undefined

Y26-1022

INFRASTRUCTURE REPAIR AND REPLACEMENT TERM CONTRACT

Orange County, Florida

400 E South Street

Orlando, FL 32801

RELEASE DATE: July 14, 2026

DEADLINE FOR QUESTIONS: July 28, 2026

RESPONSE DEADLINE: August 18, 2026, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/orangecountyfl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Orange County, Florida undefined

Infrastructure Repair and Replacement Term Contract

I. Introduction & Submittal Instructions II. Solicitation Terms and Conditions

III. Scope of Services / Specifications IV. Business Development V. Insurance Requirements

VI. Bond Requirements VII. Contract Terms and Conditions

VIII. Special Terms and Conditions IX. Bid Response Form (Submittal) X. Fee Schedule

XI. Required Contract

Attachments:

A - Y26-1022 - Special Conditions

B - Y26-1022 - Technical Provisions undefined #Y26-1022 Title: Infrastructure Repair and Replacement Term Contract

1. Introduction & Submittal Instructions

1.1. Summary

NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County is accepting sealed bids for Infrastructure Repair and Replacement Term Contract (Y26-1022)

Sealed offers for furnishing the above will be accepted up to 4:00 pm EST on Tuesday, August 18, 2026.

The Estimated Cost for this project is Total Estimated 1-Year Cost: $5,281,600.00 and Total Estimated 5-

Year Cost: $26,407,600.00

NOTE: Respondents are required to submit responses electronically via the OpenGov e-Procurement

Platform. Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.

Responses received after the submission deadline and/or transmitted outside of the designated

OpenGov e-Procurement Platform shall be rejected.

Important Instructions for Electronic Submittal

The County is ONLY accepting electronic bid submissions using the OpenGov e-Procurement Platform.

Respondents shall create a FREE account with OpenGov by signing up at https://procurement.opengov.com/login Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.

It is the respondent's responsibility to ensure they commence their upload efforts timely to meet the submission deadline. The County shall not be responsible for delays caused by any occurrence, including the respondent's network delays, bandwidth issues, internet outages, or technical difficulties.

OpenGov Technical SupportFor Technical Support, respondent's can reach the OpenGov Service Desk:

Chat (preferred): Click the button in the lower right hand corner of the portal

Email: procurement-support@opengov.com

Phone: 1 (650) 336-7167

Hours: Mon-Fri 7am - 10pm EST

Timely Questions Regarding this Solicitation

The question and answer module of OpenGov IS being utilized for this solicitation. Timely questions concerning this solicitation shall be submitted in accordance with the deadline for questions: Tuesday, July 28, 2026 at 5:00 pm EST. Respondents are instructed not to contact the initiating division directly.

Consideration for modification or alteration of the documents contained in this solicitation shall be requested during the specified question period, before the applicable deadline. No oral interpretation of the meaning of the plans, specifications, or other Contract documents shall be considered binding. The https://procurement.opengov.com/login

County shall be bound by information and statements only when such statements are written and executed under the authority of the Manager, Procurement Division.

Answers for timely questions will be addressed in the OpenGov question and answer module or as an addenda to this solicitation depending on volume, participants are encouraged to subscribe as a follower and monitor all notifications. Beyond questions and answers, any and all modifications, clarifications, interpretations and supplemental instructions will be in the form of a written addendum which, if issued, will be available for download. All addenda and questions/answers so issued shall become part of the Contract Documents and receipt shall be acknowledged as specified herein.

This provision exists solely for the convenience and administrative efficiency of Orange County. No respondent or other third party gains any rights by virtue of this provision or the application thereof, nor shall any respondent or third party have any standing to sue or cause of action arising there from.

Untimely questions are unable to be submitted in the question and answer module, thereafter respondents raising critical concerns must email louis.straffi@ocfl.net. Critical clarifications may be made via addenda, however, untimely questions may not be considered.

1.2. Background

Orange County exercises the rights and privileges conveyed to it by the State of Florida, and the Orange

County Charter. It presently operates with an elected chief executive officer, Orange County Mayor, and six elected district commissioners, who together comprise the Board of County Commissioners.

Procurement is an essential function of the County, affecting all operational departments, ongoing projects and future initiatives. The Procurement Division is divided into three (3) Sections, the “Buying

Section”, the “Purchasing Section” and the “Contracts Section”.

The Orange County Procurement Division operates under the leadership of Carrie Mathes, MPA, NIGP-

CPP, CFCM, CPPO, CPPB as Procurement Division Manager and Chief Procurement Official in accordance with the Orange County Ordinance.

1.3. Contact Information

Orange County Procurement Point of Contact

Louis Straffi

Contracting Agent

Email: louis.straffi@ocfl.net

Phone: (407) 836-5635

Department:

Public Works, Roads and Drainage

1.4. Timeline

Release Project Date July 14, 2026 mailto:louis.straffi@ocfl.net tel:(407)836-5635

Pre-Bid Meeting (Non-Mandatory) July 21, 2026, 2:00pm

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/295188353998

400?p=WNxgWUxlZPPUK0AjrD

Meeting ID: 295 188 353 998 400

Passcode: fb7Xw6r7

Need help? | System reference

Dial in by phone

+1 689-206-9279,,883917996# United States, Orlando

Find a local number

Phone conference ID: 883 917 996#

Question Submission Deadline July 28, 2026, 5:00pm

Submission Deadline August 18, 2026, 4:00pm https://teams.microsoft.com/meet/295188353998400?p=WNxgWUxlZPPUK0AjrD https://teams.microsoft.com/meet/295188353998400?p=WNxgWUxlZPPUK0AjrD

2. Solicitation Terms and Conditions

2.1. Award

The Contract resulting from this solicitation shall commence effective upon execution by both parties and extend for a period of sixty (60) months.

The County may allow a price escalation provision within this award. The original contract prices shall be firm for the an initial one (1) year contract period. A price escalation/de-escalation will be considered at one (1) year intervals thereafter, provided the Contractor notifies the County, in writing, of the pending price escalation/de-escalation a minimum of sixty (60) days prior to the contract renewal date. Price adjustments shall be based on the latest version of the Producer Price Index (PPI) – Industry Data, as published by the U.S. Department of Labor, Bureau of Labor Statistics. This information is available at www.bls.gov. Contractor shall utilize the North American Industry Classification System (NAICS) to identify the industry code most similar to the contracted commodity for the required calculation below.

This information is available at www.census.gov/eos/www/naics/.

Price adjustment shall be calculated by applying the simple percentage model to the PPI data. This method is defined as subtracting the base period index value (at the time of initial award) from the index value at time of calculation (latest version of the PPI published as of the date of request for price adjustment), divided by the base period index value to identify percentage of change, then multiplying the percentage of change by 100 to identify the percentage change. Formula is as follows:

Current Index – Base Index / Base Index = % of Change

% of Change x 100 = Percentage Change

PPI Calculation Example:

PPI for current period 232.945

Less PPI for base period 229.815

Equals index point change 3.130

Divided by base period PPI 229.815

Equals 0.0136

Result multiplied by 100 0.0136 x 100Equals percent change 1.4%

A price increase may be requested only at each time interval specified above, using the methodology outlined in this section. To request a price increase, Contractor shall submit a letter stating the percentage amount of the requested increase and adjusted price to the Orange County Procurement

Division. The letter shall include the complete calculation utilizing the formula above, and a copy of the

PPI – Industry Data index table used in the calculation. The maximum allowable increase shall not exceed 4%, unless authorized by the Manager, Procurement Division. All price adjustments must be accepted by the Manager, Procurement Division and shall be memorialized by written amendment to this contract. No retroactive contract price adjustments will be allowed. Only final PPI data will be used to adjust contract pricing.

Should the PPI – Industry Data as published by the U.S. Department of Labor, Bureau of Labor Statistics decrease during the term of the contract, or any renewals, the Contractor shall notify the Orange

County Procurement Division of price decreases in the same method outlined above. If approved, the http://www.bls.gov/ http://www.census.gov/eos/www/naics/ price adjustment shall become effective on the contract renewal date. If the Contractor fails to pass the decrease on to the County, the County reserves the right to place the Contractor in default, cancel the award, and remove the Contractor from the County Vendor List for a period of time deemed suitable by the County. In the event of this occurrence, the County further reserves the right to utilize any options as stated herein.

2.2. References

Each similar project listed should be listed with complete information as specifically provided on

County’s provided reference form. The specific information on references must be provided on the reference form. Do not attach listings of reference information.

All Respondents should submit the requisite number of similar projects. Each such project must be verified by the county in order to be deemed responsible under this “references” section. Failure to provide reference information as requested may result in the rejection of your bid.

RESPONDENTS ARE ADVISED TO CONFIRM THAT:

a. Each reference provided by the Respondent has up to date contact persons and contact information;

b. The contact person provided for each reference is someone who has personal knowledge of the

Respondent’s performance during the referenced project; and

c. The contact person for each reference has been contacted by the Respondent regarding this specific bid submittal and such person confirmed their willingness to serve as a reference.

THE COUNTY WILL CONTACT THE REFERENCES PROVIDED AND WILL REJECT ANY AND ALL REFERENCES

FOR SIMILAR PROJECTS THAT IT IS UNABLE TO INDEPENDENTLY VERIFY.

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, the County reserves the right to follow up with – at minimum – the three (3) lowest Respondents for supplemental submission of references/similar projects. Any such opportunity to supplement or correct granted to a respondent by the County under this provision shall expire at 11:59pm county local time on the second full county business day after the day on which such respondent received the County’s request for supplementation. There will be no additional time or consideration granted by the County thereafter.

Respondents found responsible under this “REFERENCES” section may still ultimately be deemed to be not responsible by the County due to other considerations including, but not limited to, other information provided in the Respondent’s bid submittal, as well as any history the Respondent may have of negative performance on previous County project(s). ULTIMATELY, THE DETERMINATION OF

WHETHER A RESPONDENT IS DEEMED RESPONSIBLE SHALL BE AT THE SOLE DISCRETION OF THE

COUNTY.

2.3. Joint Venture Requirements

Respondents submitting as a Joint Venture shall submit documentation as an attachment to their bid response.

If applicable, failure to timely submit

(1) the required Information for Determining Joint Venture Eligibility Form AND (2) a fully executed copy of your joint venture agreement may result in disqualification.

The Information for Determining Joint Venture Eligibility form can be found at on the County's Forms and Resources website (https://www.ocfl.net/vfr).

2.4. County paid Licenses / Permits and Fees

Orange County will bear the cost of all permits, licenses, and fees imposed on the work/project by agencies of the Orange County Board of County Commissioners. This does not alleviate the selected

Respondent from obtaining and procuring the permits, as required by the County.

In compliance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each permit, license, and/or fee applicable to this work/project (before and during construction) will be paid by the selected

Respondent or may be furnished by the Orange County Board of County Commissioners, as specified below:

• The Orange County Government Fee Directory, incorporated herein by reference, contains a list of licenses, permits and fees that may apply to this project. The fee directory link “Fees” is available at:

http://www.orangecountyfl.net/portals/0/resource%20library/open%20government/FeeDirect ory.pdf

• Licenses, permits and fees which may be required by the State of Florida, State Agencies or by other local governmental entities or agencies other than Orange County Board of County

Commissioners.Respondents shall review all applicable licenses, permits and fees and contact the applicable agency if there are any questions.

The selected Respondent shall procure and pay for all permits and licenses, charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the work. The cost of all permits, fees, etc. shall be included in the bid price except where noted otherwise in the specifications or other bid documents.

2.5. Estimated Quantities

This Contract is based on estimated quantities. The selected Respondent will only be paid for materials installed in the work in accordance with the applicable unit prices for the specific work element (line item). No payment shall be made for excess materials delivered to the jobsite and not incorporated into the work. Therefore, it shall be the Respondent’s responsibility to determine the quantities of materials necessary to perform the project to its completion

2.6. Unbalanced Pricing

A. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices.

Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques. The greatest risk associated with unbalanced pricing occur when – https://www.ocfl.net/Portals/0/Library/Vendor%20Services/forms/Joint-Venture-Eligibility-Form-CERT.pdf https://www.ocfl.net/Portals/0/Library/Vendor%20Services/forms/Joint-Venture-Eligibility-Form-CERT.pdf https://www.ocfl.net/vfr http://www.orangecountyfl.net/portals/0/resource%20library/open%20government/FeeDirectory.pdf http://www.orangecountyfl.net/portals/0/resource%20library/open%20government/FeeDirectory.pdf

1. Startup work and mobilization are separate line items;

2. Base year quantities and option year quantities are separate line items ; or

3. The evaluated price is the aggregate of estimated quantities to be ordered under separate line items of an indefinite-delivery contract.

B. All offers with separately priced line items or subline items shall be analyzed to determine if the prices are unbalanced. If cost or price analysis techniques indicate that an offer is unbalanced, the Manager

Procurement Division shall:

1. Consider the risks to the County associated with the unbalanced pricing in determining the competitive range and in making the award decision; and

2. Consider whether award of the contract will result in paying unreasonably high prices for contract performance.

3. An offer may be rejected if the manager determines that the lack of balance poses an unacceptable risk to the County

2.7. Term Contract Fee Schedule

Unless the Bid Item Schedule specifies otherwise, unit prices and lump sums for individual line items shall include all costs, including but not limited to, mobilization, maintenance of traffic, insurance, bonds, overhead and profit.

The County reserves the right to itemize these expenses in the fee schedule.

2.8. Trade Secret Information

Orange County is subject to the State of Florida’s broad public records laws. Therefore, all documents, materials, records, data, or any other information submitted as part of a solicitation response are considered public records governed by the disclosure, exemption, and confidentiality provisions relating to public records in Florida law, including those found in Chapter 119, Florida Statutes.

Section 815.045, Florida Statutes, makes trade secret information, as defined in Section 812.081, Florida

Statutes, confidential and exempt from disclosure under Florida public records law. However, please note the following:

A. A Respondent’s desire for privacy of particular information submitted to the County does not make such information trade secret information. Respondents cannot render public records exempt from disclosure as containing trade secret information merely by designating information it furnishes to the County as confidential. Only information that specifically meets the exemption in Section 815.045, Florida Statutes, should be designated as trade secret information by Respondents.

B. Any Respondent who fails to designate information contained in its solicitation response as trade secret information at the time of solicitation response submittal has not taken the required measures or made reasonable efforts to maintain such information’s secrecy and has therefore waived any right to assert trade secret protections for such information. The County will therefore not consider any Respondent’s request to designate information in a solicitation response as trade secret information that is made after the time of solicitation submittal.

The County is not soliciting, nor does it desire, the submission of any Respondent’s trade secret information as part of this solicitation response. Notwithstanding the foregoing, to the extent that a

Respondent finds it necessary to designate certain information in its solicitation response as being trade secret information, the Respondent shall attach the following items to its solicitation response:

A. Trade Secret Information Itemization Log.The Respondent shall create and attach to its solicitation response a “Trade Secret Information Itemization Log” that:

1. Clearly itemizes any and all information that the Respondent designates as confidential trade secret information.

2. Completes such itemization in the narrowest and least expansive manner (word, line, paragraph, page, etc.) necessary to protect the confidentiality of the Respondent’s trade secret information.

3. Per item, provides the impacted submittal section/item number, a written explanation that comprehensively supports the Respondent’s classification of such information as trade secret information under state or federal law, and the legal citation under which such information is exempt and confidential from disclosure.

B. Redacted Impacted Submittals.For each submittal that contains information designated by the

Respondent as trade secret information, the Respondent shall attach a redacted copy of such impacted submittal. Such redactions must include notations containing cross-references to the itemized trade secret information as submitted in the Trade Secret Information Itemization Log.

Redactions must be made in the narrowest and least expansive manner (word, line, paragraph, page, etc.) necessary to protect the confidentiality of the Respondent’s trade secret information. Each redacted submittal copy must have a cover page and page header that is clearly marked as “REDACTED COPY”.

Respondents are advised that:

A. They must only redact the specific information that they, using good faith, believe to be confidential and exempt under applicable state or federal law and should not submit documents that have been broadly marked “CONFIDENTIAL”. Exemptions to Florida’s broad public records law are narrowly construed and therefore, the County is unable to accept broad designations of confidentiality or exemption from disclosure. Consequently, any such broad classification of trade secret information made by a Respondent may lead to its solicitation response being deemed non-responsive.

https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx

B. As a responsible steward of taxpayer funding and in the interest of transparency and accountability to the general public, the designation of the following information as trade secret information is not acceptable to the County and will therefore lead to a Respondent’s solicitation response being deemed non-responsive:

1. Any proposed rates, fees, or prices;

2. The total bid amount;

3. The general nature of the services rendered or goods being provided; and

4. Any information contained in the County’s solicitation documents, including the

Respondent’s answers to any of the questions in the bid response form (not including any impacted submittals).

Any Respondent that submits a solicitation response that in any manner asserts or suggests that information contained therein is the Respondent’s trade secret information hereby acknowledges and agrees to all of the following:

A. To the extent the County deems necessary to effectively handle, process, review, evaluate, and maintain the Respondent’s solicitation response, the County and its officials, employees, agents, and representatives are hereby granted full rights to access, view, consider, and discuss any information designated by the Respondent as trade secret information. The County may make copies of, and distribute, the Respondent’s unredacted impacted submittals for the purposes of facilitating evaluation of such response.

B. For auditing purposes, the County may disclose the Respondent’s unredacted impacted submittals to the Orange County Comptroller’s Office and the County’s internal and external auditors. Additionally, should funding for the award be in any part provided by the State of

Florida or the Federal Government, the County may also disclose the Respondent’s unredacted impacted submittals to such entities for auditing purposes.

C. Trade secret information is not exempt under the broad open meetings provisions of Florida law. Accordingly, any information that the Respondent designates as trade secret information in its solicitation response may be openly discussed at public meetings that comply with Section

286.011, Florida Statutes. The County will, however, exclude or redact any such designated trade secret information from any records that may result from such public meetings.

D. The Respondent shall be solely responsible for defending the confidentiality of its designated trade secret information at its sole cost, which action shall be taken in a court of competent jurisdiction located in Orange County, Florida, immediately, but no later than ten (10) calendar days from the date the Respondent receives written notification from the County that a request for information designated by the Respondent as trade secret information was made. Failure of the Respondent to timely file an action to defend the confidentiality of its designated trade secret information shall constitute a waiver by the Respondent of any claim that such information is confidential or exempt from disclosure and will result in the County’s release of the requested records.

E. The Respondent shall hold harmless and indemnify the County, its officials, employees, agents, and representatives from any and all claims, actions, suits, judgments, fines, costs, fees

(including attorneys’ fees), or damages arising from or related to any designated trade secret information submitted or otherwise provided to the County by the Respondent, including but not limited to those arising from the County’s non-disclosure of such information in response to a public records request.

F. The protection afforded by section 815.045, Florida Statutes, to trade secretion information is incomplete, and no right or remedy for damages shall arise from any disclosure of such information by the County.

G. The confidentiality protections and records exemptions for any information designated by the

Respondent in its solicitation response as being trade secret information shall expire five (5) years from the date of the Respondent’s submittal of such response.

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, the

County reserves the right to follow up with Respondents to seek clarification and to request additional information regarding any Respondent’s confidential trade secret designations.

The Trade Secret Information Itemization Log can be found at on the County's Forms and Resources website (https://www.ocfl.net/vfr).

2.9. Bid Acceptance Period

A bid shall constitute an irrevocable offer for a period of one hundred twenty (120) days from the public opening date or until the date of award. In the event that an award is not made by the County within one hundred twenty (120) days from the public opening date, the respondent may withdraw their offer or provide a written extension without modification.

2.10. Proprietary/Restrictive Specifications

If a prospective respondent considers the specification contained herein to be proprietary or restrictive in nature, thus potentially resulting in reduced competition, they are urged to contact the Procurement

Division prior to submittal deadline. Specifications which are unrelated to performance will be considered for deletion via addendum to this solicitation.

2.11. Surety Requirements

BID BOND

A Bid, Payment and Performance Bond are a requirement when the offer/contract amount exceeds

$100,000. Respondents shall attach an electronic copy of their bid bond for responsiveness. Submission of the bid bond, along with a certified and effectively dated copy of the power of attorney, shall be completed and signed by all required parties and submitted on the form provided in the solicitation.

https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.ocfl.net/vfr

Submittal of a bid bond less than 10% of the total estimated contract amount for base period, shall result in the bid being deemed non-responsive.

In order to be acceptable to the County, the Surety company issuing the Bid Bond shall meet and comply with the minimum standards described in #Bond Requirements, “Qualifications of Surety Companies”.

Failure to submit a Bid Bond from a Surety Company meeting these minimum standards shall result in rejection of the offer.

ALTERNATIVE SURETY

In the alternative, a Certified Check, or a Cashier's Check shall be required to accompany each electronic offer in a stated dollar amount of not less than ten (10%) percent of the sum of the total estimated contract amount for the base period.

Checks shall be submitted to the Procurement Division; Internal Operations Centre II, 400 E. South

Street; 2nd Floor, Orlando, FL 32801 on or before the submission deadline of 4:00 pm EST, Tuesday, August 18, 2026.

Respondent’s must indicate on the outermost sealed envelope the following:

1. Infrastructure Repair and Replacement Term Contract (Y26-1022)

2. Deadline: Tuesday, August 18, 2026.

3. Name of Respondent

4. Return Address of the Respondent

Submittal of a Certified Check, or a Cashier's Check in an amount less than ten (10%) percent shall result in rejection of the Proposal. Certified checks or cashier's checks shall be drawn on a solvent bank or trust company to the order of the Board of County Commissioners, Orange County, Florida and shall have all necessary documentary revenue stamps attached, if required by law. Personal checks shall not be accepted and shall result in rejection of the Proposal.

Failure to submit alternative surety prior to the submission deadline of4:00 pm EST,Tuesday, August

18, 2026 shall result in rejection of the entire Proposal (electronic submittal). The time/date stamp clock located in the Procurement Division shall serve as the official authority to determine lateness of any alternative surety. Checks received after the stated deadline will be returned unopened.

2.12. Development or Assistance with Specifications /Requirements /Statements of Work

Firms or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or documents contained within this Solicitation are excluded from competing for this Solicitation.

This shall not be applicable to firms or individuals providing responses to a publicly posted Request for

Information (RFI) associated with this Solicitation.

https://secure.procurenow.com/portal/orangecountyfl/projects/280538/document?section=2707897

2.13. No Reciprocal Preference

The County's option to award a reciprocal preference, provided in the Orange County Code of

Ordinances, Sec. 17-310, Competitive sealed bid process, is waived and shall not be applicable to this solicitation award.

2.14. Federal and State Tax

The County is exempt from Federal and State Sales and Use Taxes for tangible personal property

(Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida

Sales/Use Tax Exemption Certificate).

Selected Respondents doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any selected

Respondent be authorized to use the County’s Tax Exemption Number in securing such materials.

2.15. Award Of Term Contract/Rejection Of Bids

A Contract will be awarded to the low, responsive and responsible Respondent(s), price and other factors considered. The County will award one Contract for this requirement.

The County, at its sole discretion, reserves the right to reject any and all Bids and to waive any informality concerning Bid Proposals whenever such rejection or waiver is in the best interest of the

County. The ability of a Respondent to obtain a performance bond and a payment bond shall not be regarded as the sole test of such Respondent's competency or responsibility.

Nothing contained herein shall place a duty upon the County to reject Bids or award a Contract based upon anything other than its sole discretion as described herein.

Determination of the low Respondent when additive or deductive Bid items are involved shall be as follows:

ADDITIVE/DEDUCTIVE BID ITEMS:

A. If it is deemed to be in the best interest of the County to accept the alternate(s), award will be made to the Respondent that offers the lowest aggregate amount for the base Bid, plus or minus (in the order listed on the Bid form), those additive or deductive Bid items that provide the most features of the work.

B. All Bids will be evaluated on the basis of the same additive or deductive Bid items.

C. Failure of the Respondent to provide pricing for all unit priced items and/or the Base Bid and ALL requested additive/deductive bid items, or alternate bids shall be cause for rejection of the bid as non-responsive.

D. Based on available funding, additives/deducts will be considered based on the prioritization as identified herein (if applicable).

2.16. Solicitation Cancellations

Orange County reserves the right, and the Manager of the Procurement Division, has the absolute and sole discretion to cancel a solicitation at any time prior to approval of the award by the Board of County

Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

2.17. Bid Tabulation and Recommended Award

Solicitation files may be examined during normal working hours, thirty (30) days after public opening, or upon recommendation for award, whichever occurs first. Individuals desiring to view these documents are urged to schedule an appointment. For information concerning this solicitation, please contact the

Procurement Division at procurement@ocfl.net or by calling (407) 836-5635. Please specify the solicitation number for which you are inquiring. Solicitation public opening results will be available at http://apps.ocfl.net/orangebids/bidresults/results.asp. Unsuccessful respondents will not be notified, unless a request is submitted in accordance with this paragraph.

Public Openings are held each Wednesday at 9:30am and Friday at 9:30am. A public opening of responses will be conducted at the next posted Procurement Public Meeting following the submission deadline. In the event of a County Holiday or unforeseen delay, responses shall remain sealed until the next public meeting.

Firms will be able to attend the public opening virtually, see the following instructions:

Visit: https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

Meeting number: 286 177 361 Password: Go2Meeting

Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361

Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361

Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361

The physical meeting location is 400 E. South Street, 2nd Floor, Orlando, Florida 32801

2.18. Posting of Recommended Award and Protests

The recommended award will be posted for review by interested parties at the Procurement Division and at:

http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp prior to submission through the appropriate approval process and will remain posted for a period of five (5) full business days.

Orange County Lobbyist Regulations General Information http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the

Contractor. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon contract award.

The County may void any contract where the County Mayor, one or more County Commissioners, or a

County staff person has been lobbied in violation of the black-out period restrictions of Ordinance No.

2002-15.

http://apps.ocfl.net/orangebids/bidresults/results.asp https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

Orange County Protest

Procedureshttp://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

Failure to file a protest with the Manager, Procurement Division by 5:00 PM on the fifth full business day after posting, shall constitute a waiver of bid protest proceedings.

2.19. Bid and Related Costs

By submission of a bid, the Respondent agrees that any and all costs associated with the preparation of the bid will be the sole responsibility of the Respondent. The Respondent also agrees that the County shall bear no responsibility for any costs associated with the preparation of the bid including, but not limited to, any administrative or judicial proceedings resulting from the solicitation process.

2.20. Contractual Agreement

This Invitation for Bids shall be included and incorporated in the final contract or purchase order. Any and all legal actions associated with this Invitation for Bids and/or the resultant contract shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the

Ninth Circuit Court in and for Orange County, Florida.

2.21. Public Entity Crime

Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section.

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted

_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

A person or affiliate who has been placed on The Convicted Vendor list following a conviction for a public entity crime shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall not transact business with any public entity in excess of the threshold amount provided in Florida Statute Section 287.017, for CATEGORY TWO, for a period of thirty-six (36) months from the date of being placed on The Convicted Vendor List.

2.22. Conflict of Interest

The award is subject to provisions of applicable State Statutes and County Ordinances. All respondents must disclose with their bid the name of any officer, director, or agent who is also an employee of

Orange County. Further, all respondents must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Respondent's firm or any of its branches. Should the selected Respondent permanently or temporarily hire any County employee who is, or has been, directly involved with the selected Respondent prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County.

http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

2.23. Ethics Compliance

The following forms are included in this solicitation within the Contract Compliance Packet and shall be completed and submitted as indicated below:

• Relationship Disclosure Form – The purpose of this form is to document any relationships between a respondents to an Orange County solicitation and the Mayor or any other member of

Orange County, Florida. This form shall be completed and submitted with the applicable bid to an Orange County solicitation.

No contract award shall be made unless compliance forms have been completed and submitted. Any questions concerning these forms shall be addressed to the contact identified in this solicitation. Also, a listing of the most frequently asked questions concerning these forms is provided within each form for your information.

2.24. Payment Terms/ Discounts

The County’s payment terms are in accordance with Florida Statute 218, Local Government Prompt

Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes.

2.25. Deviations

Respondents are hereby advised that Orange County will only consider Bids that meet the specifications and other requirements of the solicitation. In instances where a deviation is stated in the Bid form, said

Bid will be subject to rejection by the County in recognition of the fact that said Bid does not meet the exact requirements imposed by the solicitation.

2.26. Pricing Errors

If an error is committed in the sub-total extension of an item or the overall total, the unit price as shown in the respondent's submittal will govern.

Errors between any amount computed erroneously, and the correct amount thereof will be resolved in favor of the correct amount based on the unit price.

Any discrepancy between words and numbers will be resolved in favor of the written words.

2.27. 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 accepted "or equal" items.

Whenever materials or equipment or patented processes are specified or described in the Contract

Documents by naming a trade name, manufacturer, supplier or proprietary item or catalog number, the naming of the item is intended to establish the type, function and quality required and to establish a basis for bidding. Substitute materials or equipment may be considered after a Contract for the Work is executed if sufficient information is supplied by the selected Respondent to allow Project Manager to evaluate the proposed substitution, unless the naming of the item is followed by words indicating that no substitution is permitted. The procedure for submittal of any such application by Contractor and consideration by Project Manager is set forth in the Contract Terms and Conditions.

In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, then the difference in cost of the item shall benefit the County and the selected Respondent in equal proportions.

Applications for substitute materials and equipment shall only be evaluated after the Contract is executed. The Base Bid and Alternates shall reflect the costs for the materials and equipment named or specified only.

2.28. Requested Information and Descriptive Literature

Respondent must furnish all requested information in the spaces provided within the bid submittal or attachments thereto. Additionally, where required pursuant to the provisions of this bid package, Respondents must submit with their bid proposal cuts, sketches, descriptive literature and/or complete specifications relative to the items proposed and offered.

2.29. Modification/Alteration Of Solicitation And/ Or Contract Documents

Modification or alteration of the documents contained in this solicitation or the contract resulting from this solicitation shall only be made upon receipt of prior written consent of the County.

2.30. Term Contract Documents

The Contract Documents shall include the Delivery Orders issued pursuant to the Contract and documents stated in the Contract (Titles, Subtitles, Headings, Running Headlines, Table of Contents and

Indexes are used merely for convenience purposes).

2.31. Laws And Regulations

The Respondent's attention is directed to the fact that all applicable Federal and State laws, municipal and county ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the Contract throughout, and they will be deemed to be included in the

Contract the same as though herein written.

Respondents are hereby provided notice of the provisions of Section 287.05701, Florida Statutes

2.32. Execution Of Written Term Contract

The successful Respondent will be required to sign a written Contract which has been made a part of this Bid package and identified as the #Required Contract. Said written Contract will evidence in written form the agreement between the parties pursuant to the award having been theretofore made by the

County to this Respondent; said signing to be accomplished within ten (10) days after receipt of Notice of Award.

2.33. Indemnification For Tort Actions/Limitation Of Liability

The provisions of Florida Statute 768.28 applicable to Orange County, Florida apply in full to this

Contract.

https://procurement.opengov.com/portal/orangecountyfl/projects/280538/document?section=2707890

Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the County acting within the scope of his/her office or employment are subject to the limitations specified in this statute.

No officer, employee or agent of the County acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for any or damage suffered as a result of any act, event, or failure to act.

The County shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

2.34. Licensing Requirements

The following licensing requirements shall apply when the applicable Florida Statute mandates specific licensing for Contractors engaged in the type of work covered by this solicitation.

A. Prime Contractors, to be considered for Contract award for this work shall be either "registered" or "certified" by the State of Florida, Division of Professional Regulation, Construction Industries

Licensing Board and licensed by other federal, state, regional, county or municipal agencies having jurisdiction over the specified construction work.

B. Said licenses shall be in the Respondent's name as it appears on the Official Bid Form.

Respondent shall supply appropriate license numbers, with expiration dates, as part of their Bid.

Failure to hold and provide proof of proper licensing, certification and registration shall be grounds for rejection of the Bid.

C. Respondent shall provide copies of all applicable licenses with their Bid Proposal.

D. Subcontractors contracted by the Prime Contractor shall be licensed in their respective fields to obtain construction permits from the County. Said license must be in the name of the

Subcontractor as listed within the bid submittal.

2.35. Trench Safety Act

Pursuant to Chapter 90-96 (CS/SB 2626), Laws of Florida, "Trench Safety Act", any person submitting a

Bid is required to comply with FLORIDA TRENCH SAFETY ACT (90-96, LAWS OF FLORIDA), if applicable only.

This is not a pay item. The purpose of this form is to gather information on the costs associated with trench safety measures and to insure that the Respondent has considered these costs and included them in the Base Bid. If this form is applicable, failure to complete this form may result in the Bid being declared non-responsive. If applicable, Respondents shall submit this form as an attachment.

The Compliance with Florida Trench Safety Act Form can be found at on the County's Forms and

Resources website (https://www.ocfl.net/vfr).

https://www.ocfl.net/Portals/0/Library/Vendor%20Services/docs/Trench%20Safety%20Act%20Form.docx https://www.ocfl.net/vfr

2.36. Subcontractor’s Past Performance

Respondent is responsible for verifying subcontractor’s satisfactory performance on previous Orange

County projects. Failure to do so may impact Respondent's responsibility determination

2.37. Subcontractors

Respondent must list all proposed subcontractors and suppliers to be used. Selected Respondent shall not change any subcontractors without just cause and approval by the County.

2.38. Occupational Safety And Health Act (O.S.H.A.)

All material, equipment, etc., to be incorporated into the resultant contract shall meet and conform to all O.S.H.A. requirements; by submission of a bid Respondent certifies their compliance with this requirement.

2.39. Required Disclosure

Respondent shall disclose with its bid submission all material facts pertaining to any felony indictments or convictions in the last ten (10) years, or any pending felony charges, anywhere in the United States against (i) Respondent, (ii) any business entity related to or affiliated with Respondent, or (iii) any present or former executive employee, senior management, key employee, officer, director, stockholder, partner or owner of Respondent or of any such related or affiliated entity, collectively referred to as “Respondent.” This disclosure shall not apply to any person or entity who is, or was, solely a stockholder, owning less than 5% of the outstanding shares of a Respondent whose stock is publicly owned and traded.

Respondent shall disclose any civil citations, infractions, or convictions for any reason in the last ten (10) years involving Respondent, including all material facts.

Respondent shall disclose any civil litigation, administrative proceeding, or notice of default during the last five (5) years, anywhere in the United States, in which Respondent or any business controlled by or affiliated with Respondent is, or was, a party.

The County may reject, at its sole discretion, any Respondent if the County finds Respondent or its present or former executive employees, senior management, key employee, officers, directors, stockholders, partners, affiliates, or owners lack honesty, integrity, or moral responsibility. The County may also reject, at its sole discretion, any Respondent if it is in the County’s best interest to do so. The

County may base its findings on the disclosures required herein, the County's own investigation, public records, or any other reliable source of information. The County may also reject any Respondent that fails to make the disclosures required herein. By submitting a bid, Respondent recognizes and accepts that the County may reject any bid at its sole discretion and the Respondent waives any claim it might have for damages or other relief arising from the rejection of its bid or resulting directly or indirectly from the rejection of its bid based on these grounds or from the disclosure of any information related to the reasons for rejection of its bid.

2.40. Debarment,…