PALM BEACH INTERNATIONAL AIRPORT

PALM BEACH COUNTY, FLORIDA

Board of County Commissioners County Administrator Maria G. Marino District 1 Verdenia C. Baker Gregg K. Weiss, Vice Mayor District 2 Dave Kerner District 3 Palm Beach County Robert S. Weinroth, Mayor District 4 Department of Airports Maria Sachs District 5 Laura Beebe, Director of Airports Melissa McKinlay District 6 Gary Sypek, Sr. Deputy Director of Airports Mack Bernard District 7 Vacant, Director of Planning

BID DOCUMENTS

FOR

James L. Turnage Blvd. Bridge Repairs

PALM BEACH COUNTY

WEST PALM BEACH, FLORIDA

"An Equal Opportunity - Affirmative Action Employer"

Palm Beach County Department of Airports 846 Palm Beach International Airport West Palm Beach, Florida 33406-1470

(561) 471-7462 Fax: (561) 471-7427

Prepared By:

7650 West Courtney Campbell Causeway Tampa, FL 33607

License No. EB 8115

PBC Project No.: PB 22-5 March 2022 E/A Project No.: 60664616 FDOT Project No.: NA

FAA AIP NO.: NA

Federal Front End Documents James L. Turnage Blvd. Bridge Repairs Table of Contents v.010422 Palm Beach International Airport March 2022

TOC- 1 of 4

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR

JAMES L. TRUNAGE BLVD. BRIDGE REPAIRS

TABLE OF CONTENTS

SECTION

NO. DESCRIPTION

PAGE NO.

INVITATION TO BID INV-1

INSTRUCTIONS TO BIDDERS IB-1

1.0 Definitions IB-1

2.0 Licenses, Business Tax, Policy Regarding Subcontractors IB-2

3.0 Bidder's Representations IB-3

4.0 Bidding Documents IB-5

5.0 Bidding Procedure IB-6

6.0 Consideration Of Bids And Award Of Contract IB-9

7.0 Post Bid Information IB-11

8.0 Construction Bond And Insurance IB-12

9.0 Time IB-13

10.0 Governing Order Of Bidding And Contract Documents IB-13

11.0 DBE Program IB-14

12.0 Public Bid Disclosure Compliance Fees IB-17

13.0 Criminal History Records Check IB-17

14.0 Palm Beach County Office of the Inspector General IB-17

15.0 Scrutinized Companies IB-18

16.0 Non-Discrimination IB-18

BID FORMS AND ATTACHMENTS BF-1

Bid Form And Attachments Checklist BF-1 Bid Form BF-2

CONTRACT DOCUMENTS CD-1

Contract CD-1 Public Construction Bond CD-5 Corporate Certificate CD-8 Form of Guarantee CD-10

SPECIAL PROVISIONS SP-1

1.0 Scope of Work SP-1

2.0 Site SP-1

3.0 Sequence of Construction SP-1

4.0 Utilities and Temporary Service SP-1

5.0 Protection of Airport, Cables, Controls, NAVAIDS and Weather

Bureau Facilities

SP-2

6.0 Termination SP-3

7.0 Extension Time/No Damages for Delay SP-3

8.0 Access and Audits SP-5

9.0 Public Entity Crimes SP-5

TOC- 2 of 4

PAGE NO.

10.0 Changes SP-5

11.0 Construction Time and Liquidated Damages SP-9

12.0 Insurance SP-9

13.0 Scheduling SP-9

14.0 Permits and Fees SP-10

15.0 Progress Payment Procedures SP-10

16.0 Environmental Protection SP-13

17.0 Disputes SP-15

18.0 Substantial Completion SP-16

19.0 Final Inspection and Acceptance SP-17

20.0 Project Closeout SP-18

21.0 Staging Areas SP-18

22.0 E-Verify SP-18

23.0 Taxes SP-18

24.0 Authorized Representatives SP-22

25.0 Suspension SP-23

26.0 Certificates of Insurance SP-24

27.0 Public Records SP-24

28.0 Substitutions SP -26

29.0 Contractor Furnished Materials, Equipment and Workmanship SP -26

30.0 Contractor Furnished Drawings, Data and Samples SP-27

ATTACHMENT A FORMS

GENERAL PROVISIONS-PART 1 GP-1

10 Definition of Terms GP-1 20 Proposal Requirements and Conditions GP-6 30 Award and Execution of Contract GP-10 40 Scope of Work GP-12 50 Control of Work GP-16 60 Control of Materials GP-24 70 Legal Regulations and Responsibility to Public GP-28 80 Prosecution and Progress GP-40 90 Measurement and Payment GP-47

GENERAL REQUIREMENTS

C-100 Contractors Quality Control Program C100 C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation

Control C102

C-105 Mobilization C105 01030 Safety During Construction and MOT – Palm Beach Airport 01030-1 01035 Security – Palm Beach International Airport 01035-1 01036 Requirements of Contractors Requesting PBIA Airport I.D.’S 01036-1 01320 Construction Progress Documentation 01320-1 01330 Submittal Procedures 01330-1 01400 Quality Control Services 01400-1 01700 Contract Closeout 01700-1 01720 Project Record Documents 01720-1

TOC- 3 of 4

PAGE NO.

01740 Warranties and Bonds 01740-1

TECHNICAL SPECIFICATIONS

P-100 FDOT Standard Specifications for Road and Bridge Construction P-100-1 P-102 Surface Coating System P-102-1

APPENDIX 1 – REQUIRED FUNDS CONTRACT CLAUSES

A1 ACCESS TO RECORDS AND REPORTS 2

A2 AFFIRMATIVE ACTION REQUIREMENT 2

A3 BREACH OF CONTRACT TERMS 3

A4 BUY AMERICAN PREFERENCE 4

A5 CIVIL RIGHTS - GENERAL 8

A6 CIVIL RIGHTS – TITLE VI ASSURANCE 8

A7 CLEAN AIR AND WATER POLLUTION CONTROL 10

A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT

REQUIREMENTS

A9 COPELAND “ANTI-KICKBACK” ACT 11

A10 DAVIS-BACON REQUIREMENTS 12

A11 DEBARMENT AND SUSPENSION 23

A12 DISADVANTAGED BUSINESS ENTERPRISE 24

A13 DISTRACTED DRIVING 26

A14 ENERGY CONSERVATION REQUIREMENTS 26

A15 EQUAL EMPLOYEMENT OPPORTUNITY (EEO) 26

A16 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL

MINIMUM WAGE)

A17 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 32

A18 PROHIBITION of SEGREGATED FACILITIES 33

A19 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 34

A20 PROCUREMENT OF RECOVERED MATERIALS 34

A21 RIGHT TO INVENTIONS 35

A22 SEISMIC SAFETY 35

A23 TAX DELINQUENCY AND FELONY CONVICTIONS 35

A24 TERMINATION OF CONTRACT 36

A25 TRADE RESTRICTION CERTIFICATION 38

A26 VETERAN’S PREFERENCE 39

APPENDIX 2 CONSTRUCTION PROJECT DAILY CHECKLIST

DRAWING

NO.

B-1 COVER SHEET

B-2 SIGNATURE SHEET

B-3 PROJECT LAYOUT AND GENERAL NOTES

B-4 TYPICAL BRIDGE REPAIRS DETAILS (1 OF 5)

B-5 TYPICAL BRIDGE REPAIRS DETAILS (2 OF 5)

B-6 TYPICAL BRIDGE REPAIRS DETAILS (3 OF 5)

B-7 TYPICAL BRIDGE REPAIRS DETAILS (4 OF 5)

TOC- 4 of 4

PAGE NO.

B-8 TYPICAL BRIDGE REPAIRS DETAILS (5 OF 5)

BQ-1 SUMMARY OF QUANTITIES (1 OF 2)

BQ-2 SUMMARY OF QUANTITIES (2 OF 2)

B1-1 BRIDGE 1 PLAN AND ELEVATION

B1-2 BRIDGE 1 REPAIR TABLES (1 OF 2)

B1-3 BRIDGE 1 REPAIR TABLES (2 OF 2)

B1-4 BRIDGE 1 SPECIAL REPAIRS

B2-1 BRIDGE 2 PLAN AND ELEVATION

B2-2 BRIDGE 2 REPAIR TABLES (1 OF 2)

B2-3 BRIDGE 2 REPAIR TABLES (2 OF 2)

B2-4 BRIDGE 2 SPECIAL REPAIRS

B3-1 BRIDGE 3 PLAN AND ELEVATION

B3-2 BRIDGE 3 REPAIR TABLES (1 OF 2)

B3-3 BRIDGE 3 REPAIR TABLES (2 OF 2)

B3-4 BRIDGE 3 SPECIAL REPAIRS

B4-1 BRIDGE 4 PLAN AND ELEVATION

B4-2 BRIDGE 4 REPAIR TABLES

B4-3 BRIDGE 4 SPECIAL REPAIRS

B5-1 BRIDGE 5 PLAN AND ELEVATION

B5-2 BRIDGE 5 REPAIR TABLES

B5-3 BRIDGE 5 SPECIAL REPAIRS

B8-1 BRIDGE 8 PLAN AND ELEVATION

B8-2 BRIDGE 8 REPAIR TABLES (1 OF 2)

B8-3 BRIDGE 8 REPAIR TABLES (2 OF 2)

B8-4 BRIDGE 8 SPECIAL REPAIRS

B10-1 BRIDGE 10 PLAN AND ELEVATION (1 OF 2)

B10-2 BRIDGE 10 PLAN AND ELEVATION (2 OF 2)

B10-3 BRIDGE 10 REPAIR TABLES

B10-4 BRIDGE 10 SPECIAL REPAIRS

MOT-1 TRAFFIC CONTROL PLAN – GENERAL NOTES

MOT-2 TRAFFIC CONTROL PLAN – BRIDGE 1

MOT-3 TRAFFIC CONTROL PLAN – BRIDGE 2

MOT-4 TRAFFIC CONTROL PLAN – BRIDGE 3

MOT-5 TRAFFIC CONTROL PLAN – BRIDGE 4 AND 5

MOT-6 TRAFFIC CONTROL PLAN – BRIDGE 8

MOT-7 TRAFFIC CONTROL PLAN – BRIDGE 10

PBI JAMES L. TURNAGE BLVD. BRIDGE REPAIRS

INVITATION TO BID

James L. Turnage Blvd. Bridge Repairs Instructions to Bidders v.010422

INV- 1 of 2

INVITATION TO BID

NOTICE IS HEREBY GIVEN that the Board of Commissioners, Palm Beach County, State of Florida, will receive sealed bids from qualified Contractors, at:

Palm Beach County Department of Airports

846 Palm Beach International Airport

West Palm Beach, Florida 33406 until the hour of 2:00 PM, Local Time, April 5, 2022 and said bids will be opened and publicly read immediately thereafter in the conference room, at the above address, on the same day for:

Palm Beach International Airport

Palm Beach County Project No. PB 22-5

The work generally consists of: repairing miscellaneous distresses on the James L. Turnage Blvd. Bridges at Palm Beach International Airport include cleaning, sealing, and repairing concrete joints, concrete spall and crack repair on the bridge superstructure and substructure, and repairing miscellaneous appurtenances within the bridge structure. The project also consists of cleaning and refinishing the exterior bridge surfaces and applying a friction surface coating on designated pavement surfaces.

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

Documents, which include the plans and specifications. The work must conform to plans and specifications, which may be obtained or examined on or after March 7, 2022. In order to better manage document content and disbursement, bidders can download and print the Contract Documents free of charge by visiting the County’s Vendor Self-Service Website:

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService.

The Contractor should access the site on a daily basis to be aware of any new data ( addenda) that is added to the site. The Department of Airports is not responsible for failure to obtain all documents required in order to be considered responsive.

Bid proposals must be submitted on the forms provided by Palm Beach County and accompanied by a bid security in the form of a certified check, cashier's check, money order or a bid bond submitted on the form provided, in favor of Palm Beach County in the amount of not less than five percent (5%) of the bid price.

All bids must be submitted in a sealed envelope as described in the INSTRUCTIONS TO BIDDERS.

Bidders are encouraged to attend a Pre-bid Conference to be held at 10:00 AM Local Time, on March

15, 2022 in the Department’s main conference room. Interested individuals can contact the Department of

Airports for directions:

West Palm Beach, Florida 33406

(561) 471-7462

The Disadvantaged Business Enterprise goal is 24.7%. Palm Beach County, in accordance with Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d-2000d-4) and the regulations, hereby

James L. Turnage Blvd. Bridge Repairs Instructions to Bidders v.010422

INV- 2 of 2 notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to the invitation to Bid, disadvantaged business enterprises will be afforded full opportunity to submit bids and will not be discriminated against on the grounds of regard to race, color, or national origin in consideration of an award.

All Bidders must be licensed in accordance with Florida Laws at the time of bid submission.

This project is funded under provisions of the Airport and Airway Safety and Capacity Act of 1987. Certain mandatory federal requirements apply to this solicitation and will be made a part of any contract awarded:

a. Presidents Executive Order No. 11246 as amended by 29 CFR Part 30 and 41 CFR Part 60.

b. Davis Bacon and Related Acts, 29 CFR Parts 1, 3 and 5.

c. Copeland Act, 29 CFR Part 3.

d. Contact Work Hours and Safety Standards Act.

e. Title VI of Civil Rights Act of 1964.

f. Disadvantaged Business Enterprises (DBE) participation will be required as described in 49 CFR

Part 26, and all pertinent amendments.

g. Buy American - Steel and Manufactured Products for Construction.

h. Uniform Guidance, 2 CFR 200

Persons who require accommodations under the Americans with Disabilities Act or who require translation services should contact the individual listed above at least seven days in advance of the Pre-bid Conference.

Hearing impaired individuals are requested to telephone the Florida Relay System at #711.

By Order of the Board of Commissioners, Palm Beach County, Florida.

BOARD OF COUNTY COMMISSIONERS

Palm Beach County, Florida

END OF INVITATION TO BID

INSTRUCTIONS TO BIDDERS

Instructions to Bidders v.010422

IB- 1 of 20

INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

1.0 DEFINITIONS

2.0 LICENSES, BUSINESS TAX, POLICY REGARDING SUBCONTRACTORS

3.0 BIDDER'S REPRESENTATIONS

4.0 BIDDING DOCUMENTS

5.0 BIDDING PROCEDURE

6.0 CONSIDERATION OF BIDS AND AWARD OF CONTRACT

7.0 POST BID INFORMATION

8.0 CONSTRUCTION BOND AND INSURANCE

9.0 TIME

10.0 GOVERNING ORDER OF BIDDING AND CONTRACT DOCUMENTS

11.0 UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES

12.0 PUBLIC BID DISCLOSURE COMPLIANCE FEES

13.0 CRIMINAL HISTORY RECORDS CHECK

14.0 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

15.0 SCRUTINIZED COMPANIES – APPLICABLE TO CONTRACTS VALUED OVER ONE MILLION

DOLLARS

16.0 NON-Discrimination

END OF INSTRUCTION TO BIDDERS

1.0 DEFINITIONS

1.1 BIDDING DOCUMENTS include the Invitation to Bid, Instructions to Bidders, the Bid Form and Attachments, Bond and Contract forms, the proposed Contract including Exhibits thereto and any Addenda issued prior to the date designated for receipt of bids.

1.2 The CONTRACT DOCUMENTS proposed for the Work consist of the following:

1.2.1 Bidding Requirements - Invitation to Bid, Instructions to Bidders, Index of Drawings, Bid Form and Attachments;

1.2.2 Completed Bond, Surety and Insurance Forms;

1.2.3 Contract Forms- Contract, Public Construction Bond, and Form of Guarantee;

1.2.4 Contract Provisions - General Provisions, Special Provisions and Technical Specifications;

1.2.5 Addenda;

1.2.6 Drawings titled Project;

IB- 2 of 20

1.3 ADDENDA are written or graphic instruments issued by the Owner via the Palm Beach County Department of Airports prior to the submission of bids which modify or interpret the bidding documents by additions, deletions, clarifications, or corrections or other type of modifications.

Addenda will become part of the Contract Documents when the Contract is executed. Bidders, upon receiving addenda, shall insert same into the Bid documents.

1.4 An ADDITIVE OR DEDUCTIVE BID ITEM is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the work, as described in the Bidding Documents, is accepted by the County.

1.5 The BASE BID is the sum stated in the Bid for which the Bidder offers to perform the work described in the Bidding Documents as the base, to which work may be added or from which work may be deducted for sums stated in Additive or Deductive Bid Items.

1.6 A BID is a complete and properly signed offer to do the work or designated portion thereof for the sums stipulated therein and submitted in accordance with the Bidding Documents.

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

1.8 The OWNER is Palm Beach County, a political subdivision of the State of Florida, as represented by its Board of County Commissioners (hereinafter called "County"). Where the word "approval" is mentioned, "approval" shall mean action by the Board of County Commissioners or its Department of Airports’ Director of Planning and Development.

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

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

1.11 The term DEPARTMENT shall mean the Palm Beach County, Department of Airports.

1.12 A LUMP SUM and UNIT PRICE BID is the sum stated in the Bid for which the Bidder offers to perform the work described in the Bidding Documents containing lump sum and unit price work items. For the purpose of determining the Base Bid amount on a Lump Sum and Unit Price Bid, the unit price costs multiplied by the estimated quantities contained in the Bidding Documents and the lump sum shall be added together.

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

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

IB- 3 of 20

2.0 LICENSES, BUSINESS TAX, POLICY REGARDING SUBCONTRACTORS

2.1 Bidders and their proposed subcontractors of any tier regulated by the Florida Construction Industry Licensing Board or the Construction Industry Licensing Board of Palm Beach County shall be properly qualified and licensed/certified by the appropriate Board or Boards as required by Florida Statute Chapter 489, or Special Act, Laws of Florida Chapter 67-1876 prior to the time of submission of the bid. The Bidder and subcontractors, including specialty contractors, are required to have an active State Contractors Certification or an active Palm Beach County Certificate of Competency at time of bid submittal. State of Florida Contractor's Certification /Registration license numbers or Palm Beach County Certificate Numbers must be listed at the applicable places on the Bid Form. Any bid which is submitted by a contractor who is not properly licensed/certified at the time the bid is submitted, or which lists a subcontractor who is not properly licensed/certified at the time the bid is submitted, will be rejected as non-responsive.

2.2 The Contractor, subcontractors of any tier, and specialty contractors must have a valid Palm Beach County business tax receipt, except where provisions of F.S. 205.065 apply.

2.3 It is Palm Beach County’s policy to discourage contractors from seeking new subcontractor pricing after opening of bids, which practice is sometimes known as bid or subcontractor shopping. In order to facilitate this policy, Bidders are required to identify, in the Bid Documents, the subcontractors in the categories listed in Attachment 3 which Bidder, as the contractor, intends to use to perform the contract, or state its intention to self-perform the work contained in these categories.

2.3.1 No Contractor, having been awarded any contract based upon the Contractor’s response to an invitation to bid, request for proposal, request for qualifications, or other solicitation for competitive selection wherein the Contractor listed the subcontractors which the Contractor intended to use in performing such contract, shall replace any subcontractor listed in the Contractor’s response to such request without having first demonstrated good cause, acceptable to the County in its sole discretion.

The replacement of any DBE subcontractor shall also conform to Section 11.0 .

2.3.2 No Contractor, having been awarded any contract based upon the Contractor’s response to an invitation to bid, request for proposal, request for qualifications, or other solicitation for competitive selection wherein the Contractor listed the elements of work which the Contractor intended to perform with its own forces, shall perform such work with a subcontractor without having first demonstrated good cause, acceptable to the County in its sole discretion, for utilizing such subcontractor.

2.3.3 Contractor agrees that neither the County’s acceptance nor rejection of the Contractor’s request to replace or add any subcontractor shall give rise to any liability of any kind on the part of the County

3.0 BIDDER'S REPRESENTATIONS

3.1 Each Bidder by making its Bid represents that:

3.1.1 Bidder has satisfied itself, by personal examination of the location of the proposed Work and by thorough examination of the Contract Documents, that Bidder understands all requirements of the Work. In addition, Bidder has, to the extent Bidder determined to be necessary, satisfied itself regarding the accuracy of the estimate of the quantities of the Work to be done; and shall not at any time after the submission of a Bid dispute or complain of such estimate nor the nature or amount of Work to be performed. Bidder is familiar with, and certifies that all work shall comply with, all Federal, State and Local laws, ordinances, rules and regulations that in any way affect the cost, IB- 4 of 20 progress or performance of the Work. Failure of a Bidder to be familiar with applicable laws, ordinances, rules and regulations will in no way relieve Bidder from the responsibility of complying with the applicable laws, ordinances, rules and regulations.

3.1.2 Copies of such reports and drawings that are referenced in the Contract Documents will be made available by the County to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the Bidder is entitled to review the technical data contained therein for general information purposes only. County does not represent that the conditions reflected in such reports and drawings are the conditions which contractor will experience, but are based on best information available to the County.

3.1.3 The lands upon which the Work is to be performed, rights of way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials, equipment and supplies are to be provided by the Contractor.

Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the County, unless otherwise provided in the Contract Documents.

3.1.4 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of these Instructions to Bidders, that, without exception, the Bid is premised upon performing the Work required by the Contract Documents and that such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for performance of the Work

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

3.1.6 The Bidder understands and agrees that the quantities of work or material stated in unit price items are supplied only to give an indication of the general scope of the Work and the County does not expressly or by implication agree that the actual quantity of the Work or material will correspond therewith. The County reserves the right after award to increase or decrease the quantity of any unit price item by an amount up to and including twenty-five percent (25%) of the bid quantity, without a change in the unit price, and reserves the right to delete any bid item, in its entirety, or to add additional bid items up to and including an aggregate total amount not to exceed fifteen percent (15%) of the contract price. Payment shall reflect as-built quantities measured in accordance with the applicable item.

3.2 The Bidder must be an equal employment opportunity employer. Each Bidder must complete, sign and furnish with his Bid the statement titled "Statement of Participation in Contracts Subject to Nondiscrimination Clause", which is incorporated in the Bid Form or attached thereto.

3.2.1 Pursuant to Executive Order 11246, as amended, Palm Beach County does have an Affirmative Action Program in connection with equal employment opportunities. It is recommended that those bidders who have not initiated an Affirmative Action Program give consideration toward pursuing such programs.

3.2.2 Failure to furnish this statement with the Bid may be cause for rejection of the Bid. Any Bidder who has not filed previous Compliance Report(s) must submit a Compliance Report (Standard Form SF100) prior to award of the Contract.

IB- 5 of 20

3.3 As provided in Florida Statute 287.133(2)(a) a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By entering into this contract or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a).

3.4 The Bidder does hereby declare that it is the only person or persons interested in said Bid; that it is a genuine Bid not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; that it is made without any connection with any person submitting another Bid for the same Contract; that this Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; that the Bid is in all respects fair and without collusion, fraud, or mental reservations; that no official of the County or any person in the employ of the County is directly or indirectly interested in said Bid or in the supplies of Work to which it relates, or in any portion of the profits thereof; and that Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the County.

3.5 Bidders shall possess all applicable certificates or license for the work the bidder will perform, which shall be valid upon submission of the bid and at all times thereafter. In the event the Bidder is not Certified to perform any portion of the work contained within the project, the Bidder shall insure that all subcontractors possess any applicable certificate or license which shall be valid upon submission of the bid. All work required to be performed by certified subcontractors must be listed on Attachment No. 3 of the Bid Forms. All certifications must comply with current Palm Beach County Contractor Licensing Requirements. The Bidder’s License number must be shown on page BF-3 and Attachment No. 4 of the Bid Forms titled "Prime Contractor Work". Subcontractor certification or license numbers must be shown on Attachment No. 3 of the Bid Forms titled "Designation of Subcontractors".

4.0 BIDDING DOCUMENTS

4.1 Copies

4.1.1 Bidders may obtain complete sets of the Bidding Documents electronically from the Palm Beach County Department of Airports as indicated in the Invitation to Bid.

4.1.2 Bidders shall use complete sets of Bidding Documents in preparing Bids; the County assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Bidder must submit one (1) original and Two (2) photocopies of the completed bid (including all attachments).

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

IB- 6 of 20

4.2 Interpretation or Correction of Bidding Documents.

4.2.1 Bidders shall promptly notify the Owner in writing of any ambiguity, inconsistency or error which they may discover upon examination of the Bidding Documents or of the site and local conditions.

4.2.2 Bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Owner at least seven (7) days prior to the date for receipt of Bids.

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

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

4.2.3 Any interpretation, correction, or change of the Bidding Documents will be made only by Addendum. Interpretations, corrections or changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes.

4.2.4 Address all questions to:

Palm Beach County Department of Airports Gary Sypek, Director of Planning

846 Palm Beach International Airport West Palm Beach, Florida 33406-1470

561-471-7427 (fax) gsypek@pbia.org

4.2.5 Bidders shall be deemed to have accepted the bidding documents as written if no clarification or interpretation request is made as provided herein. Bidders shall be precluded from asserting any alleged ambiguity, inconsistency or error upon failure to make a timely request for clarification or interpretation.

4.3 Addenda

4.3.1 Addenda will be available electronically as noted on the Invitation of Bid. It is the Bidders responsibility to obtain all addenda required to be considered responsive.

4.3.2 Copies of Addenda will be made available for inspection at the Palm Beach County Department of Airports where Bidding Documents are on file for that purpose.

4.3.3 No addenda will be issued later than three calendar days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

4.3.4 Each Bidder shall ascertain that it has received all Addenda issued. The Bidder shall acknowledge receipt of Addenda by completing the acknowledgment space provided on the Bid Form.

IB- 7 of 20

5.0 BIDDING PROCEDURE

5.1 Prequalification Procedure

5.1.1 (Bidder): The Contractor shall have been in continuous business and a Contractor for the last five (5) years.

5.1.2 Each Bidder shall furnish, no later than the date specified on the Invitation To Bid, the Bidder’s Qualification Forms completed and signed statements pertaining to the Bidder’s competency and responsibility in accordance with the Contract Documents. In addition, the Owner reserves the right to conduct such additional investigation into the competency and responsibility of the Bidders (or any particular bidder) as the Owner may deem necessary. Each bidder shall cooperate with all such investigations. Separate Bidder’s Qualifications shall be submitted by each entity of a joint venture.

5.2 Form and Style of Bids

5.2.1 Bids shall be submitted on forms furnished by Owner. Bidder shall submit one (1) original and two

(2) photocopied sets of completed Bid Documents (including all attachments). Changes or additions to the bid, recapitulations or changes in the work bid upon, alternative proposals, or any other modifications of the Bid Form or Attachments to the Bid Form which are not specifically called for in the Bid Documents may result in the Owner's rejection of the bid as nonresponsive to the Invitation to Bid.

5.2.2 All blanks on the Bid Form and Attachments to the Bid Form shall be filled in by typewriter or manually printed in ink.

5.2.3 In the event unit price bid items are provided in the BID PRICE FORM (Attachment No. 1 to the Bid Form) and the "amount" indicated for a unit price bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly. In the event there is more than one bid item in the Bid Price Form and the total indicated therein does not agree with the sum of the prices bid for the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly. Where so indicated by the make-up of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.

5.2.4 Any interlineations, alterations or erasures must be initialed by the signer of the Bid Form.

5.2.5 All requested, Additive or Deductive Bid Items shall be bid.

5.2.6 The Bidder shall provide on Attachment No. 4 to the Bid Form, that portion of work which will be performed by the Bidder's direct hire forces.

5.2.7 Each page of the Bid Form and Attachments to the Bid Form shall include the legal name of the Bidder. The Bid Form shall also contain a statement whether the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity, and shall be signed by the person or persons legally authorized to bind the Bidder to a contract. If the Bidder is a partnership, PARTNERSHIP CERTIFICATE Attachment No. 6 to the Bid Form shall be executed. If the Bidder is a corporation, the CORPORATE CERTIFICATE, part of the CONTRACT, shall be executed.

5.2.8 In the event a Bid is submitted by two or more Bidders as a joint venture, such Bid shall be submitted in strict accordance with all applicable laws of the State of Florida and County of Palm Beach. Each bidder of the joint venture shall submit a corporate certificate (Attached to the Contract). The bid

IB- 8 of 20 shall include an original fully executed joint venture agreement, with president's signatures, secretary attestation, signed in the presence of two witnesses with witnesses' signatures for each party of the joint venture.

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

5.2.10 The list of forms on BF-1 (BID FORM AND ATTACHMENST CHECKLIST), together, comprises a Bid and must be included in the envelope containing the Bid.

5.2.11 Omission of or failure to properly complete any portion of the required forms prior to the time of Bid Opening may be cause to reject the entire Bid.

5.3 Proposal Guarantee (Bid Security)

5.3.1 Each Bid shall be accompanied by a Bid Security (in the form, at Bidder's option, of cash, cashier's check, certified check, money order or Bid Bond (Attachment No. 5) in favor of the Owner) in the amount of 5% of the base bid price pledging that the Bidder will within fourteen (14) days after Notice of recommendation to Award, enter into a contract with the Owner on the terms stated in its Bid and will furnish bonds as described hereunder in Section 8 covering the faithful performance of the Contract and the payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as penalty. . If a Bidder fails to execute a Contract for the project, the Bidder may be suspended or debarred from bidding on future projects for a period of two

(2) years, in accordance with the Palm Beach County Purchasing Ordinance. The County may further pursue any and all remedies available against the Contractor for damages resulting from its failure to enter into a contract.

5.3.2 The surety bid bond shall be written on the standard Surety Bid Bond form (attached), and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of his power of attorney. The surety bid bond may be secured through the Bidder's usual sources provided the surety must be authorized to do business in the State of Florida, shall be on the U.S. Treasury listing (Federal Register, Latest Edition), with bonding capacity in excess of the amount of the Bid. The Surety must remain listed throughout the Award period until the successful bidder is under contract to the Owner and has furnished construction and warranty bonds as requested in Section 8. Should the Surety lose its listing during this period, the contractor shall provide replacement Bond within fourteen (14) calendar days without additional costs to the Owner.

5.3.3 The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

5.4 Submission of Bids

5.4.1 All copies of the Bid, the bid security, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed as follows:

IB- 9 of 20

Palm Beach International Airport

Palm Beach County Project No. PB 22-5 Palm Beach County Department of Airports

West Palm Beach, Florida 33406-1470

5.4.2 No responsibility will be attached to the Owner for premature opening of or failure to open a bid not properly identified.

5.4.3 If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof.

5.4.4 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened.

5.4.5 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

5.4.6 Oral, telephonic, or telegraphic Bids are invalid and will not receive consideration.

5.5 Modification or Withdrawal of Bid.

5.5.1 A Bid may not be modified, withdrawn, or canceled by the Bidder for the period after opening of Bids as stipulated on the Bid Form and each Bidder so agrees in submitting its Bid.

5.5.2 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

5.5.3 Bid security shall be in an amount sufficient for the Bid as modified or resubmitted.

6.0 CONSIDERATION OF BIDS AND AWARD OF CONTRACT

6.1 Opening of Bids

6.1.1 The Bids received on time will be opened publicly and will be read aloud at the time and date identified for submission of the Bid Documents.

6.2 Rejection of Bids

6.2.1 The Board of Palm Beach County Commissioners reserves the right to reject any and all Bids, and/or to re-advertise, to waive any irregularities, informalities or technicalities therein, to negotiate Contract terms with the successful Bidder, to disregard all non conforming, non responsive, unbalanced or conditional Bids, or to accept any Bid which in the County's sole judgment will best serve the public interest. County reserves the right to cancel the award of any Contract at any time before the execution of said Contract by all parties without any liability against the County. In consideration of the County's evaluation of submitted Bids, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the County exercises its rights provided for in this subsection.

IB- 10 of 20

6.3 Award of Contract

6.3.1 Award will be made to the lowest, responsive, responsible Bidder for the total bid amount as described in 6.3.3. To be considered responsive, the bid must conform in all respects to the conditions of the Invitation to Bid and to the Instructions to Bidders, Palm Beach County Code Sections 2-51 through 2-54 as amended and to Florida Law. To be considered responsible, a Bidder must establish, to the satisfaction of the Owner, as a minimum, that it has:

6.3.1.1 all appropriate and required licenses at the time of bid,

6.3.1.2 adequate financial resources to meet the contractual obligations and will maintain same for the Contract period;

6.3.1.3 adequate equipment to perform the work properly and within the time prescribed in the Contract, and

6.3.1.4 satisfactory past performance and the necessary experience and technical qualifications in the type of work provided in the plans and specifications.

6.3.2 The County of Palm Beach, in accordance with Title VI of the Civil Rights Act of 1964 (78 Stat.

252, 42 U.S.C. §§ 2000d-2000d-4) and the regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to the invitation to Bid, disadvantaged business enterprises will be afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color, national origin, sex or sexual orientation in consideration of an award.

6.3.3 The dollar amount basis for award of this Contract shall be the Base Bid plus or minus any or all alternates selected by the County in its sole discretion. Palm Beach County reserves the option to award or rebid alternates in any sequence of at any timed deemed to be in the best interest of the County.

6.3.4 The amounts for each bid alternate shall constitute an ongoing and open offer and the prices stated in the bid proposal shall be maintained for a minimum period of one year, or the duration of the contract whichever is shorter. If the County opts to accept an alternate within the time frame identified above but after the time at which such activity fits into the Contractor's approved schedule so as to cause a time or monetary impact, the cost of the alternate can be adjusted accordingly.

However, in no instance shall the Contractor be entitled to extended home office overhead costs as a result of the County exercising this option.

6.3.5 Bids which are determined by the County to be unbalanced bids or which contain unbalanced line item pricing when compared to competitor's bids for the same item and standard industry prices, and which significantly deviate from the County's determination of acceptable line item pricing, may be rejected by the County in accordance with established County procedures.

6.3.6 The Director of Planning shall post a tabulation of bids along with intended award recommendations at the location where bids were opened.

6.4 Disqualification of Bidders - Any of the following causes is considered sufficient to disqualify a Bidder, and reject its proposal.

6.4.1 Interest by the same person in more than one bid.

6.4.2 Collusion among or between bidders.

IB- 11 of 20

6.4.3 Unbalanced bids or bids which contain unbalanced line item pricing.

6.4.4 Lack of responsibility on the part of the Bidders. (For example, no bidder would be considered responsible if it had recently failed to satisfactorily carry out any previous contract with Palm Beach County).

6.4.5 Lack of experience or capital on the part of the Bidder. Evidence of experience, ability, financial standing and machinery available may be required of any bidder.

6.4.6 Substantial evidence of bad character or dishonesty.

6.4.7 Lack of current applicable certification and/or license for the purpose of performing the specified work.

6.4.8 Any cause listed under Section 2-80.4 of the Palm Beach County Code as amended.

6.4.9 History of unsuccessful claims asserted by Bidder against public owners in the State of Florida, such as to establish a trend of improperly asserted claims.

6.4.10 Any other cause which, as a matter of law renders the Bid non-responsive or non-responsible

6.5 Protests

6.5.1 Bid tabulations and Notification from Owner, with recommended awards, will be posted at the location where bids were opened, for review by interested parties prior to submission through the appropriate approval process to the Board of County Commissioners for approval of award, and will remain posted for a period of five (5) business days. After posting, any actual or prospective bidder or proposer who is aggrieved in connection with the pending award or other element of the process leading to the award of a contract may protest to the Director of Purchasing. The protest shall be submitted within five (5) business days after posting of the award recommendation. The protest must be in writing and must identify the protestor and the solicitation and shall include a factual summary of the basis of the protest. Such protest is considered filed when it is received by the department of purchasing. Failure to file a protest to the Director of Purchasing during the 5 day posting period shall constitute a waiver of proceedings under the referenced Palm Beach County Purchasing Ordinance.

Palm Beach County Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, Florida 33406

7.0 POST BID INFORMATION

7.1 Contractor's Qualification Information

7.1.1 Bidders to whom award of a Contract is under consideration shall submit to the Owner, upon request, further company or corporate qualification information or clarification of Contractor's Qualification Statement, Financial Statement, or previous experience data.

7.2 Bidders are advised that the Palm Beach County Lobbyist Registration Ordinance prohibits a bidder or anyone representing the bidder from communicating with any Commissioner or Commissioner’s staff regarding its bid, pursuant to Palm Beach County Ordinance 2003-018, “Cone of Silence”

IB- 12 of 20

7.2.1 Bidders shall adhere to the “Cone of Silence” County Code Article VIII, generally described as “AN

ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH

COUNTY, FLORIDA, PERTAINING TO LOBBYIST REGULATIONS; PROVIDING FOR

TITLE AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR

REGISTRATION; PROVIDING FOR RECORD OF LOBBYING CONTACTS; PROVIDING

FOR CONE OF SILENCE; PROVIDING FOR ENFORCEMENT; PROVIDING FOR

PENALTIES; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR

SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND

ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.”

7.2.2 The “Cone of Silence” is in effect from the date/time of the deadline for submission of the bid, and terminates at the time that the Board of County Commissioners (BCC), or a County Department authorized to act on behalf of the Board, awards or approves a contract, rejects all bids, or otherwise takes action which ends the solicitation process.

7.2.3 The exceptions to the “Cone of Silence” specifically include contract negotiations during any public meeting; contract negotiations between any County Employee and the intended awardee; public presentations made to the Board; or any written correspondence at any time with any Employee, County Commissioners, or Advisory Board Member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process.

7.2.4 Violations of this section of the Ordinance are punishable by a fine of $250.00 per violation.

8.0 CONSTRUCTION BOND AND INSURANCE

8.1 Bond Requirements

8.1.1 The Bidder shall furnish and maintain, in full force and effect for the duration of the contract, bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder in such form and amount as the owner may prescribe. Bonds may be secured through the Bidder's usual sources provided the surety must be authorized to do business in the State of Florida, shall be on the U.S. Treasury listing (Federal Register, Latest Edition) with bonding capacity in excess of the amount of the contract. The Surety must remain listed throughout the construction and warranty period. Should the Surety lose its listing during this period, the contractor shall provide replacement Bonds within fourteen (14) calendar days without additional costs to the owner.

8.1.2 Prior to execution of a Contract, and not later than fourteen (14) calendar days after notification of recommendation to award, the successful Bidder shall furnish and maintain, in full force and effect for the duration of the contract, contract bonds to the Palm Beach County Department of Airports Director of Planning and Development as follows:

8.1.3 Performance and Payment Bonds in the amount of 100% of the Contract price.

8.1.4 Surety’s Agreement to provide Guaranty Bond in the amount of 100% of the Contract price upon completion of the Work.

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

IB- 13 of 20

8.1.6 The Surety Company, in addition to the above requirements, shall be currently listed with the United States Department of Treasury for an amount greater than the contract amount. The Contractor, at the time of his execution of the contract, shall provide, with his Contract Bonds, a copy of the Surety Company's current valid Certificate of Authority issued by the United States Department of the Treasury under SS 31, U.S.C. 9304-9308.

8.1.7 Before commencing the work, Contractor shall provide to County a certified copy of the recorded bond(s). No payment shall be made until Contractor has complied with this requirement.

8.2 Form of Bond

8.2.1 The bond shall be written on the Performance and Payment Bond Forms provided by Palm Beach County Department of Airports.

8.2.2 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of his/her power of attorney.

8.3 Insurance Requirements

8.3.1 Prior to execution of a Contract and not later than fourteen (14) calendar days after notification of recommendation to award, the successful Bidder shall furnish certificates of insurance evidencing the existence of valid,…