Y22-765.pdf

i

IFB NO. Y22-765-FH ISSUED: January 10, 2022

INVITATION FOR BIDS

FOR

INSTALLATION OF EMERGENCY GENERATOR SYSTEMS AT VARIOUS ORANGE

COUNTY EMERGENCY SHELTERS

In an effort to help promote social distancing measures during the COVID-19 Public Health Emergency, electronic submissions will be accepted by the County.

Firms are strongly encouraged to submit responses electronically. Firms will not be permitted to fax or email offers.

To maintain a secured sealed process electronic submissions may be made through the OpenGov Procurement Portal only at:

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

Mail or Hand Deliver

ORIGINAL BID FORM (MARKED “ORIGINAL”), ONE (1) COMPLETE COPY AND

ONE (1) ELECTRONIC COPY ON USB DRIVE

BY 4:00 PM – February 15, 2022

To:

ORANGE COUNTY, FLORIDA

INTERNAL OPERATIONS CENTRE II

PROCUREMENT DIVISION

400 E. SOUTH STREET- 2nd FLOOR

ORLANDO, FLORIDA 32801

A Non-Mandatory Virtual Pre-Bid Meeting will be held on January 21, 2021, at 11:00

AM.

NON-MANDATORY PRE-PROPOSAL CONFERENCE MEETING LINK

https://ocfl.webex.com/ocfl/j.php?MTID=m932a3c10cbdc96d528bdc3fa091c7f81

Meeting number: 2462 490 0126 Password: Go2Meeting

More ways to join:

Join by video system Dial 24624900126@ocfl.webex.com You can also dial 173.243.2.68 and enter your meeting number.

Join by phone 1-408-792-6300 Call-in number (US/Canada) Access code: 2462 490 0126

Interested bidders are encouraged to attend.

ii

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 Tracy Attenasio at Tracy.Attenasio@ocfl.net

PART A

mailto:Tracy.Attenasio@ocfl.net iii

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-7

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-14

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-15

31. BID & RELATED COSTS C-16

32. SOLICITATION CANCELLATIONS C-16

33. LICENSES/PERMITS/FEES C-16

34. BID ACCEPTANCE PERIOD C-17

35. EQUAL OPPORTUNITY C-17

36. ETHICS COMPLIANCE C-17

37. TOBACCO FREE CAMPUS C-18

38. VERIFICATION OF EMPLOYMENT STATUS C-18

39. PROPRIETARY INFORMATION C-19

iv

40. ACCESS TO RECORDS C-19

41. DEPARTMENT OF HOMELAND SECURITY SEAL, LOGO

AND FLAGS C-20

42. COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND

EXECUTIVE ORDERS C-20

43. NO OBLIGATION BY FEDERAL GOVERNMENT C-20

44. PROGRAM FRAUD AND FALSE OR FRADULENT STATEMENTS

OR RELATED ACTS C-20

45. FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY

COMPLAINTS C-20

46. NO THIRD-PARTY CLAIMS C-20

v

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

vi

ARTICLE 11 - PROJECT OWNER'S STATUS

DURING CONSTRUCTION F-20

ARTICLE 12 - CHANGES IN THE WORK F-20

ARTICLE 13 - CHANGE OF CONTRACT AMOUNT/CONTRACT TIME F-21

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-46

ARTICLE 25 – CONTRACT CLAIMS F-47

ARTICLE 26 – VALUE ENGINEERING F-47

ARTICLE 27 – PATENTS AND ROYALTIES F-50

ARTICLE 28 – OWNER DIRECT PURCHASES F-51

ARTICLE 29 – PUBLIC RECORDS COMPLIANCE (APPLICABLE FOR

SERVICE CONTRACTS) F-51

G SUPPLEMENTAL CONDITIONS / SPECIAL PROVISIONS

SPECIAL PROVISIONS G-1

H TECHNICAL PROVISIONS (SPECIFICATIONS)

BARNETT PARK GYMNASIUM

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

000115 LIST OF DRAWING SHEETS 1

SPECIFICATIONS GROUP

General Requirements Subgroup

DIVISION 01 - GENERAL REQUIREMENTS

010100 SUMMARY OF WORK 5

010270 APPLICATION FOR PAYMENT 4

010350 MODIFICATION PROCEDURES 3

010400 PROJECT COORDINATION 4

010450 CUTTING AND PATCHING 5

010950 REFERENCE STANDARDS AND DEFINITIONS 4

012000 PROJECT MEETINGS 4

013000 SUBMITTALS 8

013800 CONSTRUCTION PHOTOGRAPHS 2

015000 TEMPORARY FACILITIES 12

vii

016000 MATERIALS AND EQUIPMENT 4

016310 PRODUCT SUBSTITUTIONS 4

017000 PROJECT CLOSE-OUT 6

017400 WARRANTIES AND BONDS 3

Facility Construction Subgroup

DIVISION 03 - CONCRETE

033000 CAST-IN-PLACE CONCRETE 9

Facility Services Subgroup

DIVISION 26 - ELECTRICAL

260010 GENERAL ELECTRICAL PROVISIONS 2

260011 SUBMITTAL IDENTIFICATION SHEET 1

260050 BASIC ELECTRIC MATERIALS AND METHODS 15

260110 RACEWAYS 7

260120 WIRES & CABLES 5

260130 BOXES 4

260133 TERMINAL CABINETS 3

260141 WIRING DEVICES 2

260170 CIRCUIT & MOTOR DISCONNECTS 2

260195 ELECTRICAL SYSTEMS IDENTIFICATION 4

260450 SECONDARY GROUNDING 2

260471 CIRCUIT BREAKER PANELBOARDS 3

260475 OVERCURRENT PROTECTIVE DEVICES 3

260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 5

260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION

STUDY

260574 POWER SYSTEM STUDIES 5

260950 TESTING 3

262200 LOW-VOLTAGE TRANSFORMERS 5

263213 DIESEL ENGINE GENERATORS 9

263600 AUTOMATIC TRANSFER SWITCHES 7

END OF TABLE OF CONTENTS

BITHLO COMMUNITY CENTER

000115 LIST OF DRAWING SHEETS 2

SPECIFICATIONS GROUP

General Requirements Subgroup

DIVISION 01 - GENERAL REQUIREMENTS

010100 SUMMARY OF WORK 5

viii

010270 APPLICATION FOR PAYMENT 4

010350 MODIFICATION PROCEDURES 3

010400 PROJECT COORDINATION 4

010450 CUTTING AND PATCHING 5

010950 REFERENCE STANDARDS AND DEFINITIONS 4

012000 PROJECT MEETINGS 4

013000 SUBMITTALS 8

013800 CONSTRUCTION PHOTOGRAPHS 2

015000 TEMPORARY FACILITIES 12

016000 MATERIALS AND EQUIPMENT 4

016310 PRODUCT SUBSTITUTIONS 4

017000 PROJECT CLOSE-OUT 6

017400 WARRANTIES AND BONDS 3

Facility Construction Subgroup

DIVISION 03 - CONCRETE

033000 CAST-IN-PLACE CONCRETE 9

Facility Services Subgroup

DIVISION 26 - ELECTRICAL

260010 GENERAL ELECTRICAL PROVISIONS 2

260011 SUBMITTAL IDENTIFICATION SHEET 2

260050 BASIC ELECTRIC MATERIALS AND METHODS 15

260110 RACEWAYS 7

260120 WIRES & CABLES 5

260130 BOXES 4

260133 TERMINAL CABINETS 3

260141 WIRING DEVICES 2

260170 CIRCUIT & MOTOR DISCONNECTS 2

260195 ELECTRICAL SYSTEMS IDENTIFICATION 4

260450 SECONDARY GROUNDING 2

260471 CIRCUIT BREAKER PANELBOARDS 3

260475 OVERCURRENT PROTECTIVE DEVICES 3

260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 5

260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION

STUDY

260574 POWER SYSTEM STUDIES 5

260950 TESTING 3

262200 LOW-VOLTAGE TRANSFORMERS 7

263600 AUTOMATIC TRANSFER SWITCHES 10

ix

BITHLO WATER TREATMENT PLANT

000115 LIST OF DRAWING SHEETS 2

SPECIFICATIONS GROUP

General Requirements Subgroup

DIVISION 01 - GENERAL REQUIREMENTS

010100 SUMMARY OF WORK 5

010270 APPLICATION FOR PAYMENT 4

010350 MODIFICATION PROCEDURES 3

010400 PROJECT COORDINATION 4

010450 CUTTING AND PATCHING 5

010950 REFERENCE STANDARDS AND DEFINITIONS 4

012000 PROJECT MEETINGS 4

013000 SUBMITTALS 8

013800 CONSTRUCTION PHOTOGRAPHS 2

015000 TEMPORARY FACILITIES 12

016000 MATERIALS AND EQUIPMENT 4

016310 PRODUCT SUBSTITUTIONS 4

017000 PROJECT CLOSE-OUT 6

017400 WARRANTIES AND BONDS 3

Facility Construction Subgroup

DIVISION 03 - CONCRETE

033000 CAST-IN-PLACE CONCRETE 9

Facility Services Subgroup

DIVISION 26 - ELECTRICAL

260010 GENERAL ELECTRICAL PROVISIONS 2

260011 SUBMITTAL IDENTIFICATION SHEET 1

260050 BASIC ELECTRIC MATERIALS AND METHODS 15

260110 RACEWAYS 7

260120 WIRES & CABLES 5

260130 BOXES 4

260133 TERMINAL CABINETS 3

260141 WIRING DEVICES 2

260170 CIRCUIT & MOTOR DISCONNECTS 2

260195 ELECTRICAL SYSTEMS IDENTIFICATION 4

260450 SECONDARY GROUNDING 2

260471 CIRCUIT BREAKER PANELBOARDS 3

260475 OVERCURRENT PROTECTIVE DEVICES 3

260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 5

x

260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION

STUDY

260574 POWER SYSTEM STUDIES 6

260950 TESTING 3

262200 LOW-VOLTAGE TRANSFORMERS 5

ORLANDO MAGIC GOLDENROD RECREATION CENTER

000115 LIST OF DRAWING SHEETS 1

SPECIFICATIONS GROUP

General Requirements Subgroup

DIVISION 01 - GENERAL REQUIREMENTS

010100 SUMMARY OF WORK 5

010270 APPLICATION FOR PAYMENT 4

010350 MODIFICATION PROCEDURES 3

010400 PROJECT COORDINATION 4

010450 CUTTING AND PATCHING 5

010950 REFERENCE STANDARDS AND DEFINITIONS 4

012000 PROJECT MEETINGS 4

013000 SUBMITTALS 9

013800 CONSTRUCTION PHOTOGRAPHS 2

015000 TEMPORARY FACILITIES 12

016000 MATERIALS AND EQUIPMENT 4

016310 PRODUCT SUBSTITUTIONS 4

017000 PROJECT CLOSE-OUT 6

017400 WARRANTIES AND BONDS 3

Facility Construction Subgroup

DIVISION 03 - CONCRETE

033000 CAST-IN-PLACE CONCRETE 9

Facility Services Subgroup

DIVISION 26 - ELECTRICAL

260010 GENERAL ELECTRICAL PROVISIONS 2

260011 SUBMITTAL IDENTIFICATION SHEET 1

260050 BASIC ELECTRIC MATERIALS AND METHODS 15

260110 RACEWAYS 7

260120 WIRES & CABLES 5

xi

260130 BOXES 4

260133 TERMINAL CABINETS 3

260141 WIRING DEVICES 2

260170 CIRCUIT & MOTOR DISCONNECTS 2

260195 ELECTRICAL SYSTEMS IDENTIFICATION 4

260450 SECONDARY GROUNDING 2

260471 CIRCUIT BREAKER PANELBOARDS 3

260475 OVERCURRENT PROTECTIVE DEVICES 3

260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 5

260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION

STUDY

260574 POWER SYSTEM STUDIES 7

260950 TESTING 3

ORLANDO MAGIC MEADOW WOODS RECREATION CENTER

000115 LIST OF DRAWING SHEETS 1

SPECIFICATIONS GROUP

General Requirements Subgroup

DIVISION 01 - GENERAL REQUIREMENTS

010100 SUMMARY OF WORK 5

010270 APPLICATION FOR PAYMENT 4

010350 MODIFICATION PROCEDURES 3

010400 PROJECT COORDINATION 4

010450 CUTTING AND PATCHING 5

010950 REFERENCE STANDARDS AND DEFINITIONS 4

012000 PROJECT MEETINGS 4

013000 SUBMITTALS 9

013800 CONSTRUCTION PHOTOGRAPHS 2

015000 TEMPORARY FACILITIES 12

016000 MATERIALS AND EQUIPMENT 4

016310 PRODUCT SUBSTITUTIONS 4

017000 PROJECT CLOSE-OUT 6

017400 WARRANTIES AND BONDS 3

Facility Construction Subgroup

DIVISION 03 - CONCRETE

033000 CAST-IN-PLACE CONCRETE 9

xii

Facility Services Subgroup

DIVISION 26 - ELECTRICAL

260010 GENERAL ELECTRICAL PROVISIONS 2

260011 SUBMITTAL IDENTIFICATION 1

260050 BASIC ELECTRIC MATERIALS AND METHODS 15

260110 RACEWAYS 7

260120 WIRES & CABLES 5

260130 BOXES 4

260133 TERMINAL CABINETS 3

260141 WIRING DEVICES 2

260170 CIRCUIT & MOTOR DISCONNECTS 2

260195 ELECTRICAL SYSTEMS IDENTIFICATION 4

260450 SECONDARY GROUNDING 2

260471 CIRCUIT BREAKER PANELBOARDS 3

260475 OVERCURRENT PROTECTIVE DEVICES 3

260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 5

260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION

STUDY

260574 POWER SYSTEM STUDIES 5

260950 TESTING 3

263213 DIESEL ENGINE GENERATORS 9

ORLANDO MAGIC WEST ORANGE RECREATION CENTER

000115 LIST OF DRAWING SHEETS 1

SPECIFICATIONS GROUP

General Requirements Subgroup

DIVISION 01 - GENERAL REQUIREMENTS

010100 SUMMARY OF WORK 5

010270 APPLICATION FOR PAYMENT 4

010350 MODIFICATION PROCEDURES 3

010400 PROJECT COORDINATION 4

010450 CUTTING AND PATCHING 5

010950 REFERENCE STANDARDS AND DEFINITIONS 4

012000 PROJECT MEETINGS 4

013000 SUBMITTALS 9

013800 CONSTRUCTION PHOTOGRAPHS 2

015000 TEMPORARY FACILITIES 12

016000 MATERIALS AND EQUIPMENT 4

016310 PRODUCT SUBSTITUTIONS 4

xiii

017000 PROJECT CLOSE-OUT 6

017400 WARRANTIES AND BONDS 3

Facility Construction Subgroup

DIVISION 03 - CONCRETE

033000 CAST-IN-PLACE CONCRETE 9

Facility Services Subgroup

DIVISION 26 - ELECTRICAL

260010 GENERAL ELECTRICAL PROVISIONS 2

260011 SUBMITTAL IDENTIFICATION 1

260050 BASIC ELECTRIC MATERIALS AND METHODS 15

260110 RACEWAYS 7

260120 WIRES & CABLES 5

260130 BOXES 4

260133 TERMINAL CABINETS 3

260141 WIRING DEVICES 2

260170 CIRCUIT & MOTOR DISCONNECTS 2

260195 ELECTRICAL SYSTEMS IDENTIFICATION 4

260450 SECONDARY GROUNDING 2

260471 CIRCUIT BREAKER PANELBOARDS 3

260475 OVERCURRENT PROTECTIVE DEVICES 3

260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 5

260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION

STUDY

260574 POWER SYSTEM STUDIES 5

260950 TESTING 3

ORLANDO MAGIC SOUTH ECON RECREATION CENTER

000115 LIST OF DRAWING SHEETS 1

SPECIFICATIONS GROUP

General Requirements Subgroup

DIVISION 01 - GENERAL REQUIREMENTS

010100 SUMMARY OF WORK 5

010270 APPLICATION FOR PAYMENT 4

010350 MODIFICATION PROCEDURES 3

010400 PROJECT COORDINATION 4

010450 CUTTING AND PATCHING 5

xiv

010950 REFERENCE STANDARDS AND DEFINITIONS 4

012000 PROJECT MEETINGS 4

013000 SUBMITTALS 8

013800 CONSTRUCTION PHOTOGRAPHS 2

015000 TEMPORARY FACILITIES 12

016000 MATERIALS AND EQUIPMENT 4

016310 PRODUCT SUBSTITUTIONS 4

017000 PROJECT CLOSE-OUT 6

017400 WARRANTIES AND BONDS 3

Facility Construction Subgroup

DIVISION 03 - CONCRETE

033000 CAST-IN-PLACE CONCRETE 9

Facility Services Subgroup

DIVISION 26 - ELECTRICAL

260010 GENERAL ELECTRICAL PROVISIONS 2

260011 SUBMITTAL IDENTIFICATION SHEET 2

260050 BASIC ELECTRIC MATERIALS AND METHODS 15

260110 RACEWAYS 7

260120 WIRES & CABLES 5

260130 BOXES 4

260133 TERMINAL CABINETS 3

260141 WIRING DEVICES 2

260170 CIRCUIT & MOTOR DISCONNECTS 2

260195 ELECTRICAL SYSTEMS IDENTIFICATION 4

260450 SECONDARY GROUNDING 2

260471 CIRCUIT BREAKER PANELBOARDS 3

260475 OVERCURRENT PROTECTIVE DEVICES 3

260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 5

260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION

STUDY

260574 POWER SYSTEM STUDIES 7

260950 TESTING 3

263213 DIESEL ENGINE GENERATORS 8

ORLANDO MAGIC SILVER STAR RECREATION CENTER

000115 LIST OF DRAWING SHEETS 1

SPECIFICATIONS GROUP

General Requirements Subgroup xv

DIVISION 01 - GENERAL REQUIREMENTS

010100 SUMMARY OF WORK 5

010270 APPLICATION FOR PAYMENT 4

010350 MODIFICATION PROCEDURES 3

010400 PROJECT COORDINATION 4

010450 CUTTING AND PATCHING 5

010950 REFERENCE STANDARDS AND DEFINITIONS 4

012000 PROJECT MEETINGS 4

013000 SUBMITTALS 8

013800 CONSTRUCTION PHOTOGRAPHS 2

015000 TEMPORARY FACILITIES 12

016000 MATERIALS AND EQUIPMENT 4

016310 PRODUCT SUBSTITUTIONS 3

017000 PROJECT CLOSE-OUT 6

017400 WARRANTIES AND BONDS 3

Facility Construction Subgroup

DIVISION 03 - CONCRETE

033000 CAST-IN-PLACE CONCRETE 9

Facility Services Subgroup

DIVISION 26 - ELECTRICAL

260010 GENERAL ELECTRICAL PROVISIONS 2

260011 SUBMITTAL IDENTIFICATION SHEET 1

260050 BASIC ELECTRIC MATERIALS AND METHODS 13

260110 RACEWAYS 6

260120 WIRES & CABLES 5

260130 BOXES 4

260133 TERMINAL CABINETS 3

260141 WIRING DEVICES 2

260170 CIRCUIT & MOTOR DISCONNECTS 2

260195 ELECTRICAL SYSTEMS IDENTIFICATION 4

260450 SECONDARY GROUNDING 2

260471 CIRCUIT BREAKER PANELBOARDS 3

260475 OVERCURRENT PROTECTIVE DEVICES 3

260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 5

260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION

STUDY

260574 POWER SYSTEM STUDIES 7

260950 TESTING 3

263213 DIESEL ENGINE GENERATORS 7

xvi

INDEX OF DRAWINGS

BARNETT PARK GYMNASIUM

BITHLO COMMUNITY CENTER

xvii

BITHLO WATER TREATMENT PLANT

ORLANDO MAGIC GOLDENROD RECREATION CENTER

xviii

ORLANDO MAGIC MEADOW WOODS RECREATION CENTER

ORLANDO MAGIC WEST ORANGE RECREATION CENTER

xix

ORLANDO MAGIC SOUTH ECON RECREATION CENTER

ORLANDO MAGIC SILVER STAR RECREATION CENTER

EXHIBITS

INSURANCE SAMPLE DOCUMENTS EXHIBIT(S) A-G

OWNER DIRECT PURCHASE PROVISION EXHIBIT H

THIS PAGE INTENTIONALLY LEFT BLANK

ISSUED: January 10, 2022

NOTICE

INVITATION FOR BIDS NO. Y22-765-FH

INSTALLATION OF EMERGENCY GENERATOR SYSTEMS AT VARIOUS ORANGE

COUNTY EMERGENCY SHELTERS

Sealed bid offers (Original Bid Form, one (1) complete copy, and one (1) electronic copy on USB drive) for furnishing the above will be accepted up to 4:00 PM, February 15, 2022, via the electronic submission portal at https://secure.procurenow.com/portal/orangecountyfl, or in the Procurement Division; Internal Operations Centre II, 400 E. South Street; 2nd Floor, Orlando, FL 32801. Bids will be opened per the public meeting notice.

Bid Documents are available in the following formats:

1. Please visit the following link to access this Invitation for Bids, opportunities are listed by number and title.

2. Complete bid documents may be obtained from the Procurement Division, by contacting (407) 836-5635. The documents are available for a cost of $50 non-refundable.

3. A printed copy of the basic solicitation documents and a CD containing the construction plans and specifications are available for a cost of $10 per CD non-refundable.

A Non-Mandatory Virtual Pre-Bid Meeting will be held on January 21, 2021, at 11:00

AM.

NON-MANDATORY PRE-PROPOSAL CONFERENCE MEETING LINK

Meeting number: 2462 490 0126 Password: Go2Meeting

More ways to join:

Join by video system Dial 24624900126@ocfl.webex.com You can also dial 173.243.2.68 and enter your meeting number.

Join by phone 1-408-792-6300 Call-in number (US/Canada) Access code: 2462 490 0126

SCOPE OF WORK: Installation of wiring, concrete, and labor of new generators at eight (8) different locations throughout Orange County.

PROJECT LOCATION: Eight (8) different locations throughout Orange County.

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

Manager, Procurement Division 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 submit the bid in four parts (original Bid Form, marked original, with attachments, one (1) copies and one (1) electronic copy on USB drive,of the Bid Form and all attachments) and indicate the base bid price and any alternative(s) that may be included in the proper space(s).

The estimated total 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 may be submitted via the electronic submission portal at:

https://secure.procurenow.com/portal/orangecountyfl, or in the Procurement Division; Internal Operations Centre II, 400 E. South Street;

2nd Floor, Orlando, FL 32801, prior to the submission timeline as specified in Part B. Bids will be opened per the public meeting notice.

Bids received after the date and time specified will be returned unopened.

The time/date stamp clock located in the Procurement Division shall serve as the official authority to determine lateness of any bids.

Respondents are cautioned that they are responsible for delivery to the specific location cited above. Therefore, if your bid, proposal or quotation is delivered by an express mail carrier or by any other means, it is your responsibility to ensure delivery to the above address. This office will not be responsible for deliveries made to any place other than the specified address.

The delivery of said bid to the Procurement Division prior to the time and date stated in Part A is solely and strictly the responsibility of the Bidder.

The County shall not be responsible for delays in delivery to the Procurement Division caused by the United States Postal Service or courier service, delivery to any other County Office or delays caused by any other occurrence. The bid delivery time will be scrupulously observed. Under no circumstances will bid proposals delivered after the delivery time specified be considered.

The decision to refuse to consider a bid or proposal 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-2

Bidders should indicate on the sealed envelope the following:

1. Invitation for Bids Number

2. Due Date of Bid Submittal

3. Name of Bidder

4. Return Address of the Bidder

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

d. All bids must be manually and duly signed by an authorized corporate officer, principal, or partner (as applicable) with their signature in full.

When a firm is a Bidder, the bid proposals shall be signed in the name of the firm by one or more of the partners. When a corporation 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 their authority to do so. 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 Proposal. Failure to promptly submit this evidence or qualification to do business in the State of Florida may be basis for rejection of the Bid Proposal.

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

f. Bids may be withdrawn by written request dispatched by the Bidder and received by the Manager of the County Procurement Division 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 proposal has been opened by the County. A Bidder may not withdraw or modify a bid proposal after the appointed bid proposal opening and such bid proposal must be in force for ninety (90) days after the bid opening. Bidders may not assign or otherwise transfer their bid proposals.

g. At the time and place fixed for the opening of bid proposals, every bid proposal properly delivered within the time fixed for receiving bid proposals 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.

h. A Bid, Payment and Performance Bond are a requirement of the IFB when the bid/contract amount exceeds $100,000. Firms utilizing electronic submission 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.

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 Tracy.Attenasio@ocfl.net, no later than 5:00 PM on January 31, 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:Tracy.Attenasio@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 the 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 the project continue to be, afforded subcontracting opportunities. These affirmative steps are:

C-5

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 Health and Human Services funds). The ability for that awarded contractor/sub-recipient to be awarded federally funded contracts in the http://dsbs.sba.gov/

C-6 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 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 place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

C-7

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.

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

C-8 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 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.

C-9

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

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.

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

C-10

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 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

C-11 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 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.

C-12

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…