pressure cleaning - pbc bid

8/13/2019 Pressure Cleaning - Pbc Bid

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Board of County Commissioners County Administrat

Jeff Koons, Chairman Robert WeismaBurt Aaronson, Vice ChairmanKaren T. MarcusShelley VanaSteven L. AbramsJess R. Santamaria Purchasing DepartmePriscilla A. Taylor

www.pbcgov.com/purchasi

BOARD OF COUNTY COMMISSIONERSNOTICE OF SOLICITATION

10-017/AR

REQUEST FOR PRE-QUALIFICATION OF VENDORSFOR PRESSURE CLEANING SERVICES, BUILDINGS ONLY,

ON AN AS NEEDED BASIS

SUBMISSION DATE: DECEMBER 3, 2009 AT 2:00 P.M.

It is the responsibility of the respondent(s) to insure that all pages are included. Therefore, all respondent(s) are advised closely examine this package. Any questions regarding the completeness of this package should be immediately directed Palm Beach County Purchasing Department (561) 616-6800.

RESPONDENT(S) SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL, SIGNED IINK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SSHALL BE CAUSE FOR REJECTION OF YOUR SUBMITTAL.

Please use our website (www.pbcgov.com/purchasing) as a resource for obtaining useful information about the Purchasin

Department and for receiving updated information regarding additional business opportunities with the County.

C A U T I O NAs they are issued, all amendments to solicitations will be posted under the applicable solicitation on our website at

http://www.pbcgov.com/purchasing. It is the vendors sole responsibility to routinely check this website for anyamendments that may have been issued prior to responding to all solicitations.

Palm Beach County shall not be responsible for the completeness of any Request for Pre-Qualification that was notdownloaded from the above website or obtained directly from the Purchasing Department.

In accordance with the provisions of ADA,this document may be requested in an alternate format.

50 South Mili tary Trai l, Suite 110, West Palm Beach, FL 33415-3199(561) 616-6800 FAX: (561) 616-6811


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BOARD OF COUNTY COMMISSIONERSPalm Beach County

Request for Pre-Qualification

REQUEST #:10-017/AR

TITLE:PRE-QUALIFICATION OF VENDORS FORPRESSURE CLEANING SERVICES, BUILDINGS ONLY, ON AN AS NEEDED BASIS

PURCHASING DEPT. CONTACT: Amanda Ray, Senior Buyer TELEPHONE NO.: 561-616-6831

FAX NO.: 561-242-6731 EMAIL ADDRESS: [email protected]

All Responses will be received on or after December 3, 2009 and may continue during the term specified herein at thCounty's sole discretion.

SUBMIT QUALIFICATIONS TO:PALM BEACH COUNTY PURCHASING DEPARTMENT, ATTN.: Amanda Ray, SeniorBuyer, 50 S. MILITARY TRAIL, SUITE #110, WEST PALM BEACH, FL 33415.

This Request for Pre-Qualification, General Conditions, Instructions to Respondent(s), Special Conditions, Specifications, AttachmenAmendments (if issued), and/or any other referenced document form a part of this Request for Pre-Qualification solicitation and respon

thereto, and by reference are made a part thereof. The selected awardee(s) shall be bound by all terms, conditions and requirementsthese documents.

PURPOSE AND EFFECT: It is the sole purpose and intent of this Request for Pre-Qualifications to select a sufficient number of QualifiContractor(s) to provide the County with item(s) and/or services as listed herein. The Pre-Qualified Contractor(s) selected are hereplaced on notice that acceptance of its Request for Pre-Qualification by Palm Beach County shall constitute a binding contract.

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS

GENERAL CONDITIONS

1. GENERAL INFORMATION

Respondent(s) are advised that this package constitutes the complete set ofspecifications, terms, and conditions which in addition to the recommendedquotation, based on a project by project basis, forms the binding contract

between Palm Beach County and the successful Pre-QualifiedContractor(s). Changes to this Request for Pre-Qualification may be madeonly by written amendment issued by the County Purchasing Department.Respondent(s) are further advised to closely examine every section of thisdocument, to ensure that all sequentially numbered pages are present, andto ensure that it is fully understood. Questions or requests for explanationsor interpretations of this document must be submitted to the PurchasingDepartment contact in writing in sufficient time to permit a written responseand, if required, will be provided to all prospective respondent(s), prior toopening. Oral explanations or instructions given by any County agent arenot binding and should not be interpreted as altering any provision of thisdocument. Respondent(s) certifies that this Request for Pre-Qualification ismade without reliance on any oral representations made by the County.

The obligations of Palm Beach County under this award are subject to theavailability of funds lawfully appropriated for its purpose.

2. LEGAL REQUIREMENTS

a. COMPLIANCE WITH LAWS AND CODES: Federal, State, Countyand local laws, ordinances, rules and regulations that in any manneraffect the items covered herein apply. Lack of knowledge by theRespondent(s) shall in no way be a cause for relief from responsibility.The successful Pre-Qualified Contractor(s) shall strictly comply withFederal, State and local building and safety codes. Equipment shallmeet all State and Federal Safety regulations. Respondent(s) certifiesthat all products (materials, equipment, processes, or other itemssupplied in response to this Request for Pre-Qualification) contained inits Request for Pre-Qualification meets all ANSI, NFPA and all otherFederal and State requirements. Respondent(s) further certifies that, ifit is the successful Pre-Qualified Contractor(s), and the productdelivered is subsequently found to be deficient in any of theaforementioned requirements in effect on date of delivery, all costs

necessary to bring the product into compliance shall be borne by tPre-Qualified Contractor(s).In compliance with Chapter 442, Florida Statutes, any toxic substanresulting from this Request for Pre-Qualification shall be accompaniby a properly completed Material Safety Data Sheet (MSDS).

The Uniform Commercial Code (Florida Statutes, Chapter 672) shprevail as the basis for contractual obligations between the successPre-Qualified Contractor(s) and Palm Beach County for any terms aconditions not specifically stated in the Request for Pre-Qualification

b. DISCRIMINATION PROHIBITED: Palm Beach County is committto assuring equal opportunity in the award of contracts and compliwith all laws prohibiting discrimination. The successful Pre-QualifContractor(s) is prohibited from discriminating against any employeapplicant, or client because of race, color, religion, disability, sex, agnational origin, ancestry, marital status, or sexual orientation.

c. INDEPENDENT CONTRACTOR RELATIONSHIP: The successPre-Qualified Contractor(s) is, and shall be, in the performance of work, services, and activities under this Contract, an Independe

Contractor and not an employee, agent, or servant of the COUNTAll persons engaged in any of the work or services performed pursuato this Contract shall at all times, and in all places, be subject to tPre-Qualified Contractors sole direction, supervision, and control. TPre-Qualified Contractor(s) shall exercise control over the means amanner in which it and its employees perform the work, and in respects the Pre-Qualified Contractors relationship, and trelationship of its employees, to the COUNTY shall be that of Independent Contractor and not as employees or agents of tCOUNTY.

d. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: PursuantOrdinance 2003-030, the Palm Beach County Criminal HistoRecords Check Ordinance (Ordinance), the County shall condufingerprint based criminal history record checks on all persons nemployed by the County who repair, deliver, or provide goods services for, to, or on behalf of the County. A fingerprint based


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criminal history record check shall be conducted on all employees andsubcontractors of vendors, including repair persons and deliverypersons, who are unescorted when entering a facility determined to becritical to the public safety and security of the County. County facilitiesthat require this heightened level of security are identified in ResolutionR-2003-1274, as may be amended. The successful Pre-QualifiedContractor(s) is solely responsible for understanding the financial,schedule, and staffing implications of this Ordinance. Further, thesuccessful Pre-Qualified Contractor(s) acknowledges that its bid priceincludes any and all direct or indirect costs associated with complianceof this Ordinance, except for the applicable FDLE/FBI fees that shall

be paid by the County.

e. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach Countyto notify all bidders of the following: "A person or affiliate who has beenplaced on the convicted vendor list following a conviction for a publicentity crime may not submit a bid on a contract with a public entity forthe construction or repair of a public building or public work, may notsubmit bids on leases of real property to a public entity, may not beawarded or perform work as a contractor, supplier, subcontractor, orconsultant under a contract with any public entity, and may nottransact business with any public entity in excess of the thresholdamount provided in F.S. 287.017 for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list."

f. NON-COLLUSION: Respondent(s) certifies that it has entered into noagreement to commit a fraudulent, deceitful, unlawful, or wrongful act,or any act which may result in unfair advantage for one or more

bidders over other bidders. Conviction for the Commission of anyfraud or act of collusion in connection with any sale, bid, quotation,proposal or other act incident to doing business with Palm BeachCounty may result in permanent debarment.

No premiums, rebates or gratuities are permitted; either with, prior toor after any delivery of material or provision of services. Any suchviolation may result in award cancellation, return of materials,discontinuation of services, removal from the vendor bid list(s), and/ordebarment or suspension from doing business with Palm BeachCounty.

g. LOBBYING: Respondent(s) are advised that the Palm Beach CountyLobbyist Registration Ordinance prohibits a respondent or anyonerepresenting the respondent from communicating with any CountyCommissioner, County Commissioners staff, or any employee

authorized to act on behalf of the Commission to award a particularcontract regarding its Request for Pre-Qualification, i.e., a Cone ofSilence.

The Cone of Silence is in effect from the date/time of the deadline forsubmission of the Request for Pre-Qualification, and terminates at thetime that the Board of County Commissioners, or a CountyDepartment authorized to act on their behalf, awards or approves acontract, rejects all Request for Pre-Qualifications, or otherwise takesaction which ends the solicitation process.

Respondent(s) may, however, contact any County Commissioner,County Commissioners staff, or any employee authorized to act onbehalf of the Commission to award a particular contract, via writtencommunication i.e., facsimile, e-mail or U.S. mail.

Violations of the Cone of Silence are punishable by a fine of $250.00

per violation.

h. CONFLICT OF INTEREST: All respondent(s) shall disclose with theirRequest for Pre-Qualification the name of any officer, director, oragent who is also an employee or a relative of an employee of PalmBeach County. Further, all respondent(s) shall disclose the name ofany County employee or relative of a County employee who owns,directly or indirectly, an interest of ten percent or more in thesuccessful Pre-Qualified Contractor(s) firm or any of its branches.

i. SUCCESSORS AND ASSIGNS: The County and the successful Pre-Qualified Contractor(s) each binds itself and its successors andassigns to the other party in respect to all provisions of this Contract.Neither the County nor the successful Pre-Qualified Contractor(s) shall

assign, sublet, convey or transfer its interest in this Contract withothe prior written consent of the other.

j. INDEMNIFICATION: Regardless of the coverage provided by ainsurance, the successful Pre-Qualified Contractor(s) shall indemnsave harmless and defend the County, its agents, servants, employees from and against any and all claims, liability, losses andcauses of action which may arise from any negligent act or omissionthe successful Pre-Qualified Contractor(s), its subcontractors, agenservants or employees during the course of performing services caused by the goods provided pursuant to these Request for P

Qualification documents and/or resultant contract.

k. PUBLIC RECORDS: Any material submitted in response to tRequest for Pre-Qualification is considered a public document accordance with Section 119.07, F.S. This includes material which tresponding respondent(s) might consider to be confidential or a trasecret. Any claim of confidentiality is waived upon submissioeffective after opening pursuant to Section 119.07, F.S.

l. INCORPORATION, PRECEDENCE, JURISDICTION: This Requfor Pre-Qualification shall be included and incorporated in the finaward. The order of contractual precedence shall be the Request Pre-Qualification document (original terms and conditions), Requefor Pre-Qualification response, the recommended quotation, based a project by project basis, and purchase order or term contract ordAny and all legal action necessary to enforce the award or tresultant contract shall be held in Palm Beach County and t

contractual obligations shall be interpreted according to the laws Florida.

m. LEGAL EXPENSES: The County shall not be liable to a respondefor any legal fees, court costs, or other legal expenses arising from tinterpretation or enforcement of this contract, or from any other matgenerated by or relating to this contract.

3. REQUEST FOR PRE-QUALIFICATION SUBMISSION

a. SUBMISSION OF RESPONSES: All Request fo r Pre-Qual if icatiresponses must be submitted on the provided Request for PQualification "Response" Form. Request for Pre-Qualificatresponses on vendor letterhead/quotation forms shall not be accepteResponses must be typewritten or written in ink, and must signed in ink by an agent of the company having authority to bind t

company or firm. FAILURE TO SIGN THE REQUEST FOR PRQUALIFICATION RESPONSE FORM AT THE INDICATED PLACSHALL BE CAUSE FOR REJECTION OF THE REQUEST FOR PRQUALIFICATION. All responses will be received on or after the timindicated and may continue during the term specified. Request Pre-Qualification responses are to be submitted to the Palm BeaCounty Purchasing Department in a sealed envelope or containbearing the Request for Pre-Qualification number for proper handling

b. CERTIFICATIONS, LICENSES AND PERMITS: Unless otherwdirected in the Special Conditions of this Request for Pre-Qualificatiorespondent should include with its Request for Pre-Qualification a coof all applicable Certificates of Competency issued by the State Florida or the Palm Beach County Construction Industry LicensiBoard in the name of the respondent(s) shown on the Request for PQualification response page. It shall also be the responsibility of tsuccessful Pre-Qualified Contractor(s) to submit, prior

commencement of work, a current Business Tax Receipt for PaBeach County and all permits required to complete this contractservice at no additional cost to Palm Beach County. A Palm BeaCounty Business Tax Receipt is required unless specifically exemptby law. In lieu of a Palm Beach County Business Tax Receipt, trespondent(s) should include the current Business Tax Receipt issuto the respondent(s) in the response. It is the responsibility of successful Pre-Qualified Contractor(s) to ensure that all requircertifications, licenses and permits are maintained in force and currethroughout the term of the contract. Failure to meet this requiremshall be considered default of contract.

c. SMALL BUSINESS ENTERPRISE, PALM BEACHCOUNTY CODE, CHAPTER 2, ARTICLE III,SECTION 2-80.21 THROUGH 2-80.34


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Item 1 Policy

It is the policy of the Board of County Commissioners of Palm BeachCounty that SBEs shall have the maximum practical opportunity toparticipate in the competitive process of supplying goods and servicesto the County (Palm Beach County Code, Chapter 2, Article III,Sections 2-80.21 thru 2-80.34). This Request for Pre-Qualification issubject to the bid preference system to maximize SBE participation onan as needed project by project basis. NOTE: Individual projects shallnot exceed $49,999.

Item 2 - Contract Award Criteria

The contract award procedure for this solicitation will be under the bidpreference system to maximize SBE participation. The bid preferencesystem as provided for in Palm Beach County Code, Chapter 2, ArticleIII, Sections 2-71 thru 2-80.13 requires the award to be made to thePre-Qualified Contractor who is the lowest responsive bidder unless acertified Pre-Qualified Contractor is a SBE and is within 10% of thelowest non-SBE bid, then the award shall be made to the certified SBEPre-Qualified Contractor.

Only firms who are certified SBE, shall be eligible to receive bidpreference.

Item 3 Certific ation

The County will count toward the established SBE project goals onlythose firms that are certified by Palm Beach County or whosecertification by another jurisdiction has been accepted by Palm BeachCounty prior to the time of each Project opening in accordance withSBE Palm Beach County Code, Chapter 2, Article III, Sections 2-71thru 2-80.13. Contact the SBE Coordinator in the Office of SmallBusiness Assistance Department (561) 616-6840 for information orassistance.

Decertification

As part of the consideration for bid preference system, anyContractor(s) decertified by Palm Beach County will be ineligible toreceive bid preference.

d. CONDITIONED OFFERS: Respondent(s) are cautioned that any

condition, qualification, provision, or comment in their Request for Pre-Qualification, or in other correspondence transmitted with theirRequest for Pre-Qualification, which in any way modifies, takesexception to, or is inconsistent with the specifications, requirements, orany of the terms, conditions, or provisions of this solicitation, issufficient cause for the rejection of their Request for Pre-Qualificationas non-responsive.

NOTE:This includes quotations provided on individual projects.

e. PROJECT PRICING FOR PRE-QUALIFIED RESPONDENTS:

(1) All project pricing responses must be submitted on theResponse Form provided by the requesting department.Responses on vendor letterhead/quotation forms shall notbe accepted.

(2) Prices offered from Pre-Qualified Contractor(s) on an "asneeded basis" must be the price for new merchandise andfree from defect. Unless specifically requested in thespecifications, any quotes containing modifying or escalationclauses shall be rejected.

(3) The successful Pre-Qualified Contractor(s) shall provide fora turnkey service as stated in the Specification/Scope ofWork attached hereto and incorporated herein. Theomission of any essential detail from theseSpecifications/Scope of Work does not relieve the Pre-Qualified Contractor(s) from completing each Project in itsentirety. No additional compensation shall be allowedbeyond the price provided on the quotation as submitted foreach Project.

(4) Pre-Qualified Contractor(s) warrants by virtue of bidding (an as need basis) that prices shall remain firm for a periodten (10) days from the date of each quotation submittal other time stated in special conditions.

(5) In the event of mathematical error(s), the unit price shprevail and the Contractor(s) total offer shall be correctaccordingly.

(6) Respondents may offer a cash discount for prompt paymeHowever, such discounts shall not be considered

determining the lowest net cost for evaluation purposunless otherwise specified in the special conditionRespondents should reflect any discounts to be considerin the unit prices offered.

f. ACCEPTANCE/REJECTION OF REQUEST FOR PRQUALIFICATIONS: Palm Beach County reserves the right to acceor to reject any or all Request for Pre-Qualifications. Palm BeaCounty also reserves the right to (1) waive any non-substantiirregularities and technicalities; (2) reject the Request for PQualification of any respondent who has previously failed in the propperformance of a contract of a similar nature, who has besuspended or debarred by the County or other governmental entity, who is not in a position to perform properly under this award; and (inspect all facilities of bidders in order to make a determination as toability to perform.

Palm Beach County reserves the right to reject any offer or bid if tprices are materially unbalanced. An offer is materially unbalanced is mathematically unbalanced, and if there is reason to believe that toffer would not result in the lowest overall cost to the County, evthough it is the lowest evaluated offer. An offer is mathematicaunbalanced if it is based on prices which are significantly less than fmarket price for some bid line items and significantly greater than fmarket price for other bid line items. Fair market price shall determined based on industry standards, comparable bids or offeexisting contracts, or other means of establishing a range of curreprices for which the line items may be obtained in the market placThe determination of whether a particular offer or bid is materiaunbalanced shall be made in writing by the Purchasing Director, citithe basis for the determination.

g. NON-EXCLUSIVE: The County reserves the right to acquire some

all of these goods and services through a State of Florida contraunder the provisions of Section 287.042, Florida Statutes, provided tState of Florida contract offers a lower price for the same goods aservices. This reservation applies both to the initial award of tsolicitation and to acquisition after a term contract may be awardeAdditionally, Palm Beach County reserves the right to award othcontracts for goods and services falling within the scope of tsolicitation and resultant contract when the specifications differ frothis solicitation or resultant contract, or for goods and servicspecified in this solicitation when the scope substantially differs frothis solicitation or resultant contract.

h. PERFORMANCE DURING EMERGENCY: By submitting a Requefor Pre-Qualification, respondent(s) agrees and promises that, duriand after a public emergency, disaster, hurricane, flood, or acts God, Palm Beach County shall be given first priority for all goods aservices under this contract. Respondent(s) agrees to provide

goods and services to Palm Beach County throughout temergency/disaster at the terms, conditions, and prices as providedthis solicitation, and with a priority above, a preference over, salesthe private sector. Respondent(s) shall furnish a 24-hour phonumber to the County in the event of such an emergency. Failureprovide the stated priority/preference during an emergency/disasshall constitute breach of contract and make the Pre-QualifiContractor(s) subject to sanctions from further business with tCounty.

4. REQUEST FOR PRE-QUALIFICATION SUBMISSIONS

a. OBSERVING THE PUBLISHED REQUEST FOR PRQUALIFICATION SUBMISSION TIME: The published Request fPre-Qualification submission time shall be observed for the init


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Pre-Qualification of Contractor(s).It is the sole responsibility of therespondent(s) to ensure that their Request for Pre-Qualification arrivesin the Purchasing Department prior to the published Request for Pre-Qualification submission time. Request for Pre-Qualification responsesby telephone, electronics, or facsimile shall not be accepted.NOTE: New respondent(s) may submit their Request for Pre-Qualification at any time after the initial submission time in order to beevaluated by the Purchasing Department and added to the "Pre-Qualified" list of Contractors. Respondent(s) are cautioned that anysubmittals received after the initial requested time will be evaluated,but, could take up to thirty (30) days to do so.

5. CONTRACT ADMINISTRATION

a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall bemade as soon as possible. Deliveries resulting from this Request forPre-Qualification are to be made during the normal working hours ofthe County. Time is of the essence and delivery dates must be met.Should the successful Pre-Qualified Contractor(s) fail to deliver on orbefore the stated dates, the County reserves the right to CANCEL theorder or contract and make the purchase elsewhere. The successfulPre-Qualified Contractor(s) shall be responsible for making any and allclaims against carriers for missing or damaged items.

Delivered items shall not be considered "accepted" until an authorizedagent for Palm Beach County has, by inspection or test of such items,determined that they appear to fully comply with specifications. TheBoard of County Commissioners may return, at the expense of the

successful Pre-Qualified Contractor(s) and for full credit, any item(s)received which fail to meet the County's specifications or performancestandards.

b. FEDERAL AND STATE TAX: Palm Beach County is exempt fromFederal and State taxes. The authorized agent for Purchasing shallprovide an exemption certificate to the successful Pre-QualifiedContractor(s), upon request. Successful Pre-Qualified Contractor(s)are not exempted from paying sales tax to their suppliers for materialsto fulfill contractual obligations with the County, nor are successful Pre-Qualified Contractor(s) authorized to use the County's Tax ExemptionNumber in securing such materials.

c. PAYMENT: Payment shall be made by the County aftercommodities/services have been received, accepted and properlyinvoiced as indicated in the contract and/or order. Invoices must bear

the order number. The Florida Prompt Payment Act is applicable tothis solicitation.

d. CHANGES: The Director of Purchasing, Palm Beach County, bywritten notification to the successful Pre-Qualified Contractor(s) maymake minor changes to the contract terms. Minor changes are definedas modifications which do not significantly alter the scope, nature, or

price of the specified goods or services. Typical minor changinclude, but are not limited to, place of delivery, method of shipmeminor revisions to customized work specifications, and administratiof the contract. The successful Pre-Qualified Contractor(s) shall amend any provision of the contract without written notification to tDirector of Purchasing, and written acceptance from the Director Purchasing or the Board of County Commissioners.

e. DEFAULT: The County may, by written notice of default to tsuccessful Pre-Qualified Contractor(s), terminate the contract in whoor in part if the successful Pre-Qualified Contractor(s) fails

satisfactorily perform any provisions of this solicitation or resultacontract, or fails to make progress so as to endanger performanunder the terms and conditions of this solicitation or resultant contraand does not remedy such failure within a period of 10 days (or superiod as the Director of Purchasing may authorize in writing) afreceipt of notice from the Director of Purchasing specifying sufailure. In the event the County terminates this contract in whole orpart because of default of the successful Pre-Qualified Contractor(the County may procure goods and/or services similar to thoterminated, and the successful Pre-Qualified Contractor(s) shall liable for any excess costs incurred due to this action.

If it is determined that the successful Pre-Qualified Contractor(s) wnot in default or that the default was excusable (e.g., failure due causes beyond the control of, or without the fault or negligence of, tsuccessful Pre-Qualified Contractor(s)), the rights and obligations the parties shall be those provided in Section 5.f, "Termination

Convenience."

f. TERMINATION FOR CONVENIENCE: The Director of Purchasmay, whenever the interests of the County so require, terminate tcontract/pre-qualification process, in whole or in part, for tconvenience of the County. The Director of Purchasing shall give f(5) days prior written notice of termination to the successful PrQualified Contractor(s), specifying the portions of the contract to terminated and when the termination becomes effective. If oportions of the contract are terminated, the successful Pre-QualifiContractor(s) has the right to withdraw, without adverse action, frothe entire contract.

Unless directed differently in the notice of termination, the successPre-Qualified Contractor(s) shall incur no further obligations connection with the terminated work, and shall stop work to the exte

specified and on the date given in the notice of terminatioAdditionally, unless directed differently, the successful Pre-QualifContractor(s) shall terminate outstanding orders and/or subcontracrelated to the terminated work.

THIS IS THE END OF "GENERAL CONDITIONS."

SPECIAL CONDITIONS

6. GENERAL/SPECIAL CONDITION PRECEDENCE

In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shahave precedence.

7. PRE-QUALIFICATION

All contractors/vendors who provide "Pressure Cleaning Services and meet the terms and conditions of this solicitation aeligible, at any time, to be pre-qualified for their ability to perform contracts in accordance with this solicitatioContractors/Vendors who have been pre-qualified and no longer want to be solicited may request, in writing, that thecompany be removed from the qualified vendor list. Request shall be submitted to Amanda Ray, Senior Buyer, PurchasiDepartment, 50 S. Military Trail, Suite 110, West Palm Beach, FL 33415. Palm Beach County reserves the right at its sodiscretion to add qualified contractors/vendors at anytime.

All contractors/vendors interested in pre-qualifying shall have an established business with sufficient personnel and expertisto meet the requirements of this solicitation.


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8. INSPECTION OF FACILITIES (MANDATORY) - (NON-MANDATORY FOR PALM TRAN LOCATIONS)

Pre-Qualified Contractor(s) shall visually inspect each facility site where each Project is to be performed. The requestidepartment shall send each Pre-Qualified Contractor(s) a notice of the Project, including scope of work, with the location antime of the site inspection and allow enough time to make arrangement to attend. THE PRE-QUALIFIED CONTRACTORFAILURE TO VISUALLY INSPECT THE FACILITIES (EXCLUDING PALM TRAN LOCATIONS) SHALL RESULT IN THPRE-QUALIFIED CONTRACTORS NOT BEING ELIGIBLE FOR CONSIDERATION OF AWARD OF THAT PROJECTPre-Qualified Contractors are advised to make a thorough inspection of the extent of work. After the Project has beeawarded, no extra charge or compensation will be allowed unless by reason of unforeseeable causes beyond his control anwithout fault or negligence, including, but not restricted to, Acts of God. Said change must be approved, in writing, by tDirector of Purchasing. Pre-Qualified Contractor(s) are reminded that statements and information provided at Ameetings/inspections are not binding unless issued in writing as an amendment to the Project.

All Pre-Qualified Contractor(s) shall sign an attendance sheet. The attendance sheet will be collected 10 minutes after statestart time, local time. Those arriving after the attendance sheet has been collected shall be considered as not in attendanfor purposes of the mandatory inspection of facilities and not allowed to submit a quote for that Project.

9. QUALIFICATION OF CONTRACTOR(S) / VENDORS

Only responsive and responsible contractors/vendors, qualified to provide the goods and/or service specified herein shall bconsidered for inclusion to the pre-qualified list. The contractors/vendors may be asked to provide sufficient evidence

confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, thability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and busineethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwisqualified and eligible to receive an award under applicable laws and regulations.

The contractors/vendors should submit the following information with their Request for Pre-Qualification response; howevernot included, it shall be the responsibility of the contractors/vendors to submit all evidence, as solicited, within a time framspecified by the County (normally within two working days of request). Failure of contractors/vendors to provide the requirinformation within the specified time frame is considered sufficient cause for rejection of their Request for Pre-Qualification.

NOTE: INFORMATION SUBMITTED WITH A PREVIOUS BID/QUALIFICATION SHALL NOT SATISFY THPROVISION.

A. List a minimum of three (3)references (Attachment B) in which similar goods and/or services have been providewithin the past three (3) years including scope of work, contact names, addresses, telephone numbers and dateof service. A contact person shall be someone who has personal knowledge of the contractors performance fthe specific requirement listed. Contact person must have been informed that they are being used as a referenand that the County may be calling them. DO NOTlist persons who will be unable to answer specific questionregarding the requirement.

10. CRIMINAL HISTORY RECORDS CHECK

This solicitation includes sites and/or buildings which have been designated as critical facilities pursuant to Ordinance 200030 and Resolution R-2003-1274, as may be amended. Therefore, prior to the award of any contract, the recommendawardee(s) must comply with all the requirements of this solicitation, i.e. Criminal History Records Check Ordinance. Counstaff representing the user Department will contact the recommended awardee(s) and provide additional instructions fmeeting the requirements of this Ordinance. A contract shall not be awarded unless the recommended awardee meets trequirements established by the Electronic Services and Security Division of the Facilities Development and Operation

Department.

11. DETERMINATION/AWARD

All responsive, responsible contractors who meet the minimum qualifications will be authorized to submit quotes accordance with Term and Condition Method of Ordering, and if awarded, provide the required goods and services.

The ordering department will be responsible for evaluating the quotations, applying the SBE preference, if applicable, anawarding the project. The SBE preference does not apply for any Palm Tran locations.


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Page12. TERM

The terms and conditions of this solicitation shall remain in full force and effect during the term specified and shall apply to aorders placed for specified goods and/or services for Palm Beach County. Re-qualifying and/or termination shall be at tsole discretion of Palm Beach County.

13. METHOD OF ORDERING (TERM CONTRACT)

A letter, noting a term of sixty (60) months or until the estimated funding is expended, at the discretion of the County, will bsent to all Pre-Qualified Contractors. The County will notify all Pre-Qualified Contractor(s) of each Project on an "as needbasis". All terms and conditions of this solicitation are applicable. Determination of specifications for each Project will made by the ordering County department. The ordering department will notify ALL applicable Pre-Qualified Contractors present a written quote on the response form provided by the requesting department. Responses on vendletterhead/quotation forms shall not be accepted. Each Project shall be awarded to the Contractor offering the lowest fixeprice, subject to the SBE provisions of term # 3.c, with the exception of Palm Tran locations, the SBE preference does napply.

Any Project that is equal to or greater than the Mandatory Bid Dollar amount (as stated below) shall be subject to Palm BeaCounty Ordinance 2005-062. The "Mandatory Bid Amount" is the threshold dollar amount established as policy by the Boaof County Commissioners at and above which a formal competitive sealed bid process must be used. Presently tmandatory bid amount for any Project is fifty thousand dollars ($50,000.00). Any Project that exceeds the mandatory bamount shall be separately solicited via a formal competitive sealed bid process.

14. ATTACHMENT(S)

Attachment(s) A and B are included and are considered to be components of this solicitation.

15. ESTIMATED EXPENDITURES

The anticipated funding during the sixty (60) month period is $74,000. Palm Beach County reserves the right to increase decrease the anticipated value as necessary to meet actual requirements, and to re-advertise for the contracted services any time after the anticipated value of this contract has been reached, notwithstanding that the anticipated term has not beecompleted.

16. TIME FOR COMPLETION / DELIVERY

Contractor(s)/vendors acknowledges and agrees that the time of completion/delivery is an essential condition of this contrac

By submitting a response, contractors/vendors, if awarded work, agrees to begin work at the specified time frames as statein their quote, and to prosecute the work uninterrupted in such a manner, with sufficient labor, equipment and/or materials as to ensure its completion within the agreed time frame based on the Countys issuance of a Notice to Proceed.

17. TIME LIMIT FOR RETURNING QUOTATIONS

Pre-Qualified Contractors shall return their quotation no more than five (5) business days after receipt of quotation unlesotherwise specified by the ordering department. Failure of the contractor(s) to submit the quotation within the required timspecified will be considered a NO QUOTE and the Contractor(s) will not be eligible for consideration of award for thProject. In the best interest of Palm Beach County, the time limit requirement may be changed (in writing) in speciinstances. Failure to respond to a requested Project quotation five (5) times consecutively may constitute a lack of intereand removal from the Pre-Qualification list unless requested in writing by Contractor to remain active or to be reinstated.

18. WORK SITE SAFETY/SECURITY

The successful Pre-Qualified Contractor(s) shall at all times guard against damage or loss to the property of Palm BeacCounty, the Contractor's own property, and/or that of other contractors, and shall be held responsible for replacing repairing any such loss or damage. When applicable, the successful Pre-Qualified Contractor(s) shall provide fences, signbarricades, flashing lights, etc. necessary to protect and secure the work site(s) and insure that all County, State of FloridaOSHA, and other applicable safety regulations are met. Additionally, successful Pre-Qualified Contractor(s) shall provide fthe prompt removal of all debris from Palm Beach County property. Palm Beach County may withhold payment or make sudeductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property througnegligence of the successful Pre-Qualified Contractor(s) or their agents.


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19. INSURANCE REQUIRED

It shall be the responsibility of the successful Pre-Qualified Contractors to provide evidence of the following minimuamounts of insurance coverage to Palm Beach County, c/o Purchasing Department, Attention Buyer, 50 South Military TraSuite 110, West Palm Beach, Florida 33415. During the term of the Contract and prior to each subsequent renewal therethe successful Pre-Qualified Contractors shall provide this evidence to the County prior to the expiration date of each anevery insurance required herein.

Commercial General Liability Insurance. Successful Pre-Qualified Contractor(s) shall maintain Commercial General Liabil

Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury anProperty Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damagcoverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach Counas an Additional Insured.

Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability nless than $500,000 Combined Single Limit Each Accident for all owned, non-owned, and hired automobiles. (In this contethe term Autos is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amendeallowing successful bidder to maintain only Hired & Non-Owned auto Liability and shall provide either an affidavit or a letter ocompany letterhead signed by the bidder indicating that the bidder does not own any vehicles, and if vehicles are acquire

throughout the term of the contract, bidder agrees to purchase Owned Auto coverage as of the date of acquisition. Thamended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate BusinesAuto coverage form.

Workers Compensation and Employers Liability Insurance. Successful Pre-Qualified Contractors shall maintain WorkerCompensation & Employers Liability Insurance in accordance with Florida Statute Chapter 440.

A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by thsuccessful Pre-Qualified Contractors in the types and amounts required hereunder shall be transmitted to the County via thInsurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure provide required insurance shall render your offer as non responsive.

Except as to Business Auto, Workers Compensation and Employers Liability (and Professional liability, when applicablesaid Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Bea

County as an Additional Insured.

Further, said Certificate(s) shall endeavor to provide ten (10) days written notice to County prior to any adverse changcancellation or non-renewal of coverage there under.

It is the responsibility of the successful Pre-Qualified Contractors to ensure that all required insurance coverages amaintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered defaof contract. Successful Pre-Qualified Contractors shall agree to provide the County with at least ten (10) days prior notice any cancellation, non-renewal or material change to the insurance coverages. All insurance must be acceptable to anapproved by County as to form, types of coverage and acceptability of the insurers providing coverage.

Pre-Qualified Contractors shall agree that all insurance coverage required herein shall be provided by Pre-QualifieContractors to County on a primary basis.

20. SBE ORDINANCE (PALM TRAN LOCATIONS ONLY)

The Palm Beach County SBE Ordinances DO NOT APPLY TO THIS SOLICITATION. In the event tie bids are received, taward will be made in accordance with Palm Beach Countys Purchasing Procedures pertaining to tie bids.

PALM TRANSPECIAL CONTRACT PROVISIONS

21. STATEMENT OF FINANCIAL ASSISTANCE

This procurement is funded in part by a contract between Palm Beach County and the U.S. Department of Transportation,Federal Transit Administration. Therefore, the special contract provisions set forth in Articles 9 to 22 apply to this contract.


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Page22. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM - RESOLUTION 99-1617 PALM BEACH COUNTY

A. It is the policy of Palm Beach County to recognize the authority and applicability of the United States Department Transportation's rules and regulations governing Disadvantaged Business Enterprise (DBE) participation set forth 49 CFR part 26. Palm Beach County is committed to the implementation of these rules and regulations through approved Disadvantaged Business Enterprise Program. Furthermore, it is the object of the Palm Beach County tha

i. Disadvantaged Business Enterprises shall be assured, to the maximum extent feasible, the opportunity participate in the performance of contracts and subcontract financed in whole or in part with Federfunds; and

ii. No person, subject to the activities of Palm Beach County, shall discriminate on the basis of race, colonational origin, or sex in the award and performance of DOT assisted contracts.

B. The bidder/offeror agrees to ensure that DBE firms as defined in Palm Beach County Resolution 99-1617 have thmaximum opportunity to participate in the performance of contracts and subcontracts. In this regard, all bidders shtake all necessary and reasonable steps in accordance with Resolution 99-1617, to ensure that DBEs have thmaximum opportunity to compete for and perform contracts. The Contractor shall not discriminate on the basis race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicabrequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by tContractor to carry out these requirements is a material breach of this Contract, which may result in the termination this Contract or such other remedy deemed appropriate by County. Each subcontract that the Contractor signs with

subcontractor must include this assurance.

23. CONTINGENT FEE

The bidder/offeror warrants that it has not employed or retained any company or person other than a bona fide employeworking solely for the bidder/offeror, to solicit or secure this contract and that it has not paid or agreed to pay any persocompany, corporation, individual, or firm, other than a bona fide employee working solely for the bidder/offeror, any fecommission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of thcontract.

24. INTEREST OF PUBLIC OFFICIALS

The bidder/offeror represents and warrants that no employee, official or member of the County Board is or will be pecuniar

interested or benefit directly or indirectly in this contract.

25. INTEREST OF MEMBERS OF, OR DELEGATES TO, CONGRESS

No member of, or delegate to, the Congress of the United States shall be admitted to a share of part of this contract or to abenefit arising therefrom.

26. COVENANT AGAINST GRATUITIES

The bidder/offeror represents as part of its offer that neither it or any of its employees, representatives or agents have offereor given gratuities (in the form of entertainment, gifts or otherwise) to any director, officer or employee of the county with thview towards securing favorable treatment in the awarding, amending, or the making of any determination with respect to thperforming of the contract.

27. FEDERAL CHANGES

The contractor shall at all times comply with all applicable Federal Transit Administration (FTA) regulations, policieprocedures and directives, including without limitation those listed directly or by reference in the agreement (Form FTA G-14dated October, 1997) between county and FTA, as they may be amended or promulgated from time to time during the term this contract. Contractor's failure to so comply shall constitute a material breach of this contract.


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Page 28. NO FEDERAL GOVERNMENT OBLIGATION

A. Contractor and County acknowledge and agree that, notwithstanding any concurrence by the Federal Government or approval of the solicitation or award of the underlying contract, absent the express written consent by the FederGovernment, the Federal Government is not a party to this contract and shall not be subject to any obligations oliabilities to the county, contractor, or any other party (whether or not a party to this contract) pertaining to any matteresulting from the underlying contract.

B. THE contractor agrees to include the above clause in each subcontract financed in whole or in part with Federassistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify tsubcontractor who will be subject to its provisions.

29. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS

A. The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 3U.S.C. Section 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R part 31, apply its actions pertaining to this Project. Upon execution of the contract, the contractor certifies or affirms the truthfulneand accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the contraor the FTA assisted project for which this contract work is being performed. In addition to other penalties that may bapplicable, the contractor further acknowledges that if it makes or causes to be made, a false, fictitious, or frauduleclaim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties the Program Fraud Civil Remedies Act of 1986 on the contractor to the extent the Federal Government deem

appropriate.

B. The contractor also acknowledges that if it makes, or causes to be made a false, fictitious, or fraudulent claimstatement, submission, or certification to the Federal Government under a contract connected with a project that financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.CSection 5307, the Government reserves the right to impose the penalties of 18 U.S.C. Section 1001, and 49 U.S.CSection 5307 (n)(1) on the contractor to the extent the Federal Government deems appropriate.

C. The contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federassistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify tsubcontractor who will be subject to the provisions.

30. CIVIL RIGHTS

A. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. Section 2000d, Secti303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. Section 6102, Section 202 of the Americans witDisabilities Act of 1990, 42 U.S.C. Section 12132, and Federal transit law at 49 U.S.C. Section 5332, the contractagrees that it will not discriminate against any employee or applicant for employment because of race, color, creenational origin, sex, age, or disability. In addition, the contractor agrees to comply with applicable Fedeimplementing regulations and any other implementing requirements FTA may issue.

B. Equal Employment Opportunity.

i. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, amended, 42 U.S.C. Section 2000e, and Federal transit laws at 49 U.S.C. Section 5332, the contractoagrees to comply with all applicable equal employment opportunity requirements of the U.S. Departme

of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal EmploymeOpportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order N11246, "Equal Employment Opportunity," as amended by" Executive Order No. 11375," AmendinExecutive Order 11246 Relating to "Equal Employment Opportunity," 42 U.S.C. Section 2000e note), anwith any applicable Federal statutes, executive orders, regulations, and Federal policies that may in thfuture affect construction activities undertaken in the course of the Project. The contractor agrees to taaffirmative action to ensure that applicants are employed, and that employees are treated durinemployment, without regard to their race, color, creed, national origin, sex, or age. Such action shinclude, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selectiofor training, including apprenticeship, In addition, the contractor agrees to comply with any implementirequirements FTA may issue.


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Page ii. Age. In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amende

29 U.S.C. Section 623 and Federal transit law at 49 U.S.C. Section 5332, the contractor agrees to refrafrom discrimination against present and prospective employees for reason of age. In addition, tcontractor agrees to comply with any implementing requirements FTA may issue.

iii. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act, as amended, U.S.C. Section 12112, the contractor agrees that it will comply with the requirements of U.S. EquEmployment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons wdisabilities. In addition, the contractor agrees to comply with any implementing requirements FTA missue.

C. The contractor agrees to include the above-stated requirements in each subcontract financed in whole or in part withFederal assistance provided by FTA, modified only if necessary to identify the affected parties.

31. INCORPORATION OF FTA TERMS

This contract contains certain standard terms and conditions required by U.S. DOT. All contractual provisions required U.S. DOT, as set forth in FTA Circular 4220.1E dated June 19, 2003 (or latest revision), are hereby incorporated breference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event a conflict with other provisions contained in this contract. The contractor shall not perform any act, fail to perform any act, refuse to comply with any county requests which would cause the county to be in violation of the FTA terms and conditions.

32. ACCESS TO RECORDS

A. The contractor agrees to provide the county, the FTA, the Comptroller General of the United States or any of theauthorized representatives access to any books, documents, papers and records of the contractor which are direcpertinent to this contract for the purpose of making audits, examinations, excerpts and transcriptions.

B. The contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to coexcerpts and transcriptions as reasonably needed.

C. The contractor agrees to maintain all books, records, accounts and reports required under this contract for a period not less than three (3) years after the date of termination or expiration of this agreement, except in the event litigation or settlement of claims arising from the performance of this contract, in which case the contractor agrees maintain same until the county, the FTA, the Comptroller General, or any of their duly authorized representative

have disposed of all such litigation, appeals, claims, or exceptions related thereto.

33. DRUG FREE WORKPLACE PROGRAM CERTIFICATION

A. By submission of a bid/offer, the bidder/offeror certifies and agrees that, with respect to the bidder/offeror and employees of the bidder/offeror to be utilized in the performance of any contract resulting from this solicitation, it haor will establish and implement, prior to performance of this contract, a drug free workplace program that compliewith the provisions of 49 CFR Part 655.

B. The bidder/offeror shall submit for the county=s review and approval as part of the county=s pre-award responsibilsurvey, their Drug Free Workplace Program. Failure of the bidder/offeror to have the drug free workplace progracomplying with 49 CFR Part 655 will be deemed a lack of responsibility rendering the bidder/offeror unqualified anineligible for award.

34. RECYCLED PRODUCTS and ENERGY CONSERVATION REQUIREMENTS

The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery A(RCRA), as amended, (42 U.S.C. 6962) including but not limited to the regulatory provisions of 40 C.F.R. Part 247, anExecutive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part 247.

35. SUSPENSION AND DEBARMENT

The bidder/offeror certifies or affirms the truthfulness and accuracy of its certification and disclosure, if any. Thbidder/offeror understands and agrees that the provisions of 49 CFR Part 29 apply to its certification and disclosure.


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Page

SPECIFICATIONSFOR

REQUEST #10-017/AR

REQUEST FOR PRE-QUALIFICATION OF VENDORS FORPRESSURE CLEANING SERVICES, BUILDINGS ONLY, ON AN AS NEEDED BASUS

PURPOSE AND INTENT

The sole purpose and intent of this Request for Pre-Qualification is to secure a listing of pre-qualified contractor(s) requisition pressure cleaning services for buildings only, located throughout Palm Beach County.

SCOPE OF WORK

Successful bidder shall be responsible for proper preparation and pressure cleaning of structures. Rooftops are to bincluded, if applicable, per project.

All work shall be done in a professional manner and meet the requirements of applicable, current Palm Beach County anlocal Municipal codes and standards.

COUNTYS RESPONSIBILITY

The County shall provide a scope of work to all pre-qualified vendors prior to the site inspection.

The County shall conduct a mandatory site inspection for all locationsexcept for Palm Tranto identify the type of servicerequired at the location in which the service is to take place. Palm Tran locations will have a non-mandatory siinspection.

The County shall review the quotes submitted by the contractors. No work shall start until written notification from thdesignated County representative has been issued to the successful bidder by issue of a Purchase Order.

The County shall reserve the right to require the removal of any of the successful bidders employees from the project, if the Countys judgment, such removal is necessary to protect the Countys interest.

The County shall provide clear access to the work area.

The County shall schedule service so as to maintain the efficient and safe working conditions of Palm Beach Counpersonnel, buildings, and site operations.

The County shall examine substrates, areas, and conditions, with successful bidder present, for compliance wirequirements for installation tolerances, operational clearances, accurate locations of connections to building electricsystem, and other conditions effecting performance at which time the successful bidder shall proceed with installation onafter unsatisfactory conditions have been corrected by the County.

The County shall inspect the project upon completion of work, unless prior arrangements are made, with the successfbidder, to ensure that the work is acceptable.

SUCCESSFUL BIDDERS(S) RESPONSIBILITIES

Successful bidder shall furnish at their expense all supervision, labor, equipment, material, tools, machinery, transportatioand other facilities and services necessary to fully complete the service requested.

Successful bidder shall furnish an MSDS sheet to the County representative on all chemicals used on a project.

Successful bidders quote shall list the materials that are going to be used, estimate of hours and men for the project, annecessary equipment to perform the project.

Successful bidder shall coordinate all activities with the County representative.


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Page Successful bidder shall properly maintain the premises. Working area shall be kept free of waste, debris, and rubbish causeas a result of the service being performed.

Successful bidder shall confine its personnel, equipment and materials to the areas designated by the County representative

PROCEDURES

A. All preparations and material applications shall be in strict accordance with the material manufacturedirections/instructions. Materials shall be commercial products specifically manufactured for the task specified.

B. Successful bidder shall examine all surfaces prior to starting the job, and notify the County representative of any loopaint, damaged or rotten areas. Successful bidder shall not allow any solutions to get under doors or around windows.

C. Place barriers/traffic cones to delineate construction area and keep traffic out of the work area. Successful bidder responsible to verify all vehicles are parked away from the work area.

D. Isolate dust and debris to work area. All adjacent plants, surfaces, equipment, etc. shall be protected from damage.

E. STEP #1: Stain Removal:

1. Examine surfaces and identify stains that are present. Remove all gum spots, tar spots, and bird droppings.

2. Select commercially available stain remover, follow manufactures recommendation. Successful bidder sh

provide a list of all products that will be used for Facilities Management approval prior to application. A copy the Material Safety Data Sheet shall be provided for each product used. Successful bidder shall comply with City, County ,State and federal regulations in use, application and disposal of products used to perform this wor

3. Start stain removal at lowest elevation and work up the slope. Stubborn stains may require repeated applicatioof stain remover.

a. Care shall be taken not to discolor the color of any concrete, pavement, or other building finish material.

b. Care shall be taken not to damage the stucco on walls, ceiling, and recessed lights.

4. All stains shall be removed including, but not limited to mold, mildew, rust /iron, oil, grease, tree leaves, cowebs, asphalt tar, paint, epoxy coating, caulking, mortar smears, tire skid marks, tobacco, moss, etc.

5. A commercial cleaning detergent shall be allowed to sit as specified by the material manufacturer and theremoved with a high pressure water sprayer. It maybe necessary to apply full strength solution with chemicbrush for difficult areas.

6. Remove mud nests, cobwebs and built-up residue/grime by brushing and low pressure washing using cobweeliminator(Web-Away or equal).

7. All residue shall be removed from windows, and the windows shall be cleaned if Countys representative deemsnecessary.

F. STEP #2: Overall Cleaning:

1. Overall cleaning shall start only after the removal of all stains.

2. Overall cleaning shall remove accumulated grime, dirt, and efflorescence.

3. A commercial detergent and acid cleaner specifically designed for removal of grime and efflorescence shall bused.

a. Application procedures shall be in accordance with the manufacturers recommendations.

b. Test cleaning compound on a small, unobtrusive area to ensure cleaner does not result in changing color the concrete.

4. Chemical detergent used shall be removed with a high pressure water sprayer ONLY.


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Page

a. The use of sand-blasting, bead-blasting or grinding shall not be allowed.

5. Efflorescence remover shall normally be applied from the rooftop to the base of the building.

a. Chemicals shall be scrubbed on the surface.

b. A second application may be necessary to provide an efflorescence free surface.

6. Ensure any cleaning chemicals drain across pavement and not into grass of vegetation.

7. Ensure any cleaner residue is removed from ponded low spots and that those low spots are cleaned thoroughly

G. STEP #3: Pressure Cleaning :

1. Upon completion and approval of all stain / efflorescence removal, the contractor shall proceed with pressucleaning.

2. The contractor shall use pressure cleaning equipment/P.S.I./GPM specific for the job (stucco, wood, roofi.e.)

3. Successful bidder shall be able to providea 200 degree hot water temperature for cleaning when requested.

3. Successful bidder shall repair any areas damaged and replace all plants damaged as a result of this work.

4. Remove all equipment, surplus materials and any other residue from premises.

H. Inspections:

1. Upon completion of work as stated in above, unless prior arrangements are made, a visual inspectioshall be made by the successful bidder and the County s representative to ensure that work acceptable. It is the successful bidders responsibility to arrange for a timely inspection with the CountyRepresentative. Any stains at time of inspection shall be cleaned by the successful bidder regardless of whethey occurred.

a. Successful bidder shall re-do any work that is not satisfactory, at no additional charge to the County.

DEFINITIONS

A building is defined as any man-made structure used or intended for supporting or sheltering any use or continuooccupancy.

PAYMENT

Payment shall be made based on the price provided on the quote that was submitted to the designated County representativprior to the start of the project.

WORKING HOURS

A. Normal Working Hours Monday thru Friday, 8:00 am 5:00 pm, excluding County observed Holidays.

B. Special Working Hours

It is possible that arrangements can be made to accomplish on-site activities outside the hours established in thabove paragraph. Such working hours would require the prior written approval of the designated Counrepresentative.


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Page 15PALM TRAN Instruc tions for Completing Attachment A

Representations and Certifications

(The number on the left is the number of the Representation and Certification.)

1. Disadvantaged Business Enterprise (DBE)

A. Your firm either is or is nota DBE. Place an X where appropriate.

2. Contingent Fee

A. Your firm either has orhas notemployed or retained someone other than your ownemployee to solicit or obtain this contract.

You will have two (2) Xs where appropriate.

6. Previous Contracts and Compliance Reports

A. Your firm either has or has notparticipated in a previous contract subject to Equal

Opportunity. Place an X where appropriate.

B. Your firm either has or has notfiled all required compliance reports.Place anX where appropriate.

7. Affirmative Action Compliance

A. How many employees does your firm have?Write the number of employees in the space provided.

B. Your firm either has developed or has notdeveloped an affirmative action program, ORit has or has notpreviously had contracts subject to affirmative action. Place one (1) Xwhere appropriate.

8. Parent Company and Identifying Data

A. Your firm is or is notowned or controlled by a parent company.Place anX where appropriate.

B. If youare notowned or controlled by a parent company, put your firms EmployersIdentification Number in the space provided. If you are owned and controlled by a parentcompany, leave this space blank.

C. If you areowned and controlled by a parent company, fill in the name, address, zip codeand phone number in the space provided. Also put in the parent companys EmployersIdentification Number in the space provided.

11. Drug Free Workplace Certification

D. Your firm either has or has notimplemented a drug-free workplace program. Place an Xwhere appropriate.


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Page 16PALM TRAN Instruc tions for Completing Attachment A

Representations and Certifications

12. Certification Regarding Debarment, Suspension, and Other Responsibility Matters,Prime Contract

A. The principals of your firm either areor are notpresently debarred, suspended, proposedfor debarment, declared ineligible, or voluntarily excluded from the award of contracts bygovernment. Place an X where appropriate.

The principals of your firm haveor have notwithin a three year period preceding thisoffer, been convicted of or had a civil judgment rendered against them for fraud or acriminal offense in obtaining a government contract. Place an X where appropriate.

The principals of your firm are or are notpresently indicted for, or criminally or civillycharged by a government. Place an X where appropriate.

You have or have not, within a three-year period preceding this offer, had one or morepublic government contracts terminated for cause or default. Place an X whereappropriate.

You will have a total of four (4) Xs in this section.

13. Integrity Certification

Put in the name of your firm in the space provided in the first paragraph of item 13..

Fill out the Signature Block for all Representations and Certifications completely. Besides the sectionsthat you have given individual attention and marked above, the Signature Block also applies to theinformation in Sections 3, 4, 5, 9, and 10.

For information and/or assistance with the Reps and Certs, call Eugene M. Bitteker at Palm Tran at:

phone (561)-841-4254.


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Page 17 ATTACHMENT "A"

PALM TRAN REPRESENTATIONS AND CERTIFICATIONS

THIS ATTACHMENT MUST BE COMPLETED AND RETURNED

TABLE OF CONTENTS


2. Contingent Fee

3. Interest of Public Officials

4. Interest of Members of, or Delegates to, Congress

5. Covenant Against Gratuities



8. Parent Company and Identifying Data

9. Certification of Independent Price Determination

10. Certification of Nonsegregated Facilities

11. Drug-Free Workplace Program Certification

12. Certification Regarding Debarment, Suspension, and Other Responsibility Matters, Prime Contract



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Page 18ATTACHMENT "A"



A. The bidder/offeror represents as part of its offer that it (Mark one with an "X"): is is not adisadvantage business enterprise (DBE). A "DBE" is defined as "a small business concern which is atleast 51% owned by one or more socially and economically disadvantaged individuals, or in case of any

publicly owned business, at least 51% of the stock of which is owned by one or more of the socially andeconomically disadvantaged individuals and whose management and daily business operations arecontrolled by one or of the socially and economically disadvantaged individuals who own it. For purposesof this definition, socially and economically disadvantaged individuals include Black Americans, Hispanic

Americans, Asian-Pacific Americans, Asian-Indian Americans, Native Americans; and women, regardlessof race, ethnicity or origin.

B. If goals have been established, by submission of this offer, the bidder/offeror certifies that it will complywith the provisions of this solicitation entitled "Disadvantaged Business Enterprises Program" and will meetsuch goals as are established in any ensuing contract.

2. Contingent Fee

A. Except for full-time bona fide employees working solely for the bidder/offeror , the bidder/offeror represents

as part of its offer that it (Mark one with an "X"): has has notemployed or retained any company orpersons to solicit or obtain this contract, and (Mark one with an " X"): has has notpaid or agreed topay any person or company employed or retained to solicit or obtain this contract any commission,percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

B. The bidder/offeror agrees to provide information relating to A. above, as requested by the county and,when any item in subparagraphA.is answered affirmatively, to promptly submit to the county a completedStandard Form 119 "Statement of Contingent or Other Fees."

3. Interest of Public Officials

The bidder/offeror represents and warrants that no employee, official, or member of the Board (ExecutiveCommittee) of the Authority is or will be pecuniarily interested or benefited directly or indirectly in this contract.

3. Interest of Members of, or Delegates to, Congress

No member of, or delegate to, the Congress of the United States shall be admitted to a share of or part of thiscontract or to any benefit arising therefrom.

5. Covenant Agains t Gratuities

The bidder/offeror represents as part of its offer that neither it nor any of its employees, representatives or agentshave offered or given gratuities (in the form of entertainment, gifts or otherwise) to any director, officer or employeeof the Authority with the view toward securing favorable treatment in the awarding, amending, or the making of anydetermination with respect to the performing of the contract. See Paragraph 3 above entitled "Interest of PublicOfficials."


A. The bidder/offeror represents as part of its offer that it (Mark one with an "X"): has has notparticipated in a previous contract or subcontract subject either to the Equal Opportunity clause of thissolicitation, the clause originally contained in Section 310 of Executive Order Number 10925, or the clausecontained in Section 201 of Executive Order Number 11114; and


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B. It (Mark one with an "X"): has has notfiled all required compliance reports.

1. Representations indicating submission of required compliance reports, signed by proposed subcontractowill be obtained before subcontract awards.


A. The bidder/offeror represents as part of its offer that it has a workforce of (number of employees): ____

B. It (Mark one with an "X"): has developed and has on file has not developed and does not have on fileeach establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (4CFR 60-1 and 60-2), or it (Mark one with an "X"): has has notpreviously had contracts subject to the writteaffirmative action programs requirement of the rules and regulations of the Secretary of Labor.

8. Parent Company and Identify ing Data

A. The bidder/offeror represents as part of its offer/bid that it (Mark one with an "X"): is is not owned controlled by a parent company. A parent company, for the purpose of this provision, is one that owns or controls tactivities and basic business policies of the bidder. To own the bidding company means that the parent compamust own more than 50% of the voting rights in that company. A company may control a bidder as a parent eve

though not meeting the requirements for such ownership if the company is able to formulate, determine, or veto baspolicy decisions of the bidder/offeror through the use of dominant minority voting rights, use of proxy voting, otherwise.

B. If the bidder/offeror is not owned or controlled by a parent company, it shall insert its own Employer's IdentificatioNumber:

C. If the bidder/offeror is owned or controlled by a parent company, it shall enter below the name and main offiaddress of the parent company, and the parent company's Employer's Identification Number.

Name of Parent Company and Main Office Address (Include Zip and Phone):

Telephone ( )

Parent Company's Employer's Identification #:

9. Certification of Independent Price Determination

A. By submission of this offer, the bidder/offeror certifies, and in the case of a joint offer, each party thereto certifies ato its own organization, that in connection with this procurement:

1. The prices in this offer have been arrived at independently, without consultation, communication, agreement, for the purpose of restricting competition, as to any matter relating to such prices with any othebidder/offeror or with any competitor.

2. Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingdisclosed by the bidder/offeror and will not knowingly be disclosed by the bidder/offeror prior to the openin(in the case of an advertised procurement), directly or indirectly to any other bidder/offeror or to ancompetitor; and

3. No attempt has been made or will be made by the bidder/offeror to induce any other person or firm to submor not to submit an offer for the purpose of restricting competition.


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B. Each person signing this offer certifies that:

1. He is the person in the bidder/offerors organization responsible within that organization for the decision as the prices being offered herein and that he has not participated, and will not participate, in any action contrato A.i. through A.iii. above; or

2. He: (I) is not the person in the bidder/offeror 's organization responsible within that organization for th

decision as to the prices being offered herein but that he has been authorized in writing to act as an agent fthe persons responsible for such decision in certifying that such persons have not participated, and will nparticipate, in any action contrary to A.i. through A.iii. above, and as their agent does hereby so certify; an(ii) has not participated, and will not participate, in any action contrary to A.i. through A.iii. above.

10. Certification of Non-Segregated Facilities

A. By the submission of this offer, the bidder/offeror certifies that it does not and will not maintain or provide for employees any segregated facilities at any of its establishments, and that it does not and will not permit its employeeto perform their services at any location under its control, where segregated facilities are maintained.

B. The bidder/offeror agrees that a breach of this certification is a violation of the Equal Opportunity Clause in thcontract.

C. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms anwash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areaparking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided femployees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion onation origin, because of habit, local custom or otherwise.

2. It further agrees that (except where it has obtained identical certifications from proposed subcontractors fspecific time periods) it will:

a. Obtain identical certifications from proposed subcontractors before the award of a subcontract undwhich the subcontractor will be subject to the Equal Opportunity Clause;

b. Retain such certifications in its files; and

c. Forward the following notice to the proposed subcontractors (except if the proposed subcontractohave submitted identical certifications for specific time periods).

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF NON-SEGREGATE

FACILITIES

A Certification of Non-Segregated Facilities must be submitted before the award of a subcontract under which thsubcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for such subcontraor for all subcontracts during a period (i.e., quarterly, semiannually or annually).

Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

11. Drug-Free Workplace Program Certification

A. By submission of a bid/offer, the bidder/offeror certifies and agrees that, with respect to the bidder/offeror and employees of the bidder/offeror to be utilized in the performance of any contract resulting from this solicitation, it haor will establish and implement, prior to performance of this contract, a drug-free workplace program that compliewith the provisions of 49 CFR Parts 655.

B. The Bidder/Offeror shall submit for the Authority's review and approval as part of the Authority's pre-awaresponsibility survey their Drug Free Workplace Program. Failure of the bidder/offeror to have the drug-freworkplace program complying with 49 CFR Part 655 will be deemed a lack of responsibility rendering thbidder/offeror unqualified and ineligible for awar


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C. The contractor shall permit any authorized representative of the United States Department of Transportation or operating administrations, the State Oversight Agency of Florida, Palm Tran, or Palm Beach County to inspect thfacilities and records associated with the implementation of the drug and alcohol testing program as required und49 CFR Part 655and review the testing process. The contractor agrees further to certify annually its compliance wPart655 before February first of each year and to submit to Palm Tran the Management Information System (MISreports before March First of each year. To certify compliance the contractor shall use the "Substance AbuCertifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants an

Cooperative Agreements," which is published annually in the Federal Register.

D. By Signing this Representations and Certifications, I certify that this firm has has notimplemented a drug-freworkplace program.

12. Certification Regarding Debarment, Suspension, and Other Responsibil ity Matters, Prime Contract

A. In accordance with provisions of 49 CFR Part 29 and the certification instructions contained therein, thbidder/offeror certifies, to the best of its knowledge and belief, that it and/or any of its principals (Mark onwith an "X"): are are notpresently debarred, suspended, proposed for debarment, declared ineligibor voluntarily excluded from the award of contracts by any Federal department or agency or by the coun(Mark onewith an "X"): have have notwithin a three year period preceding this offer, been convicteof or had a civil judgement rendered against them for: commission of fraud or a criminal offense

connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) contract subcontract; violation of Federal State antitrust statutes relating to the submission of offers; or commission embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, receiving stolen property (Mark one with an "X"): are are notpresently indicted for, or otherwiscriminally or civilly charged by a governmental entity (Federal, State or Local) with, commission of any of thoffenses enumerated in this subparagraph of this certification; and (Mark one with an "X"): have havnotwithin a three year period preceding this offer, had one or more public (Federal, State or Local) contracterminated for cause or default.

B. "Principals," for the purposes of this certification, means: officers, directors, owners, partners, key employee, or othperson within the business entity with primary management or supervisory responsibilities; or a person who has critical influence on or substantive control over contracts, whether or not employed by the bidder/offeror.

C. The bidder/offeror shall provide immediate written notice to the County, if, at any time prior to a contract award, thbidder/offeror learns that its certification was erroneous when submitted or has become erroneous by reason changed circumstances.

D. Where the bidder/offeror is unable to certify positively to any of the statements in this certification, the bidder/offershall attach an explanation to this offer. A certification that any of the items in subparagraphAof this provision exiswill not necessarily result in withholding of an award under this solicitation. However, the certification will considered in connection with a determination of the bidder/offerors responsibility. Failure of the bidder/offeror furnish a certification or provide such additional information as requested by the Contracting Officer may render thbidder/offeror non-responsible.

E. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order render, in good faith, the certification required by subparagraph A. of this provision. The knowledge and informatioof an Bidder/offeror is not required to exceed that which is normally possessed by a prudent person in the ordinacourse of business.

F. The certification in subparagraph A of this provision is a material representation of fact upon which reliance waplaced when making award. If it is later determined that the Bidder/offeror knowingly rendered an erroneocertification, in addition to other remedies available to the Authority or the Federal Government or any of idepartments or agencies, the Contracting Officer may terminate the contract resulting from this solicitation for defau

G. The Bidder/offeror further agrees by submitting this offer that it will include the following clause, without modificatioin all subcontracts and in all solicitations for subcontracts:


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CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSIO

SUBCONTRACTS

1. In accordance with the provisions of 49 CFR Part 29 and the certification instructions contained therein, thprospective subcontractor certifies, by submission of this offer, that neither it nor its principals is presentdebarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participatioin this contract by and Federal department or agency or by the Authority.

2. Where the prospective subcontractor is unable to certify to any of the statements in this certification, suprospective subcontractor shall attach an explanation to this offer.


As required by U.S. DOT regulations on Government wide Debarment and Suspension at 49 CFR 29.51______________________________certifies to the best of its knowledge and belief, that it and its principals:

(name of firm)

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded frocovered transactions by and Federal department or agency;

B. Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendereagainst them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, performing a public (Federal, state, or local) transaction or contract under a public transaction; violation of Federal state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of recordmaking false statements, or receiving stolen property;

C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, local) with commission of any of the offenses listed in paragraph B. of this certification; and,

D. Have not within a three (3) year period preceding this contract had one or more public transactions (Federal, state local) terminated for caus

pressure cleaning - pbc bid

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