Form Revised 10/18/21 Qualification Application Annual Contract Non-Federal

Palm Beach County

Capital Improvements Division

QUALIFICATION APPLICATION

ANNUAL CONTRACT FOR

ASPHALT, PAVERS & PATHWAY

CONSTRUCTION SERVICES

PROJECT # 2023-012648

PALM BEACH COUNTY

CAPITAL IMPROVEMENTS DIVISION

CHECKLIST FOR QUALIFICATION APPLICATION

(ASPHALT, PAVERS & PATHWAY)

1. RETURN THE FOLLOWING FORMS WITH COMPLETED APPLICATION:

Authorization Applicant Profile

Construction Experience Licenses

Work History Certification of Business Location

Living Wage Certification Application Certification

2. EXPERIENCE

The firm must have a minimum of 5 years relevant business experience.

The firm successfully completed a minimum of $150,000 asphalt, paving and pathway construction projects completed per year for each of the previous 3 years.

The firm has included an itemization of this work on the Qualification Application question #23.

3. LITIGATION

The firm and its owners/officers must not be involved in current or pending litigation that is likely to have a material negative impact on their ability to perform any work awarded under an Annual

Contract.

The firm has not displayed an undesirable pattern of construction related litigation with project owners.

3. FINANCIAL

The firm must have adequate financial stability and resources to execute the work that may be awarded under the Annual Contract.

4. LICENSURE AND CERTIFICATION

The firm must possess a valid certified or registered building contractor’s license, a valid certified or registered general contractor’s license (CGC), or a specialty Contractor’s certification for a minimum of 5 years in Florida.

The firm, if a Palm Beach County certified S/M/WBE, must provide a copy of its current, valid Palm

Beach County S/M/WBE Certification.

USEFUL LINKS/NOTES:

Vendors interested in submitting responsive bids for open projects must do the following:

1. Attend pre-bid meeting, if required and

2. Submit Qualification Application at least 10 calendar days before bid due date.

https://www.pbcgov.org/pbcvendors https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://www.pbcgov.org/pbcvendors

TABLE OF CONTENTS

ANNUAL ASPHALT, PAVERS & PATHWAY

CONSTRUCTION SERVICES CONTRACT

PROJECT #:2023-012648

1. ADVERTISEMENT FOR QUALIFICATION

2. GENERAL INFORMATION

3. MINIMUM CRITERIA

4. QUALIFICATION APPLICATION

5. INSTRUCTIONS TO BIDDERS

6. SAMPLE FORMS:

a. Annual Contract

b. Advertisement for Bid/Quote under Annual Contract

c. Invitation for Bid/Quote – Annual Contract

d. Bid Bond (or Intent to Participate in Bond Waiver Program Bid Affidavit)

e. Work Order

f. Public Construction Bond

g. Form of Guarantee

h. Living Wage Notice for Posting

i. General Conditions

ADVERTISEMENT FOR QUALIFICATION FOR

ANNUAL CONTRACT FOR ASPHALT, PAVERS & PATHWAY

CONSTRUCTION

NOTICE TO INTERESTED CONTRACTORS

Sealed packages, consisting of the Qualification Documents for an Annual Contract for Asphalt, Pavers and Pathway Construction Services, will be received by the Board of County Commissioners, Palm

Beach County, Florida, until 2:00 P.M. on March 9, 2023 at Palm Beach County Facilities

Development and Operations Department Capital Improvement Division at 2633 Vista Parkway, West

Palm Beach, Florida. The Qualification Documents received by this time will be opened in accordance with this Notice and the instructions in the Qualifications Documents at 2:00 P.M. at the above address.

OPEN QUALIFICATION

It is the current intention of the Board to establish a list of Qualified Contractors under this Annual

Contract, but additional Qualified Contractors may be added by the County at any time and contractors may submit a Qualifications Application package at any time during the term of this Annual Contract. A contractor must be determined to be qualified by the County in order to submit quotes/bids for future

Work Orders covered by this Annual Contract.

GENERAL DESCRIPTION OF THE WORK

The Qualification will be for an Annual Contract to provide the following services to the County on an as needed basis: Asphalt, Pavers and Pathway Construction Services.

GENERAL TERMS

The specific magnitude of the Work will be determined by individual Work Orders issued by Palm

Beach County against this Annual Contract. It is anticipated that Work Orders will be generally less than

$100,000 each, but may be larger. This Annual Contract may be awarded for up to five (5) years with an initial not-to-exceed cumulative amount of $3,000,000.

All conditions and requirements for submission, consideration, and award including S/M/WBE requirements and bonding requirements are contained in the Contract Documents. The Contract

Documents including the Qualification Application and Instructions will be available beginning on the following date January 27, 2023 and may be downloaded from the County’s on-line Vendor Self-

Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. Or, the

Contract Documents including the Qualification Application may be obtained by sending an email with the Project # in the subject line to: FDO-CID-Bids@pbcgov.org or call (561)233-0261.

LICENSES

At the time of submission of the Qualification Application package, the contractor must possess all professional licenses or certifications required by the State of Florida and/or Palm Beach County, as applicable, for performing the following specified services: Asphalt, Pavers and Pathway Construction

Services.

mailto:FDO-CID-Bids@pbcgov.org

BONDING REQUIREMENTS

Qualification packages must be submitted on the forms provided by Palm Beach County. No Bid

Security or Public Construction Bond is required with the Qualification Package. The Invitation for

Quote/Bid for each Work Order will describe the bonding requirements for each project to be awarded under this Annual Contract.

NON-MANDATORY CONFERENCE

Contractors are invited to attend a non-mandatory WebEx conference to be held on February 15, 2023 at

2:30 P.M. WebEx Meeting Number (Access code): 2302 553 5829

Meeting Password: Asphalt Join by Phone: 1-844-621-3956 United States Toll Free

Attendance at this conference is strongly recommended and encouraged.

ATTEST:

JOSEPH ABRUZZO, CLERK & BOARD OF COUNTY COMMISSIONERS

CONTROLLER PALM BEACH COUNTY, FLORIDA

PUBLISH: Palm Beach Post

Sunday: January 29, 2023

Sunday: February 5, 2023

GENERAL INFORMATION

Location of Work. The Capital Improvements Division of Palm Beach County is responsible for the procurement of construction services for the use by the County and its independent agencies. This

Qualification Package is for asphalt, paving and pathway new or repair services to furnish all materials, labor, supervision, equipment, supplies, fees, expertise, and services on an as needed basis for various locations throughout the County.

Type of Work. The County is qualifying contractors for an Annual Contract for asphalt, paving and pathway services throughout the County. Projects will generally be $100,000 or less but may be larger.

Work will include, but not be limited to, furnishing all labor, equipment devices, tools, materials, transportation, services, supervision, drawings, permitting and miscellaneous requirements to accomplish the work for buildings throughout Palm Beach County, and reasonably incidental to, the completion of the service for buildings throughout Palm Beach County. Qualification is required in order to bid for projects under this Annual Contract.

Sample Contract Documents. Attached to this Qualification Application is a sample of the County’s standard bidding package, specifications, and contract documents that will be used to bid and award the projects under this Annual Contract. These sample contract documents are only for informational purposes at this time and are not to be returned with the Qualification Application.

Qualification Application. Completion of this Qualification Application will give your company the opportunity to qualify with Palm Beach County for an Annual Contract. However, completing this

Qualification Application does not guarantee your company will receive an Annual Contract from the

County, nor does it imply that your company has any type of procurement/contractual relationship with the County now or in the future.

Application must be Complete. This Qualification Application must be completed without reference to any previous application or statement. All sections of the application must be completed. If any of the requested information does not apply, it must be indicated as “NONE” or “N.A.” as applicable.

Time for Review. The County will act upon your Qualification Application within 20 business days from the date it is received. In the event the County finds your application to be incomplete or does not contain the information requested for processing, the County will require that you provide the necessary or missing information in writing. If the requested information is not furnished within 10 days of the written request, the application will be rejected.

Acceptance/Rejection of Qualification Application. The County reserves the right to accept or reject any or all of the Qualification Applications it receives. The County also reserves the right to (1) waive any non-substantive irregularities and technicalities; (2) reject the Qualification Application of any contractor who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by the County or other governmental entity, or who is not in a position to perform properly under this award; and (3) verify or investigate all information supplied by the contractor on its Qualification Application in order to make a determination of its ability to perform.

After Qualification. If your firm is determined to be qualified, you will be contacted by the

Capital Improvements Division and asked to complete the next steps necessary for the award of an

Annual Contract. If you are determined to be qualified, you will receive a letter notifying you that you have qualified for an Annual Contract with the County and enclosing the Contact Documents that you must sign and return to the County along with your certificates of insurance. Once you have returned the executed Contract Documents, the Board of County Commissioners must approve and execute the

Contract Documents. The specific magnitude of the work to be issued under the Annual Contract will be determined by individual Work Orders issued by Palm Beach County under the Annual Contract. It is anticipated that Work Orders will be generally less than $100,000 each but may be larger. The Annual

Contract will be awarded for five (5) years with an initial not-to-exceed cumulative amount of less than

$3,000,000. The Affirmative Procurement Initiatives (APIs) under the County’s Equal Business

Opportunity Program that apply to the Work Orders awarded under this Contract are attached to the sample Instructions to Bidders. It is the current intention of the Board to establish a list of Qualified

Contractors under the Annual Contract, but additional Qualified Contractors may be added by the County at any time and contractors may submit a Qualifications Application package at any time. A contractor must be determined to be qualified by the County in order to submit quotes/bids for future Work Orders covered by this Annual Contract.

Questions regarding this Qualification Application package must be emailed to FDO-CID-

Bids@pbcgov.org. Only questions received in writing will be answered.

The completed application should be submitted to:

Palm Beach County

Facilities Development and Operations

Capital Improvements Division

2633 Vista Parkway

West Palm Beach, FL 33411-5604

MINIMUM CRITERIA TO BE USED BY COUNTY IN QUALIFYING CONTRACTORS FOR

ANNUAL CONTRACT – ASPHALT, PAVERS & PATHWAY

1. EXPERIENCE

The firm must have a minimum of 5 years relevant business experience.

The firm must have successfully completed construction projects meeting the following requirement:

A minimum of $150,000 asphalt, pavers & pathway projects completed per year for each of the past three years. An itemization of this work is to be shown on the Qualification Application question

23, Work History.

2. LITIGATION

The firm and its owners/officers must:

A. Not be involved in current or pending litigation that is likely to have a material negative impact on their ability to perform any work awarded under an Annual Contract.

B. Not display an undesirable pattern of construction related litigation with project Owners.

3. FINANCIAL

The firm must have adequate financial stability and resources to execute the work that may be awarded under the Annual Contract.

4. LICENSURE AND CERTIFICATION

The firm must possess a valid certified or registered building contractor’s license, a valid certified or registered general contractor’s license (CGC), or a specialty Contractor’s certification for a minimum of 5 years in Florida.

The firm, if a Palm Beach County certified S/M/WBE, should provide a copy of its current, valid

Palm Beach County S/M/WBE Certification.

5. MISCELLANEOUS

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

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

Commercial Non-Discrimination. The Contractor represents and warrants that it will comply with the Count y’s Commercial Nondiscrimination Policy as described in

Resolution 2017-1770 as amended. As part of such compliance, the Contractor 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 Contractor retaliate against any person for reporting instances of such discrimination. The Contractor 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 Contractor 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 Contractor 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.

Living Wage. The Firm must comply the Palm Beach County Living Wage Ordinance.

ANNUAL CONTRACT – ASPHALT, PAVERS & PATHWAY

AUTHORIZATION

The undersigned hereby authorizes and requests any person, firm or corporation to furnish any and all information requested by Palm Beach County, which the County deems necessary to verify the statements made in this application or regarding the past performance of the applicant.

Name of Organization

By:

Officer’s Signature

Print Name and Title

Date

APPLICANT PROFILE

BEFORE COMPLETING THIS FORM, READ

EACH QUESTION CAREFULLY AND ANSWER COMPLETELY

(This application must be plainly filled in with ink or typewritten)

CONTRACTOR QUALIFICATION APPLICATION

General Information: ______________________________________________________________________

Entity Name:

Entity Address:

Contact Name/ Title/ Phone/ Email:

Entity Classification:

Corporation (If Corporation, State of incorporation , Date of Incorporation )

Partnership ( General Limited; State where formed , Date formed )

LLC (State where formed , date formed )

Joint Venture

Sole Proprietorship

Other: (please explain: _)

Federal Employer Identification Number (FEIN):

Dunn & Bradstreet Number:

All Applicants must answer the following questions:

1. If your organization is a subsidiary of another business entity, state name of parent company:

2. Is your organization registered to do business in the State of Florida? Yes No

If yes to the above, as of what date?

3. How many years has your organization been operating under your present name:

4. List all previous names of your organization:

5. Within the last 5 years, has your firm changed its name, had a substantial (50% or more) change in ownership or had a substantial (50% or more) change in management? Yes No. If yes, explain in detail the reasons for the change of name, substantial change in ownership or substantial change in management (attach additional sheets if necessary): _____________________________________________________________________________

6. How many years’ experience has your organization had as a Prime Contractor?

7. List the following for all owners, partners, members, officers and directors of your organization:

NAME PERCENT

OWNED

ADDRESS

8. List the following for all partnerships, companies, LLCs and/or corporations in which your organization has at least a 10% ownership interest:

NAME PERCENT

OWNED

ADDRESS

Florida Statue 337.165(1)(a) defines the term “affiliate” as follows: The term “affiliate” means a predecessor or successor of a contractor under the same, or substantially the same, control or a group of business entities which are connected or associated so that the entity controls or has the power to control each of the other business entities. The term “affiliate” includes the officers, entity of a controlling interest in another business entity or a pooling of equipment or income among business entities shall establish factual evidence that one business entity is an affiliate of another.

PLEASE COMPLETE QUESTIONS 9, 10, 11 USING THE ABOVE DEFINITION OF

“AFFILIATE”.

9. List the following for all affiliated entities (include companies listed in questions 7 and 8 above as well as any additional companies that may be affiliates):

NAME ADDRESS Explain in detail your connection with this entity

10. Has i) your organization, ii) an affiliate of your organization or iii) an officer, director, agent, employee or member of your organization or that of an affiliate, ever been indicted, had criminal information filed against it, pled guilty, pled no contest, or been convicted of any act prohibited by state or federal criminal law that involves, fraud, bribery, collusion, conspiracy, violation of state or federal antitrust laws or material misrepresentation committed in any federal or state jurisdiction with respect to any public contract?

___Yes ___No. If yes, please explain in detail (attach additional sheets if necessary):

11. Please state whether your organization or an affiliate of your organization are presently or have ever been barred or suspended from bidding or contracting on ay public contracts? ___Yes ___No. If yes, please explain in detail:_________________________________________________________________________________

12. Within the past 10 years, has your firm failed to successfully complete any work awarded to you?

___Yes ___No. If yes, please explain in detail:

13. Has any owner, officer or director of your organization ever been an owner, officer or director of some other business that has failed to complete a contract? ___Yes ___No. If Yes, explain in detail:

14. Has your firm or any owner, officer or director of your firm ever filed for protection of the bankruptcy court, have pending any petition in bankruptcy or made an assignment for the benefit of creditors?

___Yes ___No. If yes, please explain in detail:

15. Has your firm provided services to Palm Beach County within the last 12 months? ___Yes ___No.

If yes, please list the total revenue paid to your company from Palm Bach County in the last 12 months:

16. Please list the total number of full time, regular employees in your company? _______. If this number has changed in the past 2 years, please explain:

17. Has your organization ever filed suit against a project owner? ___Yes ___No. If yes, please attach additional sheets to include:

Description of each action

Amount in issue

Amount you recovered, if any

Caption/Title of the litigation or arbitration

Name of the project owner including address and phone

18. Has a project owner ever withheld liquidated damages for failure to complete a contract on time?

___Yes ___ No. If yes, please explain:_________________________________________________________

19. Has a project owner ever disbarred, non-renewed (voluntarily or by owner) or terminated early for safety, quality or service issues or schedule issues over the last 5 years? ___Yes ___No. If yes, explain in detail

(failure to disclose will result in applicant being disqualified):

19A. Within the last 10 years, has your firm ever had a contract terminated for default or had an owner call in the

Surety under a performance bond to complete a project? ___Yes ___No. If Yes, explain in detail:

20. CONSTRUCTION EXPERIENCE

What is the construction experience of the principal supervisory personnel of your organization?

(Include from superintendent level and up.)

INDIVIDUAL’S

NAME

PRESENT

POSITION OR

OFFICE

TYPE OF WORK

PERFORMED

YEARS OF

EXPERIENCE

IN WHAT

CAPACITY

21. LICENSES

Attach copies of all local, state, and federal licenses that your organization holds.

If your firm is a Palm Beach County certified S/M/WBE, attach a copy of your current, valid Palm Beach County S/M/WBE Certification

22. CURRENT PROJECTS

PROJECT, OWNER, AND LOCATION OF

CURRENT PROJECTS AS PRIME

CONTRACTOR

CONTRACT

AMOUNT AS

PRIME

CONTRACTOR

AMOUNT

SUBCONTRACTED TO

OTHERS

23. WORK HISTORY

The objective of the work history is to help the County understand your business and expertise and to satisfy the experience requirements listed in the minimum criteria. List contracts for construction that your organization has completed in the past three (3) years showing a minimum of $150,000.00 per year.

GENERAL DESCRIPTION OF WORK

PERFORMED AS PRIME CONTRACTOR

VALUE OF WORK

PERFORMED

DATE COMPLETED

NAME AND ADDRESS OF

PROJECT OWNER

PHONE NUMBER OF

PROJECT OWNER

24. CERTIFICATION OF BUSINESS LOCATION

In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) respondents having a permanent place of business in Palm Beach County (“County”) or (2) respondents having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the

Glades. To receive a local preference, respondents must have a permanent place of business within the County or the

Glades, as applicable, prior to the County’s issuance of the solicitation. A Business Tax Receipt which is issued by the

Palm Beach County Tax Collector, authorizes the respondent to provide the goods/services being solicited by the

County, and will be used to verify that the respondent had a permanent place of business prior to the issuance of the solicitation. The respondent must submit this Certification of Business Location (“Certification”) along with the required Business Tax Receipt at the time of bid or quote or proposal submission. The Business Tax Receipt and this

Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the respondent to not receive a local preference.

In instances where the respondent is exempt by law from the requirement of obtaining a Business Tax Receipt, the respondent must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the respondent had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said respondent for additional information related to this requirement after the bid/quote/proposal due date.

I. Respondent is a:

__________ Local Business: A local business has a permanent place of business in Palm Beach County.

(Please indicate):

________ Headquarters located in Palm Beach County

________ Permanent office or other site located in Palm

Beach County from which a vendor will produce a substantial portion of the goods or services.

__________ Glades Business: A Glades business has a permanent place of business in the Glades.

(Please indicate):

________ Headquarters located in the Glades

________ Permanent office or other site located in the

Glades from which a vendor will produce a substantial portion of the goods or services.

II. The attached copy of respondent’s Palm Beach County Business Tax Receipt verifies respondent’s permanent place of business in Palm Beach County.

THIS CERTIFICATION is submitted by ______________, as

(Name of Individual)

, of

(Title/Position) (Firm Name of Respondent) who hereby certifies that the information stated above is true and correct and that the Palm Beach County

Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the Respondent on this Certification is considered an unethical business practice and is grounds for sanctions against future County business with the Respondent.

(Signature) (Date)

25. LIVING WAGE CERTIFICATION

In accordance with the Palm Beach County Living Wage Ordinance, the undersigned does hereby declare that it will and its subcontractors will pay each employee a living wage.

Contract Name: Annual Contract – Asphalt, Pavers & Pathway Construction Services

Contract Number:

Contractor:

Contractor Address:

Contractor Phone Number:

Statement of wage levels for Contractor’s employees:

“All employees are compensated at a rate that meets or exceeds the Palm Beach County Living Wage Ordinance.”

(Signatory)

(Signatory Name Printed)

(Title)

(Date)

APPLICATION CERTIFICATION

I, the undersigned authority, hereby certify that the information submitted on this Application, including any attachment hereto, is true and accurate to the best of my knowledge and belief under perjury of law.

(Print)

(Signature)

(Title)

(Date)

STATE OF FLORIDA COUNTY OF PALM BEACH

The foregoing instrument was acknowledged before me by means of _____ physical presence OR ____ online notarization this _______ day of , 20 , by , who is personally known to me or who has produced

_________________________as identification and who did not take an oath.

Notary Public

Project Name:

Project No.

Form Revised 10/14/21 Annual Contract (Non-Federal)

ANNUAL CONTRACT

THIS CONTRACT is made and entered into on ______________, by and between PALM

BEACH COUNTY, a political subdivision of the State of Florida, by and through its Board of

County Commissioners, hereinafter referred to as the "County" or “Owner” and

______________________, a _______________, whose Federal Tax ID# is

___________________, hereinafter referred to as the "Contractor".

WITNESSETH:

That the said Contractor having qualified to bid work associated with:

ANNUAL CONTRACT –

PROJECT NO.

And in accordance with the Contract Documents and for the promises and mutual consideration specified herein, the Contractor hereby covenants and agrees: 1) to undertake and execute all of the Work awarded hereunder in a good and workmanlike manner; 2) to furnish and pay for all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to fully complete all Work in accordance with all requirements of the Contract Documents and in accordance with all applicable laws, ordinances, codes and governing regulations; and 3) to complete all Work within the time limit specified in each Work Order.

The parties agree that the Contract Documents consist of the following documents that are incorporated herein by reference:

The Qualification Application;

The Contract and any amendments thereto;

General Conditions to the Contract;

Work Orders, Notices to Proceed and any Change Orders thereto;

Special Conditions, if any, for each Work Order;

Instructions to Bidders

Invitation for Quote/Bid and any Addenda thereto, Completed Quotation Form and

Attachments, and Bid Bond (when required) for each Work Order;

Public Construction Bond and Form of Guarantee (when required) for each Work Order;

and

Technical Specifications, Addenda, Drawings/Plans and any revisions thereto for each

Work Order.

EBO Schedules for each Work Order

The Contractor acknowledges that the Work described in the Contract Documents will be authorized by individual Work Orders under this Annual Contract and no minimum number or dollar value of Work Orders is promised under this Annual Contract. The Contractor agrees to perform each Work Order issued by the County hereunder for the compensation to be established in each Work Order. Each Work Order will also establish the time for completion. The prices named in the individual Work Orders are for a complete project and all expenses, direct or indirect, connected with the proper execution of the Work and of maintaining the same until the project is accepted by the Board of County Commissioners. It is understood that the Contractor holds and will maintain current appropriate registration, certification, licenses and insurance for performing the specified Work pursuant to this Annual Contract. The time limit for the Substantial Completion of each Work Order issued under this Annual Contract will be the time that is established and

SAM

PLE

stated in the Notice to Proceed for each Work Order.

The contract term will commence upon the approval and execution of this Contract by both parties and continue for a period of five (5) years, and additionally it will continue until completion of all phases of the Work for each project awarded under this Contract, unless otherwise terminated as provided for in the Contract. This Contract may be executed in counterparts, each of which will be deemed to be an original, but all of which, taken together, will constitute one and the same contract.

THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY

IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida, has made and executed this Contract on behalf of the said County; and an authorized official of the Contractor has made and executed this Contract on behalf of the Contractor. The Contractor represents that it is authorized to execute this Contract on behalf of itself and its Surety.

JOSEPH ABRUZZO, Clerk & Comptroller

Deputy Clerk

APPROVED AS TO LEGAL

SUFFICIENCY

Assistant County Attorney

WITNESS:

Signature

Name Printed

PALM BEACH COUNTY, FLORIDA, a

Political Subdivision of the State of Florida

BOARD OF COUNTY COMMISSIONERS,

Mayor

APPROVED AS TO TERMS AND

CONDITIONS

Director

Facilities Development & Operations

Department

CONTRACTOR:

Corporate Name

By:__________________________________

Signature of Officer

Print Name

Its:___________________________________

Title

JOSEPH ABRUZZO, CLERK & BOARD OF COUNTY COMMISSIONERS

COMPTROLLER PALM BEACH COUNTY, FLORIDA

PUBLISH: Palm Beach Post

Sunday:

Sunday:

and/or drawings may only be obtained by contacting FDO-CID-Bids@pbcgov.org or calling (561)

233-0261.

Mandatory Pre-Bid Conference. Bidders are required to attend a Mandatory Pre-Bid Meeting to be held on ____________, at ___________ A.M. at the following location:

___________________________________. The purpose of this pre-bid meeting will be to review the requirements for the project. You must attend this meeting if you intend to bid this work.

[OR alternative language for non-mandatory pre-bid]

Non-Mandatory Pre-Bid Conference. Bidders are invited to attend a non-mandatory pre-bid conference to be held on ____________, at___________ A.M. at the following location:

________________________. A site visit will be scheduled at the conclusion of this conference.

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

Qualification of Contractors. Qualification is required in order to bid for projects under this Annual

Contract. A contractor may obtain a Qualification Application for this Annual Contract by sending an email with the Project # in the subject line to: FDO-CID-Bids@pbcgov.org or call (561) 233-0261.

Qualification applications may also be downloaded from the County’s on-line Vendor Self-

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

The contractor must submit the Qualification Application at least 10 days before the Quote/Bid Due

Date in order for its quote/bid to be considered.

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

Form Rev. 10/18/21 Advertisement for Quote/Bid Annual Contract – Non-Federal

ADVERTISEMENT FOR QUOTE/BID UNDER ANNUAL CONTRACT

Receipt of Sealed Quotes/Bids. Sealed Quotes/Bids under the County’s Annual Contract for____________ will be received by the Board of County Commissioners, Palm Beach County, Florida,until 2:00 P.M. on

_________, (“Quote/Bid Due Date”) at Palm Beach County Facilities Development and Operations

Department, Capital Improvements Division at 2633 Vista Parkway, West Palm Beach, Florida.

The Quotes/Bids received by this time will be opened on ____________ at 2:00 p.m. at a public meeting at the above address. Only quotes/bids received from qualified contractors will be considered.

Annual Contract – Project Number:

Architect/Engineer of Record:

General Description of the Project. The Work consists of: ____________________________________

Invitation for Quote/Bid. All conditions and requirements for Quote/Bid submission, consideration, and award including S/M/WBE requirements and bonding requirements are contained in the Invitation for

Quote/Bid which will be available beginning ____________, and may be obtained by sending an email with the Project # in the subject line to: FDO-CID-Bids@pbcgov.org or call (561) 233-0261. Or, the

Invitation for Quote/Bid (except for confidential building plans and/or drawings) may be downloaded from the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. Confidential building plans mailto:FDO-CID-Bids@pbcgov.org https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService mailto:FDO-CID-Bids@pbcgov.org mailto:FDO-CID-Bids@pbcgov.org https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

INVITATION FOR QUOTE/BID

ANNUAL CONTRACT

DATE:

SENT TO:

SENT FROM: Capital Improvements Division

SENDER: _________________________________

PHONE: 561-233-0283

PROJECT NAME: *****************

PROJECT NUMBER: **************

Mandatory Pre-Bid Conference. There will be a Mandatory Pre-Bid Meeting at __________________, located at XXXXXXXXXXXXXX at XXXXXX on XXXXXXXXXXXX. The purpose of this pre-bid meeting will be to review the requirements for the project described in this Invitation for Quote/Bid. The

OR

Non-Mandatory Pre-Bid Conference. Bidders are invited to attend a non-mandatory pre-bid conference to be held on ____________, at___________ A.M. located at ___________________. The purpose of this pre-bid meeting will be to review the requirements for the project described in this Invitation for Quote/Bid.

Form Rev. 10/18/21 Invitation for Quote/Bid - NonFederal

XXXXXXX

Qualified Contractors

On the Annual Contract -work is to be done under the terms and conditions of Palm Beach County’s Annual Contract -as supplemented by this Invitation for Quote/Bid. You must attend this meeting if you intend to bid this work.

The work is to be done under the terms and conditions of Palm Beach County’s Annual Contract -___________ as supplemented by this Invitation for Quote/Bid. Attendance at this pre-bid conference is recommended and encouraged.

Questions must be e-mailed to FDO-CID-Bids@pbcgov.org at least seven (7) calendar days prior to the bid due date. Only questions received in writing will be responded to regarding this Invitation for Quote/Bid.

Submitting the Quote/Bid Package

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

Project Name:

Project Number:

Capital Improvements Division

2633 Vista Parkway

West Palm Beach, Florida 33411

Attention: Bid Submissions

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

PROJECT NAME: **********************

PROJECT NO.: **************

*DUE: XXXXXXXXXXXXXXXXXXXXXXX

* The Quotes/Bids received by this time will be opened at this time at a public meeting at the below address.

RETURN TO: Capital Improvements Division

2633 Vista Parkway

West Palm Beach, FL 33411 email with the Project # in the subject line to: FDO-CID-Bids@pbcgov.org or call (561) 233-

0261. Qualification applications may also be downloaded from the County’s on-line Vendor

Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. The contractor must submit the Qualification

Application at least 10 days before the Quote/Bid Due Date in order for its quote/bid to be considered.

Qualification of Contractors. In order to submit a quote/bid in response to this IFQ/B, a contractor must be qualified under the Annual Contract - . A contractor may obtain a

Qualification Application for this Annual Contract by sending an mailto:FDO-CID-Bids@pbcgov.org https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

3. LIQUIDATED DAMAGES. Liquidated Damages are $__ /day for failure to achieve certification of Substantial Completion within the Work Order time or approved extension thereof.

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

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

Contract as follows:

Bid Security. If Bid is $200,000 or over, this Bid shall be accompanied by a Bid Security (in the form of, at Bidder's option, cashier's check, certified check, money order or Bid Bond in favor of the County) in the amount of at least five percent (5%) of the bid price, see Section 5.2.2 of the

Instructions to Bidders of the Annual Contract for detailed requirements regarding Bid Security.

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

$200,000 or over), then prior to execution of a Work Order, and not later than fourteen (14) calendar days after notification from Owner, the successful Bidder shall furnish a Public

Construction Bond in the amount of 100% of the Work Order and Guarantee, see Section 5.2.3 of the Instructions to Bidders of the Annual Contract for detailed requirements regarding the Public

Construction Bond and Guarantee.

5. Equal Business Opportunity Program. Section 5.3 of the Instruction to Bidders of the Annual Contract sets out the requirements of the County’s Equal Business Opportunity Program. All Bidders are required to submit with their bid the appropriate EBO Program schedules. EBO Schedules to be submitted with the quote/bid are as follows:

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

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

[If Liquidated Damages are to apply to this Project include the following Liquidated Damages paragraph

(note to Project Manager – If LDs are to apply LD Calculation Memo must be in the Project file or if LDs do not apply LD Exception Memo must be in the Project File. See PPM# FDO-012)]

Form Rev. 10/18/21 Invitation for Quote/Bid - NonFederal

1. SCOPE OF WORK: This Quote/Bid is to furnish all material, labor, supervision, permits and supplies necessary and reasonably incidental to XXXXXXXXXXXXXXXXXX per the specifications provided by

Capital Improvements Division in the Invitation for Quote/Bid at Attachment “C” and/or available at the pre-bid meeting held on XXXXXXXXXXXXXXX. Work is to be done under the terms and conditions of Palm Beach County’s Annual Contract -, and pursuant to the conditions of the Work Order, both of which are incorporated into the Contract Documents by reference.

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

Schedule 2 is a binding agreement between the prime contractor and the subcontractor and should be treated as such.

Attachment “A” identifies the affirmative procurement initiatives (APIs) applicable to this Invitation for Quote/Bid.

If Bidder is unable to comply with the API requirements (Attachment “A” hereto), such Bidder shall submit a request for a waiver or partial waiver at least (7) days prior to the quote/bid due date If

Bidder requests a waiver from an API from the Office of EBO at least 7 days prior to the quote/bid due date, then the quote/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.

6. Failure to Provide the Required Documents after Notification of Award. If after Notification of award from the County, the successful Bidder does not provide within 14 Days of Notification the signed

Work Order, the Public Construction Bond and Guarantee (when required), and the required certificates of insurance, the County may: 1. Call in the bid security when provided; 2. Cancel the notification of recommended award and award the project to the next responsive, responsible low bidder; 3. Terminate this Annual Contract for cause; 4. Suspend or debar the Bidder from bidding on future projects for a period of two (2) years, in accordance with the Palm Beach County Purchasing Ordinance; and/or 5. Pursue any and all remedies available against the Bidder for damages resulting from its failure to enter into a Work

Order and provide all required documents within 14 Days after notification.

7. CONTRACT AMENDMENTS. The Annual Contract is amended as follows: none.

BID FORM

PROJECT NUMBER: ________________

PROJECT NAME: ___________________

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

THE QUOTE/BID PACKAGE MUST CONTAIN:

a) This Quote/Bid Form completed and executed.

b) EBO Schedules 1 and 2 completed and executed.

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

d) Signed Addenda, if any issued

THE FOLLOWING MUST BE COMPLETED AND SIGNED BY CONTRACTOR

1. TOTAL QUOTE/BID AMOUNT $ ____________

Written amount ____________

2. Bidder commits to achieving the APIs applicable to this solicitation as designated on Attachment

A and as submitted on its EBO Schedules 1 and 2.

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

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

Bidder has considered all proposals submitted from qualified, potential Subcontractors and suppliers, and has not engaged in "discrimination" as defined in the County’s Commercial

Nondiscrimination Policy as set forth in Resolution 2017-1770 as amended, to wit: discrimination in the solicitation, selection or commercial treatment of any Subcontractor, vendor, supplier or commercial customer on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information, or on the basis of any otherwise unlawful use of characteristics regarding the vendor's, supplier's or commercial customer's employees or owners; provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the County’s relevant marketplace of Palm

Beach County. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision of the solicitation, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the County to reject the bid submitted by the Bidder for this Solicitation, and to terminate any contract awarded based on the response. As part of its bid, the Bidder shall provide to the County a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the Bidder discriminated against its Subcontractors, vendors, suppliers or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. As a condition of submitting a bid to the County, the Bidder agrees to

Form Rev. 10/18/21 Bid Form - NonFederal comply with the County’s Commercial Nondiscrimination Policy as described in Resolution 2017-

1770 as amended.

5. The Bidder shall be bound by the terms of its Bid for a period of one hundred twenty (120) calendar Days from the date of the bid opening and may not withdraw its Bid within that time period. If the County issues a Notification from Owner within the above 120-Day period, then the

Bidder will be bound by the Bid as submitted. If the County fails to issue a Notification from

Owner to the successful Bidder within the above identified 120-Day period, the successful bidder will not be required to honor its bid unless otherwise agreed to by both parties. County anticipates, but does not guarantee, the award of a Work Order and written notice to proceed within ninety (90) calendar Days of Notification from Owner, absent the filing of a timely bid protest.

6. It is agreed that the undersigned has received all addenda complete as issued by the County and that related costs are included in the bid submitted. The undersigned acknowledges receipt of said addenda as follows:

Addendum # dated Addendum# dated

Addendum # dated Addendum# dated

The undersigned has included the signed addenda, if issued, in its bid package.

7. The undersigned does hereby declare that the Bid covers all expenses of every kind incidental to the completion of said Work in accordance with the Contract Documents, including all claims that may arise through damages or other causes whatsoever. The undersigned does hereby declare that it shall make no claim on account of any variation from any estimate in the quantities of Work to be done, nor on account of any misunderstanding or misconception of the nature of the Work to be done or the grounds, subsurface conditions, or place where the Work is to be done.

QUOTE/BID PROVIDED BY:

Contractor Name

Date Signature

Print Name and Title

Quote/Bid Must Contain Original Signatures. No Copies or Emailed/Faxed Quotes/Bids Will

Be Accepted

Form Rev. 10/18/21 Bid Form - NonFederal

Form Rev. 10/18/21 Attachment A for Asphalt, Demolition, Electrical, Flooring, HVAC, Low Voltage, Painting and

Weatherproofing, Roofing

ATTACHMENT “A”

(for Asphalt, Demolition, Electrical, Flooring, HVAC, Low Voltage, Painting and Weatherproofing, Roofing)

AFFIRMATIVE PROCUREMENT INITIATIVES (APIs) FOR CONSTRUCTION

PROCUREMENT

The API(s) approved for this project are selected below by ☒. Fillable pdfs of all EBO forms can be found on the OEBO website at http://discover.pbcgov.org/oebo/Pages/Compliance-

Programs.aspx. Also, see the EBO Ordinance and Countywide PPM CW-O-043 for further information on APIs.

__X__ SBE Sheltered Market for Small Construction Contracts

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

__X__ SBE Price Preference For Single Trade Construction

The work orders under this contract shall be awarded to the lowest, responsive, responsible bidder unless a certified SBE’s bid is within ten percent (10%) of the lowest non-SBE bid, in which case the award shall be made to the certified SBE bidder. Construction contracts where there are no opportunities for subcontracting (i.e.

single trade), may include a provision requiring awards of the contract to be made to the lowest responsive, responsible respondent or bidder unless a certified SBE’s bid is within ten (10) percent of the lowest non-small business bid, in which case the award shall be made to the certified small business bidder submitting the lowest responsive, responsible bid at the price that it bid.

http://discover.pbcgov.org/oebo/Pages/Compliance-Programs.aspx http://discover.pbcgov.org/oebo/Pages/Compliance-Programs.aspx

IFQ/B ATTACHMENT B

Include Attachment B if bid is $200,000…