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HomeMy WebLinkAboutInstructions to Bidders• • • ,PREVIOUS CONTRACT NO. H-9-03-242-61 BID NO. H-Z-05-376-B1 PURCHASING JLVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA SPECIAL INSTRUCTIONS TO BIDDERS (IN ADDITION TO GENERAL CONDITIONS) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) SUBMISSION OF SEALED BIDS: The Invitation for Bid form must be executed and submitted with all bid sheets and should be in a sealed envelope. The original should be signed in blue and included with a photocopy of your bid in one envelope. The face of the envelope should contain the address, the date and time of bid opening, and bid number. Bids not submitted on bid sheets may be rejected. All bids are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. 1.. SCOPE: Bids are hereby invited to establish an open-end contract to furnish all labor, materials, equipment and services required to perform various maintenance, installation, and repair services for roadway systems, and other work that is in the realm of the services specified herein for various divisions under the jurisdiction of the Board of County Commissioners. The primary user of the resultant contract will be the Office of Transportation/Engineering Division, under the direction of the Contract Administrator. All work will be performed within Broward County. The CONTRACTOR'S base of operation for equipment and personnel must be within the Tri-County area to afford efficient control of the work and communications. 2. CONTRACT PERIOD: The initial contract period shall start on April 27, 2006 or date of award, whichever is later, and shall terminate one (1) year from that date. All prices, terms, conditions, and specifications shall remain firm for the initial period of the contract and for any renewal period(s). Renewal Period(s): This contract may be renewed by the Purchasing Director, for two (2) one (1) year periods, subject to satisfactory performance, CONTRACTOR acceptance and determination that renewal is in the best interest of the COUNTY. If CONTRACTOR DOES NOT intend to renew, it shall be his sole responsibility to notify the COUNTY of such intent, by registered mail, at least 90 days prior to the expiration of the contract. If the COUNTY elects to request a Notification of CONTRACTOR'S Intent, the CONTRACTORS response will be binding. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Purchasing Director. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the County. GRMC-PB1 2-2005 2/16/06 Page 1 of 84 • PREVI9US CONTRACT NO. H-9-03-242-B1 - BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 2. CONTRACT PERIOD: (Continued) AWARD CRITERIA: If a specific basis of award is not established in the Invitation for Bid, the award shall be to the responsible bidder with the lowest responsive bid meeting the written specifications. No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid comparison purposes only. The Board of County Commissioners reserves the right to: issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, make random, open market purchases for any or all of the item(s) on any open end contract or, any combination of the preceding. No delivery shall become due or be acceptable without a written order by the County, unless otherwise provided for in the contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required, the seller may be given telephone notice, to be confirmed by an order in writing. 3. CONTINGENCY FEES: By submission of this offer, contractor certifies that no contingency fees (sometimes known as a finder's fee) has been paid to any person or organization other than a bona -fide employee working solely for the vendor to secure a contract made pursuant to this solicitation. Violation of this policy may result in termination of any resultant contract and/or possible debarment of the contractor. 4. FURTHER INFORMATION: The requirements and services to be provided are stated in Attachment "A" attached hereto and made a part hereof. Bidders requiring additional information regarding any of the bid terms, conditions or administrative requirements should contact Ann Potter, Purchasing Agent at (954) 357-6549. Bidders requiring technical clarifications should contact Richard Tornese (954) 577-4579. No change(s) and no interpretation(s) shall be considered binding unless provided to all bidders in writing by the Director of the Purchasing Division. 5. PORT EVERGLADES SECURITY REQUIREMENTS: (ONLY FOR PORT EVERGLADES BIDS) The Department of Port Everglades requires persons to present, at port entry, a valid drivers license and valid reason for wishing to be granted port access in order to obtain a temporary/visitor ID badge. For persons who will visit the Port more than 5 times in a 90 day period, a permanent identification badge must be obtained and paid for by the contractor for all employees, subcontractors, agents and servants visiting or working on the port project. A restricted access badge application process will include fingerprints and a comprehensive background check. Badges must be renewed annually and the fees paid pursuant to Broward County Administrative Code, Section 42.6. For further information, please call (954) 765-4604. GRMC-PB12-2005 2/16/06 Page 2 of 84 • PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 5, PORT EVERGLADES SECURITY REQUIREMENTS: (Continued) All vehicles that are used regularly on the dock apron must have a Dockside Parking Permit. Only a limited number of permits will be issued per business entity. The fee is $100.00 per permit/vehicle. Individuals requesting a permit must possess a valid Port -issued Restricted Access Area badge with a "Dock" destination. Requests for Dockside Parking Permits must be submitted in writing, on company letterhead, to the ID Badge Office. Applicants must demonstrate a need for access to the dock apron. Requests shall be investigated, and approved, if appropriate justification is provided. Supporting documentation must be supplied, if requested. Dock permits are not transferable and must be affixed to the lower left corner of the permitted vehicle's windshield. Should the permit holder wish to transfer the permit to another vehicle during the term of issuance, the permit will be removed and exchanged at no charge for a new permit. Only one business entity representative will be permitted on the dock at a time at the vessel location. 6. SPECIAL NOTICE: In accordance with OSHA Regulation 29 CFR 1926.1101(k) (2), bidders are notified of the presence of asbestos containing material and/or presumed asbestos containing material at some Broward County locations. For a listing of those locations, refer to www.broward.org/purchasing/bids/asbestos.pdf. You may request a copy of subject location listing by calling (954) 357-6066. 7. PRE -BID CONFERENCE: Attendance at pre -bid conference is optional. This information session presents an opportunity for bidders to clarify any concerns regarding the bid requirements. The bidder is cautioned that, although the Pre -Bid Conference is optional, no modification or any changes will be allowed in the pricing because of the failure of the bidder(s) to have attended the conference. Job site visitation is strongly recommended; submission of a bid will be construed that the bidder is acquainted sufficiently with the work to be performed. Pre -Bid Conference Date: February 28, 2006 Time: 9:00 A.M. Location: One University Drive, Building B Engineering Conference Room 3rd Floor, Room 300B Plantation, FL If you require any auxiliary aids for communication, please call 357-6065 so that arrangements can be made in advance. GRMC-PB 12-2005 2/16106 Page 3 of 84 • PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 8. LICENSING REQUIREMENTS: In order to be considered a responsible bidder for the scope of work set forth in these bid documents, the bidder shall possess one of the following licenses (including any specified State registration, if applicable) at the time of bid submittal. Any certificate of competency that meets or exceeds those specified will be considered responsible. STATE: COUNTY: General Contractor General Engineered Construction Builder OR Major Roads Class "A" 9. OCCUPATIONAL LICENSE REQUIREMENTS: Occupational licenses from Broward County firms will be required to be submitted within 15 days of notification of intent to award. Occupational licenses will be required pursuant to Chapter 205.065, Florida Statutes. 10. INSURANCE REQUIREMENTS: (SAMPLE INSURANCE CERTIFICATE ATTACHED)(Attachment "N") The Insurance Requirements contained in this Bid represent the minimal protection necessary for the County as determined by the Risk Management Division. Further modifications of the requirements may be made at the sole discretion of the Risk Management Division if circumstances change or adequate protection of the County is presented. No award will be recommended until a written determination is made by Risk Management Division that the County is adequately protected. The low bidder shall be required to provide proper insurance to the Purchasing Division prior to award by the Purchasing Director or recommendation of award to the Board of County Commissioners, whichever is applicable. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by the COLINTY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth in this Section. 10.1 Workers' Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws. In addition, the policy(s) must include: GRMC-PB12-2005 2/16/06 Page 4 of 84 • • • PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET' 10. INSURANCE REQUIREMENTS: (Continued) 10.1.1 Employers' Liability with minimum limits of One Hundred Thousand Dollars ($100,000.00) each accident. 10.1.2 Notice of Cancellation and/or Restriction -- The policy(s) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restriction. 10.2 Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 10.2.1 Premises and/or Operations. 10.2.2 Independent Contractors. 10.2.3 Products and/or Completed Operations. 10.2.4 Explosion, Collapse and Underground Coverages. 10.2.5 Broad Form Property Damage. 10.2.6 Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 10.2.7 COUNTY is to be included as an "Additional Insured" in the name of "Broward County Board of Commissioners" with respect to liability arising out of operations performed for COUNTY in connection with general supervision of such operation. 10.2.8 Notice of Cancellation and/or Restriction -- The policy(s) must he endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restriction. 10.3 Business Automobile Liability with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: GRMC-PB12-2005 2/16/06 Page 5 of 84 ,PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 10. INSURANCE REQUIREMENTS: (Continued) 10.3.1 Owned Vehicles. 10.3.2 Hired and Non -Owned Vehicles. 10.3.3 Notice of Cancellation and/or Restriction -- The policy(s) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restrictions. 10.4 Installation Floater required for replacement of material, equipment, installation. All risk, agreed value. Otherwise, contractor will be responsible for tools, materials, equipment, machinery, etc., until completion, acceptance by County and County takes possession, with a deductible of not more than Ten Thousand Dollars ($10,000.00) each claim. 10.5 The CONTRACTOR shall provide to the COUNTY Certificates of Insurance evidencing the insurance coverage specified in 9.1, 9.2, 9.3 and 9.4 above. The Contractor should provide these Certificates within fifteen (15) days after request by the Purchasing Agent. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this Contract and section and the above paragraphs in accordance as required by such paragraphs of this Contract. If the initial insurance expires prior to the completion of the work, renewal Certificates of Insurance shall be furnished thirty (30) days prior to the date of their expiration. 10.6 Certificates of insurance shall be provided as specified in sub -section 9.5 above unless any of these coverages are, for just cause, inapplicable, and upon specific request by the vendor are excepted by written determination of risk management and approved by the purchasing director. If an exception is requested, the bidder should indicate in the appropriate area on the bid sheet any such request including reason(s) thereto for exemption from insurance requirements as specified in this section of this invitation for bid/quotation request. 11. INDEMNIFICATION: CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attomey's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify, defend or hold harmless COUNTY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. GRMC-PB12-2005 2/16/06 Page 6 of 84 PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 12. BID GUARANTY: All bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 8, or by cash, money order, certified check, cashier's check, original irrevocable letter of credit, (Attachment "B") treasurer's check or bank draft of any national or state bank (United States), in an amount equal to 5 percent of the Performance and Payment Guarantee payable to the Board of County Commissioners and conditioned upon the successful Bidder executing the Contract and providing the Performance and Payment Guaranty and evidence of insurance within 15 calendar days after notification of intent to award of the Contract. A personal check or a company check of a Bidder shall not be deemed a valid bid guaranty. Guaranty of the successful Bidder shall be forfeited to the Board of County Commissioners not as a penalty, but as liquidated damages for the cost and expense incurred should said Bidder fail to provide the required Performance and Payment Guaranty or Certificate of Insurance or fail to comply with any other requirements set forth herein. Bid Guaranties of the unsuccessful Bidders will be returned after award of Contract. 13. PERFORMANCE AND PAYMENT GUARANTY: At the County's option, the Performance and Payment Guaranty will be required either: *Within approximately 15 days of being notified of intent of award and prior to award. or *Within approximately 7 days after award and prior to issuance of the Purchase Order and Notice to Proceed. Performance and Payment Bond (Surety) 13.1 A performance and Payment Bond of the form and containing all the provisions of the Performance and Payment Bond attached hereto. (Attachment "C") 13.2 The Bond(s) shall be in the amount of 50 percent of the Contract amount guaranteeing to County the completion and performance of the work covered in such Contract as well as full payment of all suppliers, material men, laborers, or subcontractors employed pursuant to this project. Such Bond(s) shall be with a surety company which is qualified pursuant to Section 8., Qualification of Surety. 13.3 Such Bond(s) shall continue in effect for one year after completion and acceptance of the work with liability equal to 50 percent of the Contract price, or an additional bond shall be conditioned that the CONTRACTOR will upon notification by the COUNTY, correct any defective or faulty work or materials which appear within one year after completion of the Contract. GRMC-PB12-2005 2/16/06 Page 7 of 84 • PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 13. PERFORMANCE AND PAYMENT GUARANTY: (Continued) Performance and Payment Bond (Surety) (Continued) 13.4 Pursuant to the requirements of Section 255.05(1) (a), Florida Statutes, CONTRACTOR shall ensure that the bond or bonds referenced above shall be recorded in the public records of Broward County. Performance and Payment Guaranty: 13.5 In lieu of the Performance and Payment Bond, CONTRACTOR may fumish an altemate form of security which may be in the form of cash, money order, certified check, cashier's check or irrevocable letter of credit (Attachment D). Such alternate forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable above and shall be held by the COUNTY for one year after completion and acceptance of the work. 14. QUALIFICATIONS OF SURETY: 14.1 A Bid Bond and Performance and Payment Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least five years. 14.2 In addition to the above -minimum qualifications, the surety company must meet at least one of the following additional qualifications: A) The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10 Section 233.111). Further, the surety company shall provide the County with evidence satisfactory to the County, that such excess risk has been protected in an acceptable manner. B.1) The County will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the County shall review and either accept or reject the surety company based on the financial information available to the County. A surety company that is rejected by the County may be substituted by the bidder or proposer with a surety company acceptable to the County, only if the bid amount does not increase. GRMC•PB12-2005 2/16/06 Page 8 of 84 op • PREVIOUS CONTRACT NO. H-9-03-242-B1 - BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 14. QUALIFICATIONS OF SURETY: (Continued) B.2) The surety company shall have at least the following minimum ratings: Policyholder's Financial Amount of Bond Ratings Size Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII C) For projects which do not exceed $500,000.00 the County shall accept a Bid Bond and Performance and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid Certificate of Authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code. (Attachment "E") D) The County will accept a surety bond from a company with a rating of B+ or better; provided, however, that if the surety company appears on the 'Watch List' that is published quarterly by 'Focus' of the Office of the Florida Insurance Commissioner, the County shall review and either accept or reject the surety company based on the financial information available to the County. A surety company that is rejected by the County may be substituted by the bidder or proposer with a surety company acceptable to the County only if the bid amount does not increase. 15. LIQUIDATED DAMAGES: 15.1 The work to be performed under this Contract shall be commenced upon issuance of Purchase Order, which will not be issued until receipt of all required documents. 15.2 The work shall be completed and ready for final payment within the number of calendar days from the date indicated on the Notice to Proceed. GRMC-PB12-2005 2/16/06 Page 9 of 84 or • PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 15. LIQUIDATED DAMAGES: (Continued) 15.3 Upon failure of the CONTRACTOR to complete a project awarded pursuant to this contract within the specified period of time (plus approved extensions, if any) the CONTRACTOR shall pay to COUNTY the sum of Three Hundred Dollars ($300.00) for each calendar day (plus approved extensions) after the time specified for completion and readiness for final payment. This amount is not a penalty but liquidated damages to the COUNTY. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the COUNTY as a consequence of such delay. Contractor acknowledges and agrees that damages to County from untimely completion are extremely difficult to determine, and accordingly the Contractor agrees that the amount of liquidated damages provided for herein is the nearest and most exact measure of damages for such delays. 15.4 The COUNTY is authorized to deduct liquidated damage amounts from the monies due to CONTRACTOR for the work under this contract, or as much thereof as the COUNTY may, at its own option, deem just and reasonable. 16. LICENSES: As a prerequisite to the submission of a bid and for the duration of the Contract the successful bidder must hold all state and local licenses required by law, for the specific type of work required in the Purchase Order. See Paragraphs 6 and 7. The CONTRACTOR shall be responsible to ensure that subcontractors used by the bidder shall also be licensed as above for the specific type of work they intend to perform. A copy of CONTRACTORS' and subcontractors licenses will be submitted to the CONTRACT ADMINISTRATOR of the Division using the Contract on a job by job basis. Verification of subcontractors licenses shall be supplied to the COUNTY upon request. 17. PERMITS AND FEES: (For agencies other than Broward County Commissioners) The CONTRACTOR shall procure and pay for all permits and licenses, charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the work. The cost of all permits, fees, etc. shall be included in price bid except where noted in the specifications and requirements. The CONTRACTOR shall obtain and pay for all permits and fees required by the Building Department of the City (if in a municipal boundary) COUNTY, State and Federal agencies and shall give all notices necessary to carry on the work. The COUNTY will reimburse the CONTRACTOR for any permit/fee costs in connection therewith. Said costs shall be billed to the COUNTY and approved by the CONTRACT ADMINISTRATOR prior to payment at the exact amount of the permit fee. Paid Permit Fee receipts will be attached to Pay Requests. Broward County Engineering Division does not require permits for emergency repairs. Emergency additions to existing facilities will require a permit and this permit can follow the emergency work. GRMC-P612-2005 2/16/06 Page 10 of 84 • • PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 17. SUBCONTRACTING: After award and prior to start of construction, the CONTRACTOR shall submit a listing of all subcontractors, if any, and the portion of the Contract they will perform. If subcontractors are stated, this does not relieve the CONTRACTOR from the prime responsibility of full and complete satisfactory and acceptable performance under any awarded contract. (See Attachment "I"). 18. CODE REQUIREMENTS: The CONTRACTOR and his subcontractors on this project must be familiar with all applicable Federal, State, County, City and Local Laws, Regulations or Codes and be governed accordingly as they will apply to this project and the actions or operations of those engaged in the work or concerning materials used. CONTRACTOR shall ask for and receive any required inspections. 19. CONTRACTOR RESPONSIBILITIES: The CONTRACTOR will be responsible for the provision, installation and performance of all equipment, materials, services, etc. offered in his Bid. The CONTRACTOR is in no way relieved of the responsibility for the performance of all equipment furnished, or of assuring the timely delivery of materials, equipment, etc. even though it is not of his own manufacture. 20. DRUG -FREE WORKPLACE CERTIFICATION: Broward County Procurement Code Chapter 21.31.a. requires awards of competitive sealed bids and sealed proposals requiring Board Award be made only to firms certifying the establishment of a drug free workplace. The Drug Free Workplace Certification (Attachment "F") must be furnished to this office prior to an award being made. Failure to provide this certification will render your office unqualified and ineligible for award. 21. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT: "SECOND PARTY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. SECOND PARTY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, SECOND PARTY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. SECOND PARTY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 161) in performing any services pursuant to this Agreement." GRMC-PB12-2005 2/16/06 Page 11 of 84 PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 • • • SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 22. LIVING WAGE ORDINANCE: Bidders are advised that the provisions of Broward County Ordinance 2002-45 (Living Wage Ordinance) will apply to this contract. By submitting a bid pursuant to these specifications, a bidder is hereby agreeing to comply with the provisions of Ordinance 2002-45 and acknowledges awareness of the penalties for non-compliance. Explanation of Living Wage requirements is included in Attachment "G". The Living Wage Certification, included in Attachment "G", must be furnished to this office prior to an award being made as well as submitted with each invoice for the services specified herein. 23. MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE) — DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOALS PROGRAMS: In 2004, the Board of County Commissioners enacted the Broward County Business Opportunity Act, Ordinance 2004-07. Contracts having a dollar value in excess of $250,000.00 must be considered for the application of goals for MBE and WBE participation, or DBE participation where the project is funded in whole or in part with federal funds. As goals are applied to this contract, the bidder must comply with the following: a. Section 00320 - Requirements for Contracts with M/WBE Goals (attached); b. Article XIV, Chapter 20, Broward County Code of Ordinances; and c. Administrative Procedures implementing item (b) above A copy of items (b) and (c) may be viewed at, and any questions regarding the County's M/WBE Program should be directed to the Small Business Development Division at (954) 357-6400 during weekday business hours. Goals have been established for this contract. The M/WBE requirements are a matter of responsiveness. To be responsive, the bidder must do the following for all M/WBE requirements specified: 1. Submit the M/WBE documents with the bid. 2. Submit the M/WBE documents complete and correct. 3. All M/WBE sub -contractors, submitted by the bidder for evaluation by the County, must be certified by the Broward County Commissioner's Small Business Development Division prior to the bid opening. As an attachment, a copy of the following documents have been included: 1. Letter of Intent to Utilize M/WBE Subcontractors (SBDD Compliance Form 2004-1) — Attachment "H". 2. M/WBE Schedule of Participation (SBDD Compliance Form 2004-2) — Attachment "I". 3. M/WBE Unavailability Report (SBDD Compliance Form 2004-3), only required if goals were not met - Attachment "J". GRMC-PB12-2005 2/16/06 Page 12 of 84 • PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 23. MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE) — DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOALS PROGRAMS: (Continued) For the purposes of goal achievement the County requires the successful Bidder to use Certified Broward County business enterprises; and the Office of Equal Opportunity/Small Business Development Division maintains a directory of certified firms which is available to bidders. THIS CONTRACT HAS THE FOLLOWING MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE) NUMERICAL GOALS: African American 9% Hispanic 9% Women 8 % TOTAL M/WBE NUMERICAL GOALS 26% The directory mentioned above is available for use by VENDORS on-line through the Broward County Small Business Development Division at http://www.broward.orq/smallbusiness/directory.htm. Contact the Small Business Development Division at (954) 357-6400 for more information. A Broward County certified Women -owned Business Enterprise (WBE) and/or a Broward County certified Minority Business Enterprise (MBE) is defined as a Tri-County (Broward/Miami-Dade/Palm Beach) headquartered business that is at least 51 % owned and controlled by one or more of the following classifications: A. African -Americans, which includes persons having origins in any of the black racial groups of Africa; B. Hispanic Americans, which includes persons of Spanish or Portuguese culture with origins in North, South or Central America or the Caribbean region, regardless of race. C. Asian -Pacific Americans, which includes persons whose origins from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the United States Trust Territories of the Pacific and Northwest Marianas; D. Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; E. Asian -Indian Americans, which includes persons whose origins are from India, Pakistan, and Bangladesh; F. Any individuals found to be socially and economically disadvantaged by the Small Business Administration; and G. Any women not included in (A) through (F) above. H. A DBE is a small business, as defined pursuant to the Small Business Act, 15 U.S.C., as amended. Ownership and control specifically refers to a business: at least 51-percent owned by one or more disadvantaged persons, minority or women, or, in the case of a publicly owned business, of which at least 51-percent of the stock is owned by one or more disadvantaged persons, and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. NOTE: The Broward County Business Opportunity Act of 2004 can be found at www.broward.org/smallbusiness/small_bus.pdf. GRMC-PB12-2005 2/16/06 Page 13 of 84 PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 • • SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 24. DBE, MBE OR WBE COMPLIANCES: 24.1 Reporting In accordance with Broward County Ordinance 2004-07, no Tess than monthly, the contractor will report to the County Contract Administrator all expenditures made to achieve compliance with its assigned goals or other contractual conditions agreed to by the contractor pursuant to this contract (M/WBE Contract Compliance, Form No. 133 — Attachment "K"). All reports shall include the name and business address of each DBE, MBE, and WBE solicited by the contractor to work as a subcontractor or supplier on the contract and the responses received by the contractor to such solicitation; the name and business address of each DBE, MBE, and WBE actually involved in the contract, a description of the work performed and/or product or service supplied by each DBE, MBE, or WBE; the date and amount of each expenditure; the DBE, MBE, or WBE status of any contractor performing any portion of the contract; and any other information requested by the County which may assist the County in determining the contractor's compliance with its contractual obligations, or may assist in the implementation and enforcement of this act. The submission of the report required by this subparagraph shall be a condition for payment of the contractor. 24.2 Remedies The contractor's non-compliance with the commitment to DBE, MBE or WBE participation, or the unexcused reduction of DBE, MBE, or WBE participation, in connection with a contract including any modification thereof, shall entitle the affected DBE, MBE, or WBE to damages pursuant to such agreement. If a subcontractor, material supplier, or other similarly -situated person institutes an arbitration proceeding claiming noncompliance with this law by the contractor, then only in such event shall the remedies include an undertaking by the contractor to submit any dispute concerning such damages to binding arbitration by an independent arbitrator. However, binding arbitration shall not be available as to any dispute between the contractor and any department or agency of the Broward County Board of County Commissioners; nor shall Broward County incur any cost, fee, or liability relative to any arbitration proceedings. An arbitrator may award reasonable attorney's fees and costs against a non -prevailing party. Nothing herein shall be construed to limit the rights of and remedies available to the Broward County Board of County Commissioners, including the right to seek its own damages pursuant to the contract. Any contractor whose status as DBE, MBE, or WBE was a factor in the award of the contract, and such status was misrepresented by the contractor; or obtained the contract award or attempted to meet its contractual obligations through fraud, misrepresentation, or material misstatement shall be subject to debarment for a period of time set by the Purchasing Director in accordance with the Broward County Procurement Code. The Director of the Small Business Development Division, in consultation with the Purchasing Director, shall be responsible for conducting any investigation necessary under this subparagraph. GRMC-PB12-2005 2/16/06 Page 14 of 84 i • • PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 24. DBE, MBE OR WBE COMPLIANCES: (Continued) • 24.2 Remedies (Continued) If the subcontractor's, subconsultant's or supplier's status as DBE, MBE, or WBE was a factor in the award of the contract, and the status of the subcontractor, subconsultant, or supplier was misrepresented by the contractor, subcontractor, subconsultant, or supplier; or the subcontractor, subconsultant, or supplier attempted to meet its contractual obligations through fraud, misrepresentation, or material misstatement; or should it be determined that the contractor was knowingly involved in any fraud, misrepresentation, or material misstatement concerning the status of the disqualified subcontractor, subconsultant or supplier, the contractor shall not be awarded DBE, MBE, or WBE participation credit. Any contractor, subcontractor, subconsultant, or supplier who is determined to have engaged in actions or conduct described above shall be subject to debarment for a period of time set by the Purchasing Director in accordance with the Broward County Procurement Code. The Director of the Small Business Development Division, in consultation with the Purchasing Director, shall be responsible for conducting any investigation necessary under this subparagraph. The contractor shall allow the County access to the contractor's books and records including, without limitation, payroll records, tax retums and records, and books of account, on five (5) business days' notice, to allow the County to determine the contractor's compliance with its commitment to DBE, MBE, and WBE participation and the status of any DBE, MBE, or WBE performing any portion of the contract. This provision shall be in addition to, and not a substitute for, any other provision allowing inspection of the contractor's records by any officer or official of the Broward County Board of County Commissioners for any purpose. GRMC-PB12-2005 2/16/06 Page 15 of 84 • or • PREVIOUS CONTRACT NO. H-9-03-242-B1 - BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 00320. REQUIREMENTS FOR CONTRACTS WITH M/WBE GOALS: 1. M/WBE prime and subcontract awards and minority -majority joint ventures are crucial to the achievement of M/WBE goals. Therefore, goals of participation by M/WBE firms have been set for this project per Minority/Women Business Enterprise (M/WBE) — Disadvantaged Business Enterprise (DBE) Goals Programs section. 2. All Bidders, to be responsive, must submit all forms required by the M/WBE Notice with their bids (See Minority/Women Business Enterprise (M/WBE) — Disadvantaged Business Enterprise (DBE) Goals Programs section) in order to document compliance with the goals set forth for this project. The forms submitted shall only address the base bid exclusive of any alternate bid item(s), if any. M/WBE participation for alternate bid item(s), if any, shall be addressed after bid opening pursuant to section 10.5 hereof. 3. Bidders may submit revised Schedules of M/WBE Participation upon approval of the Small Business Development Division. Any change after bid opening or prior to award shall only involve the utilization of M/WBE contractors certified by the Small Business Development Division. 4. All Bidders who submitted with their bid, an M/WBE Unavailability Certification must be able to demonstrate through proper documentation their reasonable efforts to meet the goal if they wish to remain eligible for award. Reasonable efforts as determined by the Small Business Development Division to meet the M/WBE Contract goals may include, but are not limited, to: 4.1 Attendance at any scheduled prebid meeting concerning M/WBE participation. 4.2 Timely advertisement in general circulation media, trade association publications, and minority -focus media. 4.3 Timely notification of minority business or contractor groups and associations of solicitation for specific sub -bids. 4.4 Proof of written solicitations to M/WBE firms. 4.5 Efforts to select portions of the work proposed to be performed by M/WBE in order to increase the likelihood of achieving the stated goal. GRMC-PB12-2005 2/16/06 Page 16 of 84 so PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 00320. REQUIREMENTS FOR CONTRACTS WITH M/WBE GOALS (Continued) 4.6 Efforts to provide M/WBE that need assistance in obtaining bonding or insurance required by the Bidder or COUNTY. 4.7 A report submitted by the Bidder to the Small Business Development Division prior to award explaining the Bidder's efforts to obtain M/WBE participation. The report shall include the following: 4.7.1 A detailed statement of the timely efforts made to negotiate with M/WBE including at a minimum the names, addresses, and telephone numbers of M/WBE who were invited to bid or otherwise contacted; a description of the information provided to M/WBE regarding the plans and specifications for portions of the work to be performed; and a detailed statement of the reasons why additional agreements with M/WBE, if needed to meet the stated goal, were not reached. 4.7.2 A detailed statement of the efforts made to select portions of the work proposed to be performed by M/WBE in order to increase the likelihood of achieving the stated goal. 4.7.3 As to each M/WBE which bid on a Subcontract but which the Bidder considers to be unqualified, a detailed statement of the reasons for the Bidder's conclusion. 4.7.4 As to each M/WBE invited to bid, but which the Bidder considers to be unavailable because of a lack of bid response or the submission of a bid which was not the low responsive bid, an Unavailability Certificate signed by the Bidder. 5. A Letter of Intent to perform as a Subcontractor (Attachment "H") executed by each M/WBE Subcontractor listed on the Schedule of M/WBE Participation must be submitted with the bid document. The information contained within the Letter of Intent and the information contained within the M/WBE Participation Schedule must be the same as to content. 6. Each M/WBE listed on the Schedule of M/WBE Participation must be certified prior to bid opening by Broward County as an M/WBE in order to be eligible for award. In the event that an M/WBE is not certified by the Small Business Development Division, the Contractor must select an M/WBE firm from the directory maintained by the Small Business Development Division, or file with that office an M/WBE Unavailability Certificate. GRMC-PB1 2-2005 2/16/06 Page 17 of 84 i • PREVIQUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 00320. REQUIREMENTS FOR CONTRACTS WITH M/WBE GOALS (Continued) 7. A Joint Venture Eligibility Application (if the Bidder is a Joint Venture with an M/WBE participant) must be submitted with the bid document. The Joint Venture Eligibility Application may be obtained at the Small Business Development Division. 8. These Contract Documents may include additional terms and conditions required by federal or state grantor agencies. In the event of any discrepancy between the grantor agency's M/WBE policies or programs and COUNTY's policies or programs the more stringent policy (for example, the program with higher goals) shall apply. 9. A responsive low bid of a Bidder, who is otherwise responsible, will not be rejected because the M/WBE goals cannot be met, if the Bidder complies with the requirements set forth within Section 4 above. 10. The degree of M/WBE participation shall be calculated as follows: 10.1 A joint venture, consisting of minority and majority business enterprises functioning as a prime contractor, will be credited with minority participation on the basis of percentage of profit to accrue to the M/WBE. (For example, if a minority -majority joint venture proposed to perform fifty percent (50%) of a project quoted at $500,000.00 and fifty percent (50%) of the profits are to accrue to the minority partner in the joint venture, minority participation will be credited as twenty-five percent (25%) of the work or $125,000.00.) 10.2 M/WBE prime contractors will be credited with minority participation for that portion of the Contract which they perform and that portion subcontracted to minority firms. (For example, if an M/WBE contractor proposed to perform fifty percent (50%) of a project quoted at $500,000.00 and subcontracts twenty-five percent (25%) to a majority firm and twenty-five percent (25%) to a minority firm, minority participation will be credited at seventy-five percent (75%) or $375,000.00.) Bidder shall indicate percentages on the MNVBE Schedule of Participation. 10.3 The Bidder may count toward its M/WBE goals expenditures for materials and supplies obtained from M/WBE suppliers and manufacturers, provided that the M/WBE assume the actual and contractual responsibility for the provision of the materials and supplies. 10.4 The dollar amount of participation of a firm owned by minority women may be applied to either the female goal or the minority goals, but not to both. GRMC-PB12-2005 2/16/06 Page 18 of 84 • • • PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 00320. REQUIREMENTS FOR CONTRACTS WITH M/WBE GOALS (Continued) 10.5. Certain projects may include altemate bid item(s) for which a Bidder is required to submit a bid and for which COUNTY reserves the right to award after bid opening. In such instances that COUNTY chooses to exercise the right to award alternate bid item(s), M/WBE goals shall apply to the alternate bid item(s) to be awarded. Prior to award, the successful Bidder shall submit to COUNTY all forms required by the M/WBE Notice as applicable to the alternate bid item(s) to be awarded. Failure to submit the required forms shall result in the Bidder being deemed non -responsible and the bid shall be rejected. 10.6. COUNTY shall review each proposed Change Order that, by itself or aggregated with previous Change Order requests, increases the Contract Price by ten percent (10%) of the initial Contract Price or Fifty Thousand Dollars ($50,000.00), whichever is Tess, for opportunities to include or increase participation of M/WBE already involved in the Contract. The successful Bidder shall demonstrate that it makes good faith efforts to include M/WBE participation in Change Order work and shall report such efforts to the Small Business Development Division. 11. On -site reviews to monitor the successful Bidder's progress in achieving and maintaining contractual M/WBE obligations will be carried out by the Contract Administrator in conjunction with the Small Business Development Division. 12. The successful Bidder agrees to enter into a formal contract with the M/WBE contractors which are listed on the Schedule of M/WBE Participation upon execution of the contract with the Board of County Commissioners of Broward County. 13. The successful Bidder shall be required to submit bimonthly reports to the Contract Administrator with his/her partial pay request on a form which may be obtained at the Small Business Development Division regarding compliance with M/WBE obligations. In addition, the successful Bidder must inform COUNTY immediately when an M/WBE Subcontractor is not able to perform. If the successful Bidder is unable to substitute the unavailable M/WBE with another certified M/WBE, the actual substitution of a non-M/WBE subcontractor may not occur until the Small Business Development Division has verified the good faith efforts of the successful Bidder to substitute the unavailable M/WBE with another certified M/WBE. 14. Nothing herein shall be construed to require a prime contractor to award a subcontract to an M/WBE if it is not the lowest responsive bid. GRMC-PB12.2005 2/16106 Page 19 of 84 • • PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 00320. REQUIREMENTS FOR CONTRACTS WITH MIWBE GOALS (Continued) 15. Nothing herein shall be construed to indicate that a higher level of M/WBE involvement above the stated goal in a solicitation will give that Bidder the right of award over other Bidders who have met the M/WBE goal or fully justified that they had made all reasonable efforts to do so. 16. Small Business Development Division of COUNTY maintains a directory of M/WBE which is available for use by Bidders. 17. Any Bidder on this Contract shall be prohibited from entering into any agreement with an M/WBE whereby the M/WBE cannot offer its services to other Bidders on this Project. 18. COUNTY encourages the successful Bidder to use minority owned -and -operated banks. 19. DEFINITIONS AND M/WBE QUALIFICATIONS: Applicable definitions and M/WBE qualifications shall be as provided by COUNTY ordinance and administrative regulations, as amended from time to time, and shall be available through the Small Business Development Division. GRMC-PB1 2-2005 2/16/06 Page 20 of 84 • PREVIOUS CONTRACT NO. H-9-03-242-B1 BID NO. H-Z-05-376-B1 SPECIAL INSTRUCTIONS TO BIDDERS (Continued) GENERAL ROADWAY AND MISCELLANEOUS CONSTRUCTION (NON -SHELTERED MARKET) 25. PREFERENCES: A. LOCAL PREFERENCE: In accordance with Broward County Ordinance No. 2004-29, the Broward County Board of County Commissioners provides a local preference. This preference includes any county with which the Broward County Board of County Commissioners has entered into an inter -local agreement of reciprocity. Except where otherwise provided by federal or state law or other funding source restrictions, an apparent low bidder outside the preference area and a local bidder whose submittal is within 10% of the apparent low bid will be given the opportunity to submit a best and final offer. Award will then be to the low responsive, responsible bid. Local business means the vendor has a valid occupational license issued by the county within which the vendor conducts their business at least one year prior to bid or proposal opening, that authorizes the business to provide thegoods, services or construction to be purchased and a physical address located within the limits of said county, in an area zoned for the conduct of such business, from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. B. DOMESTIC PARTNER CLAUSE: (Attachment "L") Preference for County Contractors Providing for Nondiscrimination of Benefits for Domestic Partners. (Reference Ordinance No. 1999-03, as amended) In accordance with Broward County Code, Chapter 16 1/2, section 16 1/2-157 and the Broward County Administrative Code, Subsections 21.31.a.,6.,7.,8., the Broward County Board of County Commissioners reserves the right to apply a preference in the award of a contract to those Contractors providing for nondiscrimination of benefits for domestic partners. This preference may be applied to all awards of $250,000 per annum or more. The determination to apply this preference shall be made by the Board of County Commissioners. To be eligible for the domestic partnership preference, a contractor's program eligibility criteria must be substantially equivalent to those established in Section 16 1/2-153 (b), Broward County Code. A contractor will be deemed ineligible for the domestic partnership preference if its benefits program discriminates against employees in violation of the Broward County Human Rights Act. No contractor shall receive more than one County -authorized preference for the same procurement. If a contractor is eligible for more than one County -authorized bid preference for a particular procurement, the contractor shall be eligible to receive only the bid preference that is most favorable to the contractor. GRMC-PB12-2005 2/16/06 Page 21 of 84