Y23-706_FDOT_LAP_Volume_1.pdf

Construction Bid Package Coversheet Coversheet Page: 1 of 1

Orange County, Florida Procurement Division

Construction Bid Package

IFB#: Y23-706-MB

Project Title: LAKE APOPKA TRAIL CONNECTOR PROJECT

FPN: 441447-1-58-01 FAN:D522 090 B

Department: Community and Environmental Services Department Division: Parks Recreation Division

Solicitation Schedule

EVENT DATE

IFB Issue Date January 12, 2024 Pre-Bid Conference N/A Question Deadline February 29, 2024 Submittal Deadline March 20, 2024

Notice: The above-referenced IFB contemplated the award of a Federal-Aid Construction Contract originating from the Local Agency Program as administered by the Florida Department of Transportation. Prequalification requirements may apply. See Vol. I., Art. 2., Section B.2. (“FDOT Prequalification Requirements”) of this Bid Package for more information.

Sealed electronic Bid Responses will be accepted up to 11:59 P.M. (local time) on the date of the above-noted Submittal Deadline and are required to be submitted using the OpenGov Procurement portal located at the follow web address:

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

Bidders shall not be permitted to hand-deliver, mail, telephone, fax, or email offers. Bid Responses received after the Submittal Deadline or that are transmitted outside of the designated ProcureNow OpenGov Procurement portal will be rejected.

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

Volume I: Invitation for Bids (“IFB”) Table of Contents Page: 1 of 3

Orange County, Florida Procurement Division

Volume I: Invitation for Bids (“IFB”)

IFB#: Y23-706-MB 2

Project Title: LAKE APOPKA TRAIL CONNECTOR PROJECT 4

FPN: 441447-1-58-01 FAN:D522 090 B

TABLE OF CONTENTS

Article 1: Bid Submittal Instructions

Section A: Definitions (Alphabetical Order)

Section B: Introduction ...................................................................................................... 3 10

1. Agency Background

2. Project-Specific Information ....................................................................................... 3 12

3. Number of Awards

4. Notice of Federally Funded Project ........................................................................... 3 14

5. Pre-Bid Conference

6. Lobbying Blackout Period .......................................................................................... 4 16

7. Bid-Related Costs

8. Bidders’ Obligation to Examine Site .......................................................................... 5 18

Section C: Bid Submittal

1. Submittal Deadline .................................................................................................... 5 20

2. Method of Submitting Bid Responses

3. Deviations .................................................................................................................. 6 22

4. Withdrawal of Bid/Bid Acceptance Period

5. Cancellation of Solicitation ........................................................................................ 7 24

Section D: Questions and Addenda

1. Method of Submitting Questions ................................................................................ 7 26

2. Proprietary or Restrictive Specifications

3. Contract Exceptions .................................................................................................. 8 28

4. Modifications to IFB Documents

5. Addenda .................................................................................................................... 8 30

Section E: Bid Opening

Section G: Posting of Recommended Award and Bid Protests ..................................... 9 32

1. Award of Contract/Rejection of Bids

2. Bid Errors .................................................................................................................. 9 34

3. Posting of Recommended Award

4. Bid Protests ............................................................................................................. 10 36

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Orange County, Florida Procurement Division

Article 2: Bid Terms and Conditions Section A: Incorporation ................................................................................................. 10 38

1. Bid Submittal Instructions

2. Invitation for Bids ..................................................................................................... 10 40

3. Litigation Provisions

4. LAP Division I Specifications ................................................................................... 10 42

Section B: Bidder Qualifications

1. Bid Response Submittal Forms ............................................................................... 10 44

2. FDOT Prequalification Requirements

3. Development or Assistance with Specifications ....................................................... 11 46

4. Certification of Current Capacity

5. Joint Ventures .......................................................................................................... 11 48

6. Florida Business Authorization

7. Public Entity Crime .................................................................................................. 12 50

8. Scrutinized Companies

9. Suspension and Debarment .................................................................................... 12 52

10. E-Verify

11. Required Disclosures .............................................................................................. 13 54

Section C: Licenses, Permits, and Fees

1. Generally ................................................................................................................. 13 56

2. Public Bid Disclosure

3. Licensure Requirements .......................................................................................... 14 58

Section D: Ethics

1. State Conflict of Interest Requirement ..................................................................... 15 60

2. County Ethics Compliance

3. Federal Lobbying Certification ................................................................................. 15 62

4. Non-Collusion

Section E: Bonding .......................................................................................................... 16 64

1. Payment and Performance Bonds

2. Bid Bond .................................................................................................................. 16 66

3. Bid Bond Forfeiture

4. Qualifications of Surety Companies ......................................................................... 17 68

Section F: General Bid Requirements

1. Execution of Written Contract .................................................................................. 18 70

2. Federal and State Tax

3. Substitute Material and Equipment .......................................................................... 19 72

4. Schedule of Price

5. Unbalanced Pricing ................................................................................................. 20 74

6. Payment Terms

7. Insurance and Indemnification Requirements.......................................................... 20 76

8. Trade Secret Information

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Orange County, Florida Procurement Division

Section G: State/Federal Bid Requirements .................................................................. 23 78

1. Prevailing Minimum Wage (Davis Bacon Act)

2. Buy America ............................................................................................................ 24 80

3. Prohibition Against Convicted Produced Materials

4. Patented/Proprietary/Sole Sourced Materials .......................................................... 24 82

5. Trench Safety Act

6. Occupational Safety and Health Act (O.S.H.A.)....................................................... 25 84

7. Drug-Free Workplace

8. State Inspector General Compliance ....................................................................... 25 86

9. Additional Federal Provisions

Section H: Disadvantaged Business Enterprises (“DBE”) ........................................... 25 88

Section I: Subcontracting

1. Subcontract/Supplier Information ............................................................................ 26 90

2. Subcontractor/Supplier Past Performance

3. Self Performance Requirements................................................................................ 26 92

Section J: Similar Projects/References

Section K: State and Federally Required Exclusions/Elections .................................. 28 96

1. Contractor Purchased Equipment for State or Local Ownership

2. Foreign Contractor and Supplier Restriction ............................................................ 28 98

3. Incentive/Disincentive Clauses

4. Indian Preference on Federal-Aid Projects (Labor & Employment) ......................... 28 100

5. State/Local Preferences

6. Owner Force Account/Cost-Effective Justification ................................................... 28 102

7. Public Agencies in Competition with the Private Sector

8. Publicly Owned Equipment ...................................................................................... 29 104

9. State/Local Owned Furnished/Designated Materials

10. On the Job Training ................................................................................................. 29 106

Volume I Appendix: Bid Response Submittal Forms

Construction Bid Package | IFB# Y23-706-MB Volume I: Invitation for Bids (“IFB”) Page: 1 of 30

Orange County, Florida Procurement Division

Volume I: Invitation for Bids (“IFB”) 110

IFB No. Y23-706-MB

Article 1: Bid Submittal Instructions 112

Section A: Definitions (Alphabetical Order) The words and expressions (or pronouns used in their stead) defined in this Section shall, 114 wherever they appear in this Bid Package, be construed as follows unless a different meaning is clear from the context. 116

"Addenda" shall mean any additional IFB-related provisions issued in writing by the County 118 prior to the Submittal Deadline.

"Bidder" shall mean any person, firm or corporation submitting a Bid for the Work. The terms “Bidder” and “Respondent” are used interchangeably. 122

124 “Bid Package” shall mean all solicitation documents related to IFB Y23-706-MB, including but not limited to Volume I: Invitation for Bids (“IFB”), Volume II: Project-Specific Information, Volume III: Draft Contract, as well as any forms, documents, and attachments attached to such 126 Volumes or otherwise provided by the County through the ProcureNow OpenGov web portal.

"Bid Response” shall mean the offer or proposal of the Bidder submitted in compliance with this IFB that sets forth the prices for the Work to be performed. The terms “Bid Response”, 130 “Bid Proposal”, and “Solicitation Response” are used interchangeably.

"Board of County Commissioners" shall mean the Board of County Commissioners of Orange County, Florida. The terms “Board of County Commissioners”, “Board”, and “BCC” are 134 used interchangeably.

“Business Day” shall mean Monday through Friday, except for the days on which the County is closed for business operations. 138

"Contract" shall mean the written agreement between the County and the Selected Bidder 140 covering the Work to be performed, a draft of which is provided in Volume III: Draft Contract of this Bid Package. 142

"County" shall mean Orange County, Florida, or its duly authorized representative(s), for whom 144 the Work is being performed.

"Day" shall mean one calendar day unless otherwise expressly stated.

"Drawings" shall mean only those drawings specifically referred to as such in Volumes I-III of these documents or in any Addenda. Drawings issued after the execution of the Contract to 150

Volume I: Invitation for Bids (“IFB”) Page: 2 of 30

Orange County, Florida Procurement Division explain further, to illustrate, or to show changes in the Work will be known as "Supplementary Drawings" and shall be binding upon the Contractor with the same force as the Drawings. 152

“FDOT” shall mean the State of Florida, Department of Transportation. 154

156 “IFB” shall mean Volume I: Invitation for Bids (“IFB”), of this Bid Package regarding Invitation for Bids #Y23-706-MB.

"Notice of Award" shall mean the written notice of award of the Contract given by the County to the apparent Selected Bidder. 160

"Professional" shall mean the professional independent Architectural/Engineering firm 162 designated to assist the County in the work by a prior agreement entered into by the County and the said firm. The terms “Professional”, “Engineer-of-Record”, “Design Professional”, and 164 "Architect" are used interchangeably.

"Project" shall mean the entire improvement contemplated in this Bid Package, and which bears the following title: “LAKE APOPKA TRAIL CONNECTOR PROJECT 168

FPN: 441447-1-58-01 FAN:D522 090 B”.

"Project Manager" shall be the duly authorized representative of the County during the construction period. This individual may also be referred to as the “Project Engineer”, 172 “Engineer”, “Project Administrator”, or “Resident Project Representative”.

“Question Deadline” shall mean the time and date on which the County will stop receiving questions or other IFB-related requests through the ProcureNow OpenGov question-and-176 answer module and by which any question submitted thereafter will be considered untimely. For the purposes of this IFB, the Question Deadline is 11:59 P.M. (local time) on February 29, 2024. 178

"Selected Bidder” shall mean the successful Bidder hat is selected by the County for award 180 and into which the County enters the Contract. The “Selected Bidder” may also be referred to as the “Contractor”. 182

"Site" shall mean the area upon or in which the Project is or will be located and upon which 184 operations are to be carried out by the Contractor and such other areas adjacent thereto as may be designated as such by the Project Manager. 186

"Specifications" or “Standard Specifications” shall mean Divisions II and III of FY 2023-24 188 Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, and supplements thereto (unless otherwise noted) and as found in DOC-5: 190 Technical Provisions/Specifications which is attached to Volume II: Project-Specific Information of this Bid Package. 192

"Subcontractor" shall mean any person, company, or other business enterprise that is 194 contracted to provide, or actually has provided, goods, materials, labor, or services to the Contractor, if any such goods, materials, labor, or services are procured or used in fulfillment of 196

Volume I: Invitation for Bids (“IFB”) Page: 3 of 30

Orange County, Florida Procurement Division the Contractor’s obligations arising from the Contract with the County. A “Supplier” is a type of “Subcontractor”. 198

“Submittal Deadline” shall mean the time and date on which the County will stop receiving Bid 200 Proposals. For this IFB, the Submittal Deadline is 11:59 P.M. (local time) on March 20, 2024.

"Surety" shall mean any corporation that executes, as a surety, the Contractor's Bid Bond securing the Selected Bidder’s Response or their Payment and Performance Bond securing the 204 performance of this Contract.

"Work" shall mean any and all obligations, duties, and responsibilities necessary to the successful completion of the construction assigned to or undertaken by the Contractor under the 208 Contract, including the furnishing of all labor, goods, materials, services, equipment, and other incidentals. 210

Section B: Introduction 212

1. Agency Background Orange County, Florida, is a political subdivision of the State of Florida and charter county214 and thusly exercises any and all rights and privileges conveyed to it by the State of Florida, and the Orange County Charter. It presently operates with an elected chief executive officer,216 the Orange County Mayor, and six elected single district commissioners, who together comprise the Board of County Commissioners.218

Procurement is an essential function of the County, affecting all operational departments,220 ongoing projects, and future initiatives. The Orange County Procurement Division operates under the leadership of Carrie Mathes, MPA, NIGP-CPP, CFCM, CPPO, CPPB, as222 Procurement Division Manager and Chief Procurement Official in accordance with the Orange County Procurement Ordinance found in Chapter 17, Article III, of the Orange County224 Code.

2. Project-Specific Information

Project-specific information regarding this IFB may be found in Volume II: Project-Specific228 Information. This includes but is not limited to the Scope of Work, FDOT Prequalification Requirements, Technical Specifications, and other project-specific information.230

3. Number of Awards232

There will be one award issued under this IFB.

4. Notice of Federally Funded Project This IFB is for a Federal-Aid Construction Project funded by the Federal Highway Association236 (“FHWA”) and administered by FDOT through the Local Agency Program (“LAP”).

By submitting a Bid Response, each Bidder hereby acknowledges to the following:

Volume I: Invitation for Bids (“IFB”) Page: 4 of 30

Orange County, Florida Procurement Division

A. The County is prohibited from executing any contract or obligating itself in any manner requiring disbursement of the federal funds, including consultant or construction contracts242 of amendments thereto, with any third party with respect to the Project without FDOT’s written approval.244

B. FDOT has reserved the right to review the qualifications of any consultant or contractor246 and to approve or disapprove the employment of such consultant or contractor.

C. The Selected Bidder will be required to comply with the provisions of EXH-1: County’s

FDOT Agreement, as may be amended between the County and FDOT, and EXH-2:250 FHWA-1273 – Required Contract Provisions Federal-Aid Construction Contracts, as well as any applicable federal, state, and local laws and regulations while performing252 under the Contract. Both such exhibits may be found attached to Volume III: Draft Contract of this Bid Package.254

5. Pre-Bid Conference256

Please refer to the cover page of this Bid Package and Volume II: Project-Specific Information for information regarding whether there is a pre-bid conference associated with 258 this IFB.

If there is a pre-bid conference and it is mandatory, failure to attend such conference is disqualifying. While failure to attend a voluntary pre-bid conference is not disqualifying, 262 Bidders will not be permitted to use their failure to attend such conference as a reason for any error or oversight they may make in their Bid Response. 264

6. Lobbying Blackout Period266

A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the Contractor. For procurements that do not require Board approval, the blackout 268 period commences upon solicitation issuance and concludes upon contract award.

The County 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 black-out period 272 restrictions of Ordinance No. 2002-15.

See the following website for more information:

http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx 276

7. Bid-Related Costs278

By submission of a Bid Response, Bidders agree that any and all costs associated with the preparation of their Bid Responses will be the sole responsibility of each individual Bidder. 280 Bidders also agree that the County shall bear no responsibility for any costs associated with the preparation of their Bid Responses including, but not limited to, any administrative or 282 judicial proceedings resulting from the solicitation process.

http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

Volume I: Invitation for Bids (“IFB”) Page: 5 of 30

Orange County, Florida Procurement Division

8. Bidders’ Obligation to Examine Site Before submitting bids, Bidders must carefully examine the Site of the proposed Work and286 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 requirements288 of this Bid Package.

The County shall grant reasonable access to the entire Project Site to each Bidder. Bidders are responsible for obtaining approval from all the regulatory agencies that have jurisdiction292 for investigative work. When requested and if applicable to the Project, a Right-of-Way Utilization Permit will be issued by the County’s Highway Construction Division for performing294 borings within the Site’s limits. Bidders are instructed to contact the Highway Construction Division obtain information regarding such Right-of-Way Utilization Permit.296

Each Bidder shall ensure that all areas disturbed by their examinations, investigations, or298 inspections are restored to as good as or better than the existing conditions. Bidders shall be responsible to comply with all permit conditions, rules, and regulations including but not300 limited to those related to NPDES and threatened and endangered species.

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 the Contract as304 a result of the Bidder’s failure to make the necessary examinations and investigations will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill, in306 every detail, all of the requirements of the Contract, nor will they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.308

Refer to the “Site Investigation” and “Utility Coordination” provisions in Volume III: Draft310 Contract for further information.

Section C: Bid Submittal

1. Submittal Deadline314

Sealed bids responsive to this IFB will be accepted up to the Submittal Deadline.

The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any bid. The Submittal Deadline shall be scrupulously 318 observed. Under no circumstances shall bids delivered after the time specified be considered. 320

The County’s decision to refuse to consider a Bid Response that was received beyond the 322 Submittal Deadline shall not be the basis for a protest pursuant to the Orange County Procurement Ordinance. 324

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Orange County, Florida Procurement Division

2. Method of Submitting Bid Responses326

The County is only accepting electronic bid submittals using the ProcureNow OpenGov e- Procurement Platform. Bidders shall create a free account with ProcureNow OpenGov by328 signing up at: https://secure.procurenow.com/signup.

Bidders are required to submit their Bid Responses electronically via the ProcureNow OpenGov e-Procurement Platform, in the form of a single PDF document inclusive of all332 required attachments. Bidders shall not be permitted to hand-deliver, mail, telephone, fax, or email offers. Bid Responses received after the submission deadline or transmitted outside334 of the designated ProcureNow OpenGov e-Procurement Platform shall be rejected.

Once a Bidder has completed account registration, it should navigate to this IFB’s ProcureNow OpenGov portal page, click on "Submit Response", and follow the instructions338 to submit the electronic Bid Response.

The timely transmittal of a Bid Response to the Procurement Division prior to the Submittal Deadline is solely and strictly the responsibility of the Bidder. The County shall not be342 responsible for delays caused by any occurrence, including a Bidder's network delays, bandwidth issues, internet outages, or other technical difficulties.344

For technical support, Bidders may reach the ProcureNow OpenGov Service Desk in the346 following manner:

Chat (preferred): Click the button in the lower right-hand corner of the portal Email: support@procurenow.com350 Phone: +1 (855) 680-4747 Hours: Mon-Fri 8am - 8pm EST

3. Deviations

Bidders are solely responsible for reading and completely understanding the requirements354 and the specifications, provisions, terms, and conditions of this IFB, inclusive of all Volumes of the Bid Package. The County will only consider Bid Responses that meet such356 specifications, provisions, terms, and conditions. In instances where a deviation is stated or otherwise discovered in a Bid Response, such Bid Response will be subject to rejection by358 the County in recognition of the fact that it did not meet the exact requirements imposed by this IFB or otherwise found in the Bid Package.360

4. Withdrawal of Bid/Bid Acceptance Period362

Bid Responses may be withdrawn or modified only before the appointed bid opening date.

As of the bid opening date, Bid Responses shall be considered an irrevocable offer in full 364 force and effect for a period of 90 days after the bid opening date (the “Bid Acceptance Period”). 366

Bidders may not assign or otherwise transfer their obligations or liabilities under the Bid 368 Response.

https://secure.procurenow.com/signup mailto:support@procurenow.com

Volume I: Invitation for Bids (“IFB”) Page: 7 of 30

Orange County, Florida Procurement Division

In the event that an award is not made by the County prior to the conclusion of the Bid Acceptance Period, Bidders may withdraw their offer or provide a written extension without 372 modification.

5. Cancellation of Solicitation

The County reserves the right, and the Manager of the Procurement Division, has the376 absolute and sole discretion to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to378 cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

Section D: Questions and Addenda

1. Method of Submitting Questions382

The ProcureNow OpenGov question-and-answer module will be utilized for this IFB. Any questions or other IFB-related requests for consideration for modification or alteration of any 384 of the information or documents shall be submitted by use of such module prior to Question Deadline. 386

Bidders are instructed not to contact the initiating division directly. 388

No oral interpretation of the meaning of the plans, specifications, or other documents related 390 to the Project or the Bid Package shall be considered binding. The County shall be bound by information and statements only when such information or statements are written and 392 executed under the authority of the Procurement Division Manager.

Answers for timely questions and other IFB-related requests will be addressed in the ProcureNow OpenGov question-and-answer module or as an addendum to this IFB 396 depending on volume. Prospective Bidders are encouraged to subscribe as a follower and monitor all notifications. 398

This provision exists solely for the convenience and administrative efficiency of the County. 400 No respondent or other third party gains any rights by virtue of this provision or the application thereof, nor shall any respondent or third party have any standing to sue or cause of action 402 arising there from.

Untimely questions or other IFB-related requests are unable to be submitted in the ProcureNow OpenGov question-and-answer module, thereafter respondents raising critical 406 concerns must email the “Point of Contact” provided in Volume II: Project-Specific Information. 408

Please note that critical clarifications may be made via addenda, however, untimely 410 questions may not be considered.

Volume I: Invitation for Bids (“IFB”) Page: 8 of 30

Orange County, Florida Procurement Division

2. Proprietary or Restrictive Specifications If a Bidder considers a specification or requirement contained in this Bid Package to be414 proprietary or restrictive in nature, thus potentially resulting in reduced competition, it is urged to submit a question through the question-and-answer module prior to the Question Deadline.416 Specifications or requirements which are unrelated to performance may be considered by the County for deletion or modification via addendum.418

3. Contract Exceptions420

A draft of the Contract may be found in Volume III: Draft Contract of this Bid Package.

Bidders with exceptions to any provision of the Draft Contract must timely submit any 422 requests for amendments to the Draft Contract’s terms and conditions by use of the ProcureNow OpenGov question-and-answer module. The County will review such 424 amendment requests and issue a response by addendum.

By submitting a Bid Response, each Bidder acknowledges and agrees that the County has no obligation to acquiesce to any changes later requested by the Selected Bidder if such 428 changes were not timely and appropriately requested by such Bidder prior to the Question Deadline. 430

4. Modifications to IFB Documents432

Bidders must use the documents and forms provided in or attached to this IFB as provided and without modification. Failure to do so may lead to disqualification of the Bidder. 434

Modification or alteration of the documents or forms contained in or attached to this 436 solicitation shall only be made upon receipt of prior written consent of the County, which may be obtained through the ProcureNow OpenGov question-and-answer module by submittal of 438 a timely question.

5. Addenda

Questions, answers, and any and all modifications, clarifications, interpretations, and442 supplemental instructions will be in the form of a written addendum which, if issued, will be available for download. All such addenda shall become part of the “Contract Documents”444 (as defined in Volume III: Draft Contract in this Bid Package) and receipt of each shall be acknowledged by use of the ProcureNow OpenGov addendum acknowledgment feature.446

Section E: Bid Opening 448

Public Bid Response openings are held each Wednesday at 9:30 A.M. and Friday at 9:30 A.M.

local time. A public opening of all Bid Responses will be conducted at the next posted 450 Procurement Public Meeting following the Submittal Deadline. In the event of a County Holiday or unforeseen delay, responses shall remain sealed until the next available public meeting. 452

Bidders and members of the public will be able to attend the public opening virtually. To do so, 454 see the following instructions:

Volume I: Invitation for Bids (“IFB”) Page: 9 of 30

Orange County, Florida Procurement Division

Visit: https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

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

Bidders and members of the public who prefer to attend a public opening in person may do so 460 at the following address: 400 E. South Street, 2nd Floor, Orlando, Florida 32801.

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

http://apps.ocfl.net/orangebids/bidresults/results.asp or upon notice of intended action, 464 whichever is sooner.

Section G: Posting of Recommended Award and Bid Protests

1. Award of Contract/Rejection of Bids468

The County will award the Contract to the lowest responsive and responsible Bidder, price and other factors considered, or per the FDOT approved alternative contracting method if 470 one is identified.

Cash discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes. 474

The County, in its sole discretion, reserves the right to reject any and all Bid Responses and 476 to waive any informality concerning Bid Responses whenever such rejection or waiver is in the best interest of the County. Nothing contained herein shall place a duty upon the County 478 to reject bids or award a Contract based upon anything other than its sole discretion as described herein. 480

2. Bid Errors482

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 484 of an item, the unit price as shown in OC-1: Bid Response Submittal Form will govern.

Errors between any sum computed by the Bidder and the correct sum thereof will be resolved 486 in favor of the correct sum. Any discrepancy between words and numbers will be resolved in favor of the written words. 488

3. Posting of Recommended Award490

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 492 through the appropriate approval process and will remain posted for a period of five full business days. 494 https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b http://apps.ocfl.net/orangebids/bidresults/results.asp http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp

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Orange County, Florida Procurement Division

4. Bid Protests496

Failure to file a protest with the Procurement Division Manager by 5:00 P.M. on the fifth full business day after posting, shall constitute a waiver of bid protest proceedings. For more 498 information regarding Bid Protests, please review the procedure found on following website:

http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx 500

Article 2: Bid Terms and Conditions 502

Section A: Incorporation

1. Bid Submittal Instructions504

The provisions of Art. 1. (“Bid Submittal Instructions”) are hereby incorporated into these IFB Terms and Conditions. 506

2. Invitation for Bids508

By submission of a Bid Response, Bidders acknowledge and agree that the terms and conditions of this IFB will be incorporated into the Contract and into any purchase orders that 510 may be issued for the work.

3. Litigation Provisions

The “Attorneys’ Fees and Cost”, “Governing Law”, “Jury Waiver”, and “Venue” provisions in514 Volume III: Draft Contract of this Bid Package are hereby applicable to any and all legal actions that may arise from or are associated with this IFB or that are otherwise related to516 the County’s procurement solicitation for the Project.

4. LAP Division I Specifications

Certain provisions of the 2023-24 LAP Division I Specifications are applicable to this Project.520 Such provisions may be found in EXH-3: FDOT Division I Specifications Package for Local Agencies, which is attached to Volume III: Draft Contract and hereby incorporated522 into this Bid Package.

Section B: Bidder Qualifications

1. Bid Response Submittal Forms526

All Bidders shall complete and submit OC-1: Bid Response Submittal Form, as well as all required forms and attachments listed therein and, if applicable, any conditional or additional 528 forms or documents required in this IFB and Bid Package as part of its Bid Response. Failure to submit any such documents will result in disqualification. 530

Any questions concerning any forms, attachments, or any other documents required by this 532 IFB should be submitted through the ProcureNow OpenGov question-and-answer module prior to the Question Deadline. 534 http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

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Orange County, Florida Procurement Division

2. FDOT Prequalification Requirements536

For all awards that meet or exceed $250,000 in value, Bidders may be required to be currently pre-qualified with the FDOT. To determine if FDOT Prequalification is required for538 this Project, refer to Volume II: Project-Specific Information of this Bid Package.

If FDOT Prequalification is required for this Project, failure to submit proof of FDOT prequalification for the minimum number of major classes of work in the manner required in542 Volume II: Project-Specific Information may result in disqualification.

For more information regarding this requirement, see Section 2-1 of EXH-3: FDOT Division I Specifications Package for Local Agencies, which is attached to Volume III: Draft546 Contract of this Bid Package, and the contents of Volume II: Project-Specific Information.

3. Development or Assistance with Specifications

Firms or individuals who assisted in the development or drafting of the specifications,550 requirements, statements of work, or other documents contained within this Bid Package are excluded from competing in this solicitation.552

4. Certification of Current Capacity554

Each Bidder must certify that it has the financial capacity to complete the Project. To meet this requirement, all Bidders must complete and submit FDOT-1: #525-010-46 – LAP 556 Certification of Current Capacity with their Bid Responses.

Such form shall be kept confidentially but may be reviewed by and transmitted between the County, the Orange County Comptroller’s Office, the State of Florida, and the Federal 560 Government.

5. Joint Ventures

Bidders submitting as a Joint Venture shall submit a “Joint Venture Eligibility Form” with their564 Bid Response, to which a fully executed copy of the relevant joint venture agreement must be attached. If FDOT prequalification is required for the Project, Joint Ventures are not566 permitted.

Joint Ventures must be properly registered with the Florida Division of Corporations before the Contract Award and the name of the Joint Venture must by the same used in this Bid570 Response.

If applicable, the following may result in disqualification of the Bid Response under this provision:574

A. Failure to timely submit the required “Joint Venture Eligibility Form” as found on the County’s Forms and Resources website (https://www.ocfl.net/vfr);576

B. Failure to timely submit a fully executed copy of the relevant joint venture agreement; or https://www.ocfl.net/vfr

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C. Failure of the Joint Venture to be timely and properly registered with the Florida Division 578 of Corporations.

6. Florida Business Authorization

Bidders must be authorized to do business in the State of Florida. Bidders who are582 nonresident corporations shall furnish to the County a duly certified copy of their permit to transact business in the State of Florida along with their Bid Response. Failure to promptly584 submit this evidence or qualification to do business in the State of Florida may be basis for rejection of a Bid Response.586

7. Public Entity Crime588

By submitting a Bid Response, each Bidder hereby certifies that such submittal does not violate the provisions of Section 287.133, Florida Statutes, which prohibits a person or 590 affiliate who has been placed on the State of Florida’s “Convicted Vendor List” from submitting a bid on a contract with a public entity for the construction or repair of a public 592 building or public work, submitting bids on leases of real property to a public entity, being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a 594 contract with a public entity, and transacting business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO, for a 596 period of 36 months from the date of being placed on the Convicted Vendor List.

8. Scrutinized Companies

By submitting a Bid Response, each Bidder hereby certifies that they are eligible to submit600 such response under Section 287.135, Florida Statutes, which makes companies ineligible to bid on, submit a proposal for, or enter into or renew a contract with a local government602 under the following circumstances:

A. For contracts for any value, if the Bidder is on the State of Florida’s “Scrutinized

Companies that Boycott Israel List”, or is otherwise engaged in a boycott of Israel; and606

B. For contracts for one million dollars ($1,000,000) or more, if the Bidder is on the State of608 Florida’s “Scrutinized Companies with Activities in Sudan List”, on the State of Florida’s “Scrutinized Companies with Activities in Iran List”, or is otherwise engaged in business610 operations in Cuba or Syria.

9. Suspension and Debarment

As this IFB is for the award of a Federal-Aid Construction Contract, each Bidder must certify614 to certain provisions regarding debarment, suspension, ineligibility, and voluntary exclusion.

To meet this requirement, all Bidders must complete and submit FDOT-2: #375-030-32 – Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion618 with their Bid Responses.

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For more information regarding this requirement, see Section X of EXH-2: FHWA-1273 – Required Contracts Provisions Federal-Aid Construction Contracts, which is attached 622 to Volume III: Draft Contract of this Bid Package.

10. E-Verify

Bidders shall be required to be registered with the U.S. Department of Homeland Security’s626 E-Verify system. For more information on this process, please refer to United States Citizenship and Immigration Service site at: http://www.uscis.gov/portal/site/uscis.628

By submission of a bid in response to this solicitation, Bidders must certify that all employees 630 in the above categories shall undergo e-verification before placement on this Contract. To meet this requirement, all Bidders must complete and submit OC-2: E-Verify Certification 632 Form with their Bid Responses.

For more information about this requirement, see the “E-Verify” provision of Volume III: Draft Contract and Section 7-29 of EXH-3: FDOT Division I Specifications Package for Local 636 Agencies which is attached to Volume III: Draft Contract of this Bid Package.

11. Required Disclosures

As further detailed in OC-1: Bid Response Submittal Form, the Bidder is required to make640 certain disclosures regarding previous, current, and pending felony proceedings, governmental litigation, and regulatory/civil actions.642

Failure to provide such required disclosures in the manner required in OC-1: Bid Response644 Submittal Form may result in disqualification. If the Bidder is selected for award, any such failure may be considered cause to terminate or void the Contract by the County should a646 misrepresentation or omission the County deems to be material be discovered.

Section C: Licenses, Permits, and Fees

1. Generally650

The Selected Bidder will be required to procure and pay for all requisite permits, licenses, charges, and fees and give all notices necessary and incidental to the due and lawful 652 prosecution of the Work.

The cost of all permits, fees, etc. shall be included in the fee schedule except where otherwise noted in the specifications or other bid documents. 656

2. Public Bid Disclosure658

In compliance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, the County is required to discloses all County-level permits or fees, including, but not limited to, 660 all license fees, permit fees, impact fees, or inspection fees, payable by the successful Contractor to the County. 662 http://www.uscis.gov/portal/site/uscis

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The required disclosure for this IFB may be found in Volume II: Project-Specific 664 Information.

The Orange County Government Fee Directory, incorporated herein by reference, contains a list of Orange County licenses, permits, and fees that may apply to this project. The fee 668 directory link “Fees” is available at:

http://www.orangecountyfl.net/portals/0/resource%20library/open%20government/FeeDirec670 tory.pdf

Licenses, permits, and fees which may be required by the State of Florida, State Agencies, or by other local governmental entities or agencies other than the County are not included in 674 this disclosure. Bidders are required to review all applicable licenses, permits, and fees and to contact the applicable agency if there are any questions. 676

The foregoing notwithstanding, the County has identified certain non-County permits, 678 determinations, and waivers that are applicable to the Project. Such non-County permits, determinations, and waivers may be found in DOC-4: Non-County Permitting Information, 680 which is attached to Volume II: Project-Specific Information of this Bid Package.

By submitting a Bid Response, each Bidder hereby acknowledges and affirms that: (A) the County does not make any assurances that the contents of DOC-4: Non-County Permitting 684 Information is a complete account of all non-County permits, determinations, or waivers that may be applicable to the Project; and (B) it shall be the selected Bidder’s sole responsibility 686 to ensure that all Work provided on the Project is properly permitted and performed in compliance with all applicable licensing and permitting requirements, laws, and regulations. 688

3. Licensure Requirements690

The Bidder shall be properly licensed and in good standing with any regulatory authority that regulates any and all of the Work. 692

Any such licenses shall be in the Bidder’s name as it appears in the Bid Response. The cost 694 of all permits, fees, etc. shall be included in the bid offer except where otherwise noted in the specifications or other bid documents. 696

The Bidder shall attach copies of all appropriate licenses, inclusive of their numbers and 698 expiration dates, to their Bid Response. Failure to hold and provide proof of proper licensing, certification, and registration shall be grounds for rejection of the Bid Response. 700

Any subcontractors that a Bidder intends to use should it be selected for award shall be 702 licensed in their respective fields and, when required, obtain construction permits from the County. Such licenses must be in the name of the subcontractors listed by the Bidder on OC-704 3: Subcontractor/Supplier Schedule, which Bidders must complete and submit with their Bid Responses. 706 http://www.orangecountyfl.net/portals/0/resource%20library/open%20government/FeeDirectory.pdf http://www.orangecountyfl.net/portals/0/resource%20library/open%20government/FeeDirectory.pdf

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Section D: Ethics 708

1. State Conflict of Interest Requirement No member, officer, or employee of the County, during their tenue or for two (2) years710 thereafter shall have any interest, direct or indirect, in the Contract or the proceeds thereof.

Neither the Selected Bidder, nor their subcontractors, may enter into any contract, subcontract, or arrangement in connection with the Project or any property included or714 planned to be included in the Project in which any member, officer, or employee of Orange County, Florida, during their tenure or for two (2) years thereafter has any interest, direct or716 indirect.

For more information about this requirement, see the “Conflicts of Interest” provision in Volume III: Draft Contract of this Bid Package.720

2. County Ethics Compliance722

The County has the following specific regulations regarding ethics compliance:

A. Bidders are required to complete and submit OC-4: Relationship Disclosure Form, which documents any relationships between a Bidder and the Mayor or member of the726 Orange County Board of County Commissioners, with their Bid Responses.

B. Bidders are required to complete and submit OC-5: Orange County Specific Project

Expenditure Report, which documents any expenses incurred by a lobbyist for the730 purposes described in Section 2-351, Orange County Code, with their Bid Responses.

3. Federal Lobbying Certification

In accordance with federal law, prospective contractors and subcontractors pursuing federal-734 aid construction contracts in excess of one-hundred thousand dollars ($100,000) must file certain lobbying certifications and disclosures.736

To meet this requirement, all Bidders must complete and submit FDOT-3: #375-030-33 –738 Certification for Disclosure of Lobbying Activities on Federal-Aid Contracts (Compliance with 49 CFR, Section 20.100 (b)) and FDOT-4: #375-030-34 – Disclosure740 of Lobbying Activities with their Bid Responses.

For more information regarding this requirement, see Section XI of EXH-2: FHWA-1273 – Required Contracts Provisions Federal-Aid Construction Contracts, which is attached744 to Volume III: Draft Contract of this Bid Package.

4. Non-Collusion

Each Bidder shall file a statement executed by, or on behalf of the person, firm, association,748 or corporation submitting the Bid Response certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in750 any collusion, or otherwise taken any action, in restraint of free competitive bidding in

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Orange County, Florida Procurement Division connection with the submitted Bid Response. Failure to submit the executed statement as 752 part of the Bid Response will make such response nonresponsive and not eligible for award consideration. 754

To meet this requirement, all Bidders must complete and submit FDOT-5: #575-060-13 – 756 Non-Collusion Declaration and Compliance with 49 CFR 29 with their Bid Responses.

Section E: Bonding

1. Payment and Performance Bonds760

Pursuant to Section 255.05, Florida Statutes, any person or entity entering into a formal contract with the County for the construction of a public building, for the prosecution and 762 completion of a public work, or for repairs upon a public building or public work is required, before commencing the work or before recommencing the work after a default or 764 abandonment, to execute and record in the public records of Orange County, Florida, a payment and performance bond with a surety insurer authorized to do business in the State 766 of Florida as surety.

The “Payment Bond Template” and the “Performance Bond Template” that the Selected Bidder will be required to utilize may be found on the County’s Forms and Resources website 770 (https://www.ocfl.net/vfr).