RFB20260914-01

Melbourne Airport Authority Request for Bid for

EMBRAER WAREHOUSE SITE PREPARATION

GENERAL AVIATION DRIVE

RFB Issue Date: September 14, 2026 RFB Due Date: October 15, 2026 @ 2:00PM Prepared By: Construction Engineering Group Checked By: Melbourne Airport Authority Approved By: Melbourne Airport Authority Published Date: 09/14/26

Melbourne Airport Authority One Air Terminal Parkway Suite 220 Melbourne, FL 32901

(321) 723-6227

REQUEST FOR BID – RFB20260914-01

At

MELBOURNE ORLANDO INTERNATIONAL AIRPORT

MELBOURNE, FLORIDA

NOTICE IS HEREBY GIVEN that sealed proposals from qualified Contractors with airport airfield experience for the EMBRAER WAREHOUSE SITE PREPARATION PROJECT will be received by the CITY OF MELBOURNE AIRPORT AUTHORITY at the office of the Executive Director, Melbourne Orlando International Airport, One Air Terminal Parkway, Suite 220, Melbourne, Florida 32901 until Thursday, October 15, 2026, at 2:00 PM EDT at which time proposals will be publicly opened, read aloud, and submitted for evaluation. Late proposals will not be accepted.

Bid packages will be available on Monday, September 14, 2026 in .pdf and may be obtained from demandstar.com, myvendorlink.com and from Sandra Acevedo, Executive Assistant, who may be contacted at 321-723-6227 ext. 123, or by e-mail at sacevedo@mlbair.com. Paper copies will not be available.

A Mandatory Pre-Bid Conference will be held in the Melbourne Airport Authority Board Room, One Air Terminal Parkway, Suite 220, Melbourne, Florida 32901 on Monday, September 21, 2026 at 11:00 AM EDT, at which time a site visit will follow. THIS WILL BE THE ONLY SITE VISIT FOR THIS PROJECT. The site is in a secure area of the Airport requiring escort. A government issued ID will be required to visit the site following the pre-bid conference.

During the bid period, only written questions received by 2:00 PM on Thursday, October 8, 2026 will be accepted. Written responses will be distributed to all Bidders via an addendum. E-mail questions using the included form to Sandra Acevedo at sacevedo@mlbair.com.

The Bidder agrees to comply with the following requirement: “No member, officer, or employee of the Melbourne Airport Authority or the City of Melbourne, during his or her tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof”.

A Bid Bond or Certified Check in the amount of 5% of the Total Amount Bid must be submitted with the bid. A Public Construction Bond in a sum equal to 100% of the amount of the Contract awarded, will be required prior to execution of contract.

No bids may be withdrawn after the scheduled time for receipt of bids, for a period of sixty (60) calendar days. To be eligible for award of contract, the successful bidder must submit, upon request and within five (5) business days after the bid opening, evidence of financial responsibility, experience, qualifications, and satisfactory completion of previous similar projects, to the satisfaction of the Melbourne Airport Authority.

The Owner reserves the right to reject all proposals with or without cause, to waive technical errors and informalities, and to accept the proposal that best serves the Owner.

MELBOURNE AIRPORT AUTHORITY

Greg Donovan, A.A.E.

Executive Director mailto:sacevedo@mlbair.com

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TABLE OF CONTENTS

PAGE #

00 00 01 REQUEST FOR BID ADVERTISEMENT 1

00 01 10 TABLE OF CONTENTS 1

00 11 19 REQUEST FOR PROPOSALS 1

00 21 16 INSTRUCTIONS TO PROPOSERS 1 - 14

00 41 16 PROPOSAL 1 - 6

00 45 19 NON-COLLUSION AFFIDAVIT 1

00 45 51 TAX DELINQUENCY AND FELONY CONVICTIONS 1

00 45 53 SWORN STATEMENT PURSUANT TO SECTION 287-1.33(3)(A),

FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 1 - 2

00 45 56 CERTIFICATION REGARDING DEBARMENT, SUSPENSION

AND OTHER RESPONSIBILITY MATTERS 1

00 45 59 CONFLICT OF INTEREST CERTIFICATE 1

00 45 63 CERTIFICATE OF CURRENT CAPACITY 1 - 2

00 45 73 WORK OPPORTUNITY TAX CREDIT & WELFARE

TO WORK TAX CREDIT 1

00 45 83 E-VERIFY 1

00 52 33 AIA A101-2017 CONTRACT 1 - 11

00 61 10 AIA A101-2017 EXHIBIT A (Insurance and Bonds) 1 - 8

00 61 11 PUBLIC CONSTRUCTION BOND (EXHIBIT A) 1 - 2

00 61 23 N/A

00 62 33 BUY AMERICAN CERTIFICATION 1 - 2

00 63 11 INQUIRY FORM 1

00 72 23 AIA DOCUMENT A201-2007 GENERAL CONDITIONS 1 - 49

00 73 23 N/A 00 73 23.13 N/A

01 11 13 SUMMARY OF WORK 1 - 7

01 32 13 SCHEDULE 1 - 19

01 35 43 ENVIRONMENTAL PROTECTION 1 - 6

01 77 00 PROJECT CLOSE-OUT 1 - 3

01 78 23 N/A

01 78 39 PROJECT RECORD DOCUMENTS 1 - 5

Construction Engineering Group DRAWINGS 5 sheets

END OF SECTION

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INSTRUCTIONS TO BIDDERS

PART 1 – BACKGROUND

The Melbourne Airport Authority (MAA) is seeking bids to clear and prepare a building pad for a warehouse project on the Embraer campus. This first phase of the project will be for site preparation only. This is a Lump Sum Contract.

The successful bidder will be responsible for maintenance of traffic, coordination with other contractors that may be doing work within the area, and for providing maximum support to the Melbourne Airport Authority and its tenants in maintaining their operations and other functions at times specified by the Owner during installation. Construction will occur while the airport is operational, and provisions will need to be made to accommodate existing airfield activities adjacent to the project zone.

The Scope of Services for the Bidder as part of this Request includes all elements related to value engineering, scheduling, permitting, subcontractor bidding and contracting, supervision of the work, document control of all submittals, RFI's, ASI's, etc., coordination of inspections, commissioning, training and project close-out. It will be the responsibility of the awarded Bidder to coordinate their activities and schedules with Airport Operations, tenants, and any other contractors that may be working in the vicinity to minimize conflicts and delays. Special coordination and a high level of expectation by the Owner will be held on the selected Bidder to provide maximum coordination, support, and professionalism to this project.

It should be understood by all participating Bidders that the Melbourne Airport Authority reserves the right to supplement, expand, and modify the information and requirements prior to distribution of the final Addendum.

PART 2 - RFB SPECIFIC INFORMATION

2.01. DEFINITIONS

Whenever the following terms appear in the Proposal, the intent and meaning shall be interpreted as follows:

A. Contract: A single contract with a Contractor, Construction Management or

Design/Build firm for the design and/or construction of a public construction project. The contract will include services for scheduling, permitting, subcontractor bidding and contracting, supervision of the work, document control of all submittals, RFI's, ASI's, etc., coordination of inspections, and project close-out of the Project. It is the entire and integrated written agreement between the Owner and the Contractor concerning the Work. The Contract supersedes prior negotiation, representation or agreements whether written or oral.

B. Contracting Firm (aka Contractor, Construction Manager (CM), Design/Build Contractor (DBC), Proposer or Successful Bidder): A partnership, corporation, or other legal entity that: Is certified under F.S. 489.119 to engage in contracting through a certified or registered general contractor as the qualifying agent; with whom Owner has entered into the Agreement. The Contracting Firm will construct the project.

00 21 16 - 2

C. Board: The Melbourne Airport Authority Board, its successors and assigns.

D. Contract Documents: for purposes of this RFB, contract documents will consist of the Owner's standard Bid Package, specifications (Project Manual) and drawings with additional project information and requirements.

E. Design Professional (Owner's Consulting Engineer or Owner's Consultant):

Currently the Owner has contracted with a firm for the design at this time. The Melbourne Airport Authority is responsible for the design documents presented within the Bid Package, including the technical design parameters and requirements along with the Plans and/or Drawings used for the construction of the project.

F. Owner (the Melbourne Airport Authority and Board): The Entity with whom the

Contractor has entered into the Agreement and for whom the work is to be performed. Melbourne Airport Authority, the public body, agency or instrumentality for which contract is to be performed. In all respects hereunder, the Melbourne Airport Authority's performance is pursuant to its' position as the Owner of a construction project. In the event the Melbourne Airport Authority exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to the Airport's authority as a governmental body and shall not be attributable in any manner to the Airport as a party to the Contract.

G. Notice to Proceed: A written notice to the firm authorizing the commencement of work fixing the date on which the contract times will commence to run and shall start to perform the work under the Contract documents.

H. Plans and/or Drawings: The graphic representations of the construction project, including specifications and product data prepared by the Owner and/or their consultants as the Engineers and Architects of Record based on concepts and the Design presented in this document.

I. Bidder: Any individual, or corporation submitting a bid or proposal for the project, acting directly or through a duly authorized representative. For the purpose of this RFB, Bidder or Proposer shall mean the same thing as the Contracting Firm, Contractor, Construction Manager, Design/Builder, Design/Build Contractor or Prime Contractor once a Contract has been awarded.

J. Project: All work associated with the permitting, construction, commissioning and close-out of the TERMINAL MEP/HVAC RENOVATIONS – CENTRAL ENERGY

PLANT CONSTRUCTION.

2.02. QUALIFICATION OF BIDDERS

A. All work performed shall be in accordance with the Contract Documents pertaining thereto, by a Florida Licensed Contractor. Positive efforts shall be made by the successful bidder to utilize Brevard County businesses, small businesses, minority

00 21 16 - 3 owned firms, and women’s business enterprises as subcontractors, suppliers and vendors.

B. The Prime Contractor must have experience in working on an active airfield project.

C. If requested by the Owner, the Bidder shall submit a certified financial statement, prepared within the past 120 days, itemizing present financial resources, liabilities and capital equipment.

2.03 DISQUALIFICATION

Bidders may be disqualified, and their bids rejected for any of the following:

1. Reason to believe that collusion exists among Proposers.

2. Determination by Owner for lack of competency as may be revealed by qualification statements, financial statements, experience records, or other questionnaires.

3. The Bidder's backlog of uncompleted work load, which in the judgment of the Owner, may impact the Bidder's ability to and cause detrimental impact or prompt completion of this Contract.

4. The Bidder is involved in any litigation against the Owner.

5. The Bidder has defaulted on any Contract or is in arrears on any existing

Contract.

6. Litigation that could impact the ability of the Firm to complete the Project on schedule.

7. The Bidder has been convicted of crimes against public entities, been debarred from government work or has a conflict of interest that could impact the Bidder’s ability to complete the work.

8. The Bidder cannot meet the Federal requirements of this project.

2.04 SEALED BIDS

Sealed bids shall be received at the time and place designated in the Request for Bids.

Timely bids are publicly opened and read aloud, tabulated, and an apparent low bidder announced. The apparent low bidder shall provide all transportation, labor, materials, tools, supplies, plant equipment and machinery necessary, for performing all Contract obligations herein specified and identified on the drawings and specifications.

Vendors, contractors, consultants, or their representatives shall not meet with, speak individually with, or otherwise communicate with the Melbourne Airport Authority Board members, or Melbourne Airport Authority staff, other than the designated Melbourne Airport Authority staff representative once an invitation to bid, request for bid, request for quote, request for proposal, invitation to negotiate, or request for qualifications has been issued and until a contract has been awarded.

Any such communication shall disqualify the vendor, contractor, or consultant from responding to the subject invitation to bid, request for quote, request for proposal, invitation to negotiate, or request for qualifications.

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Failure by a potential Bidder to ask questions or request changes by the dates indicated shall constitute the Bidder's acceptance of the requirements set forth in this process.

No answers given in response to questions submitted shall be binding upon this qualification process unless released in writing as an addendum to this process.

2.05 DELIVERY OF BIDS

All bids, whether mailed or delivered in person, shall be submitted in duplicate in a single sealed envelope bearing on the outside the words "SEALED BID – TO BE OPENED AT PUBLIC BID OPENING ONLY". The title of the project as identified below, bid date and time, and Bidder’s name, address and telephone number shall be clearly marked on the front of the envelope.

Title:

PROPOSAL PACKAGE FOR: EMBRAER WAREHOUSE SITE PREPARATION

General Aviation Drive

Melbourne Orlando International Airport

PROPOSAL NUMBER: RFB20260914-01

PROPOSAL DUE DATE: DUE ON: October 15, 2026 @ 2:00PM EDT

PROPOSAL PACKAGE FROM: (Name of Bidding Firm)

(Address)

CONTACT: (Name of Person representing Firm)

CONTACT PHONE & E-MAIL: (Phone # & e-mail address of Contact)

Address to:

Sandra Acevedo Executive Assistant Melbourne Airport Authority One Air Terminal Parkway, Suite 220 Melbourne, Florida 32901

Hand-carried Proposals must be turned into the receptionist at the Melbourne Airport Authority, One Terminal Parkway, Suite 220, Melbourne, Florida 32901 (DO NOT LEAVE SEALED

PROPOSALS WITH AIRPORT STAFF ON THE FIRST LEVEL).

The responsibility for delivering the bid to the Melbourne Airport Authority on or before the stated time and date is solely the responsibility of the Bidder. The Melbourne Airport Authority is not responsible for delays caused by the mail service or any other occurrence.

The bid time is scrupulously observed. Under no circumstances will late bids be accepted.

Any late bids will be returned to the Bidder unopened. Bidder shall not include information or responses to bid requests for more than one project in any one envelope or box.

Failure to provide the required copies and information may result in the bid not being considered. Submittals shall be clear, concise, indexed by subject, typed on letter size paper, 00 21 16 - 5 and individually bound. Submittals shall be mailed or delivered in a sealed package clearly marked on the outside with the project name, invitation number, and due date. Packages shall be received at the Melbourne Airport Authority by the advertised deadline. Each respondent should ensure that they have received any/all addenda and amendments to this process before submitting their proposal. Please check the Airport's web site at www.mlbair.com for any addenda. Delivery of a package to any Melbourne Airport Authority location other than the Office of the Executive Director does not constitute an official receipt by the Melbourne Airport Authority. Any package delivered after the advertised deadline will not be considered. Bidders shall be submitted in the order listed below.

During the entire solicitation and evaluation process, all contact must be channeled through Sandra Acevedo at 321-723-6227 ext. 123, or by email at sacevedo@mlbair.com. Failure to comply with these procedures shall be cause for disqualification of the Firm's expression of interest.

2.06 BID FORMS

Pages P-1 through P-4 constitute the proposal. The Bidder shall submit two sets of originals for his proposal on the forms provided, or an exact copy of the forms, furnished herewith. All blank spaces shall be filled in accurately. The Bidder shall state the price, typewritten or written in ink, for each item requested. Partially completed bids are not accepted.

2.07 SIGNATURE ON BID

The Bidder shall sign his bid as specified. Bids made by individuals shall include the

Bidder’s name and legal address. If a firm or partnership submits a bid, the name and physical address of each principal or officer of the firm or partnership shall be identified. For bids submitted by a corporation, the authorized person signing the bid shall identify the name of the state under the laws of which the corporation is chartered. In addition, the names and business addresses of the Corporation’s President, Secretary, and Treasurer shall be listed. The bid shall bear the seal of the Corporation attested by the Corporation’s Secretary. Anyone signing the bid as an Agent shall include legal evidence of his authority to act as an Agent.

2.08 LAWS AND REGULATIONS:

A. The Bidder’s attention is directed to the fact that all applicable State laws, and the rules and regulations of all authorities having jurisdiction over construction 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 out in full and failure to be familiar with same will in no way relieve the Bidder from responsibility. Federal wage laws apply under this Contract.

B. Trench Safety Act: The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of construction of the Project. In compliance with current State of Florida statutes, bids shall include documentation required by the Florida “Trench Safety Act”. The lump sum presented in the Bid shall include the Bidders cost of compliance with the applicable trench safety standards. Bidder shall provide http://www.mlbair.com/

00 21 16 - 6 documentation required by the Florida Trench Safety statute to the Owner, with the Bid form submittal.

C. Unless noted otherwise in this Section, the Proposer shall be a Division I General

Contractor, as defined by Florida Statutes CH-489 entitled "Contracting". All Subcontractors performing under this Contract for which statewide licensing is provided under Chapter 489 Florida Statutes shall be a Division II Contractor as defined by Florida Statutes CH-489 entitled "Contracting". All other subcontractors shall carry all required local licensing. Any and all Certified or Registered Contractors meeting the Division I requirements for the State of Florida shall be considered a qualified Bidder regardless of geographical location. A copy of the Bidder's license or certificate shall be attached to the bid proposal.

D. In either case, the Bidder shall be required to subcontract the utilities, electrical, mechanical, plumbing, roofing, sheet metal and air conditioning work unless the Proposer holds a State of Florida Certificate of Competency or a Florida County/municipality Registration for those specialties.

E. All subcontractors shall be certified in the State of Florida or registered in a Florida

County/Municipality and shall hold an Occupational License in the Municipality in which they are based.

2.09 EXAMINATION OF SITE AND CONTRACT DOCUMENTS

The Bidder shall be familiar with the scope of work and all local conditions that affect the work to be completed and the equipment, materials and labor required to perform this work. The Bidder shall examine and successfully complete the Contract Documents and application for the Public Construction Bond. The Bidder shall be familiar with all conditions and requirements that may adversely affect the work to be performed under this Contract.

A Mandatory Pre-Bid Conference will be held in the Melbourne Airport Authority Board Room, One Air Terminal Parkway, Suite 220, Melbourne, Florida 32901 on Monday, September 21, 2026 at 11:00 AM EDT, at which time a site visit will follow. THIS WILL BE THE ONLY SITE VISIT FOR THIS PROJECT. The site is in a secure area of the Airport requiring escort. A government issued ID will be required to visit the site following the pre-bid conference.

2.10 POSTPONEMENT OF DATE FOR SUBMITTING PROPOSAL

The Owner reserves the right to extend the date for receipt of Bids and will give five (5) calendar days’ notice of any such postponement to each Prospective Bidder.

2.11 RIGHT TO REJECT PROPOSALS

The Owner reserves the right to reject any and all bids; with or without cause, and to waive technical errors and informalities, and to accept the bid, which in its judgement, best serves the Owner.

2.12 EXCEPTIONS

Any deviations to these instructions or specifications must be requested during the Question and Answers period for consideration. Approved deviations or alternatives will be

00 21 16 - 7 published via addenda. Failure to note said exemptions shall be interpreted to convey that Bidder shall propose to perform in the manner described and/or specified. The Authority reserves the right to accept or reject any expectations based on the best interest of the Authority

2.13 AWARD OF CONTRACT

The Authority reserves the right to waive any minor informalities or irregularities in bids and/or agreements in its best interest.

The Authority reserves the right to award an agreement on the basis of individual scope of service elements, groups of elements or all elements to a single Bidder, or combination of Bidders, or none. Taking into consideration the specified evaluation criteria, the Authority will select the Bidder whose bid is most advantageous to the Authority.

Any additional contract/agreement documents conjoined as part of this ITB for final award consideration are subject to approval by The Authority’s legal counsel and may require approval of the Authority’s Board prior to execution.

Unless specifically stated herein, if any conflicts or inconsistencies exist between terms set forth in this ITB, the awarded Bidder’s bid, and any additional contract/agreement submitted by the awarded Bidder, the language in this ITB document shall take precedence.

Bid awards are subject to the Conflict of Interest provisions of Chapter 112, Florida Statutes

The award of the Contract, if awarded, will be to the lowest sum of all base bid items, and those additive alternate bid items selected by the Owner, by a responsible Bidder whose qualifications will be in the best interest of the Owner and whose proposal shall comply with the requirements of the Contract Documents and does not exceed the funds available. Time is of the essence for completion of this. Project must commence within 30 days of award. The Contract shall not be awarded until all pertinent investigations are made with respect to the capabilities of the low bidder. The Owner shall be satisfied that the bidder is qualified to complete the Contract and has the required organization, finances, manpower and equipment to perform the Contract obligations within the timelines specified.

2.14 RETURN OF BID GUARANTEE

After the proposals have been compared, the Owner, utilizing his discretion, may return the guarantee deposit (Bid Bond) accompanying such proposals to Bidders not considered for the Contract award. The remaining bid guarantees will be held until the Contract and bonds have been executed; after which, the bid guarantees will be returned to the respective bidder. The Owner reserves the right to hold all proposals and bid guarantees for a period not to exceed 90 days after the date of bid opening.

2.15 FAILURE TO EXECUTE THE CONTRACT

The failure of the successful bidder to execute the Contract as required by the proposal is just cause for the annulment of the award. The amount of guarantee deposited with the proposal, either in the form of a certified or cashier's check or a bid bond, will be retained or be paid upon demand to the Owner, not as a forfeiture, but rather will be for liquidated

00 21 16 - 8 damages, for the breach of the Contract. This being agreed to by each bidder, in advance, that the Owner sustains damages by reason of the failure of the Bidder to execute the Contract. Such damages are equal to the amount of the guarantee deposit, or exceed the same, and in no event shall the Bidder thereafter be permitted to legally contest to the contrary and waives such rights upon executing the proposal.

2.16 INTERPRETATIONS AND CLARIFICATIONS OF THE CONTRACT DOCUMENTS

All questions about the meaning or intent of the Contract Documents shall be submitted in writing to Owner, using the Contractor Inquiry Form in the following section. Replies will be issued by Addenda to all parties recorded as having received the Bidding Documents.

Questions received less than seven (7) days prior to the date for opening of Bids will not be answered. Only questions and answers added by formal written Addenda will be binding to the Contract. Verbal and other interpretations or clarifications will be without legal effect to the Contract.

2.17 SECURITY FOR FAITHFUL PERFORMANCE

Prior to executing the agreement, the apparent low Bidder shall furnish a Public

Construction Bond in the full amount of the Contract as security for faithful performance of the Contract and furnishing materials in conjunction with this Contract as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner and licensed to do business in the State of Florida. Attorneys-in-fact, who sign bid bonds or contract bonds, must file with each bond a certified and effectively dated copy of their power of attorney, indicating the monetary limit of such power.

2.18 INSURANCE

Prior to executing the agreement, the apparent low bidder shall furnish the Owner evidence of insurance coverages defined in the General Conditions.

2.19 CONTRACT TIME

The Bidder accepts the schedule and liquidated damages clauses defined in the bid documents and Contract.

2.20 OWNER OPTION TO ELECT ALTERNATIVE

For Proposals containing additive alternate bid items, the Owner reserves the option to include any or all of the additive bid items in the Scope of the Work and Contract as stipulated herein. The bids for additive alternate items shall remain valid for sixty (60) days following the date of executing the Contract. Contract time and completion dates may be renegotiated if the Owner elects additive alternate items to be included in the Contract after execution of the Contract.

2.21 SUBCONTRACTOR LIST:

A. Before the Owner executes the Contract, the successful Bidder shall submit a list of names and addresses of his Subcontractors and material suppliers proposed for the principal portions of the work.

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B. Prior to executing the Contract, the Owner will notify the Bidder in writing the Owner has an objection to any person or entity listed. Upon such reasonable objection, the Bidder shall propose an acceptable substitute person or entity in accordance with the General Conditions.

2.22 SOIL INVESTIGATION:

N/A

2.23 PERMITS

The City of Melbourne Building Department will issue a Construction Permit for the project which must be applied for by the selected Firm. The Melbourne Airport Authority will cover the cost for the Permit. Permits apply to this project and must be strictly complied with during the contractor's performance of the work. As in all construction, a contractor must adhere to EPA guidelines mandated to the State of Florida for NPDES General Permit relative to Stormwater Management and file the required certifications.

2.24 E-VERIFY

All Bidders shall be advised that upon subsequent execution of the Contract, the Melbourne

Airport Authority (MAA) shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing the use of the system, to confirm the employment eligibility of all persons, including subcontractors, assigned by the MAA to perform work pursuant to the Contract between MAA and the selected Bidder.

2.25 LICENSE AND CERTIFICATION

Bidder must be licensed or incorporated to do business in the State of Florida.

Bidder shall possess all applicable license and/or certifications to perform type of service as described in this ITB prior to submitting a bid.

2.26 EEO STATEMENT

Proposers must ensure that employees and applicants for employment are not discriminated against for reasons of race, color, age, religion, sex, national origin, or handicapped status. Minority and female-owned businesses are encouraged to participate.

The Authority is an Equal Opportunity/Veterans’ Preference employer.

2.27 DISADVANTAGED BUSINESS ENTERPRISES

Disadvantaged Business Enterprises (DBEs) are encouraged to respond to this solicitation.

The goal is to provide a good faith effort for DBE participation.

2.28 AMERICANS WITH DISABILITIES ACT (ADA)

Bidders are to be knowledgeable and comply with the requirements of the ADA.

2.29 COMPLIANCE WITH APPLICABLE LAW

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Federal, state, county, and local laws, ordinances, rules, and regulations that in any manner affect the item(s) covered herein apply. Lack of knowledge by Bidder shall in no way be cause for relief from responsibility

2.30 LIABILITY

The awarded Bidder shall hold and save the City of Melbourne Airport Authority, its officers, agents, and employees harmless from liability of any kind in the performance of or fulfilling the requirements of a purchase order that may result from the proposal.

2.31 FEDERAL AND STATE GRANT

All Proposers are advised that this project is partially funded by a grant issued by the Florida

Department of Commerce (FDOC) and as such, all grant requirements for FDOCT funded projects must be met.

2.32 TEXTING AND DRIVING

The Proposer must promote policies and initiatives for employees and other work personnel that decrease crashes by distracted drivers, including policies to ban text messaging while driving.

2.33 DRUG-FREE WORKPLACE CERTIFICATION (Identical Tie Proposals)

In accordance with Section 287.087, Florida Statutes, preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.

Established procedures for processing tie proposals will be followed if none of the tied vendors has a drug-free workplace program. In order to have a drug-free program, a business shall:

(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Subsection 1.

(4) In the statement specified in Subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace.

(5) Impose a sanction on or require the satisfactory participation in a drug abuse

00 21 16 - 11 assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

2.34 BID AWARD

The contract may be awarded either to the lowest responsive, responsible bidder. In determining these factors the Authority may consider:

a. The purchase price;

b. The reputation of the bidder and of the bidder’s goods or services;

c. The quality of the bidder’s goods or services;

d. The extent to which the goods or services meet the Authority’s needs;

e. The bidder’s past relationship with the Authority;

f. The total long-term cost to the Authority to acquire goods or services; and

g. Any relevant criteria specifically listed in the Invitation to Bid.

2.35 BID/PROPOSAL TIE

In the event of a tie score, award preference shall be given in the following order:

Bidder has a drug free workplace program in conformance with Florida Statute

Chapter 287.087

Local Bidder’s office is located within the incorporated limits of the City of Melbourne.

Bidder’s business office is located within Brevard County.

The Authority determines in its sole discretion that it is no longer economically viable and/or advantageous to proceed with procurement of the services as described on this ITB

2.36 REJECTION OF BIDS/PROPOSALS

The Authority reserves the right to reject any and all bids received, or any part thereof. Bids may be rejected for any of, but not limited to, the following causes:

ITB lacks signature by an authorized representative of the Bidder Evidence of collusion among Bidders exist Evidence submitted by Bidder leads the Authority to believe that the Bidder will be unable to carry out the obligations of the agreement and complete the work described.

The Authority investigation determined that Bidder is not qualified to meet the obligations of the agreement and complete the work described.

Cost of service exceeds budgetary constraint.

2.37 PROPOSAL NEGOTIATIONS

The Authority may attempt to negotiate with the Bidder recommended for award prior to award by the Authority’s Board.

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If the Authority is unable to negotiate a satisfactory contract with the recommended Bidder, the Authority shall, formally and in writing, end negotiations with that Bidder and proceed to negotiate with the next Bidder in the order of the selection ranking until a successful contract agreement is reached or negotiations with all ranked Bidders end.

At its sole discretion, the Authority reserves the right to award an agreement without negotiation based upon written bids.

The Authority reserves the right to accept any bid, which it deems most favorable to the Authority and to reject any or all bids or any portion of any bid submitted, which is not in the Authority’s best interest.

2.38 FORCE MAJEURE

Neither party shall be liable for failure or delay in performance under any agreement anticipated by this order in whole or in part to an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any government, unforeseen shortages or unavailability of fuel, power, transportation, raw materials or supplies, inability to obtain or delay in obtaining governmental approvals, permits, licenses or allocations, and any other causes which are not within such party’s reasonable control, whether or not the kind is specifically enumerated above. During any period of Bidder’s inability to perform, the Authority may acquire from others said goods or services without incurring liability to Bidder.

2.39 BIDDER PROTEST

Any actual or prospective bidder or Bidder, aggrieved in connection with a solicitation or award of a bid or contract may protest to the Director of Finance and Administration in accordance with established procedures in the Authority’s Purchasing Manual.

Right to Protest Any actual or prospective bidder or proposer, aggrieved in connection with a solicitation or award of a bid or contract may protest to the Purchasing Manager in accordance with established procedures in the Purchasing Manual.

Remedy The Procurement Manager is authorized to settle any protest regarding the solicitation or award of an Authority contract, any claim arising out of the performance of an Authority contract prior to an appeal to the Executive Director or their designee or MAA Board, or the commencement of an action in a court of competent jurisdiction.

Stay of Procurement In the event of a timely and properly filed protest, the Procurement Manager shall not proceed further with award until all administrative remedies have been exhausted, or until the Executive Director or their designee or MAA Board, as appropriate, makes a determination on the record that the award of a contract is necessary to protect substantial interests of the Authority.

A. Definitions

Interested Party:

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A party that is an actual or prospective bidder or proposer; whose direct economic interest would be affected by the award or failure to award the third-party contract at issue. Note: A subcontractor does not qualify as an “interested party”.

Protest:

A formal declaration of disapproval or objection issued by a concerned person, group, or organization that arises following the procurement process, during the period of intended award. A protest is a potential bidder’s or contractor’s request for remedy for correcting a perceived wrong in the procurement process.

Protestor:

A person, group, or organization that files a formal declaration of disapproval or objection. A protestor must qualify as an “interested party”.

B. Protest Definition

A protest is defined as meeting the criteria a written complaint, following published intended award and is received after receipt of bids or proposals, but prior to award of a contract.

C. Protest of Award Recommendation Procedures and Protest Period (After Bid

Opening/Proposal Evaluation)

Any protest after the bid opening/proposal evaluation, including challenges to actions of any evaluation of selection committee, shall be submitted in writing to the Procurement Manager or designee.

This written notice of intent to submit a protest must be received by the Procurement Manager or designee no later than 4:00 pm, EST, on the third business day (excluding weekends and holidays) following the day of the protestor’s receipt of the Authority’s notice of award recommendation. This timeframe is referred to as the Protest Period.

The Notice of Intent to File a protest document shall state all grounds claimed for the protest and clearly indicate, in their document, that they are filing a formal written protest.

This shall include the following:

a. Authority bid/proposal identification number and title;

b. Name and address of the affected party and the title or position of the person submitting the protest;

c. A statement of all claimed disputed issues of material fact. If there are no disputed facts, the formal protest must so indicate;

d. A concise statement of the facts alleged and the rules, regulations, statutes, or constitutional provisions which entitle the affected party to relief;

e. All information, documents, other materials, calculations, and any statutory or case law authority in support of the grounds for the protest;

f. A statement indicating the relief sought by the affected protesting party;

g. Any other relevant information the affected party deems material to the protest.

PART 3 - SCOPE OF WORK

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# 2197566 v1

A. The Project includes, but is not limited to, labor, materials, supplies, equipment, shop drawings and incidentals necessary to complete the EMBRAER WAREHOUSE SITE PREPARATION including, but not limited to demolition, sitework, earthwork, fencing, and survey. Provide all supervision of the work, scheduling, safety, security, permitting, subcontractor coordination, document control of all submittals, RFI's, ASI's, etc., coordination of inspections, commissioning, training, and project close-out., located at One Air Terminal Parkway in Melbourne, Florida. Project is located in Section 33, Township 27S, Range 37E.

B. Budgeted funds for this project include: $700,000.00 U.S. Dollars. It is anticipated that the final project costs based on the criteria identified will not exceed this amount.

C. Schedule for the Project will be determined by the proposing firm but is anticipated to take 100 calendar days for permitting, and construction completion. Liquidated Damages will be assessed for non-compliance with the project Schedule.

Liquidated damages will be $1,000.00 per day.

D. Provide a construction layout plan for the execution of the work.

END OF SECTION

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BID

This is a bid by:

(Bidder’s Name) to furnish all materials, equipment and labor and to perform all Work in accordance with the Contract Documents for:

General Aviation Drive for Melbourne Airport Authority Melbourne, Florida.

To: Mailing/Shipping Address:

Sandra Acevedo, Executive Assistant Melbourne Airport Authority One Terminal Parkway, Suite 220

Melbourne, Florida 32901

To whom it may concern:

The undersigned Bidder/Proposer has carefully examined all Contract Documents and the site of the proposed Work and is familiar with the nature and extent of the Work and any and all local conditions that may in any manner adversely affect the Work to be done.

The undersigned agrees to provide all the Work and furnish all labor, materials, equipment and necessary items required by the Contract Documents, in the manner prescribed therein and to the standards of quality and performance established by the Contract Documents for the lump sum price or the unit prices stated in the spaces herein provided, for each of the items or combination of items stipulated. It is understood that any quantities shown in this form are approximate only, subject to increase or decrease.

The Bid/Proposal contained herein includes all sales tax, bond, and fees on all items in accordance with the General Conditions.

Accompanying this Bid/Proposal is a certified or cashier's check or a Bid Bond in the amount of $ (not less than 5% of the bid) made payable to the Melbourne Airport Authority which is to be forfeited as liquidated damages, if, in the event this Bid is accepted, and the undersigned fails to execute the agreement and furnish and pay for satisfactory Public Construction Bond under the conditions and within the time specified in the Bid Documents; otherwise said certified or cashier's check or Bid Bond is to be returned to the undersigned. The physical address for the project is Melbourne Orlando International Airport, One Air Terminal Parkway, Melbourne, Florida 32901. The project is located in Section 33, Township 27S, Range 37E.

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The undersigned agrees that within 5 days from the date of acceptance of this Bid, to execute the agreement and furnish the Owner satisfactory Public Construction Bond, in the full amount of the Contract Price, guaranteeing the faithful performance of the Work and payment of bills.

Prior to executing the Contract, the Bidder/Proposer selected as the lowest qualified bidder shall provide the following:

1. Public Construction Bond as indicated above.

2. A list of all the Subcontractors and a copy of their licenses.

3. Certificates of Insurance as described herein for the Contractor and the

Subcontractors.

The Work shall be Substantially Complete and completed and ready for Final Payment on or before the dates stated:

Work Substantially Complete Final Payment Base Bid + Alternates 100 Days from NTP 30 days from Final (If any) Certification of Completion

Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Contract and that Owner will suffer financial loss if the Work is not completed within the times specified in paragraph above plus change of contract times thereof allowed in accordance with the General Conditions. The Parties also recognize the delays, expense and difficulties involved in proving, in a legal proceeding, the actual loss suffered by Owner if Work is not completed as stated. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as Liquidated Damages for delay (but not as a penalty) Contractor shall pay Owner $1,000 for each calendar day that expires after the substantial completion date stated above until thirty (30) days after the substantial completion date when the damages will increase to $1,500 for each calendar day thereafter that the work is not substantially complete.

Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty

(60) calendar days after the scheduled closing time for receiving bids. If by December 3, 2026, the Notice to Proceed is not given due to delays caused by the Owner, then the above completion dates shall be extended an amount of time equal to the delay between December 3, 2026, and the Notice-to-Proceed at no additional cost to the Owner. Bidder agrees that completion dates shall not be extended for delays in giving the Notice to Proceed caused by the Bidder. Bidder agrees to expedite the delivery of and properly complete the data and forms above to assist in prompt delivery of a Notice to Proceed by Owner.

Bidder agrees to schedule his work to not interfere with Airport Operations or adjacent construction. Bidder agrees that Airport Operations or adjacent construction activities will not be a basis for work delays, damages, or change orders.

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PROPOSAL BID FORM

(Page 1 of 4)

Notes: All blank spaces shall be filled out correctly. This form is to be submitted in duplicate.

I. Contractor Information

Proposal of

(Bidder’s Name)

(Bidder’s Address)

(Bidder’s Point of Contact, Phone Number and Email Address) existing under the laws of the State of _, doing business as a

* to furnish all materials, equipment and labor and to perform all Work in accordance with the Contract Documents for:

Names and business addresses of individuals, partners, firm members, or corporate officers:

Individual/President Partner/Secretary Name: Name:

Address: Address:

Partner/Treasurer Partner Name: Name:

Address: Address:

Note: Anyone signing the proposal, as an Agent, shall include with the proposal legal evidence of his or her authority to do so.

* Individual, partnership, or corporation

II. This is to certify that the undersigned Proposer will comply with all safety laws;

including the Trench Safety Act of the State of Florida and that the cost of compliance is as follows:

Lineal feet of trench_________@_______$/FT = $________Total Shoring square feet_________@_______$/SQFT = $________Total

The above costs are not to be considered as a bid item; rather they are included in the lump sum bid price(s) of the Contract. (Please NOTE: the prices above are not to be stated as the TOTAL cost of trenching, but rather it is the cost of compliance with the Trench Safety Act of the State of Florida.)

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PROPOSAL BID FORM

(Page 2 of 4)

III. Owner Direct Purchase Orders

THE BID INCLUDES ALL MATERIALS, EQUIPMENT, CONTINGENCY FUND AND

LABOR TO PERFORM ALL WORK IN ACCORDANCE WITH THE REQUEST (RFB)

DOCUMENTS INCLUDING SALES TAX AND BOND FOR A LUMP SUM BID PRICE.

Per the General Conditions, certain materials may be paid for by the Airport Authority and will be subtracted from the Contract Amount by deductive Change Orders.

IV. Lump Sum Price Base Bid

DESCRIPTION

TOTAL

TOTAL CONTRACT - BASE BID

________________________________________________ Dollars

The above total includes the cost of complying with all safety laws as identified in Paragraph II of this proposal.

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(Page 3 of 4)

V. Alternate Bid Items (If Any)

ITEM

UNIT

NO SPEC DESCRIPTION

QUANTITY UNITS PRICE TOTAL

ALTERNATE NO. 01

TOTAL - ALTERNATE NO. 01

________________________________________________ Dollars

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(Page 4 of 4)

VI. Addenda

Bidder acknowledges receipt of addenda No’s_________________.

VII. Proposed By and Attested To By

This day of , 2026.

Bidder Address:

CORP

SEAL By:

Title

Attested to by

Secretary

IX. Required Attachments

1. Bid Bond

2. Proposal Bid Form (P-1 through P-4)

3. Proof of Agent’s Authority

4. Non-Collusion (00 45 19)

5. Tax Delinquency Felony Convictions (00 45 51)

6. Public Entity Crimes (00 45 53)

7. Debarment (00 45 56)

8. Conflict of Interest (00 45 59)

9. Certificate of Current Capacity (00 45 63)

10. WOTC WTW (00 45 73)

11. E-Verify Certificate (00 45 83)

12. Buy American Certificate (00 62 33)

13. Copy of Bidder’s Contractor License

14. List of Subcontractors

15. Additional Principals not listed in Section I

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NON-COLLUSION CLAUSE

By signing this offer, the Bidder certifies that this offer is made independently and free from collusion. Bidder shall disclose below, to the best of his or her knowledge, any Melbourne Airport Authority officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1), Florida Statutes, who is an officer or director, of, or has a material interest in the Proposer's business and who is in a position to influence this procurement. Any Melbourne Airport Authority officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if he or she directly or indirectly owns more than 5 percent of the total assets or capital stock of any business entity, or if he or she otherwise stands to personally gain if the contract is awarded to this Bidder.

Failure of a Bidder to disclose any relationship described herein shall be reason for disqualification and/or termination in accordance with the provisions of the Melbourne Airport Authority.

NAME RELATIONSHIPS

If the Bidder does not indicate any relationship by leaving the above section blank, it shall be deemed to be an affirmation by the Bidder that no such relationship exists.

SIGNATURE COMPANY…