SECTION INVITATION TO BID. The Village Council, Village of Palm Springs, Florida, will receive sealed bids for: BID NO.

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1 SECTION INVITATION TO BID The Village Council, Village of Palm Springs, Florida, will receive sealed bids for: BID NO.: 2018B-012 PALM SPRINGS FITNESS PARK BID DATE: October 18, 2018 BID TIME: 2:00 PM At 226 Cypress Lane, Palm Springs, Florida, At such time, all sealed bids received will be opened in public and read aloud by the Village Manager or his designee. It is the responsibility of the Bidder to ensure that all pages are included. Therefore, all Bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to the Village of Palm Springs. Quotations are requested for furnishing the goods/services as described herein and in accordance with applicable terms, conditions and specifications as set forth herein without any modification, change or alterations to any terms, conditions or provisions of this solicitation, unless specifically approved in writing by the Village. Each bid shall be accompanied by a certified check, cashier's check or bid bond in the amount of five percent (5%) of the total bid amount. Said check or bond shall be made payable to the entity soliciting the bid as the owner of the project, and shall be given as a guarantee that the bidder, upon receipt of the notice of intent to award the contract, will enter into an agreement with the owner, and will furnish the necessary documents including, but not limited to; insurance certificates, Payment Bond and Performance Bond; each of the said bonds to be in the amount stated herein. In case of refusal or failure to enter into said agreement, the check or bid bond, as the case may be, shall be forfeited to the owner. All bonds shall be written by a surety company of recognized standing, authorized to conduct business in the State of Florida, and shall have a registered agent in the State of Florida. By submitting an offer which is accepted by the Village, a binding contract is formed in accordance with the terms, conditions and specifications as set forth in this Invitation to Bid (ITB). Bid documents may be downloaded from: (a) Demandstar website (b) Purchasing webpage on the Village of Palm Springs Bidders who obtain Solicitations from sources other than those named above are cautioned that the Bid package may be incomplete. The Village will not evaluate incomplete Bid packages. Demandstar is an independent entity and is not agent or representative of the Village. Communications to Demandstar do not constitute communications to the Village. The Village is not responsible for errors and omissions INVITATION TO BID

2 occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. In the event of any discrepancy between information on these websites and the Solicitation documents, the terms and conditions of the Solicitation documents will prevail. A non-mandatory pre-bid conference will be held in the Village Council Chambers located at Village Hall, 226 Cypress Lane, Palm Springs, Florida, at 2:00 P.M. local time on October 4, Attendance at the pre-bid conference is NOT mandatory. In accordance with the Palm Beach County Lobbyist Registration Ordinance and the VILLAGE s procurement code, the VILLAGE s procurement code of silence will be in effect as of the deadline to submit a response to this Invitation to Bid. A complete copy of the VILLAGE s procurement code is available online at under the VILLAGE s code of ordinances (Section 58-5). All Bidders are highly encouraged to review the same. In summary, the cone of silence prohibits communication between certain VILLAGE officials, employees and agents and any entity or person seeking to be awarded a contract (including lobbyists and potential subcontractors). The code of silence terminates at the time of award, rejection of all responses or some other action by the VILLAGE to end the selection process. VILLAGE OF PALM SPRINGS By: Kimberly Wynn, Village Clerk Publish: Lake Worth Herald and Demandstar September 13, INVITATION TO BID

3 SECTION INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (EJCDC Document No , 1996 Edition) have the meanings assigned to them in the GENERAL CONDITIONS. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof Bidder - one who submits a Bid directly to OWNER as distinct from a sub-bidder, who submits a bid to a Bidder Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered Successful Bidder - the most responsible and responsive Bidder to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. 1.4 Bidding Documents includes the Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents may be obtained as indicated in Section Invitation to Bid. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of OWNER's request written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below (or in Section SUPPLEMENTARY CONDITIONS). 3.1 Each Bid must contain evidence of Bidder's qualification to do business in the State/County where the Project is located or covenant to obtain such qualification prior to executing the Agreement. 3.2 Provide a minimum of five (5) similar projects which have been completed within the past ten (10) years per Section Bidder Qualifications Questionnaire, Article 12, including project description, final project cost, owner=s name, address, and phone number INSTRUCTIONS TO BIDDERS

4 3.3 Provide a list of work currently under contract. 3.4 Provide a list of equipment available to be committed to perform the Work contemplated under this contract. 3.5 Complete and provide Section Bidder Qualifications Questionnaire. 3.6 Section Public Entity Crimes pursuant to Section (1995), Florida Statutes, on Public Entity Crimes. 3.7 Complete and provide Section Statement Under Section Florida Statutes on Drug-Free Workplace. 3.8 Complete and provide Section Non-Collusive Affidavit. 3.9 Current Certificate of Liability Insurance per the requirements of Section 00815, Articles SC-5.04 and SC-5.06, A. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid: To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below); To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance, or furnishing of the Work; To consider federal, state and local Laws and Regulations that may affect cost, progress, performance, or furnishing of the Work; To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; and To promptly notify ENGINEER of conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities or others, and OWNER does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the SUPPLEMENTARY CONDITIONS. 4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraph 4.02 of the GENERAL CONDITIONS. 4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any INSTRUCTIONS TO BIDDERS

5 additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.5 On request in advance, OWNER will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. 4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to OWNER in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified, cashier, or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the GENERAL CONDITIONS. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the INSTRUCTIONS TO BIDDERS

6 award may be retained by OWNER until the earlier of the seventh day after the Effective Date of the Agreement or the forty-sixth day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. CONTRACT TIME The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in Section Bid Form and Section Agreement. 8. LIQUIDATED DAMAGES AND INDEMNIFICATION 8.1 Provisions for liquidated damages, if any, are set forth in Section Agreement. 8.2 All bidders must comply with the indemnification requirements of paragraph 6.20 of the GENERAL CONDITIONS, Section SUBSTITUTE OR "OR-EQUAL" ITEMS The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "orequal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Paragraph 6.05 of the GENERAL CONDITIONS and may be supplemented in the General Requirements. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS Each Bid must identify the names and addresses of Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment listed in Section Bid Form. If requested, the apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid opening submit to OWNER a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by OWNER. If OWNER or ENGINEER after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If apparent Successful Bidder declines to make any such substitution, OWNER may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid Security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom OWNER or ENGINEER does not make written objection prior INSTRUCTIONS TO BIDDERS

7 to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of each acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the GENERAL CONDITIONS In contracts where the Contract Price is on the basis of the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to OWNER those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with OWNER's written consent No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person or organization against whom CONTRACTOR has reasonable objection. 11. BID FORM 11.1 The Bid Form is included with the Bidding Documents All blanks on the Bid Forms must be completed in ink or typewritten. The bid price of each item on the form must be stated in words and numerals: in case of conflict, words will take precedence Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature All names must be typed or printed below the signature The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form) The address and telephone number for communications regarding the Bid must be shown Project bid item entries Where applicable, Bids must be priced on a lump sum basis for the base contract and include a separate price for each alternate described in the Specifications as provided for in the Bid Form. The price of the Bid for each alternate will be the amount to be added to or deducted from the price of the base Bid if OWNER selects the alternate. Alternate bids shall include such amounts as the Bidder deems proper for overhead and profit Where applicable, unit price bids must be priced on a unit price basis for the bid item described in the Specifications as provided for in the Bod Form. Unit prices shall include such amounts as the Bidder deems proper for overhead and profit Where applicable, the miscellaneous allowance bid prices shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances named in the Contract Documents as provided in GC INSTRUCTIONS TO BIDDERS

8 12. SUBMISSION OF BIDS 12.1 Bids shall be submitted before the time and at the place indicated in the Invitation to Bid and shall be submitted in an opaque sealed envelope. The envelope shall be marked on the exterior with the Project title and, if applicable, the designated portion of the Project for which the Bid is submitted and with the name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "SEALED BID ENVELOPE ENCLOSED" on the face thereof More than one Bid received for the same work from an individual, firm or partnership, a Corporation or Association under the same or different names will not be considered. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the same work will cause the rejection of all such Bids in which the Bidder is interested. If there are reasonable grounds for believing that collusion exists among the Bidders, the Bids of participants in such collusion will not be considered The following Sections of the Contract Documents and other information shall be submitted with the Bid: Section Bid Submission Checklist Section Bid Form Section Bidder Qualifications Questionnaire Section Electronic File(s) Disclaimer Section Bid Bond Section Public Entity Crimes Section Drug-Free Workplace Section Non-Collusive Affidavit Insurance Certificates Anti-kickback Affidavit Certification of Eligibility of General Contractor Certification of Non-segregated Facilities 12.4 Submit one (1) original and two (2) copies of all required bid documents. Original shall be clearly marked AOriginal@. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents INSTRUCTIONS TO BIDDERS

9 14. OPENING OF BIDS 14.1 Bids will be opened and (unless obviously non-responsive) read aloud publicly. A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE 15.1 All bids will remain subject to acceptance for ninety (90) calendar days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to that date Extensions of time when Bids shall remain open beyond the ninety (90) calendar day period may be made only by mutual agreement between OWNER, the Successful Bidder, and the surety, if any, for the Successful Bidder. 16. AWARD OF CONTRACT 16.1 OWNER reserves the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsible or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum The bid to be awarded to the lowest responsive, responsible bidder. If the first lowest responsive, responsible bid is found to be unacceptable (non-responsive, non-responsible) then the second lowest responsive, responsible bidder is to be evaluated. Contracts are awarded by the VILLAGE to the best responsible bidder whose bid represents the most advantageous bid to the VILLAGE, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards hereinafter set out. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an improper award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the Bidder and the VILLAGE is satisfied that the best responsible Bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified Criteria to be utilized by OWNER for evaluating and determining the lowest, responsible and responsive Bidder includes, but is not limited to, the following: Ability of Bidder to meet published project specifications Bidder's experience and references, including but not limited to, the reputation, integrity, character, efficiency, experience, skill, ability and business judgement of the Bidder, the quality of performance of Bidder under previous contracts, the subcontractors and other persons providing labor or materials to Bidder Bidder's qualifications and capabilities, including but not limited to the size, financial history, strength and stability of the business to perform the work of the INSTRUCTIONS TO BIDDERS

10 Contract, the possession of necessary facilities and equipment and the quality, availability and adaptability thereof to the particular use(s) required Whether Bidder can provide the equipment promptly or within the time specified, without delay or interference Previous and existing compliance by Bidder with laws, ordinances and regulations relating to the Contract or service Preference will be given for a tie bid to the location of the bidder s operation, maintenance and repair facilities as follows: Bidder located within Palm Beach County Bidder located within 100 miles of the Village of Palm Springs Bidder located within the State of Florida Bidder located outside the State of Florida Bid Price If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within ninety (90) calendar days after the day of the Bid opening. 17. CONTRACT SECURITY 17.1 Paragraph 5.01 of the GENERAL CONDITIONS and the SUPPLEMENTARY CONDI- TIONS set forth OWNER's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required Performance and Payment Bonds. 18. SIGNING OF AGREEMENT 18.1 When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten (10) calendar days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within fifteen (15) calendar days thereafter OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. SALES AND USE TAXES 19.1 The CONTRACTOR shall pay all applicable sales, consumer, use and other similar taxes required by law. The CONTRACTOR is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 20. PREBID CONFERENCE INSTRUCTIONS TO BIDDERS

11 20.1 A prebid conference will be held at 2:00 P.M. on the 4 th day of October, 2018 at the Village of Palm Springs Council Chambers located at 226 Cypress Lane, Palm Springs, Florida. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are not required to attend and participate in the conference. VILLAGE/ENGINEER will transmit to all prospective bidders of record such Addenda as VILLAGE/ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 21. QUESTIONS 21.1 Questions shall be submitted in writing to: Ms. Kimberly Wynn, Village Clerk Village of Palm Springs 226 Cypress Lane Palm Springs, FL (561) ; (561) (Fax) kwynn@vpsfl.org 22. MISCELLANEOUS INFORMATION 22.1 VILLAGE Code of Ordinances Provisions Public Entity Crimes Act. In accordance with the Public Entity Crimes Act contained in F.S. ' , and the VILLAGE requires that vendors supplying goods or services in the amount of $25, or more must acknowledge receipt of information about the law, and compliance with the statutory provisions. A public entity crime is a violation of law related to the transaction of business with any public entity involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation Drug-Free Workplace. The VILLAGE is a drug-free work place and has adopted a substance abuse policy in accordance with and pursuant to F.S. ' In order to maintain a drug-free work place the VILLAGE requires that bidders furnishing services on site at VILLAGE facilities abide by the policy, and provide certification that the bidder and each subcontractor used by the bidder, on site, has implemented a drug-free work place program in compliance with F.S. ' Nondiscrimination. The VILLAGE is an equal opportunity employer, and it is the VILLAGE=s policy to provide equal opportunity to all vendors consistent with the laws of the state. The VILLAGE intends to prohibit illegal discrimination against any person or business in pursuit of these opportunities based on race, color, national origin, religion, sex, age, or disability Cone of Silence. In accordance with the Palm Beach County Lobbyist Registration Ordinance and the VILLAGE=s procurement code, the VILLAGE=s procurement cone of silence will be in effect as of the deadline to submit a response to this Invitation to Bid. A complete copy of the VILLAGE=s procurement code is available online at under the VILLAGE=s code of ordinances (Section 58-5). All Bidders are highly encouraged to review the same. In summary, the cone of silence prohibits communication between certain VILLAGE officials, employees and agents and any entity or person seeking to be awarded a contract (including lobbyists and potential subcontractors). The cone of silence terminates at the time INSTRUCTIONS TO BIDDERS

12 of award, rejection of all responses or some other action by the VILLAGE to end the selection process. 23. ELECTRONIC PROJECT DOCUMENTS 23.1 Upon request, electronic files will be issued by ENGINEER CONTRACTOR must sign and provide Section Electronic File(s) Disclaimer with Bid All electronic project documents will be issued in Adobe.pdf format When printing electronic drawing files, page scaling shall be set to ANone@ CONTRACTOR shall be solely responsible for confirming document sets are complete and documents are printed to correct scales. END OF SECTION INSTRUCTIONS TO BIDDERS

13 SECTION BID SUBMISSION CHECKLIST Project Name: Palm Springs Fitness Park Bid Number: 2018B-012 Bidders Name: The following items must be submitted in the following order with your bid: 1. Completed Section Bid Submission Checklist. 2. Completed Section Bid Form. 3. Completed Section Bidder=s Qualifications Questionnaire and applicable attachments. 4. Completed Section Electronic File(s) Disclaimer. 5. Completed Section Bid Bond, complete with Power of Attorney. 6. Completed Section Public Entity Crimes. 7. Completed Section Drug-Free Workplace. 8. Completed Section Non-Collusive Affidavit. 9. Provide requested bidder qualification information per Section Instructions to Bidders, Articles 3.1, 3.2, 3.3, and Current insurance certificate showing that bidder can meet the insurance requirements per Specification Section Supplementary Conditions, Article SC-5.04 and SC-5.06, A. 11. Signed copy of all Addenda. 12. Anti-kick back Affidavit 13. Certification of Eligibility of General Contractor 14. Certification of Non-segregated Facilities 15. Palm Beach County Department of Housing & Economic Sustainability Requirements for Federally Funded Projects document 16. Davis Bacon Wage Decision Document BID SUBMISSION CHECKLIST

14 Submit one (1) original and two (2) copies of all documents listed above. Original shall be clearly marked Failure to provide the above listed items may result in your bid being deemed non-responsive. END OF SECTION /17/11 BID SUBMISSION CHECKLIST

15 SECTION Attachment 4 PROJECT IDENTIFICATION Project Name: Palm Springs Fitness Park ENGINEER's Project Number: Project Dated: September 20, 2018 Bid Number: 2018B-012 THIS BID IS SUBMITTED TO OWNER: Village of Palm Springs Address: 226 Cypress Lane, Palm Springs, Florida BIDDER Name: Address: NAME OF PERSON TO CONTACT FOR ADDITIONAL INFORMATION ON THIS BID DATE: Name: Telephone Number: 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for forty-five (45) days after the Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of OWNER's Notice of Award 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: BID FORM

16 A. BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number B. BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. C. BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the SUPPLEMENTARY CONDITIONS as provided in paragraph 4.02 of the GENERAL CONDITIONS, and accepts the determination set forth in paragraph SC-4.02 of the SUPPLEMENTARY CONDITIONS of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. D. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in C above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.02 of the GENERAL CONDITIONS; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. E. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.04 of the GENERAL CONDITIONS. F. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. BID FORM

17 G. BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. H. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidding or over OWNER. 4. BIDDER agrees that the construction of the Project will be substantially complete within 120 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the GENERAL CONDITIONS, and completed and ready for final payment within 150 calendar days after the date when the Contract Time commences to run. BIDDER accepts the provisions of the Agreement as to liquidate damages in the event of failure to complete the Work on time. 5. BIDDER agrees that all Federal, State and local sales and use taxes are included in the stated bid prices for the Work. 6. BIDDER agrees that all allowances have been included in the TOTAL LUMP SUM BID. 7. TOTAL LUMP SUM BID BIDDER agrees to accept as full payment for the lump Sum Work proposed under this Project as herein specified and as shown on the Drawings, based upon the undersigned's own estimate of quantities and costs, the following lump sum of: Dollars and Cents $ This amount includes Indemnification as outlined in paragraph 6.20 of the GENERAL CONDITIONS. 8. TOTAL LUMP SUM BID BREAKDOWN For the sole purpose of evaluating bids, the following general breakdown of the total LUMP SUM BID is to be given. If so requested by the ENGINEER, the CONTRACTOR shall substantiate any price or prices with additional detailed price breakdown. In the event of discrepancy between the written lump sum stated in LUMP SUM BID and the arithmetic total of the following BIDDER BREAKDOWN, the lump sum stated in writing above shall have precedence. (The Bidder must submit with this Proposal the apportioned amounts for the items listed below.) BID FORM

18 Estimated Bid Unit Bid Price Item Description Unit Quantity Price 1. Mobilization LS 1 $ $ 2. Demolition and removal of existing Playground equipment LS 1 $ $ 3. Install 6 Sidewalk (6 Thick) LF 37 $ $ 4. Furnish and Install Silt Fence LF 655 $ $ 5. Furnish and Install Split Rail LF 393 $ Fencing 6. Install 6 Concrete Slab SY 201 $ $ 7. Furnish and Install Palm Hedge. LS 1 $ $ 8. Furnish and Install 40 x 48 Fabric top shade shelter LS 1 $ $ 9. Furnish and Install Outdoor Fitness Equipment as noted or equivalent LS 1 $ $ 10. Furnish and Install bike rack LS 1 $ $ 11. Furnish and Install trash/recycling Receptacles LS 1 $ $ 12. Furnish and install St Augustine Sod SY 700 $ $ 13. Install drinking fountain LS 1 $ $ 14. Furnish and install park benches LS 1 $ $ 15. Contingency (10%). $ $ Subtotal Bid Amount $ TOTAL OF ALL BID PRICES $ BID FORM

19 9. BID AMOUNT FOR ALTERNATIVE ITEMS The following item(s) shall be bid separate from the Total Lump Sum Bid Amount above. Removal and roll up of existing chain link fencing. Provide and Install irrigation at the site. Provide the amount to be included, add or (decrease), in the Lump Sum Bid if the following item(s) are constructed. See Specification Section Summary of Work. Total Item Description (Written) Amount (Figure) 1 Removal and roll up of chain link fence 2 install irrigation lines in common area 10. The CONTRACTOR shall submit a detailed price breakdown to the ENGINEER at the preconstruction conference. The price breakdown as reviewed and agreed upon by the CONTRACTOR, ENGINEER and OWNER shall be used for preparing future estimates for partial payments to the CONTRACTOR, and shall list the major items of the work and a price for each item. Price breakdown shall be by Specification Section for each area of the project. Overhead, other general costs, and profit shall be prorated to each item so that the total of the prices for all items equals the lump sum price. The price breakdown shall be subject to the review of the ENGINEER, and the CONTRACTOR may be required to verify the prices for any or all items. 11. At the preconstruction conference, the BIDDER shall submit a complete detailed schedule of shop drawing submittals which will show lead time for: Date of Planned submittal. Date of anticipated receipt of review (usually three weeks after submittal). Delivery lead time. Anticipated installation date. 12. The BIDDER further certifies that the following subcontracting firms or businesses will be awarded subcontracts for the following portions of the work in the event that the bidder is awarded the Contract: BID FORM

20 ADDITIONAL CONTRACTOR Name Street City ADDITIONAL CONTRACTOR Name Street City (The following spaces are provided for any additional subcontractors.) Name Street City Name Street City 13. The BIDDER states that he is an experienced CONTRACTOR and has completed similar projects within the last five years. (List similar projects, with types, names of clients, construction costs, and references. Use additional sheets if necessary.) 14. If BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business address BID FORM

21 Phone No.: A Partnership By (Seal) (Firm Name) (General Partner) Business address Phone No.: A Corporation By (Incorporation Name) (State of Incorporation) (Name of Person Authorized to Sign) (Title) (Corporate Seal) Attest (Secretary) Business address Phone No.: A Joint Venture By (Name) (Address) By (Name) (Address) BID FORM

22 (Each joint venturer must sign. The manner for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). END OF SECTION BID FORM

23 SECTION BIDDER QUALIFICATIONS QUESTIONNAIRE The BIDDER guarantees the truth and accuracy of all statements and answers herein contained. Include additional sheets if necessary. Print in ink or type all answers. In order to receive bid award consideration on this bid, this Qualifications Questionnaire should be completed and returned with your bid. This information may be used in determining the bid award for this project. CONTRACTORS proposing to be qualified to perform the Work are advised that they must address each item of this questionnaire. 1. How many years has the BIDDER identified on signature of Bidder page been in business? Years 2. General Contractor s License Number (attach copy):. 3. Attach documents demonstrating evidence of BIDDER s qualifications to do business in Palm Beach County, Florida. 4. What is the last project of this nature (similar scope) that you have completed? (Owner, Engineer contact, Contract Time, Bid Value, Final Contract Amount, identify completion date). Project Title: Owner Contact: Engineer Contact: Ph: Ph: Contract Time: days Bid Value: Final Contract Amount: Completion Date: 5. Have you ever failed to complete work awarded to you? If so, where and why. _ 6. Have you personally inspected the proposed work and have you a complete understanding and plan for its completion? 7. Will you subcontract any part of this work: If so, give details: Name of Subcontractor Work to be Performed QUESTIONNAIRE

24 8. What equipment do you own that is available for the work? (Attach additional listing if necessary.) _ 9. What equipment will you purchase for completing the proposed work: 10. What equipment will you rent for completing proposed work: 11. Provide a summary Financial Statement of the undersigned bidder: (List Assets and Liabilities and use insert sheet if necessary.) _ 12. BIDDER to identify a minimum of five (5) satisfactory references that are for similar work. Similar shall refer to: canal grading, site work, scope, cost, and complexity completed within the last ten (10) years. The references are to demonstrate that the bidder has been continuously and actively engaged in this type of work over the last five (5) year period. Of the five (5) satisfactory references for similar work, a minimum of two (2) shall be from the past five years. The work being inclusive of aluminum bridge installation, canal grading, installation of rubble riprap, site work, and coordination of multi-trade subcontractors. The VILLAGE may not award a bid to any BIDDER who cannot prove to the satisfaction of the VILLAGE that the Corporation/Partnership/Individual identified on the Bid Form has satisfactory written references for similar work. References that are from a Parent Corporation or affiliated Subsidiary shall not be submitted as a reference and will not be considered by the VILLAGE. Additional references may be submitted as an attachment. BIDDERS ARE RESPONSIBLE FOR CHECKING CONTACTS AND PHONE NUMBERS TO VERIFY BIDDER QUALIFICATIONS QUESTIONNAIRE

25 INFORMATION IS ACCURATE. a. Project Name: Owner/Entity Name: Address: City, State, Zip: Owner Contact Title: Ph No.: Start Date of Project: Completion Date of Project: Summary of Project: Similar Reference type: (check all that apply) Other Similar Equivalent Work b. Project Name: Owner/Entity Name: Address: City, State, Zip: Owner Contact Title: Ph No.: Start Date of Project: Completion Date of Project: Summary of Project: QUESTIONNAIRE

26 Similar Reference type: (check all that apply) Other Similar Equivalent Work c. Project Name: Owner/Entity Name: Address: City, State, Zip: Owner Contact Title: Ph No.: Start Date of Project: Completion Date of Project: Summary of Project: Similar Reference type: (check all that apply) Other Similar Equivalent Work d. Project Name: Owner/Entity Name: Address: City, State, Zip: Owner Contact Title: Ph No.: Start Date of Project: Completion Date of Project: Summary of Project: BIDDER QUALIFICATIONS QUESTIONNAIRE

27 Similar Reference type: (check all that apply) Other Similar Equivalent Work e. Project Name: Owner/Entity Name: Address: City, State, Zip: Owner Contact Title: Ph No.: Start Date of Project: Completion Date of Project: Summary of Project: Similar Reference type: (check all that apply) Other Similar Equivalent Work f. Project Name: Owner/Entity Name: Address: City, State, Zip: Owner Contact Title: Ph No.: Start Date of Project: Completion Date of Project: Summary of Project: QUESTIONNAIRE

28 Similar Reference type: (check all that apply) Other Similar Equivalent Work 13. Provide (attach) evidence that BIDDER can provide the minimum insurance requirements per Section Supplementary Conditions, Article SC-5.04 and SC Declaration of Work Components Schedule Minimum of 25% of work to be completed by bidder identified on Signature of Bidder Form. (Mobilization, administration, overhead, general conditions and profit may not be included as minimum work components). Work Components that make up the above minimum are as follows: Work Components that will be provided by subcontractors are as follows: END OF SECTION BIDDER QUALIFICATIONS QUESTIONNAIRE

29 SECTION PERFORMANCE BOND BY THIS BOND, We,, as PRINCIPAL, and, a corporation, as SURETY, are bound to the Village of Palm Springs, Florida, a municipal corporation, herein called OWNER, in the sum of $ for payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if PRINCIPAL: 1. Performs the contract dated, 20, between PRINCIPAL and OWNER for construction of the Palm Springs Fitness Park, the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section (1), Florida Statutes, supply PRINCIPAL with labor, materials, or supplies, used directly or indirectly by PRINCIPAL in the prosecution of the work provided for in the contract; and 3. Pays OWNER all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that OWNER sustains because of a default by PRINCIPAL under the contract, and; 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety s obligation under this bond. Dated on, 20. Principal-Contractor: (Seal) By: (Principal) Surety: (Seal) By: As Attorney in Fact (Power of Attorney to be Attached) By: (Florida Resident Agent) END OF SECTION PERFORMANCE BOND