Qualification Application - Annual Flooring 07.23.26.pdf

Form Revised 04/02/26 Qualification Application Annual Contract Non-Federal

Palm Beach County

Capital Improvements Division

QUALIFICATION APPLICATION

ANNUAL CONTRACT – FLOORING SERVICES

PROJECT #: P-2026-000035

PALM BEACH COUNTY

CAPITAL IMPROVEMENTS DIVISION

CHECKLIST FOR QUALIFICATION APPLICATION

(FLOORING SERVICES)

1. RETURN THE FOLLOWING FORMS WITH COMPLETED APPLICATION:

Authorization

Applicant Profile

Construction Experience

Licenses

Current Projects

Work History

Certification of Business Location

Nongovernmental Human Trafficking Affidavit

Application Certification

2. EXPERIENCE

The firm must have a minimum of two (2) years relevant business experience.

The firm successfully completed at least eight (8) flooring projects of similar scope and complexity, with a minimum value totaling $100,000 in workload per year for each of the previous two (2) years.

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

Principal, Supervisory Personnel, and Project Managers assigned to the work must demonstrate a minimum of five (5) years of relevant experience in projects of similar scope and complexity.

3. LITIGATION

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

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

4. FINANCIAL

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

5. LICENSURE AND CERTIFICATION

The firm must possess a valid building contractor’s license, a valid certified or registered general contractor’s license (CGC) or must be registered with the Palm Beach County Contractor Regulations

Division as an installer for flooring for a minimum of two (2) years in Florida.

The firm, if a Palm Beach County certified SBE, must provide a copy of its current, valid Palm Beach County SBE Certification.

USEFUL LINKS/NOTES: Capital Improvements Division maintains annual construction contracts in fourteen (14) trade areas. See below table.

1. Asbestos Abatement 2. Asphalt, Pavers &

Pathways

3. Demolition 4. Electrical

5. Fire Alarm Replacement 6. Flooring 7. HVAC 8. IAQ Remediation

9. Low Voltage 10. Minor Construction 11. Overhead Door Replacement 12. Painting & Weatherproofing

13. Plumbing 14. Roofing

Vendors that are not yet pre-qualified and that are interested in submitting responsive bids for open projects for the trades listed above must do the following:

1. Attend pre-bid meeting for the advertised project, if required, and

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

To register your firm with Palm Beach County’s Vendor Self Service System, click the following link:

1. https://pbcvssp.pbc.gov/vssprd/Advantage4

2. https://www.pbcgov.org/pbcvendors https://pbcvssp.pbc.gov/vssprd/Advantage4 https://www.pbcgov.org/pbcvendors

TABLE OF CONTENTS

ANNUAL FLOORING SERVICES CONTRACT

PROJECT #: P-2026-000035

1. ADVERTISEMENT FOR QUALIFICATION

2. GENERAL INFORMATION

3. MINIMUM CRITERIA

4. QUALIFICATION APPLICATION

5. INSTRUCTIONS TO BIDDERS

6. SAMPLE FORMS:

a. Annual Contract

b. Advertisement for Bid/Quote under Annual Contract

c. Invitation for Bid/Quote – Annual Contract

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

e. Work Order

f. Public Construction Bond

g. Form of Guarantee

h. General Conditions

Form Revised 10/18/24 Qualification Application Annual Contract Non-Federal

Annual Contract - Advertisement for Qualification Page 1 of 2 Form Revised 06/16/25 Non-Federal Funds

ADVERTISEMENT FOR QUALIFICATION FOR ANNUAL CONTRACT

FOR FLOORING SERVICES

Notice to Interested Contractors. Sealed packages, consisting of the Qualification Documents for an Annual Contract for Flooring services, will be received by the Board of County Commissioners, Palm Beach County, Florida, until 2:00 P.M. on March 4, 2026 at Palm Beach County Facilities Development and Operations Department Capital Improvement Division at 2633 Vista Parkway, West Palm Beach, Florida. The Qualification Documents received by this time will be opened in accordance with this Notice and the instructions in the Qualifications Documents at 2:00 P.M. at the above address.

General Description of the Work. The Qualification will be for an Annual Contract to provide the following services to the County on an as needed basis: flooring repairs and/or replacements, which may include carpet, carpet tile, sheet goods, base goods, and installation accessories.

General Terms. The specific magnitude of the Work will be determined by individual Work Orders issued by Palm Beach County against this Annual Contract. It is anticipated that Work Orders will be generally less than $100,000 each, but may be larger. This Annual Contract may be awarded for up to five (5) years with an initial not-to-exceed cumulative amount of $5,000,000.

Open Qualification. It is the current intention of the Board to establish a list of Qualified Contractors under this Annual Contract, but additional Qualified Contractors may be added by the County at any time and contractors may submit a Qualifications Application package at any time during the term of this Annual Contract. A contractor must be determined to be qualified by the County in order to submit quotes/bids for future Work Orders covered by this Annual Contract.

ANNUAL CONTRACT – FLOORING SERVICES

PROJECT: P-2026-000035

Qualification Application. All conditions and requirements for submission, consideration, and award including SBE requirements and bonding requirements are contained in the Contract Documents. The Contract Documents including the Qualification Application and Instructions may be downloaded from the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.pbc.gov/vssprd/Advantage4. Or, the Contract Documents including the Qualification Application may be obtained by sending an email with the Project # in the subject line to: FDO-CID-Bids@pbc.gov or call (561)233-0261.

Licenses. At the time of submission of the Qualification Application package, the contractor must possess all professional licenses or certifications required by the State of Florida and/or Palm Beach County, as applicable, for performing the following specified services: flooring repairs and/or replacements.

Bonding Requirements. Qualification packages must be submitted on the forms provided by Palm Beach County. No Bid Security or Public Construction Bond is required with the

Annual Contract - Advertisement for Qualification Page 2 of 2 Form Revised 06/16/25 Non-Federal Funds

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

ATTEST:

MICHAEL A. CARUSO, CLERK & BOARD OF COUNTY COMMISSIONERS

CONTROLLER PALM BEACH COUNTY, FLORIDA

PUBLISH: Palm Beach Post

Wednesday: February 11, 2026 Wednesday: February 18, 2026 mailto:FDO-CID-Bids@pbcgov.org mailto:FDO-CID-Bids@pbcgov.org

Form Revised 04/02/26 Qualification Application Annual Contract Non-Federal

INSTRUCTIONS TO APPLICANTS

1. Each item must be answered in full, and wherever explanation is requested it must be given in detail.

2. Failure to fill in any item will cause delay by having to return the application for completion.

3. Signatures are required on pages 7, 15, 16, and 17.

4. Do not use any substitute forms. No other form or statement will be accepted.

5. Provide complete answers. If sufficient space is not provided, insert additional pages.

6. Only pages 7 – 17 are to be returned.

Annual Contract-Instructions to Bidders Page 1 of 28

Form Restricted 04/02/26 Non-Federal

PALM BEACH COUNTY

ANNUAL CONTRACT

INSTRUCTIONS TO BIDDERS

PROJECT NO: P-2026-000035

SECTION DESCRIPTIONS

1. DEFINITIONS

2. LICENSES, BUSINESS TAX, POLICY REGARDING SUBCONTRACTORS

3. BIDDER'S REPRESENTATIONS

4. BIDDING DOCUMENTS

5. BIDDING PROCEDURE

5.3 SMALL BUSINESS DEVELOPMENT (SBD) PROGRAM

6. CONSIDERATION OF QUOTES/BIDS AND AWARD OF WORK ORDERS

UNDER ANNUAL CONTRACTS

7. TIME

8. PUBLIC BID DISCLOSURE COMPLIANCE FEES

9. LIQUIDATED DAMAGES

10. LOBBYING

11. RESERVED

12. CRIMINAL HISTORY RECORDS CHECK

13. PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL

14. ANNUAL CONTRACTS – SPECIAL CONDITIONS

15. DEPARTMENT SPECIFIC INSTRUCTIONS

Attachment A – Affirmative Procurement Initiatives (APIs)

Attachment B – Waiver Request and Good Faith Efforts

Annual Contract-Instructions to Bidders Page 2 of 28

1.0 DEFINITIONS

Throughout this document, the phrase “Invitation for Quote” may be used interchangeably with the phrase “Invitation for Bid”.

Capitalized Terms not defined in these Instructions to Bidders will have the meaning as defined in the Contract Documents.

1.1 Addenda are written or graphic instruments issued by the County via the Department prior to the submission of quotes/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, must insert the same into the Bidding Documents.

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

1.3 An Annual Contract is a construction contract that is procured in a multi-step bid process.

Step one of the process involves the qualification of contractors to perform certain types of work for the County on an as needed basis (“Qualification Application”). All contractors determined to be qualified by the Department (“Qualified Contractors”) may be awarded a contract to perform certain types of work for the County. Step two of the process involves Invitations for Quotes/Bids for specific projects that are sent to all Qualified Contractors for bid. A Qualified Contractor with the lowest responsive quote/bid to an Invitation for Quotes/Bids may be awarded a Work Oder for a specific project under its annual contract.

1.4 The Base Bid is the sum stated in the Bid, or Quote, 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.

1.5 The terms Bid or Quote may be used interchangeably and mean a complete and properly signed offer to do the Work or designated portion thereof, for the sums stipulated therein, submitted in accordance with the Bidding Documents.

1.6 The term Bidder means one who submits a Quote/Bid directly to the County in response to an Invitation for Quotes/Bids under an Annual Contract, as distinguished from a sub-bidder who submits a bid to a Bidder.

1.7 Bidding Documents or Bid Documents for each project include the Invitation for

Quote/Bid, Instructions to Bidders, Index of Drawings, the Bid Form and OSBD Schedules, Bid

Bond (when required) and Public Construction Bond and Form of Guarantee, the Contract

Conditions (General, Supplemental, and Special), technical specifications, drawings, exhibits and attachments thereto and any Addenda issued prior to the date designated for receipt of quotes/bids.

Annual Contract-Instructions to Bidders Page 3 of 28

1.8 The Contract Documents consist of the following documents which are incorporated herein by reference:

• The completed Qualification Application package;

• The Contract and any amendments thereto;

• The General Conditions to the Contract;

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

• Special Conditions for each Work Order;

• Instructions to Bidders;

• Invitation for Quote/Bid and all Attachments and Exhibits and any Addenda thereto;

Completed Quotation/Bid Form and attachments including SBD Schedules; Bid Bond

(when required) for each Work Order;

• Public Construction Bond and the Form of Guarantee for each Work Order, when required;

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

Work Order.

1.9 The term Contractor or Qualified Contractor means the person or entity who is the successful bidder, who executes a Work Order under an Annual Contract with Palm Beach County, and who is identified in the Work Order and Annual Contract and is referred to throughout the

Contract Documents. Contractor may mean the Contractor or its authorized representative as the contract context requires.

1.10 The term County or Owner means the Board of County Commissioners of Palm Beach

County, Florida.

1.11 The term Day or Days means a calendar day or calendar days unless specifically stated otherwise in the Contract Documents. A calendar day begins at 12:00:00 midnight and ends 24 hours later at 11:59:59 p.m.

1.12 The term Department means the Palm Beach County, Facilities Development and

Operations Department, Capital Improvements Division.

1.13 A Lump Sum and Unit Price Bid is the sum stated in the Quote/Bid for which the Bidder offers to perform the Work described in the Quotation/Bidding Documents containing lump sum and, where applicable, unit price work items. For the purpose of determining the Base Bid amount on a Lump Sum and Unit Price Bids, the unit price costs multiplied by the estimated quantities contained in the Bidding Documents and the lump sum will be added together.

1.14 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” means action by the Board of County Commissioners, or designated representative.

1.15 The term Work as used herein refers to the construction and services required by the

Contract Documents for each project described in an Invitation for Quote/Bid and includes all permits, labor, materials, equipment, and services provided by the Contractor to fulfill the

Annual Contract-Instructions to Bidders Page 4 of 28

Contractor's obligations.

1.16 The term Work Order means a written amendment to an Annual Contract which awards a specific project to a Qualified Contractor.

2.0 LICENSES, BUSINESS TAX, POLICY REGARDING SUBCONTRACTORS

2.1 Licenses. 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 must 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 Quote/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 the time of Quote/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 each Quote/Bid Form, if applicable. Any Quote/Bid that is submitted by a contractor who is not properly licensed/certified at the time the Quote/Bid is submitted, or which lists a subcontractor who is not properly licensed/certified at the time the

Quote/Bid is submitted, will be rejected as non-responsive.

2.2 Business Tax. The Contractor, subcontractors of any tier, and specialty contractors must have a valid Palm Beach County business tax receipt at the time of Quote/Bid submission, except where provisions of F.S. 205.065 apply.

2.3 Bid Shopping. It is Palm Beach County’s policy to discourage contractors from seeking new subcontractor pricing after the opening of bids, which practice is sometimes known as bid or subcontractor shopping. In order to facilitate this policy, Bidders may be required to identify in the Bid Documents the subcontractors in the categories listed in Attachment 3, if provided, which

Bidder intends to use to perform the Work or state its intention to self-perform the Work contained in those categories.

2.3.1 No Contractor, having been awarded any Work Order under an Annual Contract based upon the Contractor’s response to an Invitation for Quote/Bid or other solicitation for competitive selection wherein the Contractor listed the subcontractors which the Contractor intended to use in performing such Work Order, 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 SBE subcontractor must also conform to the requirements of

Palm Beach County’s SBD Ordinance and section 5.3.10 of these Instructions to Bidders.

2.3.2 No Contractor, having been awarded any Work Order under an Annual Contract based upon the Contractor’s response to an Invitation for Quote/Bid 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.

Annual Contract-Instructions to Bidders Page 5 of 28

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 General Representations. Each Bidder by making its Quote/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 including the Invitation for Quote/Bid, 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 Quote/Bid dispute or complain of such estimate nor the nature or amount of Work to be performed. Bidder is familiar with, and certifies that all Work shall comply with, all Federal, State and Local laws, ordinances, rules and regulations that in any way affect the cost, progress or performance of the Work. Failure of a Bidder to be familiar with applicable laws, ordinances, rules and regulations will in no way relieve Bidder from the responsibility of complying with the applicable laws, ordinances, rules and regulations.

3.1.2 Bidder acknowledges and understands that certain informational drawings and reports may be referenced in the Invitation for Quote/Bid and are provided by the County for informational purposes only. Such informational reports and drawings are not part of the Contract Documents, but the Bidder may review the technical data contained therein for general information purposes only. The County does not represent that the conditions reflected in such informational reports and drawings are the conditions which Contractor will experience, but are based on best information available to the County.

3.1.3 Bidder assumes responsibility for having determined to its satisfaction, prior to the submission of its Quote/Bid, the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the groundwater conditions, the character of equipment and facilities needed preliminary to and during the execution of the Work, the general and local conditions and all other matters which can in any way affect the Work of the project described in the Invitation for Quote/Bid. The prices established for the Work to be done will reflect all costs pertaining to the Work.

3.1.4 By submission of its Quote/Bid, each Bidder affirms that it has, at its own expense, performed any additional examinations, investigations, explorations, tests, or studies and obtained any additional information and data which pertain to the physical conditions (surface, subsurface and underground utilities) at or contiguous to the site or otherwise for the project described in the

Invitation for Quote/Bid, prior to Bidding which may affect the cost, progress or performance of the Work and which the Bidder deems necessary to determine its Quote/Bid for performing the

Work in accordance with the time, price, and other terms and conditions of the Contract

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

Annual Contract-Instructions to Bidders Page 6 of 28

3.1.5 On request, the County will provide each Bidder access to the site for the project described in the Invitation for Quote/Bid to conduct such investigations and tests as each Bidder deems necessary for submission of its Quote/Bid at the pre-Quote/Bid meeting. Upon completion of such field investigations and tests, each Bidder must completely restore disturbed areas to a condition equal to or better than the conditions which existed prior to performance of the field investigations and tests.

3.1.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work will be identified in the Invitation for Quote/Bid for each project and other 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.

3.1.7 The submission of a Quote/Bid in response to an Invitation for Quote/Bid for a specific project will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of the Invitation for Quote/Bid and these Instructions to Bidders, that, without exception, the Quote/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.

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

3.1.9 The Bidder understands and agrees that the quantities of Work or material stated in unit price items are supplied only to give an indication of the general scope of the Work and the County does not expressly or by implication agree that the actual quantity of the Work or material will correspond therewith. The County reserves the right after award to increase or decrease the quantity of any unit price item 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.

3.2 Public Entities Crimes/Convicted Bidder List. 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

Annual Contract-Instructions to Bidders Page 7 of 28

TWO for a period of 36 months from the date of being placed on the convicted vendor list. By entering into this contract or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of

Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a).

3.3 Reserved

3.4 No Collusion; No Conflicts. The Bidder does hereby declare that it is the only person or persons interested in said Quote/Bid; that it is a genuine Quote/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 Invitation for

Quote/Bid; 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 or 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 Scrutinized Companies.

3.5.1 As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725. Pursuant to F.S.

287.135(3)(b), if Contractor is found to have been placed on the Scrutinized Companies that

Boycott Israel List or is engaged in a boycott of Israel, this Contract may be terminated at the option of the County.

3.5.2 When contract value is greater than $1 million: As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With

Activities in The Iran Terrorism Sectors List created pursuant to F.S. 215.473 or is engaged in business operations in Cuba or Syria. Pursuant to section 287.135(3)(a), Florida Statutes, as may be amended, if Contractor is found to have been placed on the Scrutinized Companies with

Activities in Sudan List, or been engaged in business operations in Cuba or Syria, or has been placed on a list created pursuant to section 215.473, Florida Statutes, relating to scrutinized active business operations in Iran, this Contract may be terminated at the option of the County.

3.5.3 If the County determines, using credible information available to the public, that a false certification has been submitted by the Contractor, this Contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal, if applicable.

Annual Contract-Instructions to Bidders Page 8 of 28

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

Resolution R2025-0748, as may be amended, the Contractor warrants and represents that throughout the term of the Contract, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, or genetic information. Failure to meet this requirement shall be considered default of the Contract.

3.7 Commercial Non-Discrimination. The Bidder represents and warrants that it will comply with the County’s Commercial Nondiscrimination Policy as described in Resolution R2025-0748 as amended. As part of such compliance, the Bidder shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the Bidder retaliate against any person for reporting instances of such discrimination. The Bidder shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of discrimination. The

Bidder understands and agrees that a material violation of this clause shall be considered a material breach of any resulting contract and may result in termination of the contract, disqualification or debarment of the Bidder from participating in County contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

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

3.8 VSS Registration Required. A Bidder must register in the County’s Vendor Self Service (“VSS”) at https://pbcvssp.pbc.gov/vssprd/Advantage4 in order to bid on County contracts. If Bidder intends to use subcontractors, Bidder must also ensure that all subcontractors are registered as vendors in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until a contractor has certified that the contractor and all of its subcontractors are registered in VSS.

3.9 Prohibition against Considering Social, Political or Ideological Interests in

Government Contracting - F.S. 287.05701. Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the County will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the County's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests.

3.10 Disclosure of Foreign Gifts and Contracts with Foreign Countries of Concern.

Pursuant to F.S. 286.101, as may be amended, by entering into a contract or performing any work in furtherance thereof, the bidder certifies that it has disclosed any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern where such interest, Annual Contract-Instructions to Bidders Page 9 of 28 contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five (5) years.

3.11 Human Trafficking Affidavit

Contractor warrants and represents that it does not use coercion for labor or services as defined in section 787.06, Florida Statutes and shall execute the Nongovernmental Entity Human Trafficking

Affidavit attached to the Contractor Qualification Application.

3.12 Digital Accessibility Compliance

Contractor acknowledges that the County is a public entity subject to Title II of the Americans with Disabilities Act (ADA) and applicable federal accessibility regulations. Contractor represents and warrants that all websites, web-based applications, digital services, electronic documents, multimedia, and other electronic content created, developed, provided, submitted, maintained, or delivered under this Contract that may be electronically displayed, accessed, distributed, or made available to the public by the County shall conform to the Web Content Accessibility Guidelines

(WCAG) 2.1, Level AA, or any successor standard adopted by the U.S. Department of Justice.

All electronic documents submitted to the County, including but not limited to PDFs, reports, forms, presentations, and public-facing materials, shall be provided in an accessible format compliant with the applicable accessibility standard at the time of delivery.

Contractor shall ensure that any updates, revisions, or modifications to such digital content remain compliant throughout the term of this Contract. Upon request, Contractor shall provide documentation reasonably demonstrating accessibility compliance. If any deliverable is determined by the County to be noncompliant, Contractor shall promptly remediate the noncompliance at no additional cost to the County and within a timeframe specified by the County.

Contractor shall ensure that any third-party digital content or platforms used in performance of this Contract either comply with the requirements herein or that an accessible alternative acceptable to the County is provided.

Failure to comply with this subsection shall constitute a material breach of this Contract.

4.0 BIDDING DOCUMENTS

4.1 Copies.

4.1.1 Bidders may obtain complete sets of the Bidding Documents from the Department as indicated in the Invitation for Quote/Bid in the number desired and for the cost stated therein.

4.1.2 Bidders shall use complete sets of Bidding Documents in preparing Quotes/Bids; the

County assumes no responsibility for errors or misinterpretations resulting from the use of incomplete or illegible sets of Bidding Documents.

4.1.3 The County, by making the Bidding Documents available on the above terms, does so only for the purpose of obtaining Quotes/Bids on the Work described in the Invitation for Quotes/Bids and does not confer a license or grant for any other use. All information contained in the Bidding

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Documents is the sole property of the County and any unauthorized use is prohibited by law.

4.2 Interpretation or Correction of Bidding Documents.

4.2.1 Bidders must promptly notify the County in writing of any ambiguity, inconsistency or error which is discoverable upon examination of the Bidding Documents or of the site and local conditions.

4.2.2 Bidders requiring clarification or interpretation of the Bidding Documents may make a written request which must reach the County at the address listed in the Invitation for Quote/Bid at least seven (7) calendar days prior to the date for receipt of Quotes/Bids. Bidders requesting clarification or interpretation of the Bidding Documents must supply the Department with all information requested by the Department that 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 Invitation for Quote/Bid documents must at once notify the

Architect/ Engineer of Record and provide a copy to the Department. Bidder's questions relative to bidding requirements, bidder qualification, contract award and Work Order award must be directed to the Department. The Department, in its sole discretion, will determine if a clarification or interpretation of the Bidding Documents is required.

4.2.3 Any interpretation, clarification, correction, or change of the Bidding Documents will be made only by Addendum. The Department will send written instructions regarding discrepancies, omissions or unclear intents to all Bidders who are Qualified Contractors with an Annual Contract.

For projects $150,000 and over, all Addendum to a solicitation will also be posted under the applicable solicitation on the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.pbc.gov/vssprd/Advantage4. Interpretations, corrections or changes to the Bidding

Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes.

4.2.4 Governing Order of Contract Documents. The Contract Documents include various divisions, sections and conditions which are essential parts for the Work to be provided by the successful Bidder. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete project. In case of discrepancy, the following precedence will govern the interpretation of the Contract Documents:

• Work Orders and any Change Orders thereto;

• Notices to Proceed for each Work Order;

• Special Conditions for each Work Order, if any;

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

Work Order.

• Invitation for Quote/Bid, including all attachments and exhibits, and any Addenda thereto;

Completed Quotation Form and Attachments including OSBD Schedules, and Bid Bond

(when required) for each Work Order;

• Public Construction Bond and the Form of Guarantee(when required) for each Work Order,

• Instructions to Bidders

• The Contract and any amendments thereto;

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• The General Conditions to the Contract;

• The completed Qualification Application package.

Detailed plans have precedence over general plans. In the event that any conflicts cannot be resolved by reference to this Governing Order of Contract Documents provision, then Owner shall resolve the conflict in any manner which is acceptable to Owner and which comports with the overall intent of the Contract Documents.

4.2.5 Whenever reference is made to actions being performed with respect to dates and times set forth in the Invitation for Quote/Bid, such reference shall always be interpreted as including, by inference, “or as may be modified by pre-bid Addenda”.

4.3 Addenda.

4.3.1 Bidders who are Qualified Contractors with Annual Contracts will be provided with notification of Addenda. For projects $150,000 and over, all Addendum to this solicitation will also be posted under the applicable solicitation on the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.pbc.gov/vssprd/Advantage4.

4.3.2 Copies of Addenda will be made available for inspection at the Department where Bidding

Documents are on file for that purpose.

4.3.3 No Addenda will be issued later than five work days prior to the date for receipt of

Quotes/Bids except an Addendum withdrawing the Invitation for Quote/Bid, one which includes postponement of the date for receipt of Quotes/Bids, one whose content is limited to the listing of additional approved manufacturers and substitutions, or one which contains minor clarifications or changes.

4.3.4 Prior to submission of its Quote/Bid, each Bidder must ascertain that it has received all

Addenda issued. The Bidder must acknowledge receipt of each individual Addendum at the time of issuance and final receipt of all Addenda by completing the acknowledgment space provided on the Addendum Form. Failure to acknowledge receipt may result in rejection of a Quote/Bid.

5.0 BIDDING PROCEDURE.

5.1 Form and Style of Bids.

5.1.1 Quotes/Bids must be submitted on forms furnished by the County. Changes or additions to the Quote/Bid, recapitulations or changes in the Work bid upon, alternative proposals, or any other modifications of the Quote/Bid Form, Attachments to the Quote/Bid Form, or the

Documents, which are not specifically called for in the Quote/Bid Documents may result in the

County's rejection of the quote as non-responsive to the Invitation for Quote/Bid.

5.1.2 All blanks on the Quote/Bid Form and enclosures to the Quote/Bid Form must be filled in by typewriter or manually printed in ink.

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5.1.3 In the event there are unit price bid items provided in the Quote/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 will govern and the amount will be corrected accordingly. In the event there is more than one bid item in the Quote/Bid Form and the total indicated therein does not agree with the sum of the prices bid for the individual items, the prices bid on the individual items will govern and the total for the schedule will be corrected accordingly. Where so indicated by the make-up of the

Quote/Bid Form, sums must be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words will govern.

5.1.4 Any inter-lineation, alteration or erasure must be initialed, in ink, by the signer of the

Quote/Bid Form.

5.1.5 All requested, Additive or Deductive Bid Items must be bid. If no change in the Base Bid is required, enter “No Change.”

5.1.6 The Bidder must provide on the Bid Form, if requested, the names and license or certificate numbers of subcontractors who will perform that portion of work.

5.1.7 Each page of the Quote/Bid Form and Attachments to the Quote/Bid Form must include where requested, the legal name of the Bidder. The Quote/Bid Form must also contain a statement whether the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity, and must be signed by the person or persons legally authorized to bind the Bidder to a contract.

5.1.8 In the event a Quote/Bid is submitted by two or more Bidders as a joint venture, such

Quote/Bid must be submitted in strict accordance with all applicable laws of the State of Florida, State Contractor License Law, and Rules and Regulations of the State Contractor's Board.

5.1.9 No person, firm or corporation is allowed to submit, or have an interest in, more than one

Quote/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.

5.1.10 The following forms, together, comprise a Quote/Bid and must be submitted at the time identified in Invitation for Quote/Bid:

QUOTE/BID DOCUMENTS

• QUOTE/BID FORM

• BID SECURITY, if applicable

• ADDENDA – SIGNED, IF APPLICABLE

• SBD PROGRAM SCHEDULES

5.2 Bid Security, Project Bonds, Insurance

5.2.1 General. Bid Security is not required for Work Orders of less than $200,000. The Public

Construction Bond is waived for Work Orders less than $200,000 where Bidder’s cumulative open Work

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Orders do not exceed $200,000. Any proposed Work Order which will cause a Bidder’s cumulative open

Work Orders to exceed $200,000 will require a Public Construction Bond. Any individual Work Order exceeding $200,000 will require a Public Construction Bond.

5.2.2 Bid Security. If requested in the Invitation for Quote/Bid, each Quote/Bid must be accompanied by a BID SECURITY (in the form of, at Bidder's option, cashier's check, certified check, money order or Bid Bond in favor of the County) in the amount of at least five percent (5%) of the bid price pledging that the Bidder will within fourteen (14) Days after Notification from

Owner, enter into a Work Order with the County on the terms stated in its Quote/Bid and will furnish bonds as described hereunder covering the faithful performance of the Work Order and the payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Work

Order or fail to furnish the required bonds and insurance, the amount of the bid security will be forfeited to the County as liquidated damages, not as penalty. If a Bidder fails to execute a Work

Order for a 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 Work Order.

5.2.2.1 If provided, the bid bond must conform with Section 5.2.3 and be written on the

Bid Bond form, included as part of the Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety must affix to the bond a certified and current copy of his/her power of attorney. If a bid bond is submitted on a form other than that provided, such submission may result in the bid being declared non-responsive. Checks and money orders must be made payable to Palm Beach County Board of County Commissioners.

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

5.2.3 Bond Requirements

5.2.3.1 If requested by the Invitation for Quote/Bid or as required by Section 5.2.1, the

Bidder must furnish bonds covering the faithful performance of each Work Order under the Annual

Contract and the payment of all obligations arising thereunder in such form and amount as the

County may prescribe. Bonds may be secured through the Bidder's usual sources provided the

Surety is authorized to do business in the State of Florida.

5.2.3.2 Prior to execution of a Work Order, and not later than fourteen (14) calendar Days after Notification from Owner, the successful Bidder must furnish the following to the Department, on the forms provided in the Bidding Documents:

1. Public Construction Bond in the Amount of 100% of the Work Order

2. Guarantee

Such Public Construction Bond must 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

Annual Contract-Instructions to Bidders Page 14 of 28 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.

5.2.3.3 The Surety Company, in addition to the above requirements, must be currently listed with the United States Department of Treasury for an amount greater than the Work Order amount. The Contractor, at the time of its execution of a Work Order, must provide, with its

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.

5.2.3.4 The bond and guarantee must be written on forms included in the Contract

Documents provided by the Department.

5.2.3.5 The Bidder must 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 Power of Attorney.

5.2.4 Insurance Requirements. Prior to execution of a Contract and not later than fourteen (14) calendar Days after Notification from Owner, the successful Bidder must furnish to the

Department certificates of insurance evidencing the existence of current valid, and binding insurance policies for the limits and coverage in accordance with the requirements delineated in the Request for Quote and the General Conditions, where such insurance is to be provided by

Contractor, or as otherwise modified within the Contract Documents, together with a declaration of deductible amounts applicable to each type of insurance provided, acceptable to County.

5.2.5 Failure to Provide the Required Documents after Notification of Award. If after

Notification of award from the County, the successful Bidder does not provide within 14 Days of

Notification the signed Work Order, the Public Construction Bond and Guarantee (when required), and the required certificates of insurance, the County may: 1. Call in the bid security when provided; 2. Cancel the notification of recommended award and award the project to the next responsive, responsible low bidder; 3. Terminate this Annual Contract for cause; 4. Suspend or debar the Bidder from bidding on future projects for a period of two (2) years, in accordance with the Palm Beach County Purchasing Ordinance; and/or 5. Pursue any and all remedies available against the Bidder for damages resulting from its failure to enter into a Work Order and provide all required documents within 14 Days after notification.

5.3 Small Business Development Program.

5.3.1 Policy. It is the policy of the Board of County Commissioners of Palm Beach County, Florida, (the Board) that all segments of its business population, including, but not limited to, small, and locally owned businesses, have an equitable opportunity to participate in the County’s procurement process, prime contract and subcontract opportunities. In pursuance of that policy, the Board adopted the Small Business Development (SBD) Ordinance which is codified in Sections 2-80.20 through 2-80.28 (as may be amended) of the Palm Beach County Code. The SBD Ordinance sets forth the County’s requirements for the SBD program and is incorporated in this solicitation. A bidder must comply with the requirements contained in this section for a bidder to be deemed responsive to the solicitation requirements. The provisions of the SBD Ordinance are applicable to this solicitation and shall have precedence over the provisions of this solicitation in the event of a conflict.

Annual Contract-Instructions to Bidders…