IFB27-0003_Virginia_Dr._Corrine_Drive_Complete_Street_Project.pdf

David Billingsley, CPSM, C.P.M., Chief Procurement Officer Silvia Coste, CPP, Senior Procurement Agent

OCTOBER, 2026

IFB27-0003 VIRGINIA DR., FOREST DR.,

AND CORRINE DR., COMPLETE STREETS PROJECT

FPID(S): 446485-1-58-01 FAN:D526 076B

The City of Orlando Procurement and Contracts Division has implemented an electronic bidding system to streamline solicitation responses.

CITY OF ORLANDO PROCUREMENT AND CONTRACTS SITE

https://www.orlando.gov/Our-Government/Departments-Offices/OBFS/Procurement

Virginia Dr., Forest Dr., and Corrine Dr., Complete Streets Project IFB27-0003

ELECTRONIC SUBMITTAL:

Except as provided below for people needing special accommodations, to be responsive, bids for this solicitation must be submitted electronically. Paper responses will be deemed non-responsive.

Instructions for submitting a bid:

1. Once you have logged into your OpenGov account, go to the solicitation in which you want to bid/participate on. Then click on “Draft Response,” complete the information requested, upload your bid/quote/submittal, along with all required attachments, and submit.

2. Do not wait until the last minute to submit your Bid/Responses, The City is not responsible for late submittals or technical difficulties.

Respondents are solely responsible for ensuring that their submittals are complete, uploaded and submitted in the City’s e-Procurement portal by the due date and time.

Respondents are strongly encouraged to submit their response well ahead of the final due date and time to avoid any transmission or other issues. The City shall not be responsible for any submission delays or failures caused by any occurrence.

Notwithstanding any provision of this Addendum or the Solicitation to the contrary, persons with disabilities needing a special accommodation to submit a bid response or participate in this solicitation should contact the Procurement and Contracts Division, City Hall at One City Commons, 400 South Orange Avenue, Orlando, Florida 32801, telephone number (407) 246-2291, not later than four (4) days prior to the submittal date for accommodations related to the submittal, or four (4) days prior to the date on which any other accommodation is needed.

B. PRE-BID MEETING:

A Non-Mandatory Pre-Bid Teleconference will be held on October 29, 2026 at 10:00 a.m., via MS Teams, the conference line number is +1 321-247-7568,523648910# You must press the # key immediately after entering the id number.

C. VIRTUAL SOLICITATION OPENING:

Instructions to join the solicitation opening virtual meeting:

1. Sign up for a free Zoom account Go to zoom.us/signup and enter your email address to create a free account with Zoom web conferencing. You’ll receive an email from Zoom where you will click on a link to activate your account. If you already have a Zoom account, skip to step #3 below.

2. Choose your device and download Zoom

You can use a smart phone, tablet, laptop, or desktop computer. After signing up, visit zoom.us/download and download the “Zoom Client for Meetings” onto your computer. On mobile devices, search your app store for the free Zoom app and download it. Make sure to allow some extra time for the install before joining your first meeting. If you do not have one of the devices just mentioned, you can also call in to the meeting. If you cannot download Zoom and need to connect via web browser, you can use the Zoom web client (more info on browser compatibility visit bit.ly/zoomwebinfo).

3. Join the virtual meeting:

a. This is the public link: https://orlando-gov.zoom.us/j/83345011366

b. Call in number: +1 305 224 1968

c. Webinar ID: 83345011366

4. Provide live public comment

Use the “Raise Hand” feature to request to speak. If you have called in you can raise your hand by pressing *9. If you do this you will be called on to speak using the last four digits of your phone number.

https://orlando-gov.zoom.us/j/

SUBMITTAL CHECK LIST:

Bidders should use the following bid check list of standard forms which are to be completed and returned as part of your bid submittal. Failure to complete and return required forms may result in your bid being non-responsive and not considered for award. Additional forms/items may be required to be submitted under the terms of this Invitation for Bids which are not listed below; therefore, it is the bidder’s responsibility to read and understand the provisions of this Invitation for Bids.

___________ Price Proposal in OpenGov ___________ W-9 Form ___________ Section 00300-3a Trench Safety Act.

___________ Section 00300-3 Substantial Completion.

___________ Section 00300-5 Substitution List.

___________ Section 00300-8 Bid Bond.

___________ Section 00310-1 Affidavit of Non-collusion and of Non-interest of City employees ___________ Section 00360-1 Affidavit of Compliance with Scrutinized Companies with Activity List.

___________ Section 00420-1 Questionnaire Addendum Acknowledgment in OpenGov: It is the bidder’s responsibility to contact the City’s Procurement and Contracts Division prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and acknowledge executed addenda in OpenGov. (If applicable)

Special Items: LAP FORMS

_________ 1. LAP Certification of Current Capacity.

_________ 2. DBE Opportunity List.

_________ 3. Certification for disclosure of lobbying activities on federal-aid contracts. Compliance with 49 CFR, Section 20.100 (b).

_________ 4. Disclosure of lobbying activities non-collusion declaration and compliance with 49

CFR 29.

_________ 5. Certification regarding debarment, suspension, ineligibility and voluntary exclusion – lower tier covered transaction for federal-aid contracts. Compliance with 2 CFR parts 180-1200.

_________ 6. Prime Contractor must be FDOT Pre-qualified in the following work classes: 10.

Flexible Paving, 11. Grading+, 40. Sidewalks.

NOTE:

Certificate of Insurance: Within two weeks of a notification of intended award, the Contractor shall provide the City with the required Certificate(s) of Insurance, and Performance & Payment Bonds in a form(s) acceptable to the City.

Written Question(s) Form: Written questions must be received by: November 5, 2026 at 5:00 PM Local Time.

PERMIT FEES 4/11/08 PFEES-1

MISCELLANEOUS FEES, TAXES AND PERMITS OF THE CITY OF ORLANDO

The following are the City of Orlando 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.

PERMIT FEES 4/11/08 PFEES-2

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.

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

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 gas or plumbing installations required or provided for by Chapters 29 and 47, the fee shall be $50.00.

Electrical Fees

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

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

PERMIT FEES 4/11/08 PFEES-3

Building Permit Fees

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

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

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 (E) 4/22/20 TOC-1

TABLE OF CONTENTS

DIVISION O - BIDDING AND CONTRACT REQUIREMENTS

00030-1 Invitation for Bid 00100-1 Instruction to Bidders 00300-1 Bid Form 00300-8 Bid Bond 00310-1 Affidavit of Non-collusion and of Non-interest of City Employees 00360-1 Affidavit of Compliance with Scrutinized Companies with Activities List 00420-1 Questionnaire 00500-1 Agreement D-Bacon Davis Bacon FHWA 1273 Contract Provisions 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 00900-1 Forms List 00905-1 Notice of Intended Action: Award of Bid 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

DIVISION 1 - GENERAL REQUIREMENTS

01000-1 Index of Drawings 01010-1 Summary of Work 01014-1 Construction Sequence 01021-1 Soils Reports and Other Information 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 01380-1 Color Audio/Video Documentation of Construction Area 01400-1 Temporary Facilities 01420-1 Drawings and Submittals 01600-1 Materials and Equipment

TABLE OF CONTENTS (E) 4/22/20 TOC-2

01650-1 Start-up/Check-out 01710-1 Project Housekeeping/Cleaning 01730-1 Operating and Maintenance Data 01740-1 Warranties and Bonds 02718-1 Full Depth Reclamation

LOCAL AGENCY PROGRAM/FEDERAL-AID CONTRACT REQUIREMENTS

LAP-1 Local Agency Program/Federal-Aid Contract Requirements; FDOT’s Division 1 specification package for Local Agencies

LAP-2 Certification of Current Capacity LAP-3 DBE Opportunity List LAP-4 Lobbying Certification LAP-5 Non-Collusion Certification LAP-6 Certification of Debarment/Suspension

INVITATION FOR BID 1/6/2021 00030-1

INVITATION FOR BID

The City of Orlando, Florida, will receive electronic bids through OpenGov, for IFB27-0003 Virginia Dr., Forest Dr., and Corrine Dr., Complete Streets Project, on November 19, 2026, at 2:00 p.m. local time, at which time bids will be read virtually via Zoom meeting. Instructions on this process are in the solicitation package. The project consists of making roadway and pedestrian improvements to provide a complete street between State Road 527 (Orange Avenue) and Bennett Road along Virginia Drive, Forest Avenue, and Corrine Drive. The total length of the project is approximately 2.6 miles. The project is split between City Commissioner Districts 3 and 4.

Engineers Estimate: $26,089,582.31.

Plans, Specifications & Contract Documents will be open to public inspection on, October 19, 2026. Documents can be downloaded from the City’s OpenGov website at the following web link:

https://procurement.opengov.com/portal/orlando If you have any questions, you can contact the Procurement and Contracts Division at 407-246-2291.

It will be the responsibility of the Bidder to contact the Procurement and Contracts Division or visit https://procurement.opengov.com/portal/orlando prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and return executed addenda with the bid. The CITY is under no obligation to respond to questions received after the cut-off day for questions specified in this section.

Refer to "Instruction to Bidders" for more information on the bidding process.

Bids must be accompanied by a bid bond, certified check or cashier's check made out to the City of Orlando, or other security as provided by law, in an amount not less than 10% of the total base bid.

Prime Contractors must be appropriately licensed Florida Contractors pursuant to Chapter 489 Florida Statutes to be considered responsible bidders and eligible to be awarded a contract. Prime Contractor must be FDOT Pre-qualified in the following work classes: 10. Flexible Paving, 11. Grading+, 40. Sidewalks.

A Non-Mandatory Pre-Bid MS Teams Teleconference will be held, October 29, 2026 at 10:00 a.m., the conference line number is ID#1-321-247-7568,523648910#. You must press the # key immediately after entering the id number.

All questions about the meaning/intent of the Plans & Contract Documents must be submitted in writing before, November 5, 2026, 5:00 p.m. Local Time to Silvia.Coste@orlando.gov, 400 S. Orange Ave., 4th Floor, Orlando, Florida 32801. Questions will be answered in accordance with Article 5 of the "Instruction to Bidders," replies will be given at a later date.

The Contractor and subcontractors shall be required to comply with applicable federal, state and local laws, rules and regulations pertaining to the U.S. Department of Transportation and the Florida Department of Transportation (FDOT) program including, but not limited to, Davis-Bacon Act, Equal Employment Opportunity/Executive Order 11246, Restrictions on Lobbying, and the Civil Rights Act of 1964 and 1968. The Contractor shall comply with the requirements of the FDOT program and include this provision in all subcontracts issued as a result of this Agreement.

Additional requirements regarding this Project can be found in Supplemental Conditions Form 00800-1 and the Local Agency Program/Federal-Aid Contract Requirements documents found in Sections LAP-1 through LAP-6. This project contains construction phase costs that must meet the requirements of 339.28201 F.S.

No award of a contract or subcontract can be made at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation pursuant to federal or state requirements.

Upon award of contract, the Low Bidder shall be required to provide Performance and Payment Bonds in the amount of the Contract Price. The Surety must be licensed to do business in the State of Florida, must be included on the United https://procurement.opengov.com/portal/orlando https://procurement.opengov.com/portal/orlando

INVITATION FOR BID 1/6/2021 00030-2

States Department of the Treasury’s Listing of Approved Sureties, and must have at least an “A-” rating in accordance with the most current A.M. Best Company financial strength ratings.

Davis-Bacon Act Wage Rates

The current Davis-Bacon Wage Rates to be paid on this Project are set forth in General Decision Number: Highway, Orange County FL20260262, 08/13/2026; which can be found at https://sam.gov/.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

The Bidder certifies, by submission of its Bid, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency.

The City reserves the right to waive any informalities, to reject any or all Bids, or to re-advertise for Bids. Awards, if made, will be to the lowest responsive, responsible Bidder whose bid is most advantageous to the Owner, price and other factors considered.

https://sam.gov/

INSTRUCTION TO BIDDERS 10/24/24 00100-1

INSTRUCTION TO BIDDERS

ARTICLE 1 - DEFINED TERMS

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

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of the Bidding Documents may be obtained in the manner defined in the Invitation for Bids.

2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither CITY nor ENGINEER nor DESIGN ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

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

ARTICLE 3 - QUALIFICATION OF BIDDERS

3.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, following receipt of written request by CITY, information including but not limited to financial data, previous experience including references and evidence of authority to conduct business in the jurisdiction where the Project is located.

Bidders must be FDOT Prequalified in the following work classes: Prime Contractor must be FDOT Pre-qualified in the following work classes: 40. Cub, and 40. Sidewalks. This information must be received by City within ten days of Bidder receiving the written request. Submittals requested pursuant to this paragraph are in addition to those required elsewhere.

ARTICLE 4 - EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1 Before submitting a Bid, each Bidder 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 Bidder'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 Bidder 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 Bidder 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 bidders, and its use is subject to all of the conditions and limitations set forth in this article.

INSTRUCTION TO BIDDERS 10/24/24 00100-2

4.4 Before submitting a Bid, each Bidder shall, at Bidder'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 Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.5 On request, CITY will attempt to provide each Bidder reasonable access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. If access is provided, Bidder shall restore site to condition existing prior to conducting said investigations and tests.

4.6 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.

4.7 The submission of a Bid shall constitute a conclusive representation by the Bidder 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.

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

ARTICLE 5 - INTERPRETATIONS

5.1 To ensure fair consideration for all Bidders, the City prohibits communication to or with any officer, elected official (including the Mayor and City Council), department, division, office or employee of the City, and any advisory committee members during the solicitation process from the date of issuance of the solicitation through award, except as provided below.

5.2 Prohibited communications initiated by a bidder shall be grounds for disqualifying the offending bidder from consideration on the award of a contract from this or future solicitations.

5.3 Bidders 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.

5.4 All such communication (as indicated in 5.3 above) as well as other questions about the meaning/intent of the Plans & Contract Documents must be received in writing before 5:00 p.m. Local Time, November 5, 2026. No inquiries received after this date and time will be given any consideration.

5.5 This/these communication/questions must be submitted to Silvia Coste, CPP, Senior Procurement Agent. Procurements and Contracts Division, 400 S. Orange Ave., 4th Floor, Orlando, Florida 32801, at silvia.coste@orlando.gov .

5.6 Any interpretation made to prospective Bidders will be expressed in the form of an addendum to the solicitation.

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

5.8 Only questions answered by formal written Addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

ARTICLE 6 - BID SECURITY

6.1 Bid Security shall be made payable to CITY, in an amount of ten percent of the Bidder's Total Base Bid mailto:silvia.coste@orlando.gov

INSTRUCTION TO BIDDERS 10/24/24 00100-3

and in the form of a certified or cashier's check, a Bid Bond on the form provided (or substantial equivalent) issued by a Surety meeting the requirements of paragraph 5.1 of the General Conditions, or other security as provided by law.

6.2 The Bid Security of the Low Bidder shall be retained until such Bidder has executed the Agreement, furnished the required Contract Security, and the Insurance Certificates and Endorsements; if the Low Bidder fails to execute and deliver the Agreement or furnish the required Contract Security and the Insurance Certificates and Endorsements, CITY may annul the Notice of Award and the Bid Security of that Bidder may be forfeited. The Bid Security of any Bidder whom CITY believes to have a reasonable chance of receiving the award may be retained by CITY until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the General Conditions) or the ninety-first day after the Bid opening. Bid security of other Bidders may be returned within seven days of the Bid opening.

ARTICLE 7 - CONTRACT TIME

The time of completion is the essence of the contract, and the Bidder 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 Bid Form and Supplementary Conditions.

ARTICLE 9 - SUBSTITUTE MATERIAL AND EQUIPMENT

The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the "effective date of the Agreement." The procedure for submittal of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Article 6.7 of the General Conditions which may be supplemented in the General Requirements. If a substitution list is provided as part of the prescribed Bid Form, Bidders must identify proposed substitute materials and a deductive amount representing 50 percent of the cost difference between the specified item and the proposed item. These substitute materials and equipment shall be evaluated after "effective date of the Agreement." In all cases, the Low Bidder shall be determined on the basis of the Base Bid which shall reflect the cost for the materials and equipment specified.

ARTICLE 10 - SUBCONTRACTORS, ETC.

10.1 Reserved,

10.2 The CITY shall receive from the Apparent Low Bidder (or the Low Bidder), within ten days after receipt of written notification by CITY, a list of all Subcontractors and other persons and organizations, including those who are to furnish the principal items of material and equipment. This list shall include the name and address of the Subcontractor, person or organization, a description of the services, materials or equipment to be supplied, estimated time required for the preparation and submittal of shop drawings, and estimated lead times required for the fabrication of any long lead items and concurrence thereof. Such list shall be accompanied by a statement of experience with pertinent information as to similar projects and other evidence of qualification for each such Subcontractor, person or organization. If CITY or ENGINEER has reasonable objection to any proposed Subcontractor, other person or organization, either may, before the Notice of Award, request the Apparent Low Bidder (or the Low Bidder) to submit an acceptable substitute without an increase in Bid price. If the Apparent Low Bidder (or the Low Bidder) declines to make any such substitution, the contract may not be awarded to such Bidder at the CITY's sole discretion, but his declining to make any such substitution may not constitute grounds for sacrificing his Bid Security. Any Subcontractor, other person or organization so listed and to whom CITY or ENGINEER does not make written objection prior to the Notice of Award will be deemed acceptable to CITY and ENGINEER, but CITY and ENGINEER do not thereby waive any right they may have against the Contractor because of the actions or omissions of said Subcontractor, other person or organization.

INSTRUCTION TO BIDDERS 10/24/24 00100-4

ARTICLE 11 - BID FORM

11.1 The Bid Form is included in the Contract Documents.

11.2 Price proposal must be completed in OpenGov. The Bid price of each item on the form must be entered.

11.3 Bids 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.

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

11.5 All names and titles must be typed or printed below the signature.

11.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

11.7 The address to which communications regarding the Bid are to be directed must be shown.

ARTICLE 12 - SUBMISSION OF BIDS

Bidders must submit one (1) electronic Solicitation Response submittal via OpenGov.

Submit bid, and Bid Forms provided in the Contract Documents. Bids shall be submitted at the time and place indicated in the INVITATION FOR BID, marked with the Project title and name and address of the Bidder and accompanied by the Bid Security, the Affidavit of Non-collusion, and other documents if called for in the Contract Documents.

Bids received after the time and date specified in the INVITATION FOR BID shall not be considered.

ARTICLE 13 - MODIFICATION AND WITHDRAWAL OF BIDS

13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

Withdrawal of a bid will not prejudice the rights of Bidder to file a new Bid.

13.2 If within 24 hours after bids are opened, any Bidder 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 Bid; b) the mistake is of such great consequence that to enforce the Contract would be unconscionable; and c) the mistake occurred notwithstanding the exercise of reasonable care in the preparation of the Bid; the Bidder may withdraw its Bid, and the Bid Security will be returned provided that the CITY is not seriously prejudiced, except for the loss of its bargain. Bidder shall not be allowed to correct a bid with a material and substantial mistake. Thereafter, that Bidder shall be disqualified from further bidding on the work to be provided under the Contract Documents.

ARTICLE 14 - OPENING OF BIDS

14.1 At the specified time and place as indicated in the "INVITATION FOR BID," Bids shall be opened publicly and read aloud.

14.2 An abstract of the amounts of the base Bids and major alternates (if any) will be prepared and made available within a reasonable time after the opening of Bids.

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14.3 More than one Bid 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 Bidder is interested in more than one Bid for the same work will cause the rejection of all such Bids in which the Bidder is interested. If there are reasonable grounds for believing that collusion exists among the Bidders, the Bids of the participants believed to be in such collusion shall not be considered.

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

14.5 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 - BIDS TO REMAIN OPEN

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

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

ARTICLE 16 - AWARD OF CONTRACT

16.1 Award shall be based on products, equipment and materials named in the Contract Documents.

Consideration of and decisions regarding substitution shall not be made until after Award of the Contract.

16.2 In evaluating Bids, CITY shall consider the qualifications of the Bidders, and whether or not the Bids comply with the prescribed requirements.

16.3 In evaluating Bids, the CITY shall consider the information provided by the Low Bidder as described in these "INSTRUCTION TO BIDDERS."

16.4 The low Bidder shall submit, upon request of CITY, documentation evidencing its capability to perform classes of work contemplated, and the necessary plant and sufficient capital to execute the work properly within the time specified. This information must be received by CITY within ten days of Bidder receiving written request.

16.5 The CITY may require the low Bidder 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 Bidders" 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 bids over $25,000. The CITY, at its discretion, may require any or all of the above listed information from any other Bidder.

16.6 CITY may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions and Article 10 of these Instructions. Operating costs, maintenance, considerations, performance data and guarantees of materials and equipment may also be considered by CITY.

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16.7 CITY may conduct such investigations and require supplemental information as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, 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.

16.8 CITY reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to CITY's satisfaction.

16.9 CITY reserves the right to reject the Bid of any Bidder 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 CITY.

16.10 If the Contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder on the basis of the Total Base Bid. CITY reserves the right to reject all Bids.

16.11 If the Contract is to be awarded, CITY will give the Low Bidder a Notice of Award within ninety days after the day of the bid opening subject to the conditions in Article 15 of the Instructions to Bidders.

16.12 CITY, while reviewing the Bid of the apparent low Bidder, may reasonably require other Bidders 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 Bidders, and all information provided shall be at Bidders' sole expense. The CITY shall in no event be obligated to reimburse Bidders for their costs incurred to supply this information to the CITY.

16.13 A Bidder who is aggrieved in connection with a solicitation or award of a bid or contract may protest in accordance with the provisions of Section 7.900 of the City Code.

ARTICLE 17 - BONDS AND INSURANCE

Article 5 of the General Conditions sets forth CITY's requirements as to Bonds and Insurance. When the successful Bidder 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 - SIGNING OF AGREEMENT

18.1 When CITY gives a Notice of Award to the successful Bidder, it will be accompanied by at least three unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen days of receipt thereafter, successful Bidder shall sign and deliver at least three counterparts of the Agreement to CITY together with the documents described in Article 17 above attached.

18.2 Failure by a successful Bidder to whom the contract is awarded to execute the Agreement or to correctly complete or furnish the required Bonds or insurance certificates and endorsements shall be just cause for the annulment of the award and the forfeiture of the Bid Security.

18.3 A successful Bidder who is awarded the Contract and fails to execute the Agreement or correctly complete or furnish the required Bonds or insurance certificates and endorsements within the time period specified in

18.1 above shall be liable to the CITY for all damages resulting therefrom including reasonable attorneys' fees and costs, and attorneys' fees and cost on appeal. The Bid Security forfeited shall not be a limitation thereon.

ARTICLE 19 - PUBLIC ENTITY CRIMES

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 has been convicted of a public entity crime within three (3) years of the date this Project was advertised for bid, or if such person

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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.

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

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

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.

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

There may be special requirements pertaining to Warranty, Guarantee, Bonds, Insurance, Maintenance and the Correction Period, which are described in the Contract Documents. Bidders should review these special requirements, if applicable, and reflect in their bids 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”). Additionally, CONTRACTOR shall provide said workers with health benefits. CONTRACTOR may satisfy this health benefits requirement by providing to its workers on this project either 1) health benefits through a bona fide program or 2) by increasing the hourly wage by 20%. Evidence of the existence of a bona fide health benefits program must be submitted by CONTRACTOR to the City with the bid at the time of bid opening. The City, in its sole discretion, will determine whether a bona fide health benefits program is acceptable to the City. 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 health benefits, 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

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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 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.

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

ARTICLE 25 – RESERVED

ARTICLE 26 - RESERVED

ARTICLE 27 - NONDISCRIMINATION POLICY

The following provisions shall be included in all City (and Community Redevelopment Agency and Downtown Development Board) bids, RFP’s, and other solicitations for goods and services, and incorporated into all contracts resulting from such solicitations:

Contractor shall:

1. Implement an employment nondiscrimination policy prohibiting discrimination in the performance of the contract in the hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, ethnicity, color, religion, national origin, gender, disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status.

2. Not discriminate in the performance of the contract on account of actual or perceived race, ethnicity, color, religion, national origin, gender, disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status.

3. Incorporate the foregoing requirements in all subcontracts related to its contract with the City.

ARTICLER 28 – TRIMBLE SOFTWARE

The selected Proposer will be required to utilize the City of Orlando’s E-Builder software in the performance…