Qualification Application for Annual Contract (Plumbing) Rev031319.pdf

Form Revised 03/13/19 Qualification Application Annual Contract Non-Federal

Palm Beach County

Capital Improvements Division

Procurement and Project Implementation Group

QUALIFICATION APPLICATION

ANNUAL CONTRACT –

Plumbing Services, Minor/Incidental, Maintenance and

Repair

PROJECT # 19411

Annual Contract - Advertisement for Qualification Page 1 of 2

Form Revised 03/13/19 Non-Federal Funds

ADVERTISEMENT FOR QUALIFICATION FOR ANNUAL CONTRACT

Plumbing Services, Minor/Incidental, Maintenance and Repair

Sealed packages, consisting of the Qualification Documents for an Annual Contract, will be received by the Board of County Commissioners, Palm Beach County, Florida, until 2:00 P.M.

on May 9, 2019 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 3:00 P.M. at the above address.

The Qualification will be for an Annual Contract to provide the following services to the County on an as needed basis: ___

Plumbing services, minor/incidental, maintenance and repair including but not limited to:

repair and replacement of existing valves, fixtures, fire pump maintenance, existing supply, septic drain fields and drain lines, (replacing rock under tank, adding distributor box to drain line, etc.) Unclogging drains with cable machine. Unclogging drains using water jetting equipment. Sewer gas leak detection. Cleaning storm/parking lot drains.

Service Relocation: Removal and installation of new equipment (e.g. dishwasher, water fountains, toilets, ice machines, etc.) and other related plumbing services. Repair/test and perform annual certification of back flow preventer. Locate water lines underground with line locator. Investigate odor caused by sewer drains/piping.

The specific magnitude of the Work shall 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. This Annual Contract may be awarded for 5 years with a not-to-exceed cumulative amount of less than $1,000,000.00. 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 bids/quotes for future Work Orders covered by this Annual Contract.

PLUMBING SERVICES, MINOR/INCIDENTAL, MAINTENANCE AND REPAIR

PROJECT: 19411

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

Contract Documents. The Contract Documents will be available beginning on the following date

April 1, 2019 and 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. Or, the Contract Documents including the

Qualification Application 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.

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

Annual Contract - Advertisement for Qualification Page 2 of 2

Form Revised 03/13/19 Non-Federal Funds

County, as applicable, for performing the following specified services: PLUMBING SERVICES, MINOR/INCIDENTAL, MAINTENANCE AND REPAIR

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

Bidders are invited to attend a non-mandatory pre-bid conference to be held on April 19, 2019 at 2:00 P.M. at the address listed below. Attendance at this pre-bid conference is recommended and encouraged.

Capital Improvements Division

2633 Vista Parkway

West Palm Beach, FL 33411

Conference Room 2E-45

ATTEST:

SHARON R. BOCK, CLERK & BOARD OF COUNTY COMMISSIONERS

CONTROLLER PALM BEACH COUNTY, FLORIDA

BY: MACK BERNARD, MAYOR

PUBLISH: Palm Beach Post

Sunday: March 31, 2019

Sunday: April 7, 2019

GENERAL INFORMATION

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

Qualification Package is for an annual contract for plumbing services, minor incidental maintenance and plumbing 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 plumbing services, minor/incidental, maintenance and repair including but not limited to: repair and replacement of existing valves, fixtures, fire pump maintenance, existing supply, septic drain fields and drain lines, (replacing rock under tank, adding distributor box to drain line, etc.)

Unclogging drains with cable machine. Unclogging drains using water jetting equipment. Sewer gas leak detection. Cleaning storm/parking lot drains. Service Relocation: Removal and installation of new equipment (e.g. dishwasher, water fountains, toilets, ice machines, etc.) and other related plumbing services. Repair/test and perform annual certification of back flow preventer. Locate water lines underground with line locator. Investigate odor caused by sewer drains/piping. The specific magnitude of the Work shall 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. This Annual Contract may be awarded for 5 years with a not-to-exceed cumulative amount of less than $1,000,000.00.

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 certificate 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. This Annual Contract may be awarded for 5 years with a not-to-exceed cumulative amount of less than $1,000,000.00. 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.

If you should have any questions regarding this Qualification Application package, contact

Cathy Choban at (561) 233-0261 or cchoban@pbcgov.org. The completed application should be submitted to:

Mr. Fernando Del Dago

Capital Improvements Division

Procurement & Project Implementation Group

2633 Vista Parkway

West Palm Beach, FL 33411-5604 mailto:cchoban@pbcgov.org

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, 14, 15 and 16.

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 that are populated are to be returned.

MINIMUM CRITERIA TO BE USED BY COUNTY

IN QUALIFYING CONTRACTORS FOR ANNUAL CONTRACT – PLUMBING

SERVICES, MINOR/INCIDENTAL, MAINTENANCE AND REPAIR

1. EXPERIENCE

The firm must have been in business a minimum of 3 years under the same name.

The firm shall be able to provide personnel who have been fully trained in all phases of plumbing services and have applicable licenses per the Scope of Work.

The firm must submit resumes of at least (2) qualified plumbing staff members.

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

A minimum of five (5) projects of similar size and scope to that described in the project description. The firm shall submit project name, general scope, project schedule/overall duration, project address, owner and owner’s project manager name, telephone number and email address.

A minimum cumulative value of $100,000 worth of plumbing projects completed per year for each of the past three calendar years (2016, 2017, 2018).

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 Electrical Contractor license for a minimum of three (3) years.

The firm, if a certified S/M/WBE, shall 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

QUALIFICATION APPLICATION

ANNUAL CONTRACT- PLUMBING SERVICES, MINOR/INCIDENTAL,

MAINTENCNE AND REPAIR

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: ____________________________________ Name and Title

Officer’s Signature

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

Entity Name: ___________________________________________________________________________________

Entity Address: _________________________________________________________________________________

City ____________________________________________ State __________ Zip ________-______

Phone Number (______) ______-________

E-MAIL: _____________________________

Contact Name: ______________________ Title __________________

Entity Classification: Corporation _____ , Partnership ___ Sole Proprietorship _____ , Other _____(please explain)

(If Corporation, State where incorporated _____ , Date of Incorporation ____/____/______) ________________

All applicants answer this:

1. How many years has your organization been operating under your present business name? ____________

2. List all previous business names of your organization:

3. How many years experience has your organization had as a:

Prime Contractor _____________

4. Enter your Federal Employer Identification Number (FEIN): __________________________

Dunn & Bradstreet Number (D&B): ____________________________________

5.

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

LAST NAME, FIRST MI BUSINESS ADDRESS CITY STATE ZIP

6.

List the following for all individuals, co-partnerships, companies, and/or corporations owning 10% or more of your organization

(applicant):

NAME PERCENT

OWNED

ADDRESS CITY STATE ZIP

7.

List the following for all co-partnerships, companies and/or corporations in which your organization has at least 10% ownership:

NAME PERCENT

OWNED

ADDRESS CITY STATE ZIP

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 EIGHT (8), NINE (9), AND TEN (10) USING THE ABOVE DEFINITION OF

“AFFILIATE”.

8. List the following for all affiliated entities: (Include companies listed in Questions 6 and 7 as well as any additional companies)

NAME ADDRESS

Explain in detail your connection with this entity

9. Has the firm, an affiliate, an officer, a director, an agent, an employee or a member of your firm, 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 which 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 _________________________________________

10. Please state whether you or any of your affiliates are presently or have ever been barred or suspended from bidding or contracting on any public contract(s)?

Yes ______ No ______ If yes, please explain in detail _________________________________________

11. Within the past 10 years, have you failed to successfully complete any work awarded to you?

Yes ______ No ______ If yes, please explain in detail _________________________________________

12. Has any owner, officer, partner or director of your organization ever been an owner, officer, partner or director of some other organization that has failed to complete a contract?

Yes ______ No ______ If yes, please explain in detail _________________________________________

13. Have you or your firm ever filed under protection of the bankruptcy court, have pending any petition in bankruptcy court or an assignment for the benefit of creditors?

Yes ______ No ______ If yes, please explain in detail _________________________________________

14. Have you provided services to Palm Beach County within the past 12 months?

Yes ________ No ________

If yes, what was the total revenue in whole dollars generated from Palm Beach County in the past 12 months?

15. Total number of full time, regular employees in your company: ___________ If this number has changed in the past 2 years, please explain ______________________________________________________________________________

16. Claims/Litigations

Has your organization ever filed suit or a formal claim against a project owner?

Yes ________ No ________ If yes, please attach additional sheet(s) to include:

● Description of every action

● Amount at issue

● Amount actually recovered (if any)

● Captions of the Litigation or Arbitration

● Name(s) of the project owner(s)/manager(s) to include address and phone number

Liquidated Damages

16a. Has a project owner ever withheld liquidated damages for failure to complete a contract on time?

Yes ________ No ________ If yes, please explain in detail ______________________________________

16b. Non-Renewals

Has a project owner ever disbarred, non-renewed (voluntarily or by owner) or terminated early for safety, quality or service issues, schedule issues, over the past five (5) years. Failure to disclose will result in Bidder being disqualified from this

Contract.

Yes ________ No ________ If yes, please explain in detail ______________________________________

17.

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

18. LICENSES

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

19. CURRENT PROJECTS

PROJECT, OWNER, AND LOCATION OF CURRENT

PROJECTS AS PRIME CONTRACTOR

CONTRACT AMOUNT

AS PRIME

CONTRACTOR

AMOUNT SUBCONTRACTED

TO OTHERS

Form Revised 03/13/19 Qualification Application Annual Contract Non-Federal

20. 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 $100,000 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

21. CERTIFICATION OF BUSINESS LOCATION

In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference will be given to: (1) those bidders having a permanent place of business in Palm Beach County (“County”); and, (2) those bidders having a permanent place of business in the Glades providing goods or services to be utilized in the Glades. To receive a local preference, bidders must have a permanent place of business in the County or in the Glades, as applicable, prior to the

County’s issuance of any solicitation. A Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless specifically exempted by law, and will be used to verify the bidders permanent place of business. The bidder must submit this Certification of Business Location (“Certification”) along with the required Business Tax Receipt at the time of bid submission. This Certification is the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a local preference. Please note that in order to receive a local preference, the name and address on the Business Tax

Receipt must be the same name and address that is included in the bid submitted by the bidder to the County.

I. Bidder 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.

__________ Non-local: The Bidder does not have a permanent place of business in

Palm Beach County.

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

THIS CERTIFICATION is submitted by _________________________________________________________, as

(Name of Individual)

_____________________________________________, of _______________________________________________.

(Title/Position) (Firm Name of Bidder) 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 bidder on this Certification will be considered an unethical business practice and be grounds for sanctions against future

County business.

(Signature) (Date)

22. 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- Plumbing Services, Minor/Incidental, Maintenance and Repair

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)

CERTIFICATION

I, the undersigned authority, hereby certify that the information submitted herewith, 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 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

SAMPLE CONTRACT

The following Instructions to Bidders, Contract, General and Special Conditions are for information purposes only

(do not return with qualification package)

Annual Contract-Instructions to Bidders Page 1 of 28

Form Revised 03/13/19 Non-Federal

PALM BEACH COUNTY

ANNUAL CONTRACT

INSTRUCTIONS TO BIDDERS

PLUMBING SERVICES, MINOR/INCIDENTAL, MAINTENANCE AND REPAIR

PROJECT NO: 19411

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 BIDS/QUOTES 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 28

1.0 DEFINITIONS

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

Capitalized Terms not defined in these Instructions to Bidders shall 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 bids/quotes, which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections or other type of modifications. Addenda will become part of the Contract Documents when the Contract is executed. Bidders, upon receiving Addenda, shall insert the same into the Bidding Documents.

1.2 An Additive or Deductive Bid Item is an amount stated in the Bid/Quote to be added to or deducted from the amount of the Base Bid/Quote 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 for specific projects that are sent to all Qualified Contractors for bid. A Qualified Contractor with the lowest responsive bid/quote to an Invitation for Quotes 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 shall 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 Bid/Quote directly to the County in response to an Invitation for Quotes under an Annual Contract, as distinguished from a sub-bidder who submits a bid to a Bidder.

1.7 Bidding Documents include the Invitation to Bid/Quote, 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 thereto and any Addenda issued prior to the date designated for receipt of bids/quotes.

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

Annual Contract-Instructions to Bidders Page 3 of 28 herein by reference:

The completed Qualification Application package;

Instructions to Bidders

The Contract and any amendments thereto;

The General Conditions to the Contract;

Work Orders and any Change Orders thereto;

Special Conditions for each Work Order;

Invitation for Quote/Bid and any Addenda thereto; Completed Quotation 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, Technical Specifications, Addenda, Drawings/Plans and any revisions thereto for each

Work Order.

1.9 The term Contractor or Qualified Contractor shall mean 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 shall mean the Board of County Commissioners of Palm

Beach County, Florida.

1.11 The term Day or Days shall mean 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 shall mean 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 Bid/Quote for which the Bidder offers to perform the Work described in the Bidding/Quotation 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 shall 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” shall mean 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 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 28

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 shall be properly qualified and licensed/certified by the appropriate Board or Boards as required by Florida Statute Chapter 489, or Special Act, Laws of Florida Chapter 67-1876 prior to the time of submission of the Bid/Quote. 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 Bid/Quote 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 Bid/Quote Form, if applicable. Any Bid/Quote that is submitted by a contractor who is not properly licensed/certified at the time the Bid/Quote is submitted, or which lists a subcontractor who is not properly licensed/certified at the time the

Bid/Quote 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 Bid/Quote 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 to Bid/Quote 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 shall 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 to bid/quote or other solicitation for competitive selection wherein the Contractor listed the elements of Work which the Contractor intended to perform with its own forces, shall perform such Work with a subcontractor without having first demonstrated good cause, acceptable to the County in its sole discretion, for utilizing such subcontractor.

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

Annual Contract-Instructions to Bidders Page 5 of 28 of the County.

3.0 BIDDER’S REPRESENTATIONS

3.1 General Representations. Each Bidder by making its Bid/Quote 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, that

Bidder understands all requirements of the Work. In addition, Bidder has, to the extent Bidder determined to be necessary, satisfied itself regarding the accuracy of the estimate of the quantities of the Work to be done; and shall not at any time after the submission of a Bid/Quote 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 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 Bid/Quote, 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. The prices established for the

Work to be done will reflect all costs pertaining to the Work.

3.1.4 By submission of its Bid/Quote, 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, prior to Bidding which may affect the cost, progress or performance of the

Work and which the Bidder deems necessary to determine its Bid/Quote 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 to conduct such investigations and tests as each Bidder deems necessary for submission of its Bid/Quote at the pre-bid/quote meeting. Upon completion of such field investigations and tests, each Bidder shall 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 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 Bid/Quote in response to an Invitation for Quote 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 and these Instructions to Bidders, that, without exception, the Bid/Quote 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 entering into this contract or performing any work in furtherance hereof, the contractor certifies

Annual Contract-Instructions to Bidders Page 7 of 28 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 Bid/Quote the statement titled “Statement of Participation in

Contracts Subject to Nondiscrimination Clause”, which is incorporated in the Bid/Quote 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 Bid/Quote; that it is a genuine Bid/Quote 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;

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.

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, 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 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.

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 to for Quote in the number desired and for the cost stated therein.

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

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

Annual Contract-Instructions to Bidders…