Exhibit_1_-_Project_Documents.pdf

EXHIBIT “1”

ADDITIONAL DOCUMENTS

PERMIT FEES 4/11/08 PFEES-2

City Hall Main Electrical Switchgear Upgrades RFP25-0525

Miscellaneous Fees, Taxes and Permits of the City of Orlando

The following are the City of Orlando (CITY) construction-related fees and permits the

CONTRACTOR will be required to pay. The CONTRACTOR shall pay all occupational license taxes, Contractor registration fees, dishonored returned check fees, copy service fees, and any reinspection fees.

OCCUPATIONAL LICENSE TAXES, CONTRACTOR REGISTRATION FEES,

DISHONORED RETURNED CHECK FEES, COPY SERVICE CHARGES

1. Occupational License Taxes - These taxes are required of all businesses, occupations or professions that have a permanent location or branch office within the jurisdictional boundaries of the City of Orlando. The maximum tax imposed as prescribed in Sections

36.35 and 36.36 of the City Code for General Contractors, Building Contractors, Residential Contractors, Limited Specialty Contractors or Subcontractors regulated by the Florida Department of Business and Professional Regulation, and Limited Specialty Contractors or Subcontractors not regulated by the State of Florida, is as follows:

Scalable Fee:

Square Footage less than 2000 ..................................................... $ 52.50 Square Footage from 2000-5000 ................................................... 105.00 Square Footage above 5000 .......................................................... 262.50

Plus Number of Workers:

When operated solely by owner ................................................... $ 52.50 Not more than 3 workers ................................................................. 78.75 4 and not over 5 workers ............................................................... 126.00 6 and not over 15 workers ............................................................. 157.00 16 and not over 25 workers ........................................................... 199.50 26 and not over 50 workers ........................................................... 236.25 51 and not over 100 workers ......................................................... 288.75 101 and not over 150 workers ....................................................... 330.75 For each 50 or part there over 150 ................................................... 68.25

There is an additional administrative fee of $10.00.

2. Contractor Registration Fees - These fees are required of all Limited Specialty Contractors (Defined - Section 14.19, City Code) that do not have a Permanent Location or Branch Office within the jurisdictional boundaries of the City of Orlando but want to pull building permits to perform construction work within the City of Orlando. The fee prescribed by Section 14.25 of the City Code is $25.00.

3. Dishonored/Returned Check Fees - These fees are imposed on all entities that issue the

CITY a check as tender for services rendered and such check is returned from the CITY's bank back to the CITY for collection. The service charge fee imposed as prescribed by Section 832.07, Florida Statutes, is $25 if the check does not exceed $50; $30.00 if the check exceeds $50 but is less than $300; $40 for checks greater than $300 or an amount of up to 5% percent of the face amount of the check, whichever is greater.

PERMIT FEES 4/11/08 PFEES-3

Additionally, pursuant to Section 68.065, Florida Statutes, charges may be applied for damages of triple the amount of the check, but in no case less than $50.00, together with the amount of the check, plus any service charges, court costs, reasonable attorneys’ fees, and any bank fees incurred by the payee in taking collection actions under this section.

4. Copy Service Charges - Fees imposed for making copies of documents at the request of the customer. The current fee is set at $.15 cents per page.

BUILDING CODE ENFORCEMENT FEES

Mechanical Fees

1. The CITY shall pay for all permit and inspection fees for the project with the exception of reinspections.

2. For all other inspections or reinspections of mechanical work required or provided for by Chapter 47A, the fee shall be $50.00.

Plumbing and Gas Permits

2. For all other inspections or reinspections of gas or plumbing installations required or provided for by Chapters 29 and 47, the fee shall be $50.00.

Electrical Fees

2. For all other (OUC visual inspections or reinspections), the fee shall be $50.00.

Building Permit Fees

2. Reinspection fees for residential and commercial construction permits where work has been rejected shall be $50.00.

ORLANDO FIRE DEPARTMENT PERMIT FEE SCHEDULE

TYPE OF PERMIT PRICING INFORMATION

The CITY shall pay for all permit and inspection fees for the project with the exception of reinspections

Reinspections Fee $50.00

PERMIT FEES 4/11/08 PFEES-4

Off-Duty Assignment Rates:

District Chief $41.00 per hour Lieutenant 38.00 per hour Engineer 36.00 per hour Firefighter 34.00 per hour

Truck Rental:

Engine or Tower $350.00 flat rate; $600 for 5 or more hours Wood, Rescue or Command Vehicle $200.00 flat rate; $400 for 5 or more hours

Off-Duty Fire Inspector: $37.50/hour

Minimum of 4 hours - $150.00

Note: A 15% administrative fee is added to the total cost.

TABLE OF CONTENTS (B) 6/6/2025 TOC-1

TABLE OF CONTENTS

DIVISION O - PROPOSAL AND CONTRACT REQUIREMENTS

00100-1 Instruction to Proposers 00300- Bid Bond 00500-1 Agreement 00610-1 Performance Bond 00620-1 Payment Bond 00652-1 Certificate of Insurance with Endorsement/Workers' Compensation Insurance 00653-1 Certificate of Insurance with Endorsement/Comprehensive General Liability Insurance 00655-1 Certificate of Insurance with Endorsement/Builders’ Risk "All Risk" Insurance 00700-1 General Conditions 00800-1 Supplementary Conditions D-Bacon Davis Bacon 00900-1 Forms 00905-1 Notice of Intended Action: Award of Proposal 00910-1 Notice of Award 00920-1 Notice to Proceed 00930-1 Change Order Form 00940-1 Application for Payment 00945-1 Certified Payroll Summary Report 00950-1 Request for Information 00960-1 Stored Materials Form 00965-1 Schedule of Values 00970-1 Erosion and Sediment Control Inspection Form 00975-1 Shop Drawing Submittal 00980-1 Certificate of Substantial Completion 00990-1 Certificate of Final Inspection 00995-1 Contractor's Release

TABLE OF CONTENTS (B) 6/6/2025 TOC-2

DIVISION 1 - GENERAL REQUIREMENTS

01045-1 Cutting and Patching 01050-1 Surveying and Field Engineering 01070-1 Abbreviations and Symbols 01100-1 Pollution and Noise Controls 01200-1 Project Meetings 01310-1 Project Scheduling--Major Projects 01370-1 Schedule of Values 01400-1 Temporary Facilities 01410-1 Testing and Testing Laboratory Services 01420-1 Drawings and Submittals 01568-1 Temporary Erosion and Sedimentation Control 01570-1 Maintenance of Traffic 01580-1 Project Identification Sign 01600-1 Materials and Equipment 01650-1 Start-Up/Check-Out 01710-1 Project Housekeeping/Cleaning 01730-1 Operating and Maintenance Data 01740-1 Warranties and Bonds

SPECPROV Special Provisions

INSTRUCTION TO BIDDERS 6/6/2025 00100-7

INSTRUCTION TO PROPOSERS

ARTICLE 1 - DEFINED TERMS

Terms used in these "INSTRUCTION TO PROPOSERS" which are defined in the General Conditions have the meanings assigned to them in the General Conditions

ARTICLE 2 - COPIES OF PROPOSAL DOCUMENTS

2.1 Complete sets of the Proposal Documents may be obtained in the manner defined in the Request for Proposals

(RFP).

2.2 Complete sets of Proposal Documents shall be used in preparing Proposals; neither CITY nor ENGINEER nor

DESIGN ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents.

2.3 CITY in making copies of Proposal Documents available on the above terms does so only for the purpose of obtaining Proposals on the Work and does not confer a license or grant for any other use.

ARTICLE 3 – RESERVED

ARTICLE 4 - EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1 Before submitting a Proposal, each Proposer must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work,

(c) familiarize himself with federal, state and local laws, ordinance, rules, regulations and policies that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Proposer's observations with the Contract Documents; and (e) make written requests for interpretations promptly after discovering any conflicts, errors, ambiguities or inconsistencies.

4.2 Reference is made to the General Requirements for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by DESIGN ENGINEER in preparing the Drawings and Specifications. CITY shall make copies of such reports available to any Proposer requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents; they are provided for guidance only. If this information is used by Proposer in preparing his proposal, he shall assume all risks resulting from actual conditions differing from the conditions set out in the reports.

4.3 When a log of test borings showing a record of the data obtained by the investigation of subsurface conditions by the CITY, the DESIGN ENGINEER or their consultants is included with the plans or other documents, it is expressly understood and agreed that said log of test borings does not constitute a part of the contract, represents only the opinion of the CITY, or the DESIGN ENGINEER or their consultants as to the character of the materials encountered by them in the test borings, is included in the plans or other documents only for the convenience of Proposers, and its use is subject to all of the conditions and limitations set forth in this article.

4.4 Before submitting a Proposal, each Proposer shall, at Proposer's own expense, make or obtain any additional investigations, examinations, explorations and tests and obtain any additional information which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress or performance of the Work and which Proposer deems necessary to determine its Proposal for performing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.5 The lands upon which the work is to be performed, rights-of-way for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor.

INSTRUCTION TO BIDDERS 6/6/2025 00100-8

4.6 The submission of a Proposal shall constitute a conclusive representation by the Proposer that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

4.7 The submission of the Proposal shall be an indication that the Proposer has considered normal local weather conditions (daily and monthly variations) for the previous ten years from the date of the Proposal as compiled by the National Weather Service and measured at Orlando International Airport.

ARTICLE 5 - INTERPRETATIONS

5.1 Prohibited communications initiated by a Proposer shall be grounds for disqualifying the offending

Proposer from consideration on the award of a contract from this or future solicitations.

5.2 Proposers are required to advise the Procurement and Contracts Division of any conflicts in the Contract

Documents or any discrepancies between conditions noted at the project site and those shown on the Drawings or described in the Specifications.

5.3 It will be the responsibility of the Proposer to contact the Procurement and Contracts Division prior to submitting a proposal to ascertain if any addenda have been issued, to obtain all such addenda, and return each executed addenda acknowledgement Signature Page with the proposal.

ARTICLE 6 - RESERVED

ARTICLE 7 - CONTRACT TIME

The time of completion is the essence of the Contract, and the Proposer awarded the Contract shall proceed with the

Work in accordance with the Contract time period specified in the Contract Documents. In the event of failure to complete the Work within the time specified, the CITY may assess damages as provided by law or the Contract Documents, unless an appropriate extension of time has been granted by the City.

ARTICLE 8 - LIQUIDATED DAMAGES

Provisions for liquidated damages, if any, are set forth in the RFP document and Supplementary Conditions.

ARTICLE 9 - RESERVED

ARTICLE 10 – RESERVED

ARTICLE 11 – PRICE PROPOSAL FORM

11.1 The Price Proposal Form is included in the RFP Documents.

11.2 Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate corporate officer) and the corporate seal must be affixed and attested by another corporate officer. The corporate address and state of incorporation shall be shown below the signature.

11.3 Proposals by partnerships must be executed in the partnership name and signed by an authorized partner, whose title must appear under the signature.

ARTICLE 12 - RESERVED

ARTICLE 13 - MODIFICATION AND WITHDRAWAL OF PROPOSALS

13.1 Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a

Proposal must be executed) and delivered to the place where Proposals are to be submitted at any time prior to the opening of Proposals. Withdrawal of a Proposal will not prejudice the rights of Proposer to file a new Proposal.

13.2 If within 24 hours after Proposals are opened, any Proposal files a duly signed written notice with CITY, and within 48 hours thereafter demonstrates to the reasonable satisfaction of the City that: a) there has been a material and substantial mistake in the preparation of the Proposal; b) the mistake is of such great consequence that to enforce the Contract

INSTRUCTION TO BIDDERS 6/6/2025 00100-9

would be unconscionable; and c) the mistake occurred notwithstanding the exercise of reasonable care in the preparation of the Proposal; the Proposer may withdraw its Proposal, and the Bid Security will be returned provided that the CITY is not seriously prejudiced, except for the loss of its bargain. Proposer shall not be allowed to correct a proposal with a material and substantial mistake. Thereafter, that Proposer shall be disqualified from further submittals on the work to be provided under the Contract Documents.

ARTICLE 14 - OPENING OF PROPOSALS

14.1 At the specified time and place as indicated in the "REQUEST FOR PROPOSALS," Proposals shall be opened publicly and the Proposer’s name, city, and state read aloud.

14.2 More than one Proposal received for the same work from an individual, firm or partnership, a Corporation or

Association or other legal entity under the same or different names shall not be considered. Reasonable grounds for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all such Proposals in which the Proposer is interested. If there are reasonable grounds for believing that collusion exists among the Proposers, the Proposals of the participants believed to be in such collusion shall not be considered.

14.3 Notwithstanding any other provision contained in the Contract Documents, the CITY reserves the right to reject any and all proposals and waive any and all irregularities, and the right to disregard any or all non-conforming, unbalanced or conditional proposals or counter proposals. The CITY may reject, as non-responsive, any or all proposals where Proposers fail to acknowledge receipt of addenda as prescribed. If the CITY elects not to reject a proposal which fails to acknowledge receipt of any addendum, the Proposal shall be construed as though the addendum had been received and acknowledged by the Proposer. Addenda will be provided to prospective Proposers who obtain Contract Documents directly from the City and are included on the list of Plan holders.

14.4 Discrepancies between words and figures shall be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof shall be resolved in favor of the correct sum. Discrepancies in the extension of the unit price times the estimated quantity for any line item shall be resolved in favor of the correct extension.

In the event of any discrepancy in the three entries for the price for any item, the unit price as shown in words shall govern unless the extension and the unit price shown in figures are in agreement with each other, in which case they shall govern over the unit price shown in words.

ARTICLE 15 - PROPOSALS TO REMAIN OPEN

15.1 All Proposals shall remain open for ninety days after the day of the Proposal opening, but CITY may, in its sole discretion, release any Proposal and return the Bid Security prior to that date.

15.2 Extensions of time when proposals shall remain opened beyond the ninety-day period may be made only by mutual agreement between the City of Orlando, the top ranked Proposer, and the Surety, if any, for the top ranked Proposer.

ARTICLE 16 - AWARD OF CONTRACT

16.1 The CITY may require the successful Proposer to submit a certified statement describing his organization, plant, manpower, financial resources and list all previous and/or ongoing construction contracts over the last five years regardless of amount or completion status. Information shall be submitted on the Associated General Contractors of America Form "Standard Questionnaires and Financial Statement for Proposers" available from AGC, 1957 "E" Street, N.W., Washington, D.C. 20006, or other form acceptable to CITY. The information shall be certified by a Certified Public Accountant for proposals over $25,000. The CITY, at its discretion, may require any or all of the above listed information from any other Proposer.

16.2 CITY may conduct such investigations and require supplemental information as it deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications and financial ability of the Proposers, proposed Subcontractors, proposed equipment and material suppliers, and other persons and organizations to do the Work in accordance with the Contract Documents to CITY's satisfaction within the prescribed time.

16.3 CITY reserves the right to reject the Proposal of any Proposer who does not pass any such evaluation to CITY's satisfaction.

16.4 CITY reserves the right to reject the Proposal of any Proposer which is behind on the approved completion schedule for any existing contracts with the City, or in litigation with the City, or has previously defaulted on a contract with the

INSTRUCTION TO BIDDERS 6/6/2025 00100-10

CITY.

16.5 If the Contract is to be awarded, it will be awarded to the highest ranked responsive, responsible Proposer on the basis of the Total Base Price Proposal. CITY reserves the right to reject all Proposals.

16.6 If the Contract is to be awarded, CITY will give the Successful Proposer a Notice of Award within ninety days after the day of the proposal opening subject to the conditions in Article 15 of the Instructions to Proposers.

16.7 CITY, while reviewing the Proposal of the successful Proposer, may reasonably require other Proposers to submit promptly for CITY inspection, information, including, but not limited to, their responsibility, qualifications, financial ability, proposed Subcontractors and Suppliers. The acceptance of these submittals shall in no way impose any obligation whatsoever upon CITY to award the Contract to any such Proposers, and all information provided shall be at Proposers' sole expense. The CITY shall in no event be obligated to reimburse Proposers for their costs incurred to supply this information to the CITY.

16.8 A Proposer who is aggrieved in connection with a solicitation or award of a proposal or contract may protest in accordance with the provisions of Section 7.900 of the City Code.

ARTICLE 17 - BONDS AND INSURANCE

17.1 Article 5 of the General Conditions sets forth CITY's requirements as to Bonds and Insurance. When the successful Proposer delivers the executed Agreement to CITY, it shall be accompanied by the required Bonds, Insurance Certificates, and Endorsements on forms prescribed by CITY. Attorneys-in-fact who sign Bid Bonds, Performance Bonds and Payment Bonds must file with such Bonds a certified copy of their power-of-attorney to sign the Bonds.

ARTICLE 18 – RESERVED

ARTICLE 19 - PUBLIC ENTITY CRIMES

19.1 Any Person or affiliate, as defined in Section 287.133 of the Florida Statues, shall not be allowed to contract with the CITY, nor be allowed to enter into a subcontract for work on this Project, if such a person or affiliate was listed on the State's convicted vendor list, within three (3) years of the date of this project was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), including but not limited to, any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation.

19.2 Any Agreement with the CITY obtained in violation of this Section shall be subject to termination for cause. A subcontractor who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a subcontractor acceptable to the City.

ARTICLE 20 - CONCURRENT WORK BY OTHERS

20.1 Proposers are advised that there may be other contractors working at the project site concurrent with the construction of the Work described herein. Accordingly, Proposers should consider the limitations to site access and the construction sequencing described in the Contract Documents when preparing this proposal.

20.2 If areas are designated in the Contract Documents which are to be shared with other contractors and these areas must be disrupted, the CONTRACTOR shall provide alternate acceptable access for other contractors.

20.3 CONTRACTOR is required to coordinate his activities in the designated areas described above with other contractors working at the project site. CONTRACTOR must submit to the Engineer a description and schedule as to how the designated areas will be utilized, recognizing the required coordination with other contractors.

ARTICLE 21 – RESERVED

ARTICLE 22 - SPECIAL WARRANTY, GUARANTY, GUARANTEE, BONDS INSURANCE MAINTENANCE,

AND CORRECTION PERIOD REQUIREMENTS

22.1 There may be special requirements pertaining to Warranty, Guarantee, Bonds, Insurance, Maintenance and the

INSTRUCTION TO BIDDERS 6/6/2025 00100-11

Correction Period, which are described in the Contract Documents. Proposers sh22.1ould review these special requirements, if applicable, and reflect in their proposals all costs associated therewith.

ARTICLE 23 – RESERVED

ARTICLE 24 – RESPONSIBLE CONTRACTOR’S POLICIES

24.1 The CONTRACTOR, when paying its workers on this Project, shall pay such workers an hourly wage, based on classification for the Orlando region established by the Davis-Bacon Act (40 U.S.C. 276a-7) as supplemented by the Department of Labor regulations (29 CFR part 5) (hereinafter “hourly wage”). Payment of the appropriate wages must be documented in CONTRACTOR’S progress payment applications by the submission of certified payrolls by CONTRACTOR for the duration of this Agreement. Moreover, CONTRACTOR shall require compliance with these provisions for Davis- Bacon hourly wages and certified payrolls by all Subcontractors at every tier, by means of subcontract provisions and subcontract flow down requirements to include Subcontractors at every tier, and CONTRACTOR will be held responsible for compliance by any Subcontractor or lower tier Subcontractor. Notwithstanding the foregoing, CONTRACTOR acknowledges and agrees that no hourly wage paid on this project by the CONTRACTOR and Subcontractors will be less than the living wage referenced in Article 24.

24.2 The CONTRACTOR and Subcontractors at all tiers shall each classify all of their workers as either independent contractors or employees in accordance with the requirements of Laws and Regulations. Workers who are employees as defined by Laws and Regulations shall not be classified as independent contractors. The CONTRACTOR and Subcontractors shall each provide written notice to their workers classified as independent contractors of their classification status within seven (7) days after contract award or within seven (7) days of hiring if hired subsequent to contract award.

Documentation demonstrating compliance with this requirement for each worker classified as an independent contractor shall be submitted by the CONTRACTOR with its first Application for Payment. For those workers classified as independent contractors hired after submittal of the first Application for Payment, documentation demonstrating compliance with this requirement shall be provided with the first Application for Payment submitted subsequent to the worker’s hiring.

24.3 The CONTRACTOR shall post a copy of the CITY’S Living Wage and Responsible Contractor policies at designated locations on the Project site as required by the Contract Documents.

ARTICLE 25 – RESERVED

ARTICLE 26 – RESERVED

ARTICLE 27 - RESERVED

ARTICLE 28 – RESERVED

ARTICLE 29 - RESERVED

BID FORM 1/3/2020 00300-1

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and , as Surety, are held and firmly bound unto the City of Orlando, Florida, hereinafter called the CITY in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated , 20 , for the construction of .

NOW THEREFORE, if the Principal shall not withdraw said bid within the period of time set forth in the contract documents, and shall within fifteen (15) calendar days after receipt of the Notice of Award enter into a written contract with the CITY in accordance with the bid as accepted, and if the Principal shall give the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such contract and for the protection of subcontractors, laborers and material men, or in the event of the withdrawal of said bid within the period specified, or the failure to enter into said contract, or failure to give such bonds within the time specified, if the Principal shall within twenty (20) days after request by the CITY pay to the CITY the difference between the amount specified in said bid and the amount for which the CITY may procure the required work if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and effect.

It is further agreed that if the CITY is required to utilize legal counsel to recover on this bond, it may also recover its costs relating thereto including a reasonable amount for attorneys' fees and costs, including attorneys' fees and costs in appellate proceedings.

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]

BID FORM 1/3/2020 00300-2

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this day of , 20 .

WITNESS:

(if individual or partnership)

PRINCIPAL

(signature)

By:

(Print Name) (signature)

Name:

Title:

ATTEST (if corporation)

(Corporate Seal)

SURETY

(Surety Seal)

Attach a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution of Bid Bond on behalf of Surety

BID FORM 1/3/2020 00300-3

Any claims under this bond may be addressed to:

Name of Surety

Mailing Address

Street Address

Telephone number of Surety ( ) and agent or representative in Florida ( )

AGREEMENT 6/6/2025 00500-4

AGREEMENT

THIS AGREEMENT is dated as of the day of in the year 20 by and between the City of Orlando, Florida (“CITY”) and

(“CONTRACTOR”).

CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1. WORK

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: RFP25-0525, City Hall Main Electrical Switchgear Upgrades.

ARTICLE 2. ENGINEER

2.1 DESIGN ENGINEER as named in the Contract Documents is TLC Engineering Solutions.

2.2 ENGINEER is the Director of Public Works.

If the CITY is using an agent to review the Application for Payment to assist the ENGINEER, the agent is identified as follows:

(Name)

(Address)

ARTICLE 3. CONTRACT TIME

1.1 The provisions regarding Contract Time and Liquidated Damages are set forth in the RFP Forms and may also be set forth in the Supplementary Conditions.

ARTICLE 4. CONTRACT PRICE

4.1 CITY shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents on the basis of the prices indicated on the Price Proposal Form.

ARTICLE 5. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

5.1 Progress Payments. CITY shall make progress payments on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, in accordance with Article 14 of the General Conditions.

5.1.1 Prior to completion of fifty percent (50%) of the Work (which shall be defined for purposes of this

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Article as the point when the CITY has paid the CONTRACTOR fifty percent (50%) of the Contract Price including approved Change Orders), progress payments will be in an amount equal to ninety-five percent (95%) of the Work completed, and the CITY will pay an amount equal to ninety-five percent (95%) of materials and equipment not incorporated in the Work but delivered and suitably stored on site, less in each case the aggregate of payments previously made. In no event shall payments for materials and equipment stored exceed ninety-five percent (95%) of the value of the related cost for the specific item of work shown in the breakdown of Contract Price regardless of the stated value of the materials or equipment. CITY may, at its sole option, pay an amount equal to ninety-five percent (95%) of materials and equipment not incorporated in the Work stored offsite if stored in a manner acceptable to CITY, as stated above for on-site stored materials. When payment to CONTRACTOR is made for stored materials and equipment, CONTRACTOR shall submit invoices marked paid by the supplier with the next month's request for payment to document that CONTRACTOR has paid for said materials and equipment or the previously paid amount for stored materials shall be deducted from any remaining payment(s) or retainage for any stored materials not so properly documented. The CONTRACTOR shall provide the consent of the Surety with each pay application.

5.1.2 Upon completion of fifty percent (50%) of the Work, progress payments will be in the amount equal to ninety-five percent (95%) of the Work completed, and the CITY will pay an amount equal to ninety-five percent (95%) of materials and equipment not incorporated in the Work but delivered and suitably stored on site, less in each case the aggregate of payments previously made. In no event shall payments for materials and equipment stored exceed ninety– five percent (95%) of the value of the related cost for the specific item of work shown in the breakdown of Contract Price regardless of the stated value of the materials or equipment. CITY may, at its sole option, pay an amount equal to ninety-five percent (95%) of materials and equipment not incorporated in the Work stored offsite if stored in a manner acceptable to CITY, as stated above for on-site stored materials. When payment to CONTRACTOR is made for stored materials and equipment, CONTRACTOR shall submit invoices marked paid by the supplier with the next month's request for payment to document that CONTRACTOR has paid for said materials and equipment or the previously paid amount for stored materials shall be deducted from any remaining payment(s) or retainage for any stored materials not so properly documented. The CONTRACTOR shall provide the consent of the Surety with each pay application

5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.9.1 of the General Conditions, CITY shall pay the remainder of the Contract Price as provided in said paragraph 14.9.1

5.3. Living Wage. CONTRACTOR, as well as its Subcontractors at all tiers, shall pay to all of their employees providing services pursuant to a contract with the CITY, a living wage for the time spent providing services to the CITY. (This provision does not include general administrative personnel unless they are assigned to a CITY project.) “Living wage” means compensation for employment of not less than $15.00 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits. Necessary payroll documentation shall be provided to confirm compliance with this provision and the CONTRACTOR shall allow the CITY to audit (at CONTRACTOR’s place of business) its payroll records to determine if compliance has been achieved. Failure to comply with the provision may result in termination of the contract and/or preclusion from future CITY contracts at the sole option of the CITY.

5.4. Responsible Contractor’s Policies.

5.4.1. The CONTRACTOR, when paying its workers on this Project, shall pay such workers an hourly wage, based on classification for the Orlando region established by the Davis-Bacon Act (40 U.S.C. 276a-7) as supplemented by the Department of Labor regulations (29 CFR part 5) (hereinafter “hourly wage”). Payment of the appropriate wages must be documented in CONTRACTOR’S progress payment applications by the submission of certified payrolls by CONTRACTOR for the duration of this Agreement. Moreover, CONTRACTOR shall require compliance with these provisions for Davis-Bacon hourly wages and certified payrolls by all Subcontractors at every tier, and CONTRACTOR will be held responsible for compliance by any Subcontractor or lower tier Subcontractor. Notwithstanding the foregoing, CONTRACTOR acknowledges and agrees that no hourly wage paid on this project by the CONTRACTOR and Subcontractors will be less than the living wage referenced in this Agreement.

5.4.2. The CONTRACTOR and Subcontractors at all tiers shall each classify all of their workers as either independent contractors or employees in accordance with the requirements of Laws and Regulations. Workers who are employees as defined by Laws and Regulations shall not be classified as independent contractors. The CONTRACTOR and Subcontractors shall each provide written notice to their workers classified as independent contractors of their classification status within seven (7) days after contract award or within seven (7) days of hiring if hired subsequent to contract award. Documentation demonstrating compliance with this requirement for each

AGREEMENT 6/6/2025 00500-6

worker classified as an independent contractor shall be submitted by the CONTRACTOR with its first Application for Payment. For those workers classified as independent contractors hired after submittal of the first Application for Payment, documentation demonstrating compliance with this requirement shall be provided with the first Application for Payment submitted subsequent to the worker’s hiring.

5.4.3 The CONTRACTOR and Subcontractors at all tiers shall each use the E-Verify internet-based system operated by the United States Department of Homeland Security to verify that all of their workers performing labor on the Project are eligible to work in the United States. Documentation of E-Verify confirmation for each worker shall be submitted by the CONTRACTOR with the first Application for Payment, or for those workers hired after submittal of the first Application for Payment, with the first Application for Payment submitted subsequent to the worker’s hiring.

5.4.4 The CONTRACTOR shall post a copy of the CITY’S Living Wage and Responsible Contractor policies at designated locations on the Project site as required by the Contract Documents.

ARTICLE 6. [RESERVED]

ARTICLE 7. CONTRACTOR'S REPRESENTATIONS

In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations:

7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, weather, and with all local conditions and federal, state and local laws, ordinances, rules, policies and regulations that in any manner may affect cost, progress or performance of the Work.

7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions of the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Contract Documents.

7.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes.

7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents.

7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to

CONTRACTOR.

ARTICLE 8. CONTRACT DOCUMENTS

The Contract Documents that comprise the entire agreement between CITY and CONTRACTOR and are made a part hereof consist of, but are not limited to the following:

8.1 This Agreement.

8.2 Certificates of Insurance (including endorsements).

8.3 Payment Bond and Performance Bond (or Public Construction Bond as required by the Contract Documents).

8.4 Notice of Award.

8.5 Specifications RFP25-0525, City Hall Main Electrical Switchgear Upgrades.

consisting of the divisions as listed in table of contents hereof.

AGREEMENT 6/6/2025 00500-7

8.6 General Conditions.

8.7 Supplementary Conditions

8.8 Drawings, as listed in the Index of Drawings.

8.9 Addenda numbers to , inclusive.

8.10 CONTRACTOR's Proposal (including documentation accompanying the proposal and documentation prior to Notice of Award).

8.11 Any Modification, including Change Orders and Field Orders, duly delivered after execution of Agreement.

8.12 Request for Proposals, Instruction to Proposers, Bid Bond and Affidavit of Non-collusion, Proposal, Notice to Proceed.

8.13 Forms listed on page 00900-1.

8.14 Special Provisions.

8.15 General Requirements.

The Contract Documents may only be altered, amended or repealed by a Modification as defined in the General Conditions.

ARTICLE 9. MISCELLANEOUS

9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions.

9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound and any such assignment shall be void and of no effect; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 CITY and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

9.4 Any action taken by the Public Works Director may also be taken by the Chief Procurement Officer of the City of Orlando.

9.5 Human Trafficking in Persons: The Contractor hereby represents, warrants, and certifies that Contractor does not use coercion for labor or services as defined in Section 787.06, Florida Statutes and that Contractor has provided the Human Trafficking Affidavit attached hereto as Form 00654.

AGREEMENT 6/6/2025 00500-8

IN WITNESS WHEREOF, the parties hereto have signed copies of this Agreement. At least one counterpart each has been delivered to CITY and CONTRACTOR. All portions of the Contract Document have been signed or identified by CITY and CONTRACTOR.

CITY OF ORLANDO, FLORIDA CONTRACTOR

David Billingsley, CPSM, C.P.M.

Chief Procurement Officer, City of Orlando

By

(CORPORATE SEAL) Name (Type)

Title

(CORPORATE SEAL)

Attest:

Address for giving notices: Title

400 South Orange Avenue Address for giving notices:

Orlando, Florida 32801

APPROVED AS TO FORM AND LEGALITY Florida State Contractor's for the use and reliance of the City of Orlando, Florida only License No.

, 20

Assistant City Attorney Agent for service of process:

Orlando, Florida

Name

City, State and Zip

PERFORMANCE BOND 10/01/12 00610-1

Performance Bond No.:

PERFORMANCE BOND

(100% of Contract Amount)

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Principal Business Address of Contractor)

(Telephone Number of Contractor) a , (Corporation, Partnership or Individual) hereinafter called Principal, and (Name of Surety)

(Principal Business Address of Surety)

(Telephone Number of Surety) hereinafter called Surety, are held and firmly bound unto:

City of Orlando 400 South Orange Avenue

(407) 246-2266 hereinafter called OWNER, in the penal sum of Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 20 , and made a part hereof for the construction of:

RFP25-0525, City Hall Main Electrical Switchgear Upgrades.

(Project Name and Project Contract Number)

The City of Orlando’s Procurement and Contracts Division, is soliciting proposals for qualified Proposers to furnish all labor, materials, equipment, insurance, and "commissioning" required for electrical gear upgrades in the main tower of Orlando's City Hall located at 400 South Orange Avenue, Orlando, Florida 32801

(Project Description)

City Hall located at 400 South Orange Avenue, Orlando, Florida 32801

(Street Address)

(Legal Description if no Street Address)

PERFORMANCE BOND 10/01/12 00610-2

This Bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes, as the same may be amended.

The Surety shall be bound by any and all arbitration awards to the same extent as CONTRACTOR is bound. The Surety shall indicate the Bond number assigned by the Surety in the upper right-hand corner of this document.

[All dates to be filled in by Owner.]

NOW, THEREFORE, the condition of this obligation is such that if Principal:

1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Contract including, but not limited to the guaranty period and the warranty provisions, in the time and manner prescribed in the Contract, and

2. Pays Owner all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that Owner sustains resulting from any breach or default by Principal under the Contract, then this Bond is void; otherwise, it shall remain in full force and effect.

In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Contract during the period in which this Performance Bond is in effect, the Surety shall remain liable to the Owner for all such loss or damage (including reasonable attorneys' fees and costs and attorneys' fees on appeal) resulting from any failure to perform up to the amount of the Penal Sum.

In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the Owner harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting from the Surety's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond.

The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon Owner's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Contract entered into by Owner and Principal without the Surety's knowledge or consent (ii) waivers of compliance with terms of the Contract granted by Owner to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceeding.

Any changes in or under the Contract Documents (which include the Plans, Drawings, and Specifications) and compliance or noncompliance with any formalities connected with the Contract or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Penal Sum of this Bond shall increase or decrease in accordance with approved changes or other modifications to the Contract Documents; however, the Surety must approve any increase that exceeds thirty-five percent (35%) of the original Penal Sum to be bound to its Bond obligations for the amount that exceeds said thirty-five percent (35%).

PERFORMANCE BOND 10/01/12 00610-3

IN WITNESS WHEREOF, this instrument is executed in (number) counterparts, each of which shall be deemed an original, this the day of , 20 .

ATTEST:

Principal

By By (Principal) Secretary

Name Name

(Print or Type) (Print or Type)

Title Title

Surety

Witness as to Surety Attorney-in-Fact

Name (Print or Type) (Print or Type)

Address City/State/Zip

NOTE: Date of the Bond must not be prior to the date of the Contract. If CONTRACTOR is a Partnership, all partners should execute the Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Florida, unless otherwise specifically approved in writing by the CITY.

ATTACH a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety.

The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other.

Payment Bond No.:

PAYMENT BOND 10/01/12 00620-1

PAYMENT BOND

(100% of Contract Amount)

KNOW ALL MEN BY THESE PRESENTS that

(Name of Contractor)

(Principal Business Address of Contractor)

(Telephone Number of Contractor) a , (Corporation, Partnership, or Individual) hereinafter called “Principal,” and (Name of Surety)

(Principal Business Address of Surety)

(Telephone Number of Surety) hereinafter called “Surety,” are held and firmly bound unto:

City of Orlando 400 South Orange Avenue

(407) 246-2266 hereinafter called “OWNER,” in the penal sum of Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 20 , and made a part hereof for the construction of:

RFP25-0525, City Hall Main Electrical Switchgear Upgrades.

(Project Name and Project Contract Number)

The City of Orlando’s Procurement and Contracts Division, is soliciting proposals for qualified Proposers to furnish all labor, materials, equipment, insurance, and "commissioning" required for electrical gear upgrades in the main tower of Orlando's City Hall located at 400 South Orange Avenue, Orlando, Florida 32801

(Project Description)

PAYMENT BOND 10/01/12 00620-2

City Hall located at 400 South Orange Avenue, Orlando, Florida 32801

(Street Address)

(Legal Description if no Street Address)

The Surety shall be bound by any and all arbitration awards to the same extent as CONTRACTOR is bound. The Surety shall indicate the Bond number assigned by the Surety in the upper right-hand corner of this document.

[All dates to be filled in by Owner.]

NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as…