Polk_County_-_Bid_23-127_Bid_Package.pdf

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POLK COUNTY,

A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA

BIDDING, CONTRACT DOCUMENTS AND SPECIFICATIONS FOR:

North Central Landfill Wetlands Treatment Construction

BID FILE NO: #23-127

County Project: 5500020

ISSUE DATE: December 1, 2022

PROCUREMENT DIVISION

330 W CHURCH ST, RM 150

DRAWER AS05, P.O. BOX 9005

BARTOW, FLORIDA 33830/33831-9005

Website: www.polk-county.net

Procurement Contracts Manager: Ken Brush

E-Mail: kenbrush@polk-county.net

Main Number: (863) 534-6757

Fax: (863) 534-6789 http://www.polk-county.net/ mailto:kenbrush@polk-county.net

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BID REGISTRATION

You MUST register using this form in order to receive notice of any addenda to these documents. Please fax the completed form to the Procurement Division as soon as possible. It is the vendor’s responsibility to verify if addenda have been issued.

Bid Number and Title 23-127, North Central Landfill Wetlands Treatment Construction

Description Furnish all labor, materials, supervision, and permitting necessary for the construction a landfill leachate treatment system in accordance with plan sheets and project manual outlined in the bid documents.

Receiving Period: Wednesday, January 25, 2023, Prior to 2:00 p.m.

Bid Opening: Wednesday, January 25, 2023, 2:00 p.m.

Special Instructions: A MANDATORY pre-bid conference will be held Monday, December 19, 2022, 9:00 a.m. at the Waste & Recycling Administration building at 10 Environmental Loop Road, Winter Haven, FL 33831. A MANDATORY site visit will immediately follow.

An authorized representative or agent of the Bidder must be present at this meeting, as evidenced by their signature on the meeting’s sign-in sheet, or the Bidder’s Submittal will be considered non-responsive.

This form is for bid registration only. Please scroll down for additional information.

BIDDER REGISTRATION

EMAIL THIS FORM BACK IMMEDIATELY TO

PROCUREMENT@POLK-COUNTY.NET

Carefully complete this form and mail or fax it to the Procurement Division. You must submit one form for each bid that you are registering for.

Company Name: ______________________________________________________

Contact Person: _______________________________________________________

Mailing Address: _______________________________________________________

City: ______________ State: _____________ Zip Code: _____________

Phone: ____________ Email: ___________________________

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Table of Contents North Central Landfill Wetlands Treatment Construction

BID REGISTRATION

INVITATION FOR BID

INSTRUCTION TO BIDDERS

PART B – CONDITIONS OF CONTRACT

GENERAL CONDITIONS

ARTICLE 1 – CONTRACT DOCUMENTS

ARTICLE 2 – DEFINITIONS

ARTICLE 3 – PRELIMINARY MATTERS

3.1 Delivery of Bonds

3.2 Copies of Documents

3.3 Commencement of Contract Time; Notice to Proceed

3.4 Starting the Work

3.5 Before Starting Construction

ARTICLE 4 – CONTRACT DOCUMENTS, GOVERNING LAW AND VENUE,

INTENT, DISCREPANCIES, AMENDING AND REUSE

4.1 Precedence

4.2 Conflicts

4.3 Amending

ARTICLE 5 – PROJECT CONDITIONS

5.1 Availability of Lands

5.2 Subsurface and Physical Conditions

5.3 Limited Reliance by Contractor Authorized Technical Data

5.4 Unknown or Concealed Conditions

5.5 Physical Conditions – Underground Facilities

5.6 Reference Points

5.7 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material

Article 6 - BONDS, INSURANCE, INDEMNIFICATION

6.1 Public Construction Bond and Other Bonds

6.2 Certificates of Insurance

6.3 Contractor’s Liability Insurance

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6.4 Receipt and Application of Insurance Proceeds

6.5 Indemnification

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

7.1 Supervision and Superintendence

7.2 Labor, Material and Equipment

7.3 Substitute Material or Equipment

7.4 Concerning Subcontractors

7.5 Patent Fees and Royalties

7.6 Permits

7.7 Laws and Regulations

7.8 Taxes

7.9 Use of Premises

7.10 Record Documents

7.11 Safety and Protection

7.12 Drug Free Work Place Policy

7.13 Emergencies

7.14 Submittals and Samples

7.15 Cleaning Up

ARTICLE 8 – OTHER WORK

ARTICLE 9 – COUNTY’S RESPONSIBILITIES

ARTICLE 10 – PROFESSIONAL’S STATUS DURING CONSTRUCTION

10.1 County’s Representative

10.2 Visits to the Site

10.3 Clarifications and Interpretations

10.4 Rejecting Defective Work

10.5 Resident Engineer or Architect

10.6 Decisions on Disagreements

10.7 Limitation on Professional’s Responsibilities

ARTICLE 11 – CHANGES IN THE WORK

11.1 Changes

ARTICLE 12 – CHANGE OF CONTRACT PRICE

12.1 The Contract Price

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12.2 Cost of Work

12.3 Contractor’s Mark-Up

ARTICLE 13 – CHANGE OF CONTRACT TIME

ARTICLE 14 - UNCONTROLLABLE FORCES (FORCE MAJEURE)

ARTICLE 15 – WARRANTY AND GUARANTEE: ACCEPTANCE OF

DEFECTIVE WORK

15.1 Warranty and Guarantee

15.2 Tests and Inspections

15.3 Access to the Work

15.4 Uncovering the Work

15.5 Stop Work

15.6 Correction or Removal of Defective Work

15.7 Acceptance of Defective Work

15.8 Neglected Work by Contractor

ARTICLE 16 – PAYMENT AND COMPLETION

16.2 Application for Progress Payment

16.3 Contractor’s Warranty of Title

16.4 Approval of Payments

16.5 Substantial Completion

16.6 Beneficial Occupancy

16.7 Final Inspection

16.8 Final Application for Payment

16.9 Final Payment and Acceptance

16.10 Waiver of Claims

ARTICLE 17 – SUSPENSION OF WORK AND TERMINATION

17.1 Suspension of Work

17.2 Termination For Cause

17.3 Termination for Convenience

ARTICLE 18 – DISPUTES

ARTICLE 19 – MISCELLANEOUS

ARTICLE 22 – PERFORMANCE EVALUATION

ARTICLE 23 – ALLOWANCES

23.1 Allowance Work

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ARTICLE 24 – ANNUAL APPROPRIATIONS

ARTICLE 25 – PUBLIC RECORDS LAW

SUPPLEMENTARY CONDITIONS

SPECIAL CONDITIONS

PART D – EXHIBITS

EXHIBIT I: BID BOND

EXHIBIT II: PUBLIC CONSTRUCTION BOND

EXHIBIT III: PAYMENT OF STORED MATERIALS

EXHIBIT IV: NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

EXHIBIT V: NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR

EXHIBIT VI: AFFIDAVIT OF PERCENTAGE OF WORK

EXHIBIT VI-A: SUBCONTRACTOR LIST

EXHIBIT VI-B: GOOD FAITH EFFORT DOCUMENTATION

EXHIBIT VII: TRENCH SAFETY ACT COMPLIANCE

EXHIBIT VIII: EQUAL EMPLOYMENT OPPORTUNITY

EXHIBIT IX: DRUG-FREE WORKPLACE FORM

EXHIBIT X: SAFETY REQUIREMENTS/REGULATIONS FORM

EXHIBIT XI: APPLICATION FOR PAYMENT

EXHIBIT XII: CONTRACTOR CERTIFICATION OF DISBURSEMENT

EXHIBIT XIII: CERTIFICATE OF SUBSTANTIAL COMPLETION

EXHIBIT XIV: CERTIFICATE OF FINAL COMPLETION

EXHIBIT XV: MATERIALS AND EQUIPMENT STORED ON-SITE

EXHIBIT XVI: ALLOWANCE AUTHORIZATION RELEASE (AAR)

EXHIBIT XVII: CHANGE ORDER

EXHIBT XVIII: CERTIFICATE OF COMPLIANCE

EXHIBIT XIX: CERTIFICATION IMMIGRATION LAWS

EXHIBIT XX: STATEMENT OF NO BID

EXHIBIT XXI: SCRUTINIZED COMPANIES CERTIFICATION FORM

PART E –CONTRACT

PART F – TECHNICAL SPECIFICATIONS

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PART A – BIDDING REQUIREMENTS

INVITATION FOR BID

INSTRUCTION TO BIDDERS

1.0 Bids

1.1 Supplementary Conditions, Special Conditions, Plans, Drawings, Instructions to Bidders, the Conditions of the Contract, Exhibits, the Bid Submittal, Technical Specifications, any resulting addenda issued, and the Contract together therein identified constitute the entire “bid package” and upon award shall constitute the Contract Documents concerning this present bid matter.

1.2 The Bid Submittal must be submitted in a sealed envelope. The face of the envelope should state the Bid Title and Bid Number, the name of the company submitting the bid and the date and time of the bid opening.

Bidders are not required to return the Instructions to Bidders, Conditions of the Contract or Contract with their Bid Submittal, unless specified elsewhere in this Bid Package.

1.3 The following documents, collectively, comprise the “Bid Submittal” which, when tendered, on or before the Bid due date and time, must include:

NAME OF BID: North Central Landfill Wetlands Treatment Construction

BID NUMBER: 23-127

PUBLIC CONSTRUCTION BOND IS REQUIRED

PRE-BID CONFERENCE: A MANDATORY pre-bid will be held Monday, December 19, 2022, 9:00 a.m. at the Waste & Recycling Administration building at 10 Environmental Loop Road, Winter Haven, FL 33831. A MANDATORY site visit will immediately follow. An authorized representative or agent of the Bidder must be present at this meeting, as evidenced by their signature on the meeting’s sign-in sheet, or the Bidder’s Submittal will be considered non-responsive.

BID DUE/DATE/TIME: Wednesday, January 25, 2023, PRIOR TO 2:00P.M.

DATE/TIME OF BID OPENING: Wednesday, January 25, 2023, AT 2:00 P.M. Or As Soon As Possible Thereafter

PLACE OF BID OPENING: PROCUREMENT DIVISION, 330 WEST CHURCH

STREET, ROOM 150, BARTOW, FLORIDA 33830

DEADLINE FOR QUESTIONS FROM BIDDERS: Wednesday, January 11, 2023, at 4:00 P.M.

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• Part C – Bid Sheets and Acknowledgement Form, o With the manual signature of an authorized representative of the company or their designee, o Bid prices must be entered on the Part C – Bid Sheets and

Acknowledgement Form (no other bid submittals will be accepted), o All information requested on pages 82-86.

• Exhibit I, Bid Bond.

• Exhibit IV, Non-Collusion Affidavit of Prime Bidder.

• Exhibit VI, Affidavit of Percentage of Work (this requirement does not include

Exhibit VIA and Exhibit VIB).

• All additional information requested as a “must” item in any Addendum.

• All corrections made by the Bidder to the Bid Sheets and Acknowledgement

Form should be acknowledged by written initials of the authorized representative signing the Bid Submittal or their designee. Should a price correction not be acknowledged, lowest price will prevail.

• One original and one copy of the complete Bid Submittal must be tendered.

1.4 All additional requested information and Exhibits must be submitted within a reasonable period of time if chosen as the apparent low, responsive and responsible bidder during the Bid Analysis phase.

• These items include:

o Exhibit II, Public Construction Bond o Exhibit III, Payment of Stored Materials o Exhibit V, Non-Collusion Affidavit of Subcontractor o Exhibit VI-A, Subcontractor List o Exhibit VI-B, Good Faith Effort Documentation o Exhibit VII, Trench Safety Act Compliance o Exhibit VIII, Equal Employment Opportunity o Exhibit IX, Drug-Free Work Place Form o Exhibit X, Safety Requirements/Regulations o Exhibit XVIII, Certificate of Compliance o Exhibit XIX, Affidavit Certification Immigration Laws o Exhibit XXI, Scrutinized Companies Certification o Any items called for in the Supplementary Conditions

1.5 All prices quoted are to be F.O.B. job site in Polk County, Florida. Bid amount shall be inclusive of all costs. Nothing herein shall prohibit the County from deleting line items and purchasing said items directly from a supplier if it is determined that there is sufficient sales tax savings to make purchasing by the County practical.

1.6 It is the Bidder’s responsibility to ensure their bid is delivered at the proper time and place of the bid opening. Bids which for any reason are not so

9 | P a g e delivered will not be considered. Offers by telegram, telephone, email or facsimile are not acceptable. The bid opening shall be public, on the date and time specified under Invitation for Bid. Bid tabulations may be downloaded from the County’s web site. Each Bidder must execute their bid with their full name, and title and give their address, fax, telephone and email address. In cases where a firm or corporation submits a bid submittal, the bid submittal shall be signed with the full name of each member of the firm, or the name of the officer of the corporation authorized by its by-laws, in addition to the address of such firm or corporation and such officer.

1.7 The Bidder is solely responsible for reading and completely understanding the requirements of the Contract Documents. The bid opening time will be scrupulously observed. Under no circumstances will Bid Submittals delivered after the delivery time specified be considered. Late Bid Submittals shall not be accepted.

1.8 Bid Submittals may be withdrawn by notifying the County, in writing, at any time prior to the deadline for bid submittal. After the deadline, the bids become a record of the County and will not be returned to the Bidder unless the bid is cancelled. It is the responsibility of the Bidder to make a written request for return of the Bid Submittal after notification of cancellation.

Absent this written request, the County shall destroy the submittal.

Negligence on the part of the Bidder in preparing their Bid Submittal confers no right of withdrawal or modification of their Bid Submittal after such Bid Submittal has been opened by County Staff at the appointed time and place.

Bid Submittals and any bid security shall be in force for a period of not less than ninety (90) calendar days after the bid opening time.

1.9 At the time and place specified for the opening of Bid Submittals (see above), every Bid Submittal properly delivered within the time specified for receiving Bid Submittals will be opened and publicly read aloud, irrespective of any irregularities found therein. Bidders and other persons interested may be present or represented.

1.10 Attorneys-in-fact who sign bonds or other surety instruments must attach with each bond or surety instrument an effective and certified power of attorney.

1.11 The Bidder assumes responsibility to examine the site of the Work and become familiar with the form of Submittal, Drawings, Specifications, any Addenda issued thereto and all other forms of Contractual Documents pertaining to the proposed Work. The submission of the bid shall be sufficient to establish the presumption that the Bidder has investigated the site of the Work and is satisfied as to all conditions to be encountered, the character, quantity and quality of the work to be performed and materials furnished in the completion thereof. No pleas of ignorance of conditions or

10 | P a g e difficulties that may be encountered in the execution of the Work pursuant to this bid package as a result of failure to make necessary and reasonable examinations and investigations will be accepted as an excuse for any failure or omission on the part of the successful Bidder to fulfill, in every detail, all of the requirements of the Contract Documents; nor will they be accepted as a basis for any claims whatsoever for extra compensation or for any extension of time. Prior to the time specified for receiving bid submittals any interpretation or modifications of the proposed Contract documents will be made only by Addendum. The County will send a courtesy notification when addenda are issued to each person to whom attended a mandatory or non-mandatory pre-bid meeting, if applicable; and/or submitted Bidder Registration. It is the sole responsibility of the Bidders to check the County’s website at https://www.polk-county.net/procurement/bids “Notice of Bids” to ensure that all available information, addenda, has been received prior to submitting a bid. The County shall not be responsible for oral instructions.

1.12 The Bid Bond shall be for 5% of the amount bid and shall be submitted with the Bid Submittal. The Public Construction Bond shall be for 100% of the amount bid and, if called out in the contract, the allowance amount; and shall be submitted to Procurement along with the executed contract documents as outlined under section 11.0, Approval of Contract. The Bid Bond and Public Construction Bond shall be executed by a surety authorized to do business in the State of Florida and as named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department and A.M. Best rated A VIII or better.

All bonds signed by an agent must be accompanied by a certified copy of authority to act and indicate that they are licensed to do business in the State of Florida.

1.13 Unless exempt under Florida Statute, Bidder should furnish a copy of either their State of Florida Contractor Certification or their Florida Registration showing they are licensed in Polk County with its Bid Submittal. The Certification or Registration must be current and effective as of the Bid Submittal date and must be maintained throughout the life of the contract.

2.0 Pre-Qualifications

2.1 When a mandatory pre-bid meeting is specified, all Bidders must register prior to the conclusion of the meeting. Failure to do so will disqualify the firm from bidding. If there is a mandatory site visit, the Bidder must initial the registration sheet prior to completion of the visit to the site. An authorized representative or agent of the Bidder must be present at this meeting, as evidenced by their signature on the meeting’s registration sheet, or the Bidder’s Submittal will be considered non-responsive.

https://www.polk-county.net/procurement/bids

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2.2 It is the Bidder’s responsibility to ensure that they comply with the above requirements.

3.0 Joint Venture

If a Joint Venture is contemplated, the Joint Venture Agreement between the parties must be submitted with the bid and the bid must be submitted in the name of the Joint Venture. Otherwise, the bid will be considered non-responsive.

4.0 Bid Errors

Where Bid Submittals have erasures or corrections, each erasure or correction should be acknowledged by written initials of the authorized representative signing the Bid Submittal or their designee. The County reserves the right to reject any Bid Submittal with such erasures or corrections where the accuracy or intent of said Bid Submittal as corrected cannot be determined by County staff. In the case of unit price contracts, if an error is committed in the extension of an item, the unit price as shown in the Bid Submittal will govern. The County staff will verify the extension of the unit prices to verify the correct amount. The County’s figures shall prevail.

5.0 No Bid

Should the bidder decide there is no interest in bidding, they should return the “Statement of No Bid”.

6.0 Discounts

Discounts shall not be considered in determining the lowest net cost for bid evaluation purposes.

7.0 Material and Construction

All material, equipment and construction furnished shall be new and shall be of good quality, workmanship and material. If silent in specifications, then the most acceptable industry-standard product shall be furnished and installed.

8.0 Conflict of Interest

The award hereunder is subject to the provisions of Florida Statutes, Chapter 112. All Bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the County or any of their agencies. All Bidders must disclose the name of any County employee who owns, directly or indirectly, any interest of any amount in the Bidder’s firm or any of their branches.

9.0 Assignment of Contract

Bidder may not make any assignment of the resulting Contract between parties, in whole or in part, without prior written authorization as may be given at the sole discretion of the County.

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10.0 Recommendation of Bid Award/Rejection of Bids

10.1 A bid may be recommended for award by the Procurement Director to the lowest responsive and responsible Bidder, provided that Bidder’s bid submittal is considered (within the sole discretion of said Procurement Director) reasonable, in the best interest of County to recommend, and no bid protest has been filed. Unless otherwise noted, the basis of recommendation will either be the Base Bid, the Base Bid plus all alternates or any combination thereof, whichever is in the best interest of the County or may be determined by the availability of funds. Should the basis of award be the Base Bid plus selected alternates, the priority of the selection of those alternates will be set forth in the Supplementary Conditions if applicable. The successful Bidder to whom a bid is recommended for award will be so notified by County staff. The Procurement Director, however, at their sole discretion, reserves the right to reject any and all bid submittals or to waive any informality concerning the bid submittal whenever such rejection or waiver is in the best interest of the County. The Procurement Director, likewise, reserves the right to reject the bid submittal of any Bidder who has previously failed to perform properly or to complete on time, contracts of a similar nature; or who is not in a position to perform the contract; or who has habitually and without just cause neglected the payment of bills or otherwise disregarded its obligations to subcontractors, materialmen or employees.

10.2 As part of the recommendation of award by the Procurement Director, any actual bidder or proposed bidder who is allegedly aggrieved in connection with the solicitation or pending recommendation of award of a contract may protest to the Procurement Director, in accordance with the Procurement Policies and Procedures Manual. The procedures are available at the Polk County Procurement Division at (863) 534-6757. Any person who wishes to file a protest regarding the recommendation of award may do so by submitting a non-refundable cashier’s check in the amount of $1,000.00 with their initial protest. Failure to follow the bid protest procedure requirements with the time frames prescribed herein as established by Polk County, Florida, shall constitute a waiver of your protest and any resulting claims. If no protests are received, the Procurement Director will work with the Procurement Analyst assigned to this bid to coordinate that the contract documents are executed by the recommended Bidder and placed on a Board agenda for approval by the Board and execution by the Chairman of the Board.

11.0 Approval of Contract

The recommended Bidder will be required to execute the contract documents as outlined in the bid package including, the Public Construction Bond, all signed exhibits and other required information stated in the supplemental conditions or any addendums.

The executed documents should be returned to Procurement within 10 working days of the documents being sent by Procurement to the Bidder for execution. After the

13 | P a g e executed documents are received back by Procurement they will be given to the County Attorney’s Office for approval to be added to a Board agenda for Board approval and execution by the Chairman of the Board.

All contracts are subject to final approval of the Polk County Board of County Commissioners. Persons or firms which incur expenses or change position in anticipation of a contract prior to the Board’s approval do so at their own risk.

12.0 Security Forfeiture

If after Bidder’s receipt of a notice of recommendation for award the successful Bidder refuses or otherwise neglects to execute and deliver the required Contract documents, including the Public Construction Bond, all signed exhibits, required insurance documents and other required information stated in the supplemental conditions or addendums within a reasonable time, the amount of the Bidder’s bid security (Bid Bond) shall be forfeited and the recommendation of award will be cancelled if such action is deemed to be in the best interests of the County. The Procurement Director will make the determination of “a reasonable time”. It is recommended that the executed contract documents be returned to Procurement within 10 working days of the documents being sent by Procurement to the recommended Bidder for execution. No plea of mistake in the bid or misunderstanding of the conditions of forfeiture shall be available to the Bidder for the recovery of their bid security or as a defense to any action based upon the neglect or refusal to execute the required agreement or furnish the required bonds and insurance certification.

13.0 Laws, Codes and Regulations

The Bidder shall familiarize itself and comply with all Federal, State, County and City laws, codes, ordinances or regulations controlling the action or operation of those engaged in the Work, or affecting materials or methods used, and govern itself in accordance with them. If the Bidder observes that there are conflicts between the Drawings and Specifications or between any other documents, they shall promptly notify the County in writing prior to the Bid Receiving Date. Failure of the Bidder to notify the County of these variances shall not provide relief for compliance to the document as may be interpreted by the County. The Bidder shall hold harmless, to the fullest extent permitted by Florida Law, the County and all of its officers, agents or servants against any claims or liability arising from, or based upon the violations of any such laws, by-laws, ordinances, regulations, orders or decrees, whether by itself or their employees.

14.0 Safety Requirements/Regulations

14.1 All Bidders are required to submit with their Bid Submittal or prior to award, Exhibit X, Safety Requirements/Regulations which states that if the firm falls under the Occupational Health and Safety Administration (OSHA) Regulations, as interpreted by OSHA, the successful contractor will be able

14 | P a g e to provide, at the request of the County, a copy of their OSHA 300 Log for the past three (3) years, a copy of the Workers Compensation Modification Rate; a copy of the Contractor’s Safety and Health Program, and a copy of the Contractor’s Drug Free Workplace Program. Any questions regarding the compliance with this provision shall be directed to Polk County Safety and Loss Control Coordinator, Risk Management Division, (863) 534-5267.

14.2 The Bidder is hereby notified that if awarded the bid and it involves work such as maintenance, repair, turnaround, renovation, construction or engineering on chlorine disinfection facilities or other covered process(es) must be able to provide, at the request of the County, the following items for review: OSHA 300 Log for past five (5) years, current safety program, training program and experience with other related processes. Documented evidence showing compliance with confined space entry, lockout/tagout, emergency response and safe work is required. All contract workers must comply with the facility’s safe work practices and controls outlined in the facility safety manual and operating procedures.

14.3 The Bidder is hereby notified that if awarded the bid they shall be responsible for maintenance of traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the Work. The Contractor shall construct and maintain detours and provide facilities for access to residences, businesses, etc., along the project. The contractor shall furnish, install and maintain traffic control and safety devices during construction, furnish and install work zone pavement markings for maintenance of traffic in construction areas, and provide any other special requirements for safe and expeditious movement of traffic specified on the plans. Maintenance of Traffic includes all facilities, devices and operations as required for safety and convenience of the public within the work zone.

Refer to Florida Department of Transportation’s (FDOT) latest edition of the Standard Specifications for Road and Bridge Construction and the latest version of the Manual on Uniform Traffic Control Devices (MUTCD) for the minimum national standard for traffic control for highway construction, maintenance, and utility operation.

15.0 Liquidated Damages

Bidders are hereby advised that if the Contract documents so indicate, a reasonable amount for liquidated damages may be assessed for Contractor’s failure to meet stated specifications, schedule, or other relevant issues as determined by the County.

Information regarding the composition of liquidated damages can be found in the Supplementary Conditions. The liquidated damages are not intended as a penalty.

16.0 Standard Basis for Bidding

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Where a particular system, product or material is specified by name, it shall be considered as a standard basis for bidding and as the most satisfactory for its particular purpose. Where two or more products, materials or manufacturers are specified by name, each shall be considered as a predetermined equal and acceptable for its particular purpose; and the bidder may use any of the listed items within their bid.

17.0 Preconstruction Conference

After the Board has approved the Bidder’s executed contract and prior to the start of construction, a joint meeting may be held with representatives of the successful Bidder, the County and other invited parties or government agencies which may be affected by or have jurisdiction over the Work.

18.0 Florida Public Entity Crime Statute

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 or 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 Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. [(Florida Statutes Section 287.012(11)(16), Section 287.058, Section 287.133, paragraph (2)(a)] By submitting this bid, bidder hereby certifies that they have complied with said statute.

19.0 Preference for Drug-Free Workplace

Whenever two or more bids which are equal with respect to price, quality and service are received; preference shall be given to a bid received from a business that certifies that it has implemented a drug-free workplace program in accordance with Florida Statutes, Section 287.087. If there are two or more bids that are equal and also certifies as a drug free workplace, then the tie bid shall be broken as per the Polk County Procurement Procedures.

20.0 Requirement to list Subcontractors

The successful Contractor shall provide a list of all proposed subcontractors, other persons or entities (including those who are to furnish materials or equipment fabricated to a special design), the associated costs, and company classification on Exhibit VI-A, Subcontractor List, upon request by Procurement Staff. Exhibit VI-A may be requested during the bid analysis and again at the project close-out. The list must contain all subcontracted areas of work including those areas of work being self-performed. The

16 | P a g e total of work noted on this list must match the bid amount stated on Part C, Bid Submittal.

In addition, the successful Contractor should provide documentation reflecting their “Good Faith Effort” in securing the services of minority owned businesses for any appropriate subcontracted areas of work. This documentation shall be noted on Exhibit VI-B, Good Faith Effort, and shall be provided upon request by Procurement Staff.

21.0 Women/Minority Business Enterprise Outreach (WMBE’s)

The County hereby notifies all Bidders that W/MBE’s are to be afforded a full opportunity to participate in any bid by the County and will not be subject to discrimination on the basis of race, color, sex or national origin. The County asks that Bidders make good faith efforts to use qualified W/MBE subcontractors in preparing their bid. The W/MBE’s must be identified as such on the subcontractors list. Bidders are encouraged to contact the Supplier Diversity Office, at (863) 534-5959 for assistance. If a Bidder makes a good faith effort to find and utilize qualified W/MBE subcontractors, but is not successful, they have fulfilled the Good Faith Effort required.

Good Faith Effort shall be described as the effort put forth by bidders on construction bids to solicit prices from women/ minority contractors.

22.0 Equal Opportunity for Contractors and Subcontractors

Pursuant to U.S. Executive Order 11246, as amended, you are advised that under the provisions of government contracting, and in accordance with the Executive Order, contractors and subcontractors are obliged to take affirmative action to provide equal opportunity without regard to race, creed, color, national origin, age or sex.

23.0 Additions/Revision/Deletions

Additions, revisions or deletions to the general conditions, specifications or bid price sheets by a Bidder that change the intent of the bid will cause the bid to be non-responsive and the bid will not be considered. The Procurement Director shall be the sole judge as to whether or not any addition, revision, or deletion changes the intent of the bid.

24.0 Unit Prices

Unless otherwise stated in this document unit prices will be utilized to adjust the total compensation due the successful Bidder based on actual quantities provided as part of the Work and verified by the County. Significant changes in quantities, including deletion of any particular item are possible. Negotiation of unit prices shall not be allowed except under conditions of Force Majeure, where those conditions are sufficiently documented to the full satisfaction of the County. No other claim to negotiate unit prices will be considered.

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25.0 Code of Ethics

If any bidder violates or is a party to a violation of the code of ethics of the County or the State of Florida, with respect to this bid, such bidder may be disqualified from performing the work described in this bid or from furnishing the goods or services for which the bid is submitted and shall be further disqualified from bidding on any future bids for work, goods, or services for the County.

26.0 Questions

All questions must be submitted in writing and addressed to the appropriate person in the Procurement Division by the specified date and time as listed on page IB-1. The bid cover sheet provides the name of the Procurement Division contact person, as well as their phone number, fax number and e-mail address.

27.0 Bid Protest

Procedures for filing a protest may be obtained from the County’s Procurement Division.

Failure to follow the bid protest procedure requirements within the time frames prescribed herein as established by the County shall constitute a waiver of the Bidder’s right to protest and any resulting claims.

28.0 Local Preference

It is the policy of the Board of County Commissioners to afford local preference to Polk County entities in the award of bids. Preference shall be administered in accordance with the following:

When bids are received that do not exceed $3,000,000.00, and the lowest price is offered by an entity located outside of Polk County, and the next lowest price is offered by an entity located in Polk County, and is within 2% of the lowest price offered, then the Polk County entity shall be given the opportunity to match the lowest price offered, and if agreement to match the lowest price is reached, the Polk County entity will be awarded the bid if the Polk County entity is otherwise fully qualified and meets all county requirements.

When bids are received that are greater than $3,000,000.00 but do not exceed $5,000,000.00, and the lowest price is offered by an entity located outside of Polk County, and the next lowest price is offered by an entity located in Polk County, and is within 1% of the lowest price offered, then the Polk County entity shall be given the opportunity to match the lowest price offered, and if agreement to match the lowest-price is reached, the Polk County entity will be awarded the bid if the Polk County entity is otherwise fully qualified and meets all county requirements.

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When bids are received that are greater than $5,000,000.00, and the lowest price is offered by an entity located outside of Polk County, and the next lowest price is offered by an entity located in Polk County, and is within .5% of the lowest price offered, then the Polk County entity shall be given the opportunity to match the lowest price offered, and if agreement to match the lowest price is reached, the Polk County entity will be awarded the bid if the Polk County entity is otherwise fully qualified and meets all county requirements.

For purposes of this provision the term "Polk County entity" means any business having a physical location within the boundaries of Polk County, Florida, at which employees are located and business activity is managed and controlled on a day to day basis.

Additionally, the business must have been located within the boundaries of Polk County for a minimum of 12 months prior to the date the applicable solicitation is issued. This requirement may be evidenced through a recorded deed, an executed lease agreement, or other form of written documentation acceptable to the County. The County shall have the right, but not the obligation, to verify the foregoing requirements.

If a contract is being funded in whole or in part by assistance of any federal, state or local agency which disallows local preference, the County will adhere to those requirements by not applying this section.

This policy does not apply if this bid qualifies as a Sheltered Market bid.

29.0 Vendor Preference

It is the policy of the Board of County Commissioners to afford vendor preference to women or minority owned entities in the award of bids. Preference shall be administered in accordance with the following:

When sealed bids are received that do not exceed $3,000,000.00, and the lowest price is offered by a non-women or minority owned entity located outside of Polk County, and a price is offered by a women or minority owned entity that is within 2% of the lowest price offered, then the women or minority owned entity shall be given the opportunity to match the lowest price offered, and if agreement to match the lowest price is reached, the women or minority owned entity will be awarded the bid if the women or minority owned entity is otherwise fully qualified and meets all County requirements.

When sealed bids are received that are greater than $3,000,000.00 but do not exceed $5,000,000.00, and the lowest price is offered by a non-women or minority owned entity located outside of Polk County, and a price is offered by a women or minority owned entity that is within 1% of the lowest price offered, then the women or minority owned entity shall be given the opportunity to match the lowest price offered, and if agreement to match lowest price is reached, the women or minority owned entity will be awarded the bid if the women or minority owned entity is otherwise fully qualified and meets all County requirements.

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When sealed bids are received that are greater than $5,000,000.00, and the lowest price is offered by a non-women or minority owned entity located outside of Polk County, and a price is offered by a women or minority owned entity that is within .5% of the lowest price offered, then the women or minority owned entity shall be given the opportunity to match the lowest price offered, and if agreement to match lowest price is reached, the women or minority owned entity will be awarded the bid if the women or minority owned entity is otherwise fully qualified and meets all County requirements.

The term “Women or Minority Owned Entity” means any business having at least 51% ownership by women or minority group members who independently control the management and day-to-day operations of the firm. Group members are Females, African Americans, Hispanic Americans, Asian-Pacific Americans, Native Americans, and Asian-Indian Americans.

If a contract is being funded in whole or in part by assistance of any deferral, state or local agency which disallows this form of preference, the County will adhere to those requirements by not applying this section.

This policy in no way supersedes the Local Preference Policy.

This policy does not apply if this bid qualifies as a Sheltered Market bid.

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Cut along the outer border and affix this label to your sealed bid envelope to identify it as a “Sealed Bid”. Be sure to include the name of the company submitting the bid where requested.

SEALED BID ● DO NOT OPEN

SEALED BID NO.: 23-127

BID TITLE: North Central Landfill Wetlands Treatment Construction

DUE DATE/TIME: Wednesday, January 25, 2023, prior to 2:00 p.m.

SUBMITTED BY: ________________________________________________

(Name of Company)

DELIVER TO: PROCUREMENT DIVISION

330 WEST CHURCH STREE, ROOM 150

BARTOW, FLORIDA 33830

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PART B – CONDITIONS OF CONTRACT

GENERAL CONDITIONS

ARTICLE 1 – CONTRACT DOCUMENTS

1.0 The Contract Documents comprise the entire contract between the County and the Contractor.

ARTICLE 2 – DEFINITIONS

2.0 Whenever used in any of the Contract Documents, the following meaning shall be given to the terms herein

2.1 The term “Addendum” or “Addenda” means any changes, revisions or clarifications of the Contract Documents which have been duly issued by the County to prospective Bidders prior to the time of receiving Bids.

2.2 The term “Allowance Authorization Release” means the written pre-approval forms signed by the County Manager or their designee for all allowance work.

2.3 The term “Allowance Work” means work that may not have been in the specifications and is deemed by the County to be necessary.

2.4 The term “Application for Payment” means the pay request accepted by the Professional and the County which is to be used by the Contractor in requesting progress or final payments that is accompanied by such supporting documentation as is required by the Contract Documents.

2.5 The term “Bid Submittal” means the offer or submittal of the Bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed.

2.6 The term “Bonds” means the Bid and Public Construction Bond and other instruments of security furnished by the Contractor and its Surety in accordance with the Contract Documents.

2.7 The term “Change Order” means any change that requires the County’s approval and either includes a change in the work or a change in the Contract Time.

2.8 The term “Construction Change Directive” means any change initiated by the County where a change order has not been agreed to between the County and the Contractor.

2.9 The term “Contract” means the Contract executed by the County and the Contractor.

2.10 The term “Contractor” means the person, firm or corporation entering into the Contract with the County to construct and install the improvements embraced in this Contract.

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2.11 The term “Contractor Certification of Disbursement of Previous Progress Payments to Subcontractors and Suppliers” means the form that the Contractor must execute and submit with each Application for Payment certifying that the Contractor has paid all Subcontractors and Suppliers their respective pro rata share of all previous payments (to include payments of retainage) that the County has made to Contractor for Work that has been satisfactorily completed.

2.12 The term “Contract Documents” means and shall include the following: Special Conditions, Plans, Drawings, Relocation Schedule Permits, Instruction to Bidders, General Conditions, Exhibits, Supplementary Conditions, Technical Reports, Technical Specifications, Bid Submittal, Bid and Public Construction Bonds, all Addenda issued by the County, Certificates of Insurance, Permits, Notice of Award, Allowance Authorization Release Form, Change Order Form, Substantial Completion Form and Final Completion Form duly delivered after execution of Contract.

2.13 The term “Contract Time”, unless otherwise provided, means the period of time including adjustments by Change Order, allotted in the Contract Documents for substantial completion of the work.

2.14 The term “County” means Polk County, a political subdivision of the State of Florida, and its authorized designees, agents or employees.

2.15 The term “Day” may be either a working day or a calendar day as defined in the bid documents. When the Contract Time is specified as calendar days, workdays will be established in the supplementary conditions. Workdays are defined as those days of the week and hours of the day that the Contractor may perform the scope of work defined in the Bid Document. If a workday day shall fall on a County Holiday that day shall be omitted from the computation of days for Contract Time. County Holidays are: New Year’s Day, Martin Luther King Day, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving day, the Friday following Thanksgiving Day, Christmas Eve and Christmas Day, all as adopted by the Board of County Commissioners.

2.16 The term “Drawings” means the Drawings or plans listed in Part F.

2.17 The term “Effective Date of the Contract” means the date on which the contract has been approved by the Board and executed by the Chairman of the Board.

2.18 The term “Field Order” means a written direction to the Contractor from the Professional that modifies Drawings and Specifications without changing Contract Price or Contract Time.

2.19 The term “Free on Board” (FOB) means the cost of the goods including the shipment to the job site.

2.20 The term “Good Faith Efforts” means documented efforts to secure the participation of women and/or minority-owned subcontractors utilizing available resources to assist Bidder.

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2.21 The term “Lump Sum” means that portion of the total contract amount that is fixed as a result of the amount of the bid submitted by the Contractor. If there is no “Allowance for Work” this amount is the total Contract amount. If there is an “Allowance for Work” then the bid price and the amount of the “Allowance for Work” becomes the total Contract amount.

2.22 The term “Not to Exceed” means that portion of the total Contract amount described as “Allowance for Work” that along with the amount of the bid submitted by the Contractor becomes the total Contract amount. Changes in the Work submitted by the Contractor that are eligible and approved for funding from the “Allowance for Work” shall not exceed the amount provided a “Allowance for Work” either in a single request or cumulative during the performance of the Work.

2.23 The term “Notice of Award” means the written notice issued by the County to the successful bidder.

2.24 The term “Notice to Proceed” means a written notice issued by the Procurement Division to the Contractor fixing the date on which the Contract Time will commence and the Contractor shall start to perform the obligations under the Contract Documents, unless otherwise specified in the Notice to Proceed. The actual Start Date shall be within ten (10) days of Notice to Proceed date or when all applicable permits have been secured, unless otherwise stated.

2.25 The term “Professional” means the architectural/engineering firm or individual retained by the County or in-house designated person designated to perform the design and/or resident engineering services for the Work. The Professional can also serve as the Project Manager.

2.26 The term “Project Area” means the area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract.

2.27 The term “Project Manager” means the Polk County representative in charge, employed by the County, for the purpose of directing or being in charge of the work embraced in this Contract.

2.28 The term “Procurement Director” means the Director of Polk County Procurement Division or their authorized representatives.

2.29 The term “Start Date” means the date of commencement of the work.

2.30 The term “Subcontractor” means a person or entity who has a direct contract with the Contractor to perform a portion of the Work, to include a person or entity who provides equipment to support completion of the Work under an equipment-rental agreement.

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2.31 The term “Supplier” means a person or entity that furnishes materials or equipment that is incorporated into the Work or that is stockpiled within the Project Area or a nearby vicinity for which the County has made partial payment.

2.32 The term “Technical Reports” means the reports issued by the County or the Project Manager consisting of written technical material such as soil reports.

2.33 The term “Work” means the entire completed construction, or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor; furnishing and incorporating material and equipment in the construction; performing or furnishing services; and furnishing documents, all as required by the Contract Documents.

ARTICLE 3 – PRELIMINARY MATTERS

3.1 Delivery of Bonds

3.1.1 When the Contractor delivers the executed Contract to the County, the Contractor shall also deliver to the County such Bonds and insurance as may be required in accordance with these Contract Documents.

3.2 Copies of Documents

3.2.1 After the award of the Contract, the County shall furnish the Contractor, one set of Contract Documents for execution of the work.

3.3 Commencement of Contract Time; Notice to Proceed

3.3.1 The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the execution of the Contract by the Chairman of the Board of County Commissioners and after a pre-construction meeting, if applicable.

3.4 Starting the Work

3.4.1 The Contractor shall begin the Work on the start date established. No work shall be done prior to the date on which the Contract Time commences. Any work performed by the Contractor prior to the date on which Contract Time commences shall be at the sole risk of the Contractor.

3.5 Before Starting Construction

3.5.1 Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents; check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report, in writing, to the Professional and the County any conflict, error, ambiguity or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification

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