10.09.01 - Special Conditions for Const Contracts
CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: 10 Purchasing POLICY NO: 10.9.1 SECTION: 09 Construction Contracts PAGE: Page 1 of 5 SUBJECT: 01 Special Conditions
for Construction Contracts PURPOSE: Due to the complexity of construction projects and the cost involved these contracts warrant special conditions. POLICY: In general, contracts for
construction of major City projects are obtained through the Formal (Sealed) Bid process. All procedures as previously noted in "Section 7 -Bids" should be followed. Construction projects
under $75,000 in cost may be processed by written quotations. Sealed bids are required for all construction projects over $75,000 in costs. The following special conditions will apply
to all construction contracts over $75,000: 1. Bid Preparation: a. Using/Requesting Department: The detailed specifications, special conditions that may apply, a suggested vendor list,
a hard copy along with a disk/CD, and a "Departmental Bid Request" form are to be assembled and provided to the Purchasing Division. It is the responsibility of the using/requesting
department to insure that any special terms or conditions are complete, plans (including blueprints) and specifications are complete and accurate. Purchasing will review, add or delete
information, add general and special conditions, necessary forms, proposal sheet, and prepare a "Request to Advertise" approval sheet for the City Attorney and Purchasing Agent prior
to selecting a bid receiving date. When a complete bid package is ready to be advertised, the “Request to Advertise is brought to the City Clerk along with a complete bid package. All
bids are uploaded to demandstar.com along with all supplemental vendors from the Purchasing Vendor listing. and the suggested vendor’s list from the Using/Requesting Department. All
sales and pick-up of bid packages are handled by the Consultant who wrote the Specifications or by the Purchasing Division. Any addendum is prepared and uploaded to demanstar.com to
be electronically distributed to all planholders. 1
b. Outside Consultant: The consultant submits a specification package for Purchasing Division review and a "Department Bid Request" form is prepared by the using/requesting department.
Any changes, documents needed for the bid package, general and special conditions, and insurance information, “Request to Advertise” is prepared by the Purchasing Division, signed by
the City Attorney and the Purchasing Agent. After approval and any suggested changes, a bid receiving date is selected and a bid number assigned. The final bid package is provided to
City Clerk’s office for advertisement. All bids are uploaded to demandstar.com along with supplemental vendors from the Vendor listing or the using department’s suggested vendors. The
outside consultant is usually in charge of the bid package sales or pick-ups and supplies a list to Purchasing in order to maintain an updated plan holders listing for demandstar.com.
If the consultant issues any addendum, they are to provide a copy to the Purchasing Division to upload to demandstar.com. as soon as possible. 2. Announcement of Bids. Due to the contractor's
desire to share in large dollar projects, interest in construction projects is generally high. To assure the greatest degree of competition, all of the following shall be used to announce
the bids: a. Newspaper Legal Ads. Legal ads are an excellent method of attracting interested bidders, while also dispelling any criticism of bids only going to favored contractors. For
this reason, they are required to be posted in a newspaper of general circulation in Palm Beach County. Legal ads are generally requested by the Purchasing Division and placed by the
City Clerk in the local newspaper. Legal ads should briefly state the name of the project, location, nature of work required, contact person name and telephone number, bid receiving
date and time, cost of plans, and location where bid specifications may be obtained. The ads should be placed a minimum of eight (8) calendar days prior to the bid receiving date. Advertisements
may also be listed in the Dodge Reports, and other construction journals. b. Interested Contractors (Bidders List). The primary contracts for construction bids are those firms that have
previously done work for the City or expressed a desire to bid. A list of these firms shall be assembled from records from Purchasing Division, demandstar.com and other City departments
involved in the construction project. Additionally, Purchasing Division may contribute firms that are listed in various reference sources, including: Thomas Register, Municipal Index,
Yellow Pages, Contractor's Blue Book, Palm Beach County Minority Business Directory, etc. 2
c. Plan Rooms. Many firms that might not be reached by demandstar.com, mailings or legal ads do frequent various "plan rooms" located in the area, such as Dodge Reports. By distributing
copies of the bid and plans to these plan rooms, Purchasing Division can reach many firms who might otherwise be overlooked. Plan rooms also are valuable in that they allow the contractors
to preview the bid before committing themselves to purchasing plans. Thus, if a bid is outside their realm of work, a free viewing at the plan room saves them considerable waste of time
and money. It is the duty of Purchasing Division to advise appropriate plan rooms that plans are available for their pickup at no charge. Purchasing Division is not obligated to mailing
out or hand delivery. d. Pre-Bid Conference. For all construction projects, a pre-bid conference may be held. Attendance at this conference is not always mandatory, but highly recommended,
for all bidders. e. Sale of Plans. Bid packages, including plans and blueprints, are generally sold to interested contractors by the Purchasing Division and at times by the consultant.
Purchasing Division must constantly monitor the quantity of plans on hand. The originating department shall provide additional plans as needed. The duty of selling plans is that of the
Buyers. As each contractor purchases plans, their payment should be recorded. The Buyer will tabulate the payments for sale of plans and process the receipts through Customer Service
for proper recording in the fiscal records. In addition, the firm's name, address, e-mail address, fax# and phone number of contact person shall be noted on the receipt in order upload
to demandstar.com. 3. Bid Opening. Due to the generally higher dollar cost of construction projects, the bid opening shall be handled very seriously and in a highly professional manner.
No bids will be accepted after the receiving date and time (exception; the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling
by the City after receipt of the bid and no award has been made). The Senior Buyer is in charge of the bid opening and shall fully record the various bids for the construction project.
All procedures as noted in "Section 5 -Bids" shall be followed. Anyone requesting to review bids will be requested to wait until all bids are received and tabulated and a Purchasing
staff person is available to monitor the bid package review process. 3
4. Bid Review and Award. To allow a thorough bid review by the originating department, Purchasing Division should make copies of the tabulation sheets for the requesting department and
have all bids available for their review (upon request) in the Purchasing Division. Included would be the contractors Bid Form, response page, references, bid bond, and any pages stating
substitutions or changes to the bid document. After the originals are secured in the bid file, the requesting City department upon request should be forwarded the bid copies for their
review. In some cases, review of bids may be performed by a contracted Architectural /Engineering firm. Copies of bids must then be provided to both the requesting department and the
Architectural/Engineering consultant. The contract award should generally be made to the lowest most responsive/responsible bidder meeting specifications as outlined in "Section 5 -Bids".
If this is not the case, a thorough explanation should accompany the department's memo to Purchasing Division for formal evaluation. The Purchasing Agent will then review the award.
If in agreement, a recommendation is forwarded to the City Clerk in an Agenda Memo format for Commission approval. Assuming City Commission approval, a purchase order will be issued
to the successful contractor after agreements are approved and signed, and bonding and insurance requirements have been met. Care must be taken to reference the bid on the purchase order,
noting that "all terms, conditions, plans, and specifications” of that bid shall apply. 5. Formal Construction Contract (Agreement). Due to the complex nature and duration of construction
projects, a formal construction contract is prepared and copies are issued to all parties. These contracts are prepared in either Purchasing Division, Engineering, hired Architectural/Engineering
firm, or the City Attorney's Office. The formal construction contract is based on the bid document and plans. The contractor shall provide all required licensing, insurance, and bond
bond documentation to the City along with the signed contracts. Upon receipt of all documents, a “Notice To Proceed” is issued. All contracts are reviewed and approved by the City Attorney
as to form and legality before the contract is signed. 6. Special Provisions for FDOT Funded Projects. When the City undertakes a construction projected which is funded in whole or in
part by the Florida Department of Transportation, the City’s bid announcement or invitation shall contain the following provisions: 4
5 A. The City’s bid protest procedure, and B. The FDOT procedures for pre-qualification of bidders. DEVELOPED BY: Purchasing Division EFFECTIVE DATE: February 1, 1998 REVISED: December
1, 2005 Kurt Bressner Kurt Bressner City Manager