Seminole_County_Generator_Replacement_Project_(Addendum_#1_Revision).pdf

CC-CC-5227-23/MAG

SEMINOLE COUNTY GENERATOR

REPLACEMENT PROJECT

1301 East Second St.

Sanford, FL 32771

RELEASE DATE: August 2, 2023

DEADLINE FOR QUESTIONS: August 14, 2023

RESPONSE DEADLINE: August 23, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Seminole County

Seminole County Generator Replacement Project

TABLE OF CONTENTS

I. ADVERTISEMENT

II. INSTRUCTIONS TO BIDDERS

III. BID FORMS

IV. BID PRICE

V. DRAFT AGREEMENT

VI. PROVISIONS FOR CONTRACTOR'S INSURANCE

VII. GENERAL CONDITIONS

VIII. SUPPLEMENTARY CONDITIONS

IX. TECHNICAL SPECIFICATIONS

Attachments:

A - Notice of No-Bid (turn in if company is not bidding)

B - Contract Documents (after notice of award is issued)

D - Draft Contract - Standard Construction under $500,000 (No Engineer)

F - CC-5227-23 Scope of Services

G - Generator Specifications

Title: Seminole County Generator Replacement Project

1. ADVERTISEMENT

1.1. Summary

Seminole County Board of County Commissioners

Invitation for Bid

Project: CC-5227-23/MAG – Seminole County Generator Replacement Project

Scope of Work: Seminole County BOCC is seeking a qualified, State Licensed Electrical

Contractor to provide a turnkey service for the purpose of replacing multiple generators, disconnect switches, and automatic transfer switches at six (6) separate locations throughout

Seminole County, FL. Awarded Contractor will be responsible for all responsibilities listed within the Scope of Services and Solicitation Package; to include but not limited to the obtaining of any signed and sealed drawings required to secure a building permit, electrical permit, fire permit and any other related regulatory requirements.

Project Estimate: 116,316.00

Project Completion Timeline: Each generator's start-up to be completed by the specified date within the Scope of Services. (90) Calendar Days to Substantial Completion from the issuance of the Notice To Proceed (NTP), (30) calendar days to Final Completion. Total Project Time:

(120) Calendar Days

*All necessary permits to be obtained by the Awarded Contractor. It shall be the sole responsibility of the Awarded Contractor to prepare signed/sealed drawings as required to obtain all necessary permits. Please see the Scope of Services for additional information.*

Ordering Instructions: Bid documents are available on the Seminole County Website https://secure.procurenow.com/portal/seminolefl

• Scroll and Click on Search Solicitations

• View all current (active) solicitations

M/WBEs are encouraged to participate in the process.

NOTE: ALL PROSPECTIVE BIDDERS ARE HEREBY CAUTIONED NOT TO CONTACT ANY

MEMBER OF THE SEMINOLE COUNTY STAFF OR OFFICIALS OTHER THAN THE

SPECIFIED CONTACT PERSON.

1.2. Contact Information

Michael Guild Senior Procurement Analyst Email: mguild@seminolecountyfl.gov Phone: (407) 665-7122

Department:

Resource Management - Purchasing & Contracts https://secure.procurenow.com/portal/seminolefl mailto:mguild@seminolecountyfl.gov tel:(407)665-7122

1.3. Timeline

Release Project Date August 2, 2023

Pre-Proposal Meeting (Mandatory) August 9, 2023, 8:30am

Agenda

(6) Generator Locations will be visited by all attendees In the Following Order until completed:

1. Fire Station #42, 320 W, 320 FL-46, Geneva, FL 32732 – Beginning at 8:30AM until completion

2. Fire Station #27, 5280 Red Bug Lake Road, Winter Springs, FL 32708

3. Fire Station #36, 6200 W. Lake Mary Blvd, Lake Mary, FL 32746

4. Juvenile Assessment Center, 190 Eslinger

Way, Sanford, FL 32773 (5 Points)

5. Facilities Management, 205 W. County

Home Road, Sanford, FL 32773 (5 Points)

6. PW Admin Building, 200 County Home

Road, Sanford, FL 32773 (5 Points)

*Please familiarize yourself with the Scope of

Services before Attending.*

Question Submission Deadline August 14, 2023, 5:00pm

Proposal Submission Deadline August 23, 2023, 2:00pm Conducted via ZOOM:

https://us06web.zoom.us/j/84499184101?pwd=

UVhDbk9IS3lnZkZUMW9WV01vWlp3UT09 https://government-project.s3.amazonaws.com/55244/8ed6429b-349f-4e74-97e7-0a090ad31215_CC-5227-23_Pre-Bid_Agenda.pdf https://us06web.zoom.us/j/84499184101?pwd=UVhDbk9IS3lnZkZUMW9WV01vWlp3UT09 https://us06web.zoom.us/j/84499184101?pwd=UVhDbk9IS3lnZkZUMW9WV01vWlp3UT09

2. INSTRUCTIONS TO BIDDERS

2.1. DEFINED TERMS

Terms used in these "INSTRUCTIONS TO BIDDERS" which are defined in the General

Conditions have the meanings assigned to them in the General Conditions.

2.2. COPIES OF BIDDING DOCUMENTS

A. Complete sets of the Bidding Documents may be obtained from the COUNTY's website at https://secure.procurenow.com/portal/seminolefl.

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

2.3. QUALIFICATION OF BIDDERS

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, following receipt of written request by COUNTY, information including but not limited to financial data, additional previous experience, references and evidence of authority to conduct business in the State of Florida. This information must be received by COUNTY within five (5) Days of

Bidder receiving the written request. Submittals requested pursuant to this subsection are in addition to those required elsewhere in these documents.

2.4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Before submitting a Bid, each Bidder must: (a) examine the Contract Documents thoroughly; (b) visit the site to gain familiarization with local conditions that may in any manner affect cost, progress or performance of the Work including, but not limited to, weather and climatological data relating to the Seminole County area; (c) gain familiarization with federal, state and local laws, ordinance, rules, regulations and policies that may in any manner affect cost, progress or performance of the Work; (d) study and carefully correlate Bidder's observations with the Contract Documents; (e) make written requests for interpretations promptly after discovering any conflicts, errors, ambiguities or inconsistencies; and (f) contact all utilities and others who may be working at the Project site, including COUNTY owned utilities, prior to submitting a Bid in order to determine the extent to which utility installations, utility relocations or adjustments

(temporary and permanent) will impact the CONTRACTOR's responsibility to schedule, coordinate and sequence the CONTRACTOR's Work with the work of the COUNTY, utility work, and the work of others at the Project site.

B. Reports of investigations and tests of subsurface and physical conditions at the site affecting cost, progress or performance of the Work which have been relied upon by

ENGINEER OF RECORD in preparing the Plans and Specifications should be examined by the Bidder. COUNTY shall provide such reports, if available, to any Bidder requesting them. These reports are not guaranteed as to accuracy or completeness. If this information is used by Bidder in preparing a bid, Bidder shall assume all risks resulting from actual conditions differing from the conditions set out in the reports.

C. When a log of test borings showing a record of the data obtained by the investigation of subsurface conditions by the COUNTY, the ENGINEER OF RECORD or their

Consultants, is included with the Plans or other documents, it is expressly understood and agreed that said log of test borings represents only the opinion of the COUNTY, or the ENGINEER OF RECORD or their Consultants as to the character of the materials encountered by them in the test borings. The log is included in the Plans or other documents only for the convenience of Bidders, and its use is subject to all of the conditions and limitations set forth in this Section.

D. Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any additional investigations, examinations, explorations and tests and obtain any additional information which pertain to the physical conditions (surface, subsurface and

Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress or performance of the Work and which Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. The Bidder acknowledges that the Project and the CONTRACTOR's Work may involve significant utility installations and that utility relocation (temporary and permanent) may be significant and cause delays. Some utility facilities may need to be relocated and adjusted concurrently with the CONTRACTOR's

Work, while some Work may be required above, adjacent to, and around utility facilities that are in-use and will remain in place.

E. On request, COUNTY will attempt to provide each Bidder reasonable access to the site to conduct such investigations and tests as Bidder deems necessary for submission of

Bid. If access is provided, Bidder shall restore site to condition existing prior to conducting the investigations and tests.

F. The lands upon which the Work is to be performed, Rights-of-Way for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of Materials and Equipment are to be provided by CONTRACTOR.

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

Bidder has complied with every requirement of this Section and that the Contract

Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work and that Bidder will make no claim arising from failure to comply with these Sections.

H. The submission of the Bid shall be an indication that the Bidder has considered normal local weather conditions (daily and monthly variations) for the previous ten (10) years from the date of the Bid as compiled by the National Weather Service and measured at

Orlando International Airport. Bidder should consider and include the impact of weather conditions, including the possibility of hurricanes and tropical storms and related adverse weather conditions common to Central Florida, on construction scheduling and sequencing when preparing the Bid. No claim shall be allowed based upon the schedule impact of normal local weather conditions.

2.5. INTERPRETATIONS

All questions about the meaning or intent of the Bid Documents shall be submitted to the attention of the Procurement Analyst identified in the Invitation for Bid advertisement as the contact person for this project. Bidders are required to advise the COUNTY, in writing via the

Q&A tab on the COUNTY's websitehttps://secure.procurenow.com/portal/seminolefl, of any conflicts in the Bid Documents or any discrepancies between conditions noted at the Project site and those shown on the Plans or described in the Specifications. Should revisions to the Bid documents become necessary, the COUNTY will post Addenda information on the COUNTY's

Website, https://secure.procurenow.com/portal/seminolefl. Bidders should check the COUNTY's

Website or contact the Purchasing and Contracts Division Contact Person to verify information regarding Addenda. Failure to do so could result in rejection of the proposal as unresponsive.

No Addenda shall be issued less than seven (7) calendar days prior to the bid opening, unless otherwise specified by the Seminole County Purchasing and Contracts Division.

Bidder shall acknowledge receipt of any and all addenda with their Bid. It is the sole responsibility of the Bidder to ensure the latest information related to Addenda and the project is obtained.

Only interpretation, clarification, or correction given by the Purchasing and Contracts Division, in writing, shall be binding and prospective Bidders are advised that no other source is authorized to give information concerning, or to explain or interpret the Bidding Documents. Questions will not be accepted during the last ten (10) days prior to bid date, unless otherwise specified by the

Seminole County Purchasing and Contracts Division.

2.6. PURCHASING CODE

Seminole County Code Chapter 220 (Purchasing Code), Administrative Code Section 3.55

(Purchasing Policy), and County Manager Policies apply to this Bid in their entirety.

2.7. PURPOSE

Bidders acknowledge that the purpose of the Bidding Documents and Chapter 220, Seminole

County Purchasing Code is to provide for the fair and equitable treatment of all Bidders involved in COUNTY Bid solicitations, to maximize the purchasing value of COUNTY funds, and to provide safeguards for maintaining a Bid procedure of quality and integrity.

2.8. CONSTRUCTION

The Bidding Documents shall be liberally construed to assure protections and benefits to the public. The Bidding Documents are intended to assure Bidders fair and equitable treatment;

however, the Bidding Documents shall not be construed to create property interests benefiting

Bidders as a result of the procedural safeguards established to benefit the public.

2.9. BID PROTESTS

Bid protests shall be resolved in accordance with the Seminole County Code which can be found in www.seminolecountyfl.gov/purchasing.

2.10. LIMITATION ON DAMAGES

Bidders submitting Bids agree that any actual or prospective Bidder who is aggrieved in connection with the Bid solicitation, proposed award or award of an Agreement is limited to actual Bid preparation costs related to the specific Bid solicitation. Bidders agree that Bid preparation costs shall be computed based on actual cost and pricing data. Bidders agree that

Bid preparation costs may not be proven by use of any formula based calculations.

2.11. BID SECURITY

A. Bid Security shall be made payable to COUNTY, in an amount of five percent (5%) of the Bidder's Total Bid and in the form of a certified or cashier's check, or a Bid Bond issued by a Surety meeting the requirements of these Bid Documents.

B. The Bid Security of the selected Bidder will be retained until such Bidder has executed the Agreement, furnished the required Bonds and the Insurance Certificates and

Endorsements, in accordance with the COUNTY requirements. If the selected Bidder fails to execute and deliver the Agreement or furnish the required Contract documents, within the allotted time, COUNTY may annul the Notice of Award and the Bid Security of that Bidder may be forfeited. The Bid Security of all other Bidders will be returned to them immediately after the execution of the Agreement by the awarded Contractor.

C. Bid Security is submitted with the understanding that it shall guarantee that the Bidder will not withdraw its Bid for a period of at least ninety (90) days after the closing time for receipt of Bids. By mutual agreement of the COUNTY and an Apparent Low Bidder, the

Bid acceptance period may be extended for a period longer than ninety (90) days.

D. All Bonds shall be in accordance with statutory bond provisions in Florida Statutes and all other applicable Laws and Regulations. All Bonds shall be executed by such Sureties as are licensed to conduct business in the State of Florida and, except as otherwise provided by Laws and Regulations, are named in the current list of "Companies Holding

Certificates of authority as Acceptable Sureties on Federal Bonds or as Acceptable

Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff

Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of its authority to act.

2.12. SUBSTITUTE MATERIAL AND EQUIPMENT

The Agreement, if awarded, will be on the basis of the Work described in the Plans and specified in the Specifications without consideration of possible substitute or "or-equal" items, unless approved, in writing, by the County.

http://www.seminolecountyfl.gov/purchasing

2.13. BID FORM

A. Bid Forms are included in the section, #BID FORM. Bid Forms must be completed in ink or typewritten. The Total Bid price must be entered into the #BID PRICE section.

B. Bids by corporations must be executed in the corporate name by the president, vice-president, or other appropriate corporate officer and attested by another corporate officer. Bids by partnerships must be executed in the partnership name and signed by an authorized partner whose title must appear under the signature or all partners. Bids executed by authorized partners must be accompanied by evidence of authorization.

Bids by joint ventures must be executed by each ownership interest in the joint venture.

C. Bidder must acknowledge receipt of Addenda on the Bid Form.

2.14. SUBMISSION OF BIDS

Bids shall be submitted electronically via the COUNTY’S website using the Bid Forms provided in the #BID FORM and #BID PRICE sections unless otherwise instructed by the Purchasing and

Contracts Division. Bids shall be submitted electronically at or before the time indicated in the

Advertisement or the INVITATION FOR BID. Bids submitted in any other format other than via the COUNTY’S website, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will not be accepted, nor considered for award.

The COUNTY will not be responsible for late bid submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like, neither the COUNTY, nor the Software Administrator, will be held responsible. Bidders shall be solely responsible for ensuring the capability of their computer system while responding to this IFB, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the Bidder is using to submit a response. Failure of the Bidder to successfully submit an electronic Bid before the deadline indicated herein shall be at the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted Bids. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point, the Bidder will also receive an email confirmation from the COUNTY’S website.

Bids received after the time and date specified in the INVITATION FOR BID will not be accepted.

2.15. MODIFICATION AND WITHDRAWAL OF BIDS

A. Bidders may withdraw their submittal electronically via the COUNTY'S website at any time prior to the scheduled due date and time for submission.

B. If within 24 hours after Bids are opened, any Bidder files a duly signed written notice with

COUNTY, and within 48 hours thereafter demonstrates to the reasonable satisfaction of the COUNTY that: a) there has been a material and substantial mistake in the preparation of the Bid; b) the mistake is of such great consequence that to enforce the

Agreement would be unconscionable; and c) the mistake occurred notwithstanding the https://secure.procurenow.com/portal/seminolefl/projects/55244?section=468066 https://secure.procurenow.com/portal/seminolefl/projects/55244?section=468057 https://secure.procurenow.com/portal/seminolefl/projects/55244?section=468066 https://secure.procurenow.com/portal/seminolefl/projects/55244?section=468057 exercise of reasonable care in the preparation of the Bid; the Bidder may withdraw its

Bid, and the Bid Security will be returned provided that the COUNTY is not seriously prejudiced, except for the loss of its bargain. Bidder shall not be allowed to correct a Bid with a material and substantial mistake. A Bidder withdrawing its Bid under this subsection shall be disqualified from further bidding on the Work. At its sole discretion, the COUNTY may request additional information should the COUNTY deem it necessary.

2.16. OPENING OF BIDS

A. At the specified time and place as indicated in the Advertisement and/or the

"INVITATION FOR BID," Bids will be opened and read publicly.

B. A Bid tabulation with the names of the Bidders and their bid amount will be displayed and made publicly available on the COUNTY'S website within a reasonable time after the opening of Bids.

C. More than one Bid received for the same Work from an individual, firm or partnership, a

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

D. The COUNTY reserves the right to reject any and all Bids and waive any and all irregularities, and the right to disregard any or all nonconforming, unbalanced or conditional Bids or counter proposals. The COUNTY may reject, as non responsive, any or all Bids where Bidders fail to acknowledge receipt of addenda as prescribed. If the

COUNTY elects not to reject a Bid which fails to acknowledge receipt of any addendum, the Bid shall be construed as though the addendum had been received and acknowledged by the Bidder.

E. Discrepancies between words and figures shall be resolved in favor of words.

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

2.17. BIDS TO REMAIN FIRM

A. All Bids shall remain firm for ninety (90) Days after the day of the Bid opening, but

COUNTY may, in its sole discretion, release any Bid and return the Bid Security prior to that date.

B. Extensions of time when Bids shall remain firm beyond the ninety-day period may be made only by mutual agreement between Seminole County, Bidders, and the Surety, if any.

2.18. AWARD OF CONTRACT

A. In reviewing Bids, COUNTY will consider the qualifications of the Bidders, and whether the Bids comply with the established requirements. If the project is to be awarded, it will be awarded to the lowest responsive, responsible Bidder.

B. The Apparent Low Bidder shall submit, upon request of COUNTY, additional documentation evidencing its capability to perform the Work contemplated. This information must be received by COUNTY within five (5) Days of the Apparent Low

Bidder receiving written request.

C. COUNTY may consider the qualifications and experience of Subcontractors and other persons and organizations, including those who are to furnish the principal items of

Material or Equipment, proposed for those portions of the Work. Operating costs, maintenance, considerations, performance data and guarantees of Materials and

Equipment may also be considered by COUNTY. When requested by the County, the list of Subcontractors must be provided by the Contractor within five (5) Days of receiving the request.

D. COUNTY reserves the right to review the Bid of any Bidder who is behind, as determined by the COUNTY, on the completion schedule for any existing contracts with the COUNTY, in litigation with the COUNTY, involved in any dispute resolution procedure with the COUNTY, has previously defaulted on a contract with the COUNTY or has previously failed to satisfy all COUNTY requirements related to life safety including, but not limited to, the maintenance of traffic provisions on existing or previous agreements with the COUNTY as part of the Bidder’s responsibility determination.

E. COUNTY, while reviewing the Bid of the Apparent Low Bidder, may reasonably require other Bidders to submit promptly for COUNTY inspection, information, including, but not limited to, their responsibility, qualifications and financial ability. The acceptance of these submittals shall in no way impose any obligation whatsoever upon COUNTY to award the Agreement to any such Bidders, and all information provided shall be at Bidders' sole expense. The COUNTY shall in no event be obligated to reimburse Bidders for their costs incurred to supply this information to the COUNTY.

F. Any of the following causes may be considered as sufficient grounds for disqualification of a Bidder or the rejection of a Bid:

1. Submission of more than one (1) Bid for the same Work by any entity under the same or different names.

2. Evidence of collusion among Bidders.

3. Submission of an unbalanced Bid in which prices quoted for some items are out of proportion to the prices quoted for other or similar items in the same Bid.

4. Lack of responsibility as shown by past Work from the standpoint of life safety including, but not limited to, strict adherence to all maintenance of traffic requirements of COUNTY, workmanship, progress and financial irresponsibility.

5. Uncompleted Work for which the Apparent Low Bidder is committed by contract which might hinder or prevent the prompt completion of Work under this Bid if an

Agreement would have been awarded to the Apparent Low Bidder.

6. Falsification of any entry made on the Bid Documents shall be deemed a material irregularity and will be grounds, at the COUNTY's option, for disqualification of the

Apparent Low Bidder or rejection of the Bid.

7. This section shall be construed liberally to benefit the public and not the Apparent

Low Bidder; however, any other evidence which may hinder or otherwise delay completion of the Project may be grounds for disqualification.

8. Non-compliance with the submittal requirements of these Instructions to Bidders.

G. The COUNTY reserves the right to waive any informality in Bids received when such waiver is in the best interests of the COUNTY.

H. AWARD CRITERIA: The COUNTY reserves the right to reject all bids, make multiple awards (award to more than one CONTRACTOR), make a partial award, to re-solicit and advertise for new bids, or to cancel the project in its entirety. The recommendation of award will be based on, but not limited to the following criteria:

1. The ability, capacity and skill of the Apparent Low Bidder to perform the Work.

2. Whether the Apparent Low Bidder can perform the Work promptly, or within the time specified, without delay or interference.

3. The character, integrity, reputation, judgment and efficiency of the Apparent Low

Bidder.

4. The quality of performance of previous contracts or services to Seminole County or any other agency or client.

5. The previous and existing compliance by the Apparent Low Bidder with Chapter 220, Seminole County Purchasing Code, the life safety requirements of COUNTY, and other laws and ordinances, regulations.

6. The sufficiency of the financial resources and ability of the Apparent Low Bidder to perform the Work.

7. The quantity, availability and adaptability of the Apparent Low Bidder to perform the

Agreement or service to the particular needs of the COUNTY.

8. The ability of the Apparent Low Bidder to retain employees for the purpose of this

Work.

9. The experience of the Apparent Low Bidder performing in a similar manner as required by this Agreement. Minimum of three (3) satisfactory years in business shall be required.

10. The type, structure and experience of the local or branch management proposed.

11. Quality Control Program.

12. Claims and Litigation filed against the Apparent Low Bidder or filed by the Apparent

Low Bidder for equitable adjustment, contract claim or litigation in the past five (5) years.

13. Reprimand of any nature or suspension by the Department of Business &

Professional Regulation (DBPR) or any other regulatory agency or professional association within the last five (5) years.

2.19. BONDS AND INSURANCE

The Contract Documents set forth COUNTY's requirements as to Bonds and Insurance. When the successful Apparent Low Bidder delivers the executed Agreement to COUNTY, it shall be accompanied by the required Bonds, Insurance Certificates, and all other documents as required for this Bid.

A misstatement or omission of a material fact, whether intentional or not, regarding the Bidder's insurance coverage, policies or capabilities may be grounds for rejection of the Bidder’s submitted bid and rescission of any ensuing Award Agreement.

The COUNTY recommends that all Bidders review the insurance requirements listed within

Solicitation Section #CONTRACTOR'S INSURANCE with their insurance carriers. A copy of the insurance certificate shall be furnished to the COUNTY prior to the final execution of the

COUNTY’s Award Agreement. The COUNTY reserves the right to reject the award to any

Bidder that fails to provide the insurance as required within the COUNTY’s Award Agreement

2.20. PUBLIC ENTITY CRIMES

Any Person or affiliate, as defined in Section 287.133 of the Florida Statutes, shall not be allowed to contract with the COUNTY, nor be allowed to enter into a subcontract for Work on this Project, if such a person or affiliate has been convicted of a public entity crime within three

(3) years of the date of this Project was advertised for Bid, or if such person or affiliate was listed on the State's convicted vendor list, within three (3) years of the date of this Project was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), including but not limited to, any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation.

https://secure.procurenow.com/portal/seminolefl/projects/55244?section=undefined

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

COUNTY.

2.21. CONCURRENT WORK BY OTHERS

A. Bidders are advised that there will be other contractors or the COUNTY with its own forces working at the Project site concurrent with the construction of the Work described herein. Accordingly, Bidders should consider the limitations to site access, construction sequencing and the CONTRACTOR's obligation to coordinate the Progress Schedule with others when preparing the Bid.

B. Bidders shall consider permanent and the possibility of temporary utility facilities and appurtenances in their present, relocated or proposed positions and installation of new facilities as required for the Work. No additional monetary compensation will be allowed for any delays, inefficiencies, or damages of any nature sustained due to any delay, inefficiency, disruption, suspension, constructive acceleration, or interference from

COUNTY utilities, utilities of others or from the operations of relocating or installing them.

2.22. SPECIAL WARRANTY, GUARANTEE, INSURANCE

MAINTENANCE, AND CORRECTION PERIOD REQUIREMENTS

There may be special requirements pertaining to Warranty, Guarantee, Insurance, Maintenance and the Correction Period, which are described in the Bidding Documents. Bidders should review these special requirements, if applicable, and reflect in their Bids all costs associated therewith.

2.23. TAXES

The COUNTY is not subject to Florida Sales and Use Tax; the COUNTY's exemption does not extend to any Bidder as a result of construction of any COUNTY owned facility. The Bidder is cautioned to include costs related to Florida Sales and Use Tax in the Bid.

2.24. ALTERNATE BIDS

Alternate Bids will not be accepted unless specifically called for in the Bidding Documents.

2.25. GRATUITIES AND KICKBACKS

A. Gratuities: It is unethical for any person to offer, give, or agree to give any employee or for any employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination claim or controversy, or other particular matter, pertaining to any program requirement or an Agreement or subcontract, or to any solicitation therefore. See, Chapter 220.

B. Kickbacks: It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a Contract to the CONTRACTOR or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

C. Contract Clause: The prohibition against gratuities and kickbacks prescribed in this section shall be conspicuously set forth in every Contract and subcontract and solicitation therefore.

2.26. PERMITS

A. Unless otherwise specified, the CONTRACTOR shall secure and pay for all permits, governmental fees, local building permit, and licenses necessary for the proper execution and completion of the Work, which are applicable at the time the Bids are received. The CONTRACTOR is to be familiar with all Federal, State and local laws, codes, ordinances and regulations which in any manner affect those engaged or employed in the Work, Material or Equipment used in the conduct of the Work. Before securing permits or necessary licenses, CONTRACTOR shall carefully study and compare the Plans and Specifications and shall at once report in writing to the Engineer any error and omission he/she may discover that is in variance with applicable laws, statutes and regulations. If such notice is not received by Engineer of Record prior to issuance of permits, CONTRACTOR shall assume full responsibility and bear all costs accrued. It is the obligation of the CONTRACTOR to determine the permits and fees required by any local regulations, State regulations, etc., and include the cost of all such permits in Bid. Permits and fees will not be waived. No waiver of the required permit/licenses/fees should be assumed.

The COUNTY may be required to stop the specific portions of the Work related to a permit as a result of the failure of the CONTRACTOR to secure the applicable permit. The Bidder is hereby advised that the CONTRACTOR will be required to pay all fines and penalties of any nature related to a failure to satisfy any permit requirement or violation of any applicable permit.

2.27. LICENSES

Bidder's, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of submittal and during the entire Contract

Time.

3. BID FORMS

3.1. Enter Contractor License Number*

*Response required

3.2. Bid Confirmation*

Pursuant to and in compliance with your notice inviting sealed Bids (Invitation for Bid), Instructions to Bidders, and the other documents relating thereto, the undersigned Bidder, having familiarized himself with the terms of the Bidding Documents, local conditions affecting the performance of the Work, and the cost of the Work at the place where the Work is to be done, hereby proposes and agrees to perform within the time stipulated in the Bidding

Documents, including all of its component parts and everything required to be performed, and to provide and furnish any and all of the labor, Material, and tools, expendable Equipment, and all utility and transportation services necessary to perform the Work and complete in a workmanlike manner, all of the Work required in connection with the construction of said Work all in strict conformity with the Plans and Specifications and other Contract Documents, including any and all Addenda on file at the Purchasing and Contracts Division for the Total Bid (Contract Price) hereinafter set forth.

The undersigned Bidder agrees that the Work shall be completed according to the schedule set forth in the #BID PRICE section.

The undersigned Bidder further agrees to pay liquidated damages as described in the Bidding

Documents.

Bidder acknowledges that it has read and fully understands all Sections of the Bidding

Documents.

The undersigned, as Bidder, declares that the only persons or parties interested in this Bid as principals are those named herein; that this Bid is made without collusion with any person, firm or corporation; and agrees, if the Bid is accepted, that he will execute an Agreement with the

COUNTY in the form set forth in the Bidding Documents in strict compliance with all of County requirements.

Pursuant to and in compliance with this Invitation to Bid, Instructions to Bidders, and all documents relating thereto, the undersigned hereby agrees to furnish all labor, Materials and

Equipment required to do the Work in strict accordance with the Bidding Documents and all addenda, if any, issued prior to the date of this Bid at the Total Bid Price herein.

The Bidder acknowledges that the Total Bid Price stated herein includes the sum of $250.00 or

1% of the Bid whichever is greater, specific consideration for indemnification.

☐ Please confirm

*Response required

3.3. Bid Guarantee*

ACCOMPANYING THIS BID IS a "cashier's check," bidder's bond," certified check," or other security as provided by law in an amount equal to at least five percent (5%) of the Total Bid, payable to the:

https://secure.procurenow.com/portal/seminolefl/projects/55244?section=468057

BOARD OF COUNTY COMMISSIONERS, SEMINOLE COUNTY, FLORIDA

The undersigned deposits the following security as a Bid guarantee and agrees that it shall be forfeited to the COUNTY as liquidated damages in case this Bid is accepted by the COUNTY and the undersigned fails to execute an Agreement with the COUNTY as specified in the

Contract Documents accompanied by the required Payment and faithful Performance Bonds with Sureties satisfactory to the COUNTY, and accompanied by the required certificates of insurance coverage, and endorsements. Should the COUNTY be required to engage the services of an attorney in connection with the enforcement of this Bid, Bidder promises to pay

COUNTY's reasonable attorney's fees and costs (including attorney's fees and costs on appeals) incurred with or without suit.

The undersigned understands the Bid guarantee Submittal Instructions, and agrees to submit the Bid Guarantee appropriately as follows:

A. If cashier's check or certified check: Bidders shall deliver their cashier's check or certified check to the COUNTY in original hard copy format PRIOR to the bid submittal deadline in a properly labeled and sealed envelope. A scanned copy of a check will not be acceptable and will result in the Bidder being deemed non-responsive.

1. envelope instructions for cashier's check or certified check only:

▪ from:

• CC-5227-23/MAG,Seminole County Generator Replacement Project

&Wednesday, August 23, 2023

• Bidder Company Name

• Attn: (contact person)

• Address

• Phone Number

▪ To:

• County of Seminole

• Attn: Purchasing and Contracts Division

• 1301 East Second Street, Sanford, Florida 32771

• (407) 665-7122

B. If bid bond: A fully executed and notarized Bid Bond in accordance with the requirements herein shall be scanned and submitted electronically as part of the bidder's electronic response via the COUNTY'S website. Bidders submitting a fully executed Bid

Bond electronically need not also deliver the hard copy to the COUNTY in duplicate. The

COUNTY may request the original Bid Bond from the apparent low bidder for validation purposes after bid opening. Improperly executed or invalid bid bonds will result in the

Bidder being deemed non-responsive.

☐ Bidder's Bond

☐ Cashier's Check

☐ Certified Check

*Response required

3.4. Bid Bond

Upload Scan of properly executed Bid Bond here.

3.5. Trench Safety Act Form*

Please download the below documents, complete, and upload.

• 00110_-_Trench_Safety_Act.docx

*Response required

3.6. CONFIDENTIAL - EXEMPT FROM PUBLIC RECORDS LAW

Upload any confidential files here in accordance with the instructions herein.

3.7. Insurance Confirmation*

Please download the below documents, complete, and upload.

• 00710_-_Insurance_Confirmat...

*Response required

3.8. Additional Documents

• Copies of required Licenses as required

• Any and all other documents as requested in Documents

3.9. W9 Form*

Please download the below documents, complete, and upload.

• Updated_W-9_10-2018.pdf

*Response required

3.10. Use the form below to submit five (5) similar projects completed within the past (5) years. Specified Applicable Experience: Installation of Similar Size/KW and Generac Generators.*

Please download the below documents, complete, and upload.

• Similar_Project_Experience_...

*Response required

3.11. Certification & Signature Section

3.11.1. Name of Authorized Signatory*

https://government-project.s3.us-west-2.amazonaws.com/22600/e33c442b-f9d1-48a0-af4d-7ceee1dd56fd_00110_-_Trench_Safety_Act.docx?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1692375714&Signature=zdTLcrkePjrT5WSQiFhtHlTMRNI%3D&response-content-disposition=attachment%3B%20filename%3D%2200110_-_Trench_Safety_Act.docx%22 https://government-project.s3.us-west-2.amazonaws.com/22600/c1a06313-713b-4f86-820e-4f4647b19d87_00710_-_Insurance_Confirmation.docx?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1692375714&Signature=KtzrpDTwnkd%2FeG5AwMpRQY5GT7s%3D&response-content-disposition=attachment%3B%20filename%3D%2200710_-_Insurance_Confirmation.docx%22 https://government-project.s3.us-west-2.amazonaws.com/22600/645f2481-18dd-4371-bf6b-39164d8b9743_Updated_W-9_10-2018.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1692375714&Signature=Vp6Tgf9kqr%2B1UVDNFJtlpNfdMds%3D&response-content-disposition=attachment%3B%20filename%3D%22Updated_W-9_10-2018.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/55244/17f63a0a-c18b-4bff-937f-6b3be6ede02a_Similar_Project_Experience_-_5_years.pdf?AWSAccessKeyId=AKIARC2J5PZDGOGWDMYG&Expires=1692375714&Signature=PuuZ11eFJ5U13IwpzYpJIJ2bU2g%3D&response-content-disposition=attachment%3B%20filename%3D%22Similar_Project_Experience_-_5_years.pdf%22

Enter the name and title of the representative certifying (signing) the foregoing electronic documents and submitting this response.

*Response required

3.11.2. Public Entity Crimes Form*

SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES ON

PUBLIC ENTITY CRIMES

A. This sworn statement is submitted to SEMINOLE COUNTY BOARD OF COUNTY

COMMISSIONERS by:

The authorized representative of the company submitting a response to this solicitation signing the sworn statement:

B. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida

Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision of any other state or of the United States involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

C. I understand that “convicted” or “conviction” as defined in Paragraph 287.133()(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guild, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea or guilty or nolo contendere.

D. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

1. A predecessor or successor of a person convicted of a public entity crime; or

2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

E. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the

United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term

“person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

F. Based on the information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.)

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING

OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR

THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31

OF THE CALENDAR YEAR IN WHICH IT IS FILE. I ALSO UNDERSTAND THAT I AM

REQUIRED TOINFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN

EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA

STATUTES FOR CATETORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED

IN THIS FORM.

Under penalties of perjury, I declare that I have read the foregoing Public Entity Crimes Form and that the facts stated in it are true to the best of my knowledge and belief.

☐ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

☐ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

☐ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.)

*Response required

3.11.3. Non-Collusion Affidavit of Bidder*

I certify that I am an authorized representative of the company, the Bidder that has submitted the attached Bid;

A. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

B. Such Bid is genuine and is not a collusive or sham Bid;

C. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Agreement for which the attached Bid has been submitted or to refrain from bidding in connection with such

Agreement, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person, to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the

Board of County Commissioners, Seminole County, Florida, or any person interested in the proposed Agreement; and

D. The prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest, including this affiant.

Under penalties of perjury, I declare that I have read the foregoing Non-Collusion Affidavit of

Bidder Form and that the facts stated in it are true to the best of my knowledge and belief.

☐ Please confirm

*Response required

3.11.4. E-Verify Form*

Please download the below documents, complete, and upload.

• E-Verify_Affidavit_5-19-202...

*Response required

3.11.5. Worker’s Compensation Compliance Certification*

Chapter 440, Florida Statutes establishes a workers’ compensation system designed to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful employment at a reasonable cost to the employer. It is the policy of Seminole County to do business only with those entities which are fully compliant with

Chapter 440, including all reporting and premium payment requirements.

Under…