Y22-777.pdf

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IFB NO. Y22-777-TA ISSUED: FEBRUARY 9, 2022

INVITATION FOR BIDS

FOR

PUMP STATION IMPROVEMENTS PACKAGE 24

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 – MARCH 15, 2022

To:

ORANGE COUNTY, FLORIDA

INTERNAL OPERATIONS CENTRE II

PROCUREMENT DIVISION

400 E. SOUTH STREET- 2nd FLOOR

ORLANDO, FLORIDA 32801

A Virtual Non - Mandatory Pre-Bid Conference – February 18, 2022 at 10:00 VIA Webex Events:

https://ocfl.webex.com/ocfl/j.php?MTID=mf76a60280b0da61249199d5901e1d641

Meeting number: 2466 840 8846 Password: dcRpGEpJ299

Join by phone 1-408-792-6300 Call-in toll number (US/Canada)

Access code: 246 684 08846 Interested bidders are encouraged to attend.

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. All bidders, for construction and professional services formal solicitations, are required to successfully demonstrate Good https://secure.procurenow.com/portal/orangecountyfl https://ocfl.webex.com/ocfl/j.php?MTID=mf76a60280b0da61249199d5901e1d641 ii

Faith Effort, or they shall be deemed non-responsive by the Procurement Manager.

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 (407) 836-5696, Tracy.Attenasio@ocfl.net

PART A

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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. MINORITY/WOMEN OWNED BUSINESS ENTERPRISE C-4

4. BID PREFERENCE FOR REGISTERED SERVICE-DISABLED

VETERANS (SDV) C-11

5. BID ERRORS C-11

6. DEVIATIONS C-11

7. SUBSTITUTE MATERIAL AND EQUIPMENT C-11

8. REQUESTED INFORMATION/DESCRIPTIVE LITERATURE C-11

9. AWARD OF CONTRACT/REJECTION OF BIDS C-12

10. POSTING OF RECOMMENDED AWARD C-13

11. CONTRACT DOCUMENTS C-13

12. MODIFICATION/ALTERATION OF SOLICITATION C-13

13. LAWS AND REGULATIONS C-13

14. REQUIRED DISCLOSURE C-14

15. EXECUTION OF WRITTEN AGREEMENT C-14

16. LICENSING REQUIREMENTS C-15

17. SECURITY FORFEITURE C-15

18. PERFORMANCE BOND AND PAYMENT BOND C-15

19. QUALIFICATIONS OF SURETY COMPANIES C-16

20. TRENCH SAFETY ACT C-16

21. DRUG FREE WORKPLACE C-17

22. BID TABULATION AND RECOMMENDED AWARD C-17

23. INDEMNIFICATION FOR TORT ACTIONS C-17

24. OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.) C-17

25. PUBLIC ENTITY CRIME STATEMENT C-17

26. SUBCONTRACTOR/SUPPLIER INFORMATION C-18

27. SUBCONTRACTOR’S PAST PERFORMANCE C-18

28. REFERENCES C-18

29. BID & RELATED COSTS C-19

30. SOLICITATION CANCELLATIONS C-19

31. LICENSES/PERMITS/FEES C-19

32. BID ACCEPTANCE PERIOD C-20

33. EQUAL OPPORTUNITY C-20

34. ETHICS COMPLIANCE C-20

35. TOBACCO FREE CAMPUS C-21

36. VERIFICATION OF EMPLOYMENT STATUS C-21

37. PROPRIETARY INFORMATION C-21

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38. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION C-22

39. FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY

COMPLAINTS C-22

PART DESCRIPTION PAGE

D BID FORM

OFFICIAL BID FORM D-1

NON-COLLUSION AFFIDAVIT ATTACHMENT A

REQUIRED DISCLOSURE ATTACHMENT B

M/WBE REQUIREMENTS 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

BID BOND EXHIBIT 1

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-7

ARTICLE 9 - CONTRACTOR'S RESPONSIBILITIES F-13

ARTICLE 10 - WORK BY OTHERS F-19

ARTICLE 11 - PROJECT OWNER'S STATUS

DURING CONSTRUCTION F-22

ARTICLE 12 - CHANGES IN THE WORK F-22

ARTICLE 13 - CHANGE OF CONTRACT AMOUNT/CONTRACT TIME F-23

ARTICLE 14 - CONDITION OF MATERIALS & PACKAGING F-30

ARTICLE 15 - ASBESTOS FREE MATERIALS F-30

ARTICLE 16 - WARRANTY/ACCEPTANCE OF DEFECTIVE WORK F-30

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ARTICLE 17 – DELAYS AND EXTENSION OF TIME F-33

ARTICLE 18 - PAYMENT AND COMPLETION F-34

ARTICLE 19 - SUSPENSION OF WORK AND TERMINATION F-41

ARTICLE 20 - MAINTENANCE AND EXAMINATION OF RECORDS F-43

ARTICLE 21 – MINORITY/WOMEN OWNED BUSINESS ENTERPRISE

REQUIREMENTS AND SMALL BUSINESS PROVISIONS F-45

ARTICLE 22 - FEDERAL REQUIREMENTS F-47

ARTICLE 23 – VERBAL ORDERS F-48

ARTICLE 24 – MISCELLANEOUS F-49

ARTICLE 25 – CONTRACT CLAIMS F-51

ARTICLE 26 – VALUE ENGINEERING F-51

ARTICLE 27 – PATENTS AND ROYALTIES F-56

ARTICLE 28 – OWNER DIRECT PURCHASES F-57

ARTICLE 29 – PUBLIC RECORDS COMPLIANCE (APPLICABLE FOR

SERVICE CONTRACTS) F-57

G SUPPLEMENTAL CONDITIONS / SPECIAL PROVISIONS

NOT USED

H TECHNICAL PROVISIONS (SPECIFICATIONS)

H

TECHNICAL PROVISIONS (SPECIFICATIONS)

DIVISION 1 - GENERAL REQUIREMENTS

01001 General Work Requirements rev February, 2015 01010 Summary of Work rev May, 2019 01021 Soils Report and Other Information 01025 Measurement and Payment rev June, 2019 01027 Applications for Payment rev January, 2016 01050 Surveying and Field Engineering rev January, 2016 01065 Permits and Fees rev November, 2012 01070 Abbreviations and Symbols 01091 Reference Specifications 01200 Project Meetings rev January, 2016 01300 Submittals 01301 Product Substitutions 01310 Progress Schedules rev May, 2013 01370 Schedule of Values rev December, 2014 01380 Audio-Visual Documentation 01400 Quality Control 01410 Testing and Testing Laboratory Services rev December, 2014 01516 Collection System Bypass rev November, 2012 01560 Erosion and Sedimentation Control rev November, 2012 01570 Maintenance of Traffic rev March, 2015 01580 Project Identification and Signs rev April 2019 01610 Delivery, Storage, and Handling 01650 Pump Station Start-up and Testing rev November, 2012 01700 Project Closeout 01720 Project Record Documents rev January, 2016 01730 Pump Station Operation and Maintenance Manual vi

01740 Warranties and Bonds

DIVISION 2 - SITE WORK

02050 Demolition of Existing Structures 02080 Abandonment, Removal and Salvage or Disposal of Existing Pipe 02100 Temporary Erosion and Sedimentation Control 02140 Dewatering 02215 Finish Grading 02220 Excavating, Backfilling and Compacting

Roadwork 02570 Stabilized Subgrade 02572 Soil Cement Base 02573 Asphalt Pavement Removal and Replacement 02576 Concrete Sidewalks and Driveways 02578 Solid Sodding

Pressure Pipe 02660 Potable Water System 02661 Wastewater Force Mains

Wastewater Gravity System Inspection 02761 Cleaning Sanitary Sewer Systems rev May, 2013 02762 Televising Sanitary Sewer Systems rev May, 2013 02764 Televising Existing Manholes

Wastewater Gravity System 02771 Cure-In-Place Pipe for Sanitary Sewer Renewal rev February, 2015 02774 Wastewater Gravity Collection System rev June, 2013 02775 Wastewater Manhole Rehabilitation rev February, 2015

Pump Station 02784 Chain Link Fences and Gates

DIVISION 3 - CONCRETE

03100 Concrete Formwork 03200 Concrete Reinforcement 03300 Cast-in-Place Concrete 03410 Precast Concrete Structures 03600 Grouting

DIVISION 4 – MASONRY NOT USED

DIVISION 5 – METALS -NOT USED

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DIVISION 6 - WOOD, PLASTICS, AND COMPOSITES - NOT USED

DIVISION 7 - THERMAL AND MOISTURE PROTECTION - NOT USED

DIVISION 8 - OPENINGS

08350 Access Hatch Doors

DIVISION 9 - FINISHES

09865 Surface Preparation and Shop Prime Painting 09901 Coatings and Linings rev January, 2016 09905 Pump Station Valve Identification System 09910 Prefabricated Fiberglass Liners 09960 High Performance Ferrous Metal Coatings rev January, 2016

DIVISION 10 - SPECIALTIES - NOT USED

DIVISION 11 – EQUIPMENT

11305 Submersible Pumps and Appurtenances rev May, 2014 11305-A Submersible Pump Schedule June, 2019 11310 Packaged Two-Stage Odor Control System

DIVISION 12 - FURNISHINGS - NOT USED

DIVISION 13 - SPECIAL CONSTRUCTION

13423 Level Measurement 13430 Pump Station Control Panels rev September, 2013 13431 Pump Station SCADA Control Panels rev March, 2019

DIVISION 14 - CONVEYING EQUIPMENT - NOT USED

DIVISION 15 - MECHANICAL

15062 Ductile Iron Pipe and Fittings 15064 Polyvinyl Chloride (PVC) Pipe and Fittings rev August, 2014 15065 Stainless Steel Pipe and Fittings 15100 Ancillary Equipment 15105 Check Valves 15110 Plug Valves 15600 Generator Fuel Storage System

DIVISION 16 – ELECTRICAL

16010 Electrical General Provisions 16110 Raceways 16120 Wires and Cables 16135 Electrical Boxes and Fittings viii

16142 Electrical Connections for Equipment 16143 Wiring Devices 16170 Circuit and Motor Disconnects 16180 Over Current Protective Devices 16190 Supporting Devices 16195 Electrical Identification 16420 Service Entrance 16450 Grounding 17166 Field Testing rev March 2019

APPENDIX

APPENDIX A GEOTECHNICAL ENGINEERING REPORT (title sheet) rev January, 2016

Appendix A Geotechnical Report (geotechnical investigation)

APPENDIX B FORMS (title sheet) rev January, 2016 Appendix B Digital Data Submission rev January, 2016 Appendix B Pressure Test rev January, 2016 Appendix B Pump Station Start-Up rev January, 2016

APPENDIX C PERMITS OBTAINED BY COUNTY (title sheet) rev January, 2016

FDEP

APPENDIX D LIST OF APPROVED PRODUCTS (title sheet) rev January, 2016 Appendix D Orange County Utilities - List of Approved Products (February 11, 2011)

APPENDIX E NOT USED

APPENDIX F NOT USED

APPENDIX G DEWATERING DISCHARGE OFF-SITE (title sheet) rev January, Appendix G FDEP Generic Permit for the Discharge of Produced Groundwater From a Non-Contaminated Site Activity

Appendix G FDEP Notice of New Method for Mercury Testing Appendix G Memo – EPA –Analytical Methods for Mercury in NPDES Permits Appendix G Orange County EPD Work Instruction

Appendix H H-7 IFT DI Points List and Wiring Check-off Worksheet Appendix H H-8 IFT DI Points List and Wiring Check-off Worksheet Appendix H H-9 IFT DI Points List and Wiring Check-off Worksheet Appendix H H-10 Profinet Cable Validation Report Appendix H H-16 Construction Assistance Request ix

INDEX OF DRAWINGS

1 G-100 COVER

2 G-101 GENERAL CONSTRUCTION NOTES

3 G-102 MAINTENANCE OF TRAFFIC (MOT) NOTES

4 G-103 UTILITY CONTACTS, LEGEND AND ABBREVIATIONS

5 G-104 PROJECT LOCATION MAP

6 G-105 SITE LOCATION MAPS

7 V-100 PS3083 KINGFISH VICINITY MAP, LEGEND & GENERAL NOTES

8 V-101 PS3083 KINGFISH BOUNDARY AND TOPOGRAPHIC SURVEY

9 V-200 PS3235 MING VICINITY MAP, LEGEND & GENERAL NOTES

10 V-201 PS3235 MING TOPOGRAPHIC SURVEY

11 V-300 PS3239 ST PARTIN VICINITY MAP, LEGEND & GENERAL NOTES

12 V-301 PS3239 ST PARTIN BOUNDARY AND TOPOGRAPHIC SURVEY

13 V-400 PS3382 MARK TWAIN VICINITY MAP, LEGEND & GENERAL NOTES

14 V-401 PS3382 MARK TWAIN BOUNDARY AND TOPOGRAPHIC SURVEY

15 V-500 PS3864 STONEYBROOK VICINITY MAP, LEGEND & GENERAL NOTES

16 V-501 PS3864 STONEYBROOK BOUNDARY AND TOPOGRAPHIC SURVEY

17 C-100 PS3083 (KINGFISH) DEMOLITION PLAN

18 C-101 PS3083 (KINGFISH) SITE PLAN

19 C-102 PS3083 (KINGFISH) PLAN & PROFILE

20 C-200 PS3235 (MING) DEMOLITION PLAN

21 C-201 PS3235 (MING) SITE PLAN

22 C-202 PS3235 (MING) PLAN & PROFILE

23 C-300 PS3239 (ST PARTIN) DEMOLITION PLAN

24 C-301 PS3239 (ST PARTIN) SITE PLAN

25 C-302 PS3239 (ST PARTIN) SEDIMENT & EROSION CONTROL PLAN

26 C-400 PS3382 (MARK TWAIN) DEMOLITION PLAN

27 C-401 PS3382 (MARK TWAIN) SITE PLAN

28 C-500 PS3864 (STONYEBROOK) DEMOLITION PLAN

29 C-501 PS3864 (STONEYBROOK) SITE PLAN

30 P-100 PS3083 (KINGFISH) PUMP STATION DETAILS

31 P-200 PS3235 (MING PUMP) STATION DETAILS

32 P-300 PS3239 (ST PARTIN PUMP) STATION DETAILS

33 P-400 PS3382 (MARK TWAIN) PUMP STATION DETAILS

34 P-500 PS3864 (STONEYBROOK) PUMP STATION DETAILS

35 D-100 CONSTRUCTION DETAIL

36 D-101 CONSTRUCTION DETAIL

37 D-102 WASTEWATER DETAILS

38 D-103 WASTEWATER DETAILS

39 D-104 PUMP STATION DETAILS

40 D-105 PUMP STATION DETAILS

41 D-106 EROSION & SEDIMENT CONTROL DETAILS

42 D-107 ADA SIDEWALK DETAILS

43 E-001 ELECTRICAL NOTES SYMBOLS AND ABBREVIATIONS

44 E-100 PS3083 (KINGFISH) SINGLE LINE DIAGRAM

45 E-101 PS3083 (KINGFISH) ELECTRICAL DEMOLITION PLAN

46 E-102 PS3083 (KINGFISH) ELECTRICAL PLAN

47 E-200 PS3235 (MING) SINGLE LINE DIAGRAM

48 E-201 PS3235 (MING) ELECTRICAL DEMOLITION PLAN

49 E-202 PS3235 (MING) ELECTRICAL PLAN

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50 E-300 PS3239 (ST PARTIN) SINGLE LINE DIAGRAM

51 E-301 PS3239 (ST PARTIN) ELECTRICAL DEMOLITION PLAN

52 E-302 PS3239 (ST PARTIN) ELECTRICAL PLAN

53 E-400 PS3382 (MARK TWAIN) SINGLE LINE DIAGRAM

54 E-401 PS3382 (MARK TWAIN) ELECTRICAL DEMOLITION PLAN

55 E-402 PS3382 (MARK TWAIN) ELECTRICAL PLAN

56 E-500 PS3864 (STONEYBROOK) SINGLE LINE DIAGRAM

57 E-501 PS3864 (STONEYBROOK) ELECTRICAL DEMOLITION PLAN

58 E-502 PS3864 (STONEYBROOK) ELECTRICAL PLAN

59 E-600 ELECTRICAL DETAILS-1

60 E-601 ELECTRICAL DETAILS-2

61 E-602 ELECTRICAL DETAILS-3

62 E-603 ELECTRICAL DETAILS-4

63 E-604 ELECTRICAL DETAILS-5

64 X-100 ASSET TABLE

65 X-101 ASSET TABLE

THIS PAGE INTENTIONALLY LEFT BLANK

ISSUED: FEBRUARY 9, 2022

NOTICE

INVITATION FOR BIDS NO. Y22-777-TA

PUMP STATION IMPROVEMENTS PACKAGE 24

Sealed bid offers (Original Bid Form and one (1) complete copy) for furnishing the above will be accepted up to 4:00 PM, MARCH 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.

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

2. Complete bid documents may be obtained from the Procurement Division, Internal Operations Centre II, 400 E. South Street, 2nd floor, Orlando, FL 32801.

Phone (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 Virtual Non-Mandatory Pre-Bid Conference will be held on February 11, 2022 at 10:00 A.M. via Webex Events:

https://ocfl.webex.com/ocfl/j.php?MTID=mf76a60280b0da61249199d5901e1d641

Meeting number: 2466 840 8846 Password: dcRpGEpJ299

Join by phone 1-408-792-6300 Call-in toll number (US/Canada) Access code: 246 684 08846 Interested bidders are encouraged to attend.

SCOPE OF WORK: Improvements to five (5) duplex pump stations. The improvements to three (3) of the pump stations include the installation of liners in the wet wells, replacement of pumps, riser and discharge piping, valves, and electrical systems. Two of the pump stations require new wet wells in addition to the work above.

PROJECT LOCATION: Multiple sites throughout Orange County, Florida.

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

https://secure.procurenow.com/portal/orangecountyfl https://ocfl.webex.com/ocfl/j.php?MTID=mf76a60280b0da61249199d5901e1d641

Manager, Procurement Division

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) copy 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 Submittals

3. Name of Bidder

4. Return Address of the Bidder

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

d. All bid must be manually and duly signed by an authorized corporate officer, principal, or partner (as applicable) with his signature in full. When a firm is a Bidder, the bids 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 his 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. 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 by written or telecopied requests 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 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 one hundred twenty (120) 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 delivered 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.

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 Exhibit 1 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 February 28, 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.

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. MINORITY/WOMEN OWNED BUSINESS ENTERPRISES:

a. To provide for the participation of certified minority and women owned businesses (M/WBE’s) in the County’s procurement of construction services, Bidders submitting bids to the County are urged to comply with M/WBE subcontracting goals established by the County Minority/Women Business Enterprise Ordinance, No. 94-02 and amended by Ordinance No.2009-21. The overall goal for all bids (inclusive of all additive and deductive alternates) is 13% participation of the contract value for this contract for M/WBE subcontractors and suppliers. Upon Contract award the Contractor must meet the M/WBE expenditure required by the Contract. Each M/WBE utilized to meet the project goal must be listed as a subcontractor on Attachment C-2. If there are any pre-qualifications required by the firm, then this must be provided to the M/WBE when they are solicited for interest in the bid. This required information must be completed prior to bid submittal.

The Ordinance also addresses minority/women group employment levels setting goals to encourage each Bidder to maintain 18% minority and 6% women employees.

Note: Only 50% of material/supply dollars purchased from M/WBE distributors is applied toward the goals for minority and women business enterprise participation on construction projects. Contractor shall list the total amount of material/supply dollars to be purchased from each M/WBE distributor on the Subcontractor/Supplier Page (Attachment C-2).

The County will calculate the actual dollars applied toward the goals.

b. NOTICE: Goals for bids under $100,000

There are M/WBE goals for all bids including bids for IFB estimated to be less than $100,000 (inclusive of all additive and deductive alternates).

C-5

c. All participating M/WBE's must be certified by Orange County. The Business Development M/WBE Directory is available by e-mail or through the Orange County web site at Orangecountyfl.net.

Only firms having established offices in the Orlando MSA (Orange, Lake, Seminole and Osceola Counties) are eligible for Orange County certification.

All firms must be certified prior to bid opening and must be certified in the area(s) for which they will be used. If a firm claims to be certified, but is not listed in the Directory, Contractor should obtain a copy of their Certificate and/or contact the Business Development Division Liaison for verification of certification.

d. M/WBE Bidders competing as primes

If an M/WBE firm bidding as a prime certifies with his/her bid that it will self-perform 51% percent or more of the project, as evidenced by Attachment C-2, then that firm will not be required to comply with the M/WBE subcontracting goals.

Failure to include the percentage of work and the scope of work to be self-performed, and the dollar amount for the work an M/WBE Bidder competing as a prime intends to self-perform will result in the M/WBE Bidder receiving zero M/WBE participation for the bid.

However, if the M/WBE Bidder will not be self-performing at least 51% percent of the project, then he/she must comply with the M/WBE participation goal, and good faith effort documentation required from non-M/WBE Bidders to receive M/WBE compliance consideration.

e. Subcontracts/Purchase Orders

The successful Bidder shall provide a copy of all fully executed subcontracts and/or purchase orders issued to M/WBE’s listed on Attachment C-2 to the Business Development Division Liaison. Submittal of these subcontracts/purchase orders is a condition precedent to execution of the prime Contract by the County.

The Contractor must include in the subcontract agreement:

1.) Prompt Payment Clause to the M/WBE subcontractor.

2.) Payment schedule in all subcontracts and purchase orders (including those with non M/WBE's) stating that payment will be made to the Subcontractor/suppliers within 72 hours of receipt of payment from the County.

3.) The sub-contract agreement shall include: (a) the percentage of the overall contract value; and (b) the dollar amount based on the percentage of the contract value (if available at the time of the sub-contract agreement).

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4.) The following statement: “It is the M/WBE responsibility to submit the required subcontractor’s Monthly M/WBE workforce reports to the prime, monthly payment verification and Final M/WBE payment verification form to Business Development Division.”

The M/WBE’s failure to submit the required documents could negatively impact their M/WBE re-certification.

5.) Notwithstanding any termination provisions in this Subcontract

Agreement, the Prime Contractor shall not terminate this Subcontract Agreement without prior written authorization of the Orange County Business Development Division Manager, nor shall the Prime Contractor amend this Subcontract Agreement, or reduce the Scope of Work or monetary value awarded under this Subcontract Agreement, without prior written authorization of the Orange County Business Development Manager.

6.) All sub-contract agreements shall be contingent upon the term

(whether terminated, renewed or extended) of the Prime’s contract with the County.

The awarded prime contractor’s responsibilities and requirement are as follows:

i. File copies of all executed subcontracts/agreements between the prime and all M/WBE subcontractors on the project to Orange County Business Division one time for the duration of the contract.

ii. The Contractor shall submit an updated Prime Monthly Contractor’s Workforce Report, Subcontractor’s Workforce Report and Monthly Prime Contractor’s Report for all construction contracts monthly, and any additional reports deemed by the County as necessary for M/WBE subcontractor utilization reporting purposes.

iii. The Contractor shall notify the Business Development Division of any additional awards to the M/WBE firm on the Contractor’s team and the addition of any new M/WBE firm to the Contractor’s team on the project.

iv. The Contractor shall expeditiously advise all M/WBE’s and the Business Development Division of all change orders, contract modifications, additions and deletions to any and all contracts issued to the M/WBE(s) on the team.

v. Furnish copies of subcontracts/purchase orders for the non-M/WBE’s listed on Attachment C-2. Also, provide a list of all non-M/WBE subcontractors and suppliers that have a prompt payment clause included in their subcontract agreement or purchase order.

vi. Notwithstanding any termination provisions in this Subcontract Agreement, the Prime Contractor shall not terminate this Subcontract Agreement without prior written authorization of the Orange County Business Development Division Manager, nor shall the Prime Contractor amend this Subcontract Agreement, or reduce the Scope of Work or monetary value awarded under this Subcontract

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Agreement, without prior written authorization of the Orange County Business Development Manager.

Execution of the contract between Orange County and the bidder shall be contingent upon the filing of executed subcontract(s) between the bidder and the M/WBE subs listed on Form C-2 and included on Form C-3 with the Business Development Division.

The County may, at its discretion, require copies of subcontracts/purchase orders for the non-M/WBE's listed on Attachment C-2. However, if this option is not exercised, the awarded Contractor must provide a list of all non-M/WBE Subcontractors and suppliers certifying that a prompt payment clause has been included in that Contract or purchase order.

f. Good Faith Effort Documentation Requirements -

If the established goals (reference paragraph 3.a above) are not achieved, to maximize consideration for MWBE participation, Bidders must provide with the bid sufficient documentation to substantiate that ALL FIVE of the mandatory efforts listed below were undertaken. Bidders meeting or exceeding the goals need not provide good faith effort documentation. If the bidder does not achieve the M/WBE goal, Good Faith Effort documentation is required. If Good Faith Effort documentation is not submitted to address all five (5) requirements, the bid shall be deemed non-responsive.

i. If a bidder desires to meet the good faith effort documentation requirements he/she must provide written notice to certified M/WBEs, as it relates to the scopes of services in the bid documents, that the Bidder intends to subcontract. The notice shall be by e-mail or fax, no fewer than seven (7) calendar days prior to bid opening. All e-mails and faxes shall include the legal name of the M/WBE firm. The notice shall advise the M/WBE’s:

a. that their interest in the contract is being solicited;

b. of the specific work the Bidder intends to subcontract

c. how to obtain information about and review the contract plans and specifications;

d. about information on bonding, insurance and other pertinent requirements;

All requirements as it relates to the bonding, insurance and pre-qualifications must be given to the M/WBE’s at the time the notice is provided. This information must be received and decisions to utilize the M/WBE must be known and denoted on Attachment C-2 prior to the bid submittal.

e. the deadline for bid or proposal submissions to the Bidder and the bid due date to the County;

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f. 24 hours notice of any addenda.

ii. If M/WBE goals were not achieved the bidder shall provide an explanation as to why the scope of services listed in the bid documents were not subcontracted on Attachment C-2.

iii. Bidders shall follow up initial submittals of interest by contacting

M/WBEs and documenting using a contact log, which shall include the firm's name address, contact information (e-mail, telephone and/or fax numbers), scope of work requested, the date, name of person making the effort, denote if M/WBEs will bid, time quote received and notes denoting if plans and specifications were sent.

Each bidder shall use the standardized contact log, Attachment C- 4.

iv. In instances where a non-minority/non-woman contractor is listed for work for which M/WBE availability exists, the Bidder shall submit ALL quotations received from M/WBE’s AND the listed non-M/WBE within twenty-four (24) hours, if it is determined that the bidder is one of the three (3) apparent low Bidders. The Bidder shall provide an explanation as to why the M/WBE’s quotations were not accepted.

Receipt of a lower quotation from a non-M/WBE prior to bid opening will not in itself excuse a Bidder's failure to meet M/WBE participation goals. However, a Bidder's good faith effort obligation does not require a Bidder to accept a quotation from a M/WBE which is an unreasonable price. For the purpose of this subsection, "unreasonable price" means a price above (or below) competitive levels which cannot be attributed to the M/WBE’s attempt to cover costs inflated by the present effect of discrimination.

v. The Contractor shall contact the Business Development Division staff as a resource to obtain M/WBE participation.

If the Bidder fails to meet one of the first four good faith effort requirements listed above (i – iv), the substitution will only count towards one good faith effort requirement and all other good faith requirements must be met. The substitution is from the following:

(1) The Disney Entrepreneur Center (DEC) was used to host a workshop that informed M/WBE firms how to better prepare for sub-contracting opportunities;

(2) The Contractor has participated in Orange County Business Development

Division’s sponsored “How to do Business” workshop;

(3) The Contractor has sponsored a match-maker event with certified M/WBE firms. Enclose a copy of the certificate provided to your firm when the service was successfully completed.

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If, after Contract award, Prime Contractors who have not achieved the M/WBE participation goals choose to subcontract work indicated as being self-performed without prior written approval of the Business Development Division (reference Part F, Article 21, paragraph D), the matter will be reported to the Procurement Division with an appropriate responsibility recommendation for consideration in the event the contractor competes for future County contracts.

g. Letters of Intent must match exactly the information provided on Attachment C- 2 of the Bid Forms and must be executed by the apparent low Bidder for all M/WBE Subcontractors and/or suppliers listed. The letter(s) of intent must be submitted to the Business Development Division office before 5:00 P.M. on the second business day after bid opening. The non-submission of the Letter of Interest by the deadline will result in the low bidder being found non-responsive for failure to meet the M/WBE subcontractor utilization goal. In the event the lowest bidder is not the recommended bidder, then letters of intent must be obtained from the recommended bidder two business days after being contacted.

h. Bidders shall not reject an M/WBE as unqualified without sound reasons based on a thorough and documented investigation of that M/WBE's capabilities.

i. Bidder's efforts will be evaluated considering the ability of other Bidders to meet the requirements relating to the use of M/WBE subcontractors.

j. Bidders should make whatever additional efforts are necessary to achieve the goals and it is recommended that these efforts be documented. However, this documentation shall not replace the required documentation if the goals are not met.

Bidders are encouraged to contact the Business Development Division through the Orange County Procurement Division for guidance and assistance. Additional efforts by Bidders may include but are not limited to the following:

i. Bidders should provide interested M/WBE's with assistance in reviewing the Contract plans and specifications.

ii Bidders should assist interested M/WBE's in obtaining required lines of credit, insurance or bonding.

iii. Bidders should solicit only types of work that match the capabilities of the M/WBE's and for which they are certified.

k. The County has a graduate program. Under this program, utilization of M/WBE firms designated as graduates shall count toward meeting M/WBE participation goals only on specified projects. All construction solicitations for which the County has determined the overall contract amount to be awarded to the prime in excess of $10,000,000 for vertical construction, $7,000,000 for horizontal construction and $7,000,000 for all other construction are eligible for graduate M/WBE participation.

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Vertical construction is any construction of a structure or building which requires a general or building contractor’s license. Horizontal construction includes but is not limited to roadwork, site work, drainage or utilities work.

Other construction is any construction other than what is defined as vertical or horizontal construction.

The Bidder’s total base bid, which is used by the Procurement Division as the basis for determining Contract award value, will be used to determine if graduated M/WBE firms are eligible to participate. If the contract has option provisions, the total base Bid is the total of the Basic Contract Year plus all Option Years. Prime contractors will receive full M/WBE credit for the use of graduated M/WBE’s that meet all other requirements.

It is the Bidder’s responsibility to ensure that graduate M/WBE’s are not listed in bid to meet M/WBE participation requirements on projects in which they are not eligible to participate.

Intentional failure to attempt compliance and/or intentional failure to comply with the M/WBE subcontract goals pursuant to the Minority/Women Business Enterprise Ordinance, may result in the County invoking penalties under that ordinance and/or a finding by the County that a Bidder is "non-responsible", thus resulting in that bid being rejected and the Bidder facing possible suspension or debarment from future County IFB's.

4. BID PREFERENCE FOR REGISTERED SERVICE-DISABLED VETERANS (SDV)

PRIME

The Orange County Registered Service-Disabled Veteran Business Program

Ordinance sets vendor preferences for registered service-disabled veteran business enterprises registered with Orange County Business Development Division.

Also, in accordance with the County SDV Ordinance, preferences for registered service-disabled veteran business enterprises shall be applied on bid awards (sealed bids). The following bid preference scale shall apply to bids submitted by Prime registered service-disabled veteran business enterprises as long as the bid does not exceed the low bid by more than 8% on bid awards up to $100,000;

7% on bid awards from $100,000.01 to $500,000; 6% on bid awards from $500,00.01 to $750,000; 5% on bid awards from $750,000.01 to $2,000,000; 4% on contract awards from $2,000,000.01 to $5,000,000.00 and 3% on bid awards over $5,000,000.01.

Prime registered service-disabled veteran business enterprises may be awarded or recommended for award of contracts when their bids are within the above allowed percentage in comparison to the low responsive and responsible bid(s).

If a prime registered service-disabled veteran business enterprise, entitled to the vendor preference under this section, and one (1) or more other businesses also entitled to this preference, or another vendor preference provided by the Orange County Code, submit bids, proposals, or replies for procurement of commodities or contractual services which are otherwise equal with respect to all relevant considerations, including price, quality, and service, then the Procurement

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Division Manager shall award the procurement or contract to the business having the smallest net worth.

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 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, C-12 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.

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.

B. RECIPROCAL LOCAL PREFERENCE:

In the event the lowest responsive and responsible bid submitted in response to any Invitation for Bids is by a bidder whose principal place of business is in a county other than Orange County, and such county grants a bid preference for purchases to a bidder whose principal place of business is in such county, then Orange County may award a preference to the (next) lowest responsive and responsible bidder having a principal place of business within Orange County, Florida. Such preference will be equal to the preference granted by the county in which the lowest responsive and responsible bidder has its principal place of business except as provided below.

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1. Effective July 1, 2015 the reciprocal local preference will not apply to construction services in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation.

2. If the solicitation involves a federally funded project where the funding source requirements prohibit the use of state and/or local preferences, the reciprocal local preference will not be applied.

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.

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

C-14 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…