CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF

PALM BEACH COUNTY, FLORIDA

PROJECT NO. 2026056

DRAINAGE IMPROVEMENTS/REPAIRS AND

MINOR CONTINUING SERVICES

CONSTRUCTION CONTRACT

Cover

PALM BEACH COUNTY, FLORIDA

Project Name: DRAINAGE IMPROVEMENTS/REPAIRS

AND MINOR CONTINUING SERVICES

Project No.: 2026056

INDEX

A

Bidding Forms

Cover Sheet ........................................................................................................................................ Cover

Index ......................................................................................................................................................... A

Notice to Bidders ......................................................................................................................................B

Advertisement for Bid ...............................................................................................................................C

Submittals Requested with Bid .................................................................................................................D

Instructions to Bidders ....................................................................................................... ITB-1 to ITB-13

Specifications / Provisions

Special Provisions .................................................................................................................. SP-1 to SP-40

Special Provisions [Requests for Information (Contractor RFI’s)] ..................................................... SP-*

Standard Specifications ....................................................................................................................... SS-1

General Provisions ............................................................................................................. GP-1 to GP-151

Release / Permits / OSBD Forms

Driveway Construction Release ............................................................................................ DE-1 to DE-2

Permits ............................................................................................................................................... PER-1

OSBD Forms .................................................................................................................... SBD-1 to SBD-7

Proposal

Proposal Form .............................................................................................................................. P-1 to P-8

Bid Forms / Requirements / Bid Bond

Palm Beach County Local Preference Ordinance & Cert. of Business Location ................... LP-1 to LP-2

Scrutinized Companies ........................................................................................................................ SC-1

Bid Bond ................................................................................................................................ BB-1 to BB-2

Certificate of Resolution ......................................................................................................................CC-1

Contract Forms / Requirements / Construction Bond

Contract ...................................................................................................................................... C-1 to C-3

Public Construction Bond ................................................................................................. PCB-1 to PCB-4

Certification of Sublet Work .............................................................................................................. SW-1

Certificate of Insurance ......................................................................................................................... CI-1

Construction Coordination Forms ....................................................................... CONST-1 to CONST-11

NOTICE TO BIDDERS

B

NON-MANDATORY PRE-BID MEETING

Date: Thursday, August 20, 2026

Time: 2:00 PM

Location: Engineering and Public Works Department

3rd Floor Main Conference Room (3W-12)

2300 North Jog Road

West Palm Beach, Florida, 33411-2745

BID OPENING MEETING

Date: Tuesday, September 8, 2026

Time: 2:00 PM

Location: Engineering and Public Works Department

1st Floor Conference Room (1E-58)

2300 North Jog Road

West Palm Beach, Florida, 33411-2745

Webex Option for both meetings:

https://pbc-gov.webex.com/meet/Eng-RoadwayBids

If there are any questions concerning these meetings, please contact:

Roadway Production Division

(561) 684-4150

ADVERTISEMENT FOR BID

C

Sealed Bids will be received by the Board of County Commissioners, Palm Beach County, Florida, in the Office of Palm Beach County Engineering and Public Works Department, Roadway

Production Division, located at 2300 North Jog Road, Third Floor Room 3W-33, West Palm

Beach, Florida, 33411-2745, up to 2:00 PM, local time, and 1st Floor Conference Room (1E-58) on Tuesday, September 8, 2026, for furnishing all Materials, labor, Equipment and supplies necessary for the Construction of:

DRAINAGE IMPROVEMENTS/REPAIRS AND MINOR CONTINUING SERVICES

PALM BEACH COUNTY PROJECT NO. 2026056

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

Contract Documents, which are posted on the following Palm Beach County web site:

https://pbcvssp.pbc.gov/vssprd/Advantage4

To review the Contract Documents for this project, go to the above URL and click on the project hyperlink. Contractors may then download and print the Contract Documents (Plans, Specifications, Excel Proposal Forms, check list “with required forms” and any other related documents).

Hard copy documents will be available at the Department for a non-refundable service fee of $40*.

The Contractor shall contact Palm Beach County Roadway Production Division at (561) 684-4150 in advance to arrange for hard copies.

All Bids shall be submitted in accordance with the Bid Documents, including but not limited to the General Provision Section 2 and accompanied by the documentation referenced therein.

The NON-MANDATORY Pre-Bid Meeting will be held on Thursday, August 20, 2026 at

2:00 PM, in the Third Floor Main Conference Room (3W-12) in the Palm Beach County Building at 2300 North Jog Road, West Palm Beach, Florida. Webex Option – https://pbc-gov.webex.com/meet/Eng-RoadwayBids. Attendance at this pre-bid meeting is not mandatory but is highly recommended and strongly encouraged. To the extent you are unable to attend the pre-bid meeting, you may request and obtain an audio recording of the meeting by contacting Palm

Beach County Roadway Production Division at (561) 684-4150.

The Board of County Commissioners reserves the right to reject any or all Bids. By order of the

Board of County Commissioners, Palm Beach County, Florida.

ATTEST: BOARD OF COUNTY COMMISSIONERS

MICHAEL A. CARUSO, CLERK OF THE CIRCUIT COURT PALM BEACH COUNTY, a political

& COMPTROLLER subdivision of the State of Florida, by and through its Board of County Commissioners

DAVID RICKS, P.E., COUNTY ENGINEER

BY: Sara Baxter, Mayor

PUBLISH: PALM BEACH POST

SUNDAY: August 9, 2026

SUNDAY: August 16, 2026 https://pbcvssp.pbc.gov/vssprd/Advantage4

SUBMITTALS REQUESTED WITH BID

D

At a minimum, submit

One (1) original package containing the following:

(see contract documents to determine if other requirements apply)

______ OSBD Schedule 1 (page SBD-1) Ensure all subcontractors are listed

______ OSBD Schedules 2 (page SBD-2) Submit a Schedule 2 for all subconstractors

______ All Proposal Pages (P pages)

______ Signed Contractor’s Certification (last P page)

______ Signed/Sealed Local Preference (page LP-2) with Copy of Bidder’s Palm Beach County Tax Receipt (if eligible)

______ Scrutinized Companies (page SC-1)

______ Bid Bond forms (pages BB-1, BB-2) with Acknowledged/Sealed Bid Bond/Power of Attorney

______ Certificate of Resolution (page CC-1)

______ Copy of Firm’s Active License to Conduct Business in the State of Florida

______ Certification of Sublet Work (page SW-1)

______ FDOT Pre-Qualification Letter or Qualifications and Experience Package

(see General Provisions Section 2-1 for specific requirements)

Please do not staple or permanently bind the Bid documents.

INSTRUCTIONS TO BIDDERS

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Prospective Bidders are hereby advised that Division I of the FDOT Standard Specifications for

Road and Bridge Construction FY 2024-25 (and as amended herein) (Specifications) shall serve as instructions to Bidders along with the following:

1. Continuing Services Construction Contract on a Work Order Basis

2. Addenda – Changes while Bidding

3. Pre-Bid Site Inspection and NON-MANDATORY Pre-Bid Meeting

4. Laws Affecting Public Work

5. Power of Attorney

6. Small Business Development (SBD) Program

7. Incentives

8. VSS Registration Required

9. Posting of Bid Tabulations and Award Recommendation

10. Prohibition Against Considering Interests

1. CONTINUING SERVICES CONSTRUCTION CONTRACT ON A WORK ORDER

BASIS

See Contract Provisions for:

• Continuing Services Construction Contract Intent: See Special Provisions Item #1

• Contract Expiration/Extension: See Special Provisions Item #3

• Method of Ordering Work: See Special Provisions Item #4

• Prosecution of the Work: See Special Provisions Item #5

• Spending Limit/Contract Amount: See Contract Page C-1

• Bond Requirements: See General Provisions Section 3-5

2. ADDENDA – CHANGES WHILE BIDDING: No interpretation of the meaning of the Plans, Specifications or other Contract Documents will be made to any Bidder orally. Every Request for

Information (RFI) is preferred to be submitted to the Director, Palm Beach County Roadway

Production Division via electronic mail (e-mail) to email address:

ENG-RoadwayBids@pbc.gov

RFI’s may also be mailed or faxed to the Director at the following: 2300 N. Jog Road, Suite #3W-

33, West Palm Beach, Florida, 33411-2745. Fax: 561-684-4166. For the RFI to be given consideration, it must be submitted at least five (5) Working Days prior to the date and time fixed for the opening of Bids.

Any and all such interpretations and any supplemental instructions will be in the form of written

Addenda to the Contract Documents which, if issued, will be posted on the following URL:

https://pbcvssp.pbc.gov/vssprd/Advantage4 up to seventy-two (72) hours prior to the date and time fixed for the opening of Bids. The exceptions to this notification period shall be that of an Addenda whose content is limited to the listing of additional approved manufacturers and substitutions, or one which contains minor clarifications or changes, which shall be issued up to 24 hours prior to the date fixed for the Contract Letting. The request for Bids may be withdrawn, or the date for receipt of Bids may be postponed, at any time prior to the bid opening.

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The Bidder shall acknowledge and certify receipt of all addenda by completing the Proposal Form page. Copies of Addenda will also be made available for inspection at the Department where

Bidding Documents are on file for that purpose. Failure of any Bidder to receive any such Addenda of interpretation shall not relieve any Bidder from any obligation under the Bid as submitted. All addenda so issued shall, ultimately, become part of the Contract Documents.

3. PRE-BID SITE INSPECTION AND NON-MANDATORY PRE-BID MEETING

SITE INSPECTION – This is a countywide continuing services construction contract on a work order basis. The sites for the work orders are to be determined as the need arises. Therefore no

Department sponsored Pre-Bid Inspection Meeting will be held for this Contract.

NON-MANDATORY PRE-BID MEETING – See Notice to Bidders.

4. LAWS AFFECTING PUBLIC WORK: Bidders shall be familiar with the various Federal, State and Local Laws affecting the prosecution of the Work. As outlined in Section 2-11 of the

Specifications, Palm Beach County (County) Administrative Code Section 305.02 & 402.00, and the Purchasing Ordinance (Palm Beach County Code, Chapter 2, Article III, Division 2, Part A), the County is responsible to assure the qualifications of any or all prospective Contractors.

5. POWER OF ATTORNEY: Attorneys-in-fact who sign Proposal Guaranties and Contract

Bonds must file with such bond a certified copy of their power of attorney to sign said bonds.

6. SMALL BUSINESS DEVELOPMENT PROGRAM

Please note that all forms related to the Small Business Development (SBD) Program, including waiver forms and good faith effort documentation can be found at:

https://discover.pbcgov.org/HED/osbd/Pages/Documents.aspx

6.1 - Definitions The following terms, phrases, words and their derivations shall have the meanings given. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, “any” includes “all,”

“and” includes “or.” Capitalized terms are defined as set forth in the SBD Ordinance, and in the

Contract.

6.1.1 - “Prime,” “Contractor,” and “prime consultant” mean, refer, and relate to

“Prime Contractor,” as defined in the SBD Ordinance, and to “Consultant,” as defined in the Contract, and as applicable.

6.1.2 - “Solicitation” and “solicit” mean, refer, and relate to Advertisement for Proposals.

6.1.3 - “Proposer” shall mean “Bidder”

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6.1.4 - “Proposal” shall mean “Bid” as defined in the SBD Ordinance.

7.1.5 – “Subcontractor” shall mean “Subconsultant” as applicable.

6.2 - Policy

It is the policy of Palm Beach County’s Board of County Commissioners that all segments of its business population, including, but not limited to, small, locally owned businesses, have an equitable opportunity to participate in the Department’s procurement process, prime contract and subcontract opportunities. In pursuance of that policy, the Department’s Board of County

Commissioners adopted a Small Business Development Ordinance, which is codified in sections

2-80.20 through 2-80.28 (as may be amended) of the Palm Beach County Code. The SBD

Ordinance sets forth the Department’s requirements for the SBD Program and is incorporated herein and made part of this Contract. The Contractor must comply with the requirements contained in this section for the Contractor to be deemed responsive to the solicitation requirements. The provisions of the SBD Ordinance are applicable to this solicitation and shall have precedence over the provisions of this solicitation in the event of a conflict. Failure to comply with the SBD Ordinance may result in any of the penalties listed in section 6.9

6.3 - Application of Small Business Enterprise (SBE) Goals through Affirmative

Procurement Initiatives (APIs)

The Contractor must adhere to the Affirmative Procurement Initiatives (APIs) as incorporated herein, including Advertisement for Bid, and the specifications set forth in Contractor’s response, which are both incorporated herein by reference. Failure to comply with this Section is a material breach of this Contract. The Bidder is encouraged to seek additional small business enterprises for participation in subcontracting opportunities.

6.3.1 - Application of API(s)

The API(s) approved for this solicitation, including any applicable SBE goals is(are):

SBE Subcontracting Program (SBD Ordinance Section 2.80.24(1)(a))

A 15% SBE subcontracting participation goal is established for this Contract.

The County establishes a mandatory minimum goal of twenty percent (20%) SBE participation for County contracts. The Office of SBD and the Goal Setting Committee may approve a reasonable reduction or waiver of this goal if it is factually demonstrated that there is inadequate availability of SBE prime and/or subcontractor firms.

Any bid that fails to comply with the API requirements included in this solicitation after the period allowed for waiver requests has lapsed shall be deemed non-responsive to the solicitation requirements.

6.3.2 - API Waiver Requests (SBD Ordinance Section 2.80.26(6))

If The Contractor is unable to comply with the API(s) requirements as set forth in this solicitation, the Contractor shall submit a request for a waiver or partial waiver with its bid by the bid due date as stated in the solicitation. If a Bidder is unable to comply with the API(s) in a solicitation, such Bidder shall submit a request for a full or partial waiver. Each waiver request shall include documentation demonstrating satisfactory

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Good Faith Efforts, as defined in the SBD Ordinance, as amended, and below, were undertaken by the Bidder to comply with the API requirements. Waiver requests must be submitted as part of the respondent’s bid package. Waiver requests not submitted at the time of bid submission shall not be considered.

6.3.3 - Good Faith Efforts (SBD Ordinance Section 2-80.26(6))

Such waiver request shall include specified documentation that demonstrates satisfactory

Good Faith Efforts, as defined below, were undertaken by the Bidder to comply with the requirements as described under the selected API. The Good Faith Effort waiver request with instructions for submission to the Office of SBD, is located on the SBD website at https://discover.pbcgov.org/HED/osbd/Pages/Documents.aspx. The Office of SBD shall review a waiver request within seven (7) business days of receipt. If the Office of SBD determines that adequate Good Faith Efforts have been demonstrated to warrant a partial or total waiver, the waiver shall be granted accordingly. If the Office of SBD determines that the Bidder failed to submit documentation sufficient to demonstrate Good Faith

Efforts, the request for waiver or partial waiver shall be denied and the Bidder shall be deemed non-responsive. The granting of a waiver shall apply solely to the Bidders to whom it is issued and shall not, by itself, amend, reduce, or otherwise alter the API requirements applicable to other Bidders under the solicitation. However, the Office of SBD may, at its discretion, apply a waiver to all Bidders under a solicitation when such waiver would be equitable and serves the County’s best interests. Any Bidder that fails to comply with the

API requirements of a solicitation and is not granted a waiver in accordance with this section shall be deemed non-responsive. 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 SBD Director, and if still aggrieved, shall be subsequently entitled to a

Special Master hearing as referenced in sections 2-80.26(6) and 2-55 of the SBD Ordinance and Procurement Code, respectively and as amended. The solicitation shall be stayed until the SBD Director reconsideration review and Special Master appeal process have concluded, as applicable.

6.3.4 - Documentation Required for Good Faith Efforts

Documentation means documentation of the Bidder’s intent to comply with the applicable

API(s), including, but not limited to, the following:

• documentation as stated in the solicitation reflecting the Bidder’s commitment to comply with SBE goals as established by the Office of SBD for a particular contract;

• documentation of efforts made toward achieving SBE goals, such as:

o solicitations of bids/proposals/qualification statements from SBEs;

o correspondence from SBEs documenting their unavailability to perform;

o documentation of efforts to subdivide work into smaller quantities for subcontracting purposes to enhance opportunities for SBEs;

o documentation of a contractor’s posting of a bond covering the work of SBE subcontractors;

o documentation of efforts to assist SBEs with obtaining financing, bonding or insurance required by the Bidder; and

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o documentation of communications with trade associations and consultants that represent the interests of SBEs.

The Office of SBD will review Good Faith Efforts documentation and make determinations regarding adequacy..

6.4 - Proposal Submission Documentation

When an SBE Goal and/or evaluation API applies, only SBE participation listed on properly executed Schedules 1 and 2 will be considered for purposes of evaluating SBE goals and calculating API credit. Improperly executed schedules will not be credited toward SBE participation. SBE bidders proposing as prime contractors must complete Schedules 1 and 2, listing the work performed by their own workforce and work to be performed by all subcontractors, including SBE subcontractors. This requirement applies even if the SBE bidder intends to perform

100% of the work with its own workforce.

6.4.1 - SBE Participation. Bidder represents and warrants that Bidder will meet the SBE participation percentages submitted in its bid with the subcontractors contained on

Schedules 1 and 2 and at the dollar values and/or percentages specified. Bidder agrees to provide any additional information requested by the Department to substantiate participation.

6.4.2 - Bidders are required to submit properly executed Schedules 1 and 2 with their bid in order to receive credit toward meeting the SBE Subcontractor goal or other API criteria. The schedules shall bear the signature and date of an authorized representative of the prime contractor and, when applicable, the signature of the subcontractor, subconsultant, or supplier. All information must be current, accurate, and legible to permit proper review and verification by the Office of SBD.

6.4.2.1 - Schedule 1 - List of Proposed Subcontractors

A completed Schedule 1 submitted by the prime shall list the names of all subcontractors intended to be used in performance of the Contract, if awarded. The total proposed percentage of SBE participation shall also be included on this form.

This schedule shall also be used if an SBE Contractor is performing all or any portion of this Contract with their work force. A Properly executed Schedule 1 includes, at minimum, the following:

1. Schedule 1 (Prime Contractor Information).

2. Section A must be fully completed by the Prime Contractor.

3. If subcontractors or subconsultants are utilized, Section B must also be completed and must include (1) the legal name of each subcontractor or subconsultant; (2) identity of each as an SBE and/or non-SBE; and (3) the total dollar amount or percentage of work to be paid or performed by each subcontractor or subconsultant.

6.4.2.2 - Schedule 2 - Letter of Intent

A completed Schedule 2 is a binding document between the Prime Contractor and a subcontractor (of any tier) and should be treated as such. Each Schedule 2 shall

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be properly executed by the Prime Contractor and proposed subcontractor. If the

Contractor is an SBE, a Schedule 2 shall be submitted to document work to be performed by its workforce. For each subcontractor or subconsultant listed on

Schedule 1, a completed Schedule 2 must be submitted containing the following:

1. Legal name;

2. Line-item number (when applicable)

3. Complete item description/scope of work;

4. unit price;

5. Quantity (when applicable)

6. Total price for each line item.

If any subcontractor intends to subcontract any portion of their work, it is required to list the dollar amount and the name of the subcontractor on this form. All named subcontractors on this form must also complete and submit a separate Schedule 2.

The Prime Contractor may count toward its SBE goal second and third tiered

SBE(s), provided that the Prime Contractor submits a completed Schedule 2 form for each SBE.

A detailed quote or bid may be attached with a signed Schedule 2.

6.4.2.3 – Schedule Submittals

6.4.2.3.1 - Failure to submit a properly executed Schedule 1 and Schedule

2 will result in not having SBE participation count toward an established

SBE participation goal, which may result in non-responsiveness to the solicitation.

6.4.2.3.2 - In the event of a conflict between Schedules 1 and 2 when calculating SBE participation, the information provided on Schedule 2 shall have precedence.

6.4.2.3.3. - In the event of mathematical error(s), the unit price, if available, shall prevail and the prime’s total offer shall be corrected accordingly.

6.4.3 - The Department reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Contract.

6.5 - SBE Certification

Only those firms certified by Palm Beach County at the time of bid submission shall be counted toward the established SBE goals. Upon receipt of a completed application, IT TAKES UP TO

NINETY (90) BUSINESS DAYS TO BECOME CERTIFIED AS AN SBE WITH PALM

BEACH COUNTY. It is the responsibility of the bidder to confirm the certification of any proposed SBE; therefore, it is recommended that bidders visit the online Vendor Directory at https://www.pbcgov.org/pbcvendors to verify SBE certification status. Firms must continue to recertify during the life of the Contract as the Department may only count toward the established https://www.pbcgov.org/pbcvendors

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goal, work performed by an SBE during the time their certification dates are valid, unless an SBE graduates the SBD Program by exceeding the gross revenue size standards of the program during the Contract.

6.6 - Counting SBE Participation

Once a business is certified as an SBE, the Contractor may only count toward its goals the portion of the total dollar value of a contract performed by the SBE. Prior to issuance of this solicitation, the total dollar value of a contract will be determined by the Department by defining factors to be considered as value. Total dollar value of retail contracts shall be determined by Gross Receipts, as defined in the SBD Ordinance.

6.6.1 - Certified SBE participation will only count toward the established goal in a business category in which it does not exceed the size standard.

6.6.2 - The Contractor may count toward the established API a portion of the total dollar value of a contract with a joint venture, based on the clearly defined portion of the work to be performed by SBE of the joint venture.

6.6.3 - The Contractor may count toward the established API the entire expenditures for materials and equipment purchased by an SBE subcontractor, provided that the SBE subcontractor has the responsibility for the installation of the purchased materials and equipment.

6.6.4 - The Contractor may count sixty percent (60%) of its expenditure to SBE suppliers

/ distributors that are not manufacturers toward the established goal.

6.6.5 - The Contractor may count toward the established goal, second and third tiered

SBEs, provided that the Contractor submits a completed Schedule 2 form for each SBE.

6.6.6 - The Contractor may count the entire expenditure to an SBE manufacturer toward the established goal (i.e., a supplier/distributor that produces goods from raw materials or substantially alters the goods before resale).

6.6.7 - The Contractor may only count towards the established goal the goods and services for which the SBE subcontractor is certified to perform with its work force.

6.6.8 - The Contractor may count the participation of an SBE that graduates during the performance of the contract towards the goal for the life of the contract.

6.7 - Responsibilities After Contract Award

6.7.1 - Schedule 3- Subcontractor Activity Form

The Contractor shall submit a completed Activity Report form (Schedule 3) with each invoice, or payment application when any subcontractor has provided services during the period in which the Prime is requesting payment. This form shall contain the names of all subcontractors and specify the contracted dollar amount; approved change orders, if

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applicable; revised contract amount, if applicable; amount drawn this period; amount drawn to date; and payments to date issued to all subcontractors with their starting date.

6.7.2 - Schedule 4- Payment Certification Form

A fully executed Schedule 4 shall be submitted for each subcontractor after receipt of payment from the Contractor. The Contractor shall submit this form with each payment application or invoice submitted to the Department when the Department has paid the

Contractor on the previous payment application for services provided by a subcontractor.

If any subcontractor intends to disburse funds associated with this payment to another subcontractor for labor provided on this Contract, the amount and name of the subcontractor shall be listed on this form. All named subcontractors on this form must also complete and submit a separate Schedule 4 after receipt of payment. If the Contractor is a

SBE, a Schedule 4 shall be submitted to reflect the amount of payment retained by the

Contractor for services performed by its own workforce. All Bidders hereby agree and assure that they will meet the SBE participation percentages submitted in their respective bids with the subcontractors contained on Schedules 1 and 2 and at the dollar values and/or percentages specified. Bidders agree to provide any additional information requested by the Department to substantiate participation.

6.7.3 - The successful Contractor shall submit a Subcontractor Activity Form (Schedule 3) and Payment Certification Forms (Schedule 4) with each payment application or as otherwise required by the Office of SBD. 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 Contractor and the

Payment Certification Forms (Schedule 4) are to be executed by the subcontractor to verify receipt of payment.

6.7.4 - Upon letter notification by the Department that the SBD payment portal/tracking system is available for use, the Contractor is required to input all subcontractor payment information directly into the SBD payment portal prior to submitting a payment application.

6.7.5 - Post Proposal Waiver Request (SBD Ordinance Section 2.80.26(6)(b))

If after submission of a bid, Bidder is unable, through no fault of its own, to meet the bid’s

SBE participation goal, then Bidder must immediately seek substitute SBEs to meet the goal. The substitution must be approved by the SBD Director and the Department. If, after

Good Faith Efforts, the contractor is unable to find a substitute SBE, a post-bid/proposal opening waiver may be requested. The request shall document the reasons for the

Contractor's inability to meet the SBE participation goal. If the Contractor is found not to have performed Good Faith Efforts when seeking a substitute SBE, one or more of the penalties and sanctions of the SBD Ordinance may be imposed.

6.7.6 - Change Orders and Modifications. If the Department's issuance of an alternate or change order on a project results in changes in the scope of Work to be performed by a

SBE subcontractor listed at bid opening, the Contractor must submit a modified, completed

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and signed Schedule 2 that specifies the revised scope of Work to be performed by the

SBE, along with the dollar value and /or percentage.

6.8 - SBE Substitutions - Contractor must notify the Office of SBD of changes in SBE utilization and get prior approval for any substitutions. If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the Contractor shall promptly do so, subject to acceptance of the new subcontractor by the Department.

6.8.1 - If at any time after submission of a solicitation response and before execution of a contract, the recommended awardee determines that a certified SBE listed on the participation schedules has or will become unavailable, then the recommended awardee shall immediately notify the Office of SBD.

Any desired change in the SBE participation schedules shall be approved in advance by the Office of SBD and shall indicate the prime contractor's Good Faith Efforts to substitute for another SBE subcontractor (as appropriate) to perform the work. Any changes

(including substitutions or termination and self-performance) must be approved in writing in advance by the Office of SBD.

6.8.2 - All requests for modifications or substitutions shall be submitted to the Office of

SBD on the Request for SBE Substitution/Modification/Removal Form for review. If granted, the Contractor shall submit a completed and signed Schedule 2 for the new SBE, which shall specify the type of work to be performed and the dollar amount and/or percentage. A detailed quote or bid may be attached with the Schedule 2.

6.9 - SBD Program Compliance- Penalties

6.9.1 - Under the SBD Ordinance, the Office of SBD is required to implement and monitor SBE utilization during the term of any contract resulting from this solicitation. It is the Department’s policy that SBEs shall have the maximum feasible opportunity to participate in the performance of Palm Beach County contracts. All Bidders are required to comply with the SBD Ordinance and shall be expected to comply with the API(s) applicable to this solicitation, as well as the SBE utilization proposed by a Bidder in its Proposal, which utilization which is incorporated into the resulting Contract.

6.9.2 – The Office of SBD, along with contracting staff of each County Department, shall monitor compliance with SBD Program requirements during the term of the contract. If there is cause to believe that a prime contractor or subcontractor has failed, or will likely fail, to comply with any of the requirements of the SBD Ordinance, or with the contract provisions pertaining to SBE subcontracting goals, the Office of SBD shall notify the County Department and prime contractor.

The Office of SBD may require such reports, information, and/or documentation from the prime contractor; subcontractor; and any County department, division, or office as are reasonably necessary to determine compliance with the SBD Ordinance.

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6.9.2.1 - Documentation from the noncompliant prime contractor or subcontractor must be sent to the Office of SBD within fifteen (15) calendar days after the notice of noncompliance is issued.

6.9.2.2 - If the requested materials are not received within fifteen (15) calendar days, then a finding of noncompliance is determined and appropriate penalties and sanctions may be imposed. Joint responsibility is shared by the Office of SBD and the County Department to resolve a prime contractor or subcontractor’s noncompliance with the requirements the SBD

Ordinance, including any noncompliance with contract provisions pertaining to SBE utilization. If noncompliance cannot be resolved within thirty (30) calendar days after notice is sent, the SBD Director and the Director or Manager of the County Department shall submit written recommendations to the County Administrator regarding penalties and sanctions. If the

County Administrator concurs with the findings, the following sanctions may be imposed:

• Suspension of Contract;

• Withholding of funds;

• Termination of Contract based upon a material breach of Contract pertaining to SBD

Program compliance;

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

• Liquidated damages equal to the difference in dollar value of SBE participation as committed to in the Contract, and the dollar value of SBE participation as actually achieved, if applicable.

6.10 – Payments to Subcontractors

6.10.1 - Contractor shall pay subcontractors undisputed amounts within ten (10) days after

Department pays the Contractor. In the event of a disputed invoice, the Contractor shall send the subcontractor(s) and Department a written notice of the dispute within five (5) days after receipt of the subject invoice.

6.10.2 - The Contractor agrees to pay its subcontractors in compliance with the Florida Prompt

Payment Act. In the event Contractor fails to comply with payments(s) to its subcontractors in accordance with the Florida Prompt Payment Act, Contractor shall be subject to any and all penalties and sanctions available under the terms of the SBD Program, its contract with the

Department, or any other applicable law.

7. INCENTIVES

7.1 Apprentice Incentive

Palm Beach County offers an Apprentice Incentive payment to a contractor who actually expends a minimum of $25,000 (including subcontractors) in payroll costs on apprentice wages. For purposes of this section, “apprentice” means any person who is participating in a Florida

Department of Education registered apprenticeship program.

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Upon completion of the Contract, Contractor may apply for the payment which will be added to the Contract by change order. If the County determines that the Contractor complied with the requirements of this section, it will reimburse the contractor 20% of its apprentice wages (including payroll taxes, costs, and benefits) up to a maximum reimbursement of $100,000. The request must be submitted no later than 45 days after Substantial Completion of the project.

For projects with construction costs of $20,000,000 or greater, the threshold amount of expenditures for apprentices which must be paid to qualify for the incentive shall increase to

$50,000 and the maximum reimbursement payment to $200,000.

To be eligible for the Apprenticeship Incentive payment, the apprentice employer (through the

Contractor) must provide the following documentation: apprentice name(s), contact information, the apprentice Registered Apprenticeship Partners Information Data System

(RAPIDS) Registration number, certification from the apprentice program that the employee was in good standing during the time on the project, registered trade, and certified payroll for the apprentice hours worked on the project.

The Contractor is required to forward all documentation, assembled and submitted by the apprentice employer in accordance with the above paragraph, to the County for review and disposition. Any incentive that the County approves shall be provided to the apprentice employer in full.

7.2 Glades Resident Incentive

Palm Beach County offers an incentive Payment to any contractor (and subcontractors) who hires a new employee that is a resident of the Glades area for work on County contracts (Glades

Employee). For purposes of this section, “resident of the Glades area” means any person whose legal residence is located in the Glades area as defined in the Palm Beach County Local

Preference Ordinance.

To be eligible for the Incentive Payment, the employee must be a full-time employee of the

Contractor for a minimum of 3 weeks on this project and cannot have worked for the Contractor claiming the Glades Employee as a new hire for 90 days prior to this project. Within 5 days of the Contractor hiring and the Glades Employee reporting to work at the project site, Contractor must provide the following documentation (Hiring Certification): Glades

Employee name, contact information including legal residence, copy of driver’s license or other proof of residence, hire date, start date at project site, and trade. Both the Glades

Employee and employer must sign the Hiring Certification with signatures notarized.

The County has the right, but not the obligation, to conduct unannounced field interviews with the Glades Employee to ensure compliance with the requirements of this Section.

Upon completion of the Contract, Contractor may apply for the Incentive Payment which will be added to the Contract by change order. The documentation (Incentive Certification) required includes resubmitting of the Hiring Certification along with the employment end date or last day on the job site (whichever is earlier), a certified payroll for the hours worked on the project, ITB-12 and employee wages and benefits paid. The Incentive Certification must be signed by both the Glades Employee and employer with both signatures notarized. No markup will be allowed either by the General Contractor or a subcontractor.

If the County determines that the Contractor complied with the requirements of this section, it will reimburse the Contractor 30% of the new employee(s) wages (including payroll taxes, costs, and benefits) up to a maximum reimbursement of $100,000. The request must be submitted no later than 45 days after Substantial Completion of the project.

A Contractor can only claim the Incentive Payment once for each Glades Employee within a rolling twelve (12) month period, but the incentive can be claimed across multiple County contracts.

It is a Contract requirement of the Contractor that any reimbursement requested by a subcontractor under this Section be processed by the Contractor to the County for review.

8. VSS REGISTRATION REQUIRED: Prior to Contract award or renewal (Award), Contractor must register in the County’s Vendor Self Service (VSS) at https://pbcvssp.pbc.gov/vssprd/Advantage4. If Contractor intends to use subcontractors, Contractor must also ensure that all subcontractors are registered as vendors in VSS prior to

Contract Award. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize Contract Award until Contractor has certified that the Contractor and all of its subcontractors are registered in VSS.

9. POSTING OF BID TABULATIONS AND AWARD RECOMMENDATION: Bid tabulations and

Notification from Owner, with recommended awards, will be posted at the location where bids were opened, for review by interested parties prior to submission through the appropriate approval process to the Board of County Commissioners for approval of award, and will remain posted for a period of five (5) business days. After posting, any actual or prospective bidder or proposer who is aggrieved in connection with the pending award or other element of the process leading to the award of a contract may protest to the Director of Procurement. The protest shall be submitted within five (5) business days after posting of the award recommendation. The protest must be in writing and must identify the protestor and the solicitation and shall include a factual summary of the basis of the protest and shall include a protest bond in the amount of: (1) one thousand five hundred dollars ($1,500.00) for solicitations less than one million dollars ($1,000,000.00); (2) three thousand dollars ($3,000.00) for solicitations one million dollars ($1,000,000.00) to less than five million dollars ($5,000,000.00); or (3) five thousand dollars ($5,000.00) for solicitations five million dollars ($5,000,000.00) or greater, which bond shall be remitted in the form of a money order, certified check, a cashier’s check, or a bank check payable to Palm Beach County. Such protest is considered filed when it is received and date/time stamped by the Department of

Procurement. The date/time stamp of the Procurement Department shall control when determining whether the protest was received by the Director of Procurement within the time frame specified for the notice of protest. Neither the Director of Procurement nor a special master shall consider any issue not submitted in writing within the time frame specified for the notice of protest. Please refer to Section 2-55, Palm Beach County Code, for more information on the County’s protest process.

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10. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING - F.S. 287.05701: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the County will not request documentation of or consider a Bidder’s social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the County's governing body may not give preference to a Bidder based on the Bidder’s social, political, or ideological interests.

SPECIAL PROVISIONS

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1. Continuing Services Contract

2. Award

3. Expiration/Extension

4. Method of Ordering (Work Orders)

5. Prosecution of the Work

6. Commercial Non-Discrimination

7. PBC Office of the Inspector General

8. Public Entity Crimes

9. Chapter 119, F.S. Public Records

10. Subletting or Assigning Contracts

11. Non-Collusion

12. Conflict of Interest

13. E-Verify

14. Counterparts

15. Digital Accessibility

16. Bond Waiver Program

17. Additional Insured Parties

18. Use of Patented Processes, Etc.

19. Daily Reports

20. Price/Delivery/Acceptance

21. Local Government Prompt Payment

Act

22. Basis of Payment

23. Utilities Contacts

24. Maintenance of Traffic

25. School Zone

26. Limits of Construction

27. Restoration Agreements

28. Permit Completion Certifications

29. National Pollutant Discharge

Elimination System (NPDES)

30. Construction Impacts to Bus

Operations

31. Regulated Substance Use

Requirements

32. Unit Prices

33. Contingent Items

34. Clearing and Grubbing

35. Subsoil Excavation

36. Embankment

37. Premium for Conflict Conditions

38. Pipe Culverts

39. Pipe Culverts (Storm Sewer

Pumping and Cleaning)

40. Storm Sewer System Pipe Plugs

41. Final Pipe Inspection

42. Video Report

43. Gravity Wall Construction

44. Irrigation System within Restoration

Agreement Areas

45. Color Treated and Stamped Concrete

46. Engraving of Curb Face

47. Guardrail & Special Safety Pipe Rail

48. Planting Standards

49. Resetting Fence

50. Record Drawings (Roadway)

51. Record Drawings and Docs (Bridge)

52. Dynamic Load Test Support

53. Project Videos and Photographs

54. Waiver of Jury Trial

55. Laws and Venue; Remedies

56. Night Work

57. Additional Reporting

58. Detail for Installation of Median

Irrigation Sleeves for Thoroughfare

Roads

59. Supplemental Concrete at Drainage

Structure Top Detail

60. Excavation Around Traffic Signal

61. Liquid Asphalt Calculation Sheet

62. Foreign Gifts and Foreign Contracts

63. Human Trafficking Affidavit

64. Prohibition Against DEI Cert.

65. Temporary Pavement Markings

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1. CONTINUING SERVICES CONSTRUCTION CONTRACT ON A WORK ORDER

BASIS: The intent of this Contract is to award a Contract to a Contractor(s) to perform Work on a Work Order basis. Work Orders shall be issued on an “as needed” basis. See Special Provisions for Method of Ordering Work. The line items in the Proposal pages are intended to set unit prices for the Work Orders. No Work Orders are guaranteed as part of this Contract. The total value of

Work Orders issued under this Contract shall not exceed the amount listed on page C-1 of this document, however, this may be increased by mutual agreement between the Contractor and Palm

Beach County via a Contract Amendment.

2. AWARD: As the best interest of the Board of County Commissioners may require, the right is reserved to make award(s) on an item-by-item basis, or an all-or-none basis. See General Provision

3-2.1.

3. EXPIRATION/EXTENSION: The Contract expires eighteen (18) months from the date of

Board approval. The Contract period may be extended for a defined period of time, not to exceed thirty-six (36) months total Contract Time.

Option for extension and other Contract deviations will only be exercised upon mutual written agreement through a Contract Amendment, while adhering to all other original terms, conditions and unit prices of the Contract.

The effective date of a Work Order is the date of the Department’s execution of the Work Order.

The Department may execute a new Work Order at any time during the term of the Contract.

Contractor shall complete all work pursuant to the Work Order, as may be amended or supplemented. Work Orders may be supplemented as necessary prior to their completion provided that the supplement scope is directly related to the scope of work in the Work Order. Work Orders do not expire with this Contract.

4. METHOD OF ORDERING (WORK ORDERS): The Department(s) will issue Work Orders on an “as needed” basis. The Department has no obligation to issue any Work under this Contract to any Contractor. All terms and conditions of the Bid are applicable. The individual Work Orders will specify the Work to be performed, its location, a not-to-exceed cost (based on the Contract unit prices), and a schedule for performance. The Contractor will be sent a Work Order for signature. Within five (5) Working Days of receipt, the Contractor shall sign and return the Work

Order along with all applicable OSBD schedules. Then each Work Order will be executed (signed) by the authorized Department representative and notice to commence will be sent to the

Contractor. If the Contractor fails to sign the Work Order within the required time, the Work Order will be signed by only the authorized Department representative and will serve as the fully executed Work Order and notice to commence will be sent to the Contractor. The Contractor’s failure to sign a Work Order within five (5) Working Days does not prevent execution of the Work

Order (which is solely by signature of the authorized Department representative), and all Work

Orders must be performed upon notice to commence.

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Upon completion of the Work Order task, the Contractor will submit an individual invoice, a copy of the original Work Order, the appropriately completed SBE participation forms referenced in

Item 7 of the SBE Program section of this Contract, a Contractor’s affidavit, and consent of Surety.

Contractor shall comply will all requirements in the Contract Documents for obtaining final payment. Final payment of a Work Order does not terminate the Contract or extinguish the

Surety’s obligations under the Contract.

The Contractor will receive progress payments based on submitted invoices. The payment amount will be based on the Work done and accepted. No retainage is withheld.

5. PROSECUTION OF THE WORK: The Contractor will be required to maintain within Palm

Beach County, at all times while this Contract is in effect, the Equipment necessary to properly carry out the provisions of these Specifications. After receiving notice to commence with the

Work for a particular Work Order, the Contractor shall commence promptly within five (5)

Working Days. The Contractor shall efficiently prosecute the Work with adequate personnel and

Equipment until completion, which shall be within 30 Calendar Days, or as specified in the Work

Order. Failure to comply with either time requirement shall result in Liquidated Damages, assessed on a Work Order basis and in the amounts shown in Section 8-10.2 of the Standard Specifications.

6. COMMERCIAL NON-DISCRIMINATION: The County is…