Solicitation Package (1 OF 3).pdf

BOARD OF COUNTY COMMISSIONERS

PALM BEACH COUNTY, FLORIDA

OLD BRIDGE PARK

PUBLIC USE FACILITIES

Project No.: 2026ERM01

CONTRACT DOCUMENTS: BIDDING REQUIREMENTS,

CONTRACT FORMS, CONDITIONS OF THE CONTRACT,

APPENDICES AND TECHNICAL SPECIFICATIONS

Bids will be received at the Palm Beach County Department of Environmental Resources Management, 2300 N. Jog Road, 4th Floor, West Palm Beach, Florida 33411-2743.

Environmental Resources Management

2300 North Jog Road, 4th Floor

West Palm Beach, FL 334 1 1-2743

(561)233-2400

FAX: (561) 233-2414

www.pbc.gov/erm

Palm Beach County Board of County Commissioners

Sara Baxter, Mayor

Marci Woodward, Vice Mayor

Maria G. Marino

Gregg K. Weiss

Joel G. Flores

Maria Sachs

Bobby Powell Jr.

County Administrator

Joseph Abruzzo

“An Equal Opportunity Employer"

Official Electronic Letterhead

PROJECT NO. 2026ERM01 TABLE OF CONTENTS - 1

PROJECT NAME: OLD BRIDGE PARK

PUBLIC USE FACILITIES

PROJECT NO.: 2026ERM01

TABLE OF CONTENTS

Description Page No.

Invitation for Bid 1-2 Instructions for Pre-Bid Site Visit 1 Instructions to Bidders 1-24 Attachment No. 1A - (FWC) Grant Requirements 1-29 Attachment No. 1B - (FIND) Grant Requirements 30-38 Bid Form 1-6 Attachment No. 1 - Bid Bond 7-8 Attachment No. 2 - List of Subcontractors and Subconsultants 9 Attachment No. 3 - Trench Safety Affidavit 10 Attachment No. 4 - List of Related Work Experience 11 Attachment No. 5 - Certification Regarding Articles, Materials, and 12 Supplies Produced in the United States as Required by 23C.F.R 635.410 (Buy American Act) Attachment No. 6 - Non-Collusion Affidavit of Prime Bidder 13 Attachment No. 7 - Certification Regarding Lobbying 14 Attachment No. 8 - Certification Regarding Debarment, Suspension, 15 Ineligibility and Voluntary Exclusion – Lower Tier Participant Attachment No. 9 - Bidder Disclosure 16-19 Attachment No. 10 - Certificate (Corporation or LLC) 20-21 Attachment No. 11 - List of Proposed Substitute Equipment and Materials 22 Attachment No. 12 - Contractor’s Countries of Concern Affidavit 23 Attachment No. 13 - Human Trafficking Affidavit 24 Attachment No. 14 - Bid Schedule 25

Contract 1-4 Public Construction Bond 1-4 Guarantee 1 General Conditions GC-1 - GC-66 Supplemental Conditions SC-1 - SC-8 Appendix A Notice to Proceed A-2 Construction Invoice Form A-3 Change Order Form A-4 Warranty of Title and Release A-5 - A-6 Statement of Unresolved Claims A-7 Certificate of Substantial Completion A-8 - A-9 Contractor’s Certification of Final Completion A-10 Statement and Documentation Regarding Subcontractor Releases A-11 Consent of Surety for Final Payment A-12

PROJECT NO. 2026ERM01 TABLE OF CONTENTS - 2

Final Warranty of Title and Release A-13 - A-14 Guarantee A-15

Request for Substitution/Modification/Removal of Subcontractor A-16 Request for Information A-17 Field Instructions A-18 Field Bulletin A-19 Construction Change Proposal A-20 Construction Change Directive A-21 Submittals Transmittal A-22 Defective Work Report A-23 Non-Conformance Report A-24

Appendix B Post bid Information B-1- B-5 Technical Specifications TS-1-TS-64

Attachment A – Contract Plans TS-65 -TS 75 Attachment B – Opinion of Probable Cost TS-76 -TS-77 Attachment C – Submittal Registrar TS-78 -TS-79 Attachment D – Contractor Daily Quality Control Report TS-80 -TS-82 Attachment E – Turbidity Monitoring Report TS-83 -TS-84 Attachment F – FDEP Permit Exemption TS-85 -TS-123 Attachment G – Geotechnical Engineering Report TS-124 -TS-147 Attachment H – Lake Worth Bridge Boring Information TS-148 -TS-171

END OF SECTION

PROJECT NO.: 2026ERM01 INVITATION FOR BID - 1

INVITATION FOR BID

Sealed Bids will be received by the Board of County Commissioners, Palm Beach County (PBC), Florida, up to and publicly opened at 2:00 P.M. local time, Thursday, August 27th, 2026 (“Bid Due Date”) in the

PBC Department of Environmental Resources Management (ERM), located at Vista Center, 2300 Jog Road

4th Floor, West Palm Beach, Florida, 33411. The Bid Documents received by this time will be open on the aforementioned Bid Due Date at 2:00 p.m. at a public meeting at the above address.

Project Name: OLD BRIDGE PARK PUBLIC USE FACILITIES

Project No. 2026ERM01

Project Description. The objective of this contract is to provide all necessary support equipment, personnel, supplies, and materials required to execute all activities related to the construction of a fixed dock and the repair of the seawall cap at Old Bridge Park, located within Lake Worth Lagoon in the City of Lake Worth Beach.

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

Documents, which include the plans and technical specifications, and will be available beginning July, 28th, 2026. Bidders can download and print Contract Documents (except for confidential building plans and/or drawings) free of charge from PBC’s Vendor Self-Service (VSS) website: https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService.

A Non-Mandatory Pre-Bid Meeting will take place both virtually and in person on Wednesday, August 12, 2026, at 10:00 AM at PBC, Vista Center, 2300 Jog Road, 4th Floor, West Palm Beach, Florida, 33411. A WebEx link to attend the meeting virtually can be obtained from the VSS website and can be requested via ERM-Bidding@pbc.gov.

A Non-Mandatory Site Visit will take place following the Pre-Bid Meeting, commencing at 1:30 PM.

We ask all prospective bidders to notify ERM of their intent to attend the site visit by 5:00 pm on Friday, August 7th, 2026. Please email ERM-Bidding@pbc.gov or call (561) 233-2400 to notify us of your intent to attend.

Grant Terms and Conditions Apply. This Project will be funded or reimbursed in part with the following grants and county funds:

X Florida Fish and Wildlife Conservation Commission (FWC)

_X_ Florida Inland Navigation District (FIND)

The applicable grant contract clauses, representations, and certifications collectively (State Grant

Requirements) are attached to the Instructions to Bidders, which are a part of the Contract Documents.

Contractors submitting bids for this project must be familiar with and agree to comply with these detailed

Grant Requirements. Contractors should be aware that the County’s Local Preference, Glades Local

Preference, Apprentice Incentive, Glades Resident Incentive, and SBD Ordinances will not apply to this solicitation due to the funding nature of the Project.

Bid proposals must be submitted on the forms provided by ERM and accompanied by a bid bond security in favor of Palm Beach County in the amount equal to five percent (5%) of the bid price. A public construction bond, in an amount equal to 100% of the total contract price, will be required of the successful bidder within fourteen (14) days of the “Notice of Intent to Award.” PBC reserves the right to waive any bid irregularities, informalities, or technical deficiencies and to reject any and all bids. Late bids will be rejected, and the Bid Bond returned.

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService mailto:ERM-Bidding@pbc.gov

PROJECT NO.: 2026ERM01 INVITATION FOR BID - 2

The County intends to make an award to one (1) contractor.

At the time of Bid submission, each bidder and all identified subcontractors must be properly certified and licensed in the State of Florida or hold certifications required by the State of Florida and/or Palm Beach

County, as applicable, for the purpose of performing the specified work.

In accordance with F.S. 287.133(2)(a), persons and affiliates who have been placed on the convicted vendor list may not submit bids, contract with, or perform work (as a contractor, supplier, subcontractor or consultant) with any public entity (i.e. Palm Beach County) in excess of Ten Thousand dollars (or such other amount as may be hereafter established by the Florida Division of Purchasing in accordance with F.S.

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

Please contact ERM at (561) 233-2400 or ERM-Bidding@pbc.gov with any questions regarding this solicitation.

By order of: The Board of County Commissioners, Palm Beach County, Florida

ATTEST:

MICHAEL A. CARUSO, CLERK OF THE CIRCUIT BOARD OF COUNTY COMMISSIONERS

COURT & COMPTROLLER PALM BEACH COUNTY, FLORIDA

DEBORAH DRUM, DIRECTOR, Department of BY: SARA BAXTER, MAYOR

Environmental Resources Management

PUBLISH: The Palm Beach Post

Sunday: August 2nd , 2026

Sunday: August 9th 2026

PROJECT NO. 2026ERM01 INSTRUCTIONS FOR PRE-BID SITE VISIT - 1

PROJECT NAME: OLD BRIDGE PARK PUBLIC USE FACILITIES

INSTRUCTIONS FOR PRE-BID SITE VISIT

The Non-Mandatory Site Visit will take place on August 12 , 2026, at 1:30pm at the address provided and notated on the map below.

Please email ERM-Bidding@pbc.gov or call (561) 233-2400 to notify ERM of your intent to attend the Site

Visit no later than the close of business two days prior. If no bidders pre-register, the site visit will be cancelled.

Old Bridge Park 9 Ocean Blvd., Lake Worth Beach

Make a left turn after entering and meet at the west end of the park.

PROJECT NO. 2026ERM01 INSTRUCTIONS TO BIDDERS – 1

PROJECT NAME: OLD BRIDGE PARK PUBLIC USE FACILITIES

INSTRUCTIONS TO BIDDERS

SECTION DESCRIPTIONS

1. DEFINITIONS

2. LICENSES, BUSINESS TAX, POLICY REGARDING SUBCONTRACTORS

3. BIDDER'S REPRESENTATIONS

4. BIDDING/CONTRACT DOCUMENTS

5. BIDDING PROCEDURE

6. CONSIDERATION OF BIDS AND AWARD OF CONTRACT

7. TIME

8. VOLUNTARY PARTNERING

9. PUBLIC BID DISCLOSURE COMPLIANCE FEES

10. CONSTRUCTION INCENTIVE PROGRAM

11. EARLY COMPLETION INCENTIVE

12. LIQUIDATED DAMAGES

13. LOBBYING

14. CRIMINAL HISTORY RECORDS CHECK

15. PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL

16. VSS REGISTRATION REQUIRED

17. PIGGYBACK CLAUSE

18. LITIGATION

19. PUBLIC STATEMENTS

20. GRANT REQUIREMENTS

PROJECT NO. 2026ERM01 INSTRUCTIONS TO BIDDERS – 2

DEFINITIONS

1.1 Addendum or Addenda are written or graphic instruments issued by the County via the

County’s website, https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService prior to the submission of Bids which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections or other type of modifications. Addenda will become part of the

Contract Documents when the Contract is executed. Bidders, upon receiving Addenda, shall insert the same into the Bidding Documents.

1.2 Additive or Deductive Bid Item is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the work, as described in the

Bidding Documents, is accepted by the County.

1.3 Application for Payment - The Construction Application and Certificate for Payment form, including a schedule of values worksheet, furnished by the County which is to be used by the Contractor to request progress or final payment and which includes such supporting documentation as is required by the Contract.

1.4 Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which

Work may be deducted for sums stated in Additive or Deductive Bid Items.

1.5 Bid is 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 Bid Schedule - The Bidder’s cost proposal for Work items.

1.7 Bidder means one who submits a Bid directly to the County, as distinguished from a sub-

Bidder who submits a Bid to a Bidder.

1.8 Bidding Documents include the Invitation to Bid, Instructions to Bidders, Federal

Requirements, Index of Drawings, the Bid Form and all Attachments, Bid Bond and the Public

Construction Payment and Performance Bonds and Guarantee, the Contract and contract conditions (General and Supplemental), Technical Specifications, Drawings, any Addenda issued prior to the date designated for receipt of Bids and any federal DBE forms and/or federal certifications required to be submitted with the Bid all as further described in Section 5.1.9 of these

Instructions to Bidders.

1.9 Bonds - Bid, Public Construction Bonds (Payment and Performance), and other instruments that protect against loss due to inability, failure or refusal of the Contractor to perform the Work specified in the Contract.

1.10 Change Order - A document signed by the Contractor and the County that authorizes an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract

Term, issued on or after execution of Contract.

1.11 Clearing and Grubbing - This Work item may include, but is not limited to: removal and disposal of trees, stumps and roots; removal of existing pavement, building and structures; and, https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

PROJECT NO. 2026ERM01 INSTRUCTIONS TO BIDDERS – 3

removal of debris and other items necessary to prepare the site for construction, including leveling of the terrain.

1.12 Commencement of Work - Date fixed in the Notice to Proceed as the start date of Work

Time.

1.13 Construction Manager - An employee of the Contractor who shall be in attendance at the project site during performance of the Work and shall represent the Contractor.

1.14 Contract - The written agreement between the County and the Contractor covering the

Work to be performed including all Contract Documents as approved by County.

1.15 Contract Documents consist of the following documents, which are incorporated herein by reference:

• Bidding Documents – Invitation for Bid, Instructions to Bidders, Bid Form and

Attachments including Bid Bond

• Contract Forms – Guarantee, Insurance certificates, Public Construction Bond, Florida

Inland Navigation District Performance Bond

• Contract Conditions – Grant Requirements, General Conditions and Supplement

Conditions

• Appendices

• Technical Specifications, Attachments and Plans

• Addenda

• Sealed Bid

• Permits, Submittals, Drawings, Shop Drawings, Change Orders, Field Instructions, Written Amendments, Supplements when approved

1.16 Contract Price - The maximum compensation for complete performance of the Work.

1.17 Contract Term - The period of time that the Contract is valid beginning from the date of execution and approval of both parties and continuing through the end date as specified in the

Contract, or the date of termination of any outstanding Work Order issued thereto, whichever is later.

1.18 Contractor shall mean the person or entity who is the successful Bidder and who executes a Contract with Palm Beach County and who is identified in the Contract and is referred to throughout the Contract Documents. Contractor may mean the Contractor or its authorized representative as the Contract context requires.

1.19 Contractor’s Fee - A mutually acceptable fixed fee for Overhead and Profit, or, if none can be agreed upon, a fee specified in the General Conditions based on a percentage of the Work.

1.20 Construction Change Proposal (CCP) – A written proposal from the Contractor for accomplishing proposed changes to the work identified by a Field Bulletin. The proposal shall include any proposed changes to contract price and time.

PROJECT NO. 2026ERM01 INSTRUCTIONS TO BIDDERS – 4

1.21 Construction Change Directive (CCD) – A document executed by the Owner directing

Contractor to make changes or additions to in the Work and stating a proposed basis for adjustment, if any, in the Contract Price and/or Contract Time. Owner may issue a CCD if

Contractor does not propose the method of compensation for the Construction Change Proposal

(CCP) or any part thereof within the time required, if any proposed method is not acceptable, or if a method of compensation, or any part thereof cannot be agreed upon.

1.22 Critical Path - A sequence of inter-dependent tasks that determine the duration of the

Project.

1.23 Daily Field Report - A field report prepared by the Contractor documenting site activity for that day and submitted to the County.

1.24 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.

1.25 Defective Work - Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract; or Work that has been damaged prior to the County's recommendation of final payment.

1.26 Defective Work Report (DWR) – A document prepared by the Owner notifying the

Contractor of Defective Work.

1.27 Department shall mean the Palm Beach County, Environmental Resources Management

Department, 2300 N. Jog Road, 4th Floor, West Palm Beach, Florida, 33411-2743, as Lead

Construction Department for Bid advertisement, Sealed Bid receipt, evaluation and award.

1.28 Design Professional/Architect/Engineer of Record - An individual, firm, or corporation that had or has a Contract with the County or an employee of the County for the Project’s engineering design. The Design Professional/Architect/Engineer of Record is not authorized to bind the Owner to changes related to cost and/or time and is only authorized to recommend acceptance or rejection.

1.29 Drawings - The drawings, plans, maps, profiles, diagrams, and other graphic representations which show the character, location, nature, extent and scope of the Work to be performed, which have been prepared and approved by the County and/or the Design Professional, and which are considered a part of the Contract.

1.30 Effective Date - The date indicated in the Contract on which it was executed, but if no such date is indicated, it means the date on which the Contract is approved and executed by County.

1.31 Field Bulletin (FB) – An informal communication document prepared by Owner, pursuant to GC 65.4 that contains proposed changes to Work. The FB does not authorize any change in the

Contract or and is not an authorization to the Contractor to perform additional work or to stop or suspend work, unless specifically stated in FB.

PROJECT NO. 2026ERM01 INSTRUCTIONS TO BIDDERS – 5

1.32 Field Instructions - A document prepared by the Owner providing instructions for minor changes in the work consistent with the intent of the Contract and do not result in an increase to the Contract Sum or Time. As such, instructions are not an authorization for additional compensation or time

1.33 Final Acceptance or Completion - The date the Project is finally accepted by the County in accordance to General Condition Article 72.

1.34 Front-end Loading - This occurs when a Bidder submits a relatively high price on items which are normally completed, or substantially completed, in the early phases of the Work. These items may include: Mobilization, Clearing and Grubbing, Maintenance of Traffic, insurance and bonds, and/or stored materials. For definitions of some of these latter terms, refer to the General

Conditions.

1.35 Glades Local Preference- This means that if the lowest responsive, responsible Bidder is a non-Glades business, then all Bids received from responsive, responsible Glades Bidders are decreased by 5%.

1.36 Inclement Weather - A normal work day during which the Contractor was unable to perform critical path work due to adverse weather or sea conditions for a continuous period of more than four (4) hours during that day as documented in the Daily Field Report.

1.37 Invitation for Bid (IFB) - A competitive Bid process advertised by the County requesting sealed Bids from Bidders for a Project with detailed specifications. A formal Bid opening is scheduled.

1.38 Lands - Project area, including staging areas, right(s)-of-way, easements.

1.39 Laws and Regulations; Laws or Regulations - Laws, rules codes, regulations, ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and

Regulations.

1.40 Liquidated Damages - Damages assessed for Contractor’s failure to complete the Work within the Work Time, including any change(s) to Work Time authorized by Work Supplement(s).

1.41 Local Preference – (Not Applicable)

1.42 Lump Sum and Unit Price Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents containing Lump Sum and, where applicable, unit price work items. For the purpose of determining the Base Bid amount on a Lump

Sum and Unit Price Bid, the unit price costs multiplied by the estimated quantities contained in the Bidding Documents and the Lump Sum shall be added together.

1.43 SBE – (Not Applicable)

1.44 Maintenance of Traffic - This Work item may include, but is not limited to: construction of detour facilities; providing access to local residents; and, providing signals, barricades and flag persons as may be required.

PROJECT NO. 2026ERM01 INSTRUCTIONS TO BIDDERS – 6

1.45 Mobilization - This Work Item may include, but is not limited to: movement of personnel;

materials, equipment and supplies to the job site; establishment of temporary offices, buildings and sanitary facilities; bonds; insurance; and, other preconstruction expenses related to organizing and making resources available for Work at the site.

1.46 Non-conformance Report (NCR) – A document prepared by the Owner notifying the

Contractor that defective work has not been fully corrected.

1.47 Normal Working Hours - Normal working hours declared by the Contractor at the start of the Project and limited by the County as specified in the Technical Specifications.

1.48 Notice to Proceed (NTP) The written notice issued by the County, or its authorized representatives, to the Contractor authorizing the Contractor to proceed with the Work and establishing the date of commencement of the Contract Time.

1.49 Optional/Alternate Bid is a Bid to perform Work for the County in addition to the Base

Bid in which the County at its discretion may choose to execute.

1.50 Palm Beach County/County/Owner means the Palm Beach County Board of County

Commissioners or any of its authorized representatives pursuant to ordinance, resolution, Board authorization, or administrative code. The Board of County Commissioners has delegated Contract and project management responsibilities to the Department.

1.51 Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work.

1.52 Piggyback - A procurement mechanism used by other governmental agencies to enter into a direct contractual relationship with the Contractor using the terms and conditions of this Contract for work.

1.53 Project - The Work to be performed as provided in the Contract.

1.54 Project Manager - The County’s Project Manager, designated by the Department to be the primary contact with the Contractor for the Project. The Project Manager is not authorized to bind the Owner to changes related to cost and/or time and is only authorized to recommend acceptance or rejection.

1.55 Proper Application for Progress Payment or Final Payment - Contractor’s

Construction Application and Certificate for Payment which conforms with all statutory requirements and to all requirements of the Contract.

1.56 Protestor - Protestor, complainant, applicant, requestor, or vendor that has standing to protest a Contract award, or vendor suspension/debarment.

1.57 Punchlist - A listing of Defective Work and incomplete Work on the Project, or a specified

Part, issued by the County after Substantial Completion. The Punchlist shall establish a date for completion of corrective Work.

PROJECT NO. 2026ERM01 INSTRUCTIONS TO BIDDERS – 7

1.58 Request for Information (RFI) – A written request from the contractor for information or clarification regarding aspects of the work or the contract documents. The Owner’s County’s response shall not be considered nor constitute a directive or change to the work, contract price, or contract time.

1.59 Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or on behalf of the Contractor to illustrate some portion of the Work, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by the Contractor to illustrate material or equipment for some portion of the Work.

1.60 Statement of Unresolved Claims - This form is to be used by the prime contractors to disclose any unresolved claims with their subcontractors regarding contract-related issues, and must accompany each invoice.

1.61 Subcontractor - An individual, firm, or corporation having a direct contract with the

Contractor or with any other Subcontractor for the performance of a part of the Work at the Site.

1.62 Submittal Transmittal - A document issued by the Contractor to transmit submittals, including shop drawings, product data, and samples, to the Owner or Design Professional for review. The Submittal Transmittal shall identify the materials submitted, their purpose, and include all required tracking and certification information in accordance with the Contract Documents.

1.63 Substantial Completion - The date as determined by the County, and evidenced by the

County's Certificate of Substantial Completion, certifying that the Work for the Project is sufficiently completed, in accordance with the Contract, so that the Project can be utilized for the purposes for which it is intended. When the Project is considered to be Substantially Complete, this does not constitute Final Acceptance or Final Completion of the Project. The County may, but is not required to, issue a Certificate of Substantial Completion for the completion of Work on a distinct, specified portion of a Project.

1.64 Supplement - A document which, when executed by the Contractor and the County, becomes a part of the Contract and modifies a Work Order by authorizing an addition, deletion, or revision in the Scope of Work, duration, total price, or schedule for a specific Project to be constructed by Contractor in accordance with the terms of this annual Contract.

1.65 Supplier - A manufacturer, fabricator, provider, distributor, materialman or vendor.

1.66 Technical Specifications - Those portions of the Contract consisting of general requirements, written technical descriptions of materials, equipment, products, supplies, manufactured articles, standards and the execution of the Work.

1.67 Unbalanced Bid Item - Bid items in which the Lump Sum or unit prices are not in line with industry standards or averages for the items. In order for a Bid to be balanced, each Bid item must carry its proportionate share of direct cost, overhead and profit. Unbalanced items which are installed and billed at the beginning of the Work also result in Front-End Loading.

PROJECT NO. 2026ERM01 INSTRUCTIONS TO BIDDERS – 8

1.68 Underground Utilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: water, sewage and drainage removal, electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, traffic, or other control systems.

1.69 Unit Cost - The Unit Cost is the cost per unit line item as identified on the Bid Schedule.

Unit Cost can be based on square foot, linear foot, cubic yard, each or such other specific unit as is identified on the Bid Schedule. The Unit Cost includes all Contractor’s costs associated with providing each line item, including overhead and profit.

1.70 Work as used herein refers to the construction and services required by the Contract

Documents and includes all permits, labor, materials, equipment, and services provided by the

Contractor to fulfill the Contractor's obligations.

1.71 Work Time - The number of successive calendar Days stated in the Contract for the completion of the Work. This time includes an allowance for delays due to Inclement Weather of

16 calendar Days per 12 months.

1.72 Written Amendment - A written amendment of the Contract, signed by the Palm Beach

County Board of County Commissioners, Palm Beach County, Florida and the Contractor on or after the Effective Date of the Contract and normally dealing with the non-engineering or non-technical rather than strictly work-related aspects of the Contract.

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. The Bidder and subcontractors, including specialty contractors, are required to have an active State Contractors Certification or an active Palm Beach

County Certificate of Competency at time of Bid submittal. State of Florida Contractor's

Certification/Registration license numbers or Palm Beach County Certificate Numbers must be listed at the applicable places on the Bid Form. Any Bid which is submitted by a Bidder who is not properly licensed/certified at the time the Bid is submitted, or which lists a sub bidder who is not properly licensed/certified at the time the Bid is submitted, will be rejected as non-responsive.

2.2 Business Tax - The Bidder subcontractors of any tier, and specialty contractors must have a valid Palm Beach County business tax receipt at the time of 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.

PROJECT NO. 2026ERM01 INSTRUCTIONS TO BIDDERS – 9

2.3.1 No Contractor, having been awarded any Contract based upon the Contractor’s response to an Invitation to Bid, or other solicitation for competitive selection wherein the

Contractor listed the subcontractors which the Contractor intended to use in performing such contract, shall replace any subcontractor listed in the Contractor’s response to such request without having first demonstrated good cause, and being acceptable to the County in its sole discretion.

2.3.2 No Contractor, having been awarded any Contract based upon the Contractor’s response to an invitation to 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 request to replace or add any subcontractor shall give rise to any liability of any kind on the part of the County.

3.0 BIDDER’S REPRESENTATIONS

3.1 Each Bidder by making its Bid represents that:

3.1.1 Bidder has satisfied itself, by personal examination of the location of the proposed

Work and by thorough examination of the Contract Documents, that Bidder understands all requirements of the Work. In addition, Bidder has, to the extent Bidder determined to be necessary, satisfied itself regarding the accuracy of the estimate of the quantities of the Work to be done; and shall not at any time after the submission of a Bid dispute or complain of such estimate nor the nature or amount of Work to be performed. Bidder is familiar with, and certifies that all Work shall comply with, all Federal, State and Local laws, ordinances, rules and regulations that in any way affect the cost, 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 The Bidder has included the cost for any item of Work not established by the Bid

Schedule or Technical Specifications’ payment provision(s) in some other applicable bid item, so that the Bid does reflect Bidder’s total price for completing the Work in its entirety. In cases where the Technical Specifications’ payment provision(s) relating to any unit price in the Bid Schedule requires that the unit price cover and be considered compensation for certain Work or material essential to the item, the Bidder shall not bid, measure or seek payment for this certain Work or material under any other pay item which may appear elsewhere in the Technical Specifications.

3.1.3 Bidder acknowledges and understands that certain informational drawings and reports may be referenced in the Bidding Documents 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.

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3.1.4 Bidder assumes responsibility for having determined to its satisfaction, prior to the submission of its 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 this Project. The prices established for the Work to be done will reflect all costs pertaining to the Work.

3.1.5 By submission of its 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, prior to Bidding which may affect the cost, progress or performance of the Work and which the Bidder deems necessary to determine its 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.

3.1.6 On request, the County will provide each Bidder access to the Site at the pre-bid conference to conduct such investigations and tests as each Bidder deems necessary for submission of its Bid. 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.

3.1.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials, equipment and supplies are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the County, unless otherwise provided in the Contract

Documents.

3.1.8 The submission of a Bid will constitute an incontrovertible representation by the

Bidder that the Bidder has complied with every requirement of these Instructions to Bidders, that, without exception, the Bid is premised upon performing the Work required by the Contract

Documents and that such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for performance of the Work.

3.1.9 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.

3.1.10 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 way of a Change Order.

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3.1.11 Scrutinized Companies (when Contract value is greater than $1 million)

A. 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.

B. 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.

If the County determines, using credible information available to the public, that a false certification has been submitted by 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.

3.2 Public Entities Crimes/Convicted Bidder List: As provided in F.S. 287.132-133, by entering into this contract or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a).

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

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

As a condition of entering into this Contract, the CONTRACTOR represents and warrants that it will comply with the COUNTY’S Commercial Nondiscrimination Policy as described in

Resolution R2025-0748, as amended. As part of such compliance, the CONTRACTOR shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the 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

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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 this Contract and may result in termination of this Contract, disqualification or debarment of the company 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. CONTRACTOR shall include this language in its subcontracts.

3.4 Prohibition Against Considering Social, Political or Ideological Interests in

Government Contracting - F.S. 287.05701. Bidders are hereby notified of the provisions of

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

3.5 No Collusion; No Conflicts. The undersigned does hereby declare that it is the only person or persons interested in said Bid; that it is a genuine Bid not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; that it is made without any connection with any person submitting another bid for the same Contract; that this Bidder has not directly or indirectly induced or solicited any other bidder to submit a false or sham bid; that the Bid is in all respects fair and without collusion, fraud, or mental reservations; that no official of the County or any person in the employ of the County is directly or indirectly interested in said

Bid or in the supplies 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.

3.6 Apprentice Incentive (Not Applicable)

3.7 Glades Resident Incentive (Not Applicable)

4.0 BIDDING/CONTRACT DOCUMENTS

4.1 Copies

4.1.1 Bidders may download and obtain complete sets of the Bidding Documents from the County’s website https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService.

4.1.2 Bidders shall use complete sets of Contract Documents in preparing Bids; the

County assumes no responsibility for errors or misinterpretations of Contract Documents, including, but not limited to, errors or misinterpretations arising from using incomplete or illegible sets of Contract Documents.

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

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County and any unauthorized use is prohibited by law.

4.1.4 The Contract Documents are the official source of information for each Project.

Contract Documents will take precedence in the event of a conflict between the Contract

Documents, the County’s website, or any other source. While reasonable effort is made to ensure the accuracy, accessibility, and timeliness of the County’s website, the Department cannot guarantee the completeness, accessibility, or accuracy of the County’s website information. Any questions concerning conflicting information must be brought to the attention of the Department by written request for clarification or correction as set forth in Section 4.2.1.

4.2 Interpretation or Correction of Bidding Documents

4.2.1 Bidders shall promptly notify the County in writing of any ambiguity, inconsistency or error which is discoverable upon examination of the Bidding Documents or of the site and local conditions. Failure to provide such notice shall constitute a waiver of any claims Contractor may have based on such ambiguity, inconsistency or error.

4.2.2 No interpretation or clarification of the meaning of, or correction or change to the

Bidding Documents will be made to any Bidder orally. Every request for interpretation, clarification, or correction should be in writing and submitted to the Palm Beach County

Department of Environmental Resources Management, Vista Center, 2300 N. Jog Road, 4th Floor, West Palm Beach, Florida, 33411-2743 at least seven (7) calendar days prior to the date fixed for the Bid opening. Written requests may be hand delivered, mailed, faxed to (561)233-2414, or e-mailed to erm-bidding@pbcgov.org. Under Florida law, e-mail addresses are public records. If

Bidder does not want its e-mail address released in response to a public records request, Bidder must not send e-mail requests.

Bidders requesting clarification or interpretation of the Bidding Documents shall supply the

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

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

4.2.3 Any and all such interpretations, clarifications or corrections and any supplemental instructions will be in the form of written Addendum to the Contract Documents which, if issued, will be available for download from the County’s Vendor Self-Service (VSS) website, https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the Bidder to routinely check VSS for any Addendum that may have been issued prior to the deadline for receipt of Bids. Interpretations, corrections or changes made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections or changes.

4.2.4 Governing Order of Contract Documents - The Contract Documents include various divisions, sections and conditions which are essential parts for the Work to be provided by the successful Bidder. A requirement occurring in one is as binding as though occurring in all.

They are intended to be complementary and to describe and provide for a complete Work. In case mailto:erm-bidding@pbcgov.org https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

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of discrepancy, the order of precedence set forth here will govern the interpretation of the Contract

Documents prior to and after award of the Contract. In case of discrepancy among the Technical

Specifications, permits, and drawings and plans, the most restrictive requirements shall govern.

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

a. Permits, Submittals, Drawings, Plans, Shop Drawings, Change Orders, and Written

Amendments, when approved

b. Addenda

c. Technical Specifications and attached Figures, Tables, Attachments, Appendices

d. Supplemental Conditions, if included

e. Contract Conditions - General Conditions

f. Bidding Documents - Invitation for Bid, Instructions to Bidders, Bid Form and

Attachments, including Bid Bond

g. Appendices

h. Contract Forms - Guarantee, Insurance Certificates, Public Construction Bond

i. Sealed Bid

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

4.3 Addenda

4.3.1 As they are issued, all Addendum to this solicitation will be posted under the applicable solicitation on the County’s on-line Vendor Self-Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the sole responsibility of the Bidder to routinely check VSS for any Addendum that may have been issued prior to the deadline for receipt of Bids.

4.3.2 Copies of Addenda will be made available for inspection…