palm beach school 27-18H ITB_Final.pdf

1 Revised 12.15.2025

THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA

INVITATION TO BID (ITB)

ITB NO.: 27-18H

FOR

WELLINGTON COMMUNITY HIGH SCHOOL – PORTABLES DRAINAGE

IMPROVEMENTS

PROJECT NO.: 2191-2501

BID DUE DATE:

NOVEMBER 16, 2026, NO LATER THAN 2:00 P.M., ET

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

BidNet Direct @ www.bidnetdirect.com

The ITB document and all additional Project information published as part of the ITB document may be obtained at: BidNet Direct @ www.bidnetdirect.com. BidNet Direct will not allow offers to be submitted after the closing date and time.

2 Revised 12.15.2025

SECTION 00002

PROJECT NAME: WELLINGTON COMMUNITY HIGH SCHOOL – PORTABLES DRAINAGE

ITB NO.: 27-18H

PROJECT NO.: 2191-2501

TABLE OF CONTENTS

SECTION & TITLE PAGES

SECTION 00001 TITLE PAGE

SECTION 00002 TABLE OF CONTENTS

SECTION 00030 PROJECT NOTIFICATION .................................................................. 3-5

SECTION 00050 SBE NOTICE TO CONTRACTORS

SECTION 00100 INSTRUCTIONS TO BIDDERS ......................................................... .7-17

SECTION 00700 GENERAL CONDITIONS ................................................................ .18-24

SECTION 00850 SPECIAL CONDITIONS .................................................................. 25-41

SECTION 00510 OWNER-CONTRACTOR CONTRACT ............................................... 42-105

ADDITIONAL DOCUMENTATION NUMBER OF PAGES

REQUIRED RESPONSE FORMS

A BID SUMMARY

B BID BOND

C SBE SUBCONSULTANT/SUBCONTRACTOR PARTICIPATION

D DISCLOSURE OF DISCRIMINATION COMPLAINTS STATEMENT

ATTACHMENTS:

A DRUG FREE WORKPLACE CERTIFICATION

B BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT - PBSD 1997 .. 1

C STATEMENT OF NO BID

D DISTRICT PURCHASED MATERIALS (DPM) PROGRAM

E PERFORMANCE BOND (00610-PB) AND

LABOR AND MATERIAL PAYMENT BOND (00610-LMPB)

F SBE PARTICIPATION LETTER OF INTENT - PBSD 1525

G SBE PARTICIPATION SUMMARY - PBSD 1526

H FINAL RELEASE & VERIFICATION OF PAYMENT - PBSD 1621

I LIST OF SUBCONTRACTORS

J SCRUTINIZED COMPANIES LIST CERTIFICATION

K BYRD ANTI-LOBBYING AMENDMENT

3 Revised 12.15.2025

SECTION 00030

PROJECT NOTIFICATION

REQUEST FOR BIDS

The School Board of Palm Beach County, Florida invites Certified General Contractors or

Underground Utility Contractors prequalified by the School Board pursuant to SREF Chapter

4.1 prior to the Bid Due Date to submit a Bid. To be eligible, the vendor must be prequalified for bonding capacity in the amount of the advertised Construction Budget or evidence bonding capacity in that amount prior to the Bid due date. The School District of Palm Beach County, Florida, will receive (via BidNet Direct @ www.bidnetdirect.com) sealed Bids for:

PROJECT NAME: WELLINGTON COMMUNITY HIGH SCHOOL – PORTABLES DRAINAGE

PROJECT ADDRESS: 2101 GREENVIEW SHORES BLVD, WELLINGTON, FL 33414

ITB NO.: 27-18H

PROJECT NO.: 2191-2501

BIDS SHOULD BE BASED UPON THE FOLLOWING DESCRIPTION OF WORK:

The objective of this project is to implement storm drainage and infrastructure improvements at

Wellington High School along Greenview Shores Blvd. The work encompasses civil works, drainage modifications, utility verification/protection, and site restoration across the surveyed area.

The Contractor shall furnish all labor, materials, equipment, operators, surface preparation, testing, and supervision required to complete the site drainage improvements at the portables.

ADDITIONAL INFORMATION:

• Balance of Line: The “balance of line” shall include products and services that are not requested in this. Invitation to Bid, but are within the scope of products and services available from the awardee(s). The School District reserves the right to add these products and services to the awarded items. Additions shall be submitted as they occur. Deletions and discontinued items shall be reported by bid awarded vendor as they occur. Refer to

Additional Information Document.

• Materials: All materials should be based on the School District Specifications, which includes an approved equal.

• Damages: The Contractor shall be responsible for the repair or replacement, including but not limited to: all surfaces, building elements, fencing, utilities, onsite and offsite elements, sidewalks, grasses, plantings, irrigation, and hardscape disturbed by and/or damaged by construction activities.

• Fencing: If required, the Contractor will remove and/or modify chain link fencing, including adding gate(s), as needed for site access. Openings in the fence shall be secured at the end of each workday. Fencing is to be restored to equal or better condition upon completion of the work.

• Summer Work: All work during the summer can be completed during the day or night per the SPA/ School approval. The schedule will still have to be worked out with the school as summer activities will be happening on-site. During the school year, work can be performed after the school day is completed but the schedule will have to be coordinated with school staff as there are activities at night. Holidays and weekends can be day or night work however, the Contractor will still need to coordinate with school staff & SPA as activities are sometimes scheduled during these times.

• Applicable Codes: All work shall be performed in accordance with the Florida Building Code

2023 8th ed, District Master Specifications 2023, and the ANSI/AWWA C210‐84.

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• Cleanliness & Waste Disposal: Clean‐up and disposal of all debris generated during the

Project. Final inspection to ensure compliance with building codes, manufacturer specifications, and project requirements.

o Work areas must be kept clean and free from waste buildup on a daily basis.

o All debris, waste materials, and hazardous substances must be stored, transported, and disposed of off-site in full compliance with federal, state, and local regulations.

TIMELINE & SCHEDULES

• Total Project Duration: 5.5 months

• Pre-Construction Phase: 3 months

• Construction Phase: 8 weeks (Summer 2027: June 1 – July 24) Start to Substaintial

Completion

• Project Closeout Phase: 1 month (Final Completion)

ATTACHMENTS (Download from BidNet Direct)

• 2191-2501 Survey

• 2191-2501 Specifications 07-07-25

ESTABLISHED PROJECT BUDGET FOR CONSTRUCTION: $450,000.00

PROCUREMENT SCHEDULE

MANDATORY SITE INSPECTION: OCTOBER 27, 2026 at 9:00 A.M., ET

QUESTIONS DUE: NOVEMBER 2, 2026, NO LATER THAN 2:00 P.M., ET via BidNet Direct @ www.bidnetdirect.com

FINAL ADDENDUM ISSUED: NOVEMBER 2, 2026, via BidNet Direct @ www.bidnetdirect.com

BIDS DUE: NOVEMBER 16, 2026, NO LATER THAN 2:00 P.M., ET via BidNet Direct @ www.bidnetdirect.com

MANDATORY SITE INSPECTION

Each Bidder must attend a Mandatory Site Inspection at the project location to be eligible to submit a Bid. Site inspection will be held on OCTOBER 27, 2026 as scheduled:

WELLINGTON COMMUNITY HIGH SCHOOL

2101 GREENVIEW SHORES BLVD,

WELLINGTON, FL 33414

MEET IN FRONT OFFICE AND SIGN IN

DIRECTIONS: I-95 to Forest Hill Blvd. West to South Shore Blvd. Left. Continue to Greenview

Shores Blvd. Right.

USE OF DRONES: The use of drones is prohibited during the site visit. Following the Board award, the selected vendor may submit an official request to the Senior Project Administrator (SPA) for review and approval in accordance with District requirements.

BID GUARANTEE

Each Bid shall be accompanied by a Bid Guarantee in the amount of $22,500.00. The Guarantee shall be in the form of either a Bid Bond or Cashier’s Check payable to The School District of Palm

Beach County. All Bidders must be licensed pursuant to Chapter 489 Florida Statutes. The successful

Bidder will be required to furnish a 100% Performance Bond. No Bid may be withdrawn after the scheduled closing for receipt of Bids for a period of 60 days. The Board or its designee reserves the

5 Revised 12.15.2025 right to waive minor technicalities and irregularities in all Bids.

Further, in order to protect the integrity of the Award Process, all questions regarding this solicitation must be submitted via BidNet Direct @ www.bidnetdirect.com NO LATER

THAN 2:00 P.M., ET on NOVEMBER 16, 2026.

Only questions received via BidNet Direct @ www.bidnetdirect.com by the time and date specified will be answered by Addendum and posted on BidNet Direct. Branden Brown is authorized only to direct the attention of prospective Bidders to various portions of the ITB so that they may read and interpret such for themselves. Neither Branden Brown nor any employee of the District is authorized to interpret any portion of this ITB or give information as to the requirements of the ITB in addition to that contained in the written documents.

All questions submitted (along with their source) are subject to Public Records Laws and as such will be available for inspection upon receipt of a Public Records Request.

The ITB document and all additional Project information published as part of the ITB document may be obtained at: BidNet Direct @ www.bidnetdirect.com

SMALL BUSINESS ENTERPRISE (SBE) PREFERENCES

As specified by Board Policy 6.144, the School District of Palm Beach County shall apply preferences for Small Business Enterprises (SBE) in the District’s procurement process for the solicitation of

Construction Services Contracts.

In order to receive consideration for SBE preference the firm(s) to be utilized by the Bidder must be Certified by the District at the time the Bid is submitted.

For more information on the District’s SBE programs see School Board Policy 6.144 and the SBE

Procedures Manual. The Manual and Directory of Certified SBE firms can be found at:

https://www.palmbeachschools.org/departments/small-business-development.

BID PREFERENCE

A five percent (5%) Bid Preference has been established for this Project. This Bid Preference will be applied to Bids submitted by firms meeting the requirements for SBE and Certified as SMALL

BUSINESS ENTERPRISE (SBE) by the School District of Palm Beach County Office of Small

Business Development (OSBD). Following the Bid opening the OSBD will verify each Bidder that meets these requirements. The Contract will be Awarded to the responsive, responsible non-certified Bidder that submits the lowest Total Bid amount meeting the established Contract Goal for

SBE Participation unless the Total Bid amount submitted by a Bidder that is Certified as a State of

Florida or School District of Palm Beach County SBE does not exceed the lowest Total Bid amount submitted by a non-certified Bidder by an amount greater than $50,000 or five percent (5%) of the non-certified Bidder’s Total Bid amount, whichever is less. In instances where the difference in a Certified SBEs Total Bid amount is greater than $50,000 or five percent (5%), the lowest responsive, responsible non-certified Bidder will be Awarded the Contract and the Bid Preference shall be deemed waived. In the best interest of the District, the Board, or their designee, reserves the right to reject any and all Bids and to waive any irregularity in Bids received.

INDUSTRY SPECIFIC CLASSIFICATIONS

To ensure compliance with program guidelines and intent, Bidders will receive SBE preference ONLY if their SBE classification is consistent with, and meets the standards identified in the Industry Specific Classifications and thresholds contained in School

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Board Policy 6.144 and the Office of Small Business Development’ Procedures Manual.

THE INDUSTRY SPECIFIC CLASSIFICATION FOR THIS SOLICITATION IS:

• Construction Services - Small Business Enterprises Owned Firm

REVENUE/SALES SIZE STANDARDS FOR INDUSTRY SPECIFIC CLASSIFICATIONS

Any firm that has exceeded gross sales or revenues (averaged over the last three [3] years) greater than the amounts below shall not be considered eligible to participate in the School District’s SBE program.

• $13,000,000 for Construction Services

POSTING OF BID TABULATION / RECOMMENDATION OF AWARD

Recommendations and Tabulations will be posted electronically with BidNet Direct for review by interested parties, no later than November 19, 2026, and will remain posted for a period of 72 hours. If the ITB Tabulation with Recommended Awards is not posted by said date, a "Notice of

Delay of Posting" will be posted to inform all Proposers of the new posting date.

BY: Karen M. Brill, Board Chair ATTEST: Michael J. Burke, Superintendent

PUBLISH DATES: OCTOBER 5, OCTOBER 12, and OCTOBER 19, 2026

END OF SECTION

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PTE

SECTION 00050

NOTICE TO CONTRACTORS

SMALL BUSINESS ENTERPRISE (SBE)

A Small Business Enterprise (SBE) Contract Goal has been established for this Project. Only firms

Certified by the School Board of Palm Beach County are eligible for participation to satisfy the established Participation Requirement.

Bidders and Subconsultants seeking to qualify as a Small Business Enterprise (SBE) shall be certified by the School Board of Palm Beach County, prior to the Bid Due Date Specified in Section 00030 of this Invitation to Bid.

CERTIFICATION APPLICATION INSTRUCTIONS

Firms seeking to apply for certification with the School Board of Palm Beach County shall submit the School Board of Palm Beach County application. The application must be approved by the School

Board of Palm Beach County Office of Small Business Development will review the Certification

Database to ensure SBEs are Certified with the District at the time the Bid is submitted. Vendors do not have to submit their Certification Certificate.

IMPORTANT POINTS TO REMEMBER

1) The application must be submitted complete with all required supporting documentation and the firm must allow sufficient time for the application to be processed prior to the Proposal

Due Date. The application may take up to 60 days after receipt of the completed application for processing.

2) Please contact the Office of Small Business Development for the application or information on certification at https://www.palmbeachschools.org/departments/small-business-development, or by phone at (561) 681-2403 or write:

THE SCHOOL BOARD OF PALM BEACH COUNTY

Office of Small Business Development

3300 Summit Boulevard

West Palm Beach, Florida 33406

3) Complete the online School District SBE application.

(https://www.palmbeachschools.org/departments/small-business-development)

4) Complete the SBE Affidavit.

8 Revised 12.15.2025

SECTION 00100

INSTRUCTIONS TO BIDDERS

ARTICLE 1

1.1 BIDDER’S REPRESENTATION

1.1.1 Each Bidder, by submitting a Bid, represents that they have read, understand and agree to this Invitation to Bid and have familiarized themselves with the local conditions under which the Work is to be performed. The Bidder is assumed to be familiar with all Federal, State and Local Laws, Ordinances, Rules and Regulations, that in any manner affect the Work. Public Contracting and Purchasing Process Florida

Statutes, Sections 235.01 et seq. 287.132-.133 (Public Entity Crimes) is applicable and

Florida Department of Education, Office of Educational Facilities, Florida Building Code

(FBC). Ignorance on the part of the Bidder will in no way relieve them from responsibility.

1.1.2 The Bidder meeting the Specifications, Terms and Conditions of this Invitation to Bid and being designated as having submitted a responsive Bid shall be authorized by the

Florida Department of State, a Florida licensed Contractor, and licensed to perform services in the City of their domicile and in Palm Beach County.

1.1.3 By submitting a Bid, the Bidder certifies that neither it, nor its Principal(s) is presently debarred, suspended, proposed for debarment and declared ineligible or voluntarily excluded from participation in this transaction by the State of Florida or Federal

Government. Furthermore, Bidder certifies that it is responsible to divulge information regarding any of these actions or proposed actions with other governmental agencies.

1.1.4 Successful Proposer will be required to comply with applicable law as it relates to E-

Verify legislation.

1.1.5 A person or affiliate who has been placed on the Convicted Vendor List following a conviction for a Public Entity Crime may not submit an offer on a Contract to provide any goods or services to a Public Entity, may not submit an offer on a Contract with a

Public Entity for the construction or repair of a public building or public work, may not submit an offer on leases of real property to a Public Entity, may not be awarded or perform work as a Contractor, Supplier, Subcontractor, or Awarded Bidder(s) under a

Contract with any Public Entity, and may not transact business with any Public Entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for

CATEGORY TWO for a period of 36 months from the date of being placed on the

Convicted Vendor List.

1.1.6 An Awarded CONTRACTOR or any Subcontractors shall not employ any persons with multiple felonies and/or crimes against children. The Awarded CONTRACTOR must provide documented proof of efforts to comply with this requirement. The Board may declare any non-compliance or lack of diligent effort by the Awarded CONTRACTOR to comply as a breach of Contract and immediately terminate the services of the Awarded

CONTRACTOR.

1.1.7 All Bidders must disclose the name of any officer, director, or agent who is also an employee of the District. All Bidders must disclose the name of any District employee who owns, directly or indirectly, any interest in the Bidders' business or any of its branches. Indicate with either a statement of Conflict of Interest or Non-Conflict of

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Interest and submit with your Bid.

1.1.8 All costs incurred by the Bidder, their employees and agents in preparing a Bid, in clarifying such Bid to the satisfaction of the OWNER, in attending any Pre-Bid conference or interview, in ascertaining the conditions of the site, in entering into a

Contract with the OWNER or for any other reason shall be the sole responsibility of the

Bidder and will not be paid or reimbursed by the OWNER.

1.1.9 The Bidder acknowledges the right of the OWNER to accept or reject any or all Bids and to waive any informality or irregularity in any Bid received. In addition, the Bidder recognizes the right of the OWNER to reject a Bid if the Bidder failed to furnish any required or to submit the data required by the Invitation To Bid Documents, or if the

Invitation To Bid is in any way incomplete or irregular; to reject the offer of a Bidder who is not in a position to perform the Contract; and to re-advertise for other or further

Bids or to accept the next responsive Bid.

As required by 1010.04(5), Fla. Stat., please be advised that the School District will not:

1. Request documentation of or consider a bidder’s social, political, or ideological interests when evaluating its proposal.

2. Give preference to a bidder based on the bidder’s social, political, or ideological interests.

1.1.10 The Bidder, in submitting their offer, realizes that time is of the essence and that any delay of this Project will have a serious negative impact on the students of Palm Beach

County. Therefore, the Bidder has taken due diligence to determine factors that may impact the days necessary to complete this Project. Specifically, the approval process required under Florida Statutes as governed by the Rules of the Department of

Education, Florida State Board of Education, as well as the Permitting process required by the School District of Palm Beach County, Department of Environmental Regulation, the South Florida Water Management District, Palm Beach County and any other bodies that have jurisdiction over the land parcel for this Project.

1.1.11 By submitting a Bid, the Bidder certifies that it has not divulged, discussed or compared its Bid with other Bidders and has not colluded with any other Bidder or parties to the

Bid whatsoever. No premiums, rebates or gratuities are permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal of the Bidder from all Bid lists for the School Board of Palm Beach County.

1.2 BIDDING PROCEDURES

1.2.1 Bid Submittal shall be prepared using the forms contained in this Invitation to Bid and submitted in accordance with these Instructions to Bidders.

1.2.2 A Bid is invalid if it has not been fully uploaded to BidNet Direct @ www.bidnetdirect.com prior to the time and date for receipt of Bids indicated in the

“Project Notification,” Section 00030, or prior to any extension issued to the Bidders, by Addendum.

1.2.3 Unless otherwise provided in any supplement to these “Instructions to Bidders,” no

Bidder shall modify, withdraw or cancel their Bid or any part thereof for 60 days after

10 Revised 12.15.2025 the time designated for the receipt of Bids in the “Project Notification,” Section 00030, or prior to any extension issued to the Bidders.

1.2.4 Prior to the receipt of Bids, if any Addenda are issued, it will be available on BidNet

Direct @ www.bidnetdirect.com.

1.3 BIDNET DIRECT

1. All offers must be submitted electronically to BidNet Direct @ www.bidnetdirect.com including all required documents listed in the Bid (or solicitation). No other responses will be accepted, including hard copy or emailed responses.

2. BidNet Direct supports online document tracking and completion. All documents must be viewed/accepted before the Bid Packet can be viewed and an offer can be placed.

3. The District will only consider offers that have been uploaded and submitted through BidNet Direct PRIOR to the Bid closing date and time. As with any document upload, larger documents and/or heavy user activity may result in longer upload times. Please Allow plenty of time to complete your offer.

4. IMPORTANT INFORMATION

For help filling out your offer, please visit:

https://www.bidnetdirect.com/palmbeachschools

• In order to complete this process, you must first select “Review Response,” verify the information is correct then enter your password and select “Confirm & Submit

Response.”

• After clicking “Confirm & Submit Response,” a confirmation page loads with “Offer

Received” at the top of the page. If you do not see this confirmation, your offer was not submitted successfully.

• If you select to receive a confirmation e-mail indicating a successful response you will receive a confirming email within five (5) minutes.

If you DO NOT receive a confirmation that your offer has been received, please call BidNet Direct at 800-835-4603, Option 2 (Vendor Assistance). Customer

Service Hours of Operation: 8 am – 8 pm.

5. If necessary, an Addendum(s) will be distributed by BidNet Direct to all who are known by the Construction Purchasing Department to have received a complete set of

Bid documents.

6. Be advised that registering with BidNet Direct @ www.bidnetdirect.com is a

FREE service.

7. Bids must be signed by an officer or employee having authority to legally bind the

Bidder(s).

8. Bidders should become familiar with any local conditions which may, in any manner, affect the services required. The Bidder(s) is/are required to carefully examine the ITB terms and become thoroughly familiar with any and all conditions and requirements that may in any manner affect the Work to be performed under the Contract. No

11 Revised 12.15.2025 additional allowance will be made due to lack of knowledge of these conditions.

9. Bids not conforming to the instructions provided herein will be subject to disqualification.

10. Any Bid may be withdrawn prior to the date and time the Bids are due.

1.3.1 All questions concerning the Invitation to Bid shall be submitted via BidNet Direct @ www.bidnetdirect.com by the date and time specified and will be answered by

Addendum. All questions submitted shall be held until such time as they are compiled and answered in the form of an Addendum, which will be released through BidNet

Direct @ www.bidnetdirect.com.

1.3.2 Questions and Answers, in the form of Addenda, as distributed by the OWNER shall become part of the Invitation to Bid. Addenda are written or graphic instruments issued prior to the execution of the Contract which modify or interpret the Bid Documents, including Drawings and Specifications, by additions, deletions, clarifications or corrections. All Addenda will become part of the Contract Documents when the Contract is executed. As necessary, Addenda will be distributed by BidNet Direct to all who are known by the Construction Purchasing Department to have received a complete set of

Bid Documents. All questions submitted (along with their source) and Addenda are subject to Public Records Law and as such will be available for inspection upon receipt of a Public Records Request.

1.3.3 To protect the integrity of the solicitation, all questions regarding this solicitation must be submitted via BidNet Direct @ www.bidnetdirect.com NO LATER

THAN 2:00 P.M. ET, on the date specified in the Project Notification. Only questions received via BidNet Direct @ www.bidnetdirect.com by the time and date specified will be answered by Addendum and posted on BidNet Direct. No employee of the

School District is authorized to interpret any portion of this Bid or give information as to the requirements of the Bid in addition to that contained in the written documents.

1.4 LOBBYING:

From the time this solicitation is posted until the time a Decision or Intended Decision is posted, potential Bidders and employees, representatives, partners, director, officers, or other individuals acting on behalf of the Bidder, shall be prohibited from Lobbying any School District employee, member of the School Board, member of a School District Advisory Committee, or person selected to evaluate or recommend selection of the Awarded Bidder. Violation of this

“Cone of Silence” shall result in rejection/disqualification of the Bidder from Award of a

Contract arising out of this solicitation.

1.5 INSTRUCTIONS FOR SUBMITTAL OF BID DOCUMENTS

The Bid Shall be divided into two (2) Sections 1 and 2 and uploaded to BidNet Direct @ www.bidnetdirect.com as one (1) optimized PDF file. A Bid shall include all items listed for Section 1, otherwise the Bid shall be declared non-responsive. A Bid Should include all items specified in Section 2; however, exclusion of any of the items specified in

Section 2 shall not be cause to declare the Bid non-responsive.

SECTION 1: - shall contain the following items:

1. Fully executed and manually signed Bid Summary Form (Required Response Form A)

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2. Bid Guarantee/Bid Bond or otherwise acceptable Bid Guarantee (Required Response

Form B)

3. Fully executed SBE Subcontractor Participation (Required Response Form C)

4. Disclosure of Discrimination Complaints Statement (Required Response Form D)

SECTION 2: - submit the following items with Bid:

1. Copy of current License issued by the Florida Department of Business and

Professional Regulations (Pursuant to FS 1013.46(2))

2. Drug Free Workplace Certificate - PBSD 0580 (Attachment A)

3. Beneficial Interest and Disclosure of Ownership Affidavit - PBSD 1997 (Attachment B)

The School District is requesting this affidavit to include a list of every

“person” (as defined in Section 1.01 (3), Florida Statutes, to include individuals, children, firms, syndicates, fiduciaries, corporations and all other groups and combinations) holding five percent (5%) or more of the Beneficial

Interest in the disclosing entity. The Proposer must submit all supporting documentation in the name of the Proposer’s entity only. Parent and/or subsidiary entities will not be acceptable.

4. Current Certificate of Authority issued by the Florida Department of State

5. Scrutinized Companies List Certification (Attachment J)

6. Byrd Anti-Lobbying Amendment (Attachment K)

1.6 BID SUMMARY FORM

1.6.1 Bidder(s) shall use the Bid Summary Form (Required Response Form A) included in this Invitation to Bid, and indicate prices in the spaces provided for the Work and for the alternates, if applicable. A Bid Summary Form containing any conditions, omissions, alternates, items not called for or irregularities of any kind may be rejected by the OWNER.

1.6.2 Bidder(s) shall provide their full business name, and shall state whether they are an individual, corporation, partnership or other such entity. A Bid submitted by a corporation must include the legal name of the corporation followed by the name of the state of its incorporation and by the manual or electronic signature and designation of an officer, OWNER, or other person, authorized to bind the corporation. A Bid submitted by a partnership shall show the names of all partners and must be signed in the partnership’s name by one (1) of the partners or by an authorized representative.

In either case, the partnership signature shall be followed by the authorized signature

(manual or electronic) and designation of the person signing.

1.6.3 In every case, the name of the person signing, and their designation shall be included.

A Bid by a person who affixes to a signature the word, “President”, “Secretary”, “Owner” or other designation without disclosing the principal may be held to be the Bid of the individual signing. Satisfactory evidence of the authority of an officer, OWNER, attorney, or other person signing for a corporation and for an OWNER, attorney, or other signing for a partnership or an individual shall be furnished.

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1.7 BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT

This affidavit shall include a list of every “person” (as defined in Section 1.01 (3), Florida

Statues to include individuals, children, firms, associates, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups and combinations) holding five percent (5%) or more of the Beneficial Interest in the disclosing entity. The Beneficial Interest and Disclosure of Ownership Affidavit (Attachment B) must be completed, signed, notarized and returned with the Bid Documents. The Proposer must submit all supporting documentation in the name of the Proposer’s entity only.

Parent and/or subsidiary entities will not be acceptable.

1.8 BID GUARANTEE

All Bids shall be guaranteed by either a Bid Bond, utilizing the Bid Bond Form (Required

Response Form B) included in this Invitation to Bid, executed by a surety company properly licensed and qualified as specified in Section 00700, Article 13 of the Contract, cashier’s check or other form of guarantee acceptable to the OWNER. The Bid Guarantee shall be in an amount not less than $22,500.00 and payable to the School Board of Palm Beach County, Florida. A personal check or company check of a Bidder shall not be deemed a valid Bid Guarantee. In the case where a Bid Bond is utilized as a Bid Guarantee, a Certified copy of the Power of

Attorney of the bonding company must be attached to the Bid Bond. At the time of Bid submittal, a copy of the Bid Guarantee shall be uploaded with the Bid Documents.

Within three (3) OWNER business days of the Due Date, the original Bid Guarantee shall be delivered to:

THE SCHOOL DISTRICT OF PALM BEACH COUNTY

Construction Purchasing Office

3661 Interstate Park Road North, 2nd Floor

Riviera Beach, FL 33404

The Bid Guarantee of the successful Bidder shall be forfeited to The School Board of Palm

Beach County, Florida, not as a penalty, but as liquidated damages for the cost and expense incurred should said Bidder fail to provide the required Performance and Payment Bond and

Insurance Certificate or fail to comply with any other requirements set forth herein. The Bid

Guarantee of the unsuccessful Bidders will be returned after approval of the Award and execution of the Contract.

1.9 EXAMINATION OF BIDDING DOCUMENTS

Bidder shall examine the Invitation to Bid Documents carefully and, not later than the date established by the OWNER for final receipt of questions, shall make written request to the

OWNER by email to the contact person(s) as identified in Section 00030 for interpretation or correction of any ambiguity, inconsistency or error therein which they may discover. Any interpretation or correction will be issued as an Addendum by the OWNER. Only a written interpretation or correction by Addendum shall be binding. No Bidder shall rely upon any interpretation or correction given by any other method.

1.10 SUBSTITUTIONS

1.10.1 Except as provided below, Bidder(s) represents that the Bid is based upon the materials and equipment described in the Invitation to Bid Documents.

1.10.2 No substitution for other material and equipment will be considered unless written

14 Revised 12.15.2025 request has been submitted to the OWNER for approval at least seven (7) calendar days prior to the date for receipt of Bids. Each such request shall include a complete description of the proposed substitute, the name of the material or equipment for which it is to be substituted, drawings, commodity cut sheets, performance and test data and any other data or information necessary for a complete evaluation.

1.10.3 If the OWNER approves any proposed substitution, such approval will be set forth in an Addendum and will be posted on BidNet Direct.

1.10.4 If any Bidder(s) is unable to procure written approval of any substitution from the

OWNER prior to the opening of Bids, then they shall base their Bid Summary Form on the exact item(s) specified.

1.10.5 Requests for any substitutions not submitted in accordance with the above instructions shall be denied by the OWNER.

1.11 REJECTION OF BID SUBMITTAL

The Bidder(s) acknowledges the right of the OWNER to reject any or all Bid Submittals and to waive any informality or irregularity in any Bid Submittal received. In addition, the Bidder recognizes the right of the OWNER to reject a Bid Submittal if the Bidder failed to furnish any required Bid Guarantee, or to submit the data required by the Bidding Documents, or if the

Bid Submittal is in any way incomplete or irregular; to reject the Submittal of a Bidder who is not in a position to perform the Contract; and to re-advertise for other or further Bid

Submittals or to accept the next responsive and responsible low Bid Submittal.

1.12 SUBMISSION OF POST-BID INFORMATION

The Awarded Bidder shall submit the following items in proper form for approval by the

OWNER prior to issuance of the Notice To Proceed:

1) Subcontractor Licenses or Palm Beach County Certificate of Competency.

2) Proof of a current and active Certificate of Authority issued by the Department of

State authorizing the Bidder to conduct business in the State of Florida. This proof may be provided by either submitting a copy of the Letter of Authority issued by the

Office of the Secretary of State or by submitting a copy of the Certificate of Status

Verification which may be obtained via www.Sunbiz.org - Department of State.

3) List of Subcontractors (Attachment I)

4) Fully executed and signed SBE Subcontractor Participation Letter of Intent Form

(Attachment F)

5) SBE Subconsultant/Subcontractor Participation Form (Attachment G)

6) Evidence of acceptable certification for each SBE Subcontractor (as defined in the

Article 15 of the Contract) to be utilized to meet the established Contract Goal for

SBE Participation

7) Certificate of Insurance indicating the coverage required in Article 11 of the Contract

8) Resume of Contractor’s Construction Superintendent and, if requested by the

OWNER, the Assistant Superintendent engaged by the CONTRACTOR for the Work

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9) Preliminary Construction (CPM) Schedule

10) Letter certifying the percentage (%) of Work, if any, to be performed by the

CONTRACTOR

11) List of Hazardous Chemicals per Section 442.103, Florida Statutes (Section 00850, Article 1)

12) Proposed Roofing Manufacturing Warranty (if applicable)

13) Items specified in Paragraphs 1.12.1 and 1.12.2 below

1.12.1 The successful Bidder shall within five (5) OWNER business days after receiving the fully executed OWNER-CONTRACTOR Contract obtain and furnish the OWNER for approval the bonds required by the Contract Documents, which shall be procured from agents authorized to do business in the State of Florida and in such form and amounts acceptable to the OWNER.

NOTE: Bonds must be recorded at the Recording Department of Palm Beach

County Clerk of Circuit Court. Proof of recordation must be submitted within five

(5) OWNER business days to the Construction Purchasing Department. One (1) set of originals with bond numbers shown is required.

1.12.2 If, at any time, the OWNER shall deem the surety or sureties to be unsatisfactory or if a bond is deemed inadequate by the OWNER, the CONTRACTOR shall, at no expense to the OWNER and within five (5) OWNER business days after receipt of written notice by the OWNER, furnish an additional bond or bonds in such form and amount and with a surety acceptable to the OWNER. The failure of the CONTRACTOR to furnish such bonds in a timely manner shall not delay the commencement of the

Contract Time nor shall be a cause for an extension of the Contract Time however;

no Work shall proceed prior to issuance of a Notice to Proceed.

1.12.3 Prior to the Award of the Bid, the Bidder shall be required to establish to the satisfaction of the OWNER, the reliability and responsibility of the proposed

Subcontractors to furnish and perform the Work described in the sections of the specifications pertaining to such proposed Subcontractor’s respective trades. The

OWNER will notify the Bidder in writing if the OWNER, after due investigation, has reasonable and substantial objection to any person or organization on such list. If the OWNER or Architect has a reasonable and substantial objection to any person or organization on such list, and refuses in writing to accept such person or organization the Bidder may, at their option, withdraw the bid without forfeiture of the Bid

Guarantee, notwithstanding anything to the contrary contained in Section 00100, Paragraph 1.3.2. If the Bidder submits an acceptable substitute with an increase in the Bid price to cover the difference in cost occasioned by such substitution, the

OWNER may disqualify the Bidder unless the Bidder agrees to, in writing, no increase in the Total Bid amount. Subcontractors and other persons and organizations proposed by the Bidder and accepted by the OWNER and the Architect, must be used on the Work for which they were proposed and accepted and shall not be changed except with the written approval of the OWNER and Architect.

1.13 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

1.13.1 The successful Bidder shall be required to furnish a Performance Bond and Labor and

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Material Payment Bond in the amount of 100% of the Contract amount as set forth in the Project Advertisement.

1.13.2 All required premiums shall be paid for by the successful Bidder and the amount of the premium shall be included in the Base Bid Price of the Bid Summary Form.

1.13.3 The Notice to Proceed shall not be issued until these bonds have been received in proper form. Any delay in providing these bonds to the OWNER shall not be cause for an extension of Contract Time to achieve Substantial Completion.

1.14 TIME

Time of completion is of the essence and a Bidder may be deemed non-responsive if the time offered is excessive.

1.15 DETERMINATION OF BID

The method of determining the lowest Bid Submittal from a Bidder shall be the Total Bid amount(s) listed on the Bid Summary, which are accepted by the OWNER and acceptance by the Office of Small Business Development. Alternates, if applicable, may be considered for acceptance by the OWNER in its sole and unfettered discretion and acceptance by the Office of Small Business Development.

1.16 BID PREFERENCE

1.16.1 A five percent (5%) Bid Preference has been established for this Project. This Bid

Preference will be applied to Bids submitted by firms meeting the requirements for

SBE and Certified as SMALL BUSINESS ENTERPRISE (SBE) by the School District of Palm Beach County Office of Small Business Development (OSBD). Following the

Bid opening the OSBD will verify each Bidder that meets these requirements. The

Contract will be Awarded to the responsive, responsible non-certified Bidder that submits the lowest Total Bid Amount meeting the Established Contract Goal for SBE

Participation unless the Total Bid Amount submitted by a Bidder that is Certified as a State of Florida or School District of Palm Beach County SBE does not exceed the lowest Total Bid Amount submitted by a non-certified Bidder by an amount greater than $50,000 or five percent (5%) of the non-certified Bidder’s Total Bid Amount, whichever is less. In instances where the difference in a Certified SBEs Total Bid

Amount is greater than $50,000 or five percent (5%), the lowest responsive, responsible non-certified Bidder will be Awarded the Contract and the Bid Preference shall be deemed waived. In the best interest of the District, the Board, or their designee, reserves the right to reject any and all Bids and to waive any irregularity in Bids received.

1.16.2 In the event the original Awardee cannot fulfill the obligations of their Bid, the Board, or their designee, reserves the right to Award the Project to the next lowest responsive, responsible Bidder. The next lowest Bidder’s price must remain the same as originally Bid and must remain firm for the duration of the Contract. Award of the

Project made as a result of this Bid shall conform to Board Policy.

1.17 IDENTICAL TIE BIDS

A specified in Section 287.087, Florida Statutes, tie Bid preference shall be awarded to Bidders with Drug Free Workplace Programs. Whenever two or more Bidders are equal with regard to price, quality, and service a Bidder that certifies that it has implemented a Drug Free

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Workplace Program shall be given preference in the Award Process. In the event two or more

Bidders submit Drug Free Workplace Certifications preference shall be awarded in the following order:

1) an SBE firm Certified with the School District

2) the Bidder with the lowest dollar value of Contract Award within the 36 months prior to the date of the Bid opening.

3) If the tie continues, a Representative of the Construction Purchasing Department will flip a coin to break the tie. The Bidder’s company name closest to the letter “A” will always be assigned heads in the coin toss.

1.18 NOTICE OF INTENDED DECISION

The OWNER shall provide notice of its decision or intended decision concerning an Invitation to Bid Solicitation or an Award as follows:

a) Notice of a decision or intended decision shall be given by posting the Tabulation on

BidNet Direct.

b) The notice required by this paragraph shall contain the following statement: “Failure to file a protest within the time prescribed in 120.57(5) (b), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.”

1.19 PROTEST PROCEDURES

1.19.1 The Invitation to Bid Documents will be available for review via BidNet Direct @ www.bidnetdirect.com. Any person that is adversely affected with respect to the

Invitation to Bid Documents shall file a Notice of Protest in writing within 72 hours after the receipt of the Invitation to Bid Documents, and SHALL FILE A FORMAL

WRITTEN PROTEST WITHIN 10 DAYS AFTER THE DATE THEY FILED THE NOTICE OF

PROTEST. If a Bidder wishes to protest the Recommended Award, they must do so in strict accordance with the procedures outlined in FS 120.57(3). Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post a protest security at the time of filing the formal written protest will constitute a waiver of proceedings under Chapter 120, Florida Statutes.

All Notices of Protest and Formal Written Protests shall be submitted to:

Darci Garbacz, C.P.M., Director of Purchasing

3300 Forest Hill Blvd., Suite A-323

West Palm Beach, FL 33406

1.19.2 In accordance with Section 255.0516, Florida Statutes, “Bid Protests by Educational

Boards”, with respect to State Contracts and Bids, pursuant to competitive bidding, whether under Chapter 235, Florida Statutes, relating to educational facilities, or under this chapter, relating to public buildings, if a school board, a community college board of trustees, or the Board of Regents uses procedures pursuant to Chapter 120, Florida Statutes, for Bid protests the board will require the protestor to post a bond at the time of filing the written protest amounting to:

1) $5,000 or one percent (1%) of the lowest accepted Bid, whichever is greater, for Projects with an estimated cost of construction of $500,000 or more

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2) Five percent (5%) of the lowest accepted Bid for all other Projects

NOTE: Use of the budget amount in lieu of the lowest acceptable Bid will be used for determining the amount of security for protest of the Invitation to Bid documents.

1.19.3 The bond shall be conditioned upon the payment of all costs that may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a cashier’s check, certified bank check, bank certified company check or money order will be acceptable form of security.

1.19.4 Failure to file a Notice of Protest or failure to file a formal written protest or to post the bond or other security required within the time prescribed in 120.57 (5) (b)

Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida

Statutes.

1.19.5 Upon receipt of a Notice of Protest which has been timely filed, the OWNER shall stop the Solicitation process or the Award Process until the subject of the protest is resolved by final OWNER action, unless the OWNER sets forth in writing particular facts and circumstances which require the continuance of the Solicitation process or the Contract Award Process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare.

1.19.6 The OWNER, on its own initiative or upon the request of a protestor, shall provide an opportunity to resolve the protest by mutual agreement between the parties within seven (7) days of receipt of a formal written protest.

1.19.7 If the subject of a protest is not resolved by mutual agreement within seven (7) days of receipt of the formal written protest and if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to Florida Statutes

120.57(2). If the hearing is not requested in the Notice of Bid Protest, it shall be waived. The informal hearing shall be conducted in the presence of the Director of

Purchasing, as the Superintendent’s designee, the legal staff, and any other witnesses deemed appropriate. The protesting party may be present with assistance of counsel and any witnesses they deem appropriate, however, failure to have counsel or witnesses present shall not invalidate the hearing.

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SECTION 00700

GENERAL CONDITIONS

INDEX

ARTICLE 1 – CONTRACT DOCUMENTS

1.1 The Contract

1.2 Execution, Correlation, Intent and Interpretations

ARTICLE 2 – OWNER

2.1 Information and Services Required of the OWNER

ARTICLE 3 – CONTRACTOR

3.1 Review of Contract Documents

ARTICLE 4 – TIME

4.1 Definition

4.2 Progress and Completion

ARTICLE 5 – GENERAL REQUIREMENTS

5.1 OWNER'S Right to Perform Work and to Award Separate Contracts

5.2 Legal Requirements

5.3 Accessibility and Cooperation with the Inspector General and Staff

5.4 Debarment

5.5 Commercial Nondiscrimination

5.6 Anti-Collusion

5.7 Contract Disclosure Requirements

5.8 Public Records Exemption

5.9 Exemption from Public Disclosure

5.10 Assignment of Contract and/or Payment

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SECTION 00700

GENERAL CONDITIONS OF THE CONTRACT

CONTRACT DOCUMENTS

1.1 THE CONTRACT

This Contract represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations or agreements either written or oral. The

Contract may be amended or modified only by a modification as defined in Section 00510, Article 1, Paragraph 1.2. The OWNER shall be entitled to performance of obligations intended for his benefit and to enforcement thereof. Nothing contained in the Contract Documents shall create any contractual relationship between the OWNER and any Subcontractor or Sub-

Subcontractor.

1.2 EXECUTION, CORRELATION, INTENT AND INTERPRETATIONS

The OWNER-CONTRACTOR Contract shall be executed in not less than triplicate by the OWNER and CONTRACTOR.

1.2.1 By executing the OWNER-CONTRACTOR Contract, the CONTRACTOR represents that he has visited the Site, familiarized himself with the local conditions under which the

Work is to be performed and correlated his observations with the requirements of the

Contract Documents.

1.2.2 CONTRACTOR also acknowledges he has familiarized himself with all pertinent local conditions including but not limited to the local labor market, utilities and other governmental regulations relating to the job site.

1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. Contract Documents are complimentary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results.

Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings.

1.2.4 The CONTRACTOR represents and warrants that they have the requisite skill and experience to design and build the Project and represents and warrants that the drawings and specifications will be complete and constructible, without change, and that all drawings have been coordinated with each other to ensure proper and sufficient space for installation and maintenance of equipment and complete operation of all systems.

1.2.5 The organization of the Specifications into divisions, sections and articles, and the arrangement of drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

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ARTICLE 2

OWNER

2.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER

The OWNER shall furnish all…