21-011 - Lucerne Lakes Valves and Valve Replacement - Front End Docs.pdf

BOARD OF COUNTY COMMISSIONERS

PALM BEACH COUNTY, FLORIDA

Lucerne Lakes Valves and Valve Replacement

PBCWUD Project No. 21-011

CONTRACT DOCUMENTS

BIDDING REQUIREMENTS, CONTRACT FORMS,

CONDITIONS OF THE CONTRACT, AND

TECHNICAL SPECIFICATIONS

Palm Beach County Water Utilities Department 8100 Forest Hill Boulevard

West Palm Beach, FL 33413

FAX: (561) 493-6113

E-Mail Address: Destime@pbcwater.com

Bids will be received at the office of the Palm Beach County Water Utilities Department, Administration Building, located at 8100 Forest Hill Boulevard, West Palm Beach, Florida 33413 at the time and on the date specified in the Advertisement for Bids.

CONFIDENTIAL

PBCWUD DOCUMENT

NOT FOR PUBLIC DISCLOSURE

In Accordance with:

FS Chapter 281.301

FS Chapter 119.071 (3) (b)

FS Chapter 153

PBCWUD PROJECT NO. 21-011 TABLE OF CONTENTS - 1 Rev 08-31-22

BOARD OF COUNTY COMMISSIONERS

PALM BEACH COUNTY, FLORIDA

Lucerne Lakes Valves and Valve Replacement

PBCWUD Project No. 21-011

TABLE OF CONTENTS

Description Page No.

Advertisement for Bids 1 - 2 Invitation to Bid 1 - 2 Instruction to Bidders 1 - 24 Bid Form: 1 - 21

Attachment No. 1 - Bid Bond 7 - 8 Attachment No. 2 - OEBO Schedule 1 - List of Proposed Contractor/Consultant and Subcontractor/Subconsultant 9 Participation and OEBO Schedule 2 – Letter of Intent 9 Attachment No. 3 & 3a - Certification of Business Location 10 - 11 Attachment No. 4 - List of Subcontractors 12 Attachment No. 5 - Trench Safety 13

Contract 1 - 2 Public Construction Bond 1 - 3 Form of Guarantee 1 Only General Conditions 1 - 54 Security, Background Checks, and Confidentiality 1 – 7 Appendix A:

Notice to Proceed A-1 Periodical Estimate for Partial Payment A-2/A-5 OEBO Schedule 3 – Subcontractor Activity Form A-6 OEBO Schedule 3(A) – Professional Services Activity Form A-6 OEBO Schedule 4 – Subcontractor/Subconsultant A-6 Instructions on Completing SBE-M-WBE Schedules1-4 A-6 Warranty of Title and Release A-7/A-8 Consent of Surety A-9 Request for Adjustment of Retainage A-10/A11 Change Order A-12/A13 Charge Authorization A-14 Certificate of Substantial Completion A-15/A-16 Contractor’s Certification of Final Completion A-17 Statement of Unresolved Claims A-18 Consent of Surety for Final Payment A-19 Final Warranty of Title A-20/A-21 Work Directive A - 22

Appendix B:

Post Bid Information B-1/B-5

PBCWUD PROJECT NO: 21-011 ADVERTISEMENT FOR BID - 1 Rev 11-23-22

ADVERTISEMENT FOR BID

Project Name: Lucerne Lakes Valves and Valve Replacement

PBCWUD Project No.: 21-011

Sealed Bids containing all the required Bid Documents will be received by the Board of County Commissioners, Palm Beach County, Florida, until 2:00 PM on April 5, 2023, at the Palm Beach County Water Utilities Department, Administration Building (1st Floor Reception Desk) located at 8100 Forest Hill Boulevard, West Palm Beach, Florida.

The Bid Documents received by this time will be opened the same day, April 5, 2023, in accordance with the Invitation to Bid and Instructions to Bidders, at or after 2:00 PM in the Administration Building, Conference Room (Room 158).

The bids will be for furnishing all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary for the installation of 16 large diameter valves within Lucerne Lakes and throughout Palm Beach County Water Utilities Department service area. The construction services consisting generally of, but not limited to, installation of valves on water mains, force mains, and all associated appurtenances and work indicated in the construction drawings and technical specifications.

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

The Bid Documents will be available to download free of charge beginning March 7, 2023. Please visit Palm Beach County’s Vendor Self Service page to access the Bid Documents: https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) System, which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. IF BIDDER INTENDS TO USE SUBCONTRACTORS, BIDDER MUST

ALSO ENSURE THAT ALL SUBCONTRACTORS ARE REGISTERED AS VENDORS IN VSS. ALL

SUBCONTRACTOR AGREEMENTS MUST INCLUDE A CONTRACTUAL PROVISION REQUIRING THAT THE

SUBCONTRACTOR REGISTER IN VSS. COUNTY WILL NOT FINALIZE A CONTRACT AWARD UNTIL THE COUNTY HAS VERIFIED THAT THE BIDDER AND ALL OF ITS SUBCONTRACTORS ARE REGISTERED IN VSS. This will allow the County to notify you of upcoming solicitations. In addition, there may be certain documents necessary for submittal of a bid which are exempt from public disclosure. Bidders shall download and submit a Plan Holder Registration form (Bid Document attachment) to access these exempt documents. Registered Plan Holders will automatically receive notification of addenda and project updates.

The Bid Documents also may be obtained from Palm Beach County Water Utilities Department, 8100 Forest Hill Boulevard, West Palm Beach, FL 33413. A non-refundable service charge of $150.00 per set of Bid Documents is required. Checks are to be made payable to “Palm Beach County Water Utilities Department.” Partial sets will not be available. Bidders requiring Bid Documents mailed must provide an express mail account number to the PBCWUD Engineering Division. The bill will be charged to the recipient's account.

Bid Documents may also be examined at the following plan houses:

ConstructConnect (800) 364-2059

Dodge Data & Analytics, LLC (800) 393-6343 Construction Journal, Stuart (800) 785-5165

When Bid Documents are obtained through a plan house, Bidders must notify the Palm Beach County Water Utilities Department’s Project Manager via e-mail in order to be registered to receive project addendums and communications.

Questions may be addressed in writing to Ralph Estime, PMP at Destime@pbcwater.com or Palm Beach County Water Utilities Department, 8100 Forest Hill Blvd., West Palm Beach, FL 33413.

Pursuant to the Palm Beach County Code Section 2-80.20 – 2-80.40, the Equal Business Opportunity (EBO) Ordinance, the County will provide contracting and subcontracting opportunities for S/M/WBEs. The following Affirmative Procurement Initiatives (APIs) apply to this project:

The SBE subcontracting goal for this project is a mandatory minimum of 12% participation, See EBO Ordinance Section 2-80.27(1)(c).

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

PBCWUD PROJECT NO: 21-011 ADVERTISEMENT FOR BID - 2 Rev 11-23-22

When a mandatory SBE or M/WBE goal applies to this solicitation, then any bid that fails to comply with the required goal shall be deemed non-responsive after the period allowed for waiver requests has lapsed.

If a bidder is unable to comply with a required goal, such bidder shall submit a request for a waiver or partial waiver at least 7 days prior to the bid due date. If a bidder requests a waiver from a goal from the Office of EBO at least 7 days prior to the bid due date, then the bid due date will be extended pending the outcome of a waiver request. Additionally, if the waiver is granted the solicitation will be amended accordingly and the due date extended again. Fillable pdfs of all EBO forms can be found on the OEBO website at http://discover.pbcgov.org/oebo/Pages/Compliance-Programs.aspx. Also, see the EBO Ordinance and Countywide PPM CW-O-043 for further information on the County’s EBO Program.

At the time of bid submission each bidder, and all identified subcontractors, must possess all professional licenses or certifications required by the State of Florida and/or Palm Beach County, as applicable, for the purpose of performing the specified work.

Bid proposals must be submitted on the forms provided by Palm Beach County and accompanied by a bid bond security in favor of Palm Beach County in the amount of not less than five percent (5%) of the bid price. A public construction bond (100%) will be required of the successful bidder within fourteen calendar days of notification from County.

Bidders are invited to attend a non-mandatory pre-bid conference to be held on March 22, 2023 at 10:00 AM at the address listed below. A non-mandatory site visit may be scheduled at the conclusion of this conference. Attendance at this pre-bid conference is recommended and encouraged.

Palm Beach County Water Utilities Department Administration Building

Conference Room 158 8100 Forest Hill Blvd.

West Palm Beach, FL 33413

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.

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

This Notice given this 5th day of March 2023, Palm Beach County Water Utilities Department.

BY:

Deputy Director, Palm Beach County Water Utilities Department

PRINT NAME: Krystin Berntsen PE, PMP

ATTEST:

JOSEPH ABRUZZO BOARD OF COUNTY COMMISSIONERS

CLERK OF THE CIRCUIT COURT & PALM BEACH COUNTY, FLORIDA

COMPTROLLER BY: GREGG K. WEISS, MAYOR

PUBLISH: Palm Beach Post March 5, 2023

END OF SECTION

PBCWUD PROJECT NO: 21-011 INVITATION TO BID - 1 Rev 08-31-22

INVITATION TO BID

Project Name: Lucerne Lakes Valves and Valve Replacement

Sealed Bids containing all the required Bid Documents will be received by the Board of County Commissioners, Palm Beach County, Florida, until 2:00 PM on April 5, 2023, at the Palm Beach County Water Utilities Department, Administration Building (1st Floor Reception Desk) located at 8100 Forest Hill Boulevard, West Palm Beach, Florida. The Bid Documents received by this time will be opened the same day, April 5, 2023, in accordance with the Invitation to Bid and Instructions to Bidders, at or after 2:00 PM in the Administration Building, Conference Room (Room 158).

The bids will be for furnishing all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to for the installation of 16 large diameter valves within Lucerne Lakes and throughout Palm Beach County Water Utilities Department service area. The construction services consisting generally of, but not limited to, installation of valves on water mains, force mains, and all associated appurtenances and work indicated in the construction drawings and technical specifications.

All conditions and requirements for bid submission, consideration, and award are contained in the Bid Documents. The Bid Documents will be available to download free of charge beginning March 7, 2023. Please visit Palm Beach County’s Vendor Self Service page to access the Bid Documents:

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) System, which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. IF BIDDER

INTENDS TO USE SUBCONTRACTORS, BIDDER MUST ALSO ENSURE THAT ALL

SUBCONTRACTORS ARE REGISTERED AS VENDORS IN VSS. ALL SUBCONTRACTOR

AGREEMENTS MUST INCLUDE A CONTRACTUAL PROVISION REQUIRING THAT THE

SUBCONTRACTOR REGISTER IN VSS. COUNTY WILL NOT FINALIZE A CONTRACT AWARD

UNTIL THE COUNTY HAS VERIFIED THAT THE BIDDER AND ALL OF ITS SUBCONTRACTORS ARE

REGISTERED IN VSS. This will allow the County to notify you of upcoming solicitations. In addition, there may be certain documents necessary for submittal of a bid which are exempt from public disclosure.

Bidders shall download and submit a Plan Holder Registration form (Bid Document attachment) to access these exempt documents. Registered Plan Holders will automatically receive notification of addenda and project updates.

The Bid Documents also may be obtained from Palm Beach County Water Utilities Department, 8100 Forest Hill Blvd., West Palm Beach, FL 33413 (Destime@pbcwater.com). A non-refundable service charge of $150.00 per set of Bid Documents is required. Checks are to be made payable to “Palm Beach County Water Utilities Department.” Partial sets will not be available. Bidders requiring Bid Documents mailed must provide an express mail account number to the PBCWUD Engineering Division. The bill will be charged to the recipient's account.

Bid Documents may also be examined at the following plan houses:

ConstructConnect (800) 364-2059

Dodge Data & Analytics, LLC (800) 393-6343

Construction Journal, Stuart (800) 785-5165

PBCWUD PROJECT NO: 21-011 INVITATION TO BID - 2 Rev 08-31-22

When Bid Documents are obtained through a plan house, Bidders must notify the Palm Beach County Water Utilities Department’s Project Manager via e-mail in order to be registered to receive project addendums and communications.

Pursuant to the Palm Beach County Code Section 2-80.20 – 2-80.40, the Equal Business Opportunity (EBO) Ordinance, the County will provide contracting and subcontracting opportunities for S/M/WBEs.

The following Affirmative Procurement Initiatives (APIs) apply to this project:

The SBE subcontracting goal for this project is a mandatory minimum of 12% participation, See EBO Ordinance Section 2-80.27(1)(c).

When a mandatory SBE or M/WBE goal applies to this solicitation, then any bid that fails to comply with the required goal shall be deemed non-responsive after the period allowed for waiver requests has lapsed. If a bidder is unable to comply with a required goal, such bidder shall submit a request for a waiver or partial waiver at least 7 days prior to the bid due date. If a bidder requests a waiver from a goal from the Office of EBO at least 7 days prior to the bid due date, then the bid due date will be extended pending the outcome of a waiver request. Additionally, if the waiver is granted the solicitation will be amended accordingly and the due date extended again. Fillable pdfs of all EBO forms can be found on the OEBO website at http://discover.pbcgov.org/oebo/Pages/Compliance-Programs.aspx. Also, see the EBO Ordinance and Countywide PPM CW-O-043 for further information on the County’s EBO Program.

At the time of bid submission each bidder, and all identified subcontractors, must be properly certified and licensed in the State of Florida and/or Palm Beach County, as applicable, for the purpose of performing the specified work.

Bid proposals must be submitted on the forms provided by Palm Beach County and accompanied by a bid bond security 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 bid price. A public construction bond (100%) will be required of the successful bidder within 14 calendar days of notification from County.

All bid documents must be submitted in sealed envelopes as described in the INSTRUCTIONS TO

BIDDERS.

Bidders are invited to attend a non-mandatory pre-bid conference to be held on March 22, 2023, at 10:00 AM, at the address listed below. A site visit will be scheduled at the conclusion of this conference.

Attendance at this pre-bid conference is recommended and encouraged.

Palm Beach County Water Utilities Department Administration Building

Conference Room 158 8100 Forest Hill Blvd.

West Palm Beach, FL 33413

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.

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

END OF SECTION

PBCWUD PROJECT NO: 21-011 INSTRUCTIONS TO BIDDERS - 1 Rev 08-31-22

PALM BEACH COUNTY

INSTRUCTIONS TO BIDDERS

SECTION DESCRIPTIONS

1. DEFINITIONS

2. LICENSES, BUSINESS TAX RECEIPTS, POLICY REGARDING SUBCONTRACTORS

3. BIDDER'S REPRESENTATIONS

4. BIDDING DOCUMENTS

5. BIDDING PROCEDURE

5.3 EQUAL BUSINESS OPPORTUNITY PROGRAM

6. CONSIDERATION OF BIDS AND AWARD OF CONTRACT

7. TIME

8. VOLUNTARY PARTNERING

9. PUBLIC BID DISCLOSURE COMPLIANCE

10. CONSTRUCTION INCENTIVE PROGRAM

11. LIQUIDATED DAMAGES

12. LOBBYIST REGISTRATION ORDINANCE - CONE OF SILENCE

13. LIVING WAGE ORDINANCE

14. CRIMINAL HISTORY RECORDS CHECK ORDINANCE

15. DEPARTMENT SPECIFIC INSTRUCTIONS

16. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

17. NOTIFICATIONS

18. E-VERIFY – EMPLOYMENT ELIGIBILITY

PBCWUD PROJECT NO: 21-011 INSTRUCTIONS TO BIDDERS - 2 Rev 08-31-22

1.0 Definitions

1.1 Addenda are written or graphic instruments issued by the County via the Department 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 same into the Bidding documents and are required to acknowledge receipt of all addenda on the Bid Form.

1.2 A Bid Alternate Item is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the work, as described in the Bidding Documents, is accepted by the County.

1.3 The 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 work may be added or from which work may be deducted for sums stated in Alternate Bid Items.

1.4 A 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. When combined with the completed, signed, sealed Attachments and required information, also referred to as Sealed Bid.

1.5 Bid Schedule – The Bidder’s cost proposal for Work items.

1.6 The term 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 Bid Documents or Bidding Documents include the Invitation to Bid, Instructions to Bidders, the Bid Form and Attachments, Bid Bond and Forms, the Contract conditions (General, Supplemental, and Special, if included), technical specifications, drawings, exhibits thereto and any Addenda issued prior to the date designated for receipt of bids.

1.8 The Contract Documents for bidding and execution of the awarded Work consist of the following:

1. Bidding Requirements - Invitation to Bid, Instructions to Bidders, Bid Form and

Attachments, and Bid Bond

2. Contract Forms - Contract, Public Construction Bond, and Form of Guarantee

3. Contract Conditions - General Conditions, Supplemental Conditions, and

Special Conditions, if included.

4. Appendices

5. Technical Specifications

6. Addenda

7. Drawings/Plans

8. Permits

PBCWUD PROJECT NO: 21-011 INSTRUCTIONS TO BIDDERS - 3 Rev 08-31-22

9. Sealed Bid

10. Amendment(s), Work Supplement(s), Work Directive(s)

11. Required Contractor Submittals related to the Work

1.9 The term Contractor shall mean the person or entity who is the 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 his authorized representative, as the contract context requires.

1.10 The term County or Owner shall mean the Board of County Commissioners of Palm Beach County, Florida.

1.11 The term Day or Days shall mean a calendar day or calendar days. A calendar day begins at 12:00:00 midnight and ends 24 hours later at 11:59:59 p.m.

1.12 The term Department shall mean the Palm Beach County Water Utilities Department, 8100 Forest Hill Boulevard, West Palm Beach, FL 33413, Telephone No. (561) 493-6000.

1.13 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.

1.14 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.

1.15 Local Preference - In accordance with the Palm Beach County Local Preference Ordinance, as amended, preference shall be given to: (1) those bidders having a permanent place of business in Palm Beach County (“County”); and, (2) those bidders having a permanent place of business in the Glades providing goods or services to be utilized in the Glades. To receive a local preference, bidders must have a permanent place of business in the County or in the Glades, as applicable, prior to the County’s issuance of any solicitation.

1.16 A 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 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.

1.17 Palm Beach County is a political subdivision of the State of Florida, as represented by its Board of County Commissioners (hereinafter called "County"). Where the word "approval" is mentioned, "approval" shall mean action by the Board of County Commissioners, or designated representative.

1.18 S/M/WBE -- Small, Minority and Women Owned businesses are defined consistent with the requirements of the County’s Equal Business Opportunity Ordinance Section 2-80.20-Section 2-80.40

Palm Beach County Code.

1.19 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. For a Bid to be balanced, each item must carry its proportionate share of direct cost, overhead and profit.

PBCWUD PROJECT NO: 21-011 INSTRUCTIONS TO BIDDERS - 4 Rev 08-31-22

1.20 The term Work as used herein refers to the construction and services required by the Contract Documents and include all labor, materials, equipment, and services provided by the Contractor to fulfill the Contractor's obligations.

2.0 Licenses, Business Tax Receipts, Policy Regarding Subcontractors

2.1 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. State of Florida Contractor's Registration/License or 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 fails to comply with this section at the time the bid is submitted, or which lists a subcontractor who is not in compliance with this section at the time the bid is submitted, shall be rejected as non-responsive.

2.2 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 It is Palm Beach County’s policy to discourage contractors from seeking new subcontractor or supplier pricing after the opening of bids of a County contract, which practice is sometimes known as bid or subcontractor shopping. In order to facilitate this policy, Bidders are required to identify, in the Bid Documents, the major subcontractors which Bidder, as the contractor, intends to use to perform the contract.

2.3.1 No Contractor, having been awarded any contract based upon the Contractor’s response to an invitation to bid, request for proposal, request for qualifications, 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.

The replacement of any S/M/WBE subcontractor shall also conform to the requirements of the County’s EBO Ordinance and paragraph 5.3.10 of these Instructions to Bidders.”

2.3.2 No Contractor, having been awarded any contract based upon the Contractor’s response to an invitation to bid, request for proposal, request for qualifications, or other solicitation for competitive selection wherein the Contractor listed the elements of work which the Contractor intended to perform with its own 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.

2.3.4 No bidder, including subcontractors, will be considered responsible if it had recently failed to satisfactorily carry out any previous contract with Palm Beach County. Contractor shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom County or Engineer may have reasonable objection.

3.0 Bidder’s Representations

3.1 Each Bidder by making its Bid represents that:

PBCWUD PROJECT NO: 21-011 INSTRUCTIONS TO BIDDERS - 5 Rev 08-31-22

3.1.1 Bidder has satisfied itself, by personal examination of the location of the proposed Work and by thorough examination of the Bid 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 County will make copies of such reports and drawings that are referenced in the Bid Documents available to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the Bidder is entitled to review the technical data contained therein for general information purposes only. County does not represent that the conditions reflected in such reports and drawings are the conditions which contractor will experience, but are based on best information available to the County.

3.1.3 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.

3.1.4 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, 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 Bid Documents and/or it has satisfied itself with respect to such conditions and it shall make no claims against the County or the Engineer if on carrying out the Work it finds that the actual conditions do not conform to those indicated.

3.1.5 On request, the County will provide each Bidder access to the Site to conduct such investigations and tests, as each Bidder deems necessary for submission of its Bid. Bidder shall schedule such access in advance with the County by contacting the Department. Upon completion of such additional field investigations and tests, each Bidder shall completely restore disturbed areas to a condition equal to or better than the conditions which existed prior to performance of the additional field investigations and tests.

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 Bid 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 Bid Documents and that such means, methods, techniques, sequences, or procedures of construction as may be indicated in or

PBCWUD PROJECT NO: 21-011 INSTRUCTIONS TO BIDDERS - 6 Rev 08-31-22 required by the Bid 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 Engineer 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 items are supplied only to give an indication of the general scope of the Work and 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 increase or decrease the quantity of any unit price item of the bid quantity, without a change in the unit price, and reserves the right to delete any bid item, in its entirety, or to add additional bid items up to and including an aggregate total amount not to exceed fifteen percent (15%) of the contract price.

3.1.10 Scrutinized Companies

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.

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.

If the County determines, using credible information available to the public, that a false certification has been submitted by 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 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 FF.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 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 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

PBCWUD PROJECT NO: 21-011 INSTRUCTIONS TO BIDDERS - 7 Rev 08-31-22 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 of 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.

3.4 Local Preference

3.4.1. In accordance with the Palm Beach County Local Preference Ordinance (Sec. 2-80.44), a preference will be given to Bidders having a permanent place of business in Palm Beach County.

Local preference means that if the lowest responsive, responsible Bidder is a regional or non-local business, then all bids received from responsive, responsible local Bidders are decreased by 5%, to a maximum of $100,000 difference. The original bid amount is not changed; the 5% decrease is calculated only for the purposes of determining local preference.

3.4.1.1 Glades Local Preference (Sec. 2-80.44.1): in addition, if the project is located in the

Glades area as defined in the Ordinance, a preference will be given to Bidders having a permanent place of business in the Glades area or to a local bidder who utilizes a Glades subcontractor(s) by a minimum of 15% of the total bid price. This preference takes precedence over the preference in Paragraph 3.4.1. If the lowest responsive, responsible Bidder is a non-Glades business, then all bids received from responsive, responsible Glades Bidders are decreased by 5%, to a maximum of $100,000 difference. If the lowest responsive, responsible Bidder is a non-Glades business, then all bids received from responsive, responsible non-Glades, local Bidders that utilize Glades subcontractors for a minimum of 15% are decreased by 3%, and for a minimum of 30% are decreased by 4%, to a maximum of $100,000 difference. The original bid amount is not changed; the decrease is calculated only for the purposes of determining the Glades local preference.

3.4.2. To receive a local preference, a business must have a permanent place of business in existence prior to the County’s issuance of this Invitation for Bid. A permanent place of business means that the business’ headquarters is located in Palm Beach County or for the Glades preference in the Glades area; or, the business has a permanent office or other site in Palm Beach County or Glades area where the business will produce a substantial portion of the goods or services to be purchased.

3.4.3 A valid business tax receipt issued by the Palm Beach County Tax Collector will be used to verify that the business had a permanent place of business prior to the issuance of this Invitation for Bid. The name and address on the business tax receipt must be the same name and address that is included in the bid submitted to Palm Beach County. A Palm Beach County business tax receipt is required unless specifically exempted by law. In lieu of a Palm Beach County business tax receipt, the business’ current business tax receipt issued to the business should be included in the response.

3.4.4 The Bidder must submit the attached Certification of Business Location and/or

“Certification of Business Location – Glades Subcontractor” as applicable along with a copy of the Bidder’s/subcontractor’s business tax receipt at the time of bid submission. Failure to submit the certification shall cause the Bidder to not receive a local or Glades local preference. Palm Beach County may require a Bidder to provide additional information for clarification purposes at any time prior to the award of the contract.

3.5 A local business or a Glades business or a local business utilizing Glades Contractors receiving a preference under the Palm Beach County Equal Business Opportunity Ordinance and the Equal Business Opportunity Program Policies and Procedures (“EBO Program and EBO PPM”) for a particular purchase shall not be eligible to receive a local preference as established under this Local Preference Code for that same purchase. In case of any inconsistency between the provisions of the Local Preference Code and Chapter 2, Article III, Division 2, Part C of this Code and EBO PPM, Chapter 2, Article III, Division 2, Part C of this Code and EBO PPM shall take precedence.

PBCWUD PROJECT NO: 21-011 INSTRUCTIONS TO BIDDERS - 8 Rev 08-31-22

3.6 Commercial Non-Discrimination. The Bidder represents and warrants that it will comply with the County’s Commercial Nondiscrimination Policy as described in Resolution 2017-1770 as amended. As part of such compliance, the Bidder shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the Bidder retaliate against any person for reporting instances of such discrimination. The Bidder shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the County’s relevant marketplace in Palm Beach County. The Bidder understands and agrees that a material violation of this clause shall be considered a material breach of any resulting contract and may result in termination of the contract, disqualification or debarment of the Bidder from participating in County contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

All subcontractor agreements shall include a commercial non-discrimination clause.

3.7 VSS Registration Required. In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system, which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. IF BIDDER INTENDS TO USE

SUBCONTRACTORS, BIDDER MUST ALSO ENSURE THAT ALL SUBCONTRACTORS ARE

REGISTERED AS VENDORS IN VSS. ALL SUBCONTRACTOR AGREEMENTS MUST INCLUDE A

CONTRACTUAL PROVISION REQUIRING THAT THE SUBCONTRACTOR REGISTER IN VSS.

COUNTY WILL NOT FINALIZE A CONTRACT AWARD UNTIL THE COUNTY HAS VERIFIED THAT

THE BIDDER AND ALL OF ITS SUBCONTRACTORS ARE REGISTERED IN VSS.

4.0 Bidding Documents

4.1 Copies

4.1.1 Bidders may obtain complete sets of the Bidding Documents by methods as indicated in the Invitation to Bid.

4.1.2 Bidders shall use complete sets of Bidding Documents in preparing Bids; the County assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or illegible sets of Bidding Documents.

4.1.3 The County, by making copies of 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.

4.2 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 conditions.

4.2.2 Bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Department at the name and address listed in the Invitation to Bid at least ten calendar days prior to the date for receipt of Bids. Bidders requesting clarification or

PBCWUD PROJECT NO: 21-011 INSTRUCTIONS TO BIDDERS - 9 Rev 08-31-22 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. A bidder finding discrepancies, errors, and/or omissions or having doubt as to the intent of the technical portions of the Bid Documents, or having questions relative to bidding requirements, bidder qualifications and contract award shall at once notify 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 interpretation, clarification, correction, or change of the Bidding Documents will be made only by Addendum. Written instructions regarding discrepancies, omissions or unclear intents shall be sent to all Bidders who have received bid documents from Palm Beach County. Interpretations, corrections or changes to the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and 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 work. In case of discrepancy, the following precedence will govern the interpretation of the Contract Documents prior to award of the contract.

1. Contract

2. Addenda

3. Instructions to Bidders

4. Special Conditions

5. Supplemental General Conditions

6. General Conditions

7. Technical Specifications/Drawings/Plans

8. Bid Documents

After award, Work Supplements, supplemental agreements, and revisions to plans and specifications will take precedence over any of the above. In case of discrepancy among technical specifications, drawings, and plans, the most restrictive requirements shall govern. 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 County shall resolve the conflict in any manner which is acceptable to County 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 Addenda will be mailed, delivered, e-mailed, or faxed to all who are known by the Department to have received a complete set of Bidding Documents.

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 work days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids, 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.

PBCWUD PROJECT NO: 21-011 INSTRUCTIONS TO BIDDERS - 10 Rev 08-31-22

4.3.4 Prior to submission of its Bid, each Bidder shall ascertain that it has received all Addenda issued. The Bidder shall acknowledge receipt of all addenda by completing the acknowledgment space provided on the Bid Form.

5.0 Bidding Procedure

5.1 Form and Style of Bids

5.1.1 Bids shall be submitted on forms furnished by the County. Changes or additions to the Bid, recapitulations or changes in the work bid upon, alternative proposals, or any other modifications 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 filled in by typed text or manually printed in ink.

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 interlineation, alteration or erasure must be initialed, in ink, by the signer of the Bid Form.

5.1.5 All requested Bid Alternate Items shall be bid. If no change in the Base Bid is required, enter "No Change.”

5.1.6 The Bidder shall provide on Attachment No. 4 to the Bid Form, the names and license or certificate numbers of major subcontractors who will perform that portion of work which will be performed by subcontractors. A major subcontractor is one that is expected to perform more than 5% of the dollar amount of the bid or as listed on Attachment No. 4 to the bid form by the Engineer.

5.1.7 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.

5.1.8 In the event a Bid is submitted by two 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. The joint venture and all legal entities comprising the joint venture shall be jointly and severally liable and shall be required to submit and sign the Bid Form, execute the Bid Bond as listed Principals, and, if awarded the Contract, shall be required to execute the Contract and Public Construction Bond as listed Principals and provide insurance evidencing the joint venture and all legal entities as the insured.

5.1.9 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

PBCWUD PROJECT NO: 21-011 INSTRUCTIONS TO BIDDERS - 11 Rev 08-31-22 corporation that has submitted a subbid to a Bidder is not, however, disqualified from submitting a subbid or quoting prices to other Bidders or submitting a prime Bid.

5.1.10 The following forms,…