resolution requirements of Florida Statute section 218.72, et. seq., demand in writing a meeting with and review by the department director. In the absence of the department director, a deputy director may conduct the meeting and review.

Such meeting and review shall occur within ten (10) business days of receipt by Owner of Contractor’s written demand. The department director, or deputy director, shall issue a written decision on the dispute within ten (10) business days of such meeting. This decision shall be deemed the Owner’s final decision for the purpose of the Local Government Prompt Payment Act. Contractor must remit undisputed payment due for labor, services, or materials furnished by subcontractors and suppliers hired by the Contractor, within 10 days after the contractor’s receipt of payment from the County pursuant to Section 218.70, Florida

Statutes. Contractor shall provide subcontractors and suppliers hired by Contractor with a written notice of disputed invoice within 5 business days after receipt of invoice which clearly states the reasons for the disputed invoice.

ATTACHMENT “B”

(for Asphalt, Flooring, Demolition)

AFFIRMATIVE PROCUREMENT INITIATIVES FOR CONSTRUCTION

PROCUREMENT (“API”s)

The API(s) approved for this project are selected below by ☒. Any bid that fails to comply with the API requirements after the period allowed for waiver requests has lapsed shall be deemed non-responsive. 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 APIs.

☒ SBE Sheltered Market for Small Construction Contracts

Under this contract, Work Orders $100,000 and below are reserved for competition among only certified SBEs. Small prime construction contracts (single trade or multi-trade) valued at or below $100,000 may be reserved for sheltered market competition where only certified SBEs are eligible to submit bids or quotes.

☐ SBE Subcontracting Program

A minimum mandatory goal of 20% SBE participation is established for this contract. The EBO Office shall reduce or waive this goal when there is inadequate availability of SBE prime and / or subcontractor firms. Respondents/bidders may request such waivers at least seven (7) days prior to bid opening based on submission of adequate Good Faith Efforts documentation.

☒ SBE Price Preference For Single Trade Construction

The work orders under this contract shall be awarded to the lowest, responsive, responsible bidder unless a certified SBE’s bid is within ten percent (10%) of the lowest non-SBE bid, in which case the award shall be made to the certified SBE bidder. Construction contracts where there are no opportunities for subcontracting (i.e. single trade), may include a provision requiring awards of the contract to be made to the lowest responsive, responsible respondent or bidder unless a certified SBE’s bid is within ten (10) percent of the lowest non-small business bid, in which case the award shall be made to the certified small business bidder submitting the lowest responsive, responsible bid at the price that it bid.

☐ M/WBE Subcontracting Goal*

_______% (Up to 40%) of this Contract shall be subcontracted to certified M/WBEs owned by African

American, Hispanic American, Asian American, Native American, or non-minority women persons.

The EBO Office shall reduce or waive this goal when there is inadequate availability of M/WBE prime and

/ or subcontractor firms. Respondents/bidders may request such waivers at least seven (7) days prior to bid opening based on submission of adequate Good Faith Efforts documentation. In the absence of a waiver granted by the Office of EBO, a respondent/bidder who does not commit to satisfying the M/WBE subcontracting goal shall be considered non-Responsive.

☐ M/WBE Segmented Subcontracting Goals*

___________% of the M/WBE subcontracting goal shall be achieved through the utilization of certified M/WBEs owned by ☐ African American, ☐ Hispanic American, ☐ Asian American, ☐

Native American, and ☐ non-minority women persons (check applicable). M/WBE Segmented

Subcontracting Goals are established on an individual County contract wherein an overall combined

M/WBE goal is accompanied by subsets of one or more smaller goals that specifically target the participation of a particular segment of Minority Group Member segments or the WBE segment based upon that http://discover.pbcgov.org/oebo/Pages/Compliance-Programs.aspx segment’s relative availability. Such segmented goals shall specifically target the participation of a particular segment of business enterprises owned and controlled by women or certain Minority Group

Members (e.g., African-Americans, Hispanic-Americans, Asian-Americans, or Native Americans) based upon relative availability, as well as the existence of consistently and significantly greater patterns of underutilization and disparity within an industry as compared to other gender and Minority Group Member categories of M/WBEs. (For example, if an overall M/WBE subcontracting goal is set at 38% on a given contract, the segmented subcontracting goal may require that at least 23% of that 38% shall be satisfied through the utilization of African American and Hispanic subcontractors.) The EBO Office shall reduce or waive this goal when there is inadequate availability of M/WBE prime and / or subcontractor firms.

Respondents/bidders may request such waivers at least seven (7) days prior to bid opening based on submission of adequate Good Faith Efforts documentation. In the absence of a waiver granted by the

Office of EBO, a respondent/bidder who does not commit to satisfying the M/WBE segmented subcontracting goals shall be considered non-Responsive.

☐ M/WBE Joint Venture/Partnership/Teaming Incentive for Contracts greater than $2.5 million

_______ (Up to 20%) evaluation points out of 100 are reserved for qualifying M/WBE joint ventures.

See, Exhibit “Z” for joint venture/partnership teaming incentive program requirements. Incentives are established to promote joint ventures, partnerships, or teaming arrangements between larger established firms and M/WBE firms, or between and among SBE and M/WBE firms. For RFPs, the incentive may be for up to twenty percent (20%) of one hundred evaluation points to be reserved for qualifying M/WBE joint ventures where the certified M/WBE joint venture partner owns 50% or greater, and performs 50% or greater of the work, of the overall joint venture. Proportionately fewer evaluation preference points would be awarded to the joint venture based upon lesser percentages of ownership by the M/WBE partner.

☐ M/WBE Evaluation Preference for RFPs for Prime M/WBE firms

_________ (Up to 15%) of the evaluation points are reserved as a preference for proposals submitted by certified M/WBE firms. Evaluation panels shall assign point preferences equal to up to 15% of the total points assigned for the evaluation, scoring and ranking of construction-related proposals submitted by those certified M/WBE firms. An M/WBE awarded a prime contract may not subcontract more than 49% of the contract value to a non-M/WBE firm.

*FINDINGS OF THE GOAL SETTING COMMITTEE FOR RACE-CONSCIOUS APIs:

ATTACHMENT C

Include Attachment C if bid is $200,000 or more

PROJECT NUMBER: 18321A-R2

DATE:

BID BOND

STATE OF FLORIDA

COUNTY OF PALM BEACH

KNOW ALL MEN BY THESE PRESENTS: 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, by and through its Board of

County Commissioners, (hereinafter called "County") in the sum of

Dollars,($ ), (which sum is at least 5% of the bid price), 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: MJC Public Defender – Carpet Replacement, Project Number 18321A-R2, 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 Owner, 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

Owner.

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 , A.D., 20 .

ATTEST:

Print Name

TITLE:

(SEAL)

(Contractor Name)

By:

(Signature)

Print Name:

ATTEST:

Print Name

TITLE:

(SEAL)

(Surety Name)

By:

(Signature)

Print Name:

Exhibit 1

Confidential floor plan may be obtained by contacting FDO-CID-Bids@pbcgov.org or calling

(561) 233-0261.

Exhibit 2

Confidential floor plan may be obtained by contacting FDO-CID-Bids@pbcgov.org or calling

(561) 233-0261.