B-7-25-12_Inv_&_Specs.pdf

TECHNICAL SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

SOUTH CENTRAL VIERA I-95 REUSE TRANSMISSION – 16 INCH

NOVEMBER 2024

B-7-25-12

Prepared By:

Atkins North America 482 South Keller Road

Orlando, FL 32810 407-647-7275

Ferdinand Vasquez, P.E. Bid No. B-7-25-12 Registered Engineer No. 69248 Owner Project No. 6540409 State of Florida Engineer Project No. 100076505

TABLE OF CONTENTS

DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS

00020 BID ACKNOWLEDGEMENT

00030 ADVERTISEMENT FOR BIDS FOR BREVARD COUNTY

00100 INSTRUCTIONS TO BIDDERS

00300 BID RESPONSE & REQUIRED FORMS

00500 CONTRACT

00600 PUBLIC CONSTRUCTION BOND (PAYMENT AND PERFORMANCE)

00640 MAINTENANCE BOND

00650 CERTIFICATION OF INSURANCE

00700 GENERAL CONDITIONS

00750 NORMAL WEATHER PATTERNS

00800 SUPPLEMENTARY CONDITIONS

00810 SPECIAL CONDITIONS

00830 CONTRACT FORMS

DIVISION 1 - GENERAL REQUIREMENTS

01000 GENERAL REQUIREMENTS

01025 MEASUREMENT AND PAYMENT

01027 PERIODIC PAY ESTIMATES

01030 SPECIAL PROJECT PROCEDURES

01041 PROJECT COORDINATION

01047 MODIFICATIONS TO EXISTING STRUCTURES, PIPING, AND

EQUIPMENT

01050 FIELD ENGINEERING AND SURVEYING

01065 PERMIT AND FEES

01090 REFERENCE STANDARDS

01200 PROJECT MEETINGS

01300 SUBMITTALS

01310 CONSTRUCTION SCHEDULE

01340 SHOP DRAWINGS

01370 SCHEDULE OF VALUES

01380 CONSTRUCTION PHOTOGRAPHS

01410 TESTING LABORATORY SERVICES

01500 TEMPORARY FACILITIES

01530 PROTECTION OF EXISTING FACILITIES

01545 CUTTING AND PATCHING

01600 MATERIAL AND EQUIPMENT

01640 DEMOLITION AND RECONSTRUCTION

01700 CONTRACT CLOSEOUT

01710 CLEANING

01720 PROJECT DOCUMENTS

01730 OPERATING AND MAINTENANCE DATA

01740 WARRANTIES AND BONDS

01850 COLOR AUDIO-VIDEO PRECONSTRUCTION RECORD

01900 SEQUENCE OF CONSTRUCTION

DIVISION 2 – SITE WORK

02010 MOBILIZATION

02080 UTILITY MATERIALS

02200 SITE PREPARATION

02240 DEWATERING

02276 TEMPORARY EROSION AND SEDIMENTATION CONTROL

02300 EARTHWORK

02400 DEMOBILIZATION

02500 EXISTING UTILITIES

02540 BORING AND JACKING

02574 PAVEMENT REMOVAL AND REPLACEMENT

02690 DIRECTIONAL DRILLING

02733 BURIED PIPELINE LOCATION MARKERS

02920 TOPSOIL

02934 SOLID SODDING

02950 SITE RESTORATION

DIVISION 3 – CONCRETE

03050 MISCELLANEOUS CONCRETE

03600 GROUT

DIVISION 9 – FINISHES

09900 PAINTING

DIVISION 15 – MECHANICAL

15044 PRESSURE TESTING OF PIPING

APPENDICES - SEE SPECIFICATIONS ATTACHMENT

APPENDIX A APPROVED MANUFACTURER’S LIST

APPENDIX B FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY PERMIT

APPENDIX C BREVARD COUNTY PUBLIC WORKS RIGHT OF WAY PERMIT

APPENDIX D GEOTECHNICAL REPORT

END OF TABLE OF CONTENTS

Section 00020 Page 4

SUBMIT SEALED BID TO:

BREVARD COUNTY PURCHASING SERVICES

2725 JUDGE FRAN JAMIESON WAY

BLDG. C, 3rd FLOOR, SUITE C-303

VIERA, FL 32940

INVITATION TO BID

Bid Acknowledgment

PROCUREMENT ANALYST:

Heather Riley Heather.riley@brevardfl.gov

(321) 617-7390 Ext. 5-9336

AN EQUAL

OPPORTUNITY

EMPLOYER

FLORIDA TAX EXEMPT #85-8012621749C-1

FEDERAL TAX EXEMPT #59-6000523

BID SPECIFICATIONS MAY BE OBTAINED AT: myvendorlink.com

RELEASE DATE:

November 27, 2024

BID TITLE:

South Central Viera I-95 Reuse Transmission – 16 Inch

BID NUMBER:

B-7-25-12

BID OPENING DATE AND TIME:

January 7, 2025 @ 10am

PRE-BID DATE, TIME, AND LOCATION:

A pre-bid meeting will be held on December 10, 2024, at 10:00 AM, at the South Central Regional WWTP, Maintenance Building, 10001 N Wickham Rd, Melbourne, FL 32940

Mandatory

Non-Mandatory

BIDS RECEIVED AFTER ABOVE

DATE AND TIME

WILL NOT BE ACCEPTED

▼CONTRACTOR MUST COMPLETE THIS AREA AND RETURN FORM▼

LEGAL NAME OF CONTRACTOR AND BUSINESS ADDRESS:

FEDERAL ID NO. (FEIN) OR SOCIAL SECURITY NO. (SSN):

If returning as a “no bid,” state reason:

TELEPHONE NUMBER/TOLL-FREE NUMBER:

I certify that this bid is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a bid for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I certify that I am authorized to sign this bid for the Contractor. In submitting a bid to Brevard County (the “County”), the Contractor offers and agrees that if the bid is accepted, the Contractor will convey, sell, assign, or transfer to the County all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the County. At the County’s discretion, such assignment shall be made and become effective at the time the County tenders final payment to the Contractor. The Contractor has reviewed and agrees to all of the General Conditions, Terms, and Provisions attached hereto, acknowledges that all information provided in this I.T.B. and any attachments hereto is true and correct, and further agrees to provide any required certification under F.S. 287.135(5) as amended, upon entering into a contract with the County. Bidder is familiar with all laws and regulations that may affect cost, progress, and performance of the work, including Build America, Buy America Act (BABAA) requirements.

AUTHORIZED SIGNATURE (MANUAL)

NAME (PRINTED)

TITLE DATE

*THIS FORM MUST BE NOTARIZED AND RETURNED WITH YOUR BID*

Sworn to and subscribed before me this _____ day of _____________ 20____.

Personally known:

Or produced identification: Type of ID: _______________________

SIGNATURE OF NOTARY PUBLIC STATE

NAME OF NOTARY PUBLIC (PRINTED)

My commission expires________________________________

BOND DATA

CONTRACTOR MUST PROVIDE: AMOUNT:

Yes No BID BOND _______5%_________ Yes No PERFORMANCE BOND __________________ Yes No CONSTRUCTION BOND _____100%_________ Yes No LABOR, MATERIAL, PERFORMANCE BOND ___________________

(AFFIX SEAL or STAMP)

Section 00020 Page 5

SECTION 00030

ADVERTISEMENT FOR BIDS FOR BREVARD COUNTY

Sealed bids will be received at Brevard County Purchasing Services, 2725 Judge Fran Jamieson Way, Building C, Third Floor, Suite C-303, Viera, Florida 32940, until 10:00 am on Tuesday, January 7, 2025.

PROJECT SUMMARY

The project consists of extending the existing reclaimed water main (RWM) from the current termination points on Viera Blvd., between Stadium Parkway and Star Rush Drive. The RWM will be approximately 5,125 feet of 16-inch ductile iron pipe and 20-inch HDPE pipe, and cross Interstate 95 (I-95) via bore and jack; and all other incidentals including demolition necessary to complete the work in accordance with the Invitation to Bid documents.

PRE-BID MEETING

A non-mandatory, pre-bid conference will be held on December 10, 2024, at 10:00 am, at the South Central Regional WWTP, Maintenance Building, 10001 N. Wickham Rd., Melbourne, FL32940. All prospective bidders are strongly encouraged to attend.

BID SUBMITTALS

Bids shall be submitted in one (1) original hard copy along with an electronic copy on a USB flash Drive (this is only required if not submitted electronically on Vendorlink). Electronic bid filing is now available on VendorLink at www.myvendorlink.com . Electronic bidding is preferred; however hard copy bids are still accepted. The Bid Documents are available at Purchasing Services, 2725 Judge Fran Jamieson Way, Bldg.

C, Suite C-303, Viera, FL 32940, or at VendorLink or by contacting the Purchasing Services directly. For more information on gaining access to the bid specifications, send an email message to Heather Riley at heather.riley@brevardfl.gov or by telephone at 321-617-7390 Ext 59336.

All questions about the meaning or intent of the Bidding Documents must be submitted in writing to Heather Riley, Procurement Analyst, Brevard County Purchasing Services, 2725 Judge Fran Jamieson Way, Building C, Third Floor, Suite C-303, Viera, Florida 32940. Written questions may be mailed, expedited, faxed to (321) 617- 7391, or sent via email to: heather.riley@brevardfl.gov. All questions must be received in writing prior to 5:00 pm Monday, December 23, 2024.

No bid shall be considered unless sealed and filed with Purchasing Services at the address specified no later than the time set forth above. The official time clock will be the date and time stamp clock located in Purchasing Services. Each bid must be accompanied by a Bidder’s Bond, payable to Brevard County, Florida, for five percent (5%) of the amount of the bid, to be forfeited as liquidated damages in the event that the bid is accepted, and the bidder fails to enter promptly into a written contract and furnish the required Public Construction Bond, and Insurance Certificates. If submitting electronically and utilizing a certified check or cashier’s check in lieu of a bid bond, a hard copy of the check must still be received in the Purchasing Services by the due date and time of the bid. Bids arriving after the designated time will be returned unopened.

No bids shall be withdrawn for a period of thirty (30) days after the opening of bids. Brevard County reserves the right to reject any or all bids and waive minor irregularities.

Section 00020 Page 6

Bids must be submitted in a sealed envelope and be marked on the outside of the envelope:

SEALED BID FOR: SOUTH CENTRAL VIERA I-95 EXTEND REUSE TRANSMISSION – 16 INCH

BID NUMBER: B-7-25-12

BID OPENING DATE: January 7, 2025, at 10:00 am, in the Purchasing Services Conference Room, Building C, Third Floor, Brevard County Government Center.

Section 00020 Page 7

BIDDER CHECKLIST

BID # B-7-25-12

The items listed and marked below are required for submission with your bid for this project. Failure to submit any items indicated as required may result in rejection of the bid. Offers to provide required items after the date and time designated for the receipt of bids will not be considered.

Completed & Signed Invitation to Bid, Section 00020

Bid Response, Section 0300

Bid Price Sheet (Bid Schedule), Section 00300

E-Verify Memorandum of Understanding (MOU)

Acknowledgment of Officer to Execute Bid on Behalf of a Corporation, Section 00300

Bid Security Bond, Section 00300

Minority Employment Info, Section 00300

Trench Safety Act Compliance, Section 00300

Contractor Affidavit Regarding Scrutinized Company L, Section 00300

Disclosure Form Foreign Influence on Contracts or Grants Having a Value of $100,000 or more, Section 00300

Non-Collusion Affidavit of Prime Bidder, Section 00300

Foreign Country of Concern Attestation

Electronic copy of Bid on USB Flash Drive (this is only required if not submitted online through

Vendorlink)

END OF SECTION

Section 00100 Page 8

SECTION 00100

INSTRUCTIONS TO BIDDERS

1.01 DEFINITIONS

General: Whenever in the Contract Documents, the following terms (or pronouns in place of them) are used, the intent and meaning of such terms shall be interpreted as follows:

1. Addendum or Addenda: A written explanation, interpretation, change, correction, addition, deletion, or modification, affecting the Contract Documents, including Drawings and Specifications issued by the Owner and distributed to prospective bidders prior to the bid opening.

2. Affidavit: The instrument which is to be signed by the Contractor and submitted to the Owner through the

Engineer, upon completion of that job, showing that all bills have been paid. It shall also mean such instrument that may be requested by the Owner incident to partial payments.

3. “And” – “Or”: The word “and” shall also mean “or”, and the word “or” shall also mean “and” whenever the contents or purpose so require.

4. Article: The prime subdivision of a section of these or any other referenced Specifications, the Instructions to Bidders, and Special Conditions and the General Conditions.

5. Bid: The offer of the Bidder for the work when made out and submitted on the prescribed bid form, properly signed and guaranteed.

6. Bid Form: The official form on which the Owner requires formal bids to be prepared and submitted.

7. Bidder: An individual, firm or corporation submitting a bid for the subject work contemplated; acting directly or through a duly authorized representative.

8. Bid Security or Bid Bond: The security designated in the Bid to be furnished by the Bidder as guaranty that Bidder will enter into the Contract for the work if the bid is accepted.

9. Business Day: Any normal and scheduled workday of the Brevard County Board of County

Commissioners, excluding Saturdays, Sundays and holidays officially observed by the Board, and not including declared emergencies.

10. Calendar Day: Any day, including Saturdays, Sundays, and holidays, and regardless of the weather conditions.

11. Change Order: A written change to the Contract Documents approved by the OWNER added to or deleted from the Contract value or scope of work for the project. A Change Order is a signed amendment to the Contract Documents for any of the following:

a. A change in the Scope of Work;

b. The adjustment in the amount of the contract sum, if any; and

c. The extension or the adjustment in the contract time, if any.

Section 00100 Page 9

12. Collusion: A secret agreement between two or more parties to limit competition by deceiving, misleading, or defrauding others, or to obtain an objective forbidden by law, typically by defrauding or gaining an unfair advantage.

13. Contractor: The firm whose Bid is accepted by the OWNER and who has entered into a formal contract with the OWNER to furnish the work. The Contractor has the obligation to deliver to the OWNER the completed Project in compliance with the Contract Documents and in a good and workmanlike condition.

14. Contract Documents: The “Contract Documents,” sometimes referred to as the “Drawings and

Specifications” and/or “Contract”, shall mean and include by incorporation by reference all of the following:

a. Advertisement for Bids;

b. Instructions to Bidders;

c. Bid;

d. Bid Bond;

e. Contract;

f. Public Construction Bond;

g. General Conditions;

h. Special Conditions;

i. Supplemental Specifications;

j. Technical Conditions

k. Technical Specifications

l. Addenda;

m. Drawings;

n. Certificate of Work; and

o. Signed Change Orders

p. Schedule of Work

q. Signed written task orders

r. Notice of Award

s. Notice to Proceed

15. Contract Time: The time period in calendar days between the Project Initiation Date(s) specified in a

Notice(s) to Proceed and Final Completion of the Work, including any Milestone dates, established in this Contract, which may be amended by a Change Order.

16. County Commission: The Board of County Commissioners of Brevard County, Florida.

17. Drawings: The official approved Permit drawings or plans to exact reproductions thereof which show the location, character, dimensions, and details of the work to be done and which are incorporated by reference as part of the Contract Documents, the same as though attached thereto.

18. Engineer: See “Owner’s Engineer” below.

19. Equipment: The machinery and equipment, together with the necessary supplies for upkeep and maintenance, and including the tools and apparatus necessary for the proper construction and acceptable completion of the Work.

20. Final Completion: The date noticed by the Owner, in its sole discretion, upon which all of the following activities have occurred: conditions and requirements of any and all permits and regulatory agencies have

Section 00100 Page 10 been satisfied; As-Built Survey Drawings delivered to and accepted by the Owner; and the Work defined herein has been fully completed in compliance with the terms and conditions of the Contract Documents.

21. Final Acceptance: The date of final payment made by the Owner, in its sole discretion, upon which all conditions and requirements of the Contract Documents by the Contractor have been satisfied.

22. Force Account Work: Work performed pursuant to a work order from the Owner in addition to that set forth in the original contract or in supplemental agreements or change orders, and which is paid for on the basis of actual cost of materials and labor, plus a fixed percentage of such costs.

23. Materials: Any substance proposed to be used in connection with the construction of any structure, facility or appurtenance, or of other work under the contract.

24. Milestone: A portion of Work as defined in the Sequence of Operations having a distinct completion date and liquidated damages assessment if not completed in accordance with the Contract Documents.

25. Nominal Quantity: A contingent amount included in the Bid Form to establish a price extension for a contingent item of unknown character and quantity generally relating to subsoil conditions.

26. Normal Local Weather Conditions: Normal Local Weather Conditions are defined by the attached chart showing Normal Weather Patterns for Melbourne by each calendar month showing average precipitation in inches.

27. Notices:

a. Notice of Award: Official letter from the Owner requesting the successful Bidder to furnish all the documents required for the signing of the Contract.

b. Notice to Proceed: The official letter from the Owner to the Contractor instructing the

Contractor to commence work; identifying the date when the Contract time begins to run and a completion date.

c. Notice of Substantial Completion: The official notice from the Owner to the Contractor of the date the work has been accepted as substantially complete.

28. Owner: Brevard County Board of County Commissioners.

29. The Owner’s Engineer: Any instructions, advice, or recommendations Owner’s Engineer may give the

Contractor are given in the name of the Owner and by Owner’s authority and consent. The Owner’s Engineer shall not supplant the Contractor in Contractor's conduct, direction and supervision of the work, unless specifically directed to do so by the Owner, in writing, under appropriate terms of the Contract Documents. All orders and instructions of the Owner to the Contractor shall be given through the Owner’s Engineer. It is recognized that the Contractor is wholly and solely responsible for delivery to the Owner of the completed work in compliance with all Contract Documents and in good workmanship. If directions given by Owner’s Engineer will result in change in contract price or time, Contractor must notify Owner’s Engineer, and receive an approved Change Order, before beginning the work.

30. Public Construction Bonds: The securities furnished by the Contractor and the sureties as a guaranty that the Contractor will fulfill the terms of the Contract in accordance with the Drawings, Specifications and other Contract Documents. (Forms to be used are included in this package).

31. Person: The word “person” shall mean and include any individual, partnership, society, association joint

Section 00100 Page 11 stock company, corporation, estate, receiver, trustee, assignee, or referee, whether appointed by a court or otherwise, and any combination of individuals or “persons”.

32. Principal: When used in the Bid Bond, the word “Principal” means the same as the word “Bidder”. When used in the Performance and Payment Bonds, the word “Principal” means the same as the word “Contractor”.

33. Project: The “Project” is described in Section 00030 of this agreement, entitled “Advertisement for Bids for Brevard County”, and also includes the entire construction of the Project to be performed as provided in the Contract Documents.

34. Project Manual: The title of the documentary information, whether bound or provided in electronic format, prepared for a construction project, which includes bidding requirements, conditions of contract and product specifications.

35. Pronouns: The masculine pronoun shall include the feminine and neuter and the singular shall include the plural.

36. Provided: As used in the Specifications or upon the Drawings, the word “provided” shall be understood to mean “provided complete in place”, that is, “furnished and installed”.

37. Sequence of Construction: The order of work or activity to be followed (operations) in order to achieve the desired objectives of the Project for completion on schedule and within budget.

38. Sequence of Operations: Sequence of operations means the operation adjustments to the existing utility system taken in order to accommodate the sequence of construction in order to maintain operation and meet OWNER’S demands and achieve regulatory compliance.

39. Scope of the Work: Includes the Work, as the term is herein defined, as well as the responsibility for performing and complying with all incidental matters pertaining thereto, as set out in the Contract Documents.

40. Specifications: The Instructions to Bidders, General Conditions, Special Conditions, Technical

Specifications and such other documents as set forth in the Contract Documents.

41. Special Conditions: Specific clauses supplemental to the other Contract Documents setting forth conditions varying from or additional to the other Contract Documents for a specific project.

42. State: State of Florida.

43. Subcontractor: A person supplying labor, materials, supplies, equipment, services, and other incidentals used directly or indirectly by the Contractor or Subcontractors. Such person has contractual relations with the Contractor, but not with the Owner.

44. Superintendent: The Contractor’s authorized executive representative, in responsible charge of the work at all times.

45. Surety: The corporate body which is bound by the Performance and Payment Bonds with and for the

Contractor (who is primarily liable) and which engages to be responsible for his acceptable performance of the work for which the contract has been made and/or for his prompt payment of all debts pertaining thereto.

Section 00100 Page 12

46. Work Order: A written authorization to the Contractor signed by the Owner, concerning the performance of work and/or the furnishing of materials on a force account basis as provided in the General Conditions.

47. Work: All work activities implied or expressly required to be furnished and/or completed by the

Contractor to be in full compliance with the Contract Documents.

48. County: The term “County” herein refers to the County of Brevard, Florida, and its duly authorized representatives.

49. Qualified Contractor: The best Contractor who has the capability in all respects to fully perform the bid requirements, has the financial stability, honesty, integrity, skill, business judgment, experience, facilities, and reliability necessary to assure good faith performance of the contract, as determined by reference to the Contractor’s Qualification Statement, evaluations by County staff of the Contractor or its subcontractors’ past performance for the Board, an any other information required by Board policies.

50. Responsive Contractor: A Contractor who has submitted a bid, which conforms in all respects to the requirements of the bid package, including, but not limited to, submission of the bid on required forms with all required information, signatures, and notarizations at the place and time specified.

1.02 OBLIGATION OF BIDDER TO BECOME INFORMED AS TO ALL CONDITIONS RELATING TO

PROJECT

A. The Bidder, by and through the submission of the bid, agrees that the Bidder shall have made a reasonable investigation of the site, including surface and subsurface conditions, prior to formulating the bid. Bidder further agrees that Bidder has examined the site and the location of all proposed work and that Bidder has satisfied himself from Bidder’s own personal knowledge and experience or from professional advice as to the character, condition and location of the site, (including the nature of the ground, surface and subsurface; the water elevations; location of buried utilities; any other conditions surrounding and affecting the work; any obstructions; the nature of any existing construction; and all other physical characteristics of the job), that Bidder has accounted for such conditions and characteristics in the prices bid including all costs pertaining to the work and for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which may be encountered in doing the proposed work.

B. Any records of contours, obstructions and other subsurface investigations shown on the Drawings or included hereinafter, were made solely for design purposes for the work, and the Owner and Owner's Engineer do not warrant, guarantee or represent that said data is correct with respect to actual subsurface conditions; therefore, the Bidder, by and through the submission of the bid, affirms that Bidder has made, or has caused to be made, such reasonable test holes and/or other reasonable investigations of such subsurface conditions, and/or that Bidder is otherwise satisfied with respect to such conditions; and should the Bidder be awarded the Contract, Bidder agrees that Bidder will make no claims against the Owner or Owner's Engineer if in carrying out the Work, Bidder finds that the actual conditions do not conform to those indicated as a result of such tests or inspections.

1.03 EXAMINATION OF CONTRACT DOCUMENTS

The Bidder warrants that Bidder has carefully examined the Drawings and Specifications and other

Section 00100 Page 13

Contract Documents and informed himself thoroughly regarding any and all conditions and requirements, including the construction schedule requirements of Section 01310, that may in any manner affect the work to be performed under the Contract. Ignorance on the part of the Contractor will in no way relieve Bidder of the obligations and responsibilities assumed under the Contract.

1.04 DISCREPANCIES, INCONSISTENCIES OR AMBIGUITIES IN CONTRACT DOCUMENT

Should a Bidder find any type of potential inconsistencies, discrepancies, ambiguities, errors, and/or omissions from the Drawings, Specifications, any Contract Document, or should the Bidder be in doubt as to their meaning, the Bidder shall at once notify the assigned Procurement Analyst in Purchasing Services, as named on the Bid Acknowledgement page. The written submission shall contain specific detailed references to the Contract Documents the Bidder believes are at issue for the Owner and Engineer to evaluate and address. Any questions shall be submitted to Purchasing Services in writing no later than deadline for questions as set forth in Section 00030, “Advertisement For Bids For Brevard County.”

1.05 FAMILIARITY WITH LAWS

The Bidder is required to be familiar with and shall be responsible for complying with all federal, state and local laws, ordinances, rules and regulations that in any manner affect the work, including those provisions of Brevard County ordinance 98-37 codified in sec. 2-226 through 2-229 of the Code of Ordinances of Brevard County, Florida (hereafter referred to as the Code), which are incorporated by reference herein as part of these instructions and as a part of the contract documents. The above-referenced sections of the Code shall prevail to the extent of any conflict with any provision in the contract documents. For the purposes of this section, the provisions of section 1.15 or 1.16 of these instructions are not deemed to be in conflict with any standard or provision set forth in sec.2-226 through 2-229 of the Code.

1.06 DISQUALIFICATION OF BIDDERS

A. One Bid: Only one Bid from an individual firm, partnership or corporation under the same or under different names will be considered. If it is believed that a Bidder has an interest in more than one Bid for the work involved, all Bids in which such a Bidder is interested will be rejected.

B. Collusion Among Bidders: If it is believed that collusion exists among the Bidders, the Bids of all participants in such collusion will be rejected, and no participants in such collusion will be considered in future bids for the same work.

1.07 BID SECURITY

Each bid must be accompanied by either (1) cash, (2) a Cashier’s or Certified Check of the Bidder, made payable to the Owner, (Brevard County Board of County Commissioners), or (3) a Bidder’s Bond, utilizing the form provided in the contract documents, in an amount not less than five percent (5%) of the total amount of the bid. DO NOT MODIFY OR RE-ISSUE THE BID SECURITY

BOND FORM. USE THE FORM PROVIDED IN THE SPECIFICATIONS ONLY. FAILURE

TO USE THE FORM PROVIDED IN THE SPECIFICATIONS MAY RESULT IN

DISQUALIFICATION OF THE BIDDER. A cashier’s check shall have the necessary State of Florida’s Documentary Stamps attached. Cash and checks will be returned within ten (10) days after the Owner and the accepted Bidder have executed the written Contract. Bid Bonds will only be returned

Section 00100 Page 14 upon request and retained as part of the official file. If ninety (90) days have passed after the date of the formal opening of the bids and no Contract has been awarded, the bid security of any Bidder will be returned upon written request of Bidder, provided that the Bidder has not been notified of the acceptance of the Bid.

1.08 POWER OF ATTORNEY

Attorneys-in-Fact who sign Bid Bonds, Public Construction Bonds, Maintenance Bonds, or any other required Bonds must file with such bonds a certified copy of their Power of Attorney to sign said Bonds.

1.09 BID SECURITY FORFEITED - LIQUIDATED DAMAGES

Failure to execute a Contract and file acceptable bonds as provided herein within ten (10) days after a written Notice of Award has been given shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the Owner, which forfeiture shall be considered not as a penalty, but in liquidation of damages sustained. The Award may then be made to the next lowest, most responsive, and qualified Bidder, or all bids may be rejected by the Owner.

1.10 WITHDRAWAL OF BID

Any bid may be withdrawn prior to the time scheduled in the Advertisement for Bids for the opening thereof, provided that it is done in writing by the one who signed the Bid and that the withdrawal is submitted in the same manner as the bid.

1.11 CONTRACTOR COMPLAINTS AND DISPUTES

A. Brevard County encourages prompt and fair handling of all complaints and disputes with the business community. In order to resolve disputed matters in an equitable manner, the following procedures are adopted:

B. Posting of Award Notices

FORMAL SEALED BIDS: No later than three (3) business days after a bid opening, the Purchasing Manager or his/her designee shall post a tabulation of competitive sealed bids to the VendorLink website. The apparent responsive low contractor will be the intended award recommendation. If, after posting the tabulation, the apparent low contractor is found to be non-responsive to the specifications, a revised tabulation will be posted indicating that the low contractor is non-responsive and that the next lowest contractor is the intended awardee. The time for filing a protest will begin on the date of the later posting.

C. Protest Proceedings

Any vendor or contractor who is allegedly aggrieved in connection with the solicitation of the intended award recommendation must file a written protest with the Purchasing Manager no later than 5:00 p.m. on the 5th full business day after the intended award was posted.

The written protest shall reference the bid, quote, proposal, or qualification number, identify the protestor, and contain a factual summary upon which the protest is based, including full details of adverse effects and the relief sought. Within seven (7) business days of receiving the written

Section 00100 Page 15 protest, the Purchasing Manager will meet with the protester to attempt to resolve the protest and issue a written decision on the merits of the protest.

The protester may appeal the Purchasing Manager’s decision in writing no later than 5:00 p.m.

on the 5th business day after the date of the written decision by the Purchasing Manager to a Protest Committee. This appeal to the Protest Committee by the protester is a final means of administrative remedy to the protest. Within seven (7) business days after receipt of the protester’s appeal, the Purchasing Manager will arrange a meeting of the Protest Committee and the protester.

The Protest Committee shall consist of two (2) Department Directors or designees, both of whom must be from an organizational group to which the user department or group is not assigned, and one (1) Assistant County Manager, who must be from an organizational group which the user department or group is not assigned under.

The Purchasing Manager shall act as a non-voting Hearing Coordinator, and the County Attorney or designee may attend as a non-voting member. Public meeting notices will be posted.

The Purchasing Analyst will record the meeting and provide any information as the Committee may request. The purpose of the meeting of the Protest Committee is to evaluate the facts and merits of the protest and to reach a final resolution of the protest.

D. Stay of Procurements During Protests

Failure to observe any or all of the above procedures shall constitute a waiver of the right to protest a contract award. In the event of a timely protest under the procedure, the County shall not proceed further with solicitation or with the award until a recommendation is made by the Protest Committee.

1.12 INTERPRETATION OF QUANTITIES

In the case of unit price items, the amount of work and the quantity of materials to be furnished under this Contract, given in the Bid Form, are to be considered approximate only and are to be used solely for the comparison of Bids received. The Owner does not expressly, or by implication, represent that actual quantities involved will correspond exactly therewith, nor shall the Bidder plead misunderstanding or deception because of such estimate or quantities or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or material furnished in accordance with the Drawings and other Contract Documents, and it is understood that the quantities may be increased or diminished as provided in the General Conditions without in any way invalidating any of the unit or lump sum prices bid.

1.13 ALTERNATES

A. When certain items of equipment and/or materials are specified and/or described as the product of a particular manufacturer together with any required additional information such as model, number, size or catalog number, only such specific items may be used in the Base Bid except as hereinafter provided.

B. The Contractor must judge for himself that such alternate equipment is of comparable character and quality to the specified equipment. The Owner or the Owner’s Engineer will not discuss, Section 00100 Page 16 approve or disapprove any alternate equipment and/or materials before the bids are opened. The cost of changes in related work, additional drawings which may be required to illustrate or define the alternate equipment and its relation to the other parts or portions of the work shall be paid by the Contractor. No change will be made in the amount of time in which to complete the work or in the liquidated damages.

1.14 CERTIFICATE OF COMPETENCY

A Bidder need not have a Brevard County Business Tax Receipt at the time of the Bid submittal;

however, before the Contract can be awarded, a Business Tax Receipt must be obtained by the selected Bidder.

1.15 E-VERIFICATION

A. In accordance with Section 448.095, Florida Statutes, a public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the US Department of Homeland Security E-Verify Program.

B. The County shall not enter into or renew a contract with a vendor/contractor not enrolled in the E-

Verify Program. Any vendor/contractor that has a contract with the County shall be contractually required to utilize E-Verify to confirm the employment eligibility of any employee hired during the contract term.

C. The County shall verify the Vendor/Contractor participation in the E-Verify Program by confirming their enrollment on the US Department of Homeland Security E-Verify Website.

Vendor/Contractor whose participation cannot be verified on the US Department of Homeland Security’s E-Verify Website, shall provide acceptable evidence of their enrollment prior to award and the execution of a contract.

D. A contractor who registers with and participates in the E-Verify program may not be barred or penalized under this Section if, as a result of receiving inaccurate verification information from the E-Verify Program, the contractor hires or employs a person who is not eligible for employment.

E. Nothing in this section may be construed to allow intentional discrimination of any class protected by law.

1.16 ATTORNEY'S FEES

In the event of any legal action to enforce the terms of this Contract, each party shall bear its own attorney's fees and costs, and any trial shall be non-jury, provided, however, that any Surety incorporating all or a part of the Contract Documents into a Public Construction and/or Maintenance Bond shall be liable for the County’s attorney fees where authorized by Florida statutory law, as interpreted by case law, making a surety or insurance company liable for payment of the County’s attorney’s fees as a result of litigation or a dispute arising out of either a Public Construction Bond or a contract incorporated into a Public Construction Bond.

1.17 VENUE

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The venue for any legal action by any party to this contract to interpret, construe, or enforce this contract shall be in a court of competent jurisdiction in and for Brevard County, Florida, or in the Federal Courts wherein the venue shall lie in the Middle District in and for the State of Florida.

1.18 WAIVER OF JURY TRIAL

The parties acknowledge that by entering into this Agreement, they are giving up their rights to have any dispute decided before a jury. Any trial between the parties will be a non-jury trial.

1.19 FLORIDA PUBLIC RECORDS LAW

A. Both parties understand that the County is subject to the Florida Public Records Law, Chapter 119, Florida Statutes, and all other applicable Florida Statutes. If the materials provided by the Contractor do not fall under a specific exemption, under Florida or federal law, materials provided by the Contractor to the County would have to be provided to anyone making a public records request. It will be the bidder’s duty to identify the information that it deems is exempt under Florida/federal law and identify the statute by number that exempts that information.

B. Should any person or entity make a public request of the County that requires or would require the County to allow inspection or provide copies of records that the Contractor maintains are exempt from Public Records Law or are confidential, it shall be the Contractor’s obligation to provide the County, within 24 hours (not including weekends and legal holidays), of notification by the County to the Contractor of the request, of the specific exemption or confidentiality provision so the County will able to comply with the requirements of Sections. 119.07(1)(e) and (f), Florida Statutes. Should the County face any kind of legal action to require or enforce inspection or production of any records provided by the Contractor to the County that the Contractor maintains are exempt or confidential from such inspection/production as a public record, then the Contractor shall hire and compensate attorney(s) who shall represent the interest of the County as well as the Contractor in defending such action. The Contractor shall also pay any costs to defend such action and shall pay any costs and attorney’s fees which may be awarded pursuant to Section 119.12, Florida Statutes.

C. All material submitted becomes the property of the County and may be returned only at the

County's option. The County has the right to use any or all ideas presented in any reply to this Invitation to Bid (Bid). Selection or rejection of any proposal does not affect this right.

1.20 RIGHT TO AUDIT RECORDS:

A. In the performance of this Agreement, the vendor/contractor shall keep books, records, and accounts of all activities related to the agreement in compliance with generally accepted accounting procedures. Books, records, and accounts related to the performance of this agreement shall be open to inspection during regular business hours by an authorized representative of Brevard County and shall be retained by the vendor for a period of three years after the termination of this agreement. All records, books, and accounts related to the performance of this agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes.

B. No reports, data, programs, or other materials produced, in whole or in part for the benefit and use of the County, under this agreement shall be subject to copyright by the vendor in the United States or any other country.

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1.21 NON-LOBBYING STATEMENT

All firms are hereby placed on notice that the County Commission and Staff shall not be contacted about this Bid. Firms and their agents are hereby placed on notice that they are not to contact members of the County Commission or Staff (with the exception of the Purchasing Services). Public meetings and public deliberations of the Pre-Qualification Committee are the only acceptable forum for discussing the merits of products/services requested by the request for this bid, and written correspondence regarding bids may be submitted to the Purchasing Department. Each Bid will have one non-voting staff member designated to serve as the liaison. Failure to adhere to these requirements could result in board action to disqualify your firm from consideration of award.

1.22 EXECUTION OF BID

The Bid must contain a manual signature of an authorized representative in the space(s) provided. The Bid must be typed or printed in ink. The use of erasable ink is not permitted. All corrections made by the Contractor to any bid entry must be initialed. The company name and the Federal Employer Identification Number (FEIN) shall appear in the spaces provided.

1.23 CLARIFICATION/CORRECTION OF BID ENTRY

The County reserves the right to allow for the clarification of questionable entries and for the correction of OBVIOUS MISTAKES.

1.24 EEO STATEMENT

Contractors must ensure that employees and applicants for employment are not discriminated against for reasons of race, color, age, religion, sex, national origin, or handicapped status. Minority and female-owned businesses are encouraged to participate. Brevard County is an equal-opportunity employer.

1.25 ADDITIONAL TERMS & CONDITIONS

The County of Brevard reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original conditions and specifications.

1.26 TAXES

The County of Brevard is exempt from Federal excise taxes and all State sales taxes.

1.27 MEETS SPECIFICATIONS

All equipment and accessories furnished under these specifications shall be new, the latest model in current production, and shall be of good quality, workmanship, and material. The Contractor represents that all equipment offered under these specifications shall meet or exceed the minimum requirements specified. Delivery specifications shall be strictly adhered to. The Contractor shall be responsible for performing the work necessary to meet County standards in a safe, neat, good, and workmanlike manner.

1.28 SILENCE OF SPECIFICATIONS

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The apparent silence of the specifications and any supplemental specifications as to any details or the omission from some of any detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and only materials of first quality be provided. All interpretations of this specification shall be made on the basis of this statement.

1.29 ASSIGNMENT

Any purchase order (PO) issued pursuant to this Bid and the money which may become due hereunder is not assignable except with the prior written approval of the Purchasing Manager.

1.30 INDEMNIFICATION

The successful Contractor agrees to indemnify and hold harmless the County and their employees from all claims, losses, and expenses, including attorneys’ fees, arising out of or resulting from the performance, failure in the performance of, or defect in, the products or services to be contracted, provided such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, death or personal injury, or to property damage, including loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor or any of their employees, or arises from a job-related injury. The successful Contractor acknowledges adequate consideration for this indemnification provision.

1.31 PATENTS AND ROYALTIES

The Contractor, without exception, shall indemnify and save harmless the County of Brevard and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process or article manufactured or used in the performance of the contract, including its use by the County of Brevard. If the Contractor uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any involved in the work.

1.32 TRAINING

If specified, supplier(s) may be required, at the convenience of the County, to provide employees training in the operation and maintenance of any item(s) purchased under this bid.

1.33 SAFETY WARRANTY

The selling dealer, distributor, supplier, and manufacturer shall be responsible for having complied with all Federal, State, and local standards, regulations, and laws concerning the equipment specified and the use thereof, applicable and effective on the date of manufacture, including safety and environmental standards as apply to both private industry and governmental agencies.

1.34 WARRANTY

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The Contractor agrees that, unless otherwise specified, the supplies and/or services furnished under this bid shall be covered by the most favorable commercial warranty the Contractor gives to any customer for comparable quantities of such supplies and/or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the County by any other provision of this bid.

1.35 SUBMISSION OF BIDS

Contractors shall submit one bid only. Submitting more than one bid may result in the contractor’s bids being deemed non-responsive.

1.36 CONFLICT OF INTEREST

The award hereunder is subject to provisions of State of Florida Statutes and Brevard County Ordinances. All Contractors must disclose with their bid the name of any officer director or agent who is also an employee of Brevard County. Further, all Contractors must disclose the name of any County employee who owns, directly or indirectly, any interest in the Contractor’s firm or any of its branches.

1.37 DRUG-FREE WORKPLACE

Whenever two or more bids, which are equal with respect to price, quality, and service, are received by Brevard County for the procurement of commodities or contractual services, a bid received from a business that has implemented a drug-free workplace program per Section 287.087, Florida Statutes, as amended from time to time, shall be given preference in the award process.

1.38 PUBLIC ENTITY CRIMES

The Contractor is hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases for real property to a public entity; may not be awarded or perform work as a contractor supplier subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes 287.017, Florida Statutes for Category Two for a period of 36 months following the date of being placed on the convicted vendor list.

1.39 DISCRIMINATORY VENDOR LIST

An entity or affiliate placed on the Discriminatory Vendor List shall not submit a Bid for a contract to provide goods or services to a public entity, shall not submit a Bid on a contract with a public entity for the construction or repair of a public building or perform any public work, shall not submit Bids for leases of real property to a public entity, shall not award or perform work as a contractor, supplier, subcontractor, or consultant under any contract with any public entity, and shall not transact business with any public entity per Section 287.134(3)(d), Florida Statutes, as amended from time to time.

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1.40 SCRUTINIZED COMPANIES

The Awarded Contractor shall certify that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, Florida Statutes, as amended from time to time. If the Agreement is for more than $1,000,000, the Contractor further certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or engaged with business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes.

1.41 LICENSES, CERTIFICATIONS, AND PERMITS

A. The successful Contractor will be required to secure, at its expense, and show proof of the proper business tax receipt and/or any other license/certification required for the applicable service/work being performed. Prior to award, the apparent low Contractor will be required to provide proof of license and/or certification within two (2) business days of the posted awarded recommendation and submit copies of license/certifications to the Purchasing Office.