Y23-162_ITS_FON.pdf

IFB NO. Y23-162-GO ISSUED : January 12, 2023

INVITATION FOR BIDS

TERM CONTRACT FOR

INTELLIGENT TRANSPORTATION SYSTEM – FIBER OPTIC NETWORK

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

SUBMISSION DUE DATE:

Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Tuesday, February 14, 2023, via the electronic procurement portal referenced above.

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

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

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

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

PRE-BID CONFERENCE:

A virtual Non-Mandatory Pre-Bid Conference will be held on Friday, January 20, 2023, 10:00 A.M., via WebEx Events at the following website:

Call-in toll number: 1-408-792-6300

Attendance is not mandatory but is encouraged.

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 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 Gian Otero at Gian.Otero@ocfl.net.

PART A

https://ocfl.webex.com/ocfl/j.php?MTID=m133e9c56d303dee3ec71a2a3b3aab804

Meeting number (access code): 2461 143 2769 https://secure.procurenow.com/portal/orangecountyfl https://secure.procurenow.com/portal/orangecountyfl mailto:Gian.Otero@ocfl.net ii

TABLE OF CONTENTS

TERM CONTRACT

PART DESCRIPTION PAGE

A INVITATION FOR BIDS PART A

B NOTICE PART 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-10

5. BID ERRORS C-11

6. DEVIATIONS C-11

7. SUBSTITUTE MATERIAL AND EQUIPMENT C-11

8. REQUESTED INFORMATION/DESCRIPTIVE LITERATURE C-12

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

10. POSTING OF RECOMMENDED AWARD C-13

11. CONTRACT DOCUMENTS C-14

12. MODIFICATION/ALTERATION OF SOLICITATION C-14

13. LAWS AND REGULATIONS C-14

14. REQUIRED DISCLOSURE C-14

15. EXECUTION OF WRITTEN CONTRACT C-15

16. LICENSING REQUIREMENTS C-15

17. SECURITY FORFEITURE C-16

18. PERFORMANCE BOND AND PAYMENT BOND C-16

19. QUALIFICATIONS OF SURETY COMPANIES C-16

20. TRENCH SAFETY ACT C-17

21. DRUG FREE WORKPLACE C-17

22. BID TABULATION AND RECOMMENDED AWARD C-18

23. INDEMNIFICATION FOR TORT ACTIONS C-18

24. OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.) C-18

25. PUBLIC ENTITY CRIME STATEMENT C-18

26. SUBCONTRACTOR/SUPPLIER INFORMATION C-19

27. SUBCONTRACTOR’S PAST PERFORMANCE C-19

28. REFERENCES C-19

29. UNIT PRICES C-19

30. EVALUATION OF OPTIONS C-20

31. UNBALANCED PRICING C-20

32. BID AND RELATED COSTS C-20

33. SOLICITATION CANCELLATIONS C-20

34. LICENSES/PERMITS/FEES C-21

35. BID ACCEPTANCE PERIOD C-21

36. EQUAL OPPORTUNITY C-22

37. ETHICS COMPLIANCE C-22

38. TOBACCO FREE CAMPUS C-23

39. VERIFICATION OF EMPLOYMENT STATUS C-23

40. PROPRIETARY INFORMATION C-23

iii

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

SPECIFIC PROJECT EXPENITURE PROJECT ATTACHMENT F

RELATIONSHIP DISCLOSURE FORM ATTACHMENT G

EMPLOYMENT VERIFICATION CERTIFICATION ATTACHMENT H

BID BOND EXHIBIT 1

E CONSTRUCTION CONTRACT

CONTRACT FORM E- 1

PERFORMANCE BOND E- 6

PAYMENT BOND E- 9

RELEASE OF LIEN E-13

CHANGE ORDER FORM E-15

DRUG-FREE WORKPLACE FORM E-16

F GENERAL CONDITIONS

ARTICLE 1 - CONTRACT F-1

ARTICLE 2 - DEFINITIONS F-1

ARTICLE 3 - ASSIGNMENT OF CONTRACT F-3

ARTICLE 4 – QUOTES, DO AMOUNT, PERFORMANCE PERIOD ETC. F-3

ARTICLE 5 - INTERPRETATIONS AND INTENT F-4

ARTICLE 6 - REFERENCE POINTS F-4

ARTICLE 7 - BONDS AND INSURANCE AND INDEMNIFICATION F-5

ARTICLE 8 - CONTRACTOR'S RESPONSIBILITIES F-11

ARTICLE 9 - WORK BY OTHERS AND UTILITY COORDINATION F-16

ARTICLE 10 - PROJECT OWNER'S STATUS F-18

ARTICLE 11 - CHANGES IN THE WORK F-18

ARTICLE 12 - CHANGE OF CONTRACT PRICE/DELIVERY ORDER F-19

ARTICLE 13 - CHANGE OF CONTRACT PERFORMANCE PERIOD F-20

ARTICLE 14 - WARRANTY/ACCEPTANCE OF DEFECTIVE WORK F-20

ARTICLE 15 - WARRANTY AND PAYMENT F-23

ARTICLE 16 - SUSPENSION OF WORK AND TERMINATION F-26

ARTICLE 17 – VERBAL ORDERS F-28

iv

ARTICLE 18 – MAINTENANCE AND EXAMINATION OF RECORDS F-28

ARTICLE 19 - FEDERAL REQUIREMENTS F-30

ARTICLE 20 - MINORITY/WOMEN OWNED BUSINESS F-30

ARTICLE 21 - ASBESTOS FREE MATERIALS F-32

ARTICLE 22 - CONDITION OF MATERIALS & PACKAGING F-32

ARTICLE 23 - NO ASSIGNMENT OF AGREEMENT F-33

ARTICLE 24 - CONSTRUCTION TERM CONTRACT F-33

ARTICLE 25 - CONTRACT TERM/RENEWAL F-33

ARTICLE 26 - OPTION TO EXTEND TERM F-33

ARTICLE 28 - MINIMUM/MAXIMUM DELIVERY ORDER F-34

ARTICLE 29 - ISSUANCE AND ADMINISTRATION OF ORDERS F-34

ARTICLE 30 - VARIATION IN ESTIMATED QUANTITY F-34

ARTICLE 31 –MISCELLANEOUS F-34

ARTICLE 32 – CONTRACT CLAIMS F-35

ARTICLE 33 – VALUE ENGINEERING F-35

ARTICLE 34 – CONTRACT TYPE F-38

ARTICLE 35– PATENTS AND ROYALTIES F-39

ARTICLE 36 – OWNER DIRECT PURCHASES F-39

ARTICLE 37 – PUBLIC RECORDS COMPLIANCE (APPLICABLE FOR

SERVICE CONTRACTS) F-40

G SUPPLEMENTAL CONDITIONS / SPECIAL PROVISIONS G1- G-6

H TECHNICAL PROVISIONS (SPECIFICATIONS) BOUND SEPERATELY

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PART B

ISSUED: January 12, 2023

NOTICE

INVITATION FOR BIDS (IFB) NO. Y23-162-GO

INTELLIGENT TRANSPORTATION SYSTEM – FIBER OPTIC NETWORK

time), Tuesday, February 14, 2023, via the OpenGov procurement portal only.

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

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

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

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

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

A virtual Non-Mandatory Pre-Bid Conference will be held on Friday, January 20, 2023, 10:00 A.M., via WebEx Events at the following website:

Call-in toll number: 1-408-792-6300

Attendance is not mandatory but is encouraged.

Prospective bidders are encouraged to bring all equipment necessary to perform their inspection of the project site. Any equipment provided by Orange County should be thoroughly inspected by the bidder and is used at the bidder’s sole cost and expense. All bidders using County-provided equipment will be required to sign the pre-bid release. No one under eighteen years of age will be permitted to participate in the pre-bid inspection.

SCOPE OF WORK: Work consists of the maintenance, construction, and repair of the Intelligent Transportation System (ITS) for Orange County. The work includes the repair and installation of fiber optic cable and ITS components found at traffic signal locations, master communication huts, and their connections to the Traffic Management Center

(TMC).

The installation and repair of the ITS communication network infrastructure includes, but is not limited to:

• Installation of fiber optic cable and related connections and infrastructure

Meeting number (access code): 2461 143 2769

PART B

• Fiber testing and investigation and repair of outages

• Troubleshooting of the communication network

• Installation and configuration of I.T.S. communication huts

• Installation and configuration of vehicle detection system

• Installation and configuration of high-resolution Closed-Circuit Television (C.C.T.V.) camera systems

• Installation and configuration of Bluetooth travel time systems

LOCATION ADDRESS: locations throughout Orange County, Florida on an as needed basis.

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

Manager, Procurement Division

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PART C - INSTRUCTION TO BIDDERS

1. GENERAL:

a. The term County used herein refers to Orange County, Florida, or its duly authorized representative.

b. The term Bidder used herein refers to the contractor, or business organization submitting a Bid to the County in response to this Invitation for Bids.

2. PREPARATION AND SUBMISSION OF BIDS:

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

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

See "Bid Errors", Item 5.

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

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

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

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

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

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

Visit:

https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c 7125b https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

C-3

Meeting number: 286 177 361 Password: Go2Meeting Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361 Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361 Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361 The physical meeting location is:

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

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

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

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

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

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

Negligence on the part of the Bidder in preparing a Bid is not grounds for withdrawal or modification of a Bid proposal after such Bid has been opened by the County. A Bidder may not withdraw or modify a Bid after the appointed Bid opening and such Bid must be in force for 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 submitted within the time fixed for receiving bids will be opened and publicly read aloud, irrespective of any irregularities found therein. Bidders and other persons interested may be present, in person or by representative, or attend via telephone or virtually. Opened Bids shall remain confidential for thirty days after Bid opening or upon posting of the recommended award, whichever comes first.

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

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

C-4

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 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 requirements.

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 Gian.Otero@ocfl.net, no later than 5:00 PM on Monday, January 30, 2023 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.

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.

C-5

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

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 0% 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. Bidder 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. 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.

C-6

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.

d. 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 purchase order/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 for all years to be sub-contracted; and (b) the dollar amount based on the percentage of the contract value for all years to be sub-contracted (if available at time of sub-contract agreement).

4.) The following statement: “It is the M/WBE responsibility to submit the required Quarterly M/WBE utilization reports to the prime and Final M/WBE payment verification form to Business Development Division denoting their percentage of the overall contract fees.”

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

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 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.

C-7

e. 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. Refer to paragraph f for the sliding scale for enforcement of the good faith effort document.

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 or proposal opening. All e-mails and faxes shall include the legal name of the M/WBE firm. The notice shall advise the M/WBE’s:

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

g. of the specific work the Bidder intends to subcontract

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

i. 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.

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

k. 24 hours notice of any addenda.

ii. If M/WBE goals were not achieved, the bidder shall provide an explanation as to why the scopes of service listed in the bid documents were not subcontracted on Attachment C-2. This is to be done when there is M/WBE availability only.

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

C-8 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/WBEs 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. Bidder shall contact the Business Development Division Liaison for guidance and assistance as a resource to obtain M/WBE’s available to be utilized for participation.

If the Bidder fails to meet one of the first four good faith effort requirements listed from 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 National Entrepreneur Center (NEC) was used to host a workshop that informed M/WBE firms how to better prepare for sub-contracting opportunities;

(2) The Bidder has participated in Orange County Business Development Division’s sponsored “How to do Business” workshop;

(3) The Bidder 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.

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.

C-9

f. Letters of Intent must match exactly the information provided on Attachment C-2 to 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.

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.

g. 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.

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

i. 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 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. 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.

l. 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 proposals 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)

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.

As part of this program, Contractors are required to complete the Attachment C-2 listing ALL subcontractors (majority, women and minority, and registered service-disabled veteran) their firm will utilize in fulfillment of the requirements of this

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 the 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).

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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 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 of the solicitation. 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 by the solicitation.

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 accepted "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 solicitation, Bidders must submit with their Bids cuts, sketches, descriptive literature and/or

C-12 complete specifications relative to the items proposed and offered.

9. AWARD OF CONTRACT/REJECTION OF BIDS:

A Contract will be awarded to the low, responsive and responsible Bidder(s), price and other factors considered. The County will award one Contract for this requirement.

The County, at 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.

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 alternate(s), 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.

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

C-13 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:

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 Manager of the Procurement Division 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 Delivery Orders issued pursuant to the

Contract and 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 Contract throughout, and they will be deemed to be included in the 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, http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

C-14 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 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.

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. Prime Contractors, to be considered for Contract award for this work shall be either "registered" or "certified" by the State of Florida, Division 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

C-15 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 (Section 2, Paragraph h.): If, within ten (10) days after notification by the County of the County's approval to award

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.

18. PERFORMANCE BONDS AND PAYMENT BONDS:

When the contract amount exceeds $100,000, a Performance Bond and a Payment Bond issued in a sum equal to one hundred (100%) percent of the total estimated Contract amount for the first Contract year 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 insuring the faithful performance of the obligations imposed by the resulting Contract and 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. The Performance Bond and the Payment Bond forms will be 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.

Within (10) ten days after the exercise of an option period, the Contractor shall provide Consent of Surety to renewal of the option period at the option period prices accompanied by a power of attorney according to the criteria in Section 19.

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, a Surety company issuing the Bid Bond, the Performance Bond and the Payment Bond, if called for in these Specifications, shall meet and comply with the following minimum standards:

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

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

c. All bonds shall be originals and issued or countersigned by a producing agent with satisfactory evidence of the authority of the person or persons executing such bond shall be submitted with the bond. Attorneys-in-fact who sign Bid bonds or performance/payment bonds must file with such bond a signed, certified copy of their power of attorney to sign such bond.

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

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

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

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

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

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

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

FAILURE TO MEET ANY OF THE REQIREMENTS CONTAINED ABOVE

SHALL RESULT IN REJECTION OF THE BID.

20. TRENCH SAFETY ACT:

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

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

FLORIDA), if applicable, and return the form with the Official Bid Form, (Part D, Attachment D)

This is not a pay item. The purpose of this form is to gather information on the costs associated with trench safety measures and to insure that the Bidder has considered these costs and included them in the Base Bid. Failure to complete this form may result in the Bid being declared non-responsive.

21. DRUG-FREE WORKPLACE FORM:

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

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22. BID TABULATION:

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

23. INDEMNIFICATION FOR TORT ACTIONS/LIMITATION OF LIABILITY:

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

No officer, employee or agent of the County acting within the scope of his/her employment or function shall…