2020ERM04 Addendum 3.pdf

PROJECT NO. 2020ERM04 ADDENDUM NO. 3 - Page 1 of 3

BOARD OF COUNTY COMMISSIONERS

PALM BEACH COUNTY, FLORIDA

DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT

PROJECT NAME: Inshore Annual Construction (Federalized)

PROJECT NUMBER: 2020ERM04

ADDENDUM NO. 3

DATE OF ISSUANCE: January 6, 2021

VIA PBC WEBSITE: https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

THE BIDDER IS REQUIRED TO ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY

COMPLETING PARAGRAPH 1.6 ON PAGE 3 OF THE BID FORM IN YOUR SEALED BID. THE

BIDDER SHALL INSERT THIS ADDENDUM INTO ITS CONTRACT DOCUMENTS SET. THIS

ADDENDUM SHALL BECOME PART OF THE CONTRACT DOCUMENTS WHEN THE CONTRACT

IS EXECUTED. DO NOT SUBMIT THIS ADDENDUM PRINTOUT WITH YOUR SEALED BID.

ADDITIONS/DELETIONS TO SCHEDULE OF EVENTS:

Deleted: Bid Closes January 11, 2021 at 2:00pm 2300 N. Jog Road, 4th Floor

Added: Bid Closes January 13, 2021 at 2:00pm 2300 N. Jog Road, 4th Floor

Deleted: Public Bid Opening January 11, 2021 at 2:00pm 2300 N. Jog Road, 4th Floor

Added: Public Bid Opening January 13, 2021 at 2:00pm 2300 N. Jog Road, 4th Floor

ADDITIONS/DELETIONS TO INVITATION FOR BID:

Deleted: Sealed Bids will be received by the Board of County Commissioners, Palm Beach County (PBC), Florida, up to and publicly opened at 2:00 P.M. local time, Monday, January 11, 2021 (“Bid Due Date”)

Added: Sealed Bids will be received by the Board of County Commissioners, Palm

Beach County (PBC), Florida, up to and publicly opened at 2:00 P.M. local time, Wednesday, January 13, 2021 (“Bid Due Date”)

ADDITIONS/DELETIONS TO THE CONTRACTOR GENERAL CONDITIONS:

Deleted: CONTRACTOR GENERAL CONDITIONS 68.3 – Pages 54-55.

Retainage, in the amount of 10%, will be withheld on the calculated value of any Work, with the exception of stored materials which may be paid at the supplier’s invoiced cost. After 50% completion of the Work has been https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

PROJECT NO. 2020ERM04 ADDENDUM NO. 3 - Page 2 of 3 achieved and providing there are no good faith disputes, claims or demands of the Owner, the Contractor may request the payment of up to one-half of the retainage held by the Owner on previous pay requests.

After 50% completion of the Work has been achieved and providing there are no good faith disputes, claims or demands of the Owner, the Owner will implement a reduction in retainage to 5% on all future pay requests. When retainage is reduced, Contractor may withhold more than 5% retainage from subcontractors or suppliers only when done in accordance with the provisions of the Local Government Prompt Payment Act, may not request such withheld funds from the County, and will be required to certify compliance with F.S. 218.70 et. seq. on each subsequent pay application.

The Contractor may request at any point the release of retainage from the

Owner attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers if the work of the subcontractor has been successfully completed or if the materials of the supplier have been inspected and accepted by the Contractor. Owner may approve such requests on a case by case basis in the Owner’s discretion. In order to substantiate such a request, the Contractor must submit the request in writing to the Owner and attach a statement of the Contractor that the subcontractor has successfully completed the work or the supplier has delivered acceptable materials and there are no disputes, demands or claims outstanding with respect to the completed work or delivered materials.

Owner reserves the right to request additional documentation supporting Contractor’s request for release of retainage on completed work or delivered materials, including a consent from the Contractor’s Surety.

Notwithstanding the foregoing, in no instance can the amount retained be less than the value of Owner’s good faith claims plus the value of the Work the Owner determines remains to be put in place or required to be performed as remedial activities.

All retainage released by the Owner to the Contractor which is attributable to the labor, services or materials supplied by one or more subcontractors or suppliers must be timely remitted by the Contractor to those subcontractors or suppliers.

Added: CONTRACTOR GENERAL CONDITIONS 68.3 – Pages 54A-55A.

Retainage, in the amount of 5%, will be withheld on the calculated value of any Work, with the exception of stored materials which may be paid at the supplier’s invoiced cost. After 50% completion of the Work has been achieved and providing there are no good faith disputes, claims or demands of the Owner, the Contractor may request the payment of up to one-half of the retainage held by the Owner on previous pay requests.

For the purposes of this section, 50% completion shall be that point in time when A/E determines that half of the Work required by the Contract has been completed. In no event shall the Work be determined to be 50% complete before the County has paid 50% of the Contract amount and 50% of the Contract time has expired.

PROJECT NO.: 2020ERM04 INVITATION FOR BID - 1

INVITATION FOR BID

Sealed Bids will be received by the Board of County Commissioners, Palm Beach County (PBC), Florida, up to and publicly opened at 2:00 P.M. local time, Wednesday, January 13, 2021 (“Bid

Due Date”) in the PBC Department of Environmental Resources Management (ERM), located at

Vista Center, 2300 Jog Road 4th Floor, West Palm Beach, Florida, 33411 for the construction of inshore estuarine habitat restoration including creating seagrass, mangrove, oyster, or artificial reef in the estuarine waters of Palm Beach County. The Bid Documents received by this time will be opened on the aforementioned Bid Due Date at 2:00 p.m. at a public meeting at the above address.

Project Name: Inshore Annual Construction (Federalized)

Project No. 2020ERM04

The work consists of construction of inshore estuarine habitat restoration including creating seagrass, mangrove, oyster, or artificial reef in the estuarine waters of Palm Beach County and entails providing and/or transporting and placement of materials within project areas designated by the County under specific work orders.

All conditions and requirements for bid submission, consideration, and award are contained in the

Contract Documents, which include the plans and specifications, and will be available beginning

Thursday, November 12, 2020. Bidders can download and print Contract Documents (except for confidential building plans and/or drawings) free of charge from PBC’s Vendor Self-Service

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

A Non-Mandatory Pre-Bid Meeting will be held virtually on December 3, 2020 at 10:00 AM.

A Non-Mandatory walk-through of the FIND Staging Area (FIND MSA-617C site, located approximately 1 mile south of Donald Ross Road on the west side of Ellison Wilson Road) will be held following the Pre-Bid Meeting at 2:00 PM on December 3, 2020.

Due to social distancing and facial covering safety requirements, we ask all prospective bidders to please notify the Department of Environmental Resources Management of their intent to attend the meetings no later than close of business two days prior to pre-bid meeting. Please email ERM-

Bidding@pbcgov.org or call (561) 233-2400 to notify of your intent to attend the pre-bid meeting and/or pre-bid walk-through.

Federal Terms and Conditions Apply. This Project will be funded or reimbursed in whole or in part with the following federal grant funds.

National Oceanic and Atmospheric Administration (NOAA) Hurricane Irma

Restoration Funds

United States Fish and Wildlife Service (USFWS) National Coastal Wetlands

Conservation Grant Program (NCWCGP)

United States Fish and Wildlife Service (USFWS) State Wildlife Grants Program

The applicable federal contract clauses, representations and certifications collectively, (Federal

Requirements) are attached to the Instructions to Bidders, which are a part of the Contract

Documents. Contractors submitting bids for this project must be familiar with and agree to comply https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService mailto:ERM-Bidding@pbcgov.org mailto:ERM-Bidding@pbcgov.org

PROJECT NO.: 2020ERM04 INVITATION FOR BID - 2

with these detailed Federal Requirements. Contractors should be aware that the County’s Local

Preference Ordinance and EBO Ordinance will not apply to this solicitation due to the funding nature of the project.

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

Palm Beach County, as applicable, for the purpose of performing the specified work.

In accordance with F.S. 287.133(2)(a), persons and affiliates who have been placed on the convicted vendor list may not submit bids, contract with, or perform work (as a contractor, supplier, subcontractor or consultant) with any public entity (i.e. Palm Beach County) in excess of

Ten Thousand dollars (or such other amount as may be hereafter established by the Florida

Division of Purchasing in accordance with F.S. 287.017) for a period of 36 months from the date of being placed on the convicted vendor list.

Bid proposals must be submitted on the forms provided by ERM and accompanied by a proposal guaranty in the form of a certified check, cashier’s check, money order or a bid bond in favor of

Palm Beach County in the amount of not less than five percent (5%) of the base bid price. A performance bond and payment bond, each in an amount equal to 100% of the first Work Order price will be required of the successful bidder within fourteen (14) days of the Notice of Intent to

Award. PBC reserves the right to waive any bid irregularities, informalities, or technical deficiencies and to reject any and all bids. Late bids will be rejected and the Bid Bond returned.

The County intends to make an award to two (2) contractors.

Please contact ERM at (561)233-2400 or erm-bidding@pbcgov.org with any questions.

By order of: The Board of County Commissioners, Palm Beach County, Florida

ATTEST:

JOSEPH ABRUZZO, CLERK & COMPTROLLER BOARD OF COUNTY COMMISSIONERS

DEBORAH DRUM, DIRECTOR, Department PALM BEACH COUNTY, FLORIDA of Environmental Resources Management BY: DAVE KERNER, MAYOR

PUBLISH: The Palm Beach Post

Sunday: December 27, 2020

Sunday: January 3, 2021 mailto:erm-bidding@pbcgov.org

PROJECT NO.: 2020ERM04 GENERAL CONDITIONS - 54A

Work completed during the one-month period. Pay applications shall be submitted in the format and wording of the form contained in Appendix A to these General Conditions. All information must be completed for the pay application to be accepted. Owner's account number(s) for the Project will be given at the Pre-Construction meeting and will be placed at the top right hand corner of each application. These payment applications will be reviewed by all parties in attendance at the monthly pay application meetings. Prior to formal submission of the application, the Contractor shall submit a rough draft plus two extra copies for the Owner and Architect/Engineer of Record to review. The Contractor shall submit four (4) final approved copies to the Architect/Engineer of Record, whose approval is required prior to submission to the Owner.

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). 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.

Retainage, in the amount of 5 %, will be withheld on the calculated value of any Work, with the exception of stored materials which may be paid at the supplier’s invoiced cost. After 50% completion of the Work has been achieved and providing there are no good faith disputes, claims or demands of the Owner, the Contractor may request the payment of up to one-half of the retainage held by the Owner on previous pay requests.

For the purposes of this section, 50% completion shall be that point in time when A/E determines that half of the Work required by the Contract has been completed. In no event shall the Work be determined to be 50% complete before the County has paid 50% of the Contract amount and 50% of the Contract time has expired.

68.4 Each application for payment shall be accompanied by the following:

1. A notarized "Affidavit of Disbursement of Previous Periodic Payments to Subcontractors" from the General Contractor for the portion of Work up to the date of that particular pay application.

2. An Owner approved construction schedule update

PROJECT NO.: 2020ERM04 GENERAL CONDITIONS - 55A

68.5 Intentionally Deleted.

68.6 If one or more "Notice of Non-Payment" is received by the Owner, no further payments will be approved until non-payment(s) have been satisfied and an original "Release of Claim" for each "Notice" has been submitted to the Owner. Upon request, Contractor shall furnish acceptable evidence that all such claims or liens have been satisfied. On bonded projects only, the Owner may allow, with consent of Surety and indemnification of the County against any claims, payment for Work on which there is an outstanding Notice of Non-Payment.

68.7 Any amount otherwise payable under the Contract may be withheld, in whole or in part if:

1. Any claims are made against Contractor by Owner or third parties, including claims for liquidated damages or if reasonable evidence indicates the probability of the making of any such claim; or

2. Contractor is in default of any Contract condition; or

3. There is reasonable doubt that this Contract can be completed within the time specified or for the balance then unpaid; or

4. Defective work or material is not remedied; or

5. Contractor persistently fails to carry out the Work in accordance with the Contract; or

6. Contractor fails to submit the information required by this Contract; or

7. Contractor fails to submit an owner approved updated Schedule with each Application for Payment.

3. INVITATION FOR BID pages 1-2. Addendum 3

3. INVITATION FOR BID pages 1-2. Addendum 3