Y22-7018-CC.pdf

IFB NO. Y22-7018-CC ISSUED: July 1, 2022

INVITATION FOR BIDS

FOR

PARKS RECREATION CENTER ENVELOPE PROTECTION

Copies of the Invitation for Bids (IFB) documents may be obtained from Orange County by download at: https://secure.procurenow.com/portal/orangecountyfl

SUBMISSION DUE DATE:

Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Tuesday, August 2, 2022, via the electronic procurement portal referenced above.

To maintain a secured sealed process electronic submissions are required to be made through the OpenGov Procurement portal only at:

https://secure.procurenow.com/portal/orangecountyfl.

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

Responses received after the submission deadline and/or transmitted outside of the designated OpenGov Procurement portal shall be rejected.

PRE-BID CONFERENCE:

A Non-Mandatory Pre-Bid Conference will be held on Monday, July 11, 2022, 10:30AM, via Webex Events. Attendance is not mandatory but is encouraged.

Meeting number (access code): 2630 398 6748 Meeting password: biHQS2SmW63 (24477276 from video systems) Join by phone: +1-408-418-9388 United States Toll

NOTICE TO BIDDERS/OFFERORS

Effective August 11, 2020, the Board of County Commissioners approved a change to the M/WBE Ordinance, removing the sliding scale from all construction formal solicitation opportunities.

If you have any questions regarding this change, please submit them to the assigned Contracting Agent identified in the Invitation for Bids document.

To ensure that your bid is responsive, you are urged to request clarification or guidance on any issues involving this solicitation before submission of your response. Your point-of-contact for this solicitation is Corie Cummings at Corie.Cummings@ocfl.net.

PART A

https://ocfl-temp.webex.com/ocfl-temp/j.php?MTID=m69a908c10e39b5c5e32f00927b7a1d90 https://secure.procurenow.com/portal/orangecountyfl https://secure.procurenow.com/portal/orangecountyfl mailto:Corie.Cummings@ocfl.net

TABLE OF CONTENTS

PART DESCRIPTION PAGE

A INVITATION FOR BIDS A

B NOTICE B

C INSTRUCTIONS TO BIDDER

1. GENERAL C-1

2. PREPARATION AND SUBMISSION OF BIDS C-1

3. SMALL AND MINORITY BUSINESS ENTERPRISE (MBE),

WOMEN BUSINESS ENTERPRISES (WBE), AND LABOR

SURPLUS AREA FIRMS C-4

4. FEDERAL REQUIREMENTS C-6

5. BID ERRORS C-7

6. DEVIATIONS C-8

7. SUBSTITUTE MATERIAL AND EQUIPMENT C-8

8. REQUESTED INFORMATION/DESCRIPTIVE LITERATURE C-8

9. AWARD OF CONTRACT/REJECTION OF BIDS C-8

10. POSTING OF RECOMMENDED AWARD C-9

11. CONTRACT DOCUMENTS C-10

12. MODIFICATION/ALTERATION OF SOLICITATION C-10

13. LAWS AND REGULATIONS C-10

14. REQUIRED DISCLOSURE C-10

15. EXECUTION OF WRITTEN AGREEMENT C-11

16. LICENSING REQUIREMENTS C-11

17. SECURITY FORFEITURE C-11

18. PERFORMANCE BOND AND PAYMENT BOND C-12

19. QUALIFICATIONS OF SURETY COMPANIES C-12

20. TRENCH SAFETY ACT C-13

21. DRUG FREE WORKPLACE C-13

22. BID TABULATION AND RECOMMENDED AWARD C-13

23. INDEMNIFICATION FOR TORT ACTIONS C-13

24. OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.) C-14

25. PUBLIC ENTITY CRIME STATEMENT C-14

26. SUBCONTRACTOR/SUPPLIER INFORMATION C-14

27. SUBCONTRACTOR’S PAST PERFORMANCE C-14

28. SCRUITINIZED COMPANIES C-14

29. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION C-15

30. REFERENCES C-16

31. BID & RELATED COSTS C-16

32. SOLICITATION CANCELLATIONS C-17

33. LICENSES/PERMITS/FEES C-17

34. BID ACCEPTANCE PERIOD C-17

35. EQUAL OPPORTUNITY C-18

36. ETHICS COMPLIANCE C-18

37. TOBACCO FREE CAMPUS C-19

38. VERIFICATION OF EMPLOYMENT STATUS C-19

39. PROPRIETARY INFORMATION C-19

40. ACCESS TO RECORDS C-20

41. DEPARTMENT OF HOMELAND SECURITY SEAL, LOGO

AND FLAGS C-20

42. COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND

EXECUTIVE ORDERS C-21

43. NO OBLIGATION BY FEDERAL GOVERNMENT C-21

44. PROGRAM FRAUD AND FALSE OR FRADULENT STATEMENTS

OR RELATED ACTS C-21

45. FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY

COMPLAINTS C-21

46. NO THIRD PARTY CLAIMS C-21

PART DESCRIPTION PAGE

D BID FORM

OFFICIAL BID FORM D-1

NON-COLLUSION AFFIDAVIT ATTACHMENT A

REQUIRED DISCLOSURE ATTACHMENT B

SCHEDULE OF SUBCONTRACTING ATTACHMENT C

COMPLIANCE WITH TRENCH SAFETY ACT ATTACHMENT D

REFERENCES ATTACHMENT E

PROJECT EXPENDITURE REPORT ATTACHMENT F

RELATIONSHIP DISCLOSURE FORM ATTACHMENT G

E-VERIFICATION CERTIFICATION ATTACHMENT H

CERTIFICATION REGARDING LOBBYING FOR

CONTRACTS, GRANTS, LOANS, AND COOPERATIVE

AGREEMENTS APPENDIX A, 44 C.F.R. PART 18 ATTACHMENT I

SCHEDULE OF SUBCONTRACTING AND

AFFIDAVIT OF COMPLIANCE WITH 2 CFR

§200.321 REQUIREMENTS(OR 45 C.F.R.

§75.330 FOR HEALTH AND HUMAN SERVICES

FUNDS ATTACHMENT J

FEDERAL DEBARMENT CERTIFICATION FORM ATTACHMENT K

LEASED EMPLOYE AFFIDAVIT ATTACHMENT L

BID BOND ATTACHMENT M

E CONSTRUCTION CONTRACT

CONTRACT FORM E-1

PERFORMANCE BOND E-7

PAYMENT BOND E-10

RELEASE OF LIEN E-13

CHANGE ORDER FORM E-14

CONSENT OF SURETY/INCREASE OF PENALTY FORM E-16

DRUG-FREE WORKPLACE FORM E-18

F GENERAL CONDITIONS

ARTICLE 1 - CONTRACT F-1

ARTICLE 2 - DEFINITIONS F-1

ARTICLE 3 - ASSIGNMENT OF CONTRACT F-3

ARTICLE 4 - QUALIFICATIONS OF SUBCONTRACTORS

AND SUPPLIERS F-4

ARTICLE 5 - STARTING THE WORK F-4

ARTICLE 6 - INTERPRETATION AND INTENT OF THE

CONSTRUCTION DOCUMENTS F-4

ARTICLE 7 - REFERENCE POINTS F-5

ARTICLE 8 - BONDS AND INSURANCE AND INDEMNIFICATION F-6

ARTICLE 9 - CONTRACTOR'S RESPONSIBILITIES F-12

ARTICLE 10 - WORK BY OTHERS F-18

ARTICLE 11 - PROJECT OWNER'S STATUS

DURING CONSTRUCTION F-21

ARTICLE 12 - CHANGES IN THE WORK F-21

ARTICLE 13 - CHANGE OF CONTRACT AMOUNT/CONTRACT TIME F-22

ARTICLE 14 - CONDITION OF MATERIALS & PACKAGING F-28

ARTICLE 15 - ASBESTOS FREE MATERIALS F-28

ARTICLE 16 - WARRANTY/ACCEPTANCE OF DEFECTIVE WORK F-28

ARTICLE 17 – DELAYS AND EXTENSION OF TIME F-31

ARTICLE 18 - PAYMENT AND COMPLETION F-32

ARTICLE 19 - SUSPENSION OF WORK AND TERMINATION F-39

ARTICLE 20 - MAINTENANCE AND EXAMINATION OF RECORDS F-41

ARTICLE 21 – SMALL AND MINORITY BUSINESS ENTERPRISE

(MBE), WOMEN BUSINESS ENTERPRISES (WBE), AND LABOR

SURPLUS AREA FIRMS F-43

ARTICLE 22 - FEDERAL REQUIREMENTS F-43

ARTICLE 23 – VERBAL ORDERS F-45

ARTICLE 24 – MISCELLANEOUS F-45

ARTICLE 25 – CONTRACT CLAIMS F-46

ARTICLE 26 – VALUE ENGINEERING F-47

ARTICLE 27 – PATENTS AND ROYALTIES F-50

ARTICLE 28 – OWNER DIRECT PURCHASES F-50

ARTICLE 29 – PUBLIC RECORDS COMPLIANCE (APPLICABLE FOR

SERVICE CONTRACTS) F-51

G SUPPLEMENTAL CONDITIONS / SPECIAL PROVISIONS

NOT USED

H TECHNICAL PROVISIONS (SPECIFICATIONS)

Bound Separately

INDEX OF DRAWINGS

Bound Separately

EXHIBITS

INSURANCE SAMPLE DOCUMENTS

EXHIBIT(S) A-G

OWNER DIRECT PURCHASE PROVISION

EXHIBIT H

THIS PAGE INTENTIONALLY LEFT BLANK

ISSUED: July 1, 2022

NOTICE

INVITATION FOR BIDS NO. Y22-7018-CC

Copies of the Invitation for Bids (IFB) documents may be obtained from Orange County by download at: https://secure.procurenow.com/portal/orangecountyfl

Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Tuesday, August 2, 2022, via the OpenGov procurement portal only.

To maintain a secured sealed process electronic submissions are required to be made through the OpenGov Procurement portal only at:

https://secure.procurenow.com/portal/orangecountyfl.

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

Responses received after the submission deadline and/or transmitted outside of the designated OpenGov Procurement portal shall be rejected.

The IFB contains all required documents for this solicitation. No other technical specifications, drawings or other documents are required.

A Non-Mandatory Pre-Bid Conference will be held on Monday, July 11, 2022, 10:30AM, via Webex Events. Attendance is not mandatory but is encouraged.

Meeting number (access code): 2630 398 6748 Meeting password: biHQS2SmW63 (24477276 from video systems) Join by phone: +1-408-418-9388 United States Toll

SCOPE OF WORK: Construction to retrofit three (3) designated evacuation shelters with exterior envelope protection to include windows, doors, louvers.

PROJECT LOCATION: 2801 N. Apopka Vineland Road, Orlando, FL 32818, 3850 S.

Econlockhatchee Trail, Orlando, FL 32829, 309 SW Crown Point Road, Winter Garden, FL 34787

Carrie Mathes, MPA, CFCM, NIGP-CPP, CPPO, C.P.M., CPPB, A.P.P.

Manager, Procurement Division https://ocfl-temp.webex.com/ocfl-temp/j.php?MTID=m69a908c10e39b5c5e32f00927b7a1d90 https://secure.procurenow.com/portal/orangecountyfl

C-1

PART C - INSTRUCTIONS TO BIDDERS

1. GENERAL:

The term County used herein refers to Orange County, Florida, or its duly authorized representative. The term Bidder used herein refers to the manufacturer, dealer or business organization submitting a bid to the County in response to this Invitation for Bids.

2. PREPARATION AND SUBMISSION OF BIDS:

a. Form of Proposal: Each Bidder shall electronically submit the original Bid Form, with required attachments and indicate the base Bid price and any alternative(s) that may be included in the proper space(s).

The base Bid is the sum of all pay item totals and the County reserves the right to correct errors in pay item totals arising from incorrect extensions.

See "Bid Errors", Item 5.

b. All Bids, shall be submitted via the electronic submission portal at:

https://secure.procurenow.com/portal/orangecountyfl, prior to the submission timeline as specified in Part B or applicable addenda. Bids will be opened per the public meeting notice.

The transmittal of said Bid to the Procurement Division prior to the time and date stated in the preceding sentence is solely and strictly the responsibility of the Bidder. The County shall not be responsible for delays caused by any occurrence. The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any bid. The bid time shall be scrupulously observed. Under no circumstances shall bids delivered after the time specified be considered. The decision to refuse to consider a bid that was received beyond the date/time established in the solicitation shall not be the basis for a protest pursuant to the Orange County Code (Procurement Ordinance).

c. Bids will be publicly opened in accordance with the public notice.

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

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

Visit:

https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c 7125b

Meeting number: 286 177 361 Password: Go2Meeting https://secure.procurenow.com/portal/orangecountyfl https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

C-2

Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361 Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361 Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361 The physical meeting location is:

400 E. South Street, 2nd Floor, Orlando, Florida 32801

Bid tabulations shall be available thirty (30) days after opening on the Orange County website at:

http://apps.ocfl.net/orangebids/bidresults/results.asp or upon notice of intended action, whichever is sooner.

d. All Bid must be manually and duly signed by an authorized corporate officer, principal, or partner (as applicable) with a signature in full. When a firm is a Bidder, the officer signing shall set out the corporate name in full beneath which he shall sign his name, give title of his office and affix the corporate seal. Anyone signing the Bid proposal as agent must file with it legal evidence of signature authority. Bidders who are nonresident corporations shall furnish to the County a duly certified copy of their permit to transact business in the State of Florida along with the Bid. Failure to promptly submit this evidence or qualification to do business in the State of Florida may be basis for rejection of the Bid.

e. The Bidder is solely responsible for reading and completely understanding the requirements and the specifications of the solicitation.

f. Bids may be withdrawn before the time for receiving Bids has expired.

Negligence on the part of the Bidder in preparing a Bid is not grounds for withdrawal or modification of a Bid proposal after such Bid has been opened by the County. A Bidder may not withdraw or modify a Bid after the appointed Bid opening and such Bid must be in force for ninety (90) days after the Bid opening. Bidders may not assign or otherwise transfer their Bids.

g. At the time and place fixed for the opening of bids, every bid properly submitted within the time fixed for receiving bids will be opened and publicly read aloud, irrespective of any irregularities found therein. Bidders and other persons interested may be present, in person or by representative, or attend via telephone or virtually. Opened Bids shall remain confidential for thirty days after Bid opening or upon posting of the recommended award, whichever comes first.

h. A Bid, Payment and Performance Bond are a requirement of the IFB when the bid/contract amount exceeds $100,000. Firms shall attach an electronic copy of their bid bond for responsiveness. Submission of the bid bond, along with a certified and effectively dated copy of the power of attorney, shall be completed and signed by all required parties and submitted on the form provided in the solicitation. Submittal of a bid bond less than 10% of the total estimated Contract amount for the first Contract year, shall result in the bid being deemed non-responsive.

http://apps.ocfl.net/orangebids/bidresults/results.asp

C-3

If Bid security is required by Paragraph h. of this Section, submission of an electronic Bid Bond completed and signed by all required parties and submitted on the form provided in Exhibit 1 to the Bid Proposal (Part D), or in the alternative, a Certified Check, or a Cashier's Check shall be required to accompany each bid proposal in a stated dollar amount of not less than ten (10%) percent of the sum of the computed total amount of the Bidder's Base Bid proposal. Submittal of a Bid Bond less than 10% of the bid sum shall result in rejection of the bid. Failure to submit the Bid Bond on the form provided in Attachment M to the Bid Proposal (Part D) shall result in rejection of the bid.

In order to be acceptable to the County, the Surety company issuing the Bid Bond as called for in this Invitation for Bids, shall meet and comply with the minimum standards described in Part C, Section 19, “Qualifications of Surety Companies”. Failure to submit a Bid Bond from a Surety Company meeting these minimum standards shall result in rejection of the bid.

Certified checks or cashier's checks shall be drawn on a solvent bank or trust company to the order of the Board of County Commissioners, Orange County, Florida and shall have all necessary documentary revenue stamps attached, if required by law. Personal checks are not acceptable to the County. See Section 19, “Qualifications of Surety Companies” for additional requirement.

i. A Pre-Bid conference will be held at the time and location shown in the

Notice, Part B of this Bid package.

j. No oral interpretation of the meaning of the plans, specifications, or other

Contract documents shall be considered binding. All questions or concerns regarding this Invitation for Bids shall be submitted by email to Corie.Cummings@ocfl.net, no later than 5:00 PM on Monday, July 18, 2022 referencing the IFB number.

Any and all such interpretations and any supplemental instructions will be in the form of a written addendum which, if issued, will be available for download. All addenda so issued shall become part of the Contract Documents and receipt shall be acknowledged on the Bid Form, Part D, or by completion of the applicable information on the addendum and returning it not later than the date and time for receipt of the bid.

k. Before submitting bids, Bidders must carefully examine the site of the proposed work and make all necessary investigations to inform themselves thoroughly as to all difficulties involved in the completion of all work required pursuant to the mandates and requirements of this bid package.

mailto:Corie.Cummings@ocfl.net

C-4

No plea of ignorance of conditions or difficulties that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work pursuant to this bid package as a result of failure to make the necessary examinations and investigations will be accepted as an excuse for any failure or omission on the part of the successful Bidder (Contractor) to fulfill, in every detail, all of the requirements of the Contract Documents, nor will they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.

l. Firms and/or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or solicitation documents contained herein are excluded from competing for this solicitation.

This shall not be applicable to firms and/or individuals providing responses to a publicly posted Request for Information (RFI) associated with a solicitation.

3. SUBCONTRACTING AND REQUIRED OUTREACH TO SMALL AND MINORITY

BUSINESS ENTERPRISE (MBE), WOMEN BUSINESS ENTERPRISES (WBE),

AND LABOR SURPLUS AREA FIRMS

Bidders subcontracting any portion of the work shall state name and address of subcontractor and the name of the person to be contacted on the attached “Schedule of Subcontracting and Affidavit of Compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and Human Services funds) Requirements”.

CAUTION

If subcontracting any portion of the work, a Bidder’s failure to submit an executed and notarized “Schedule of Subcontracting and Affidavit of Compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and Human Services funds) Requirements” may result in the bid being rejected as nonresponsive.

Bidders who are small and minority-owned, women-owned business enterprises, and labor surplus area firms shall not be exempt from complying with the affirmative steps outlined in 2 CFR §200.321 (or 45 C.F.R.

§75.330 for Health and Human Services funds) when subcontracting.

A. Orange County is receiving federal funding through State of Florida Division of Emergency Management for the services solicited in the Invitation for Bid (IFB). Accordingly, Orange County’s M/WBE ordinance and program do not apply to this solicitation.

B. Among the many federal funding requirements, 2 CFR §200.321 (or 45

C.F.R. §75.330 for Health and Human Services funds) mandates that the Prime Contractor/Sub-recipient partakes in five “affirmative steps” designed to ensure that small and minority-owned, women-owned business enterprises, and labor surplus area firms have been, and for the duration of

C-5 the project continue to be, afforded subcontracting opportunities. These affirmative steps are:

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration (SBA) and the Minority Business Development Agency of the Department of Commerce.

C. In order to adequately document that the bidder has fulfilled this requirement, if Sub-contracting, the bidder shall complete the provided “Schedule of Subcontracting and Affidavit of Compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and Human Services funds) Requirements”. The affidavit shall be notarized for this bid to be responsive.

D. The County reserves the right to request the following validation documentation throughout the performance period of the contract:

1. Copies of announcements/postings in newspapers, emails, web-postings, or other media for specific contracting/subcontracting opportunities that target small and minority businesses and women’s business enterprises;

2. Copies of announcements/postings of contracting/subcontracting opportunities in trade publications, minority, or women’s media that target small and minority businesses and women’s business enterprises.

3. Documentation of sources used to identify potential small and minority businesses and women’s business enterprises. A suggestion would be searching through the SBA’s Dynamic Small Business directory at the following internet address:

http://dsbs.sba.gov to search for registered minority and small businesses.

E. The County reserves the right to monitor the contractor/sub-recipient for continued compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330 for http://dsbs.sba.gov/

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Health and Human Services funds). The ability for that awarded contractor/sub-recipient to be awarded federally funded contracts in the future may be jeopardized should that awarded contractor/sub-recipient fail to comply with the intent and spirit of 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and Human Services funds).

F. Contact Business Development Division at (407) 836-7317, if you have additional questions pertaining to this requirement.

4. FEDERAL REQUIREMENTS

In the event this Contract is paid in whole or in part from any federal government agency or source, the specific terms, regulations and requirements governing the disbursement of these funds shall be specified herein and become a part of this clause.

Equal Employment Opportunity: For any federally assisted construction contract, as defined in 41 CFR 60-1.3, the contractor, subcontractor, subrecipient shall follow all of the requirements of the Equal Opportunity Clause as stated in 41 CFR 60-1.4.

Davis–Bacon Act: For any federally assisted construction contract, in excess of two thousand dollars ($2,000), the contractor, subcontractor, subrecipient shall comply with all of the requirements of the Davis-Bacon Act (40 U.S.C. 3141 – 3148) as supplemented by Department of Labor Regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and assisted Construction”); and the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

For a definition of “Construction” see 48 CFR 2.101.

Contract Work Hours and Safety Standards Act: For any federally assisted contract, in excess of one hundred thousand dollars ($100,000), that involves the employment of mechanics or laborers, the contractor, subcontractor, subrecipient shall comply with all of the requirements of the Contract work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704), as supplemented by Department of Labor Regulations (29 CFR Part 5).

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding one hundred thousand dollars ($100,000) must file the required Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements Appendix A, 44 C.F.R. PART 18, Attachment I. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.

1352. Each tier must also disclose any lobbying with non-Federal funds that takes

C-7 place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Rights to Inventions Made Under a Contract or Agreement: For any federally assisted contract, awarded to a small business firm or nonprofit organization as defined in 37 CFR 401.2 for the performance of experimental, developmental, or research work, the contractor, subcontractor, subrecipient agrees to all of the terms in 37 CFR 401.14(a) and (b) regarding Patent Rights and The Allocation of Principal Rights.

Clean Air Act and the Federal water Pollution Control Act: For any federally assisted contract, or subgrant, in excess of one hundred and fifty thousand dollars ($150,000), the contractor, subcontractor, subrecipient or subgrant recipient shall comply with all of the requirements of the Clean Air Act (42 U.S.C. 7401 -7671q.)

and the Federal water Pollution Control Act as amended (33 U.S.C. 1251 – 1387).

Procurement of Recovered Materials:

(1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired

a. Competitively within a timeframe providing for compliance with the contract performance schedule;

b. Meeting contract performance requirements; or

c. At a reasonable price.

(2) Information about this requirement, along with a list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

Awarded Contractors are required to fully comply with all requirements outlined in 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

This contract is subject to change based on guidance from the Federal funding source.

5. BID ERRORS:

Where bid forms have erasures or corrections, each erasure or correction must be initialed in ink by the Bidder. In case of unit price bid items, if an error is committed in the extension of an item, the unit price as shown in the Official Bid Form will govern.

Errors between any sum, computed by the Bidder, and the correct sum thereof will be resolved in favor of the correct sum. Any discrepancy between words and numbers will be resolved in favor of the written words.

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

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6. DEVIATIONS:

Bidders are hereby advised that Orange County will only consider bid Proposals that meet the specifications and other requirements imposed upon them by this bid package. In instances where a deviation is stated in the bid form, said bid will be subject to rejection by the County in recognition of the fact that said bid Proposal does not meet the exact requirements imposed upon the Bidder by the Contract Documents.

7. SUBSTITUTE MATERIAL AND EQUIPMENT:

The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever materials or equipment or patented processes are specified or described in the Contract Documents by naming a trade name, manufacturer, supplier or proprietary item or catalog number, the naming of the item is intended to establish the type, function and quality required and to establish a basis for bidding.

Substitute materials or equipment may be considered after a Contract for the Work is executed if sufficient information is supplied by Contractor to allow Project Manager to evaluate the proposed substitution, unless the naming of the item is followed by words indicating that no substitution is permitted. The procedure for submittal of any such application by Contractor and consideration by Project Manager is set forth in the General Conditions.

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

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

8. REQUESTED INFORMATION AND DESCRIPTIVE LITERATURE:

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

9. AWARD OF CONTRACT/REJECTION OF BIDS:

The Board of County Commissioners will award a Contract to the low, responsive and responsible Bidder, price and other factors considered. The County will award one Contract for this requirement. The Board of County Commissioners, in its sole discretion, reserves the right to reject any and all bids and to waive any informality

C-9 concerning bid proposals whenever such rejection or waiver is in the best interest of the County. The ability of a Bidder to obtain a performance bond and a payment bond shall not be regarded as the sole test of such Bidder's competency or responsibility. Nothing contained herein shall place a duty upon the County to reject bids or award a Contract based upon anything other than its sole discretion as described herein.

When more than one method of work is prescribed in the solicitation with separate pricing allowed for each method, the County will select the method determined to be in its best interests, price and other factors considered.

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

A. ADDITIVE/DEDUCTIVE BID ITEMS:

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

2. All bids will be evaluated on the basis of the same additive or deductive bid items.

3. Failure of the Bidder to provide pricing for all unit priced items and/or the Base

Bid and ALL requested additive/deductive bid items, or alternate bids shall be cause for rejection of the bid as non-responsive.

10. POSTING OF RECOMMENDED AWARD AND PROTESTS:

The recommended award will be posted for review by interested parties at the

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

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

Additional information relative to protests can be found at:

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

A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the successful Bidder. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon Contract award. Additional information relative to lobbying can be found at:

http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

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The Board of County Commissioners may void any Contract where the County

Mayor, one or more County Commissioners, or a County staff person has been lobbied in violation of the blackout period restrictions of Ordinance No. 2002-15.

11. CONTRACT DOCUMENTS:

The Contract Documents shall include the documents stated in the Contract (Titles, Subtitles, Headings, Running Headlines, Table of Contents and Indexes are used merely for convenience purposes).

12. MODIFICATION/ALTERATION OF SOLICITATION AND OR CONTRACT

DOCUMENTS

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

13 LAWS AND REGULATIONS:

The Bidder's attention is directed to the fact that all applicable Federal and State laws, municipal and County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the solicitation and Contract throughout, and they will be deemed to be included in the solicitation/Contract the same as though herein written.

14. REQUIRED DISCLOSURE:

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

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

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

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

C-11 disclosures required herein, the County's own investigation, public records, or any other reliable source of information. The County may also reject any Bidder that fails to make the disclosures required herein. By submitting a bid, Bidder recognizes and accepts that the County may reject any bid at its sole discretion and the Bidder waives any claim it might have for damages or other relief arising from the rejection of its bid or resulting directly or indirectly from the rejection of its bid based on these grounds or from the disclosure of any information related to the reasons for rejection of its bid.

15. EXECUTION OF WRITTEN CONTRACT:

The successful Bidder will be required to sign a written Contract which has been made a part of this bid package and identified as the Contract. Said written Contract will evidence in written form the agreement between the parties pursuant to the award having been theretofore made by the County to this Bidder; said signing to be accomplished within ten (10) days after receipt of Notice of Award.

The County will issue an "Official Notice to Proceed" on the project within ninety (90) days after contract award. In the event the Official Notice to Proceed has not been issued by the County within the 90-day period above, the Contractor shall have the option to rescind the Contract or continue with the Contract as originally bid.

16. LICENSING REQUIREMENTS:

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

a. State of Florida, Department of Professional Regulation, Construction

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

b. Said licenses shall be in the Bidder's name as it appears on the Official Bid

Form. Bidder shall supply appropriate license numbers, with expiration dates, as part of their bid. Failure to hold and provide proof of proper licensing, certification and registration shall be grounds for rejection of the bid.

c. Bidder shall provide copies of all applicable licenses with their Bid Proposal.

d. Subcontractors contracted by the Prime Contractor shall be licensed in their respective fields to obtain construction permits from the County. Said license must be in the name of the subcontractor listed on Attachment C, Subcontractor/Supplier Page, herein.

17. SECURITY FORFEITURE:

When bid security has been required (Part C, Section 2, Paragraph h.): If, within ten

(10) days after issuance of Notice of Award of a Contract, the successful Bidder refuses or otherwise neglects to execute the required written Contract and fails to furnish the required Performance Bond and Payment Bond, the amount of the

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Bidder's bid security (Cashier's Check or Bid Bond) shall be forfeited and the same shall be retained by the County. No plea of mistake in the bid or misunderstanding of the conditions of forfeiture shall be available to the Bidder for the recovery of his bid security or as a defense to any action.

18. PERFORMANCE BONDS AND PAYMENT BONDS:

When the contract amount exceeds $100,000 a Payment Bond and a Performance

Bond issued in a sum equal to one hundred (100%) percent of the total awarded Contract amount by a Surety company considered satisfactory by the County according to the criteria in Section 19 will be required from the successful Bidder for purposes of protecting the County from lawsuits for non-payment of debts as might be incurred during the successful Bidder's performance under such Contract, and insuring the faithful performance of the obligations imposed by the resulting Contract.

The Payment Bond and the Performance Bond forms are included in the Contract Documents and said forms must be properly executed by the Surety Company and successful Bidder within ten (10) days after receipt of notification from the County of its award of the Contract.

The Contractor shall record the payment and performance bonds in Orange County public records as required by Florida Statutes, Chapter 255.05. Before commencing the work the Contractor shall provide to the Manager of the Procurement Division a certified copy of the recorded bonds. No payment will be made to the contractor until the contractor has provided a copy of the recorded bonds.

19. QUALIFICATIONS OF SURETY COMPANIES:

In order to be ACCEPTABLE to the County, the Surety company issuing the Bid

Bond, the Performance Bond and the Payment Bond, as called for in this Invitation for Bids, shall meet and comply with the following minimum standards:

a. Surety must be authorized to do business in the State of Florida and shall comply with the provisions of Florida Statute 255.05.

b. Surety must be listed on the U.S. Department of Treasury Fiscal Service, Bureau of Government Financial Operations, Federal Register, Part V, latest revision, entitled: "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies”.

c. All bonds shall be originals and issued or countersigned by a producing agent with satisfactory evidence of the authority of the person or persons executing such bond shall be submitted with the bond. Attorneys-in-fact who sign bonds or other Surety instruments must attach with each bond or Surety instrument a signed, certified and effectively dated copy of their power of attorney.

Agents of Surety companies must list their name, address and telephone number on all bonds.

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d. The life of the bonds shall extend twelve (12) months beyond the date of Final

Completion and shall contain a waiver of alteration to the terms of the Contract, extensions of time and/or forbearance on the part of the County.

e. Surety must have financial standing having a rating from A.M. Best

Company (or other equivalent rating company) equal to or better than A- Class VI.

f. Should the Bid, Payment and Performance Bonds be issued by co-sureties, each surety listed on the bond shall meet the requirements in paragraphs a.

– e. above. In addition, each surety shall submit a power of attorney and all signatures of the co-sureties representatives shall be notarized. The “lead” surety shall be identified for the purposes of underwriting and claims management.

FAILURE TO MEET ANY OF THE REQUIREMENTS CONTAINED ABOVE

SHALL RESULT IN REJECTION OF THE BID.

20. TRENCH SAFETY ACT:

Pursuant to Chapter 90-96 (CS/SB 2626), Laws of Florida, "Trench Safety Act", any person submitting a bid/proposal is required to complete the form entitled:

COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (90-96, LAWS OF

FLORIDA), if applicable, and return the form with the Official Bid Form, (Part D, Attachment D). This is not a pay item. The purpose of this form is to gather information on the costs associated with trench safety measures and to insure that the bidder has considered these costs and included them in the Base Bid. Failure to complete this form may result in the Bid being declared non-responsive.

21. DRUG-FREE WORKPLACE FORM:

The Drug-Free Workplace Form is attached in Part E and shall be completed and submitted with your bid.

22. BID TABULATION AND RECOMMENDED AWARD:

Bid files may be examined during normal working hours, thirty (30) days after bid opening, or upon recommendation for award, whichever occurs first. Bidders desiring to view these documents are urged to schedule an appointment. For information concerning this bid, please contact the Procurement Division at the address listed above or by calling (407) 836-5635. Please specify the bid number for which you are inquiring. Bid opening results will be available at http://apps.ocfl.net/orangebids/bidresults/results.asp. Unsuccessful bidders will not be notified, unless a request is submitted in accordance with this paragraph.

23. INDEMNIFICATION FOR TORT ACTIONS/LIMITATION OF LIABILITY:

The provisions of Florida Statute 768.28 applicable to Orange County, Florida apply in full to this Contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the County acting within the scope of his/her office or employment are subject to the limitations specified in this statute.

http://apps.ocfl.net/orangebids/bidresults/results.asp

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

The County shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment.

This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

24. OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.):

In instances where such is applicable due to the nature of the bid matter with which this bid package is concerned, all material, equipment, etc., as proposed and offered by Bidders must meet and conform to all O.S.H.A. requirements; the Bidder's signature upon the bid proposal form (Part D) being by this reference considered a certification of such fact.

25. PUBLIC ENTITY CRIME STATEMENT (FS 287.133):

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a Contract to provide any goods or services to a public entity, may not submit a bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or any entity in excess of the threshold amount provided in Florida State Statutes Section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

26. SUBCONTRACTOR/SUPPLIER INFORMATION:

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

27. SUBCONTRACTOR’S PAST PERFORMANCE:

Bidder is responsible for verifying subcontractor’s satisfactory performance on previous Orange County projects. Failure to do so may impact Bidder’s responsibility determination.

28. SCRUTINIZED COMPANIES

A. By executing this Agreement, the Contractor certifies that it is eligible to bid on, submit a proposal for, or enter into or renew a contract with the County for goods or services pursuant to Section 287.135, Florida Statutes.

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B. Specifically, by executing this Agreement, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel.

C. Additionally, if this Agreement is for an amount of one million dollars ($1,000,000) or more, by executing this Agreement, the Subrecipient certifies that it is not:

1. On the “Scrutinized Companies with Activities in Sudan List” or the

“Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,” created pursuant to Section 215.473, Florida Statutes;

and/or

2. Engaged in business operations in Cuba or Syria.

D. The County reserves the right to terminate this Agreement immediately should the Contractor be found to:

1. Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the County for goods or services pursuant to Section 287.135, Florida Statutes; and/or

2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the County for goods or services pursuant to Section 287.135, Florida Statute subsequent to entering into this Agreement with the County.

E. If this Agreement is terminated by the County as provided in subparagraph 4(a) above, the County reserves the right to pursue any and all available legal remedies against the Contractor, including but not limited to the remedies as described in Section 287.135, Florida Statutes.

F. If this Agreement is terminated by the County as provided in subparagraph 4(b) above, the Contractor shall be paid only for the funding-applicable work completed as of the date of the County’s termination.

G. Unless explicitly stated in this Section, no other damages, fees, and/or costs may be assessed against the County for its termination of the Agreement pursuant to this Section.

29. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

By submission of a bid, Respondent affirms that it is in compliance with the requirements of 2 C.F.R. Part 180 and that neither it, its principals, nor its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Respondent shall submit the Federal Debarment Certification Form, Attachment K, demonstrating compliance.

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30. REFERENCES:

Bidder shall supply (with the bid form) a list of at least three (3) similar projects successfully completed by the Bidder, with two (2) projects as a Prime Contractor and one (1) project as a Prime or Subcontractor within the last ten (10) years immediately preceding the due date of bid submittal in response to this Invitation for Bids. Failure to provide this information may be cause for rejection of the bid.

For the purposes of the Invitation for Bids, a similar project is described as follows:

- Retrofit of existing buildings with exterior envelope fenestration protections, to include, windows, doors, louvers or other assemblies that penetrate through the exterior walls or

- Complete aluminum storefront installations (material and labor – new construction only) in large commercial buildings with a minimum square footage of at least 20,000 square feet such as (schools, hotels, grocery stores, convention centers, airports, hospitals, and arenas) may be considered in lieu of this if the project budget was in excess of $2,000,000 excluding change orders.

Additionally, at least one of the projects submitted must meet the followings requirements:

- At least one similar project must have been in an occupied building.

EACH SIMILAR PROJECT LISTED SHALL BE LISTED WITH COMPLETE

INFORMATION AS SPECIFICALLY PROVIDED ON THE REFERENCE FORM

(ATTACHMENT E). THE SPECIFIC INFORMATION ON REFERENCES MUST

BE PROVIDED ON THE REFERENCE FORM. DO NOT ATTACH LISTINGS OF

REFERENCE INFORMATION.

FAILURE TO PROVIDE REFERENCE INFORMATION AS REQUESTED MAY

RESULT IN THE REJECTION OF YOUR BID.

The determination of whether a bidder is responsible or not shall be at the sole discretion of the County. Although the County may request submission of a minimum number of similar projects for evaluation, the County’s determination of a bidder’s responsibility shall not be solely based on the number of similar projects submitted.

The contact person listed as a reference shall be someone who has personal knowledge of the Bidder’s performance during the referenced project. Contact persons must have been informed that they are being used as a reference and that the County will be calling or emailing them.

31. BID AND RELATED COSTS:

By submission of a bid, the Bidder agrees that all costs…