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

Palm Beach County Capital Improvements Division

QUALIFICATION APPLICATION

ANNUAL CONTRACT

OVERHEAD DOOR REPLACEMENT

CONSTRUCTION SERVICES

PROJECT # 2023-024091

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PALM BEACH COUNTY

CAPITAL IMPROVEMENTS DIVISION

CHECKLIST FOR QUALIFICATION APPLICATION

(OVERHEAD DOOR REPLACEMENT)

RETURN THE FOLLOWING FORMS WITH COMPLETED APPLICATION:

Authorization Applicant Profile Construction Experience Licenses Work History Certification of Business Location Living Wage Certification Application Certification

EXPERIENCE

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

The firm successfully completed a minimum of $300,000 overhead door replacement construction projects per year for each of the previous 3 years.

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

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.

FINANCIAL

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

LICENSURE AND CERTIFICATION

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

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

USEFUL LINKS/NOTES:

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

1. Attend pre-bid meeting, if required and

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

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

TABLE OF CONTENTS

ANNUAL OVERHEAD DOOR REPLACEMENT

CONSTRUCTION SERVICES CONTRACT

PROJECT #:2023-024091

1. ADVERTISEMENT FOR QUALIFICATION

2. GENERAL INFORMATION

3. MINIMUM CRITERIA

4. QUALIFICATION APPLICATION

5. INSTRUCTIONS TO BIDDERS

6. SAMPLE FORMS:

a. Annual Contract

b. Advertisement for Bid/Quote under Annual Contract

c. Invitation for Bid/Quote – Annual Contract

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

e. Work Order

f. Public Construction Bond

g. Form of Guarantee

h. Living Wage Notice for Posting

i. General Conditions

Annual Contract - Advertisement for Qualification Page 1 of 2

Form Revised 10/14/21 Non-Federal Funds

ADVERTISEMENT FOR QUALIFICATION FOR ANNUAL CONTRACT

FOR OVERHEAD DOOR REPLACEMENT SERVICES

PROJECT NUMBER: 2023-024091

NOTICE TO INTERESTED CONTRACTORS

Sealed packages, consisting of the Qualification Documents for an Annual Contract for Overhead

Door Replacement Services, will be received by the Board of County Commissioners, Palm

Beach County, Florida, until 2:00 P.M. on May 23, 2023 at Palm Beach County Facilities

Development and Operations Department Capital Improvement Division at 2633 Vista Parkway, West Palm Beach, Florida. The Qualification Documents received by this time will be opened in accordance with this Notice and the instructions in the Qualifications Documents at 2:00 P.M. at the above address.

OPEN QUALIFICATION

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

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

GENERAL DESCRIPTION OF THE WORK

The Qualification will be for an Annual Contract to provide overhead door replacement services to the County on an as needed basis.

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.

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

Documents including the Qualification Application and Instructions will be available beginning on the following date April 24, 2023 and may be downloaded from the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. Or, the Contract Documents including the Qualification

Application may be obtained by sending an email with the Project # in the subject line to: FDO-

CID-Bids@pbcgov.org or call (561)233-0261.

LICENSES

At the time of submission of the Qualification Application package, the contractor must possess all professional licenses or certifications required by the State of Florida and/or Palm Beach

County, as applicable, for performing the following specified services: Overhead Door

Replacement Services.

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService mailto:FDO-CID-Bids@pbcgov.org

Annual Contract - Advertisement for Qualification Page 2 of 2

Form Revised 10/14/21 Non-Federal Funds

BONDING REQUIREMENTS

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

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

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

NON-MANDATORY CONFERENCE

Contractors are invited to attend a non-mandatory WebEx conference to be held on May 10, 2023 at 10:00 A.M. WebEx Meeting Number (Access code): 2302 553 5829

Meeting Password: ANNUAL1 Join by Phone: 1-844-621-3956 United States Toll Free

Attendance at this conference is strongly recommended and encouraged.

ATTEST:

JOSEPH ABRUZZO, CLERK & BOARD OF COUNTY COMMISSIONERS

CONTROLLER PALM BEACH COUNTY, FLORIDA

PUBLISH: Palm Beach Post

Sunday: April 23, 2023

Sunday: April 30, 2023

GENERAL INFORMATION

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

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

Type of Work. The County is qualifying contractors for an Annual Contract for overhead door replacement services throughout the County. Projects will generally be $100,000 or less but may be larger. Work will include, but not be limited to, furnishing all labor, equipment devices, tools, materials, transportation, services, supervision, drawings, permitting and miscellaneous requirements to accomplish the work for buildings throughout Palm Beach County, and reasonably incidental to, the completion of the service for buildings throughout Palm Beach County. Qualification is required in order to bid for projects under this Annual Contract.

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

Qualification Application. Completion of this Qualification Application will give your company the opportunity to qualify with Palm Beach County for an Annual Contract. However, completing this Qualification Application does not guarantee your company will receive an Annual Contract from the County, nor does it imply that your company has any type of procurement/contractual relationship with the County now or in the future.

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

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

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

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

Capital Improvements Division and asked to complete the next steps necessary for the award of an Annual Contract. If you are determined to be qualified, you will receive a letter notifying you that you have qualified for an Annual Contract with the County and enclosing the Contact Documents that you must sign and return to the County along with your certificates of insurance.

Once you have returned the executed Contract Documents, the Board of County Commissioners must approve and execute the Contract Documents. The specific magnitude of the work to be issued under the Annual Contract will be determined by individual Work Orders issued by Palm Beach County under the Annual Contract. It is anticipated that Work Orders will be generally less than $100,000 each but may be larger. The Annual Contract will be awarded for five (5) years with an initial not-to-exceed cumulative amount of less than $5,000,000. The Affirmative Procurement Initiatives (APIs) under the County’s Equal Business Opportunity Program that apply to the Work Orders awarded under this Contract are attached to the sample Instructions to Bidders. It is the current intention of the Board to establish a list of Qualified Contractors under the Annual Contract, but additional Qualified Contractors may be added by the County at any time and contractors may submit a Qualifications Application package at any time. A contractor must be determined to be qualified by the County in order to submit quotes/bids for future Work Orders covered by this Annual Contract.

Questions regarding this Qualification Application package must be emailed to FDO-CID- Bids@pbcgov.org. Only questions received in writing will be answered.

The completed application should be submitted to:

Palm Beach County Capital Improvements Division 2633 Vista Parkway West Palm Beach, FL 33411-5604

MINIMUM CRITERIA TO BE USED BY COUNTY

IN QUALIFYING CONTRACTORS FOR ANNUAL CONTRACT

OVERHEAD DOOR REPLACEMENT

1. EXPERIENCE

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

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

A minimum of $300,000 overhead door replacement projects completed per year for each of the past three years. An itemization of this work is to be shown on the Qualification

Application question 23.

2. LITIGATION

The firm and its owners/officers must:

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

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

3. FINANCIAL

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

4. LICENSURE AND CERTIFICATION

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

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

5. MISCELLANEOUS

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

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

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

Resolution 2017-1770 as amended. As part of such compliance, the Contractor shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the Contractor retaliate against any person for reporting instances of such discrimination. The Contractor shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the

County’s relevant marketplace in Palm Beach County. The Contractor understands and agrees that a material violation of this clause shall be considered a material breach of any resulting contract and may result in termination of the contract, disqualification or debarment of the Contractor from participating in County contracts, or other sanctions.

This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

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

ANNUAL CONTRACT – OVERHEAD DOOR REPLACEMENT

AUTHORIZATION

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

Name of Organization

By: _ Officer’s Signature

Print Name and Title

Date

APPLICANT PROFILE

BEFORE COMPLETING THIS FORM, READ

EACH QUESTION CAREFULLY AND ANSWER COMPLETELY

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

CONTRACTOR QUALIFICATION APPLICATION

General Information:

Entity Name:

Entity Address:

Contact Name/ Title/ Phone/ Email:

Entity Classification:

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

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

LLC (State where formed , date formed )

Joint Venture

Sole Proprietorship

Other: (please explain: _)

Federal Employer Identification Number (FEIN):

Dunn & Bradstreet Number:

All Applicants must answer the following questions:

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

2. Is your organization registered to do business in the State of Florida? Yes No If yes to the above, as of what date?

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

4. List all previous names of your organization:

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

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

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

NAME PERCENT

OWNED

ADDRESS

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

NAME PERCENT

OWNED

ADDRESS

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

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

“AFFILIATE”.

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

NAME ADDRESS Explain in detail your connection with this entity

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

11. Please state whether your organization or an affiliate of your organization are presently or have ever been barred or suspended from bidding or contracting on ay public contracts? Yes No.

If yes, please explain in detail:

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

Yes No. If yes, please explain in detail:

13. Has any owner, officer or director of your organization ever been an owner, officer or director of some other business that has failed to complete a contract? Yes No. If Yes, explain in detail:

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

Yes No. If yes, please explain in detail:

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

Yes No. If yes, please list the total revenue paid to your company from Palm Bach County in the last 12 months:

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

17. Has your organization ever filed suit against a project owner? Yes No. If yes, please attach additional sheets to include:

Description of each action Amount in issue Amount you recovered, if any Caption/Title of the litigation or arbitration Name of the project owner including address and phone

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

Yes No. If yes, please explain:

19. Has a project owner ever disbarred, non-renewed (voluntarily or by owner) or terminated early for safety, quality or service issues or schedule issues over the last 5 years? Yes No. If yes, explain in detail (failure to disclose will result in applicant being disqualified):

19A. Within the last 10 years, has your firm ever had a contract terminated for default or had an owner call in the Surety under a performance bond to complete a project? ---- Yes ------ No. If Yes, explain in detail:

20. CONSTRUCTION EXPERIENCE

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

(Include from superintendant level and up.)

INDIVIDUAL’S

NAME

PRESENT

POSITION OR

OFFICE

TYPE OF WORK

PERFORMED

YEARS OF

EXPERIENCE

IN WHAT

CAPACITY

21. LICENSES

Attach copies of all local, state, and federal licenses that your organization holds. If your firm is a Palm Beach County certified S/M/WBE, attach a copy of your current, valid Palm Beach County S/M/WBE Certification

22. CURRENT PROJECTS

PROJECT, OWNER, AND LOCATION OF CURRENT

PROJECTS AS PRIME CONTRACTOR

CONTRACT AMOUNT

AS PRIME

CONTRACTOR

AMOUNT SUBCONTRACTED

TO OTHERS

23. WORK HISTORY

The objective of the work history is to help the County understand your business and expertise and to satisfy the experience requirements listed in the minimum criteria. List contracts for construction that your organization has completed in the past three (3) years showing a minimum of $300,000.00 per year.

GENERAL DESCRIPTION OF WORK

PERFORMED AS PRIME CONTRACTOR

VALUE OF WORK

PERFORMED

DATE COMPLETED NAME AND ADDRESS OF

PROJECT OWNER

PHONE NUMBER OF

PROJECT OWNER

24. CERTIFICATION OF BUSINESS LOCATION

In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) respondents having a permanent place of business in Palm Beach County (“County”) or (2) respondents having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, respondents must have a permanent place of business within the County or the Glades, as applicable, prior to the County’s issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the respondent to provide the goods/services being solicited by the County, and will be used to verify that the respondent had a permanent place of business prior to the issuance of the solicitation. The respondent must submit this Certification of Business Location (“Certification”) along with the required Business Tax Receipt at the time of bid or quote or proposal submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the respondent to not receive a local preference.

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

I. Respondent is a:

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

(Please indicate):

Headquarters located in Palm Beach County

Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services.

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

(Please indicate):

Headquarters located in the Glades

Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services.

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

THIS CERTIFICATION is submitted by , as

(Name of Individual) , of

(Title/Position) (Firm Name of Respondent) who hereby certifies that the information stated above is true and correct and that the Palm Beach County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the Respondent on this Certification is considered an unethical business practice and is grounds for sanctions against future County business with the Respondent.

(Signature) (Date)

25. LIVING WAGE CERTIFICATION

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

Contract Name: ANNUAL CONTRACT – OVERHEAD DOOR REPLACEMENT

Contract Number: __________________________________________________________

Contractor:

Contractor Address:

Contractor Phone Number:

Statement of wage levels for Contractor’s employees:

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

By:

(Signatory)

(Signatory name printed)

(Title)

(Date)

APPLICATION CERTIFICATION

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

By:

(Print)

(Signature)

Title:

Date:

STATE OF FLORIDA

COUNTY OF PALM BEACH

The foregoing instrument was acknowledged before me by means of physical presence OR online notarization this day of , 20 , by , who is personally known to me or who has produced as identification and who did not take an oath.

Notary Public

Annual Contract-Instructions to Bidders Page 1 of 27 Form Revised 10/14/21 Non-Federal

PALM BEACH COUNTY

ANNUAL CONTRACT – OVERHEAD DOOR REPLACEMENT

INSTRUCTIONS TO BIDDERS

PROJECT NO: 2023-024091

SECTION DESCRIPTIONS

1. DEFINITIONS

2. LICENSES, BUSINESS TAX, POLICY REGARDING SUBCONTRACTORS

3. BIDDER'S REPRESENTATIONS

4. BIDDING DOCUMENTS

5. BIDDING PROCEDURE

5.3 EQUAL BUSINESS OPPORTUNITY (EBO) 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. LIVING WAGE

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 27

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 EBO 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.

1.8 The Contract Documents consist of the following documents which are incorporated

Annual Contract-Instructions to Bidders Page 3 of 27 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 EBO 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 Contractor's obligations.

Annual Contract-Instructions to Bidders Page 4 of 27

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 S/M/WBE subcontractor must also conform to the requirements of Palm Beach County’s EBO 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.

2.3.3 Contractor agrees that neither the County’s acceptance nor rejection of the Contractor’s

Annual Contract-Instructions to Bidders Page 5 of 27 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.

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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 TWO for a period of 36 months from the date of being placed on the convicted vendor list. By

Annual Contract-Instructions to Bidders Page 7 of 27 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 EEO. The Bidder must be an equal employment opportunity employer. Each Bidder must complete and furnish with its Quote/Bid the statement titled “Statement of Participation in

Contracts Subject to Nondiscrimination Clause”, which is incorporated in the Quote/Bid Form.

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

3.4 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 Petroleum Energy Sector List created pursuant to F.S. 215.473 or is engaged in business operations in Cuba or Syria.

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, Annual Contract-Instructions to Bidders Page 8 of 27 pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal, if applicable.

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

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 2017-1770 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, gender identity or expression, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the 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 marketplace discrimination that have occurred or are occurring in the County’s relevant marketplace in Palm Beach County. 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.co.palm-beach.fl.us/webapp/vssp/AltSelfService 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.

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