BOARD OF COUNTY COMMISSIONERS

PALM BEACH COUNTY, FLORIDA

Inshore Annual Construction (Federalized) Project No.: 2020ERM04

CONTRACT, INCLUDING CONTRACT DOCUMENTS: BIDDING

DOCUMENTS, CONTRACT FORMS AND CONDITIONS,

APPENDICES, TECHNICAL SPECIFICATIONS AND

ATTACHMENTS

Bids will be received at the Palm Beach County Department of Environmental Resources Management, 2300 N. Jog Road, 4th Floor, West Palm Beach, Florida 33411-2743.

In accordance with the provisions of ADA, this document may be requested in an alternate format

PROJECT NO.: 2020ERM04 MAIN TABLE OF CONTENTS - 1

PROJECT NO.: 2020ERM04

MAIN TABLE OF CONTENTS

Description Page No.

Invitation for Bid 1-2

Instructions for Pre-Bid FIND Staging Area Site Meeting 1

Instructions to Bidders 1-27

Attachment 1: Federal Requirements 1-5

Bid Form 1-6

Attachment 1: Bid Bond 7-8

Attachment 2: List of Subcontractors and Subconsultants 9

Attachment 3: Trench Safety Affidavit 10

Attachment 4: Living Wage Certification 11

Attachment 5: List of Related Work Experience including 12-13 geotechnical analysis from material suppliers Attachment 6: Certification Regarding Articles, Materials and 14

Supplies Produced in United States as Required by 41 USC§ 10A

Attachment 7: Non-Collusion Affidavit of Prime Bidder 15

Attachment 8: Certification Regarding Lobbying 16

Attachment 9: Certification Regarding Debarment, 17

Suspension, Ineligibility and Voluntary

Exclusion - Lower Tier Participant

Attachment 10: Contractor Disclosure 18-20

Attachment 11: Certificate (Corporation, LLC) 21

Attachment 12: Bid Schedule 22

Contract 1-4

Public Construction Bond (Payment) 1-3

Public Construction Bond (Performance) 1-4

General Conditions 1-66

Special Conditions 1-4

Appendix A to General Conditions

Work Order A-2, A-3

Notice to Proceed for Work Order A-4

Certification of Compliance with Living Wage A-5

Construction Invoice Form A-6

Warranty of Title and Release A- 7, A-8

Statement of Unresolved Claims A-9

Change Order Form A-10

Certificate of Substantial Completion A-11, A-12

PROJECT NO.: 2020ERM04 MAIN TABLE OF CONTENTS - 2

Contractor’s Certification of Final Completion A-13

Statement and Documentation Regarding Subcontractor Releases A-14

Consent of Surety for Final Payment A-15

Final Warranty of Title and Release A-16, A-17

Guarantee A-18

Work Order Supplement A-19

Construction Work Order Directive A-20

Disbursement of Previous Periodic Payments to Subcontractors A-21

Disbursement of Final Payment to Subcontractors A-22

Appendix B to General Conditions

Post Bid Information B-1 – B-5

Technical Specifications TS-1 - TS-204

Attachment A - Schedule of Estimated Quantities SEQ - 1

Attachment B - List of Submittals for Technical Compliance LSTC - 1

Attachment C - Contractor’s Daily Report CDR-1 – CDR-2

Attachment D - Turbidity Monitoring Report TMR - 1

Attachment E - Environmental Permits EP-1 - EP-139

Attachment F – Contract Plans 1 – 18

END OF SECTION

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, Monday, December 14, 2020 (“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

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:

SHARON R. BOCK, 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: November 15, 2020

Sunday: November 22, 2020 mailto:erm-bidding@pbcgov.org

PROJECT NO. 2020ERM04 INSTRUCTIONS FOR PRE-BID SITE VISIT – 1

Instructions for Pre-Bid FIND Staging Area Site Meeting

Location for Non-Mandatory Pre-Bid County Supplied Staging Area Site Meeting:

Site Meeting to begin at 2:00 PM on Thursday, December 3, 2020

The pre-bid site meeting will be held on-site approximately 1 mile south of Donald Ross Road west side of Ellison Wilson Road at the FIND MSA-617C site.

Please remember to let us know of your intent to attend by calling (561) 233-2400 or email ERM-

Bidding@pbcgov.org two business days ahead of the scheduled pre-bid site meeting time. If no bidders register, the site visit will be cancelled.

Access to the FIND Material Storage Area (MSA) 617-C is from Ellison Wilson Road

PROJECT NO. 2020ERM04 INSTRUCTIONS TO BIDDERS – 1

INSTRUCTIONS TO BIDDERS

SECTION DESCRIPTIONS

1. DEFINITIONS

2. LICENSES, BUSINESS TAX, POLICY REGARDING SUBCONTRACTORS

3. BIDDER'S REPRESENTATIONS

3.5 LOCAL PREFERENCE (NOT APPLICABLE)

3.6 APPRENTICE INCENTIVE (NOT APPLICABLE)

3.7 GLADES RESIDENT INCENTIVE (NOT APPLICABLE)

4. CONTRACT DOCUMENTS

5. BIDDING PROCEDURE

5.3 EQUAL BUSINESS OPPORTUNITY PROGRAM (NOT APPLICABLE)

6. CONSIDERATION OF BIDS AND AWARD OF CONTRACT

7. TIME

8. VOLUNTARY PARTNERING

9. PUBLIC BID DISCLOSURE COMPLIANCE

10. CONSTRUCTION INCENTIVE PROGRAM (NOT APPLICABLE)

11. EARLY COMPLETION INCENTIVE (NOT APPLICABLE)

12. LIQUIDATED DAMAGES

13. LOBBYING

14. LIVING WAGE

15. CRIMINAL HISTORY RECORDS CHECK

16. PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL

17. DEPARTMENT SPECIFIC INSTRUCTIONS

18. FEDERAL REQUIREMENTS

ATTACHMENT NO.1: ADDITIONAL FEDERAL REQUIREMENTS

PROJECT NO. 2020ERM04 INSTRUCTIONS TO BIDDERS – 2

1.0 DEFINITIONS

1.1 Addendum or Addenda are written or graphic instruments issued by the County via the

Department’s website, https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService prior to the submission of bids which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections or other type of modifications. Addenda will become part of the

Contract Documents when the Contract is executed. Bidders, upon receiving Addenda, shall insert the same into the Bidding Documents.

1.2 Alternate Bid Item is an amount stated in the Bid to be added to the amount of the Base

Bid, as described in the Bidding Documents and accepted by the County.

1.3 Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which the sum of Alternate Bid Item Work shall be added.

1.4 Bid is a complete and properly signed offer to do the Work or designated portion thereof, for the sums stipulated therein, submitted in accordance with the Bidding Documents.

1.5 Bid Schedule is the Bidder’s cost proposal for Work items.

1.6 Bidder means one who submits a Bid directly to the County, as distinguished from a sub-bidder who submits a bid to a Bidder.

1.7 Bidding Documents include the Invitation to Bid, Instructions to Bidders, Federal

Requirements, Index of Drawings, the Bid Form and Attachments, Bid Bond and the Public

Construction Payment and Performance Bonds and Guarantee, the Contract and contract conditions (General and Special), technical specifications, drawings, exhibits thereto, any

Addenda issued prior to the date designated for receipt of bids and any federal DBE forms and/or federal certifications required to be submitted with the Bid all as further described in Section 5.1.9 of these Instructions to Bidders.

1.8 Contract - The written agreement between the County and the Contractor covering the

Work to be performed including all Contract Documents as approved by County.

1.9 Contract Documents consist of the following documents which are incorporated herein by reference:

Bidding Documents - Invitation for Bid and Instructions to Bidders with Federal

Requirements, Bid Form and Attachments, including Bid Bond

Contract Forms - Guarantee, Insurance certificates, Public Construction Bond Forms

Contract Conditions - General Conditions and Supplemental/Special Conditions, if included

Appendices

Technical Specifications and included Forms, Tables and Attachments.

Sealed Bid

1.10 Contract Price - The maximum compensation for complete performance of the Work. The https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

PROJECT NO. 2020ERM04 INSTRUCTIONS TO BIDDERS – 3

“Contract Price” shall be the dollar amount for award of this Contract and shall be the Base Bid plus Alternate No. 1 or Base Bid plus Alternate No. 2 as selected by the County.

1.11 Contract Term - The period of time that the Contract is valid beginning from the date of execution and approval of both parties and continuing through the end date as specified in the

Contract, or the date of termination of any outstanding Work Order issued thereto, whichever is later.

1.12 Contractor shall mean the person or entity who is a successful bidder and who executes a contract with Palm Beach County and who is identified in the Contract and is referred to throughout the Contract Documents. Contractor may mean the Contractor or its authorized representative as the contract context requires.

1.13 County or Owner shall mean the Board of County Commissioners of Palm Beach County, Florida.

1.14 Day or Days shall mean a calendar day or calendar days unless specifically stated otherwise in the Contract Documents. A calendar day begins at 12:00:00 midnight and ends 24 hours later at 11:59:59 p.m.

1.15 Department shall mean the Palm Beach County, Department of Environmental Resources

Management, 2300 N. Jog Road, 4th Floor, West Palm Beach, Florida, 33411-2743, as Lead

Construction Department for bid advertisement, Sealed Bid receipt, evaluation and award.

1.16 Final Acceptance - The date the Project is finally accepted by the County in accordance to General Condition Articles 57 and 59 of the Contract.

1.17 Front-end Loading - This occurs when a Bidder submits a relatively high price on items which are normally completed, or substantially completed, in the early phases of the Work. These items may include: Mobilization, Clearing and Grubbing, Maintenance of Traffic, insurance and bonds, and/or stored materials. For definitions of some of these latter terms, refer to the General

Conditions.

1.18 Invitation for Bid (IFB) - A competitive bid process advertised by the County requesting sealed Bids from bidders for a project with detailed specifications. A formal Bid opening is scheduled.

1.19 Local Preference (Not Applicable)

1.20 Lump Sum and Unit Price Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents containing lump sum and, where applicable, unit price work items. For the purpose of determining the Base Bid amount on a Lump

Sum and Unit Price Bid, the unit price costs multiplied by the estimated quantities contained in the Bidding Documents and the lump sum shall be added together.

1.21 Notice of Intent to Award is a written notification of intent to award the Contract to a

PROJECT NO. 2020ERM04 INSTRUCTIONS TO BIDDERS – 4

responsive responsible Bidder. The Notice of Intent to Award in no way obligates the County and, until the Contract is approved by the Board of County Commissioners, the Notice of Intent to

Award shall not be binding nor create any legal remedies on behalf of Bidder’s company. The

Board of County Commissioners reserves the right to waive any bid irregularities, informalities, or technical deficiencies and to reject any and all bids.

1.22 Palm Beach County is a political subdivision of the State of Florida, as represented by its

Board of County Commissioners (hereinafter called “County”) and its authorized agents, inspectors or representatives acting within the scope of duties entrusted to them by the Board of

County Commissioners. The Board of County Commissioners has delegated contract and project management responsibilities to the Department of Environmental Resources Management (ERM).

Where the word “approval” is mentioned, “approval” shall mean action by the Board of County

Commissioners, or designated representative.

1.23 Project - The Work to be performed as provided in the Contract.

1.24 Protestor - Protestor, complainant, applicant, requestor, or vendor that has standing to protest a contract award, vendor suspension/debarment, or a Living Wage Ordinance violation.

1.25 Substantial Completion - The date as determined by the County, and evidenced by the

County's Certificate of Substantial Completion, certifying that the Work for the Project is sufficiently completed, in accordance with the Contract, so that the Project can be utilized for the purposes for which it is intended. When the Project is considered to be Substantially Complete, this does not constitute Final Acceptance or Final Completion of the Project. The County may, but is not required to, issue a Certificate of Substantial Completion for the completion of Work on a distinct, specified portion of a Project.

1.26 Unbalanced Bid Item - Bid items in which the lump sum or unit prices are not in line with industry standards or averages for the items. In order for a Bid to be balanced, each bid item must carry its proportionate share of direct cost, overhead and profit. Unbalanced items which are installed and billed at the beginning of the Work also result in Front-End Loading.

1.27 Unit Cost - The Unit Cost is the cost per unit line item as identified on the Bid Schedule.

Unit Cost can be based on square foot, linear foot, cubic yard, each or such other specific unit as is identified on the Bid Schedule. The Unit Cost includes all Contractor’s costs associated with providing each line item, including overhead and profit.

1.28 Work as used herein refers to the construction and services required by the Contract

Documents and includes all permits, labor, materials, equipment, and services provided by the

Contractor to fulfill the Contractor's obligations.

1.29 Work Order is a document which, when executed by the Contractor and the County, becomes a part of the Contract and specifies the Scope of Work, duration, total price, liquidated damages and schedule for a specific Project to be delivered by Contractor in accordance with the terms of the Contract.

PROJECT NO. 2020ERM04 INSTRUCTIONS TO BIDDERS – 5

1.30 Work Order Price is the maximum compensation for complete performance of work required for a Project under a Work Order.

1.31 Work Order Supplement is a document which, when executed by the Contractor and the

County, becomes a part of the Contract and modifies a Work Order by authorizing an addition, deletion, or revision in the Scope of Work, duration, total price, or schedule for a specific Project to be constructed by Contractor in accordance with the terms of this annual Contract.

1.32 Work Time - The number of successive calendar days stated in the Work Order for the completion of the Work. This time includes an allowance for delays due to Inclement Weather of

16 calendar days per 12 months.

2.0 LICENSES, BUSINESS TAX, POLICY REGARDING SUBCONTRACTORS

2.1 Licenses - Bidders and their proposed subcontractors of any tier regulated by the Florida

Construction Industry Licensing Board or the Construction Industry Licensing Board of Palm

Beach County shall be properly qualified and licensed/certified by the appropriate Board or Boards as required by Florida Statute Chapter 489, or Special Act, Laws of Florida Chapter 67-1876 prior to the time of submission of the bid. The Bidder and subcontractors, including specialty contractors, are required to have an active State Contractors Certification or an active Palm Beach

County Certificate of Competency at time of bid submittal. State of Florida Contractor's

Certification /Registration license numbers or Palm Beach County Certificate Numbers must be listed at the applicable places on the Bid Form. Any bid which is submitted by a contractor who is not properly licensed/certified at the time the bid is submitted, or which lists a subcontractor who is not properly licensed/certified at the time the bid is submitted, will be rejected as non-responsive.

2.2 Business Tax - The Contractor, subcontractors of any tier, and specialty contractors must have a valid Palm Beach County business tax receipt at the time of bid submission, except where provisions of F.S. 205.065 apply.

2.3 Bid Shopping - It is Palm Beach County’s policy to discourage contractors from seeking new subcontractor pricing after the opening of bids, which practice is sometimes known as bid or subcontractor shopping. In order to facilitate this policy, Bidders may be required to identify, in the Bid Documents, the subcontractors in the categories listed in Attachment 2, if provided, which

Bidder, intends to use to perform the Work, or state its intention to self-perform the Work contained in those categories.

2.3.1 No Contractor, having been awarded any contract based upon the Contractor’s response to an Invitation to Bid, or other solicitation for competitive selection wherein the

Contractor listed the subcontractors which the Contractor intended to use in performing such contract, shall replace any subcontractor listed in the Contractor’s response to such request without having first demonstrated good cause, acceptable to the County in its sole discretion.

2.3.2 No Contractor, having been awarded any contract based upon the Contractor’s response to an invitation to bid, or other solicitation for competitive selection wherein the

Contractor listed the elements of Work which the Contractor intended to perform with its own

PROJECT NO. 2020ERM04 INSTRUCTIONS TO BIDDERS – 6

forces, shall perform such Work with a subcontractor without having first demonstrated good cause, acceptable to the County in its sole discretion, for utilizing such subcontractor.

2.3.3 Contractor agrees that neither the County’s acceptance nor rejection of the

Contractor’s request to replace or add any subcontractor shall give rise to any liability of any kind on the part of the County.

3.0 BIDDER’S REPRESENTATIONS

3.1 Each Bidder by making its Bid represents that:

3.1.1 Bidder has satisfied itself, by personal examination of the location of the proposed

Work and by thorough examination of the Contract Documents, that Bidder understands all requirements of the Work. In addition, Bidder has, to the extent Bidder determined to be necessary, satisfied itself regarding the accuracy of the estimate of the quantities of the Work to be done; and shall not at any time after the submission of a Bid dispute or complain of such estimate nor the nature or amount of Work to be performed. Bidder is familiar with, and certifies that all Work shall comply with, all Federal, State and Local laws, ordinances, rules and regulations that in any way affect the cost, progress or performance of the Work. Failure of a bidder to be familiar with applicable laws, ordinances, rules and regulations will in no way relieve Bidder from the responsibility of complying with the applicable laws, ordinances, rules and regulations.

3.1.2 The Bidder has included the cost for any item of Work not established by the Bid

Schedule or Technical Specifications’ payment provision(s) in some other applicable bid item, so that the Bid does reflect Bidder’s total price for completing the Work in its entirety. In cases where the Technical Specifications’ payment provision(s) relating to any unit price in the Bid Schedule requires that the unit price cover and be considered compensation for certain Work or material essential to the item, the Bidder shall not bid, measure or seek payment for this certain Work or material under any other pay item which may appear elsewhere in the Technical Specifications.

3.1.3 Bidder acknowledges and understands that certain informational drawings and reports may be referenced in the Bidding Documents and are provided by the County for informational purposes only. Such informational reports and drawings are not part of the Contract

Documents, but the Bidder may review the technical data contained therein for general information purposes only. The County does not represent that the conditions reflected in such informational reports and drawings are the conditions which Contractor will experience, but are based on best information available to the County.

3.1.4 Bidder assumes responsibility for having determined to its satisfaction, prior to the submission of its Bid, the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the groundwater conditions, the character of equipment and facilities needed preliminary to and during the execution of the

Work, the general and local conditions and all other matters which can in any way affect the Work of this Project. The prices established for the Work to be done will reflect all costs pertaining to the Work.

PROJECT NO. 2020ERM04 INSTRUCTIONS TO BIDDERS – 7

3.1.5 By submission of its Bid, each Bidder affirms that it has, at its own expense, performed any additional examinations, investigations, explorations, tests, or studies and obtained any additional information and data which pertain to the physical conditions (surface, subsurface and underground utilities) at or contiguous to the site or otherwise for the Project, prior to Bidding which may affect the cost, progress or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents and/or it has satisfied itself with respect to such conditions and it shall make no claims against the County or the Architect/Engineer of Record if upon carrying out the Work it finds that the actual conditions do not conform to those indicated.

3.1.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials, equipment and supplies are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the County, unless otherwise provided in the Contract

Documents.

3.1.7 The submission of a Bid will constitute an incontrovertible representation by the

Bidder that the Bidder has complied with every requirement of these Instructions to Bidders, that, without exception, the Bid is premised upon performing the Work required by the Contract

Documents and that such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for performance of the Work.

3.1.8 The Bidder shall not be entitled to any additional compensation or time extensions based upon alleged differing conditions that in the opinion of the Architect/Engineer of Record and/or the County should have been reasonably anticipated by the Bidder.

3.1.9 The Bidder understands and agrees that the quantities of work or material stated in unit price line items are supplied only to give an indication of the general scope of the Work, for comparison of Bids and for determining the maximum Contract Price. The County does not expressly or by implication agree that the actual quantity of the Work or material will correspond therewith. The County reserves the right after award to decrease the quantity of unit cost line items and to omit unit cost line items entirely (in either case the Work Order Price shall be reduced based on quantity reduction) or to increase quantities as may be necessary to complete the Project. The

Contract Price and Work Order Price shall not be increased based on additional quantities of unit cost line items, except as specifically provided in Article 65 of the General Conditions. There shall be no adjustments of unit cost, and all changes to Work Order Price, if any, shall be calculated based on the unit cost as originally bid. Contractor shall consider and evaluate potential quantity variations in determining unit costs for bid items based on Contractor’s experience, due diligence and Project investigation. Unit cost bids are deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item regardless of quantity variations.

3.1.10 Scrutinized Companies (when contract value is greater than $1 million)

PROJECT NO. 2020ERM04 INSTRUCTIONS TO BIDDERS – 8

A. As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725.

B. When contract value is greater than $1 million: As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized

Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S.

215.473 or is engaged in business operations in Cuba or Syria.

C. If the County determines, using credible information available to the public, that a false certification has been submitted by the Contractor, this Contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal, if applicable.

3.2 Public Entities Crimes/Convicted Bidder List: As provided in Florida Statute

287.133(2)(a) a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S.287.017 for CATEGORY

TWO for a period of 36 months from the date of being placed on the convicted vendor list. By entering into this contract or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of

Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a).

3.3 Non-Discrimination: The County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County

Resolution R2017-1770, as may be amended, the Contractor warrants and represents that throughout the term of the Contract, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of the Contract.

3.4 No Collusion; No Conflicts: The undersigned does hereby declare that it is the only person or persons interested in said Bid; that it is a genuine Bid not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement

PROJECT NO. 2020ERM04 INSTRUCTIONS TO BIDDERS – 9

or rules of any group, association, organization or corporation; that it is made without any connection with any person submitting another bid for the same Contract; that this Bidder has not directly or indirectly induced or solicited any other bidder to submit a false or sham bid; that the

Bid is in all respects fair and without collusion, fraud, or mental reservations; that no official of the County or any person in the employ of the County is directly or indirectly interested in said

Bid or in the supplies or work to which it relates, or in any portion of the profits thereof; and that

Bidder has not sought by collusion to obtain for itself any advantage over any other bidder or over the County.

3.5 Local Preference (Not Applicable)

3.6 Apprentice Incentive (Not Applicable)

3.7 Glades Resident Incentive (Not Applicable)

4.0 BIDDING DOCUMENTS

4.1 Copies

4.1.1 Bidders may obtain complete sets of the Contract Documents from the Department as indicated in the Invitation for Bid in the number desired and for the cost stated therein. Contract

Documents can be downloaded free of charge from the County’s website, https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService.

4.1.2 Bidders shall use complete sets of Contract Documents in preparing Bids; the

County assumes no responsibility for errors or misinterpretations of Contract Documents, including, but not limited to, errors or misinterpretations arising from using incomplete or illegible sets of Contract Documents.

4.1.3 The County, by making the Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. All information contained in the Bidding Documents is the sole property of the

County and any unauthorized use is prohibited by law.

4.1.4 The Contract Documents are the official source of information for each Project.

Contract Documents will take precedence in the event of a conflict between the Contract

Documents, the County’s website, or any other source. While reasonable effort is made to ensure the accuracy, accessibility, and timeliness of the County’s website, the Department cannot guarantee the completeness, accessibility, or accuracy of the County’s website information. Any questions concerning conflicting information must be brought to the attention of the Department by written request for clarification or correction as set forth in Section 4.2.1.

4.2 Interpretation or Correction of Bidding Documents

4.2.1 Bidders shall promptly notify the County in writing of any ambiguity, inconsistency or error which is discoverable upon examination of the Bidding Documents or of the site and local

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conditions. Failure to provide such notice shall constitute a waiver of any claims Contractor may have based on such ambiguity, inconsistency or error.

4.2.2 No interpretation or clarification of the meaning of, or correction or change to the

Bidding Documents will be made to any bidder orally. Every request for interpretation, clarification, or correction should be in writing and submitted to the Palm Beach County

Department of Environmental Resources Management, Vista Center, 2300 N. Jog Road, 4th Floor, West Palm Beach, Florida, 33411-2743 at least seven (7) calendar days prior to the date fixed for the Bid opening. Written requests may be hand delivered, mailed, faxed to (561)233-2414, or e-mailed to ERM-Bidding@pbcgov.org. Under Florida law, e-mail addresses are public records. If

Bidder does not want its e-mail address released in response to a public records request, Bidder must not send e-mail requests.

Bidders requesting clarification or interpretation of the Bidding Documents shall supply the

Department with all information requested by the Department which the Department requires to issue a clarification or interpretation. Bidders finding discrepancies, errors, and/or omissions or having doubt as to the intent of the technical portions of the Contract Documents shall at once notify the Architect/ Engineer of Record and provide a copy to the Department. Bidder's questions relative to bidding requirements, bidder qualification and contract award shall be directed to the

Department. The Department, in its sole discretion, shall determine if a clarification or interpretation of the Bidding Documents is required.

4.2.3 Any and all such interpretations, clarifications or corrections and any supplemental instructions will be in the form of written addendum to the Contract Documents which, if issued, will be available for download from the County’s Vendor Self-Service (VSS) website, https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the Bidder to routinely check VSS for any Addendum that may have been issued prior to the deadline for receipt of Bids. Interpretations, corrections or changes made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections or changes.

4.2.4 Governing Order of Contract Documents. The Contract Documents include various divisions, sections and conditions which are essential parts for the Work to be provided by the successful Bidder. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete project. In case of discrepancy, the following precedence will govern the interpretation of the Contract Documents:

The Contract and any amendments or change orders thereto;

The Federal Requirements;

Special Conditions;

General Conditions;

Invitation for Bid, Instructions to Bidders and any addenda thereto;

Insurance Certificates, the public construction payment and performance bonds and Form of

Guarantee;

Technical Specifications, Addenda, Drawings/plans and an revisions thereto;

The completed Bid Form and attachments and bid bond;

mailto:erm-bidding@pbcgov.org

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Detailed plans shall have precedence over general plans. In the event that any conflicts cannot be resolved by reference to this Governing Order of Contract Documents provision, then Owner shall resolve the conflict in any manner which is acceptable to Owner and which comports with the overall intent of the Contract Documents.

4.2.5 Whenever reference is made to actions being performed with respect to dates and times set forth in the Invitation to Bid, such reference shall always be interpreted as including, by inference, “or as may be modified by pre-bid Addenda”.

4.3 Addenda

4.3.1 Bidders who are known by the Department by registering for a complete set of

Bidding Documents will be provided with notification of Addenda. Also, as they are issued, all

Addendum to this solicitation will be posted under the applicable solicitation on the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the Bidder to routinely check VSS for any Addendum that may have been issued prior to the deadline for receipt of Bids.

4.3.2 Copies of Addenda will be made available for inspection at the Department where

Bidding Documents are on file for that purpose.

4.3.3 No Addenda will be issued later than five (5) work days prior to the date for receipt of Bids except an Addendum withdrawing the Invitation to Bid, one which includes postponement of the date for receipt of Bids, one whose content is limited to the listing of additional approved manufacturers and substitutions, or one which contains minor clarifications or changes.

4.3.4 Prior to submission of its Bid, each Bidder shall ascertain that it has obtained all issued Addenda released on the County’s website, https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. The Bidder shall acknowledge receipt of each individual

Addendum at the time of issuance and final receipt of all Addenda by completing the acknowledgment space provided on the Bid Form. Failure to acknowledge receipt may result in rejection of a bid.

4.4 Pre-Bid Meeting Resources

4.4.1 If available after the Pre-Bid Meeting, the following will be released on the

County’s website, https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService: attendee list, agenda, audio recording and presentation materials.

5.0 BIDDING PROCEDURE

5.1 Form and Style of Bids

5.1.1 Bids shall be submitted on forms furnished by the County. At least one (1) copy of the bid proposal should be submitted for consideration. Changes or additions to the Bid, recapitulations or changes in the Work bid upon, alternative proposals, or any other modifications 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 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

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of the Bid Form, Attachments to the Bid Form, or the Bid Documents, which are not specifically called for in the Bid Documents may result in the County's rejection of the bid as non-responsive to the Invitation to Bid.

5.1.2 All blanks on the Bid Form and enclosures to the Bid Form shall be completed. The blanks in the Bid Form’s Bid Schedule must be filled in for Bid Items with quantities, the Base

Bid, and any Alternate Bid(s) indicated, or the Bid will rejected as non-responsive.

5.1.3 In the event there are unit price bid items provided in the Bid Form and the

“amount” indicated for a unit price bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly. In the event there is more than one bid item in the Bid Form and the total indicated therein does not agree with the sum of the prices bid for the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly. Where so indicated by the make-up of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.

5.1.4 Any inter-lineation, alteration or erasure must be initialed, in ink, by the signer of the Bid Form.

5.1.5 All requested, Additive or Deductive Bid Items shall be bid. If no change in the

Base Bid is required, enter “No Change.”

5.1.6 Each page of the Bid Form and Attachments to the Bid Form shall include where requested, the legal name of the Bidder. The Bid Form shall also contain a statement whether the

Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity, and shall be signed by the person or persons legally authorized to bind the Bidder to a contract, in ink with the signature in full:

John Doe Contracting Company

By: John Doe, President

P.O./Address

City, County, State, Zip Code

5.1.7 In the event a Bid is submitted by two (2) or more Bidders as a joint venture, such

Bid shall be submitted in strict accordance with all applicable laws of the State of Florida, State

Contractor License Law, and Rules and Regulations of the State Contractor's Board.

5.1.8 No person, firm or corporation shall be allowed to submit, or have an interest in, more than one Bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-bid to a Bidder is not, however, disqualified from submitting a sub-bid or quoting prices to other Bidders or submitting a prime Bid.

5.1.9 The following forms, and geotechnical analysis from material supplier, together, comprise a Bid and must be submitted by the date and time specified for the submission of bids in the Invitation for Bid:

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BID FORM

ATTACHMENT 1: BID BOND

ATTACHMENT 2: LIST OF SUBCONTRACTORS AND SUBCONSULTANTS

ATTACHMENT 3: TRENCH SAFETY AFFIDAVIT

ATTACHMENT 4: LIVING WAGE CERTIFICATION

ATTACHMENT 5: LIST OF RELATED WORK EXPERIENCE and geotechnical analysis from material suppliers

ATTACHMENT 6: CERTIFICATION REGARDING ARTICLES, MATERIALS

AND SUPPLIES PRODUCED IN UNITED STATES AS

REQUIRED BY 41 USC§ 10A

ATTACHMENT 7: NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

ATTACHMENT 8: CERTIFICATION REGARDING LOBBYING

ATTACHMENT 9: CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION - LOWER TIER PARTICIPANT

ATTACHMENT 10: CONTRACTOR DISCLOSURE

ATTACHMENT 11: CERTIFICATE (CORPORATION, LLC)

ATTACHMENT 12: BID SCHEDULE

Omission of any of these attachments from the bid submission, or failure to properly complete any portion of the required forms, or failure to deliver the attachments on the Bid Due Date may be cause to reject the entire Bid.

5.2 Bid Security, Project Bonds, Insurance.

5.2.1 Each Bid 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 Base Bid price pledging that the Bidder will within fourteen (14) Days of the date on the Notice of Intent to Award, enter into a contract with the

County on the terms stated in its Bid and will furnish bonds as described hereunder covering the faithful performance of the Contract and the payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish the required bonds and insurance, the amount of the bid security shall be forfeited to the County as liquidated damages, not as penalty. If a Bidder fails to execute a Contract for the project, the Bidder may be suspended or debarred from bidding on future projects for a period of two (2) years, in accordance with the Palm

Beach County Purchasing Ordinance. The County may further pursue any and all remedies available against the Contractor for damages resulting from its failure to enter into a contract.

5.2.2 The Bid Bond shall conform with Paragraph 5.2.4 and be written on the Bid Bond form, included as part of the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of his/her power of attorney. If a bid bond is submitted on a form other than that provided, such submission may result in the bid being declared non-responsive. Checks and money orders shall be made payable to Palm

Beach County Board of County Commissioners.

5.2.3 The County will have the right to retain the bid security of Bidders to whom an

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award is being, or may be, considered until either (a) the Contract has been executed and the bonds and insurance have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

5.2.4 Bond Requirements

5.2.4.1 The Bidder shall furnish bonds covering the faithful performance of the

Contract and the payment of all obligations arising thereunder in such form and amount as the

County may prescribe. Bonds shall be from a Surety licensed to conduct business in the State of

Florida, meeting all of the requirements of the laws of Florida and the regulations of the County, and having the County’s approval. Ensure that the Surety’s Florida Licensed Insurance Agent’s name, address, and telephone number is clearly stated on the Bond forms.

5.2.4.2 Prior to execution of a Work Order, the Contractor shall furnish the following to the Department, on the forms provided in the Bidding Documents:

a. Public Construction Bond (Payment) in the minimum amount of 100% of the first Work Order Price. The Contractor shall provide additional bonding to maintain the total penal amount equal to the total balance of all incomplete

Work Orders and Work Supplements. Retainage shall be included in the balance calculation.

b. Public Construction Bond (Performance) in the minimum amount of 100% of the first Work Order Price. The Contractor shall provide additional bonding to maintain the total penal amount equal to the total balance of all incomplete

Work Orders and Work Supplements. Retainage shall be included in the balance calculation.

c. Under no circumstances shall the Contractor begin Work until it has supplied the required Public Construction Bonds. Contractor shall record the Bonds and provide a certified copy of the recorded Bonds to County. No payment will be made for Work performed under the Contract until County has received the certified copy of the recorded Public Construction Bonds meeting all of the requirements set forth herein.

d. Such Public Construction Payment and Performance Bonds shall incorporate by reference all of the terms and conditions of the Contract Documents, including but not limited to the Contractor and Surety's obligation for liquidated damages as well as Surety's acknowledgment regarding any and all provisions addressing or regarding “no damages for delay”, as provided for in the General

Conditions.

5.2.4.3 The Surety, in addition to the above requirements, shall be currently listed with the United States Department of Treasury for an amount greater than the contract amount.

The Contractor, at the time of its execution of a Work Order, shall provide, with its Contract Bonds, PROJECT NO. 2020ERM04 INSTRUCTIONS TO BIDDERS – 15 a copy of the Surety’s current valid Certificate of Authority issued by the United States Department of the Treasury under SS 31, U.S.C.