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2014-80 Storm Drain System Repair_Shore DrRESOLUTION 2014 -80 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO D.S. EAKINS CONSTRUCTION CORPORATION TO PROCEED WITH REPAIRS TO THE VILLAGE'S STORM DRAINAGE SYSTEM AT 824 SHORE DRIVE PURSUANT TO PRICING ESTABLISHED BY A CONTRACT WITH PALM BEACH COUNTY FOR RENTAL OF CREWS WITH EQUIPMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village wishes to proceed with repairs to its storm drainage system at 824 Shore Drive; and WHEREAS, Village Administration recommends that the contract be awarded to D.S. Eakins Construction Corporation pursuant to pricing established by the existing Palm Beach County Contract No. 11073B, "Crews with Equipment, Rental of in Palm Beach County;" and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the Contract with D.S. Eakins Construction Corporation for repairs to the Village's storm drainage system pursuant to pricing established by Palm Beach County Contract 11073B and authorizes the Mayor and Village Clerk to execute the contract on behalf of the Village, a copy of which is attached hereto and incorporated herein. Section 3. The cost of this contract shall not exceed $14,715.00, with funds expended from Account #A7321 -34684 (Streets and Grounds — Repair and Maintenance of Storm Drainage System). Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 13TH DAY OF NOVEMBER, 2014. (Village Seal) ATTEST: VILLAG CLERK Q� 0 e- Qj-r�� MAYOR CONTRACT FOR STORM DRAINAGE SYSTEM REPAIRS This Contract is made as of the 13th day of November, 2014, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Palm Beach County, Florida, 33408, a Florida municipal corporation ( "VILLAGE "), and D.S. EAKINS CONSTRUCTION CORPORATION, P.O. Box 530185, Lake Park, FL 33403, a Florida corporation ( "CONTRACTOR "), whose Federal I.D. is 59- 1691997. RECITALS WHEREAS, the VILLAGE is in need of a contractor to make necessary repairs to its storm drainage system; and WHEREAS, Palm Beach County, through its competitive selection process, awarded and renewed County Contract No. 11073B to the CONTRACTOR for the County's annual "Rental of Crews with Equipment Term Contract;" and WHEREAS, the VILLAGE requested and the CONTRACTOR provided a proposal for repairs to the VILLAGE's storm drainage system based on pricing established by County Contract No. 11073B; and WHEREAS, the VILLAGE desires to accept CONTRACTOR's proposal by piggy- backing County Contract No. I I 073 including all terms, conditions and pricing set forth therein. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. County Contract. County Contract No. 11073B with the CONTRACTOR, attached hereto as Exhibit "A," is hereby expressly made a part of this Contract as fully as if set forth at length herein. 3. CONTRACTOR's Proposal. In accordance with the terms and conditions in County Contract No. 11073A, the CONTRACTOR shall provide all goods and services to perform storm drainage repairs at 824 Shore Drive at a total cost not to exceed $14,715.00. A copy of the CONTRACTOR's proposal is attached hereto as Exhibit `B" and incorporated herein by reference as if fully set forth herein. The goods and services to be provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to proceed. 4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the following order of precedence: A. This Contract B. Exhibit "A" (County Contract No. I I703B) C. Exhibit "B" (CONTRACTOR's proposal). Page 1 of 4 5. Compensation to CONTRACTOR. Payments by the VILLAGE to the CONTRACTOR under this Contract shall not exceed the amount of compensation stated in the CONTRACTOR's proposal. CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE's representative, indicating that goods and services have been provided and rendered in conformity with this Contract and then will be sent to the Finance Department for payment. CONTRACTOR will invoice the VILLAGE in advance for each payment period. Invoices will normally be paid within thirty (30) days following the VILLAGE representative's approval. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. In order for both parties herein to close their books and records, CONTRACTOR will clearly state "final invoice" on the CONTRACTOR's final /last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by the CONTRACTOR. The VILLAGE will not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision of all goods and services. 6. Period and Renewals. This Contract shall be for the term as indicated on the County Contract No. 11037B. Extensions or renewals to said County Contract or any modification including new products, terms, or price changes to the County Contract shall be submitted by the CONTRACTOR to the VILLAGE for approval. In the event said County Contract expires and no new contract is let by the County, VILLAGE reserves the right, upon written agreement with CONTRACTOR to renew this Contract under the same terms and conditions for an additional period of one (1) year. 7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all insurance required under the County Contract No. 11073B with the VILLAGE named as an additional insured. 8. Warranty /Guaranty. Unless a longer period is stated in the County Contract No. 11073B, CONTRACTOR warrants that its goods and services provided under this Contract will be free of defects in materials and workmanship for a period of one (1) year following delivery and completion of those goods and services. 9. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter. B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. C. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any Page 2 of 4 provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes). even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. D. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. E. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. F. The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. G. CONTRACTOR shall comply with Chapter 119, Florida Statutes, regarding access to public records. Failure of compliance may be grounds for termination by the VILLAGE. Pursuant to Section 119.0701, Florida Statutes, CONTRACTOR shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the VILLAGE in order to perform the services. (2) Provide the public with access to public records on the same terms and conditions that the VILLAGE would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at not cost to the VILLAGE all public records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the VILLAGE in a format that is compatible with the information technology system of the VILLAGE. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. Page 3 of 4 '000000010- Print Name: Position: VILLAGE OF NORTH PALM BEACH By: L. � �v a., t,,, DA L C. AUBREY MAYOR ATTEST: BY: MELISSA TEAL VILLAGE CLERK APPROVED AS TO FORM AND LEGAL S FFICIENCY BY: VILLAGE ATTORNEY Page 4 of 4 Purchasing Department Form L 50 South Military Trail, Suite 110 August 19, 2014 West Palm Beach, FL 33415-3199 (561) 616-6800 FAX (561) 616-5811 D.S. Eakins Construction Corporation www.Fbcgov.comlpurchasing D. Steven Eakins, Jr., Vice President PO Box 530185 Lake Park, FL 33403 TERM CONTRACT #11073B Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners is Palati Beach County entering into a Term Contract with your company for CREWS WITH EQUIPMENT, Board of County RENTAL OF based on: Commissioners Priscilla A Taylor. Mayor [ ] SOLICITATION #,� Paulette Burdick, Vice Mayor [ ] RENEWAL OF CONTRACT based on SOLICITATION #11-0731GC in accordance with all original terms, conditions, specifications and prices with Hal R. valeche no deviation. Shelley Vara j The term of this contract is 09101/14 through 08131115, and has an estimated dollar Steven L, Abrams value of $687,240,, inclusive of all vendors awarded. Mary Lou Berger The obligations of Palm Beach County under this contract are subject to the fess R, Santawaria availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners. Palm Beach County Departments will issue individual hard copy orders against this contract as your authorization to deliver. All invoices must reference a unique County Administrator document number (e.g,, CPO I .DO 680 XY030305000000001111 or CPO / DO 680 XY030305 11111. Failure to provide_ an order number with each inveirp will res!.!It in Robert Wessman a delay in processing payment. If you have any questions, please contact Kristen A. Monnett, Senior Buyer at kmonnett be ov.or or (561) 616-6824. Sincerely, K thleen M. Scarlett Director c: Chuck Michael, Airports Carole Portilla, Engineering "Ari Egturrt opporthmiey Vernetha Green, Water Utilities �tffin>iari,eAcrio,7Employer" Bonnie Stein, Fire Rescue File printed on ipcycled paper t'urchas{ng Department 505uuth'WiltaryTrail, Suilc [In %Yru r!ih1) neach, N. 33415.3199 (DoI)4516.6800 MX: (561) 616'(611 %WWWt)1)CL�UV.C6111i j)klll' Ii151 rt fl ■ Palm Beach Comity lipartl or comity ('0111misstulsers 1(arerl T. \lnrnl.", Chail Shelivy Van. -I, Vice Chair kt]ltlelle Bllt(Ilck $rcvetr I. Abrams MCI( ASatoa!,otl 55 A Saniall)11I:1 Prl vi M;L A Tnylor County AtSnflltlsclrr(toP I141l)cr1 Wvisnimi :tr; tgnr;ifi�,fu?rlurrris� . I(ji) r�vrli r.• rt r•rrau f.>rr�rfolvr• 0 panted on raryekd pipar August 30, 2011 D. S. Eakins Construction Corporation P.O. Box 530185 Lake Park, FL 33403 Dear Vendor: RE: TERM CONTRACT # 11073 Form L This is to inform you that Palm Beach County Board of County Commissioners is entering into a Term Contract with your company for Crews with Eg_uipment, Rental of based on: [ X l SOLICITATION 411-073/GC [X) OTHER: LOTS I AND II — PRIMARY The term of this contract is 911111 through 8131113. The estimated dollar value awarded to all vendors is $ 655,000. The obligations of Palm Beach County under this contract are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners, Palm Beach County Departments will Issue individual hard copy orders against this contract as your authorization to deliver. All invoices must reference a unique document number (e.g. CPOIDO 680 XY03030500000000001111 or CPOIDO 680 XY0303W1111). Failure to provide an order number with each invoice will result in a delay in processing payment. If you have any questions, please contact Greg Carrico, Buyer at (561)616-6823. ' cerely, Kathleen Scarlett Director c: John Brand, Road & Bridge Conrad Ailstock, WUD Chuck Kenfield, Airports File Board of County Commissioners Karen T. Marcus, Chair Shelley Vana, Vice Chair Paulette Burdick Steven L. Abrams Burt Aaronson Jess R. Santamaria Priscilla A. Taylor BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION BID #11 -073/GC CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT BID OPENING DATE: JUNE 16, 2011 AT 2:00 P.M. County Administrator Robert Weisman Purchasing Department www,pbcgov.com/purchasing It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department (561) 616-6800. It is requested that all bids be submitted in triplicate, one original and two copies. BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL, SIGNED IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO 00 SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (5) business day posting period. CAUTION As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our website at htto:llwww.cbcnov.comlpurchasincl. It is the vendor's sole responsibility to routinely check this website for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from the above website or obtained directly from the Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (561) 616-6800 FAX: (561) 616-6811 BID NO: 11-073/GC BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR DID BID TITLE: Crews with Equipment, Rental of, Term Contract Page 2 PURCHASING DE=PARTMENT CONTACT: Greg Carrico, Buyer TELEPHONE NO.: 561-616-6823 FAX NO.: 561-242-6723 EMAIL ADDRESS: gcarrico@pbcgov.com All bid responses must be received on or before June 16, 2011 'prior to 2:00 p.m., Palm Beach County local time, at which time all bids shall be publicly opened and read. SUBMIT BID TO: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415-3199. This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if Issued), and/or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this Invitation to secure bids for Ilem(s) and/or services as listed herein. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract, GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION Bidders are advised [hat this package constitutes the complete set of specifications, terms, and conditions which forms the binding contract between Palm Beach County and the successful bidder. Changes to this invitation for bid may be made only by written amendment Issued by the County Purchasing Department. Bidders are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Deparirnent contact In wrilina In sufficient time to permit a written response arid, if required, will be provided to all prospective bidders, prior to bid opening. Oral explanations or instructions given by any County agent are not binding and should not be Interpreted as altering any provision of this document. Bidder certifies that this bid is made without reliance on any oral representations made by the County. The obligations of Palm Beach County under [his award are subject to the availability of funds lawfully appropriated for its purpose. 2, LEGAL REQUIREMENTS a, COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for fellef from responsibility. The successful bidder shall strictly comply with Federal, Slate and local building and safety codes. Equipment shall meet all Slate and Federal Safety regulations, Bidder certifies that all products (materials, equipment, processes, or other items supplied in response to this bid) contained In its bid meets all ANSI, NFPA and all other Federal and State requirements. Bidder further certiRes that, if it is the successful bidder, and the product delivered Is subsequenliy found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product Into compliance shall be borne by the bidder. In compliance with Chapter 442, Florida Statutes, any toxic substance resulting from this bid shall be accompanied by a properly completed Material Safety Data Sheet (MSDS). The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prova'd as the basis for contractual obligations between the successful bidder and Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid. b. DISCRIMINATION PROHIBITED: Palm Beach County Is committed to assuring equal opportunity In the award of contracts and complies with all laws prohlbiling discrimination. The successful bidder is prohibited from discriminating against any employee, applicant, or client because of race, color, religion, disability, sex, age, national origin, ancestry, marital status, sexual orientation, or gender identity and expression. c. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful bidder is, and shall be, in the performance of all work, sorvlces, and nciNilies under this Contract, an Independent Contractor and not an employee, agent, or servant of the COUNTY, All persons engaged in any of the work or services perfomied pursuant to (his Contract shall at all times, and In all places, be subject to the successful bidder's sole direction, supervision, and control. The successful bidder shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the successful bidder's relatlonsNp, and the relationship of its employees, to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant to Ordinance 2003-030, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), the County shall conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal Nstory record check shall be conducted on all employees and subcontractors of vendors. Including repair persons and delivery persons, who are unescorted when entering a facility determined to be critical to the public safety and security of Ilia County, County facilities that require this heightened level of security are identified in Resolution K-2003-1274, as may be amended. The bidder Is solely responsible for understanding the financial, schedule, and staffing Implications of this Ordinance. Further, the bidder acknowledges that its bid price includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FSI fees that shall be paid by the County. e, PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County to notify all bidders of [he following: "A person or affiliate who has been placed on the convicted vendor list following a conyiction for a public entity crime may not submit a bid on a contract wilh a public entity for the construction or repair of a public building or public work, may not submit bids on loases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F,S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list" NONCOLLUSION: Bidder certifies that it has entered Into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result In unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion In connection with any sale, bid, quotation, proposal or other act incident to doing business with Palm Beach County may result in permanent debarment. No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services. Any such violation may result to award cancellation, return of maleriafs, discontinuation of services, and removal from the vendor bid list(s), and/or debarment or suspension from doing business with Palm Beach County, LOBBYING: Bidders are advised that the "Palm Beach County Lobbyist Registration Ordinance" prohibits a bidder or anyone representing the bidder from communicating with any County Commissioner, County Commissioner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding Its bid, I.e., a "Cone of Silence". The 'Cone of Silence' Is In effect from the date/lime of the deadline for submission of the bid, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on (helr behalf, awards or approves a contract, rejects all bids, or otherwise takes action which ends the solicitation process. Bidders may, however, contact any County Commissioner, County Commissloner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication i.e., facsimile, e-mail or U.S. mail, Violations of the -Cone of Silence" are punishable by a fine of $250,00 per violation. h. CONFLICT OF INTEREST: All bidders shall disclose with their bld the name of any officer, director, or agent who Is also an employee or a relative of an employee of Palm Beach County. Further, at) bidders shall disclose the name of any County employee or relative of a County employee who ovrns, directly or Indirectly, an Interest of ten percent or more In the bidder's firm or any of its branches. I. SUCCESSORS AND ASSIGNS: The County and the successful bidder each binds itself and its successors and assigns to the other party in respect to all provisions of this Contract. Neither the County not the successful bidder shall assign, sublet, convey or transfer its Interest in this Contract without the prior written consent of the other, J. INDEMNIFICATION: Regardless of the coverage provided by any Insurance, the successful bidder shall indemnify, save harmless and defend the County, Ila agents, servants, or employees from and against any and all claims, liability, losses and/or causes of action whlch may arise from any negligent act or omission of the successful bidder, its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these bid documents and/or resultant contract. k. PUBLIC RECORDS: Any material submitted In response to this invitation for bid is considered a public document in accordance with Section 119.07, F.S. Thls includes material which the responding bidder might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective aflor opening pursuant to 5eclion 119.07, F,S, I. INCORPORATION PRECEDENCE, JURISDICTION: This Invitalion for Bid shall be included and incorporated in the final award. The order of contractual precedence shall be the bid document (original terms and conditions), bid response, and purchase order or term contract order. Any and all legal action necessary to enforce the award or the resultant contract shall be held in Palm Beach County and the Page 3 oonlracWal obligations shall be interpreted according to the laws of Florida. in. LEGAL EXPENSES: The County shall not be liable to a bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of this contract, or from any other matter generated by or relating to this contract. 3, BID SUBMISSION SUBMISSION OF RESPONSES: All bid responses must be submitted on the provided Invitation for Bid "Response" Form. Bid responses on vendor tolterhead/quotation forms shall not be accepted. Responses must be typewritten or written In ink, and must be signed in into by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE BID, Bid responses are to be submitted to the Palm Beach County Purchasing Department no later than the time indicated on the solicitation preamble, and must be submitted In a sealed envelope or container bearing the bid number for proper handling. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwise directed In sub -paragraph d. (Local Preference) or the Special Conditions of this bid, bidder should Include with its bid a copy of all applicable Certificates of Competency Issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board In the name of the bidder shown on the bid response page. It shall also be the responsibility of the successful bidder to submit, prior to commencement of work, a current Local Business Tax Receipt (Occupational License) for Palm Beach County and all permits required to complete this contractual service at no additional cost to Palm Beach County. A Palm Beach County Local Business Tax Receipt (Occupational License) Is required unless specifically exempted by law. In lieu of a Palm Beach County Local Business Tax Receipt (Occupational License), the bidder should Include the current Local Business Tax Receipt (Occupational License) Issued to the bidder in the response. It is the rssponsibilliy of the successful bidder to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to meet this requirement shall be considered default of contract. c. SBE BID DOCUMENT LANGUAGE Item 1 • Policy It is the policy of the Board of County Commissioners of Palm Beach County, Florida, that SBE(s) have the maximum practical opportunity to participate in the competitive process of supplying goods, services and construction to the County. To that end, the Board of County Commissioners adopted a Small Business Ordinance which is codified In Sections 2-80,21 through 2-80.34 (as amended) of the Palm Beach County Code, which sets forth the County's requirements for the SBE program, and Is incorporated in this solicitation. Compliance with the requirements contained In this section shall result In a bidder being deemed responsive to SBE requirements. The provisions of this Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solfcltation in the event of a conflict. Although preferences will not be extended to certified MlWBEs, unless otherwise provided by law, businesses eligible for certification as an M/WSE are encouraged to maintain their certification in order to assist in the tracking of MlWBE availability and awards of contracts to M/WSEs. This information is vital to determining whether race and gender neutral programs assist MIWBE firms or whether race and gender preferences are necessary In order to address any continued discrimination in the market, Item 2 -SBE Goals The County has established a minimum goal of 15% SBI= participation for all County solicitations, inclusive of all alternates and change orders. This goal Is a minimum, and no rounding will be accepted. Item 3 - Rankin of Responsive Bidders Bidders who meet the SBE goal will be deemed to be responsive to the SBE requirement. a. In evaluating competitive bids or quoles behveen $1,000 and one million dollars (81,000,000) where the low bidder is non- responsive to the SBE requ€roman(, the contract shall be awarded to the low bidder responsive to the SBE requirement as tong as the bid does net exceed the low bid amount by 10%; or b. In the event there are no bidders responsive to the SBE requirement, ilia contract shall be awarded to the bidder with the greatest SBE participation in excess of seven percent (7%) paMclpation, as long as the bid does not exceed the low bid amount by ten percent (10%). c, In evaluating bids in excess of one million dollars ($1,000,000), the contract shall be awarded to the low bidder responsive to the SBE requirements provided that such bid does not exceed the lowest responsive bid by more than one hundred thousand dollars ($100,000) plus three percent (304) of the total bid in excess of one million dollars (S1,000,000); d. In the event there are no bidders responsive to the SBE goal, the contract shall be awarded to the bidder %vilh ole greatest SBE participation In excess of seven percent (7%) participation, provided that such bid does not exceed the lowest responsive bid by more than one hundred thousand dollars ($100,000) plus three percent (3%) of the total bid in excess of one million dollars (S1,000,000). Item 4 - Bid Submission Documentation 513E bidders, bidding as prime contractors, are advised that they must complete Schedule 1 listing the work to be performed by their own workforce as well as the work to be performed by any SBE or M1WBE subcontractor. Failure to Include this Information on Schedule 1 will result in the participation by the SBE prime bidders own workforce NOT being counted towards meeling the SBE goa). This requirement applies even if the SBE contractor intends to perform 100% of the work with their own workforce. Bidders are required to submit with their bid the appropriate SBE-MMBE schedules In order to be deemed responsive to The SBE requkemenls. SBE.MIWBE documentation to be submitted Is as follows: Schedule 1 - List of Proposed SBE and MfWBE Partici atla This list shall contain the names of all SBE and MAWBE prime and subcontractors intended to be used in performance of the contract, it awarded. This schedule shall also be used if an SBE prime bidder is utilizing ANY subcontractors. (Only Jab Older Conlractinn WOC) contracts gind Task Authorizations for annual contracts may be excluded from this requirement.) Schedules 2 - Letters of Intent to Perform as an SBE or MIWBE Subcontractor A Schedule 2 for each SBE andlor MMBE Subcontractor listed on Schedule 1 shall be completed and signed by the proposed SBE andlor MMBE Subcontractor. Subcontractors shall specify (he type of yrork to be performed, the cost or percentage shall also be specified. Additional sheets may be used as needed. In lieu of a Schedule 2, a detailed responsive proposal may be acceptable, Item 5 - SBE Certification Only those firms certified by Palm Beach County at the time of bid opening shall be counted toward the established SBE goals. Upon receipt of a complete application, IT TAKES UP TO NINETY (90) DAYS TO BECOME CERTIFIED A5 AN SBE WITH PALM BEACH COUNTY. 11 is the responsibility of the bidder to confirm the ceilification of any proposed SBE; therefore, it is recommended that bidders visit the on-line Vendor Directory at www.pbegav_orgfosba to verify SBE certification. Item 6 - Counting SBE Participation (and MIWBE Partlelpation for Tr_ackinn Puroosos) a. Once a firm Is determined to be an eligible SBE according to the Palm Beach County certification procedures, the County or the Prime may count toward Its SBE goals only that portion of the total dollar value of a contract performed by the SBE. Prior to Page 4 Issue, total dollar value of a contract will be determined by the PBC user department by defining factors to be considered as value. Total dollar value of retail contracts shall be determined by Gross receipts. b. The County may count toward its SBE goals the total value of a contract awarded to an eligible SBE firm that subsequently is decertified or whose certificallon has expired after a contract award date or during the performance of the conlracl. c. The County or Prime may count toward its SBF goal a portion of the total dollar value of a contract with a Joint venture, eligible under the standards for certification, equal to the percentage of the ownership and control of the SBE partner in the joint venture. d. The County or Prime may count toward Its SBE goal the entire expenditures for materials and equipment purchased by an SSE subcontractor, provided that the SBE subcontractor has the responsibility for the fnstailation of the purchased materials and equipment. e. The County or Prime may count the entire expenditure to an SBE manufacturer (i.e., a supplierldistributor that produces goods from raw materials or subslanlia(ly afters the goods before resale). f. The County or Prime may count sixty percent (60%) of its expenditure to SBE suppliersldistribulors that are not manufacturers. g. The County or Prime may count toward IIs SBE goal second and third tiered SBE subcontractors; provided (hat the Prime submits a oampieted Schedule 2 form for each SBE subcontractor. h. The County or Prime may only count toward !Is SBE goal the goods and services in which the SBE Is certified. Item 7 - Responsibilities After Contract Award 4hedute3— SSE-MfWBE Activity or This form shall be submitted by the prime contractor with each payment application when SBE andlor MAWBE subcontractors are utilized in the performance of the contract. This form shall contain the names of all SBE and MfWBE subcontractors, specify the subcontracted dollar amount for each subcontractor and show amount drawn and payments to date Issued to subcontractors. This form Is intended to be utilized on all non-professional services contracts. Schedu)ed— $BE.M1WBE Paym tie t Certification A schedule 4 for each SSE andlor M/WBE sub shall be completed and signed by the proposed SBE andlor MMBE after receipt of payment from the prime. When applicable, the prime shall submit this form with each application submitted to the county for payment to document payment issued to a sub In the performance of the contract. All bidders hereby assure that they will meet the SBE parlicipalion percentages submitted In their respective bids with the subcontractors contained on Schedules 1 and 2 and at the dollar values specified. Bidders agree to provide any additional information requested by the County to substantiate participation. The successful bidder shall submit an SBE-MAWBE Activity Form (Schedule 3) and SBE-MMBE Payment Certificatlon Forms (Schedule 4) with each payment application. Failure to provide These forms may result In a delay in processing payment or disapproval of the invoice until they are submitted. Tho SBE-MIWBE Activity Form is to be filled out by the Prime Contractor and the SBE-MfWBE Payment Codification Forms are to be executed by the SBE or MIWBE firm to verify receipt of payment. !gym B - SBE Substitutions After contract award, the successful bidder will only be permitted to replace a cerlified SBE subcontractor who Is unwilling or unable to perform. Such subslifutfon must be done with other codified SBE's In order to maintain the SBE percentages submitted vAlh the bid. Requests for substituitons must be submitted to the user Department and OSSA. LOCAL PREFERENCE ORDINANCE: In accordance with the Palm Beach County Local Preference Ordinance, a preference will be given to (1) bidders having a permanent place of business in Palm Beach County; (2) bidders having a permanent place of business in the Glades that are able to provide the goods or services within the Glades a. Glades Local Preference: Pursuant to the Palm Beach County Local Preference Ordinance, a 5°1a Glades Local Preference Is given when a Glades Business offers to provide the goods or services that will be procured for use in the Glades. If the lowest responsive, responsible bidder Is a local, non -local, or regional business, atl bids received from responsive, responsible Glades bus+nosses will be decreased by 5%. The original bid amount Is not changed; the 5°/6 decrease is calculated only for the purposes of determining local preference, b. Local Preference: Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Local Preference Is given to bidders having a permanent place of business In Palm Beach County. If the lowest responsive, responsible bidder is a non -local or regional business, all bids received from responsive, responsible local businesses will be decreased by 5%, The original bid amount is not changed: the 5% decrease Is calculated only for the purposes of determining locai preference. c. To receive either a Glades Local Preference or a Local Preference, a bidder must have a permanent place of business in existence p!Q to the County's issuance of this Notice of Solicitationlinvilallon for Bid. A permanent place of business means that the bidder's headquarters is located In Patin Beach County or In the Glades, as applicable; or, the bidder has a permanent office or other site in Palm Beach County or in the Glades, as applicable, where the Welder will produce a substantial portion of the goods or services to be purchased. A valid Business Tax Receipt issued by the Palm Beach County Tax Collector Is required, unless the bidder Is exempt from the business tax receipt requirement by law, and will be used to verify that the bidder had a permanent place of business prior to the Issuance of this Notice of Solicitationlinvitallon for Bid. Please note that in order to receive a local preference, the bidders name and Palm Beach County address listed on the business tax receipt must be the same bidders name and ,Palm Beach County_ address [hat Is included in the bid submitted by the bidder to the County and that the attachad 'Certification of Business LocaliOn' and Business Tax Receipt must accompany the bid at the time of bid submission. Failure to submit this information will cause the bidder to not receive a focal preference. Palm Beach County may require a bidder to provide additional Information for clarification purposes at any time prior to the award of the contract.' e. DRUG FREE WORKPLACE CERTIFICATION: In compliance with Florida Statute (Sectlon 287.087) attached form "Drug -Free Workplace Certification" should be fully executed and submitted wish bid response in order to be considered for a preference whenever two (2) or more bids which are equal with respect to price, quality, and service are received by Palm Beach County. CONDITIONED OFFERS: Bidders are cautioned that any condition, qualification, provision, or comment in their bid, or in other correspondence transmitted Win their bid, which in any way modifies, takes exception to, or Is Inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, Is sufficient cause for the rejection of their bid as non- responsive. g.RP ICING: (1) Prices offered must be the price for now merchandise and free from defect. Unless specifically requested in The bid spacifications, any bids containing modifying or escalation clauses shalt be rejected. (2) The prlco offered must be in accordance with the unit of measure provided on the bid response page(s). One (1) space or line requires only one (i) single, fixed unit price. Anything other than a single, fixed unit price shall result in tha rejection of your bid. (3) All unit prices bid should be within two (2) decimal points. If bidder's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Page 6 (4) Bidder warrants by virtue of bidding that prices shall remain Firm for a period of ninety (90) days from the date of bid opening to allow for evaluation and award. (5) Bidder warrants by virtue of bidding that prices shall remain firm for the Initial and any subsequent term unless modified by a special condition. (6) in the event of mathematical error(s), the unit price shall prevail and the bidder's total offer shall be corrected accordingly. BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THE BIDDER PRIOR TO BID OPENING, IF THE CORRECTION IS NOT PROPERLY INITIALED, OR IF THE INTENT OR LEGIBILITY OF THE CORRECTION IS NOT CLEAR, THE BID SHALL BE REJECTED. (7) Bidders may offer a cash discount for prompt payment. However, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes unless olherwise specified In the special conditions. Bidders should reflect any discounts to be considered in the unit prices bid. Ir. SUBMITTING NO BID or NO CHARGE: Bidders not wlshing to bid on some items sought by this solicitation should mark those Items as 'no bid.' If some items are to be offered at no charge, bidders should mark those Items as "no charge," Items left blank shall be considered a "no bid" for that item, and the bid shall be evaluated accordingly. Bidders who do not wish to submit bids on any item In this solicitation, should return a 'Statement of No Bid" In an envelope plainly marked with the bid number and marked "NO BID." ACCEPTANCEIREJECTION OF BIDS: Palm Beach County reserves the right to accept or to reject any or all bids. Palm Beach County also reserves the right to (1) waive any non -substantive Irregularities and technicatitlas; (2) reject the bid of any bidder who has prev'ously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by another governmental entity, or who is not in a position to perform properly under this award; and (3) inspect all facilities of bidders In Order to make a determination as to its ability to perform. Palm Beach County reserves the right to reject any offer or bid if the prices for any line items or subline items are materially unbalanced. An offer Is materially unbalanced if It is mathemalleally unbalanced, and if there is reason to believe that the offer would n01 result in the lowest overall cost to the County, even though i1 Is the lowest evaluated offer. An offer is malhemalically unbalanced if it is based on prices which are significantly less Than fair market price for some bid line iter and significantly greater than fair market price for other bid line items. Fair market price shell be determined based on industry standards, comparable bids or offers, existing contracts, or other means of establishing a range or current prices for which the line items may be obtained in the market place. The determination of whether a particular offer or bid is materially unbalanced shall be made in writing by the Purchasing Director, citing the basis for the determination. NON-EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of [his solicitation and to acquisition after a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling wilhin the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and serv;cos specified in this solicitation when the scope substantially differs from this solicllation or resultant contract. k. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Palm Beach County encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder. I. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, Palm Beach County shall be given `first priority' for all goods and services under this contract. Bidder agrees to provide all goods and services to Palm Beach County during and after the emergency at the terms, conditions, and prices as provided in this solicitation on a "first priority' basis. Bidder shall furnish a 24-hour phone number to the County in the event of such an emergency. Failure to provide the stated priority during and after an emergency shall constitute breach of contract and make the bidder subject to sanctions from doing furthnr business with the County. m. SALES PROMOTIONS I PRICE REDUCTIONS: Should sales promotions occur during the term of the contract that lower the price of the procured item, the successful bidder shall extend to the County the lower price offered by the manufacturer on any such promotional Item. Further, any price decreases effectuated during the contract period by reason of market change or otherwise, shall be passed on to Palm Beach County. GUA PURCHASES UNDER $100,000: Pursuant to Section 2- 5-0(f)(11), Palm Beach County Code, purchases under $100,000 made for the Glades Utility Authority "GUA° may be awarded only to those vendors located in the Glades, as defined in the Palm Beach County Code, It is the County's intent to award [his solicitation to the lowest, responsive, responsible bidder located in the Glades. However, if no response is roceivod from a vendor located In the Glades, the good or service shall be re -solicited to all vendors and awarded io the lowest, responsive, responsible bidder. 4. BID OPENINGIAWARD OF BID OBSERVING THE PUBLISHED BID OPENING TIME: The published bid opening time shall be scrupulously observed. It Is the sole responsibility of the bidder to ensure [hat their bid arrives In the Purchasing Department prior to the published bid opening time. Any bid delivered after the precise tints of bid opening shall not be considered, and shall be returned to the bidder unopened if bidder Identification is possible without opening. Bid responses by telephone, elecimnles, or facsimile shall not be accepted. Bidders shall not be allowed to modify their bids after the published bid opening time. POSTING OF AWARD RECOMMENDATION: Recommended awards shall be publicly posted for review, at the Purchasing Department and on the Purchasing Department website at y"Ayj;kgoy,comluuruftrsiirg prior to final approval, and shall remain posted for a period of live (5) business days. Bidders desiring a copy of the bid posting summary may request same by enclosing a self- addressed, stamped envelope with their bid. (NOTE: As a service to bidders, the County provides an unofficial list of award postings on our web site.) The official posting In the Purchasing Department shall prevail if a discrepancy exists between the referenced listings. PROTEST PROCEDURE: Protest procedures are provided In the Palm Beach County Purchasing Code. Protests must be submitted In writing, addressed to the Director of Purchasing, via hand delivery, mall or fax 10 5611242-6705. Protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Department within five (5) business days of the posting date of the recommended award. The protest is considered filed when it is recelved by the Purchasing Department. Failure to rite protest as outlined in the Palm Bosch County Purchasing Code shall constitute a waiver otproceedings under the referenced County Code. 5. CONTRACT ADMINISTRATION a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this bid are to be made during the normal working hours of the County. Time Is of the essence and delivery dales must be met. Should the successful bidder fall to deliver on or before the slated dates, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The successful bidder shall be responsible for making any and all claims against carriers for missing or damaged items. Delivered items shall not be considered "accepted" until an authorized agent for Palm Beach County has, by inspection or test of such items, determined that they appear to fully comply vrith specifications. The Board of County Commissioners may return, at the expense of the Page 6 successful bidder and for full credit, any Item($) received which fall to meet the County's spedficalions or performance standards. b. FEDERAL AND STATE TAX- Palm Beach County is exempt from Federal and State taxes. The authorized agent for Purchasing shall provide an exemption cerGffcale to the successful bidder, upon request. Successful bidders are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are successful bidders authorized to use the County's Tax Exemption Number in securing such materials. PAYMENT: Payment shall be made by the County after commodilieslservices have been received, accepted and properly Invoiced as Indicated in the contract and/or order. Invoices must bear the order number. The Florida Prompt Payment Act is applicable to this solicitation. CHANGES: The Director of Purchasing, Palm Beach County, by written notification to the successful bidder may make minor changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specified goods or services. Typical minor changes Include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract, The successful bidder shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Cornmissloners. DEFAULT: The County may, by wrilten notice of default to the successful bidder, terminate the contract in whole or In part if the successful bidder fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fells to make progress so as to endanger performance under the terms and conditions of this sollcltation or resultant contract, or provides repeated non- performance, or does not remedy such failure vrilhfn a period of 110 days (or such period as the Director of Purchasing may authorize In w(iting) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County lorminates this contract in whole or in part because of default of the successful bidder, the County may procure goods andfor services similar to those terminated, and the successful bidder shall be liable for any excess costs Incurred due to this action. 11 it Is determined that the successful bidder was not in default or that the default was excusable {e.g„ failure due to causes beyond the control of, or wilhout the fault or negligence of, the successful bidder), the rights and obligations of the parties shall be those provided in Section 5f, 'Termination for Convenience." TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, In whole or in part, for the convenience of the County. The Director of Purchasing shall glve rive (5) days prior written notice of termination to the successful bidder, specifying the portions of the contract to be terminated and when the termination is to become eHactive. If only portions of the contract are terminated, the successful bidder has the right to wilhdraw. without adverse action, from the entire contract. Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations In connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and/or subcontracts related to the terminated work. ACCESS AND AUDITS: The bidder shall maintain adequate records related to all charges, expenses, and costs Incurred In estimating and performing the work for a1 least three (3) years after completion or termination of this Contract, The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspect{on or audit during normal business hours, at the bidder's place of business, Page 7 6. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS: Pursuant to Ordinance No. 2009-049, as amended, Palm Beach Counly's Office of Inspector General Is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General's authority includes, but Is not Ilnilted to, Rhe powor to audit. Invostigate, monitor, and Inspect the activities of entities contracting vrith the County, or anyone acting on (heir behalf, In ordor to ensure compliance with contract requirements and to detect corruption and fraud. THIS IS THE END OF "GENERAL CONDITIONS." Page 8 SPECIAL CONDITIONS 7. GENERALISPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. S. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified, The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous bid shall not satisfy this provision. A. List a minimum of three 3 references In which similar goods and/or services have been provided within the past two 2 years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement. B. Provide a list of equipment and facilities available to do the work. 9. AWARD (LOT -BY -LOT Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on the total factored rate based on a lot -by -lot basis. The County reserves the right to reject bids which would result in an award which is financially disadvantageous to the County. An award may be considered financially disadvantageous when it would result in an award to a bidder for less than $1,000, or when it would result in awards of multiple small fragments. This policy is predicated on avoidance of increased administrative costs and operational complexity. Therefore, it is necessary for a bidder to bid on every item in the particular lot for which the bidder submits a bid in order to have a bid considered. It is also required that the bidder carefully consider each item, and make sure that each one meets the specifications as indicated. In the event that one item does not meet such specifications for that lot, the entire lot will be considered non-responsive. Additionally, if a bidder enters a No Bid, or N/A for any item in that tot, they will be considered non-responsive for that lot. 10. PRIMARY AND SECONDARY DESIGNATION Palm Beach County reserves the right to make multiple awards for this solicitation, in the event that this right is exercised, the lowest responsive, responsible bidder shall be designated primary awardee and the next lowest responsive, responsible bidder shall be designated secondary awardee, The primary awardee shall be given the first opportunity to perform. The secondary awardee shall be contacted only after the primary awardee has refused to perform. The primary awardee is expected to perform all work offered to them, unless they are unable to perform it for lack of resources or technical ability. The primary awardee may be found in default of this contract if it declines more than 10 % of the offered work, or if it establishes a pattern of accepting only the more desirable work and declining the less desirable work. 11. METHOD OF ORDERING TERM CONTRAC71 A contract shall be issued for a term of twenty-four (241 months or until the estimated amount is expended, at the discretion of the County. The County will order on an "as needed" basis. Page 9 12, 17.0,13. POINT The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Bid responses showing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. 13. RE=SPONSE TEMEXOMPLETION TIME Success Bidders' crews with equipment shall be required to respond on site within seventy-two f72) hours after receipt of term contract delivery order (DO) and prosecute the work uninterrupted, in such a manner, with the specified labor and equipment so as to ensure that projects as defined are completed within the timeframe agreed upon, unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Department or the designated County representative. On-sitelstart times shall be strictly_adhered to without deviation. In the event the successful bidder cannot complete [lie project within the time frame, it shall immediately make this fact known to the designated County representative. The successful bidder shall, within seven (7) calendar days from the beginning of such deiay, provide written notificalion of the causes of the delay to the designated County representative and to the Purchasing Department. If the successful bidder shall be delayed in the completion of its work by reason of unforeseeable causes beyond its control and without fault or negligence, including, but not restricted to, acts of God, the period specified for the completion of delivery shall be extended by such time as may be approved in writing by the Purchasing Department. 14, ESTIMATED EXPENDITURES The anticipated term of the contract to be awarded as a result of this bid is for twenty-four (24) months. The anticipated value during the contract term is $883,000. Palm Beach County reserves the right to increase or decrease the anticipated value as necessary to meet actual requirements, and to rebid for the contracted goods and services at any time after the anticipated value of this contract has been reached, notwithstanding that the anticipated term has not been completed. 15. RENEWAL OPTION WITH ESCALATOR The successful bidder shall be awarded a contract for twenty-four (24) months with the option to renew for three (3) additional twelve (12) month periods. Prices shall remain firm for the initial twenly-four (24) month period. The option for renewal shall only be exercised upon mutual written agreement with all original terms and conditions adhered to with no deviations. At the beginning of each of the three (3) twelve (12) month option periods, the County may consider a single annual price adjustment to the unit price(s) based on the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price index (CPI -U, All Items, Not Seasonally Adjusted (NSA)), The website is hltpJ vfww� bls.gov&pkLome.lm. At the County's sole discretion, this annual adjustment shall be calculated by using the appropriate annual percentage as provided by the Bureau of Labor Statistics not more than 120 days nor less than 30 days prior to the first day of the renewal term. NOTE;: For accounting purposes only, the CPI -U increase will be carried out two (2) decimal points when determining the Increase to the unit prices. Any renewal including subsequent price adjustments shall be subject to the approphalion of funds by the Board of County Commissioners. 16, WORK SITE SAFETY/SECURITY The successful bidder shall at all limes guard against damage or loss to the property of Palm Beach County, the bidder's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such toss or damage. When applicable, the successful bidder shall provide fences, signs, barricades, flashing lights, etc, necessary to protect and secure the work site(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met, Additionally, successful bidder shall provide for the prompt removal of all debris from Palm Beach County properly. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or its agents. Page 10 17. INSURANCE REQUIRED (LOT I COUNTYWIDE It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, clo Purchasing Department, Attention Insurance/Buyer Assistant, 50 South Military Trail, Suite i10, West Paim Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof, the successful bidder shall provide this evidence to the County prior to the expiration date of each and every insurance required herein. Commercial General Liability, or similar form, shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad f=orm Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X -C -U) must also be included when applicable to the work to be performed. Business Auto Policy, or similar form, shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for Bodily Injury and Properly Damage Liability. Coverage shall include coverage for all Owned Autos, Hired Autos and Non - owned Autos. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) Workers' Compensation and Employer's Liability coverage is required for all personnel who work on this project. This shall include the personnel of the contractor and any subcontractors, regardless of the size of the company. Exemptions for small companies shall not be accepted. Coverage must include Employer's Liability with minimum limits of $100,000 Each Accident, $500,000 Disease -Policy Limit, $100,000 Disease -Each Employee. A signed Certiricate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Except as to Business Auto, Workers' Compensation and Employer's Liability, said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Further, said CoNficate(s) shall unequivocally provide ten (10) days written notice to County prior to any adverse change, cancellation or non -renewal of coverage there under. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract, Successful bidder shall agree to provide the County with at least ten (10) days prior notice of any cancellation, non -renewal or material change to the insurance coverages. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. All insurance provided hereunder shall be endorsed to show that it is primary as respects to County, 18. INSURANCE REQUIRED (LOT II AIRPORTS ONLY It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o Purchasing Department, Attention Insurance/Buyer Assistant, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof, the successful bidder shall provide this evidence to the County prior to the expiration date of each and every insurance required herein. Commercial General Liability, or similar form, shall have minlmum limits of $5,000,000 Per Occurrence Combined Single Limit for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X -C -U) must also be included when applicable to the work to be performed. Business Auto Policy, or similar form, shall have minimum limits of $5,000,000 Per Occurrence Combined Single Limit for Bodily Injury and Property Damage Liability. Coverage shall include coverage for all Owned Autos, Hired Autos and Non - owned Autos. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) Page 11 Workers' Compensation and Employer's Liability coverage is required for all personnel who work on this project. This shall include the personnel of the contractor and any subcontractors, re ardless of the s4ze of the company, Exemptions for small companies shall not be accepted. Coverage must include Employer's Liability with minimum limits of $100,000 Each Accident, $500,000 Disease -Policy Limit, $100,000 Disease -Each Employee. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Except as to Business Auto, Workers' Compensation and Employer's Liability, said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Further, said Certificate(s) shall unequivocally provide ten (10) days written notice to County prior to any adverse change, cancellation or non -renewal of coverage there under. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. Successful bidder shall agree to provide the County with at least ten (10) days prior notice of any cancellation, non -renewal or material change to the insurance coverages. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. All insurance provided hereunder shall be endorsed to show that it is primary as respects to County. SPECIFICATIONS BID #11-073113C CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT PURPOSE AND INTENT Page 12 The sole purpose and intent of this Invitation for Bid (IFB) is to establish a firm, fixed price term contract for the rental of crews with equipment to be used by various departments throughout Palm Beach County, as specified herein. Crews and equipment shall be available on an "as needed" basis with no guarantee by the County of the amount of usage. GENERAL SUCCESSFUL BIDDER'S RESPONSIBILITY: The successful bidder shall, at a minimum, own or have access to the following list of equipment, if required. The hourly rate offered shall include any/all of the items listed below. Failure to provide the specified equipment shall be sufficient cause for default and contract termination. • Pneumatic plugs, 6" - 72" • Steel sheeting and shoring • 3" Diaphragm pump with 50' discharge hose • Hydraulic pumps capable of loading tankers • Laser beam • Boom truck with 12,000 Ib. capacity • Underwater (hydraulic) saw for cutting pipe • Air compressor and jack hammers Backhoe with minimum lifting capacity of 112,000 lbs. for setting manholes, catch basins, etc. • Front end loader 1 '/x ton asphalt roller • Vibratory compaction equipment The Successful Bidder's equipment will not be substituted without prior written approval from the designated Palm Beach County Project Supervisor. Equipment operators must be fully licensed, as applicable, and competent In the use of the assigned equipment. Failure to comply with any of these requirements is sufficient cause to terminate contract because of default by the Successful Bidder. The Successful Bidder will be responsible for repairs and maintenance of its equipment. The equipment will be operated by the Successful Bidder and kept in good working condition, including all grease, oil, parts and fuel as necessary. Successful Bidder's equipment deemed defective by the designated Palm Beach County Project Supervisor shall be promptly removed from the site, Personnel employed either directly or indirectly by the Successful Bidder, who are deemed to be incompetent, inept or unfit to perform the work in the opinion of the designated Palm Beach County Project Supervisor, shall be promptly removed from the project under this Contract, and such personnel shall not again be employed to work on the project. Failure of the Successful Bidder to remove defective equipment or incompetent personnel may result in the termination of this Contract. COUNTY'S RESPONSIBILITY: The County shall furnish materials for the projects. In the event the Successful Bidder requires additional material(s) supplied by the County to complete a proiect within the specified agreed upon timeframe. the Successful Bidder shall notify he Palm Beach County Praiect Supervisor for that project and, upon approval, the successful bidder shall purchase the material re4uired and the County will reimburse for those materials at cost to the successful bidder. Successful bidder will be required io provide original receipts_of the material purchased to the County Project Supervisor for payment. Page 13 The contract shall be administered on the County's behalf by a designated Palm Beach County Project Supervisor for each County Department, which shall have responsibility to ensure compliance with contract requirements, such as, but not limited to, acceptance, inspection and delivery. The Palm Beach County Project Supervisor shall serve as liaison between the Palm Beach County Purchasing Department and the Successful Bidder. The designated Palm Beach County Project Supervisor or his duly appointed representative shall have the authority to suspend the work for the following reasons; (a) default of the Successful Bidder; (b) unfavorable weather conditions; (c) mechanical failure of loading, hauling, digging or spreading equipment being used in the prosecution, both of the work under this contract and the work being done by County farces adjunctive thereto; (d) or any other condition which, in the judgment of the County representative, makes it impractical to secure first-class results. TECHNICAL REQUIREMENTS • CREW -- CONCRETE, PVC, HDPE OR METAL PIPE LAYING shall consist of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavating, installing and back filling equipment necessary for laying pipe up to 36" diameter. The County shall furnish materials. • CREW — CONCRETE OR METAL PIPE LAYING shall consist of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavating, installing and back filling equipment necessary for laying pipe 36" up to 84" diameter. The County shall furnish materials. • CREW — INFILTRATION DRAINAGE shall consist of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavation of swales 36" wide, 24" deep, 8" cores to existing drainage inlets. Successful Bidder shall also be responsible for all utility locates and hauling away excess materials. County shall furnish all materials (i.e., rock, filter, cloth, jack & bores, 6' PVC sch. 40 pipe, sand). • REPAIR CREW -- FOR STORM DRAINS & PIPING shall consist of a foreman (with 40 hours of OSHA tralning), a minimum of three (3) experienced men, for layout, excavation, repairs and back filling. Successful Bidder shall also be responsible for all utility locates. • REPAIR CREW — FOR WATER RETENTION, WALLS & BANKS shall consist of a foreman (with 40 hours cf OSHA training), a minimum of three (3) experienced men, including layout, excavation, installation, and back filling. Successful Bidder shall also be responsible for all utility locates. • Dump Truck, 15 — 20 cu. yd. capacity (for concrete and asphalt disposal). • Well Point Equipment up to 150 points complete including pump and jetting equipment (run time only). • Tandem Dump Truck with sideboards, 12 cu. yd. capacity, • Tri -Axle Dump Truck with sideboards, 18 cu. yd, capacity. NOTE: The above Trucks and Well Point Equipment shall only be used In the prosecution of work under this contract as requested by the Palm Beach County Project Supervisor. FLOWABLE FILL (LOT I, ITEM 8 Successful Bidder, upon request, shall furnish and place "Flowable Fill" as an alternative to compacted soil as approved in the "Florida Department of Transportation Standard Specifications for "Road & Bridge Construction" year 2004, Section 121-1 through 121-7. Compensation shall be paid at the price per Cubic Yard as slated on the Bid Response page. The cubic yard price includes product, delivery and off-loading as directed by Palm Beach County project Supervisor. PAYMENT The Palm Beach County Project Supervisor or designee shall review and approve Successful Bidder's "Daily Billing Ticket" to verify actual number of hours worked by the piece of equipment and/or crew, as applicable. Page 14 Contract is based on an hourly rate, as requested. Crews and/or equipment shall be available on an "as needed basis" with no guarantee by the County of the amount of use. However, any crews and/or equipment (based on an hourly rate) called out for a period of less than four (4) hours shall be compensated for at a minimum of four (4) hours. "Down Time" is not to be computed as rental time and will not be compensated for. Payment for equipment and crews shall be made for actual ttrne worked on site only. The County will not be charged for mobilization, demobilization, travel between job sites, etc. Payment (hourly rates) shall be full compensation for all labor, equipment, tools, fuel, oil, greases, insurance, taxes, fees, plant, transportation, suspensions, delays, and Incidentals necessary to complete the service described in and as set forth in this contract. Projects started prior to the termination of this contract will be allowed an additional thirty (30) days for completion. BASE RATE Compensation shall be paid at the "base" hourly rate (crews with equipment) for actual time worked, 24 hours a day, 365 days per year. E=quipment which remains on site, without operator, for the convenience of the Successful Bidder will not be compensated. The County will not be charged for mobilization, demobilization, transportation, fuel, or any other incidental expense related to the performance of this contract. All costs to be charged to the County for the performance of this contract must be included in the "base" hourly rate offered by the Successful Bidder. Page 15 FIRM NAME: D. S. Eakins Construction Corporation SIC} RESPONSE BID #1 1-073/GC CLEWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT I -- COUNTYWIDE: BASE PRICE WEIGHT FACTORED ITEM DESCRIPTION PER HOUR FACTOR RATE 1. CREW - CONCRETE, PVC, HDPE OR METAL PIPE $ 285.00 X .30 = $ 85.50 LAYING up to 36" diameter, as specified herein. 2. CREW - CONCRETE OR METAL PIPE LAYING $ 335.00 X .25 = $ 83.75 36" up to 84" diameter, as specified herein. 3. CREW - INFILTRATION DRAINAGE, as specified $ 150.00 X .25 = $ 37.50 herein. 4. Dump Truck, 15 - 20 cu. yd, capacity, as specified $ 70.00 X 02 = $ 1.40 herein. 5. Well Point Equipment, as specified herein. $ 40.00 X .06 $ 2.40 6. Tandem Dump Truck with sideboards, 12 cu. yd_ $ 70.00 X .01 = $ .70 capacity, as specified herein. 7. Tri -Axle Dump Truck with sideboards, 18 cu, yd. $ 70.00 X .01 = $ .70 capacity, as specified herein. PRICE PER CU. YD. 8. Flowable Fill, as specified herein. $ 110.00 X ,10 = $ 11.00 LOT/, TOTAL FACTORED RATE: $ _ 222.95 LOT Il - AIRPORTS: BASE PRICE WEIGHT FACTORED ITEM DESCRIPTION PER HOUR FACTOR RATE 1. CREW - CONCRETE OR METAL PIPE LAYING $ 350.00 X .20 = $ '70 . 00 up to 36" diameter, as specified herein. 2. CREW -- CONCRETE OR METAL PIPE LAYING $ 450.00 X .20 = $ 90.00 36" up to 84" diameter, as specified herein. 3. REPAIR CREW - FOR STORM DRAINS & PIPING, $ 350.00 X .25 = $ 87.50 as specified herein. 4. REPAIR CREW -- FOR WATER RETENTION, $ 300.00 X .25 = $ 75.00 WALLS & BANKS, as specified herein. Continued..,. FIRM NAME: D. S. Eakins Construction Corporation Page 16 BID RESPONSE BID #t'11-0731GC CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT II —AIRPORTS: Continued.... * PLEASE AFFIX SIGNATURE WHERE INDICATED BASE PRICE WEIGHT FACTORED ITEM DESCRIPTION PER HOUR FACTOR RATE 5. Dump Truck, 15 — 20 cu. yd, capacity, as specified $ 100.00 X .02 = $ 2.00 herein. SIGNATUREZ44 PRINT TITLE: President ADDRESS: P.O. 1=3ox 530185 6. Well Point Equipment, as specified herein. $ 65,00 X ,06 _ $____3 —.1 _0 7. Tandem Dump Truck with sideboards, 12 cu. yd. $ 100.00 X .01 = $ 1.00 capacity, as specified herein. B. Tri -Axle Dump Truck with sideboards, 18 cu, yd. $ 100,00 X ,01 _ $ 1.00 capacity, as specified herein. !.07"11, TO TA L FA CTORED RA TE; $ 330.40 All unit prices bid should be within two (2) decimal points. If bidder's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Is Qualification of Bidders information inciuded, per Torm and Condition #87 YES D:50' <INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitaliori as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE; 6/16/2011 D. S. Eakins Construction Corporation PRINT NAME: Douglas S. Eakins SIGNATUREZ44 PRINT TITLE: President ADDRESS: P.O. 1=3ox 530185 CITY/STATE., Lake Park Florida ZIP CODE: 33403 TELEPHONE # ( 561 ) 842-0001 E-MAIL: Doug@dseakins.com TOLL FREE #( ) FAX #. ( 561 ) 842-0009 APPLICABLE C00036066 Certified General Contractor LICENSES) Certified Underground Contractor NUMBER # CUC1224753 TYPE; g 1.FEDERAL ID# _ 59-1691997 Page 17 QUALIFICATIONS OF BIDDERS REFERENCES FOR SOLICITATION #11.0731GC List references in accordance with qualifications of bidder, when applicable. CUSTOMER NAME: 'Town of Palm Beach (PLEAS E PRINT OR TYPE) ADDRESS., 951 Old Okeechobee Road West Palm Beach, Fl 33402 PHONE NUMBER: (561) 838-5440 FAX NUMBER: (561) 835-4691 F -MAIL: 7bowser@townofpal mbeach. com CONTACT NAME: James Bowser (PLEASE PR RTL OR TYPE) SCOPE OF WORK: Utility Repair and Maintenance START DATE: 1985 END DATE: Present CUSTOMER NAME: Palm Beach County Board of County Commisioners (PLEASE PRPTT OR TYPE) ADDRESS: 2555 Vista Parkway West Palm Beach, FL 33411 PHONE NUMBER:161 ) 233-3955_ FAX NUMBER: (561)2333986 E-MAIL: mbowman@ bcgov. com CONTACT NAME: Mike Bowman (PLEASE PRVHT OR TYPE) SCOPE OF WORK: Utility Repair and Maintenance (PLEASE PR4YT OR TYPE) START DATE: 1905 END DATE: Present CUSTOMER NAME: City of West Palm Beach (PLEAS E PRB{T OR TYFEI ADDRESS: 401 Clematis Street West Palm Beach, FL 33401 )PLEAS E PRLUT OR TYPE) PHONE NUMBER: (561)494-1099 FAX NUMBER: ( ) E-MAIL csandt@wpb . org CONTACT NAME: Craig Sandt (PLEASE M114TOR TYPE) SCOPE OF WORK, _Utility Repair and Maintenance (PLEASE PRINT OR TYPE) START DATE: 1985 END DATE: Present Page 18 STATEMENT OF NO BID BID #1 1-073/GC CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT If you are not bidding on this servicelcommodity, please complete and return this form to: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid due to the following reason(s): Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation for Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: Page 19 CERTIFICATION OF BUSINESS LOCATION BID 411.0731GC In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference will be given to: (1) bldderslproposers having a permanent place of business in Palm Beach County ("County"); (2) bldderslproposers having a permanent place of business in the Glades that are able to provide the goods, services or construction to be utilized or built within the Glades; and (3) bldderslproposers having a permanent place of business in the County (non -Glades business) who utilize Glades subcontractors for construction projects In the Glades, To receive a local preference, bldderslproposers must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of any solicitation that meets or exceeds the mandatory bid/proposal amount. A Business Tax Receipt which is Issued by the Palm Beach County Tax Collector, authorizes the bidder/proposer to provide the goods/services to be purchased, and will be used to verify that the bidderlproposer had a permanent place of business prior to the issuance of the solicitation. The bidder/proposer must submit this Certification of Business Location rCerttricatton") along with the required Business Tax Receipt at the time of bid or proposal submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder/proposer to not receive a local preference. Please note that the bidder/proposer name and Palm Beach County address listed on the Business Tax Receipt must be the same bidder/proposer name and Palm Beach County address that is included in the bid/proposal submitted by the bidder/proposer to the County. In instances where the bidder/proposer is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidder/proposer must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidder/proposer had a permanent place of business within the County or the Glades prior to the dale of issuance of the solicitation. The County hereby retains the right to contact said bidderslproposers for additional information related to this requirement after the bid/proposal due date. Bidder/Proposer is a: X Local Business: A local business has a permanent place of business in Palm Beach County. (Please indicate); X Headquarters located in Palm Beach County X Permanent office or other site located in Palrn Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate): Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. The attached copy of bidder's/proposer's County Business Tax Receipt verifies bidder's/proposer's permanent place of business. THIS CERTIFICATION is submitted by_nooskity , as (Name of Individual) President �, of D. S, Eakins Construction Corporation (Title/Position) (Firm Name of Bidder/Proposer) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder/proposer on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidder! poser. 6/16/2011 ignatu ) (Date) Page 20 DRUG-FREE WORKPLACE CERTIFICATION BID #11-0731GC IDENTICAL TIE BIDS/PROPOSALS - In accordance with Section 287.087, F.S., a preference shall be given to vendors submltting with their bids/proposals the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be made in conformity wlth the requirements pursuant to the Palm Beach County Code, Chapter 2, Article III, Sections 2-80.21 thru 2.80.34. In the event tie bids are received from vendors who have not submitted with their bidslproposals a completed Drug -Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids. This Drug -Free Workplace Certification form must be executed and returned with the attached bid/proposal, and received on or before time of bid opening to be considered. The failure to execute and/or return this certiflcatlen shalt not cause any bid/proposal to be deemed non-responsive, Whenever two (2) or more bldslproposals which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dlspensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) inform employees about the dangers of drug abuse In the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified In number (1). (4) In the statement specified in numbef (1), notify the employees that, as a condition of working on the commodities or contractual services' that are under bid, the employee will abide by the terms of the statement and will notify the employdr of any conviction of, or plea of gullty or nolo contendere to, any violation of Chapter 893, Florida Statutes, -or of any controlled substance law of the United States or any state, for a violation occurring In the w6rkplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the gatlsfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted, (6) Make a good faith effort to continue 'to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by Douglas S. Eakins the (individual's Name) President of D. S. Eakins Construction Corporation _ (Title/Position with CompanyNendor) (Name of CompanyNendor) who does hereby certify that said CompanyNpndor has Implemented a drug-free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are identified In numbers (1) through (6) above. Signat 6/16/2011 Date U � w u O ~ C C. o� z m /gyp o O V V 0 ¢ z 1 W w 4 0 0 1 CL Q 1 w w N a Z a z w 0 a w a a z c0i m i p I LE m vs 0 ❑■ un m 107 R w c 0 G C � N M d s N 0 � L O L � wr m O a A O d C 0 Y EO mmd m E r. -i U 4j b9 L M C G y m 2 1 Es V L N LL L _ ECOO Ln N 0 W c Gu W U OL ❑ N Ec z w � rr 0 th m n CL n LU U U)7 a o ? m 0 mt a a N ro �> �� z 7 0 a U 2-0 E y � G. 0 v 0.0 v a 1Ea y z 0 E O T 00 ❑ ai 0 .00 z Lu 0.0 w 0 in 3 0,- 00 m r Lu rr 4? ro w w N a Z a z w 0 a w a a z c0i m i p I LE m vs 0 ❑■ un m 107 R w c 0 G C � N M 0 � L O L C C wr m O 0 y A d C 0 EO mmd m E r. -i U 4j b9 L M C G y m 2 1 Es V 0 L _ ECOO Ln N U W c W N ❑ N N to � rr th m n U ❑° R0 E z m mt a a ❑ w a m a a O m z F y � G. 0 w w N a Z a z w 0 a w a a z c0i m i p I LE m vs 0 ❑■ un m 107 R w c 0 G r N M 0 I 'v a b9 N U EL th m n m cri of v v 0 0 z 1PBgo V L EMA CW INTOW TO PIEITFORM AS AN SMMMK� BUISCONT"RACTOR This dowmant must ba comptated by the SgEAMBF, &tnoov*wotor and submitted wM bid packet. Specify In detail, the partlouler worx ItCme to u performed and the dollar amount an[Uvr polt6ntaga For each work iteM. S13k credtOWIt onty be given for Item whiaftthe am Sed rortified to pert mL Falture to properly complete Schodole Y may reEuitin your 8BG Participation not belne 4oumod. PROJECT NUMSm: BM #t1-073/GC PROJECT NAME—Crews with + ent Refatal of Facet Contt'rtot To., D. S, Bakim turistmotion Corporation — — (Name or Primo- Ridder) Tire undersigned is eerttfied by Palm E%aeh County as a - (check one or more, as appl'icahle): Small Duslness F-nw p w X Minority business Enterprise x Bloc .__,-__ I-lispan?c 7c women CAU02eia 1 Other (Please Specify) _ Irate of Palm Seam Cauchy Cetiificatlan: Ootoi or 27, 2010 to Ootober 26, 2013 The undersigned is prepared to perform the following deaorit�ed work in cormection with the above project, AcditlmW Sheete May Be Ll"dAs Nemsvary Line heft Total Price/ Lot No. Item Description Qtylunits Unit Price Perrotr as ctsitl and ui ntRentel Ha►�ira exVices sof I.�"lo,o�, .artc>7et�f'orn�ad IJnderCOntrnot at the following price or percentage tSaboasstrdGtPr's gntsa) and will enter into a fomtal agreement forwork with you ronditloned Upon your executlon of a rantra+k with PMrn 89arh County. If underElgrled Intends to sub-sutleontrack'4my porno of this subcontrad to a non-certMed SBE sul:contmctar, the amount of MY sUCi1 sub contraot mint be stated. Price or P"WlagR — -0^ 1 -he underslpned subcontraft- undemtands tint t>,e provision of this form to Prime Bidder doss not prevent Subconbna(9ar 4um provlding quotations to other bidders. • Tru Truo4cin,wInc, _ (Print name of St3E,fdIMGE B rttraCior) SI natrrro) (Print namePtitle of person exec ig on behalf oNIS -M1V BE subcontractor) []ate: 611 512 01 1 Page 22 SCHEDULE 2 LETTER OF INTENT TO PERFORM AS AN SBE-MIWBE SUBCONTRACTOR This document must be completed by the SBE-MIWBE Subcontractor and submitted with bid packet. Specify in detail, the particular work Items to be performed and the dollar amount and/or percentage for each work item. SBE credit will only be given for Items which the SBE-MIWBE Subcontractor are SBE certified to perform. Failure to properly complete Schedule 2 may result in your SBE participation not being counted. PROJECT NUMBER. BID #11-073/GC PROJECT NAME: Crews with Equipment, Rental of, Term Contract TO: D. S. Eakins Construction Corporation (Name of Prime Bidder) The undersigned is certified by Palm Beach County as a - (check one or more, as applicable): Small Business Enterprise X Minority Business Enterprise X Black Hispanic X Women Caucasian Other (Please Specify) Date of Palm Beach County Certification: October 27, 2010 to October 26, 2013 The undersigned is prepared to perform the following described work in connection with the above project. Additional Sheets May Be Used As Necessary Line item/ Total Price/ Lot No. Item Description Qty/Units Unit Price Percentage Trucking and Eguipnielit Rental (Hauling Services) at 15% of Work Pcrformed Under Contract at the following price or percentage $45.00 (Subcontractor's quote) and will enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach County, If undersigned Intends to sub -subcontract any portion of this subcontract to a non -certified SBE subcontractor, the amount of any such subcontract must be stated. Price or Percentage -0- The undersigned subcontractor understands that the provision of this form to Prime Bidder does not prevent Subcontractor from providing quotations to other bidders, Tni Tricking, Inc. (Print name of SBE-M/WBE Subcontractor) By: (Signature) (Print nameltitle of person executing on behalf of SBE-MIWBE Subcontractor) Date: 6/15/2011 I M J 0 C7 z_ z w 2 F- -z 0 O L< U d L LI co Lb m r U w w d z Of 0 F - z O U LU a CC w IL Z) U) i5 LL1 0 to ro O co N E E m a � u am t4— u .G L •O •C C L 00 CL E. a C yL N C K �' a zz�o� 0 AD = a o ii 2 Q. L- CL a a!,as r o a tow•�an. aC c'o G. y 0 0 0 0 cu - O r OOgm•x u _ o c c urnuou Ua (nn CD CD � r (a U 103z p] w W Gni �WmLLFmr iTl�cnU cn Lb Lb d LU m L L �N%2- ,Ll aa�0M +O+ 0m� y c E +o ru- �, C 0 C 7 U Q- +' O L9 4 O o O 0Ee. 0 cd o Ceaa �p OLL s x r+ L O '8 O mN�w3 a rr.— a � R o 0 CLL w �aa.i0O a y,r. .Ota Lo CLO C L 0 .N T O M U u a+o» oNcn �EOcww asU�uo .n cCi m cn 0 (n -0 C 0 O z d� L � � a O vai as m .N R U c� � U.Q C Q. � iC aCi T, Y E ot v L./ Lu m m In Y) m cNb in m ig Qo 0 v w F m j Y° m F O LL. z z� F c� o E d ° [n F - z O = ~Q m U g mS cn v, W (a U) w m m� U O r- z 0) C 0 O z Page 24 SCHEDULE 4 SHE-MIWBE PAYMENT CERTIFICATION Schedule 4 is to be completed by the SBE-MIWBE subcontractor. The Prime is to submit Schedule 4 with its Monthly Pay Request to Palm Beach County to reflect actual payments made to the SBE-MIWBE Subcontractor, The Prime Is not to request signature from SBE-MIWBE Subcontractor unless It has made a payment to the SBE-MIWBE Subcontractor. The SBE-MIWl3E Subcontractor is not to complete and sign unless it has received a payment from the Prime contractor. A separate payment certification is required for each SBE-MIWBE Subcontractor. This is to certify that received SBE or MIWBE Subcontractor (Monthly) or (Final) payment of on From D. S. Eakins Construction Corporation for labor and/or materials used on PROJECT NO. (Prime Contractor) PROJECT NAM SSE OR M/WBE SUBCONTRACTOR; (Company Name) BY: (Signature of Subcontractor) (Print Name & Title of Person executing on behalf Of Contractor) NOTARY STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this by Personally Known OR Produced Identification BY: (Print Name & Title of Person Executing on behalf Of Contractor Subcontractor) day of 20_ Notary Public, State of Florida Print, Type or Stamp Commissioned Name of Notary Type of Identification Produced NOTARY STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this by day of 20� Notary Public, State of Florida Print, Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Produced $.B. QUALIFICATION OF BIDDERS List of uipment All of the following equipment is in good to excellent condition, 1 -Cat 416-B 4x4 Backhoe 1 -Komatsu 200 Backhoe 2 -Cat 225 Backhoes 1 -Cat 231 Backhoe 2 -Cat 416-C 4x4 Loader/Hoes t -Cat 320 CL Excavator w/bucket 2 -Cat 330 BL Excavators w/bucket 1 -Komatsu PC 228 —3 Excavator zero tail swing 2 -Komatsu PC 138U Excavator zero tail swing 1 -Komatsu PC 78MR-6 Excavator zero tail swing 2 -Komatsu WA 500-6 Wheel Loaders 2 -Cat 910 Loaders 1 -Cat 966' Loader 4 -Cat 966F 11 Loaders 2- Bobcat 753's l -Komatsu WA250-3L Wheel Loader 1-Kornatsu WA 320-SLKM Loader t -Komatsu WA 480 -SL Wheel Loader 1 -Komatsu WA 450-6 Wheel Loader 2 -Thompson 8" Wellpoint Pumps 2 -Thompson 12" Rotary Wellpoint Pumps 2 -Thompson 6" Jet Pumps 2 -Holland 6" Hydrulic Trash Pumps Bomag Roller Miller Big Blue Welder 2 -Wacker Reverse Plate Compactor 5055 2 -Wacker Reverse Plate Compactors 6055 Wacker Genemator Moldel G-70 Cat mdl#CB214E roller Custon 22' Wellpoing Drillrig 1 -Bobcat T-300 Page 1 of 2 Vehicles and Trucks 6 Mack Tri -Axles Dunip 70000 GVW 97-07 3 Mack Tractors 50000 GVW 01-07 2 Boom Trucks 3 4000 Gallon Water Trucks 4 F350 Ford Crew Trucks 1 Chevy 4500 Crew Truck 6 Pick up Trucks 150 Ton Lowboy 4 32' Trail King Dump Trailers 1-9000 Gallon Sewage Trailer 3 45' Flat Bed Trailers 1 35 Ton Lowboy Miscellaneous Equipment Air bags — pipe plugs 4" Through 72" Sewer by pass plugs 6" through 36" Steel sheeting shoring Trench boxes shoring I Beams for miscellaneous supporting of utilities 5 well point systems 4 Electric dewatering pumps 3" Diaphragm pump with 50' discharge hose Laser beams, transits and levels Portable welders Concrete drills and Jack hammers Air Compressor Confined space — Four gas and oxygen level monitors Underwater (hydraulic) saw for cutting pipe Page 2 of 2 Anne M. Gannon, Tax Collector P.O. Box 3715 D S EAKINS CONSTRUCTION CORP FRICK CINDI P4 80X 530165 Account Number: 2001-14946 WEST PALM BEACH FL 33403.6902 Dear Business Owner: This is your new local business tax receipt. Please keep the a per portion for your records and detach the bottom of this form. Verfiy the information and display it conspicuously at your place of business, open to the view of the public, This receipt is in addition to and not in lieu of any license required by law or municipal ordinance and is subject to regulations of zoning; health. and any other lawful authority (County Ordinance Number 72-7). Receipts may be transferred to a new owner when evidence of a sale is provided; the original receipt is surrendered and a transfer fee is paid. Receipts may be transferred to a new location when proof of zoning approval is provided; the original receipt is surrendered and a transfer fee is paid. Business name changes require a new receipt. This receipt expires On September 30, 2011. Renewal notices are maifed at (fie end of June. If you do not receive the notice by the end of July, please let us knout. I hope you have a successful year. Tax Collector "" DETACH AND DISPLAY BOTTOM PORTON, AND KEEP UPPER PORTION FOR YOUR RECORDS '" 2001-14946 STATE OF FLORIDA CW -001 PALM BEACH COUNTY LOCAL BUSINESS TAX RECEIPT EXPIRES. SEPTEMBER 30, D 5 EAKINS CONSTRUCTION CORP LOCATED AT FRICK CINDI M 1461 KINETIC RD WEST PALM BEACH FL 33340-3191 This receipt is heroby valid for the above address for the poriod beginning on the first day of October and ending on the thlrtteth day of Septornber to engage in the buslness,profession or occupation of: GENERAL CONTRACTOR CGC036066 TAX COLLECTOR, PALM BEACH COUNTY 2099 CIWIDE CLASSIFICATION $369.60 TOTAL $369.60 THIS IS NOT A BILL - DO NOT PAY PAID. PBC TAX COLLECTOR $369.60 BTR 344 01859018 09/3012010 THIS DOCUMENT IS VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR Board of County Commissioners Karen T. Marcus, Chair Shelley Vana, Vice Chair Paulette Burdick Steven L. Abrams Burt Aaronson Jess R. Santamaria Priscilla A. Taylor BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION BID #11 -073113C CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT BID OPENING DATE: JUNE 16, 2011 AT 2:00 P.M, County Administrator Robert Weisman Purchasing Department www,pbcgov.com/purchasing It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department (561) 616-6800. It is requested that all bids be submitted in triplicate, one original and two copies. BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL, SIGNED IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (6) business day posting period. CAUTION As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our website at http://www.pbcciov.comir)urchasing. It Is the vendor's sole responsibility to routinely check this website for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from the above website or obtained directly from the Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415.3199 (561) 616.6800 FAX; (561) 616.6811 Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID BID NO: 11-073/GC BID TITLE: Crews with Equipment, Rental of, Term Contract PURCHASING DEPARTMENT CONTACT: Greg Carrico, Buyer TELEPHONE NO.: 561-616-6823 FAX No.; 561-242-6723 EMAIL ADDRESS: gcarrico@ be ov,com All bid responses must be received on or before June 16, 2011 , prior to 2:00 p.m., Palm Beach County local time, at which time all bids shall b© publicly opened and road. SUBMIT BID TO; Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415-3195. This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a pari of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this invitation to secure bids for item(s) and/or services as listed herein. The selected awardee is Hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION Bidders are advised that this package constitutes the complete set of specificarions, terms, and conditions which forms the binding contract between Palm Beach County and the successful bidder. Changes to this invitation for bid may be made only by written amendment Issued by the County Purchasing Departmenl. Bidders are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that 11 is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Department contact in wrifina in sufficient time to permit a written response and, if required, will be provided to all prospective bidders, prior to bid opening. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document, Bidder certifies that this bid is made without reliance on any oral representations made by the County. The obilgations of Palm Beach County under this award are subject to the availability of funds lawfully appropriated for its purpose. 2. LEGAL REQUIRPMENTS COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local lays, ordinances, rules and regulations that in any manner affect the hems covered herein apply. Lack of knowledge by the bidder shall In no way be a cause for relief from responsibility. hhe successful bidder shall strictly comply with Federal State and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. Bidder certifies ihat all products (materia)s, equipment, processes, or other items supplied in response to this bid) conlained in its bid meets all ANSI, NFPA and ali other Federal and State requirements. Bidder further cerllnes that, if It is the successful bidder, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on dale of delivery, all costs necessary to bring the product into compliance shall be borne by the bidder. In compliance with Chapter 442, Florida Statutes, any toxic substance resulting from this bid shall be accompanied by a properly completed Material Safety Data Sheet (MSDS). The Uniform Commorcial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the successful bidder and Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid. b. 131SCRIMINATJON A OHIBITED: Palm Beach County is committed to assuring equal opportunity in the award of conlrecls and complies with all laws prohibiting discrimination, The successful bidder Is prohibited from discriminating against any employee, applicant, or client because of race, color, religion, disability, sox, age, national origin, ancestry, marilal status, sexual orientation, or gander Identity and expression. c. INDEPENDENT CONTRACTOR RELATIONSHIP: The successful bidder is, and shall be. In the performance of all work, services, and activities under this Contract, an Independent Contractor and not an employce, agent, or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and In all places, be subject to the successful bidder's sole dfreclion, supervision, and control. The successful bidder shall exercise control over the means and manner in which it and its employees perform the work, and In all respects the successful bidder's relationship, and the relationship of its employees, to the COUNTY shall be that of an Independent Contractor and riot as employees or agents of the COUNTY. d. CRIMINAL HISTORY RECORDS CHECK. QRDINANCE: Pursuant to Ordinance 2003-030, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance'), the County shall conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or servicos for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees end subcontractors of vendors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be critical to the public safety and security of the County. County facilities that require this heightened level of security are Identified in Resolution R-2003-1274, as may be amended. The bidder is solely responsible for understanding the financial, schedule, and staffing implications of this Ordinance. Further, the bidder acknowledges that its bid price Includes any and all direct or indirect costs associated with compliance of tills Ordinance, except for the applicable FDLEIFBI fees that shall be paid by the County. e. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County to notify all bidders of the following: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of 36 months from the dale of being placed an the convicted vendor list' f. NON-COLLUSfON: Bidder certifies that It has enlered into no agreement to commit a fro uduleni, deceitful, unlawful, or wrongful act, or any act which may result In unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion In connection with any sale, bid, quotation, proposal or other act Incident to doing business with Palm Beach County may result in permanent debarment. No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, and removal from the vendor bid list(s), andlor debarment or suspension from doing business with Palm Beach County. LOBBYING- Bidders are advised that the 'Palm Beach County Lobbyist Registration Ordinance' prohibits a bidder or anyone representing the bidder from communl"Ing with any County Commissioner, County Commissloners staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding its bid, Le., a 'Cone of Silence'. The 'Cone of Silence* Is In effect from the dateltime of the deadline for submission of the bid, and terminates at the time that the Board of County Commissioners, or a County []apartment authorized to act on their behalf, awards or approves a contract, rejects all bids, or otherwise takes action which ends the solicitation process, Bidders may, however, contact any County Commissioner, County Commissloner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication i,e., facsimile, e-mail or U.S. mail, Violations of the 'Cone of Silence' are punishable by a fine of S25u.00 per violation. h. CONFLICT OF INTEREST: All bidders shall disclose velth their bid the name of any officer, director, or agent who Is also an employee or a relative of an employee of Palm Beach County. Further, all bidders shall disclose the name of any County employee or relative of a County employee who awns, directly or indirectly, an interest of ten percent or more in the bidder's firm or any of its branches. I. SUCCESSORS ANDA IGNS: The County and the successful bidder each binds itself and its successors and assigns to the other party In respect to all provisions of this Contract. Neither the County nor the successful bidder shaft assign, sublet, convey or transfer Its interest in this Contract withoul the prior written consent of the other. ]. INDEMNIFICATION: Regardless of the coverage provided by any Insurance, the successful bidder shall Indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses andlor causes of action which may arise from any negligent act or omission of the successful bidder, Its subcontractors, agents, servants or employees during the course of periorming services or caused by the goods provided pursuant to these bid documents andfor resultant contract. k. PUBLIC RECORDS: Any material submitted In response to this invitation for bid is considered a public document In accordance wrlh Section 119.07, F.S. This includes material which the responding bidder might consider to be confidential or a trade. secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 118.07, F.S. I. INCORPORATION. PRECEDENCE, JURISDICTION: This Invitation for Old shall be included and Incorporated In the final award. The order of contractual precedence shall be the bid document (original terms and conditions), bid response, and purchase order or term contract order. Any and all legal action necessary to enforce the award or the resullant contract shall be held in Palm Beach County and the Page 3 contractual obligations shall be interpreted according to the laws of Florida. m. LEGAL EXPENSES: The County shall not be liable to a bidder for any legal fees, court costs, or other legal expenses arising from the Interpretation or enforcement of this contract, or from any other matter generated by of relating to this contract. 3. B113 SUBMISSION SUBMISSION OF RESPQNSES: All bid responses must be submitted on the provided Invitation for Bid "Response" Form. Bid responses on vendor lelterheadlquotation forms shall not be accepted. Responses must be typewritten or written In Ink, and must be signed in Ink by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE BIO RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION Of THE BIO. Bid responses are to be submitted to the Palm Beach County Purchasing Department no later than The time indicated on the solicitation preamble, and must be submitted in a sealed envelope or container bearing the bid number for proper handling. CERTIFICATIONS, LICENSES AND PERMITS: Unless other else directed in sub -paragraph d. (Local Preference) or the Special Conditions of this bid, bidder should include with Its bid a copy of ail applicable Certificates of Competency Issued by the Slate of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the bidder shown on the bid response page. It shall also be the responziblilly of the successful bidder to submit, prior to commencement of work, a current Local Business Tax Receipt (Occupational License) for Palm Beach County and all permits required to complete this contractual service at no additional cost to palm Beach County, A Palm Beach County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. In lieu of a Palm Beach County Local Business Tax Receipt (Occupational License), the bidder should Include the current Local Business Tax Receipt (Occupational License) Issued to the bidder in the response. it Is the responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Fallure to meet this requirement shall be considered default of contract. C. SBE BiD DOCUMENT LANGUAGE ]tem 1 - Policy It is the policy of the Board of County Commissioners of Palm Beach County, Florida, that SBE(s) have the maximum practical opportunity [a participate in'lhe competitive process of supplying goods, services and construction to the County. To that end, the Board of County Commissloners adopted a Small Business Ordinance which Is codified in Sections 2-80.21 through 2.80.34 (as amended) of the Palm Beach County Code, which sets forth the County's requirements for the SBE program, and is incorporated In this solicitation. Compliance with the requirements contained in this section shall result in a bidder being deemed responsive to SBE requirements. The provisions of this Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solicitation in the event of a conflict. Although preferences will not be extended to certified M1WBEs, unless otherwise provided by law, businesses eligible for certification as an MlWBE are encouraged to marnlain their certification in order to assist In the tracking of M/WBE availab€lily and awards of contracts to WNBEs. 'This information is vital to determining whether race and gender neutral programs assist M1WBE firms or whether race and gender preferences are necessary In order to address any continued discrimination In the market. Item 2 - SBE Goals The County has established a minimum goal of 15% SBE participation for all County solicitations, inclusive of all allemates and change orders. This goal is a minimum, and no rounding will be accepted, !em 3 - Rankin - f Res onsive Bidders Bidders who meet the SBE goal will be deemed to be responsive to the SBE requirement. a. In evaluating compelitive bids or quotes between $1,000 and one million dollars ($1,000,000) where the low bidder is non- responsive to the SBE requirement, the contract shall be awarded to the low bidder responsive to the SBE requirement as long as the bid does not exceed the low bid amount by 10%; or b. In the event there are no bidders responsive to the SSE requirement, the contract shall be awarded to the bidder with the greatest SBE particlpation in excess of seven percent (7%) participation, as long as the bid does not exceed the low bid amount by ten percent (10%). C. In evaluating bids In excess of one million dollars ($1,000,000), the contract shall be awarded to the low bidder responsive to the SSE requirements provided that such bid does not exceed the lowest responsive bid by more than one hundred thousand dollars ($100,000) plus three percent (3%) of the total bid in excess of one million dollars ($1,000,000); d. In the evert( there are no bidders responsive to the SSE goal, the contract shall be awarded to the bidder with the greatest SBE participation In excess of seven percent (7%) participation, provided that such bid does not exceed the lowest responsive bid by more than one hundred thousand dollars ($100,000) plus three percent (3%) of the total bid in excess of one million dollars ($`1,000,000). Item 4 - Bid Submission Documentation SBE bidders, bidding as prime contractors, are advised that they must complete Schedule 1 listing [he work to be performed by their own workforce as well as the work to be performed by any SBE or M1WBE subcontractor. Failure to include this information on Schedule 1 will result In the participation by the SBE prime bidders own workforce NOT being counted towards meeting the SBE goal. This requirement applies even if the SBE contractor intends to perform 100% of the work will, their own workforce. Bidders are required to submit with their bid the appropriate SBE-MlWBE schedules in order to be deemed responsive to the SBE requirements. SBE•MAWBE documentation to be submitted Is as follows: Schedule 1 - List of Pro used SBE and MANBE Participation This list shall contain the names of ell SBE and &VWBE prime and subcontractors intended to be used in performance of the contract, if awarded. This schedule shall also be used if an SBE prime bidder is utilizing ANY subcontractors. (Only JoOrdor Contractin JOCI contracls_and Task Authorizations for annual contracts may be excluded from this regulrement.l Scheduled 2 - Lelterfs) of Intent to Perform as an SSE or MfWBE Subcontractor A Schedule 2 for each SBE and/or M1WBE Subcontractor listed on Schedule 1 shall be completed and signed by the proposed SBE andlor MAWSE Subcon[rac(or, Subcontractors shall specify the type of work to be performed, the cost or percentage shall also be specified. Additional sheets may be used as needed, in fiou of a Schedule 2, a detailed responsive proposal may be acceptable. Item 5 - SBE Certification Only those rums certified by Palm Beach County at the time of bid opening shall be counted toward the established SBE goals. Upon receipt of a complete applicalion, IT TAKES UP TO NINETY (90) DAYS TO BECOME CERTIFIED AS AN SBE WITH PALM BEACH COUNTY. It is the responsibility of the bidder to confirm the certification of any proposed SBE; therefore, it is recommended that bidders visit the on-line Vendor Directory at vnvw.pbcgov.org/osba to verify SBE certification. Item 6 - Counting SBE Participation land M1WBE Participation for Tracking Purposes) a. Once a firm is determined to be an eligible SBE according to the Palm Beach County certification procedures, the County or the Prime may count toward its SBE goals only that portion of the Well dollar value of a contract performed by the SBE. Prior to Page A issue, total dollar value or a contract will be determined by the PBC user department by defining factors to be considered as value. Total dollar value of retell contracts shall be determined by Gross Receipts. b, The County may count toward Its SBE goals the total value of a contract awarded to an eligible SBE firm that subsequently is decertified or whose certification has expired after a contract award date or during the performance of the contract, C. The County or Prime may count toward its SDE goal a portion of the total dollar value of a contract with a joint venture, eligible under the standards for certification, equal to the percanlago of the ownership and control or the SBE partner in the joint venture. d. The County or Prime may count toward Its SBE goal the entire expenditures for materials and equipment purchased by an SBE subcontractor, provided that the SBE subcontractor has the respon51bilily for the installation of the purchased materials and equipment. e. The County or Prime may count the entire expenditure to an SBE manufacturer (i.e., a suppfierldist6butor that produces goods from raw materials or substantially alters the goods before resale). f. The County or Prime may count sixty percent (60%) of its expenditure to SBE suppliersldistributors that are not manufacturers. g. 1 he County or Prime may count toward Its SBE goal second and third tiered SBE subcontractors; provided that the Prima submits a completed Schedule 2 form for each SBE subcontractor, h. The County or Prince may only count toward its SSE goal the goods and services in which the SBE is certified. Item 7 - Responsibilities After Contract Award Schedule 3— SBE•MfWBE Activity Form This form shall be submitted by the prime contractor wish each payment application when SBE andror MiWBE subcontractors are utilized in the performance of the contract. This form shall contain the names of all SBE and M1WBE subcontractors, specify the subcontracted dollar amount for each subcontractor and show amount drawn and payments to date Issued to subcontractors. This form is intended to be utilized on all non-professional services contracts. Schedule 4 — SBE-MlWBE Payment Certification A schedule 4 for each SBE andfor MtWBE sub shall be completed and signed by the proposed SBE and/or MlWBE after receipt of payment from the prime. When applicable, the prime shall submit this form with each application submitted to [ha county for payment to document payment Issued to a sub In the performance of the contract. All bidders hereby assure that they will meet the SBE participation percentages submitted In their respective bids with the subcontractors contained on Schedules 1 and 2 and at the dollar values specified. Bidders agree to provide any additional information requested by the County to substantiate participation. The successful bidder shall submit an SBE-MlWBE Activity Form (Schedule 3) and SBE-MfWBE Payment Certification Forms (Schedule 4) with each payment application. FaRure fa protide these forms may result in a delay in processing payment or disapproval of the Invoice until they are submitted. The SBE-MlWBE Activity Form is to be filled out by the Prime Contractor and the SBI=-M1WBE Payment Certification Forms are to be executed by the SBE or MANSE firm to verify receipt of payment. Item 8 - SBE Substitutions After contract award, the successful bidder will only be permitted to replace a certified SBE subcontraclor who Is unwilling or unable to perform. Such substitullon must be done wi[h other certified SBE's in order to maintain Ilene SBE percentages submitted with the bid. Requests for subslltulions must be submitted to the user Department and OSSA. LOCAL PREFERENCE ORDINANCE: In accordance with the Palm Beach Coun(y Local preference Ordinance, a preference will be given to (1) bidders having a permanent place of business In palm Beach County; (2) bidders having a permanent place of business In The Glades that are able to provide the goods or services within the Grades a. Glaft Loral Preference: Pursuant to the Palm Beach County Local preference Ordinance, a 5% Glades Local Preference Is given when a Glades Business offers to provide the goods or services that will he procured for use in the Glades. 1f the lowest responsive, responsible bidder Is a local, non -total, or regional business, all bids received from responsive, responsible Glades businesses will be decreased by 6%. The original bid amount is not changed: the 5% decrease is calculated only for the purposes of determining local preference. b. Local Preference: Pursuant to the Palm Beach County local Preference Ordinance, a 5°!6 Local Preference is given to bidders having a permanent piece of business In Palm Beach County, H the lowest responsive, responsible bidder is a non -local or regional business, all bids received from responsive, responsible Local businesses will be decreased by 5%. The original bid amount Is not changed; the 50/6 decrease is calcufaled only for the purposes of determining local preference, c. To receive either a Glades Local Preference or a Local Preference, a bidder must have a permanent place of business in existence prior to the Counly's Issuance of this Notice of Solicliallonflnvitalion for Bid. A permanent place of business means that the bidders headquarters is located in Palm Beach County or In the Glades, as applicable; or, the bidder has a permanent office or other site in Palm Beach County or in the Glades, as applicable, where the bidder will produce a substantial portion of the goods or services to be purchased. A valid Business Tax Receipt Issued by the Palm Beach County Tax Collector Is required, unless the bidder Is exempt from the business lax receipt requirement by law, and will be used to verify that (lie bidder had a permanent place of business prior to the issuance of this Notice of Sollcilallonlinvilatlon for Bid, Please note that in order to receive a local preference, the bWders name and Palm Beach County address listed on the business fax receipt must be the same bidders name and Palm Beach County address that is included in the bid submitted by the bidder to the County and that the allached 'Certification of Business Location" and Business Tax Receipt must accompany the bid at the time of Id submission. Failure to submit this information will cause the bidder to not receive a lacal preference. Palm Beach County may require a bidder to provide additional Information for clariGcalion purposes at any time prior to the award of the contract." e. 9RUG FREE WORKPLACE CERTIFICATION: In compliance with Florida Statute (Section 287.087) attached form 'Drug -Free Workplaca Certification" should be fully executed and submitted with bid response In order to be considered for a preference whenever two (2) or more bids which are equal with respect to price, quality, and service are received by Palm Beach County. CONDITIONED OFFERS: Bidders are cautioned that any condition, qualification, provision, or comment In their bid, or In other correspondence transmitted ttitih their bid, which in any way modifies, takes exception to, or is inconsislont vrilh the specifrcalions, requirements, or any of the terms, conditions, or provisions of this solicllation, is sufficient cause for the rejection of their bid as non- responsive. g. PRICING: (1) Prices offered must be the price for new merchandise and free from defect. Unless specifically requested In the bid specifications, any bids containing modifying or escalation clauses shall be rejected. (2) The price offered must be in accordance Mh the unit of measure provided on the bid response page(s). One (1) space or line requires only one (1) single, fixed unit price. Anything other than a single, fixed unit price shall result in the rejection of your bid, (3) All unit prices bid should be within 1%vo (2) decimal points. If bidder's pricing exceeds two (7.) decimal points, Purchasing reserves the right to round up or down accordingly. Page 5 (4) Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the dale of bid opening to allow for evaluation and award. (5) Bidder warrants by virtue of bidding that prices shall remain firm for the initial and any subsequent term unless modified by a special condition, (6) in the evonl of mathematical crror(s), the unit price shall prevail and the bldder's total otter shall be corrected accordingly. BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED 1N INK BY THE BIDDER PRIOR TO BID OPENING. IF THE CORRECTION 15 NOT PROPERLY INITIALED, OR IF THE INTENT OR LEGIBILITY OF THE CORRECTION IS NOT CLEAR, THE BID SHALL BE REJECTED. (7) Bidders may offer a cash discount for prompt payment. However, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes unless otherwise specified In the special conditions. Bidders should reflect any discounts to be considered In the unit prices bid. h. SUBMITTING NO BID or NO CHANGE: Bidders not wishing to bid on some items sought by this solicitation should mark those items as 'no bid.` If some items are to be offered at no charge, bidders should mark those items as "no charge." Items left blank shall be considered a "no bid' for that Item, and the bid shall be evaluated accordingly. Bidders who do not wish to submit bids on any Item in lhis solicitation, should return a 'Statement of No Bid" in an envelope plainly marked with the bid number and marked 'NO BIO." ACCEPTANCEiREJECTION OF BIDS; Palm Beach County reserves the right to accept or to reject any or all bids. Palm Beach County also reserves the right to (1) waive any non -substantive Irreguiarilies and technlcalifies; (2) reject the bid of any bidder who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by another governmental entity, or who is not in a position to perform properly under this award; and (3) inspect all facilities of bidders in order to make a determination as to its ability to perform. Palm Beach County reserves the right to reject any offer or bid If the prices for any line Items or subline Items are materially unbalanced. An offer is materially unbalanced if It Is mathematically unbalanced, and if there is reason to believe that the offer would not result In the lowest overall cost to the County, even though it Is the lowest evaluated offer, An offer Is malhematicaliy unbalanced if It Is based on prices which are significantly less than fair market price for some bid line item and significantly greater than fair market price for other bid tine items. Fair market price shall he determined based on industry standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained In the market place. The determination of whether a particular offer or bid Is materially unbalanced shall be made In writing by the Purchasing Director, citing the basis for the determination. NON-EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 2B7.042, Florida Statutes, provided the Stale of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other conlfacts for goods and services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation at resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resullanl contract. k. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Palm Beach County encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder, I. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, Rood, or acts or God, Palm Beach County shall be given 'first priority' for all goods and services under this contract. Bidder agrees to provide all goods and services to Palm Beach County during and after the emergency at the terms, conditions, and prices as provided in this sollcltation on a 'first priority basis. Bidder shall furnish a 24-hour phone number to the County In the event of such an emergency. Failure to provide the staled priority during and after an emergency shall constitute breach of contract and make the bidder subject to sanctions from doing further business with the County. Fri. SALES PROMOTIONS i PRiCE REDUCTIONS: Should sales promotions occur during the term of the contract that lower the price of the procured item, the successful bidder shall extend to the County the lower price offered by the manufacturer on any such promotional item, Further, any price decreases effectuated during the contract period by reason of market change or otherwise, shall be passed on to Palm Beach County. GUA PURCHASES UNDER $900,000: Pursuant to Section 2- 54(f)(11), Palm Beach County Code, purchases under 5100,000 made for the Glades Utility Authority "GUA' DLDy be awarded only to those vendors located in the Glades, as deflned In the Palm Beach County Code. It is the County's intent to award this sollcltalion to the lowest, responsive, responsible bidder located In the Glades. However, if no response is received from a vendor located In the Glades, the good or service shall be re-soliciled to all vendors and awarded to the lowest, responsive, responsible bidder, d. BID OPENINGiAWARD OF BID OBSERVING THE PUBLISHED 131D OPENING TIME: The published bid opening time shall be scrupulously observed. It Is the sole responsibility of the bidder to ensure that their bid arrives in the Purchasing Department prior to the published bid opening lime. Any bid delivered after the preclso time of bid opening shall not be considered, and shall be returned to the bidder unopened if bidder Identification is possible without opening. Bid responses by telephone, electronics, or facsimile shall not be accepted, Bidders shall not be allowed to modify their bids after the published bid opening lime. POSTING OF AWARD RECOMMENDATION: Recommended awards shall be publicly posted for review, at the Purchasing Department and on the Purchasing Department wobslte at www.obagov.comlourchasinn prior to final approval, and shall remain posted for a period of five (5) business days. Bidders desiring a copy of the bid posting summary may request same by enclosing a self- addressed, stamped envelope with their bid. (NOTE: As a service to bidders, the County provides an unolficlal list of award postings on our web site.) The official posting in the Purchasing Department shall prevail if a discrepancy exists between the referenced listings, PROTEST PROCEDURE: Protest procedures are provided In the Palm Beach County Purchasing Code. Protests must be submitted In writing, addressed to the Director of Purchasing, via hand delivery, mail or fax to 561/242-6705. Protest must Identify the solicitation, specify the basis for the protest, and be received by the Purchasing Department within five (5) business days of the posting date of the recommended award. Tha protest is considered filed when It is received by the Purchasing Department. Failure to fife protest as outlined in the Palm Beach County Purchasing Code shall constitute a waiver of proceedings under the referenced Counly Code. 5, CONTRACT ADMINISTRATION a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this bid are to be made during the normal working hours of the County. Time is of the essence and delivery dates must be met. Should the successful bidder fall to deliver on or before the slated dates, the County reserves the right to CANCEL the ❑rdef or contract and make the purchase elsewhere. The successful bidder shall be responsible for making any and all clainms against carriers for missing or damaged items. Delivered items shall not be rwnsfdered "accepted" until an authorized agent for Palm Beach County has, by inspection or lest of such items, determined that they appear to fully comply with specifications, The Board of County Commissioners may return, at the expense of the Page 6 successful bidder and for full credit, any Item(s) received which fall to meet the County's specifications or performance standards. FEDERAL AND STATE TAX: Palm Beach County Is exempt from Federal and Slate taxes. The authorized agent for Purchasing shall provide an exemption certificate to the successful bidder, upon request. Successful bidders are not exempted frem paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are successful bidders aulhorized to use the County's Tax Exemption Number in securing such materials. PAYMENT: Payment shall be made by the County after commodiliesJservicas have bean received, accepted and properly Invoiced as indicated in the contract and/or order. Invoices must bear the order number. The Florida Prompt Payment Act is applicable to this solicitation. CHANGES: The Director of Purchasing, Palm Beach County, by written notification to the successful bidder may make minor changes W the contract terms. Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specified goods or services. Typical minor changes include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract. The successful bidder shalt not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Commissioners, DEFAULT: The County may, by written notice of default to the successful bidder, terminate the contract in whole or in part it the successful bidder fails to satisfactorily perform any provisions of this solicflation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, OF provides repeated non- performance, or does not remedy such failure within a period of 10 days (or such period as the Director of Purchasing may authorize In writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates this contract In whole or in part because of default of the successful bidder, [lie County may procure goods and/or servlces similar to (hose terminated, and the successful bidder shall be liable for any excess costs incurred due to this action. If it Is determined that the successful bidder was not in default or that the default %vas excusable (e.g„ failure due to causes beyond the control of, or without the fault or negligence of, the successful bidder), the rights and obligations of the parties shall be those provided In Section 5f, "Termination for Convenience." TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior written notice of termination to the successful bidder, specifying the portions of the contract 10 be terminated and when the termination Is to become effective. If only portions of the contract are terminated, the successful bidder has the right to withdraw, without adverse action, from the entire contract. Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given In the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders andlor subcontracts related to the terminated work. ACCESS AND AUDITS: The bidder shall maintain adequate records related to all charges, expenses, and casts incurred In estimating and performing the work for at feast three (3) years after completion or termination of this Contract. The COUNTY shall have access to such books, records, and documents as required In this section for the purpose of inspection or audit during normal business hours, at the bidders place of business. Page 7 6. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT RE UIREMENTS: Pursuant to Ordinance No. 2009-049, as amended, Palm Beach CounLY2 office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General's authority Includes, but Is not limited to, the power to audit, investigate, monitor, and inspect the activities or entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance VAth contract regufremenls and to detect corruption and fraud. THIS IS THE END OF "GENERAL CONDITIONS." Page 8 SPECIAL CONDITIONS 7, GENERAUSPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 8. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified. The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of a bidder to provide the required information within (he specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous bid shall not satisfy this provision. A. List a minimum of three 3 references in which similar goods and/or services have been provided within the past two (21 years including scope of worm, contact names, addresses, a-rnail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement. B. Provide a list of equipment and facilities available to do the work. 9. AWARD (LOT -BY -LOT Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on the total factored rate based on a lot -by -lot basis. The County reserves the right to reject bids which would result in an award which is financially disadvantageous to the County. An award may be considered financially disadvantageous when it would result in an award to a bidder for less than $1,000, or when it would result in awards of multiple small fragments. This policy is predicated on avoidance of increased adminlstrative costs and operational complexity. Therefore, It is necessary for a bidder to bid on every item in the particular lot for which the bidder submits a bid in order to have a bid considered. It is also required that the bidder carefully consider each item, and make sure that each one meets the specifications as indicated. In the event that one item does not meet such specifications for that lot, the entire lot will be considered non-responsive. Additionally, if a bidder enters a No Bid, or N/A for any item in that lot, they will be considered non-responsive for that lot. 10. PRIMARY AND SECONDARY DESIGNATION Palm Beach County reserves the right to make multiple awards for this solicitation, In the event that this right is exercised, the lowest responsive, responsible bidder shall be designated primary awardee and the next lowest responsive, responsible bidder shall be designated secondary awardee. The primary awardee shall be given the first opportunity to perform. The secondary awardee shall be contacted only after the primary awardee has refused to perform. The primary awardee is expected to perform all work offered to them, unless they are unable to perform it for lack of resources or technical ability. The primary awardee may be found in default of this contract if it declines more than 10 % of the offered work, or if it establishes a pattern of accepting only the more desirable work and declining the less desirable work. 11. METHOD OF ORDERING TERM CONTRACT A contract shall be issued for a term of twenty-four (24) months or until the estimated amount is expended, at the discretion of the County. The County will order on an "as needed" basis. Page 3 i2. F.O.B. POINT The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Bid responses showing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. 13. RESPONSE TIMEMOMPLETiON TIME Success Bidders' crews with equipment shall be required to respond on site within seventy-two 72 hours after receipt of term contract delivery order (DO) and prosecute the work uninterrupted, in such a manner, with the specified labor and equipment so as to ensure that projects as defined are completed within the timeframe agreed upon, unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Department or the designated County representative. On-site/start times shall be strictly adhered to without deviation. In the event the successful bidder cannot complete the project within the time frame, it shall immediately make this fact known to the designated County representative. The successful bidder shall, within seven (7) calendar days from the beginning of such delay, provide written notification of the causes of the delay to the designated County representative and to the Purchasing Department. If the successful bidder shall be delayed in the completion of its work by reason of unforeseeable causes beyond its control and without fault or negligence, including, but not restricted to, acts of God, the period specified for the completion of delivery shall be extended by such time as may be approved in writing by the Purchasing Department. 14. ESTIMATED EXPENDITURES The anticipated term of the contract to be awarded as a result of this bid is for twenty-four 24 months. The anticipated value during the contract term is $803,000, Palm Beach County reserves the right to increase or decrease the anticipated value as necessary to meet actual requirements, and to rebid for the contracted goods and services at any time after the anticipated value of this contract has been reached, notwithstanding that the anticipated term has not been compSeted. 15, RENEWAL OPTION WITH ESCALATOR The successful bidder shall be awarded a contract for twenty-four (24) months with the option to renew for three (3) additional twelve (12) month periods. Prices shall remain firm for the initial twenty-four (24) month period. The option for renewal shall only be exercised upon mutual written agreement with all original terms and conditions adhered to with no deviations. At the beginning of each of the three (3) twelve (12) month option periods, the County may consider a single annual price adjustment to the unit price(s) based on the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI -U, All Items, Not Seasonally Adjusted (NSA)). The website is hitp://www.bis.(3ov/cpi/horne.htm. At the County's sole discretion, this annual adjustment shall be calculated by using the appropriate annual percentage as provided by the Bureau of tabor Statistics not more than 120 days nor less than 30 days prior to the first day of the renewal term. NOTE: For accounting purposes only, the CPl-U increase will be carried out two (2) decimal points when determining the increase to the unit prices. Any renewal including subsequent price adjustments shall be subject to the appropriation of funds by the Board of County Commissioners. 16. WORK SITE SAFETYISECURITY The successful bidder shall at all times guard against damage or loss to the property of Palm Beach County, the bidder's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the successful bidder shall provide fences, signs, barricades, flashing lights, etc, necessary to protect and secure the work site(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or Its agents, Page 10 17. INSURANCE REQUIRED (LOT I COUNTYWIDE It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o Purchasing Department, Attention Insurance/Buyer Assistant, 50 South Military Trail, Suite 110, West f atm Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof, the successful bidder shall provide this evidence to the County prior to the expiration date of each and every insurance required herein. Commercial General Liability, or similar form,. shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X -C -U) must also be included when applicable to the work to be performed. Business Auto Policy, or similar form, shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for Bodily injury and Property Damage Liability. Coverage shall include coverage for all Owned Autos, Hired Autos and Non - owned Autos. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) Workers' Compensation and Employer's Liability coverage is required for all personnel who work on this project. This shall include the personnel of the contractor and any subcontractors, regardless of the size of the cornpan . Exemptions for small companies shall not be accepted. Coverage must include Employer's Liability with minimum limits of $100,000 Each Accident, $500,000 Disease -Policy Limit, $100,000 Disease -Each Employee. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Except as to Business Auto, Workers' Compensation and Employer's Liability, said Certlflcate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Further, safd Certificate(s) shall unequivocally provide len (10) days written notice to County prior to any adverse change, cancellation or non -renewal of coverage there under. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. Successful bidder shall agree to provide the County with at least ken (10) days prior notice of any cancellation, non -renewal or material change to the insurance coverages. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the Insurers providing coverage. All insurance provided hereunder shall be endorsed to show that it is primary as respects to County. 18. INSURANCE REQUIRED LOT 11 AIRPORTS ONLY It shall be the responsibility of the successful bidder to provide evidence of the fallowing minimum amounts of insurance coverage to Palm Beach County, c/o Purchasing Department, Attention Insurance/Buyer Assistant, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal thereof, the successful bidder shall provide this evidence to the County prior to the expiration date of each and every Insurance required herein, Commercial General Liability, or similar form, shall have minimum limits of $5,000,000 Per Occurrence Combined Single Limit for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises andlor Operations, Independent Contractors, Products andlor Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X -C -U) must also be included when applicable to the work to be performed. Business Auto Policy, or similar form, shall have minimum limits of $5,000,000 Per Occurrence Combined Single Limit for Bodily Injury and Property Damage Liability. Coverage shall include coverage for all Owned Autos, Hired Autos and Non - owned Autos. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) Page 11 Workers' Compensation and Employer's Liability coverage is required for afl personnel who work on this project. This shall include the personnel of the contractor and any subcontractors, regardless of the size of the com any. Exemptions for small companies shall not be accepted. Coverage must include Employer's Liability with minimum limits of $100,000 Each Accident, $500,000 Disease -Policy Limit, $100,000 Disease -Each Employee. A signed Certificate or Certiflcates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance CompanylAgent within a time frame specified by the County (normally within 2 working days of request). Except as to Business Auto, Workers' Compensation and Employer's Liability, said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Further, said CeMficate(s) shall unequivocally provide ten (10) days written notice to County prior to any adverse change, cancellation or non -renewal of coverage there under. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. Successful bidder shall agree to provide the County with at least ten (10) days prior notice of any cancellation, non -renewal or material change to the insurance coverages. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the Insurers providing coverage, All insurance provided hereunder shall be endorsed to show that it is primary as respects to County. SPECIFICATIONS BID #1 1-073/GC CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT PURPOSE AND INTENT Page 12 The sole purpose and intent of this Invitation for Bid (IFB) is to establish a firm, fixed price term contract for the rental of crews with equipment to be used by various departments throughout Palm Beach County, as specified herein. Crews and equipment shall be available on an "as needed" basis with no guarantee by the County of the amount of usage. GENERAL SUCCESSFUL BIMER'S RESPONSIBILITY: The successful bidder shall, at a minimum, own or have access to the following list of equipment, if requirod. The hourly rate offered shall include any/all of the items listed below. Failure to provide the specified equipment shall be sufficient cause for default and contract termination. • Pneumatic plugs, 6" -- 72" Steel sheeting and shoring ■ 3" Diaphragm pump with 50' discharge hose Hydraulic pumps capable of loading tankers • Laser beam • Boom truck with 12,000 Ib. capacity Underwater (hydraulic) saw for cutting pipe Air compressor and jack hammers • Backhoe with minimum lifting capacity of 12,000 lbs. for setting manholes, catch basins, etc, ■ Front end loader ■ 1 '/2 ton asphalt roller Vibratory compaction equipment The Successful Bidder's equipment will not be substituted without prior written approval from the designated Palm Beach County Project Supervisor. Equipment operators must be fully licensed, as applicable, and competent in the use of the assigned equipment. Failure to comply with any of these requirements is sufficient cause to terminate contract because of default by the Successful Bidder. The Successful Bidder will be responsible for repairs and maintenance of Its equipment. The equipment will be operated by the Successful Bidder and kept in good working condition, including all grease, oil, parts and fuel as necessary. Successful Bidder's equipment deemed defective by the designated Palm Beach County Project Supervisor shall be promptly removed from the site. Personnel employed either directly or indirectly by the Successful Bidder, who are deemed to be incompetent, inept or unfit to perform the work in the opinion of the designated Palm Beach County Project Supervisor, shall be promptly removed from the project under this Contract, and such personnel shall not again be employed to work on the project, f=ailure of the Successful Bidder to remove defective equipment or incompetent personnel may result in the termination of this Contract. COUNTY'S RESPONSIBILITY: The County shall furnish materials for the projects. In the event the Successful Bidder requires additional materia! s supplied by the County to complete a prolect within the specified agreed upon timeframe, the Successful Bidder shall notify the Palm Beach County Project Supervisor for that prolect and upon approval the successful bidder shall purchase the material required and the County will reimburse for those materials at cost to the successful bidder. Successful bidder will be required to provide original receipts of the material purchased to the Count Project Supervisor for pavment. Page 13 The contract shall be administered on the County's behalf by a designated Palm Beach County Project Supervisor for each County Department, which shall have responsibility to ensure compliance with contract requirements, such as, but not limited to, acceptance, inspection and delivery. The Palm Beach County Project Supervisor shall serve as liaison between the Palm Beach County Purchasing Department and the Successful Bidder. The designated Palm Beach County Project Supervisor or his duly appointed representative shall have the authority to suspend the work for the following reasons: (a) default of the Successful Bidder; (b) unfavorable weather conditions; (c) mechanical failure of loading, hauling, digging or spreading equipment being used in the prosecution, both of the work under this contract and the work being done by County forces adjunctive thereto; (d) or any other condition which, in the Judgment of the County representative, makes it impractical to secure first-class results. TECHNICAL REQUIREMENTS • CREW — CONCRETE, PVC, HDPE OR METAL PIPE LAYING shall consist of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavating, installing and back filling equipment necessary for laying pipe up to 36" diameter. The County shall furnish materials, • CREW — CONCRETE OR METAL PIPE LAYING shall consist of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavating, installing and back filling equipment necessary for laying pipe 36" up to 84" diameter. The County shall furnish materials. • CREW — INFILTRATION DRAINAGE shall consist of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavation of swales 36" wide, 24" deep, 8" cores to existing drainage inlets. Successful Bidder shall also be responsible for all utility locates and hauling away excess materials. County shall furnish all materials (Le., rock, filter, cloth, Jack & bores, 6' PVC sch. 40 pipe, sand). • REPAIR CREW -- FOR STORM DRAINS & PIPING shall consist of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, for layout, excavation, repairs and back filling. Successful Bidder shall also be responsible for all utility locales. • REPAIR CREW — FOR WATER RETENTION, WALLS & BANKS shaft consist of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavation, installation, and back filling. Successful Bidder shall also be responsible for all utility locates. • Dump Truck, 15 -- 20 cu. yd. capacity (for concrete and asphalt disposal). • Well Point Equipment up to 150 points complete including pump and Jetting equipment (run time only). Tandem Dump Truck with sideboards, 12 cu. yd. capacity. Tri -Axle Dump Truck with sideboards, 18 cu. yd. capacity. NOTE: The above Trucks and Well Point Equipment shall only be used In the prosecution of work under this contract as requested by the Palm Beach County Project Supervisor. FLOWABLE FILL (LOT I, ITEM 8 Successful Bidder, upon request, shall furnish and place "Flowable Fill" as an alternative to compacted soil as approved in the "Florida Department of Transportation Standard Specifications for "Road & Bridge Construction" year 2004, Section 121-1 through 121-7. Compensation shall be paid at the price per Cubic Yard as stated on the Bid Response page. The cubic yard price includes product, delivery and off-loading as directed by Palm Beach County Project Supervisor. PAYMENT The Palm Beach County Project Supervisor or designee shall review and approve Successful Bidder's "Daily Billing Ticket" to verify actual number of hours worked by the piece of equipment and/or crew, as applicable. Page 14 Contract is based on an hourly rate, as requested. Crews andlor equipment shall be available on an "as needed basis" with no guarantee by the County of the amount of use. However, any crews andlor equipment (based on an hourly rate) called out for a period of less than four (4) hours shall be compensated for at a minimum of four (4) hours. "Down Time" is not to be computed as rental lime and will not be compensated for. Payment for equipment and crews shall be made for actual time worked on site only. The County will not be charged for mobilization, demobilization, travel between job sites, etc. Payment (hourly rates) shall be full compensation for all labor, equipment, tools, fuel, oil, greases, insurance, taxes, fees, plant, transportation, suspensions, delays, and incidentals necessary to complete the service described in and as set forth in this contract. Projects started prior to the termination of this contract will be allowed an additional thirty (30) days for completion. BASE RATE Compensation shall be paid at the "base" hourly rate (crews with equipment) for actual time worked, 24 hours a day, 365 days per year. Equipment which remains on site, without operator, for the convenience of the Successful Bidder will not be compensated. The County will not be charged for mobilization, demobilization, transportation, fuel, or any other incidental expense related to the performance of this contract. All costs to be charged to the County for the performance of this contract must be included in the "base" hourly rate offered by the Successful Bidder. Page 15 BID RESPONSE BID #1 1-073/GC FIRM NAME; D. S. Eakins Coiislrllcti0ll Corporation CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT I - COUNTYWIDE: BAST= PRICE WEIGHT FACTORED ITEM DESCRIPTION PER HOUR FACTOR RATE 1. CREW -CONCRETE, PVC, HDPE OR METAL PIPE $ 285.00 X .30 = $ 85.50 LAYING up to 36" diameter, as specified herein. 2, CREW --CONCRETE OR METAL PIPE LAYING $ 335.00 X .25 = $ 83.75 36" up to 84" diameter, as specified herein. 3. CREW --INFILTRATION DRAINAGE, as specified $ 150.00 X .25 = $ 3 1.50 herein. 4. Dump Truck, 15 - 20 cu. yd. capacity, as specified $ '70.00 X 02 = $ 1.40 herein. 5. Well Point Equipment, as specified herein, $ 4 0 • 00 X .06 = $ 2 • 4 0 5. Tandem Dump Truck with sideboards, 12 Cu. yd. $ 70.00 X .01 = $ .70 capacity, as specified herein. 7. Tri -Axle Dump Truck with sideboards, 18 cu. yd. $ 70.00 X .01 = $ .70 capacity, as specified herein, PRICE PER CU. YD. 8. Flowable Fill, as specified herein. $ 110.00 X ,10 = $ 11.00 L 0 T 1, TOTAL ✓rACT01?ED RATE: $ 222.95 LOT II - AIRPORTS; BASE PRICE WEIGHT FACTORED ITEM DESCRIPTION PER HOUR FACTOR RATE 1, CREW -CONCRETE OR METAL PIPE LAYING $ 350.00 X ,20 = $ 70.00 up to 36" diameter, as specified herein. 2, CREW -CONCRETE OR METAL PIPE LAYING $ 450.00 X .20 = $ 90.00 36" up to 84" diameter, as specified herein, 3, REPAIR CREW -- FOR STORM DRAINS & PIPING, $ 350.00 X .25 = $ 87.50 as specified herein. 4. REPAIR CREW - FOR WATER RETENTION, $ 300.00 X .25 = $ 75.00 WALLS & BANKS, as specified herein. Continued.... FIRM NAME; D. S. Eakins Coiislrllcti0ll Corporation Page 16 BID RESPONSE BID #11.0731GC CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT II -AIRPORTS: Continued.... (FAILURE TO DO SO SHALL RESULT JN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any Kind, except as may have been published by the County in official amendments prior to this date of submittal. BASE PRICE WEIGHT FACTORED ITEM DESCRIPTION PER HOUR FACTOR RATE 5. Dump Truck, 15— 20 cu, yd. capacity, as specified $ 100.00 X .02 - $ 2.00 herein. CITY 1 STATE: Lake Park Florida ZIP CODE: 33403 TELEPHONE# (561 ) 842-000] E-MAIL: Doug@dseakins.com 6. Well Point Equipment, as specified herein. $ 65.00. X .06 $ 3.90 7. Tandem Hump Truck with sideboards, 12 cu. yd. $ 100.00 X .01 $ 1.00 capacity, as specified herein. 8. Tri -Axle Dump Truck with sideboards, 18 cu, yd. $ 100.00 X ,01 N $ 1.00 capacity, as specified herein. LOT//, TOTAL FACTORED RATE: $ 330. 40 All unit prices bid should be within two (2) decimal points: If bidder's pricing exceeds two (2) decimal points; Purchasing reserves the righl to round up or down accordingly, Is Qualification of Bidders Information included, per Term and Condition #8? YES D f)0' <INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT JN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any Kind, except as may have been published by the County in official amendments prior to this date of submittal. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: 6/16/2011 D. S. Eakins Construction Corporation' �i PRINT NAME: Douglas S. Eakins SIGNATU RE: PRINT TITLE: President ADDRESS: P.0Box 530185 CITY 1 STATE: Lake Park Florida ZIP CODE: 33403 TELEPHONE# (561 ) 842-000] E-MAIL: Doug@dseakins.com TOLL FREE # ( ) FAX#: ( 561 ) 842-0009 APPLICABLE CGC036066 Certified General Contractor LICENSE(S) NUMBER # CUC1224753 TYPE: Certified Underground Contractor Page 17 QUALIFICATIONS OF BIDDERS REFERENCES FOR SOLICITATION #j1-073/GC List references in accordance wilh qualifications of bidder, when applicable CUSTOMER NAME: Town of Palm Beach (P4 EASE PRPrT OR ME) ADDRESS: 951 01.d Okeechobee Road West Palm Beach, F1 33402 )PLEASE PRPTr oR TYPEy _ PHONENUMBER:_{56]) 838-5440 FAX NUMBER; (561) 835-4691 E-MAIL:7bowser@townofpalmbeach.com CONTACTNAME: James Bowser SCOPE OF WORK: Utility Repair and Maintenance (PLEASE PAWOR TYPE) START DATE: 1.985 END DATE: Present CUSTOMER NAME: Palm Beach County Board of County Commisioners (PLEASE PRWOR TYPE) ADDRESS: 2555 Vista Parkway West Palm Beach, FL 33411 (PLEASE PRLrr OR TYPE) PHONE NUMBER: 061 ) 233-395-5 FAX NUMBER: (561)233-3986 E-MAIL: mbOV7man@pbcgov.com CONTACT NAME: Mike Bowman (PLEASE PRVrr OR TYPE) SCOPEOFWORK: Utility Repair and Maintenance START DATE: 1985 END DATE: Present CUSTOMER NAME; City of West Palm Beach (REASE PR94T OR TYPF) ADDRESS: 401 Clematis Street West Palm Beach, FL 33401 (Pt EASE FRR4T OR TYPE) PHONE NUMBER: 561 494-1199 FAX NUMBER: { 1 E-MAIL; csandt@wPb.org CONTACTNAME: Craig Sandt SCOPE OF WORK: Utility Repair and Maintenance (PLEASE PRL41 OR TYPE ) STARTOATE; 1985 ENDDATE: Present Page 18 STATEMENT OF NO BID BID #1 1-073/GC CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT If you are not bidding on this service/commodity, please complete and return this form to: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, EL 33415-3109. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid due to the following reason(s): Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation for Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: Page ig CERTIFICATION OF BUSINESS LOCATION BiD #1 1-073/GC In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference will be given to: (1) bidderslproposers having a permanent place of business In Palm Beach County ("County"); (2) bidders/proposers having a permanent place of business in the Glades that are able to provide the goods, services or construction to be utilized or built within the Glades; and (3) bidders/proposers having a permanent place of business in the County (non -Glades business) who utilize Glades subcontractors for construction projects in the Glades. To receive a local preference, bidders/proposers must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of any solicitation that meets or exceeds the mandatory bid/proposal amount. A Business Tax Receipt which Is Issued by the Palm Beach County Tax Collector, aulhorizes the bidderlproposer to provide the goods/services to be purchased, and will be used to verify that the bidder/proposer had a permanent place of business prior to the issuance of the solicitation. The bidder/proposer must submit [his Certification of Business Location ("Certification") along with the required Business Tax Receipt at the time of bid or proposal submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder/proposer to not receive a local preference. Please note that the bidder/proposer name and Palm Beach County address listed on the Business Tax Receipt must be the same bidder/proposer name and Palm Beach County address that is included in the bid/proposal submitted by the bidder/proposer to the County. In instances where the bidder/proposer is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidder/proposer must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidder/proposer had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said bidders/proposers for additional information related to this requirement after the bid/proposal due date. Bidder/Proposer is a; X Local Business: A local business has a permanent place of business in Palm Beach County. (Please indicate); X Headquarters located in Palm Beach County X Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate), Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. The attached copy of bidder's/proposer's County Business Tax Receipt verifies bidder's/proposer's permanent place of business, THIS CERTIFICATION is submitted byDouel1as S. Eakins as (Name of Individual) _ Pte -silent , of D. S. Eakins Construction Corporation . (Title/Position) (Firm Name of Bidder/Proposer) who hereby certifies that the inforrnalion stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidderlproposer on this Certification will be considered an unethical business practice and be grounds for sanctions against fulure County business with the bidder)W 6/16/2011 (Dale) Page 20 DRUG -FRED WORKPLACE CERTIFICATION BID #11-0731GC IDENTICAL TIS BIDS/PROPOSALS - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids/proposals the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article 111, Sections 2.80.21 thru 2.80,34. in the event tie bids are received from vendors who have not submitted with their bids/proposals a completed Drug -Free Workplace Certification form, the award will be made In accordance with Palm Beach County's purchasing procedures pertaining to tie bids, This Drug -Free Workplace Certification form must be executed and returned with the attached bid/proposal, and received on or before time of bid opening to he considered. The failure to execute and/or return this certification shall not cause any bidlproposal to be deemed non-responsive. Whenever two (2) or more bldslproposais which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bidlproposal received from a business that certifies that It has implemented a drug-free workplace program shall be given preference In the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged In providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). (4) In the statement specified In numbed (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, 'or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such convIctlon. (5) Impose a sanction on, or require the Satisfactory participation In a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to contlnue'to maintain a drug-free workplace through Implementation Section 287.087, Florida Statutes. THIS CERTIFICATiON is submitted by Douglas S, Eakins the (individual's {dame) President of D. S. Eakins Construction Corporation (Title/Position with CompanyNendor) (flame of CompanyNendor) who does hereby certify that said CompanyNendor has Implemented a drug-free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. /16/2011 ;e w a o w Z 0. 0. Z Z w O 1] 0. Z U M N E. W N ' W u, s c 9 U � a a ds 6 L- Cl Q L a L Oa�C L. GCL 0 O c r i2 , O u -0 wLU v vE CU o � w U N d a Eo w 1 1° ZO �m G n- w as a o' aL_ O } i W G W (V w m. 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C LU CL L T m CL O � w n w o ca (nn E ' c 0. 0 O t; W 0 @ V G13 c U Q L W N tj d �Evi p c � u m 75 BE Q O A 0. ro p1 L C use a 3 r r. L � N O A w (d v 3 1C m a � u G F ? C w ooc LY E u E c W ar m m 00 za€E C O N M ro u, ar u a d) N .a � CU of V N d 1 1° ZO Pago 22 MMOULE 2 1, TiEi4 OF INTIOW TO PEIVORM AS AK SI3lFr WBK 6URCONTRACTOR This ttCournent mint be corrlpleted by tha SBE4WME $ltboors4reutor and submhttd wtsh aid packet Specify In detail, the particular worst Itotna to "perforated ant# Oho dollar amount III dfgr pgret stage for each work item. Set credlf udir only ba given far Iterrta AO the 81311-NMR! tWbcarsWtWr are 89B cetttfiad to perforin- FaHuro to property complato Sohadu]a 2 may r"M In your SBI: participation rsutlseing eouritad. PROJECT NUMSM, 131D #S t-073/GC PROJECT NAME; Crowd with to eat Re�ttal of Yvan Contract -ro! D_ S..Eakbs Camtrflctton Corporadon- - (Ncrne of Prima nidler) The undersIgnati is oertttied by Palm Pasch County w a - (ohwk one or mom, as appfiicob%): SMWl OuNness E,ntetprise X . Niirlortty l3UWneS5 EAhq rise X Blsck�,,__tiispanic women _ cauraslan Ottler(PlaaseSpeclfyj tate of Palm 8emb Caunty Cetncation: Datobec i7, 20 i o to Qotober 2$, 201:3 The undemlgnsd is prepares{ to perform the follwAng described wont In connection with tho above project AddAlGrlal Sheeha May Be Used As NeceeRAry Line Item/ Total Price/ Lot No. Itom Descrlptitin MY/uMig Unit Price P8rC40ntaQe D,Rckln g and Hgyi2W nt Rents[ (Rogasr cc.yicm)�xi 151/ ork .i?efforrtted Under Colift t at the Nlowing Price or percentage _$0.00 — (Subcontrattore quota} and velli enter Into a fofMat agreDmerlt Sof Work w11h you wnditloned upbn your vocubon of a contract with Palm Eeach County. Ir undersigned Intendc to sub -subcontract Any pofti" ofthis aubcon!> a to a nor/-cartMod SnE subcontmolor, the amount of any strep subs nlraot must be stated, Price or .p, --- 1'he underdpried Subcanbactor tindermtands that the provision of this form to Prime Otdder doss oat Prevent Subentt"d:or frorn providing quotationS to olhar lalddM. Tru TrQck,� Inc. (Print name oft; !; e; ntrac(or) 5i nature) (Print rlsmeAkle of parcorl exewft on botsott ofSSEWME 5ubconft ctnr) ❑mto, Cd1512011 Page 22 SCHEDULE 2 LETTER OF INTENT TO PERFORM AS AN SBE-INIWBE SUBCONTRACTOR This document must be completed by the SBE-MIWBE Subcontractor and submitted with bid packet. Specify In detail, the particular work items to be performed and the dollar amount and/or percentage for each work Item. SBE credit will only be given for items which the SBE•MIWBE Subcontractor are SBE certified to perform. Fallure to properly complete Schedule 2 may result In your SBE participation not being counted. PROJECT NUMBER: BID # t 1-073/GC PROJECT NAME-. Crews with Equipment, Rental of, Term Contract TO: D. S. Eakins Construction Corporation (Name of Prime Bidder) The undersigned is certified by Palm Beach County as a - (check one or more, as applicable): Small Business Enterprise X Minority Business Enterprise X Black Hispanic X Women Caucasian Other (Please Specify) Dale of Palm Beach County Certification: October 27, 2010 to October 26, 2013 The undersigned is prepared to perform the following described work in connection with the above project. Additional Sheets May Be Used As Necessary Line Item/ Total Pricel Lot No. Item Description Qty/Units Unit Price Percentage Trucking and Equipment Rental (Hauling Services) at 15% of Work Performed Under Contract at the following price or percentage $45.00 (Subcontractor's quote) and will enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach County, If undersigned Intends to sub -subcontract any portion of this subcontract to a non -certified SBE subcontractor, the amount of any such subcontract must be stated. Price or Percentage -0- The undersigned subcontractor understands that the provision of this form to Prime Bidder sloes not prevent Subcontractor from providing quotations to other bidders, Tr❑ Ti -Licking, Iuc. _ (Print name of SBE-M/WBE Subcontractor) By: (Signature) (Print namettitle of person executing on bohalf of SBE-MIWBE Subcontractor) Date: 6/15/2011 m W .j � � W Z U $ # I \ v 0 m a 0 2 6 2 I z 0 2 cr_ 0 / R R Q < q \ u c 4 w ƒ 2 R G w 0 Irf a. / < z e O \ / z / LU 2 E CL C� 0 @ > E m � � U) 0 w 0 � � \Lu �jU)(n � �mm= UJ L. - S IL 03 «) $ E �m22� 2o�-02 \(D § E X0w 0 .Q.c Z 2�ƒU\ ƒ CL 0$22CL $ 41 e 06 °0e o m -le o ,W-- 0 o u o u Ec�R� /t�2) 2 rCOUJ a U) %wLU §in L) Lb Lu \\ � w 2■¥/00 �Rm(n�ko/ 0 CL mta2— ~ 0 �LO)\k� 0mm §a6/� ER-q—C ° 2§» w » c §Crkrtm =neo° �a%2 4. 0 $ \\ 0§k §EEE{- e»0M cl m : kEo W=0 to U) 'a � 0 2 Page 24 SCHEDULE 4 SRE-MIWSE PAYMENT CERTIFICATION Schedule 4 Is to be completed by the SBE-MIWBE subcontractor. The Prime is to submit Schedule 4 with its Monthly Pay Request to Palm Beach County to reflect actual payments made to the SBE-MIWBE Subcontractor. The Prime is not to request signature from SBE-MIWBE Subcontractor unless It has made a payment to the SBE-MIWBE Subcontractor, The SBE-MlWBE Subcontractor Is not to complete and sign unless it has received a payment from the Prime contractor. A separate payment certification Is required for each SBE-MIWBE Subcontractor. This is to certify that SBE or MIWBE Subcontractor received (Monthly) or (Final) payment of on From D. S. Eakins C01IStrlic6011 Corporation for labor and/or materials used on PROJECT NO. (Prime Contractor) PROJECT NAME - SBE OR MIWBE SUBCONTRACTOR: (Company Name) BY: (Signature of Subcontractor) (Print Name & Title of Person executing on behaif Of Contractor) NOTARY I STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of 20_ by Notary Public, State of Florida Print, Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Produced BY: (Print Name & Title of Person Executing on behalf Of Contractor Subcontractor) NOTARY STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of .20— 20—b b Notary Public, State of Florida Print, Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Produced 4DsLEA� 74o:t-CONSTRUCTION CORPORATION HOURLY PROPOSAL To: Village of North Palm Beach Date: 10/7/2014 Attn: Tris Hawthorne Quote Num: 14-5803 Phone: (561) 691-3440 Page: 1 of I Email: thawthomegvillage=nnpb.org Job Location: 824 Shore Drive, North Palm Beach, FL Job Description: Replace approximately +/- 40 LF of 15 Inch RCP with 18" ADS pipe through seawall & connect to existing RCP. Dear Mr. Hawthorne, The following is a quote from D. S. Eakins Construction Corp. for the above referenced project based upon The Palm Beach County Contract #11-073/GC. Item # Description Quantity Unit Price Price Labor & Eauipment Pipe Crew (Up to 36" Diameter) 40.0 Hours @ $285.00 Per Hour $11,400.00 Dewatering 48.0 Hours @ $40.00 Per Hour $1,920.00 Total Labor Estimate = $13,320.00 Material 18" Water Tight Solid HDPE Pipe (ADS) 18" Water Tight Gasket & Bands Concrete Collar Concrete, Brick, Hydro, & Fabric 40.0 LF @ $13.75 Per LF $550.00 1.0 EA @ $95.00 Each $95.00 1.0 EA @ $500.00 Each $500.00 1.0 EA @ $250.00 Each $250.00 Total Material Estimate = $1,395.00 *Does Not Include: Permits, Asbuilts, Fence Removal or Replacement, Damage to Unmarked Private Lines, Sidewalk Repair, Replacement of Hedges/Shrubs or Sod. Respectfully, D. Steven Eakins Vice President D. S. Eakins Construction Total Estimate = $14,715.00 POST OFFICE BOX 530185 LAKE PARK, FLORIDA 33403PHONE: (561) 842-0010 FAX: (561) 842-0009 "Sh,Dr,�Norlh Palm Beach, FL 33408, USA , _`•• .,, ®z ,Esoa ro�� oo9�, GORI le-earfr