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2008-063 Eakins Contract for Earman River Pipeline ReplacementRESOLUTION 2008-63 • 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 THE REPLACEMENT OF THE EARMAN RIVER SUPPLY LINE TO THE COUNTRY CLUB GOLF COURSE IRRIGATION POND AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village wishes to proceed with the replacement of the supply line from the Earman River to the Country Club Golf Course irrigation pond; and WHEREAS, Village Administration recommends that the wntract be awarded to D.S. Eakins Construction Corporation by piggy backing the existing Palm Beach County Contract # 06139B, "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 ofthe 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 the replacement of the Earman River supply line to the Country Club Golf Course irrigation pond and authorizes the Mayor and Village Clerk to execute the contract on behalfofthe Village, a copy ofwhich is attached hereto. Section 3. The cost ofthis contract shall not exceed $168,355.00 and shall be funded utilizing budgeted funds from Account #A7321-66210 (Streets -Construction and Major Renovation). Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 25th DAY OF SEPTEMBER, 2008. (Village Seal) MAYOR ATTEST: ~ ~~o~~ ,~~~_ VILLAGE CLERK AGREEMENT FOR INSTALLATION OF IRRIGATION SUPPLY LINE This Agreement is made as of the day of September, 2008; 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 LD. is 59-1691997. RECITALS WHEREAS, the VILLAGE is in need of a contractor to replace the Earman River supply line to the Country Club golf course irrigation pond; and WHEREAS, Palm Beach County, through its competitive selection process, awarded and renewed County Contract No. 06139B to the CONTRACTOR for the County's annual "Crews with Equipment, Rental of in Palm Beach County" contract; apd WHEREAS, the VILLAGE requested and the CONTRACTOR provided a' proposal for the installation of a irrigation supply line based on pricing under Cuunty Contract No. 06139B; and WHEREAS, the VILLAGE desires to accept CONTRACTOR's proposal by piggy-backing County Contract No. 06139B including all ternrs, condifions and pricing 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. 06139B with the CONTRACTOR, attached hereto as Exhibit "A", is hereby expressly made a part of this Agreement as fully as if set forth at length herein. 3. CONTRACTOR'S Proposal. ffi accordance with the terms and conditions in County Contract No. 06139B, the CONTRACTOR shall provide all goods end services as stated in its proposal to the VILLAGE and the Scope of Work prepared by the VILLAGE. The CONTRACTOR'S proposal is attached hereto as Exhibit "B" and the Scope of Work is attached hereto as Exhibit "C". Both documents are hereby expressly made a part of this Agreement as fully as if set forth at length herein. The goods and services to be provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Agreement 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 Agreement B. Exhibit "A" (County Contract No. 06139B} C. Exhibit "B" (CONTRACTOR'S proposal). D. Exhibit "C" (Scope of Work) 5. Compensation to CONTRACTOR Payments by the VILLAGE to the CONTRACTOR under this Agreement 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 Agreement 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 Agreement. In order for both parties herein to close their books and records, CON'T'RACTOR will clearly state "final invoice" on the CONTRACTOR'S finaUlast 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 Agreement shall be for the term as indicated on the County Contract No. 06139B. 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 Agreement under the same terms and conditions for an additional period of one (1) yeaz. 7. Insurance. CONTRACTOR shall obtain and maintain duzing the term of this Agreement all insurance required under the County Contract No. 06139B with the VILLAGE named as an additional insured. 8. Warranty/Guaranty. Unless a longer period is stated in the County Contract No. 06139B, 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 Agreement shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter. B. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement 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 Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, 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 maybe entitled. D, 1f any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Agreement, 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 Agreement shall be deemed valid and enforceable to the extent permitted by law. E. All notices required in this Agreement shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Agreement. F. The VILLAGE and the CONTRACTOR agree that this Agreement 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 wnditions contained in this Agreement maybe added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. Any provision of this Agreement which is of a continuing nature or imposes an obligation which extends beyond the term of this Agreement shall survive its expiration or earlier termination. ITHE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANKI IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Agreement for Installation of Irrigation Supply Line as of the day and year first above written. D.S. EAHINS CONSTRUCTION CORPORATION By: ~ ,,v~ . Print Name: ._ ~ NQ I I t ~1 Ll~. Position: ~ t C (~ ~lLrS I ~ ~ ~ VILLAGE OF NORTH PALM BEACH B ~~ ~ ~~ Y~ ILLIAM NUEL MAYOR ATTEST: MELISSA TEAL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ~.5~ __ VILLAGE ATTORNEY IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Ageement for Installation. of Irrigation Supply Line as of the day and year first above written. D.S. EAHINS CONSTRUCTION CORPORATION By: /"~ bi Print Name: I N01 ~ 1 nil 111 Position: y 1 L r ~IL~SI n~n/7' VILLAGE OF NORTH PALM BEACH ILLIAM NUEL . MAYOR ATTEST:: . BY: ~~~~ /Q MELISSA TEAL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ~ ~-! - VILLAGE ATTORNEY EXHIBIT °°B" Contractor's proposal AllG-10-2905 16:23 D s EPKIIS 551Ba20009 P.91 POST OFFCE 6qX 530183 LAKE PARK, FLORIDA 33403 '[561)842-0010 T0: Ylhage of NoRh Pala Beach PHONE: 691-3440 FAX: 82&5869 ATTEN: Jorge Santos DATE'. 8.10-06 ESTIMATE #OB-0069 J00 LOCATION: Petica Way 8 Shore Or, Easterly to Golf Cwes JOB DESCRIPTION: Di tlional Bare new 8" irrlgetion line from Pelican. Way to Lake at Golf Course. 1080 F of 8" HDPE - SDR11 Pipe 8 remove exisOng pipe from storm dreln LOCATIONS BY: t-8001432.4770 PIPECREW HRS 120 @ 300:00 $ 36i0D0.00 OEWATER(NG HRS .(a] 40,D0 0.00 TRUCKING HRS 20 ~ T0.00 1,400.00 PIPE-PVCB FITTING! ATER OR SEWER FOOTAGE 120D 24,000.DO PIPE-DIP 8 FITTINGS / ATER OR SEWER FOOTAGE DIRECTIONAL BORE FOOTAGE 1480 101.480.00 C-BASIN E-BP;SIN MANHOLE DEPTH PLOWABLE-FILi AMOUNT CONCRETE PUMP CONGRETE WORK 7,000.00 CONCRETE DRIVE CONCRETE CURB CONCRETE SAW CUT rr00 DO FENCE REPAIR -" ROAD BASE AMOUNT 40 CV 100:00 PAVING Ty E S-3 AMOUNT 5 Ton 375.Oq # 4 stone AMOUNT SOD AMOUNT 4.000 SF 2,000:00 MOT 500,00 TESTING 0.00 .- BRICK -BLOCK - CEME T - HYORO 1,D00.00 TOTAL ESTIMATE $ 168,355.00 ~~ ~OTnL P:01 EXI3IBIT "C" Scone oi'Work • Excavate and expose existing supply line in front of 700 Pelican Road. • Execute directional boring from 700 Pelican Road to swale area to the west of 876 Country Club Drive, traversing under the North Palm Beach Waterway. • Excavate swale from 876 to 860 Country Club Drive. • Excavate easement between 860 and 864 Country Club Drive. • Instal] new 8" pipe in exposed trench. • Connect new pipe to existing supply line in front of 700 pelican Road. • Reinstall shut off valve and flow meter at Country Club supply pond. • Return all landscape to condition prior to the execution of project. • Remove old supply line from drain pipe. ~~~ ~®• JDCORiOQ' Porchaain$ Depertrnear 50 Somb MO!mry'Itail, Sul[e IIO Vhs[ Palm Beach. PL 33415-3199 (56116166800 FA%: (56p blb•bell wvnepbcgov.coMpur~' ^ Wm Beach County aoeN of County CommWl9vere A6die L Greene Chairperson Je0 aoorm vice Cheb Garen T. Marcw (bbert J. aanjlan Mary McCerry sun Aemnwn Jena R Senmmaria Conary admWetretor aabert Wblamen EXI3IBIT "A" June 03, 2008 3dl M. Frkk, Vice President S. Eaklna Constructlon Corporation I Box 530189 ke Park, Florida 33403 ar Vendor: Form L RE: TERM CONTRACT #:081398 i is to Inform you that Palm Beaeh County Board of County Commi991onere Is entering a Term Contrail with your tympany for Craws with EaulamenL Renfal of in Palm ch Coun based on one of the following: RENEWAL CF BID#: 60 139/PR to Include a 3_9% Increase In unk price(s) basetl on term and wndltlon #14. OTHER: PRIMARY Vendor All Lot's term o} this contract Is Avaust 15.2009 through Auauat 14.2009. The estlrrlalad dollar e for all awarded vendore is 5119.000.00.. .. obligations o} Palm Beaeh County under Ihls eontreil are subJeil to the avallabllity of la lawfully appropriated for Ite purpose by the State of Florida and the Board of County Beech County Departments will issue hard copy orders against this contreil asyour ~rizatlon to deliver. All Involves must reference each unique tlocument number. you have any questions, please contact Phil Rldolto. Senior Buver at (5811 818.8823. i M. Seartatt of Purchasing :ratyual0p~rn[vi0' ,{Qr1 nprM AM bn lMpbym' ._ ~pNttWOn meieleEpeper John Brand, Road & Brtdge Roberta Cadagno, Engineering & Publle Works Chuck KeMleld, Airports File ~'D" ~ ~ Form L August 1S, 2008 a • ' DSEA0001 ~ORI~P Clndi M. Frlek, Vice President D. S. Eakins Construction Corporation PO Box 530185 Portkasing Uepananens Lake Park, Florida 33403 50 $ouN Mllirary'Reil. SUi[e 110 Dear Vendor: RE: TERM CONTRACT #:08139 N!a[ Palm Beach. FL J]415-JIB (561)616~fiB00 This is to inform you that Palm Beach County Board of County Commissioners is entering rax: (sell filo-fieu Into a Term Contract with your company for Crews with Ebulbment. Rental of in Palm www.pbcgov.comlpur Beach Counri, based on one of the following: [X] BID (IFB) #: 86.7391PR ^ [ ] RENEWAL OF BIDIRFO #: in accordance with all ortglnal terms, conditions, specifications and prices with no deviation. v.lm ae,nls ceunry I 1 RENEWAL OF BIDIRFQ #: to Include a _h Increase In unit price(s) 9oara or Cennry based on term and condition #_ Commissioner [ ] EXTENSION OF BIDIRFQ #: Tony Ma51oN. chairman Mdie L. Greene, Vice Chaieperson I ] SOLE SOURCE CONTRACT #: Vendor shall noaty Purehealna ~mmedlalaty If the aole aour<o ate[ua ehaneae. Paten T. Marcus . [ ] STATE OF FLORIDA CONTRACT #: 7ett KOOns warten n new•an [X] OTHER: PRIMARY Vendor All Lot's May Mccarty The term of this contreet Is Auoust 15. 2006 through Auoust 14.2007. The estimated dollar value for all awarded vendors is 5425.000.00. Burt Taronson 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. coaary Mmiaistnmr palm Beach County Departments will fsaue hard copyorders against this wnVact as your Ruben weuman authorization f0 deliver. All invoices must reference each unique document number. If yeu have any questions, please contact Phil Ridolfo. Senior Buver at (5811618.8823. Sin rely, 1 ! ` I A ^ Kath een M. Seartett Dire for of Purchasing c: Reid Raymond, Parks & Recreation Steve Strona, Road 8 Bridge Roberta Cartagno, Engineering & Public Works -~, Ey„arapp,mm;y Larry Sehaner, F D & O npfmmmenmon anproyv- Chuck Kenfleld, Airports Vematha Green, Water Utliitles File s~meem naynenpsper ' Board ~`Cpunty Commissioners ~~C County Administrator Ton IN~as'ilotti, Chairman O Y y G~ Robert Weisman AO}lie L. Greene, Vice Chairperson C Karen T. Marcus ~ ~ ~ JeR Koons purchasing Department '!arren H. Newell FCOR79t° .dory McCarty www.pbcgov.com/pur Bun Aaronson BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION BID #06-139/PR CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT BID OPENING DATE: JULY 13. 2006 AT 2:00 P.M. It is the responsibility of the bidder to insure 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. ..all Bid HoOine number 795-8080 (from Palm Beach County), 425-7420 (from Broward County), or 655- 4527 (from Dade County) or tune in to the Education and Government Television Cable Channel for a list of additional advertised "Invitations for Bid" and °Requests for Proposal". The Bid Hotline also provides updates on posted award recommendations. This same information, to include posted award information, is available on our web site www.pbcgov.com/pur. Protests can be accepted only during the five (5) business day posting period. CAUTION Amendments to this Invitation for Bid will be automatically sent only to those vendors who.received this document directly from Palm Beach County Purchasing Department. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid package not purchased directly from Palm Beach County Purchasing Department In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Troll, Suite 110,, West Palm Beach, FL 33415-3199 (561) 618-6800 FAX: (561) 616-8811 Page 2 BOARD OF COUNTY COMMISSIONERS Palm.BeaCh County INVITATION FOR BID BID NO: 06-139/PR BID TITLE: Crews With Equlpment, Rental 01, Term Contract PURCHASING DEPARTMENT CONTACT: Phil Ridolfo, Senior Buyer TELEPHONE NO.: 561416.6823 FAX NO.: 561.242.6723 EMAIL ADDRESS: pridolfo@cD.Dalm-beach.fl.us All bid responses must be received on or before July 13, 2006 ,prior to 2:00 p.m., Palm Beach County local dme, at which gme a0 bids shall be publiGy openetl and read. SUBMIT BID TO: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, Florida 334153199. This Invimtlan for Bid, Genersl Conditons, Ins Wtliona m Bidders, SpeUal Conditions, SlpecificaDons, Attachments, Amendments (d Issued), and/or any other referencetl document roan a part of mis bid solkitabon and response mereto, and by reference are made a part mereof. The seleced awardee shall De bound by ail carom, mndlDOns antl requirements in Ihese documents. PURPOSE AND EFFECT: It is the purpose and intent of His invitation to secure bids for Rem(s) and/or seMces as listed herein. The selected awardee is hereby placed on natke Nat atteptanrs IN Hs bid by Palm Reach County shall constitute a binding mnbaU. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 7. GENERAL INFORMATION Didder and Pall Beach County mr any mans and ~tkna not spedficelry smbd in ma Invimtlm foram. 3imere are aMised That this padage mns9mms 019 complem act of rperlflcatlom, mans, end mndiams wfrlM IOm19 me billing contract letween Palm Beall Cmnry and me sutb~sslul Oidder. Changes m rob 'mtlm for bm may be made 4ay M wntlen amendment issued by me my PurMasmg OeparbnenL aldders are Nrther advisetl m tlosay aanwre every aeWm of coo aoamenl ro ensure mat an sequentlally cambered pages are presen4 and ro ermure tlrat It m Nlry understood. luestlars a requeab far e>mmna0am pr inmryremtlons of rob document oust be auDmitted m me PurMasing peparMenl roofed in in umdent Wre m pemst a wdtlen resPmse arm, H required, will be praWdad ~ all prespectlue Ndders, pdm l0 bid openDg. Oral expWnatlms a uWmorta given by any Carrry agent are not binding and shoum rot be rtelpretBd as altering any provision of mis daament. Bidder certifrea mat u4 Old b made wimout regance m any Orel represenmtlars matla by me oun y. he obrigatlms 01 Palm Beach County under mis awaN era subJeG m me ralmbiliy 01 funds bwlulty apprppnatetl for Ib purpOSe. LEGAL REWIREMENTS COMPLIANCE WITH L WS A CODES: Fmeral, Smm, Count' and bCdl laws, aminanrxs, odes and reBUmtlons that in any manner aHea the imrru mn,red herein appN. Lad pf knowle0ge by me bitlder Shall m m way be a reuse for relict Iron respmsi6Jiry, The suaauful bidder shag strictly comply calm Federal, Smm and IoW Dmmkrp arm safey codas. Equlpment snail meet ah Smm end Federal .. Samy. regulatloro. Bidder cemRes mat aA prpduda (mamnab, equlpmenL Prprsases, a pmar imms supplied m response m MLa Dm) oonlainetl In ks hm mach all O.S.H.A, ANSI, NFPA and all pmar Fedeal all Smm requiremanb. Bidder NMer certHMS mat. H It b me supRasM bi0eer, and th product delFmred Is subsequently fmne Ip be defldml m any d me afaementlOned requuemenb in acted m dam W Oegvery, a0 mob recessary m pang me prmua Into compliance snail m Dome by me bidder. rn mmpllance calm Chapter 442, Frorlda SmWtes, any tack sululance uuNnp Imm rob Dm shaA De aaanpaniee by a propedy mmpmled MamrW Safety parr Sheet (MSOSI. The UnHam Canmerdal Code (Florida Smtutea, Chapmr 672) shag prevail a9 me basis for mnlrocmal oDngaliom Oatwean the suaxssNl D. DISLRIMINATON PROHIBITED: Pahn Beall Cmnty b canmltmd m assWrg equal opparbmly in me swam of mnireds one complies calm eh mwa preNbitlrrg dlsalMnatlm. The suamslul bmder la prehibire0 from dlsaiMnatlng against anY employee, epplipnL or dknt beceuro G race, color, reAgim, disability, sex, age, natlpnal odgm, ancestry, maGal %bbu, a sexual odmmtlm. e. INDEPENDENT CONTRAOTOR P~TONSHIP: The surrPSGuI adder b, and snail De, in me performance of all wok, seMces. and actlNtles under this CmtraG, an Indeperment CAntrector and opt an employee, agent m servant of me COUNTY. All parsons engaged in any of me work a services pertame0 pursuant m rob Cmtrad shag al all tlmes, and in a0 places, D0 sWieM m me auccesantl bidders role directlon, supervblm, arm control. The suecesaNl Oidder Mali exerdse mnbd over pro meam and manner in wniM a arm Im employees pertonn me work, and in atl respects me suuceasNl bmders rem0pnahlp, all the rebtlmshlp a Ib empmyees, m the CAUNTY coati ce Nat of an Imependmt Cmiredm and not as empbyees m agents of ma CAUNrv. d. CRIMINAL HISTORY RECORDS CHECK ORDIN0. C :Pursuant m Oremance 2003.030, ma Pawn Beach Cpunry Criminal Fiiemry RemNs Check Omiwnce ('ONinance~, me COUnry shall camuG flngorpdnt hosed criminal Nstory retard Merles m all pereom not emProysa OY are Cmnry who repair. deliver, or preride goads or SeMOes for, m, a m bMall N me Carry. A 7mgerprln[ baae0 mMnal hbtory remm Mad anon De conducted m aA emproyeee and suDmntractore al vendors. Inaudirg repay persons and daNery Perrone, woo are unesarted when enmtlrg a mdRy datemnned m be altlcal m me pudk se/et' arm seardh of me County. COUny farAitlea mat require Ws negmm~ad level d eemdy are Idmtlfle0 m Readuaon R-2003-1274, as may he amended The bidder b octet' responslae ror urmersmnding Me flrmnaal, aMedule. all surfing hnpliWtiona of rob Ordinance. Further, dre adder ednovnetlpea mat ib Dm pdca Indudas any and all direct ar In0'aea mats assodamd calm mmplmnm of mis OrdinanG!, except for me applimble FDLE/FBI taco That shall DB parr by me Crony. a. PUBLIC ENTITY CRIMES: F.S. 297.733 requires Pabn Beall County m root' an DmOers pf me fdlowing:'A parsm a afilbm woo has Dean plarad m me moulded vendor list fdlowing a amNMm tar a publk Page 3 • mary Wme may not submit a bid m a contras wIM a PuOlic entry for ale nAM1tWdgn Or repair of a pu011c building or public work, may rot submit bids pn leaves of real progeny lb a pubne entlry, may not ba awarded ar pedorm work as a mntractw, supplier, su0mntreaor, or cOnsulpnt antler a mntred will any Wblit entity, and may ml Verged business with any public entry in excess of Me Mreshold ammnt providM in F.S. 287.0171w CATEGORY TWO for a period of 36 monMS hero the date W being placed m the convicted vendor lis~~ f. NONCOLLUSION: Bld0er ceNfies Nat it has entered Into no agreement m mmnsl a haudulenL tleceitlul, unlawhd, w wrongful act, ar any act xfiitli may recall In unhir adwnpge for One w more bidders over oNer bidders. CoiiNdim for NB COmmi551on of any fiaW w as of cdWsim In mnnr!cgon will any gale, bIQ Omptbn, proposal w ptlier ad Indtlmt p ddrg business will Palm Beadi County maY result in Pempnm[ de0artnenL No premiums, rebatss or greWlUes are permitted; eimer with, pdar m a agar any delivery of material w provlskm of ceMces. Any soar Nobfim may Ieaull In swam cencellatim, realm of materials, disconfinuatlon d wMces, removal hero Me venOw DM list(s), aM/w oeoarmenl w suspension horn ddng business wiN Palm Begat Cmnry. g. LOBBYING: Bidders are advised Mal Me -Pall Beach County La00ybt ReglsbaUm Odinance' proniDib a ol0der w anyone representing Me Di000r hero canmixuceting will anY County Commissbner, Caunry Canmissipner's slaA, w any employee autlioriza0 to as m benalf of Ina Cammbslon m exam a partialar cmhaa regaining ib Nd, i.e., a -Cone d Silence'. Tne'COne of Silence' b in efled hen the date/lima Of Ina deadline tar submissim W Me bitl, all trminates at the Ume drat Me Bmm 01 County Cwhmisshuprs, or a County Departrnmt autnorized to ad on Nair behalf, awads w aDProves a mntra0. reJeas a0 bids, or OMemise tikes action whitlr arms Me sdidttlon process. Bidders may, however, mntaa arty Caunry Commissioner, County CommiasiorieYS stA, w any emplvyae auUionzed to act on behaA v( tlp Commission p swam a partlmlar mntrea, Na wntlen canmuNcetlan I.e., fatsimtle, email w U.S. mall. Yidatlons of Me "Cane d Snence' era Wnisnable by a fine o/ 5360.00 per violation, b. CONFLICT OFINTEREST: All NOOers shall Oisdasa vAN Meir bid Me name of any officer, duedw, w agent who Is also en employee w a relative of an employee of Palm Beach Cmnry. Fuller, ail Diddere shall dlaaose Ma name of any County employee w relative of a Cmnry employee who owns, drecuy w indirectly, an interest of tin percent w more In Ma bid0efs firm w any of ifs brandies. L BDDGESSDRB AND ASSIGNS: The Cmnry and Me successfW bidder each oin0s ibeA and ib wecessore and asaigro to Me other gam/ in respea b an proNslam pf Mis Contract NeiMer Me County nor Ina wccesaful Ndtlw Shag assign, su0let. convey w trensfer its inbrast in Mb Cantraet wlMaul are prior written consent pl Me pMer. I. INOEMNIFICATOM Ragamless al gp mw2ga pravitletl pt' any ireursnce, are wcceasNl Okider shell in0emniry, saw harmless arp defend Ma County, ib agent, servants, w employees horn and.. against any all as tlaMS. IWNnry, gases anNw causes of actlwl wNm may arise hem any negligent ad w omissim o/ the auccesshd balder, Its auomntredws, agents, servant or employees tlunnp Me ceurse of performing services w caused by Me goods prpvitled Wnuant b tlpse Did do0rmenb and/or rewltaM mntracL L P BLI - RE DROQ; Any maerial submitted in response to Mis Invftatlpn for DW b mnsideretl a Wbllc tlaamml in aemmance will Sedbn 119.07, F.S. Thb intludes material xDitl1 the respan0inp bidder might consider b be cmflcentlal w a halo sewer Any tlalm of mfl0mUelity b waivW uDm submission, eAecfiw after opening .+ursuant m Sectlm 119.07, F.S. L I~CDRPDRATION PRECEDENCE JURL4DICTON: Thb InNtatlon for Bd shall De intlutled and inmryprepd In Ma final swam. The order of cmtraclual precetlence snail ce Me bid document (original teems and mnditlwp). oid respwpe, end purdiase omer or Mrm mntracl omer. Any and all legal action necessary to enforce Me awartl or the resulpnt mntraa shall be h¢b in Palm BearJt Cmnry and the cantradual obligatlore anal) be interyreted aeoprding m NB pws Of Florida. m. LEGAL E%PENSES: Tha Caunry shall not De liable 10 a bidder for any legal fees, man rose, w omer legal expenses arising from tlp interprettion Or enforcement of Mb mntrad, or horn any omer matter generepo Dy Or relagng t Mis mntracL 3. BID SUBMISSION SUBMISSION OF RESPONSES: All Did responses must be aubmlAed on the provided Invitation for Bid "Response' Fonn. Bb respmses M vends ptterhead/Qu0tatlm tamp snail rot ce amepte0. ResDOruas moat be typewritten or written in Ink,- and must be signed m ink by an agent of me mmpany hating auManry b bind Me company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE UIDICATEO PLACES SNALL BE CAUSE FOR REJECTION OF THE 81D. Bid responses are to be submitted M Me Palm Beast COUnry Purtliasing DepammeN rip later Man are time intlicep0 on Me soiidttlm preamda, and must ce submith0 in a sealed enwbpe w mnpiner, wliidi shmltl have Ure enrdosed atldress heel aBued and Dearing Ma Did number. CERTIFICATIONS LN:ENSE9 AND PERMRS: Unless otherwise dnecled m wRpare9reDh d. (LOceI Prdarerice) w Me Sperdal Cmditlans of Mis Did, bidder slwultl intlude will its Did a copy o1 all applicebla CerUflntq of Competnry Issued by Me State of Floritla w Me Palm Beadi County Construction Indusby L'mensing Roam N Me name of Me bidder shown on ale bl0 response page. It shall also Da Me IBSWnsl0iliry of Me successNl bidder to wDmit prior to commencement of work, a currant Ocmpatimal license for Palm Beach County and all permit requhed t0 canplet MIS cantraulal seMce et no addi6mal msl m Pall Beach County. A Pahn Beall County OmuDatlonai Ilcerpe b repuued wless spe0ficelly exempted by law. In Ibu of a Pall Beatlt Cmnry ocplpaawW IiONise, th bidder should intlude Me amenl omupaUwpl firsrrse Lasued b tip bdder in the response. it b Me respmsldgry pf Me wmpsful bitl0er m ensure Mat all reRrrired certificetloro, licenses all prmnlb are maintained in farce and accent Mraughmt the term o/ Me mnuact Fanure t meet Mls reguiremenl mall be mnsideretl default or mntraa. e. SBE BID DOCUMENT LANGUAGE Aem 7 • Polley It b Me pdiry of tlro Boam of Count' Commissioners of Palm Begat COUnry, Fbrta, apt GBE(s) have me maximum practlcel oDPOrtuniry to panidpare in Me cpmpentlw process d SuppMng goods erM seMCes b Me Cwnry. To Nat aria, Ma Spam of County Commbsionerg rrspbfisne0 Odinance No. 2002-064, wNCh aeb torts Ilre Count's reouiremenb Mr Me SBE program, and are inmrpore[ed in Nis sditlpUOn. Complbnce will Me reQuiremenb mntainatl In Mis secgan snatl result in a bitltler being tlaemetl responsive to SBE reQUiremenb. The provbims W Mb Ordinance are applice0le tp Mis sdidfatlon, and shall nova premUence Aver Die Provisions of Mp sdidpUan In Ma swot at a mnflid. AIMOU9h pretrence5 wM nut De ertlanded W certlfied MAYBES, unless palerxtse pmNded W law, businesses eligible for cerfificetlm as an MAYBE are encouraged to mainpin Melr ceNflcetbn in amw to assist in Me haddnp of MMyBE availability arm awards of mntraas to MhYBES. TNS.informatlm is viol m detartnining wlceMar ram and gender neutral proprems asset MNJBE gyms or wipMar rece and gentler prebrences are necessary In omer W address any mnanwd dbcnminatlan In Me market It I.6BEG i Tha Cpunry has espMistied a ntlnimum goal of 75% SBE partldpation far ag Count' sdiGpgms. This goal b a minimum, arts no rounding Snell Oe accepte0. Page 4 Item 7 -Ranking o(Rasoonaive Bidden: Bidders who meet the BBE goal shag Da deertled to be responsive m me SBE requirement When evalua0ng mmpetlflve bitls of up tome migion dogars (51,000.000) in which me apparent low bidder t damrmined m Da nen•responsive m me SBE requiremen4 the ranbacl anal) be awarded t0 me low DlEder responsive to dre SSE requirement, w, in the event mere are rip bidders reslsmsive b me SBE requirement m the dtltler wim me greatest SBE partldpagon in ezcesa d seven percent (7%) partltlpatlm, as long as me bia does not exceed me low bid amount by Im percent (10%). In rases where me low Oitl ezceeds me mitlim tldhrs (51,000,000). the rxnbad snail Da awarded tome low bidder responsive m Ne SBE requirement, w, in me event mere are m Ndtlem responsive m me SBE requirement, m th Didtler wim me greatest SBE paAicipatlm In excess d seven peront n%)~ parfidpaOm, provided mat sum btl does not exceed me mw Did dheN4se realronsfva m me Die requirement by more man me rimmed mouaand ddhrs (5100,000) plus mre0 percent (3%) of Me robl bi0 in excess d one mitlim tlelhrs (51.000.000). 6.4 The County Or Prime may oounl trnrdA it SRE gml a pwtlm d me mint dollar value of a mntrad w1m a )olnl vanmre, efigi0le under the standards ior, mrafiragon, equal to me percenmge d the ownership antl control d me SBE partner M mejoint venture. 6.6 The County w Prime may moot toward it SBE goal th enure ezpentlimres for materhh and equipment purmasad by an SBE summtracmr, provided that me BBE suDcontrador has ma respondbilly fro me Instllatlon of me purchased materials antl equipmml 6.6 The Caunry w Prime may moot me entire ezpendimre m an SBE manuhdurer (.e., a wppltr That produces goods horn raw materials w wbstntlalty attars me goons belore resale). 67 Tha Cmnry w Prima may moot sort' percent (60%) of It expenditure m SBE suppliers mat are trot manuladurers. 6.8 Tha Cmmty a Pdma may moot mware it SBE goal second and miro Oared SBE submntradors, prpNdetl mat me Puma iden6fias me SBE suDedntrddors ss semrM and mim tler outs in Moir bitl wbmiral. Kem a • Bld Submhslbn Doeumerdallen SBE bidden. OmdMg ss ptlme mntradbre, are advise0 mat Mey must complet Smeede 1 Iteng me werk m be peAOrmed DY their cwn workforce as well as me wgrk m be performed Dy any SBE w MhVBE aubcmbadw. Failure m IntlWe cot Mlwmauon m Smmat 1 will result In th partltlpatlon by me SBE pride dd0ers own workforce NOT being counted bwards meetlrg me SBE goal. Tht requrement apples even if me SBE mnbadw InteMS b peAOrtn 10096 of me wok wim urelr own wwkmrm. Bidders are required to suhmtt wim melt do th appropAate SBE•kOWBE amedules In Omer to be tleemetl reaponsve m ma SBE requirement. SBE-MOWBE tlooanemaum m De submited t as tdlaws: Schedule 1 - Ltl of Promsad SBE and MAYBE Pdma Subwmreetore This list obeli mntin me names d all SBE and tdyWBE wDmntradors mleMed m be used M pedornance d the mmred. N awarded. The type of work m Da peAamreO M gam submntraclw and me tldlar rams w percentge sha0 oho Da spedfied. Tht smedule snatl oho be usetl N an BBE pr(me bidder Is utllMng ANY subconsaclws. Sehedulelel 2 • LaMerfsl d Intel ro Padonn as an SBE or MAYBE 9ubedntrador One Smeeule 2 fro gam SBE and MAVBESubmntracmr R41etl m Smaduh 1 aha0 oe mmphled and ezeated by Me proposed SBE and MAYBE SUbmntredw. Addtlonal mpiea may be made as needed. It 6•SBEC m0 tl Only Nose finny certlAe0 by PaM Beam Cmnry at me Ume al bid opening shall Da mooted toward me estbGShetl SBE gosh. Upm receipt d a mmplefe applicetmn, R TAKES UP TO SU(TY (60) GAYS TO BECOME CERTIFlEO A9 AN 9BE WITN PALM BEACH COUNTY. II h me responsldpry d me ddtler b confirm me ceruflm6on d any proposed SBE: merefpre, II b remmmendae mat bidtlere td~d ma OSBA aI(561)616-68dO mveA(y ceniflption, "' Kam 8- C di SBE P m l tlo f d MN/B P rtid ti Ipr Trackl P 1 B.t Once a flrtn t tletmuned m be an eggmt SBE aemroing to me Pant Beam Crony rertlfigOon procedures, Me County w me Rime may moot toward it SBE goat mty mat polUm pf Me mbl tlalhr rams of a mnbad peAOrmad Dy me SBE. 6.2 Tne mhl tldbr value of a cmtrec[ wIM an eligible 58E may m oounmM toware me goal. ' 8.7 Tne Count' may count toward As SBE goat me total valued a mntrad aw4nled m en efipibt .BBE flrm'uut suDSequently t demrufiad or whore cemflcaOm has e>mired after a mntraet aware dot or during me perlarmawa of me mntred. Item 7 • ResomalDllitie9 ARer Contred Award All Oimere hereby eswre that may snag meet ma SBE par5dpatlm percenhges aubmltted in Urelr respemve bids wsm ere wbcgntradors mnmMed m Smetlules 7 8 2 and at Ma tldlar values apedAetl. Bmdere agree m provitle any addigonal inhamatlm requested by Me County m wbstanlbt partldpatlm. The successml bmdw snag submit an SBE-MNJBE Actlviry form (Smeduh 3) eM BBE-MAYBE Payment Cenifi®um Froths (Bmedde d) wlm gain payment appliptlm. Failure m Drovme mesa forrrfe may result in a delay M processing payment w tlL9aDDro dl of ma Mwim unm Ney are wbmiKed. Tne SBE-MAYBE Adiviry Porn t m be fl0etl out by Me Pdme Contador eM me SBE•MM'BE Payment CemAceum Fpmu are b be ezeartd by me SBE w MM/BE loin b verify receipt d payment Item S • SEE SrmaBNtlwu APoer mntrad awaN, me 9UmlS.SM bidder shall my be pennitled m repace a eertiAed SBE wDmntradw who Is unvnlgng w unable ro perform. Sum SuDSUmtlm must be tlme Wm gtlrer certified SBEs in weer m mainmM me SBE percenhges wbmitled wim me OIO. Request for sumtlmtlans must ire submitted m me Depamnent Iswlnp th bid and ma OSBA. Nate: Where (here t a mnflid between me Local Prehrence OMnanm and Na SBE OnllnarKe, me SBE Onllnance shall prevail. FOCAL PREFERENCE: In amoroanm v4M me Palm Beam County Local Prefemnce OIdlllanm, a prererenm wAl m given m bidders who have a pemanmt plain d badness In Palm Beam County am who hdtl a vagd omupagonal license issued by me County Mat eummres the bidder m provi0e ma goods w services m m purduue0. Local pralerence meam mat K Me lowest respanvva, responsible D'Mdw t a regional w ndNOml Ousiness, men au bids received Irwn responsive, resppnsi0ki Iaml bkldars are derueasW OY 5%. The aAgirW dd amount t rid Ulengetl; me 6% decease b celamted enly forme puryoses d tletermMUg taint preference. To recene a kxal pre/erence, a bMdw must hate a permanent pain pf business m erdstnce ~ W are CounNs Iswance d cot Notlce of SdidttloMnNtam ku Bb. Prior ro tlm Counrys hsuanm means the date mat me Noam d SditlbtlaMnvihtlon (w Bb was advaAlsed M me Palm Beam Pmt A permanent ohm o/ busimss means tlud ma bidders headquaders is loceted In Pahn Beam County, w, Ma bidder has a permanent olfim w Omer site in PaM Beam Camry where me bmdu wgl protluce a substnual pomon d me going w services m be purmase0. A vafid acapatlmal Iloense issued by Me Palm Beam County Tav Cmedw shop ba used m vargy slat the ddder had a pannanent pain d business prtr m me Issuance of cot Ndice of SWtlhtloMnvaatlm for Bid. A Pant Beam Cmqry Ocmpaumel license t reodretl unless spatlfiratly exemptd `try hw. In Iiw of a Palm Beam Count' occupatlmal grense, tlce Uidtler shall intlude are anent w.cupaumal tlcense taued m the bitl0er M me response. Phase rrota met Vre bid submitted b Palm Beata Count' must be from an atldress lacatetl ~~ Pelm Beach Ccunty In Diner for boat prelerenca b apply. The bidder must subnil NB atlaWetl 'CerUficeUOn of Business Lacadon" Starts wiN a copy o/ Ne biddefs gwlpatlanal license at the rime al bid submission. Failure b submit Nis inlombaon shall cause me bitltler b nyj receive a local preference. Palm Beaty Count' may inquire a bitltler b provide atldltlonal blormaeon Ica clanficetiw purposes at any Ume pow b Na award of Ne centred. e. DRUG FREE WORKPLACE CERTIFICATION: In cwnpliance wiN FMdda StaWte (Section 287.087) atlaWetl farm'Drug-Fine Wwkplaw CerlificeUOn'shouN be bM eseatee aM submitted wiN Dla response b order b pe censmeretl for a preference wTenaver tvva (2) w more bids wfiiW are equal wIN respect to Drtce, quality, and seMce are received by Palm Beach County. f. CONDRIONED OFFERS: Bidders ere ceutloned Nat any cendiaan, qualmaem, provision, M comment In Neir bin, or in other carespormence transMlted wiN Nelr bid, which m any way mpdiHes, Ukes exceptlon b, or is mmrsistent wiN Ure apedfidtlons, requiremend, w any al Ne temw, cenditlons, w proWions of Nis sdidmtlm, IS sumdent cause for Ne rejecUan of Neir bb as non- responsNa. g. PRICING: (1) Prices offered must ba me pace for now merchandhe antl Dee from delea Unless spedflcally requested in Ne bitl speeRCaUans, arty bitls rprHaining modifying or escalation tlauses sha0 Da rejected. (2) Bidder vrdmants by virtue of bidding Nal prices shall remain firm for a period al ninety (90) days hom the date of Did opening or Omar tlrrre staled in spedal cenditlons. W) In Ne avant of maNemaUCal enw(a). me unit pace snail prevail and Ne blddefs total pRer shall Da ceneUed acmmingty. BIDS HAVING ERASURES OR CORRECTIONS NUST BE INffIALED IN INK BY THE BIDDER PRIOR TO BID OPENING. IF THE CORRECTION IB NOT PROPERLY INTDALED, OR IF THE INTENT OR LEGIBILITY OF THE CORRECTION IS NOT CLEAR, THE BID SHALL BE REJECTED. N) Bltlders may offer a cash dbcpunt for prompt payment. Mowevror, sold tlieceunb shall not Da censmered in detemm~irg Ue lowest net cest !pr bid evalua0on purposes unless otherwise spedfied In Ne spatlal cenditlons. BlAders should refteU any dlsownls b he consitlered in the unit paces Om. n. SUBMITTING NO BID NO CHARGE: Bidders not wishing b bid on same dams sought by Nis sditltatlon should maM Vbse iterre az'no ofd' If some Items are b be offered at no Wargo, bidtlere should mark mote items az'no Wargo.' Items left bWnk shall De censbered a •ra bb• fw Hal Item, and me bid snail be avaluared aecem'ugty. Bidders wnp rip not wisp b submit Nds on arty Item In Nis sdltltatbn, shouts reban a'Slatemenl of Na Bltl' in an envelope plainly marked wtm me bid numDw antl marketl'NO BID.' L ACCEPTAN[cmc ar+~~~ OF BIDS; Palm Beata Count' reserves Ne n9ht b accept w b reject any w all Dicta. Pats Beata County also reserves th dgM b (11 waive any non•suDStanNre irtegulantles and tedWCaliees; (2) reject Ne NO of any binder wM has previously kid, in Ne proper perfonnarrce d a WntraU U a~skniMr nabre. who has . Dean suspended w debartetl by anpmer gavemmental entlry, w wfw U not N a posiUOn b parfaml property oMer Nis award: and (J) kuped atl fatllitlea m bidders In Amer b make a determinatlon az b its aNGry b perform. Palm Beata County reserves Ne dpht b reject any alter w bid it Ure Pnaa lw any line Items w.subline Ikons are mabnalN unbalanced. An alter k maledalty unbalanced H it b maNemaBeally unbaWrlced, art' II mere s reason b believe mat Ne aHer wcela D91 recall M the sast ovardll cost m Ns CowN. even Neugh ft k Ne kwast , aNaled oRer. An offer is matpematlplty unbalanced fl it k based on prices whkA are algnifitantly less man fair market prce br sdna bb Una Item pgQ signMranM greater man fair market prbe Ica Omer hid Una Items, Fair market price shall pe de[emUned based on industry.:. . atandama, compareWe bids ar oflas, asistlng contracts, w other means of eslabtlahinp a mope of current prices la whlW Ne line Items Page 5 may oe obtained in Ne market place. Tne tletannlnaUOn o/ whaNer a paniw'ar oMer w bitl Is matenalty unbalanced shall be matle In canting by me Purchasing Director, dung Ne basis iw Ne detertninaUOn. j. NON-EXCLUSIVE: The County reserves Ne right to acquire some or all df Ness goods and seMCes Nraugn a Stale al Fonda contreU under the proNaipns of SecUOn 287D42. Flwitla SMlutss, groomed the Sidle pl Florida Conf2d Wlers 8 kwar price br Na Same golds and seMces. This reservaUan applies both b Ne initial Swam of Nis wllWatlon and b acquLa0on aRer a term cen1reW may De awaroed. Addilbnalty, PaM Beach Caunry reserves Hre dgM b Swam Diner centrdds (pr gpads and seMres fatling Whin tl1e soopa of Nis sdidtaaon arm resultant contraU when Ne spedfiptlons tliXer (rwn mis sdldtaUon or resultant oa16aU, pr fw goods and seMces spedfle0 in Nis solidlatlan when Ne scope wDS6nlially diners howl Nis sdidtatlon w resultant contract k OFFER EXTENDED TO OTHER GOVERNMENT ENTTE PaM Beach County encourages and agrees to th succeiSlyl bidder exlaMirg Na prfdng, terms and cendifians U NLS s01dtaUon pr resWmnt centrod b oMer governmental enaees at Ne disGetlon of Ne suCesslUl bitltler. I. PERFORMANCE GURING ENER EN[Y: By wbmiltlng a Did, bidder agrees antl promlaes Nat, dodos and after a public emergenry, disaster, humcana. Hand, or ads of Gad, Palm Bead) County shoo oe given 'Yirsl goody for all 9oom and aeMnra oMer Nis centracL Bidder agrees m provide all goods and seMces to Palm Beata County doors and after Ne emergenry/aLSaster at Ne lemu, centliUorts and prces as provided in NU sditltetlon, antl wim a pnonry above, a preference over, Sales b Ne private seUw. BMder shell furnish a 24• hour plbne number to Ne County In Na event U sold an emergenry. Failure b provide me stamtl prbdy/prererence dudrg aM Sher an emergenry/tlisasler shall cprtgaprb presto or contract and make Ne bidder subject b sanctions hen further Wsiness wiN Ule Count'. 0. BW OPENINGIAWARD OF BID OBSERVING THE PURL D BID OPENING TIME: The publiahad bid opening ihrre shall be serupulauslY observed. Il is Hie 8da reeponslDlUry pt Ne bidder b ensure Nal their bb arnvas m Ne PurcAssing DeDartrnent pnpr b Ne publisnetl pitl opening Ume. Any Did aetlywed attar Na prsaae tlme m old opining snap not be censbereq antl shall ba rebmed b the bitltler unopened II Ndder iaenUAratlon B possible vdtlbut opening. Bld I9aponses by telephone, telegram, w fd¢iMle shall not DB accepted. Binders shall not be allpwud b modiy Nair bids Slier Ne pubtlslced Om opening b'me. ~TiNG OF AWARD RECOMMENDATION: Recemmelgetl avrams shall be puDlitly posted for review, at Na PurWasmg Department prior b final aPDroval, and shatl remain posletl for a period o111ve (5) business days. Bidders tlesidrg a cePY of Ne' Nd Postlng summary may request same Dy enUOSing a semaatlressed, atampad envebpa wiN Nelr bid. (NOTE: As a SeMce b bitltlem, Ne County Vrovides an unoMdal Ikt d Swam postings on our wep Site al wvrx pbceov mm/ antl on our bid hgUlne, telephone 561-795- 8060. These Iistlngs am uptlated weekty, rromlaM on Friday. II any discteperxy Oetween tlw.sa USWips and Na aMdal pmtlrg in Na PurWasing OeDarMen4 Ne latter shall prevallJ G PROTEST PROCEDLR_: Protest prow:durea are provded in Ne Palm Beach County Purrdlasing'Cdae. ~~Prebsts mull ire In wrfting, ... addressetl b Ne Direcw M PurWasing. bentlfy mq solidWtlon, spadty th Oasis tar Na protasL and ba reoaNed by Ne Purchasing OaPrldmenl wiWn Hoe 15) Wdness days or Ne pastlrg tlate of th recommended Swam. The Poteat V considered Rea when IL Is recelvea by tlfe PurWazirg DepaNnenL Failure b Re prob;t as outlined in Ure PaM Beata County PurWasing Cone shall mnsatuta a waiver of proceedings uMar ma referenm0 County Cone, 5. CONTRACT ADMINISTRATION a., OELNERY gND.ACCEPT NCE: Detlvarieg ol'atl Wuaz'ahall be '~ - moos as soon as posside. OelNertes resulting hom into tib era to ce matle Eudng Ne normal wOrktrg Iroure W Na County. nine is of Ne essence aM tlelivery dates must De met. $houltl Ne suucess(ul Oidder hall to tlelFrer on w before Uuf stated Dates, ma Count' reservaz Ne right b CANCEL the order w cenDaU arm make Ne purWase Page 6 . elsewhere. The SucxssNl bidtler sha4 De reslxlrL4ible for maklrg any and all claims against roofers for missing or damaged itertd. Depvered items shall not De oansNered'acwpbd' until an auNwimd agent M Palm Beach Cpunry nq, by igpeWOn ar tql of such items, datennined Nat Ney appear b Mty comply vxth speaflwUOru. The Bwrd of County Commissiwers may realm, al the expense a Ure successful bidder arM for tiff wetlll, any item(s) receivetl whitll Iaii to meet Ne Count's spedfiraaoq w pedormanw sbMards. h. FEDERAL AND STATE TAX: Palm Beata Cwnry is exempt hors Federel an0 Stab bxq. The auNOraed agent for PurMasing shall previda an exemptbn cemtlceb b the successful hidtler, upon repugG Suceessful bidders are na ezempled frwn payNg Salq tax b Ne'u wppaere far matanab b MINI Conb'acNal oblipapons rxN Na County, rror are suaesslW Ndwrs auNOrized b use Ne Count's Tax Exemption Number b searing such materiab. e. P']rjAENT: Payment Shall ce made by Ne Count' after CwlmOdltl09heMCq have peen rewHed accepted and preperly imr0iced 89 indkalq in Na conhatl snow rider. Invpiws mesl pqr Ne drtlw pumper. The Flotltla Prompt Payment Atl b apptiwwa t0 Nis saitlbtlan. d. CHANGES: The Director a PurrNging, Palm Beatlt Cwnry, pt' antlers nodflwtlw b the suos59M Diddw may make minor dWngq b th wnbaa terms. kflmr oranges are defined as modiflwflwa vddch do not sigafiwntly albr Ne scope, nabre, w poor a Ne speafled Boods w seMOq. Typical minor changes inUke, but are not IMibd b, plow of delivery, meNOtl a shipment, mlrmr revblans m asbmized work spedflca6oq, antl adminisbatlon of Ne wntracl The 9ucces9N1 wddw shall na amend any prevlsipn of Ne wnbatl vANwt vrdden noafiwtbn b Na Diretlor a Purchasing, aM written acwDlanw (cars th Director of Purchasln9 w Ne Board a County Cammbshners. x DEFAULT: The County may, by wdden notlce of Oehuil N the wowsslul hldder, terminab Ne mntratl m whole or In pan X Ne~ suoCAA9ful hldder bib b satlsfaaanry.penwn any previsiws a tltis sditltatldn w resWtanl contact. w bib b make pregress sp as m endanger penomunw undw the lemu aM wrWitlons a Nb saltlbtlon w resultant wnpaq aril tlaes not remetly oust failure witltln a penpd a 1g days Iw such pano0 as Ne Director a Purrhesing may authMZa In vrrllMg) after receipt from the Director of Purchasing specifying such failure. In Ufa event Ne County temdnabs Nis wnbatl N wfiole w in part because a default pf Ne successful bltlder, Ne Corny may precure goods and/or seMces skMar b Nwe Inmlwted, aM Ne suceawNl hldder shall Da Ilable .. for any ezcess omb irrcumed tlue b Nis aWw. II h b detennlne0 Thal Ne wccgsful balder was nor in deault or Nat the defaut wag excusable (e.g., (stare tlue b wasp peywd Na eOnUa a, or wdNOW Ne fault w wglipgw a(, Ne wwx!glul biddw). Na rights and abyigatlow of Ne pomp ghall w Nose proNdetl in Seww 5f. Terminatlw tw CAnvenienw.' TERMINATION FOR CONVENIENCE: The Director of Puralgirlg way, whenever Ne interest of th County so recuire, terminate the wntratl, in whaa or In pan, for are cwvenience pf Ne Canty. The Director a Puralging dull plus fora (s) days poor wnben nodes of brminauon b Ne suaegNl bidder, apeafylrg Ne porflwtn of the .. _ wnbatl m be lerminabtl aM when Ne temdnatlw b'to Oeeorru - " ' afreaive. N only pwtloq a Ne opnbad are teiininated, Ne auccessul bidder has pre right m wiNtlrew, rNNwt adverse actlan, from Ne entlre anpact Unleq duetted tliRerenity in Ne notlce pl bmdnalidn, Ne wcwssM ~ ~ ~~ Diddw shall Inwr m Nrthw obligatlona in congWOn. wIN Ne ' bmlinated work, aM shall stop Work b Ne extent speafied aM on Ne ,/ date given N Ne nWw a termination. Adtlltlonalry, unless diretled dlXarently, Ne woressM bidder shall terminate aubbnding orders M/w supwntraas rebb0 to Ne Terminated work. THIS IS THE ENC OF'GENERAL CONORIONS.' 1 Page 7 SPECIAL CONDITIONS 6. GENERALISPECIAL CONDITION PRECEDENCE .., the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall -have precedence. 7. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualifed to provide the goods andlor service specified. The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance rewrd. Such information may Include an adequate financial statement of resources, the ability to comply with required ar proposed delivery or performance schedule, a satisfactory rewrd of integrity and business ethics, the necessary organization, expectance, accounbng antl operation controls, and technical skills, and be otherwise qualRed and eligible to receive an award under applicable laws and regulations. The bidder shoultl submit Ne 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 (normalcy within two working days of request). Failure of a bidder to provide the required information within the specked time frame is wnsidered sufficient cause for rejection of their bid. Informa0on submitted with a previous bid shall not satisfy this provision. A. List a minimum of three 3 references in which similar goods andlor services have been provided within the past two 2 years inducting swpe of work, wntaet names, addresses, telephone numbers and dates of service. 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 Ilst persons who are unable to answer specific questions regarding the requirement. B. Provide a list of equipment available to do the work, inducting year, make, model, miles, size, and quantity of each. 8. AWARD PLOT-BY-LOT Palm Beach County shall award Ibis bid to the lowest, responsive, responsible 6ldder on a lot-by-lot basis. The County reserves the dght to reject bids which would result in an awartl which is finandally disadvantageous to the County. An award may be wnsidered financially disadvantageous when It would result in an award to a bidder for less Nan $1,000, or when it would result in awards of multiple small fragments. This policy is predicated on avoidance of increased administrative vests and operational wmplexity. 9. PRIMARY AND SECONDARY DESIGNATION Palm Beach County reserves the ctght to make multiple awaMS (or mis solicitation. In the event that this right is exerdse0. 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 peROrtn. The secondary awardee shall 6e wntaded only after the primary awardee has refused to pertartn. The primary awardee rs expected to perform all work offered to them, unless they are unable to perform it for lack of resources or technicel ability. The primary awardee may be found in default of this contract if it dedines more than tOX of the ofteretl work, or if Itestabllstles a pattern of accepting~only tha more desireble work and detaining the less desirable work. ~ -~ 70. METHOD OF ORDERING !TERM CONTRALTI .. A wntred shall be issued for a term of twelve !121 months or until the estimated amount is expended, at the discretion of the County. The County will order on an'as needed- basis. 11. F.0.8. POINT F.O.B. point shall be destinatien..Exacf delivery point will be Indlcetetl on the purchase order or term wnNad delivery oMer (DO). BId responses showing other than F.O.B. destination shall be-.rejected. Bidder retains ti0e and assumes an transportation charges, responsibility, liability and risk in transit, and snarl 6e fesponsible for the filing of claims for Toss or damages PageB 12: RESPONSE TIME TO SRE Crews with equipment shall be required on site within `O) unless a mod'rfied delivery date has been request ..apartment or the designated County representative. hours aker receipt of term cpntracl delivery order I bidder and approved in writing by Ne Purchasing 13. The anticipated term~of the contract to tie awartled es a result of this bid is for twelve 12 months. The anticipated value during the centred term is $300ioo0. Palm Beach County reserves the right to Increase or decrease the anticipatetl 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. 14. RENEWAL OPTION WITH ESCALATOR The successful bidder shall be awarded a contract for twelve (12) months with the option to renew far four (4) additional twelve (72) month periods. Prices shall remain firm for the initial twelve (12) month period. The option for renewal shall only he ezerWsed upon mutual written agreement wkh all priginal terms and conditions adhered to with no deviations. Al Ne beginning of each of the four (4) twelve (12) month option periods, Ne County will cpnsider a single annual pace adjustment to the unit price(s) based on the U.S. Department of Labor, Bureau of Labor Statstcs Consumer Price Index (CPI-U, All Items, Not Seasonally Adjusted (NSA)). The website is http://vnvw.bls.oov/coVhome htm At the Countys sole discretion, this annual adjusMerit shall be calculated by using the appropriate annual percentage as provided 6y the Bureau of Labor Statistics not more than 90 days nor less than 30 days prior to the first day of the renewal term. Any renewal inGuding subsequent price adjustments shall be subject to the appropriation of funds by the Board of County Commissipnere. - iS. EQUIPMENT Successful bidder shall, at a minimum, own or have access to the following list of equipment, 'rf required. The hourly rate nfered for kem 1 (Cats I through IX) shall include any/all of the items listed below, Failure to provide the specified equipment obeli De sufficient cause for default and contrect termination. ' • Pneumatic plugs, 6"-72" • Steel sheeting and sharing • 3" Diaphragm pump wkh 50' discharge hose • Hydraulic pumps capable of loading tankers , • Laser beam • Boom buck with 12,000 Ib. rapacity • Underwater (hydraulic) saw far cutting pipe • Air compressor and jack hammers • Backhoe with minimum lifting capacity of 12,000165. for seking manholes, vetch basins, etc. • Front end loader • 1 f. ton asphalt roller • Vibratory compaction equipment 6. WORK SITE sAFETYlSECURITY he successful bidder shall at all times guard against damage or loss to the property of Palm Beach County, the bidder's own vperty, and/or that of other wntractors, and shall be held responsible for replacing ar repairing any such loss or damage. Then applicable, Ne successful bidder shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and ~ :cure the work site(s) and insure that all County State of Florida, OSHA, and other applicable safety regulations are met. ldikonally, successful bidder shall provide far the prompt removal of all debris from Palm Beach County property. Palm :ach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or ^ 3cement for loss or damage to property through negligence of the successful bidder or its agents, Page 9 17. INSURANCE REQUIRED ~r shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance verage to Palm Beach County, do 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 ienewal thereof, the successful bidder shall provide this evidence to the County prior le the expiration date of each and every insurance required herein. ~ - - Commercial General Liability, or similar form, shall have minimum limits of 5500,000 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 Completetl Opera0ons, Personal InjurylAdverBsing Liability, Contractual Liability and Broad Form Properly Damage coverages. Coverage for the hazards of explosion, wllapse and underground property tlamage (X-C-U) must also be included when applicable to the work to be performed. Business Auto Polley, or similar forth, shall have minimum limits of 5500,000 Per Occunence 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 vehiGe, trailer or semi trailer designed for Vavel on public roads.) Workers' Compensation and Employer's Liahility coverage is required for all personnel who work on this project. This shall Include the personnel of the contractor and any subcenbactars, regardless of the size of the comoanv. Exemptions for small companies shall not be accepted. Coverage must include Employer's Liability with minimum limits of 5100,000 Each Accident, 5500,000 Disease-Policy Limit, 5100,000 Disease-Each Employee. A signed Cert~gte or Certificates of Insurance, evidencing Nat required insurance coverages have been procured by the successful bidder in the types and amounts required hereuntler shall be transmitted to the County via the Insurance Company/Agent wlNin a time frame specfied by the County (normally within 2 wgrking days of request). Except as tg Business Auto, Workers' Compensation and Employer's Liability, said Cert~wte(s) shall Dearly cenfirtn that •verage requiretl by the contract has been endorsed to incude 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 farce throughout the term of the wntroct. Failure to maintain [he required insurance shat) be considered default of wntract. Successful bidder shall agree to provide the County with at least ten (t0) 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 co-verage and acceptability of the insurers providing coverage. All Insurance provided hereuntler shall be endorsed to show that it is primary as respects to County. 18. INSURANCE REQUIRED (AIRPORT ONLY 1 It shall be the responsibility of Ne successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, Go Purchasing Department Attention Insuronce/Buyer Assistant, 50 SouM Military Trail, Suite 110, West Palm Beach, Florida 33415. During Ne term of the Contract and prior to each subsequent renewal thereof, the successful bidder shall provide ahis evidence to the County prior to ahe expiration date of each and every insurance required herein. - Commemlal General LlaDility, or similar torte, shall have minimum limits of 55,000,000 Per Oceurzence Combined Single Limit for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises antllor Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability antl 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. f 'ness Auto Polity, or similar form, shall have minimum Omits of 55,000,000 Per Occurzence Combined Single Limit for 6,._ay 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_vetiiGe, trailer or semi Vailer designed for travel on public roads.) ~ -- - Page 70 Workers' Compensation and Employer's Liability coverage is required for all personnel who work on this project. This shall include the personnel of the conVactor and any subwnVactors, reoardless of the size of the comoanv. Exemptions for small companies shall not. ba accepted. Coverage must inGude Employer's Liability with minimum limits of 5100,000 Each ^aident, 5500,000 Disease-Policy Limit, 5100,000 Disease-Each Employee. A signed Certificate or Certit'irates of Insurence, evidencing Nat required insurance coverages have been prowred by the successful bidder in the types and amounts required hereunder shall be Vensmitted to the County via the Insurance Company/Agent within a time freme specified by Ne County (normally within 2 working days of request). Except as to Business Auto, Workers' Compensation and Employers Liability, said Certificele(s) shall cleadv confirm that coverage required by the contract has been endorsed to inGude Palm Beach County as an Additional Insured. Further, said CertNceta(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 Ne responsibility of the successful bidder to ensure that all required insurance coverages are maintainetl In force throughout the term of the contract. Failure to maintain the required insurence shell be considered default of contract. Successful bidder shall agree to provide the County with et least ten (10) days prior notice of any cancellation, non-renewal or material change to the insurance covereges. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing wverage. All insurance provided hereunder shall be endorsed to shovi that it is primary as respects to County Page 11 SPECIFICATIONS BID #06-1391PR CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT SCOPE The sole purpose and intent of this Invitation far Bid (IFB) is to establish a firm, fixed price tens contract far the rental of crews with equipment lc be used by various departments throughout Palm Beach County for repairs as speciFled in Lots 1 through IX. GENERAL 1. Equipment. Condition and Responsibility The Contractor will be responsible for repairs and maintenance of its equipment. The equipment will be operatetl by the Contractor and kept in good working condition, inGuding all grease, oil, parts and fuel as necessary. 2. Prosecugon of the Work The Contractor will be required to prosecute the work uninterrupted, In such a manner, with the specifletl labor and equipment sD as to ensure that projects as defined and agreed upon are wmpleted within the framework of this contraU. Unless modified in writing, by a designated Palm Beach County ProjeU Supervisor, on-sitelstart times shall ba sMctly adhered to without devtat(on. Equipment will not be substituted wiNOUt prior written approval from the designated Palm Beach County ProjeU Supervisor. Equipment operators must be Tully licensed, as applicable, and competent in the use of the assigned equipment. Failure to comply with any of these requirements is suffiGent cause to terminate centract because of default by the ContaUor. 3. Equipment and Personnel Contractor equipment deemed defective by the designated Palm Beach County Project Supervisor shall be promptly removed from the site. Personnel employed either direUly or indirectly by the ConracOr, who are deemed to be incompetent, inept or unfit to perform fhe wodc in the opinion of the designated Palm Beach County Project Supervisor, shall be promptly removed from the projeU under this ContraU, end such personnel shall net again be employed to work on Ne project. Failure of the Contractor to remove defective equipment or incmmpetent personnel may result in the termination of this ContraU. 4. Suspension of the Work 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 Contractor; (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 Trst- Uass results. PLOWABLE FILL (LOT I AND II ONLYI Upon request, Contractor shall furnish and place "Plowable Fill" as an alternative to compacted soil as approved in Ne `Florida Department of Transportation Standard Specifications for 'Road 8 Bridge Construction' year 2004, Section 121-1 through 121-7. PAYMENT FOR PLOWABLE FILL Compensation shall be paid at the price per Cubic Yartl as statetl on the Bid Response page. The cubic yard price includes product, delivery and off-loading as directed by Palm Beach County Project Supervisor. Page 12 PAYMENT The Palm Beach County Project Supervisor or designee shall review and approve Contractor's 'Daily Billing Ticket" to verify actual number of hours worked by the piece of equipment andlor crew, as applicable. ~ ~~ ..ontract is based on an houdy rate, as requested. Crews and/or equipment shall be available on an °as needed basis" with no guarentee by the County of the amount of use. However, any news and/or equipment (based on an hourly rate) called out for a period of less than four (4) hours shall 6e 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 news shall be made for actual lime worked on site only. The Ccunty will not be charged for mobilization, demobilization, travel between jab sites, etc. Payment (hourly rates) shall be full wmpensation for alt labor, equipment, tools, fuel, cil, greases, insurance, taxes, fees, plant, transportation, suspensions, delays, and incidentals necessary to complete the service describetl in and as set forty in this contract. Projects started prior to the termination of this contract will be allowed an additional Thirty (30) days for wmpletion BASE RATE Houdy Rate (LOTS I, 11, III, IV, V, VI, AND VII) Compensation shall be paid at the base° houdy rete (news with equipment) for actual time worked, 24 hours a day, 365 days per year. Equipment which remains on site, whhout operator, for the convenience of the contraitor 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 wntract. All vests to be charged to the County for the perfonnence of this contract must be included in the "base' houdy rate offered by the wntractor. Houdy Rate (LOTS VIII AND IX) npensation shall 6e paid at the °base° hourly rate (crews with equipment) Monday through Friday between 7:00 a.m. and i:00 p.m. for actual time worked. Equipment which remains an site, without operator, for the convenience of the contractor Hill not be compensated. The County will not 6e charged for mobilization, demobilization, transportation, fuel, or any other ncidental expense related to the performance of this contract. All costs to be charged to the County for the performance of his contrail must be included in the `base' houdy rate offered by the wntractor. rREM1UM RATES ioudy Rate (LOTS VIII AND IX) Overtime Rate Compensation shall be paid at a rate of 1.5 times the awarded base houdy rate for actual time worked between the hours of 5 p.m. and 7 a.m., Monday through Friday antl weekends. Equipment which remains on-site, for convenience, without operator shall not be compensated. Equipment which is usetl or continues to function into premium rate time ~! frames, without operator, shall be paid al the base° rate only. I Holiday Rate: Compensation shall be paid at a rete of 2.0 times the awarded base houdy rate for actual time worked during Palm Beach County legally recognized holidays. Equipment which remains on-site, (or wnvenlence, without operator shall no[ be compensated. Equipment which is usetl or continues to function into premium rate time frames, without operator, ` shall De paid at the "base` rate only. ~ . Page 12 PAYMENT The Palm Beach County Project Supervisor or designee shall review and approve ConVactor's "Daily Billing Ticket' to verify actual number of hours worked by the piece of equipment andlor crew, as applicable. ~ ~~ .,ontract is based on an heudy rate, as requested. Crews and/or equipment shall he 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 computetl as rental time 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 atl~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 centract will be allowed an additional thirty (30) days for completion. BASE RATE Hourly Rate (LOTS I, 11, III, IV, V, VI, AND VII): ~! Compensaton shall be paid at the "base" houdy rate (crews wNh equipment) for actual time worked, 24 hours a day, 365 days per year. Equipment which remains on site, without operator, far fhe convenience of the contractor will not be compensated. The County will not he charged for mobilization, demobilization, transportation, fuel, or any other incidental expense related to the performance of this contract. All costs to !re charged to the County for the performance of this contract musl6e included in the base' houdy rate offered by the eontreetor. Hourly Rate (LOTS VIII AND IX): ~ npensation shall be paid at the °base' hourly rate (crews with equipment) Monday Nrough Friday between 7:00 a.m. and `~ i:00 p.m. for actual gme worked. Equipment which remains on site, without operator, far the convenience of the contractor rill not be compensated. The County will not be charged for mobilization, demobilization, transportation, fuel, or any oNer nedental expense related to the performance of this contract. All costs to be charged to the County for the performance of his contract must be included in the °base" houry rate offered by the eonractor. PREMIUM RATES iouriy Rate (LOTS VIII AND IX): ' i Overtime Rate: Compensation shall be paid at a rate of 1.5 times the awarded base houdy rate for actual time worked between the hours of 5 p.m. and 7 a.m., Monday through Fritlay antl weekends. Equipment which remains on-site, for convenience, without operator shall not be cempensated. Equipment which is used or continues to (unction into premium rate time frames, without operator, shall be paid al the "base° rate only. I Holiday Rate: Compensation shall be paid at a 2te of 2.0 Omes the awarded base hourly rate for actual time worked during Palm Beach County legally recognized holidays. Equipment which remains on-site, for convenience, without operator shall not be compensated. Equipment which is usetl or continues to function into premium rate time frames, without operator, shall be paid at the "base rate only. ~ ; . ~ ~ ~ Page 13 • BID RESPONSE BID #06-139IPR CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT I -ROAD 8 BRIDGE DEPARTMENT: (') NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 365 DAYS PER YEAR FOR ACTUAL TIME WORKED. BASE PRICE WEIGHT FACTORED REM DESCRIPTION PER HOUR (•) FACTOR RATE 7. CREW -CONCRETE OR METAL PIPE LAYING, $ 300.00 X .80 = $ 240.00 wnsisting of a foreman (with 40 hours of OSHA training), a minimum of three (3) experiencetl men, induding layout, excavat(ng, installing and back filling equipment necessary for laying pipe up to 36" diameter. County shall furnish materials. 2. Dump Truck, 15 - 20 cu. yd. capacity (for wncrete $ 7n. n0 X .02 = $ 1.40 and asphalt disposal) when requested with item #1 only). 3. Well Point Equipment up to 150 points complete $ 40.00 X .O6 = $ 2.40 induding pump and jetting equipment (run tlme only) when requested with item #t only. 4. Tandem Dump Truck with sideboards, 12 cu. yd. $ 70.00 X .01 = $ .70 capadty when requested with item #1 only. 5. Tri-Ade Dump Truck with sideboards, 18 a. yd. $ 70.On X .01 = $ .70 capacity when requested with item #1 only. PRICE PER CU. YD. 6. Plowable Fill $ 120.00 X .10 = $ 12.00 LOT 1, TOTAL FACTORED RATE: S 257.20 Continuetl.... FIRM NAME:. S. F1+KIN5 CONSTRUCTION CORPORATION .. ~ ~,,. • '~k~: '~~~' ~ ~ Page 14~' BID RESPONSE BID #06.1391PR CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT II -ROAD 8 BRIDGE DEPARTMENT: (') NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 388 DAYS PER YEAR FOR ACTUAL TIME WORKED. BASE PRICE WEIGHT FACTORED REM DESCRIPTION PER HOUR (') FACTOR RATE 1. CREW -CONCRETE OR METAL PIPE LAYING, $ 350.00 X .80 = $ 280.00 '~, consis8ng d a foreman (with 40 hours of OSHA I tralnfng), a minimum of Nree (3) experienced men, inclutling layout, expvating, installing and back filiing equipment necessary for laying pipe 36' up to 84' diameter. County shall furnish materials. 2. Dump Truck, 15 - 20 a. yd. capacity (for concrete $ 70.00 X .02 = $ 1.40 i and asphalt Disposal) when requested with Item #1 only). i 3. Well Point Equipment up to 150 points complete $ gyn. nn ~ X .O6 = $ 2.40 inGuding pump and jetting equipment (run time only) I when requested with kern #1 only. 1 4. Tandem Dump Truck with sideboards, 12 w. yd. $ 70.00 X 01 = $ .70 t ppautity when requested with item #1 only. 5. Tri-Axle Dump Truce with sideboards, 18 cu. yd. $ 70.00 X .07 $ .70 , capacity when requested with item #1 only. PRICE PER - ~ CU. VD. i. Plowable Fill $ 120.00 X 10 = $ 12.00 i LOT ll, TOTAL FACTORED RATE: f 297.20 Continued.... RM NAME: n. c EAKINS CONSTRUCTION CORPORATION .. ,:,F~-: ,~la; ww,[ j-, n._:: .. Page 15 • BID RESPONSE BID #06-139IPR CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT III -ROAD 8 BRIDGE DEPARTMENT: (') NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 365 DAYS PER YEAR FOR ACTUAL TIME WORKED. BASE PRICE WEIGHT - FACTORED ITEM DESCRIPTION PER HOUR (•) FACTOR RATE 1. CREW -INFILTRATION DRAINAGE, censisting $ 300.00 X ,50 = g 150.00 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, 6" tyres to existing drainage inlets. Contractor will also be responsible for utlgry locations and hauling away excess materiels. County shall famish all materials (I.e., rock, fifer, cloth, jack & bores, 6' PVC sch. 40 pipe, Sand). 2. Dump Truck, 15 - 20 cu. yd. capacity when $ 70.00 X .10 = $ 7.00 requested with item #1 only). ' 3. Well Pofnt Equipment up to 150 points complete $ 40.00 X 20 = $ 8.00 induding pump and jetting equipment (run lime only) when requested with item #1 only. 4. Tandem Dump Truck with sideboards, 12 ce. yd. g 70.00 X 10 $ 7.00 capacity when requestetl with Item #1 only. 5. Td-Axle Dump Truck with sideboards, 18 cu. yd. $ 70.00 X .10 = $ 7.00 capacity when requested with item #1 only. LOT ill, TOTAL FACTORED RATE: S 179.00 Continued.... FIRM NAME: n c sexrr~c CONSTRUCTION CORPORATION BID RESPONSE BID #06-139rPR CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT Page 16 LOT N-PARKS 8 RECREATION DEPARTMENT. WATER UTILRIES DEPARTMENT: (•) ~ NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 365 DAYS PER YEAR FOR ACTUAL TIME WORKED. BASE PRICE WEIGHT FACTORED REM DESCRIPTION PER HOUR (') FACTOR RATE 1. CREW -CONCRETE OR METAL PIPE LAYING, $ 300.00 X ,g0 = $ 270.00 consisting of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, induding layout, excavating, InaWlling and back filling equipment necessary for laying pipe up to 36" diameter. County shall famish materials. 2. Dump Truck, 15 - 20 cu. yd. capacity (for concrete g 70.00 X 02 $ 1.40 end asphalt disposal) when requested with Hem #1 only). 3. Well Point Equipment up to 150 points complete $ 40.00 X .O6 = $ 2.40 induding pump and (eHing equipment (run tlme only) when requested with Hem #1 only. 4. Tandem Dump Tnuk with sideboards, 12 cu. yd. $ 70.00 X .01 = $ .70 capacity when requested with item #1 only. 5. Tri-Axle Dump Truck with sideboards, 18 a. yd. $ ~n_ nn X .Oi = $ .70 capacity when requested with Hem #1 only. . LOT IV, TOTAL FACTORED RATE: j 275.20 J Continued.... 9RM NAME: D. S. P.AKINS CONSTRUCTION CORPORATION BID RESPONSE BID #06-139/PR CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT Page 17 LOT V -DEPARTMENT OF AIRPORTS: (') NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 365 DAYS PER YEAR FOR ACTUAL TIME WORKED. BASE PRICE WEIGHT FACTORED REM DESCRIPTION PER HOUR (•) FACTOR RATE 7. CREW -CONCRETE OR METAL PIPE LAYING, $ "400.00 X .g0 = $ 360.00 consisting of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, induding Layout, excavating, installing and back filling equipment necessary for laying pipe up to 36" diameter. County shall famish materials. 2. Dump Truck, 15 - 20 w. yd. capadty (for concrete g 100.00 X O2 = $ 2.00 and asphalt disposal) when requested with item #7 only). 3. Well Point Equipment up to 150 points complete $ 65.00 X .OB = $ 3.90 induding pump and jetting equipment (run time only) when requested with dam #1 only. Tandem Oump Truck with sideboaMS, 12 w. yd. $ t nn_ nn X .Ot = $ 1.00 capacty when requested with item #1 only. 5. TrbAxle Dump Truck with sideboards, 78 w. yd. $ 100.00 X 01 = $ 1.00 capacity when requested wiN item #1 only. LOT V, TOTAL FACTORED RATE: $ 367.90 Confinued.... FIRM NAME: D. S. EAKZNS CONSTRUCTION CORPORATION ';' 'tn~T tr.. _ BID RESPONSE BID #06.1391PR CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT VI -PARKS & RECREATION DEPARTMENT. WATER UTILRIES DEPARTMENT: (') NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 365 GAYS PER YEAR FOR ACTUAL TIME WORKED. BASE PRICE WEIGHT -, FACTORED REM DESCRIPTION PER HOUR (") FACTOR "RATE 1. CREW -CONCRETE OR METAL PIPE LAYING, $ 750.00 X .90 = $ 315.00 consisting of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, inUuding Layout, exceva8ng, installing and back filling equipment necessary fw laying pipe 36" up to 84"diameter. County shall furnish matedals. 2. Dump TruUc, 15 - 20 cu. yd. capacity (for concrete $ 70.00 X .02 = $ 1.40 and asphalt disposal) when requested with item #1 only). 3. Well Point Equipment up to 150 points complete $ 60.00 X .06 = $~ 2.40 induding pump and jetting equipment (run time only) when requested with item #1 only. Tandem Dump Tmck~with sideboards, l2 a. yd. $ 70.00 X .Ot = $ .70 capacty when requested with item #1 only. 5. Tri-Azle Dump Truck with sideboards, 18 cu. yd. $ 70.00 X .01 = $ • 70 capacity when requested with item #1 only. LOT N TOTAL FACTORED RATE: S 320.20 . Continued.... ~I IRM NAME: D. 5. EARINS CON9TRUCTION CORPORATION :_..~~..7-::~, Page 19 .BID RESPONSE BID #06-1391PR CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT VII -DEPARTMENT OF AIRPORTS: (') NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 365 DAYS PER YEAR FOR ACTUAL TIME WORKED. REM DESCRIPTION BASE PRICE WEIGHT FACTORED PER HOUR (•) FACTOR RATE 1. CREW -CONCRETE OR METAL PIPE LAYING, consisting of a foreman (with 40 hours of OSHA Veining), a minimum of three (3) experienced man, Including layout, excavating, installing and back filling equipment necessary for laying pipe 36• up to 84' diameter. County shall furnish matedals. 2. Dump Truck, 15 - 20 cu. yd: capacity (for concrete and asphalt disposal) when requested with item #1 only). 3. Well Point Equipment up to 150 points complete Incuding pump and jetting equipment (run dme Doty) when requested with item #1 only. Tandem Dump Truck wRh sideboards, 12 cu. yd. rapacity when requested with item #1 only. 5. 7ri-Axle Dump Truck with sideboards, 16 a. yd. capacity when requested with Item #1 only. g 450.00 X .90 = $ 405.00 $ 100.00 X 02 $ 2.00 $ 65.00 X .O6 = $ 3.90 $ 100.00 X .01 = $ t_nn $ tnn.nn X .01 = $ r DO LOT WI, TOTAL FACTORED RATE: S 412,90 - Continued.... FIRM NAME: 0. 6. EARINS CONSTRUCTION CORPORATION ~~ 81D RESPONSE 81D #OB-1391PR CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT VIII -FACILITIES DEVELOPMENT 8 OPERATIONS DEPARTMENT: (') NOTE: BASE RATE SHALL BE HOURLY, MONDAY THROUGH FRIDAY (BETWEEN 7:00 A.M. AND 5:00 P.M.): HOWEVER, COMPENSATION WILL BE PAID FOR OVERTIME AND HOLIDAY RATES (SEE PAGE 12). BASE PRICE WEIGHT FACTORED REM DESCRIPTION ~ PER HOUR (') FACTOR RATE 1 2. 3. 4. 5. CREW -CONCRETE OR METAL PIPE LAYING, wnsistlng oT a foreman (with 40 hours of OSHA training), a minimum of Nree (3) experienced men, Inducting layout, excavating, installing and back filling equipment necessary for laying pipe up to 36° diameter. County shall famish materials. Dump Truck, 15 - 20 w. yd. capacity (for eonuete and asphett disposal) when requested with ttem #1 only). Well Point Equipment up to 150 points complete inducting pump and jetfing equipment (run time only) when requested with item #1 only. Tandem Dump Truck with sideboards, 12 cu. yd. capacity when requested with item #1 only. Tri-Axle Dump Truck with sideboards, 18 cu. yd. wpaclty when requested with ttem #1 only. $ inn-nn X .90 = $._270.00 $ 70.00 X .02 = $ 1.40 $ 40.00 X .OB g 2.40 $ 70.00 X .01 = $ .70 $ 70.00 X .01 $ •70 LOT Vlll, TOTAL FACTORED RATE: $ 275.20 '_OT IX - FACILRIES DEVELOPMENT 8 OPERATIONS DEPARTMENT: (') NOTE: BASE RATE SHALL BE HOURLY, MONDAY THROUGH FRIDAY (BETWEEN 7:00 AM. AND 5:00 P.M.): HOWEVER, COMPENSATION W ILL~BE PAID FOR OVERTIME AND HOLIDAY RATES (SEE PAGE 12). BASE PRICE WEIGHT FACTORED iEM DESCRIPTION PER HOUR (•) FACTOR RATE CREW - CONCRETE OR METAL PIPE LAYING, $ x50.00 X .90 $ 315.00 consisting of a foreman (with 40 hours of OSF1A Veining), a minimum of mree (3) experienced men, inducting layout, excevaling, Installing and back filling equipment necessary for laying pipe 36' up to 84' diameter. County shall famish materials. Continued.... i. IRM NAME: D. S. P.ARZNS CONSTRUCTION CORPORATION . .. ..- ...,Jvl bif[c FYY9rtj5i:~.:wv,.~'i°".C+, ...'~:V_r.p..p_ y.... .. ~~ s a.{'a~.?^.' ~ Page 21 BID RESPONSE BID #06-139/PR CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT LOT IX- FACILRIES DEVELOPMENT 8 OPERATIONS DEPARTMENT IContlnuedl: (•) NOTE: BASE RATE SHALL BE HOURLY, MONDAY THROUGH FRIDAY (BETWEEN 7:00 AM. AND 5:00 P.M.): HOWEVER, COMPENSATION WILL BE PAID FOR OVERTIME AND HOLIDAY RATES (SEE PAGE 12). BASE PRICE WEIGHT FACTORED REM DESCRIPTION PER HOUR (') FACTOR ~ RATE 2. Dump Truck, 15 - 20 cu. yd. capacity (for concrete $ 70.00 X ,p2 = $ 1.40 and asphalt disposal) when requested with item #t only). 3. Well Point Equipment up to 150 points wmplete induding pump and jetting equipment (run time only) when requested with Item #1 only. 4. Tandem Dump Truck with sideboards, 12 w. yd. capacity when requested with item #1 only. 5. Tri-Axle Dump Truck with sideboards, 18 cu. yd. capacity when requested wiN item #1 only. $ 4n. nn X .O6 = $ 2.40 $ 70.00 X .01 = $ .70 $ 70.00 X .01 = $ .70 LOT DC, TOTAL FACTORED~R~A/T~E: S 320.20 Oualifiwtion of Bidders information included, per Term and Condition # 7? YESL-P <INITIAL PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signaNre on this document, bidder acknowledges and agrees that its offer incudes and accepts all terms, condi0ons, and specifications of the Cauntys bid solidtation as originally pulished, without excep0on, change or alteration of any kind, except es may have been published by the County in o~cel amendments prior to this date of submittal. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: D. S. EAKINS CONSTRUCTION CORPORATION 7/12/06 SIGNATURE LI I : PRINTTT E: VICE PRESIDENT ADDRESS: POST OFFICE BOR 530185 CITY/STATE: 1481 KINETIC ROAD LAKE PARR, FLORIDA ZIP CODE: 33403 TELEPHONE # (561 ) 842-0001 ~ E•MAIL: , TOLL FREE # ( ) FAX #: (561 ) 842-0009 APPLICABLE LICENSE(S)CGC036066 STATE LICENSE 2001-14944 CNTY OC-032 '1MBER # 4 C DE CW-001 TypE; 2001-14942 EQUIP REN.HVY OS-012 FEDERAL ID # 59-1691997 Page 22 STATEMENT OF NO BID BID q06-139/PR 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. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the County of Palm Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, Ne undersigned have declined to bid on your Bid No. OB•1391PR fa CREWS WRH EQUIPMENT. RENTAL OF TERM CONTRACT (Service/Commodiry) because of the following reason(s): Specfications too °tighP, i.e., geared toward brand or manufacturer only (explain below) Insufficient lime to respond to the Invitation for Bid We do nol aHer this product or an equivalent Our product schedule would not permit us to peRortn Unable to meet spec cations Unable to meet bond requirements ,_ Specifications unGeat (explain below) Other (specify below) 2EMARKS: i r i i 'J rage ['s CERTIFICATION OF BUSINESS LOCATION BID # 06-139/PR CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT In accordance with the Palm Beach County Local Preference Ordinance, a preference shall be given to those bidders who have a permanent place of business in Palm Beach County ('COUntt/) and who hold a valid occupational license issued by the County that authorizes the bidder to provide the goods or services to be purchased. To receive a local preference, an interested bidder must have a permanent place of business in existence odor to the Countys issuance of an invitation for bid. A valid occupational license issued by the County Tax Collector shall be used to verify that the bidder had a permanent place of business pdor to the issuance of the invhation for bid. A Palm Beach County Occupational license is required unless specfically exempted by law. In lieu of a Palm Beach County occupatonal license, the bidder shall include the wrrent occupational license issued to the bidder in the response. The bidder must submit this Certfcation of Business Laption along wish me required occupational license al the time of bid submission. This Certification of Business Location is the sole determinant of local preference eligibility. Errors in me completion of this Certification or failure to submit Nis completed Cenifiwtion shall cause the bidder to not receive a local preference. Please note that the bid submitted by the bidder to the County must be from an address located within Palm Beach County in order for local preference to apply. Bidder is a: _NOn-LOpI Business Anon-brat business is one mat does not have a permanent place of business in Palm Beach, Martin, Bmward, or Miami-Dade County. _Ftegional BUSIneSS A regional business is one that has a permanent place of business in Martin, Broward, or MiamiDade County. (Please indicate): Martin County Broward County ,Miami -Dade County X Local Business A local lwsiness has a permanent place of business In Palm Beacn County (Please indicate): X Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services to be purchased .. "A post office box or location at a postal service center is not acceptable. II. The attached copy of bidder's Palm Beach County Occupational License verifies bidder's permanent place of business in Palm Beach County THIS CERTIFICATION is submitted by crwmT M. FRTCx , as (Name of Individual) n1rF FRFCrnRNT ,of D. S. EAKINS CONSTRUCTION CORPORATION (Title/Position) (Firm Name of Bidder) vho hereby certifies that the Information stated above is true and correct, that the bidder has a permanent place N business in Palm Beach County, and that the attached Palm Beach County Occupational License fs a true and :owed wpy of the original. Further, it is hereby acknowledged that any misrepresentation b the bidder on this ;ertificetion is considered an unethical business practice and is grounds for sanctions against future County siness with the bidder. ~/ )/12/06 - (Signature) (Date) Page 24 DRUG-FREE WORKPLACE CERTIFICATION BID #06.139/PR CREWS WITH EQUIPMENT, RENTAL OF, TERM CONTRACT IDENTICAL 71E SIDSIPROPOSALS - In accordance with Section 287.087, F.S., a preference shall be gWen to vendors submitting with their bldslproposals the following certifltatlon that they have Implemented adrug-tree workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Seetlon 287.087, shall be made In conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article III, Sections 2.80.21 thro 2.80.34. In the event tie bids are received from vendors who have not submitted with their bidslproposals a completed Drug-Free Workplace Certiflration form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie btds. This Drog-Free Workplace Certifiration form must be executed and retumad with the attached bid/proposal, and received on or before time of bid opening to be considered. The failure to execute andlor ratum this eertiflration shall not rouse any bidlproposal to be deemed non-responsive. Whenever two (2) or more bldslproposals which ere equal with respect to price, quality, and service are received by Palm Baach County for the procurement of commodities or contreetual services, a bidlproposal received from a business that certifies that It has Implemented adrug-tree workplace program shall be given preference in the award process. In order to have adrug-tree workplace program, a business shall: (1j Publish a statement notHying employees that the unlawful manufacture, dlstrlbuflon, dispensing, possession, or use of a wntrolled substance is prohibited In the workplace and specifying the actions that will be takeh against employees forviclatlons of such prohibltlan. (2) Inform employees about the dangers of drug abuse in the workplace, the husiness's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties Nat maybe Imposed upon employees for drug abuse violations. , Give each employee engaged In providing the wmmodities or contractual services that are under bid a copy aT the statement specified In number (1). ;4) In the statement specified in number (1), notify the employees that, as a condition of working on the commodities or eontreetual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any wmrietlon of, or plea of guilty or nolo wntendere to, any violation of Chapter 893, Florida Statutes, or of any tantrolled substance law of the United States ar any etdte, for a violation occurring In the workplace no later than Nve (5) days after such conviction. 5) Impose a sancflon 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 eNort to continua to maintain adrug-free workplace through Implementation Seetlon 287.067, Florida Statutes. 'HIS CERTIFICATION is submitted by rrrmr x. Parcx the (Individual's Name) - yrfE PRESIDENT oT D. S. EAKINS CONSTRUCTION CORPORATION (Title/Position with CompanyNendor) (Name o1 CompanyNandor) 'ho does hereby certify that said CompanyNendor has implemented adrug-free workplace program which meets ~e requirements of Section 267.087, Florida Statutes, which era identified In numbare 1) through (6) above. 7/12/06 Signature Date Page 25 SCHEDULEI . LL4T OF PROPOSED SBE-0iNVBE PRIME SUBCON7RACTOR9 BIO NAME: CRENS WZTA EQUIPMENT, RENTAL OF BID NO. 06-139/PR TERM CONTRACT D. s. EARINS CONSTR. CORP. P.O. BOX 530185 LAKE PARK, FL NAME OF PRIME BIDDER ADDRESS: 33408 CONTACT PERSON: DOUG EAEINS PHONE NO: (551) R49-0001 FA%NO: X561) 842-0009 BID OPENING DATE: JULY 13, 2006 •~_„~„~„__~ ..««...«.....«........«.««...«......«„..,„,.,.. PLEASE IDENTIFY ALL APPLICABLE GTEGORIES Name, Adtlreae and Phone Nwnper (Cheek one or polh Cetegodes) SubeontraG Amoum MInM,v w,nrn... TRU TRUCKING --- -------- ---^ ••~• ••~. oa,nan ~aucesien otner rlease s a 7. p,0. BOX 1058 LOXABATCHEE, FL 3347 ® ® E • S IS$ S_ E S (561) 753-6417 z. ^ ^ 3 S E_ E S J. ^ ^ E E_ S_ S E a. ^ ^ S E_ S_ S S 5. ^ ^ E_ E E_ E S- W4m u•••eeltlenal •h••bxnxe•••n/ T•lal S_ S_ S_ E_ E Total eld PrlceS Total Vatue of SBE PartlclpatlonS 15$ OF WORK PERFORI~D UNDER CONTRACT NOTE: 1. The amount Ilated on tlai Imm far a 3ubcxnlraelor moat oe wpporled M prices or parcenbge Included on Stlledub 2 a a proposal fmrl each Submnbaclor Oeted In order to oe mooted toward gom eMabmaM 2. Flmw may pe cerAAed py Palm Beacp County as an SBE eM/man MIWBE. B Anna are cerEAed as both an SBE aM MNJBE, please Indlwte Me dollar amount under Ne appropriate category. 3. MAYBE InlormaAm b belrg ctlleded tar harklrq) purpmee only. xieaewn~ r. ne Page 26 SCNEDULE2 LETTER OF 1nTEtrt TO PERRORN p4 AN 8BE OR tdIWBE SUHCONTRACTOR ^4)NO. 06-139/PA 81pNAME: MEWS WITR RQUIPHERT, RENTpt. 08, T1SRM CONTRACT TO: D. S. FAiVNS CONSTRUCTION CORPORATION ~ONta nine 6ddet) The te70otelgnsd b certltleA by Patrn f Coady r e(n) - (rlteek ane or mae, e. eppnDaple): . Bntatl Buttteu FsteRsiae -L Minority Busi~asa Fiiterprlse __ ._ Htepenle X women , Caueasfan __ other (Please seedy) ~a~'eB~~urttyCettiOaatton: ot)/2o/oa TD os/za/D7 th. Ib Dtepa<ea to peRarm me fiYoNkg desalted work m oonheatlon wen the shove DNj~ teeoiNo ~ Ttem ' q Oh'/CTafh UakPr4e iobl Prim rRUCRnar- AND ItOUiPtiNNT RNNTAL AT 1ST OE RORP. PERP'OR+® mmRR CONTRACT the Prke S _ 45.00 (Sutrzntraetare WOE) _ f attaA enter into a honffal agreement far work M7tlf you candl11ma0 upon yotu acedutlon of a conesef vdth PaVn Bcedt Amy. nderalgtred iettende fo a~euDeoniact eny Oadon a1 thh sutwonaep to a non-0ertMed SBE euEeotttreaor, Ns amount of ' ~ su~rt6xl muat Ee stated: S_ _ti ~ undersigned wboon6eamr underat®tde U+at the D~vvekn of lhls farm to provent euhoonlreraor t prwldmp quotetlans to other ladders. prise GWder doae not IRO TRUCKING (Prittreme of SBE-M/ANBE SUbmntracm~ BY• ~ ~.~..1id/ /whs Bare) . PN1Nq TRIf.7ILtD O'rim nemda0o of person e>oeeuang on GaheM of SBE-MNVBE Subewreeeter) n.n.. 7 / 11 /06 7Ufi21. P. ~ Z00/Z00 ® ,,.......,... .... ~a7/la/[ev5 37:26 5617950361 CARP 7R ~ PAS 01 V"" August 20, 2004 Certification Date: 08120/2004 -081202007 j°loRtot' Vendor Registration Number: TRUT0001 SERV]CES: Trucking/Heary Hauling Omee er small ao,lku ArrbWlce i 50 S stiourv Tn11. Suite 2lN ' wen Pl7m hacA. R SNIT TN TNCking Ine. 15611 EIM6B/0 P.Q. BOX 1058 Fu ISOU Mafia50 Loxahatchee, FL 13470 1 ~.w,peeg0•.eom I i Attention: Francisco Trujillo ^ The Palm Beach County Office of Small Business Assistance has completed its review of the documents you submitted for renewal of your Orm's Palm Oeacn eou.q ceRification and is pleased to announce that your firm has been certified as em.n e( rcanry ~,,,,,,l,,;e,,,n a SmslVMinority Business Enterprise (S/MBE) for three (3) yeah. xan"t. M°`a`°'a>i` Your firm shall be subject to the provisions of the Palm Beach County Tny Mniloni. vqe Cluvmui Purchasing Ordinance and all State and Federal laws relating to the l~H„", transaction of business. """"""'"`"`° Thiscertificatioaentitles you toparticipate in contraetingopportunities when ~ m~c•m the products and services offered by your firm are being considered for bid Oan a,.on,o" As an additional service to your firm, you will be included in the Palm Deach County Directory of certified SBE firms. if you wish M have your Gtm's "°°ie ~ ere`"e listing changed. please contact our office at (561) 616-6840. Your company's certification is subject to periodic review to verify yot¢ continued eligibility. Any changes you report to the Purchasing Department c°°"ry "0iw1n1iYitor must also be reported to USBA. Your company name and vendor code must a00ea Weisman be the same in both departments. Failure to report changes in the status of your f rm may result in your firm being decertified. Remember, whenever you respond to a County bid yrou must do so under the name of Tru Trucking, int. with vendor code TRUT0001. Sincerel}•, ~~~ ~~i5 1 Vicki Hobbs '"^e~10w°"°"~ Cenifica[ionTeehnieian al(Omtn.e Acnun empbp' Page 2i SCHEDULE3 SBE-MIW9E ACTIVITY FORM SBE-MNVBE ACTIVITY FOR MONTH ENDING Blpg 06-139/PR BID NAME rR Rwc wiTN Fn 17PNFNT A NTAL OF TERM COt4TRACT PRIME CONTRACTOR NAME n c RwiNC r~NCTRIrCTION ORPORATION PROJECT SUPERVISOR SBE-MIWBE SUBCONTRACTING INFORMATION SBE-Mf WBE Category (check all applicable) Name of SBEM/WBE Suamntradw SBE-MIWBE Submntract Amount Amount Wavn far SBE-MM'BE Suhcmllyddar Amount Paidb DaU Actual Startlna Dale Mlnorlty Business (,~) Small Baseness (f) Blade Hispanic CaunasWn Women paler (Please spedM I hereby rxrafy Nat Ne above iNarmaaon B true la Ne best N my anovAedae (Slarufure and Tae) Realm to: Addiaonal Sheets May 6e Used As Necessary Offlm d SmaO BusNess Assislanoa 5a S. MiAfary Tratl, Suite 209 West Palm Beady FL 93415 NOTE: Firms may be certified as an SBE and/or an MANBE. If firms are certified as both an SBE and 1v1/WBE, please Indipte the dollar amount fn each . section. The dollar amount will not be counted twice. Page 28 SCHEDULE4 SBE-MNVBE PAYMENT CERTIFICATION nis is to ceNfy that received SBE or MANBE Subconbactor (Monthty) or (Final) payment of $ on from D. S. EARINS CONSTRUCTION CORPORATION for labor anNor matedals used on BID NO. 06-139/PR (Prime Contractor) BID NAME: CREWS WITN EQUIPMENT. RENTAL BID fy:06-139/PR PRIME CONTRACTOR:. D. S. P.AKINS CONSTRUCTION.%'ARPORATION SBE OR MNJBE SUBCONTRACTOR: (Company Name) 8Y: (Si9naWre of Prime Conbadar) (Pdnt Name 8 Title of Person Executing on behalf of Contrctor) STATE OF FLORIDA COUNTY OF BY: (SignaWre of Submnlreclor) (Print Name & Title of Person Exeading on behalf of Subconbactor) 'wm to and subscribed bebre me this day of by 20 - Notary Public, State of Florida PdnL Type or Sramp Commissioned Name of Notary Personalty Known, OR Produced Identlfiration Type of Itlentfiration Produced STATE OF FLORIDA COUNTY OF Swom to and subscribed before me this day of , 20 Notary Public, State of Florida Print, Type or Stamp Commissioned Name of Notary Personalty Known_ OR Produced Identification Type of Identification Produced ~- ... To be submitted with Pay Repuest, Immetliataty following any payment to the SBE-M/W BE fmm the Prime Contractor. Q..~EA/ NS _ I - CONSTRUCTION CORPORATION - POSTOFFICE BOX 530165 LAKE PARK, FLORIDA 33403 (561) 842-0010 #7 -QUALIFICATION OF BIDDER D. S. EAKINS CONSTRUCTION CORPORATION HAS BEEN IN BUSINESS IN PALM BEACH COUNTY SINCE 1971. WE OWN, OPERATE, AND MAINTAIN THE NECESSARY EQUIPMENT INCLUDED IN THE ITEMS WE ARE BIDDING, AND WE EMPLOY A FULL TIIv1E MECHAMC AND WELDER, KEEPING DOWN TIME TO A MINIMUM. A LIST OF EQUIPMENT IS ATTACHED ALONG WITH A LIST OF REFERENCES. OUR MOST IMPORTANT ASSET IS OUR EMPLOYEES AND THE NUMBER OF YEARS EXPERIENCE THEY HAVE, AND ALSO THE NUMBER OF YEARS THEY HAVE. WORKED WITH OUR FIRM. WE PLACE A HIGH EMPHASIS ON JOH SAFETY AND THE PROTECTION OF BOTH PUBLIC AND PRIVATE PROPERTY. OUR BH) HAS BEEN PUT TOGETHER KEEPING THE BEST POSSIBLE PRICE FOR PALM BEACH COUNTY IN MIND AND ENABLING US TO PROVIDE THE BEST POSSIBLE SERVICE IN COMPLETING VARIOUS70BS. ~'a . ~ a.~EA/ NS I ~ CONSTRUCTION~CORPORATION - POST OFFICE BOX 530165 LAKE PARK, FLORIDA 33403 (561 J 642-0010 #7-A QUALIFICATION OF BIDDER Three contracts completed or underway in the past two (2) yeazs: I. INLET HARBORMARINA -ANDERSON MOORE -JEFF MOORE 2. THE BENJAMIN UPPER SCHOOL-THEWETTZ COMPANY-DAVE HANSON 3. VARIOUS JOBS FOR TOWN OF PALM BEACH - JIM BOWSER List of references in the type of work referenced in the bid: PALM BEACH COUNTY ROAD AND BRIDGE DEPT MIKE BOWMAN 3700 BELVEDERE ROAD STEVE STRONA WEST PALM BEACH, FL 33406 (561)233-3955 TOWN OF PALM BEACH PAUL BRAZB. 951 OLD OKEECHOBEE ROAD JIM BOWSER WESTPALM BEACH,FL 33401 (561)838-5440 CITY OF WEST PALM BEACH KEN REARDON 200 SECOND AVENUE WEST PALM REACH, FL 33402 (561)659-8000 SOLID WASTE AUTHORITY PAT BEYERS 7501 NORTH JOG ROAD WEST PALM BEACH, FL 33412 (561)640-4000 -. TOWN OF LAKE PARK CAROLYN MIGUEL 659 OLD DD:IE HIGHWAY LAKE PARK, FL 33403 (561)844-4644 ~~~ aS.EA/ NS I CONSTRUCTION CORPORATION POST OFFICE BOX 530165 LAKE PARK, FLORIDA 33403 (561) 84210 #7•B QUALIFICATION OF BIDDER -EQUIPMENT LIST 2002 CATERPILLAR 330BL BACKHOE 2002 CATERPIILAR 320CL BACKHOE 1992 CATERPIILAR 231 BACKHOE 1984 CATERPIILAR 225 BACKHOE 1999 CATERPILLAR 416C LOADER/HOE 1995 CATERPILLAR 416B LOADER/HOE 1985 CATERPIILAR 910 LOADER (986 CATERPIILAR 950B LOADER 1989 CATERPIILAR 966E LOADER 1996 CATERPII.LAR 966F LOADER 1990 READ RD-90 SCREEN ALL BOMAG MODEL BW 142D VIBRATORY ROLLER ' 1987 FORD 6-TON BOOM TRUCK 1995 GMC BOOM TRUCK W/MANITEX 956 CRANE 2000, 2000, 1989,1997 MACK DM686 TRI-AXLE DUMP TRUCKS 2001, 2001,1997 MACK RW 13 TRUCK TRACTORS 1992 LOADKING50.TONLOWBOYTRAILER 1992 LOADKING ROCK HAULER TRAILER 1994 BORCO DUMP TRAILERS 1992 MILLER 600D WELDER ` 1993 BOBCAT MODEL 753 1997 BOBCAT MODEL 753 ~~~ STATE OF FLORIDA DEPARTMENI OF BUSIS1E33 AND PROFESSIONAL REGULATION CONSTRUCTION INDIISTRY LICENSING HOARD (B50) 487-1395 ^"~ TALLABASSEBMONROE STRELT32399-0783 I .. ... PRZCR, CZNDI M D S EARINS CONSTRUCTION CORP PO HOX 530185 LAKE PARR FL 33403 .- --~~~-"~' Al:i y459850 DEPARTMENT OP BIISIN895 AND ~PROPBSSZONAL REGULATION CGC036066 06/23/04 030740459 C8RT28IED. GENERAL CONTRACTOR FRICR, CINDI~M D S EAXINS .CONSTRUCTION CORP I8 CBATIPI~ ma.r tG peevy.yeoa ea eG.489 ae. ams..um a.e.~ AIIG 31. 2006 toaotloaaaa DETACH HERE ace 14 5 9 8 5 0 STATE OF FLORIDA DEPARTMEONSTRUCTION INDII TRyRLICENSING BOARD TION SEQ/~L04062302105 • LICENSE N8R O6 23 2004 030740459 CGC036066 The GENERAL CONTRACTOR .. ... nameC below I9 CERTIFIED - IInder the provisions of Chapter 489~FS. ~. Expiration date: AIIG 31, 2006 .. FRICR, CINDI M - -~_~ 3 EARIN9 CONSTRUCTION CORP 4~8$ P~TIC ROAD gL 33403 JE8 BIISR DIANE CARR GOVERNOR SECRETARY DISPLAY AS REQUIRED BYLAW K.C %CNe u' iW -"'DETACH ANO DISPLAY 90TTUM wk11UN, Nf1U kCCY YYYCkwttllVN wK~UYK Ke..~n~+ .20A1-14946,STATE OF FLORIDA CW-001 PALMBEACH COUNTY cLnsslFlcAnoN OCCUPATIONAL LICENSE ;EXPIRES:SEPTE,MB'ER - 30- 2006.. ~~~-"~~ GWIDE 5369.60 D S EAKINS CONSTRUCTION CORP ~ ~ ~~" LOCATED AT - FRICK CINDI M ~ ~~j48tgNEfIC ROAD - ;OON~pE MUNICIRAL LICENSE LAKE PARK FL 33403 TOTAL S36s.60 nlMmeyllnnaadatahrna0dnaafatMPM~lecNNnOoR~ TH15L4NOTABILL-DO NOT PAY 1hrt dq A Ocb6x and a11dOW on i1M WlOallt tlayMSePbMIM* M enppeMtlM Ulmlllaaa,p~alan eremlpOON OE .. . GENERAL CONTRACTOR PAID. PBC TA%COLLECTOR CGC0380~ 5759.s000C 322035330}27-2005 JOHN K. CLARK, CFC THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR, PALM BEACH COUNTY TAX COLLECTOR „~,,,-,,,,,.....,u.,.,., ems. ivm wK 1 Nrv, wnU KEEP UPPER PORTION FOR YOUR RECORDS "" 20 0 1-1 49 44 SPATE OF FLORIDA OC-032 PALM BEACH COUNTY cLASSIFICAnoN OCCUPkT10NAL LICENSE EXPIRES: $EPTEhIBER - 30- 2006 D S EAKINS CONSTRUCTION CORP ~" LOCATED AT - CNTY S99.p0 FRICK CINDI M 1481 KINETIC ROAD L/iKE PARK FL 33403 ~- ~ ~ TOTAL 599.00 b hrahy OanaW at aEwe Rddleae fa Ule pariotl haYlnnhtCa4 tlN ~- Rratday of Ocloher and ending an UM MOtlsN dry ol3epLamEar to THIS IS NOT ABILL - DO NOT PAY engage in the hwlwaa, profaslon or oeeupstlon oY. GENPJtAL TANTRACTOR PALO. PBC TAX COLLECTOR CGC036048 399.00 OCC 322 03530 0427-2005 JOHN K. CLARK, CFC ~ THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR PALM BEACH COUNTY TAX COLLECTOR __...- ...............-,. ~ w, , um rVK 1IVN, ANO I(EEP UPPER PORTION FOR YOUR RECORDS'-' 200'1-14942 STATE OF FLORIDA OS-012 PALM BEACH COUNTY clASSIFIUnoN OCCUPATIONAL LICENSE _ EXPIRES: SEPTEMBER - 30- 2006 D S EAKINS CONSTRUCTION CORP "LOCATED AT CNTY $33.00 EAKINS DOUGLAS S 8 SANDI F 1481 KINETIC ROAD LAKE PARK FL 33403 TOTAL 533.00 fe hamhy llalMad MaEavs address far the parlad Deplnnln0 on ttM - . nmtaryelOctaWrandsndMponttmthiNeNdryafssplemhmto THI3~13NOTABILL-DO NOT PAY engage In OM husinass, prdsasian a eeaupatlen et ' - EQUIPMENT RENTAUNEAVY PAID. PBC TAX COLLECTOR 533.00 OCC 322035320427-2005 JOHN K. CLARK, CFC THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR PALM BEACH COUNTY TAX COLLECTOR EXffiBIT °CB" Contractor's proposal RUG-10-2006 16=23 TO: Village of North Pal ATTEN: Jorge Santos JOB LOCATION: Pelicl JOB DESCRIPTION: D Course. 1080 LOCATIONS BY: 1-80C PIPECREW DEWATERING TRUCKING PIPE-PVC 8 FITTING / 4 PIPE-DIP 8 FITTINGS /' DIRECTIONAL BORE C-BASIN E-BASIN MANHOLE PLOWABLE FILL CONCRETE PUMP CONCRETE WORK CONCRETE DRIVE CONCRETE CURB CONCRETE SAW CUT FENCE REPAIR ROAD BASE PAVING TY; # 4 atone SOD MOT TESTING BRICK -BLOCK - CEME' D 5 ERKINS 5618a~',0009 P. 01 POST OFFlC~ BOX 530185 LAKE PARK, FLQRIOA 33403 (561 j 842-0010 Beach Way 6 Shore Or, Easterly to Golf Coves PHONE: 691-3440 FAX: 626-5889 DATE: 8-10-06 ESTIMATE # O6-OOfi9 lional Bore new 8" irrigation line from Pelican Way to Lake at GoH of 8" HOPE - SOR91 Pipe 8 remove existing pipe from storm drain HRS 120 Q 300.00 $ 38,000.00 HRS @ 40.00 0.00 HRS 20 Q 70.00 1,400.00 TER OR SEWER FOOTAGE 1200 24,000.00 .TER OR SEWER FOOTAGE FOOTAGE 1780 101,480.00 DEPTH AMOUNT 1,000.00 500.00 AMOUNT 10 CY 100.00 S-3 AMOUNT 5 Ton 375.00 AMOUNT AMOUNT 4,000 SF 2,000.00 500.00 OAO - HYDRO 9,000.00 TOTAL ESTIMATE $ 168,355.00 TOTRL P.01 EXHIBIT "C" Scone of Work • Excavate and expose existing supply line in front of 700 Pelican Road. • Execute directional boring from 700 Pelican Road to Swale azea to the west of 876 Country Club Drive, traversing under the North Palm Beach Waterway. • Excavate Swale from 876 to 860 Country Club Drive. • Excavate easement between 860 and 864 Country Club Drive. • Install new 8" pipe in exposed trench. • Connect new pipe to existing supply line in front of 700 pelican Road. • Reinstall shut off valve and flow meter at Country Club supply pond. • Return all landscape to condition prior to the execution of project. • Remove old supply line from drain pipe. +� oowiiw �,U � o• r � a tits F. _ •, ire^ P w L �"�1 d ri 3 Y T E3 j' RYi V prat o — y IT es of•r# y, - c. Vr i- #e rt*'•-""' "� ^l:.j i t � of A a � ✓ F. f�