The URL can be used to link to this page

Item 06 Approval to Piggyback on Orange County’s Contract for Sidewalk Replacement with RMS Construction Group ocoee florida AGENDA ITEM COVER SHEET Meeting Date: April 2, 2019 Item # 6 Reviewed By: / — Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: ,��"-�� - - Subject: Approval to Piggyback on Orange County's Contract for Sidewalk Replacement with RMS Construction Group. Commissioner Wilsen, District 2 and Commissioner Oliver, District 4. Background Summary: The current City budget included adding two dedicated positions for repairing and replacing concrete sidewalk. Due to the robust construction market in Central Florida, Public Works has been delayed in filling the positions for the concrete work. Public Works has researched options for completing a portion of this work and has found an existing Orange County repair contract we are able to utilize for a portion of this work program. Public Works has reviewed the contract pricing and is proposing to utilize up to $73,000.00 budgeted in the Street Division for Sidewalk Maintenance, Road Repairs and Contractual Services allocated for Day Labor and Striping. Utilizing the repair contract will allow the City to have a significant impact on the sidewalks in the Rose Hill Subdivision, Lake Olympia and Lake Olympia Club Subdivisions, Orchard Park Subdivision and on Clarke Road from AD Mims to Clarcona Ocoee. Public Works will have sufficient funds remaining in the budget to complete the normal repairs in-house for the remainder of the fiscal year. Public Works recommends approval to piggy back on the Orange County Contract Y17-1099-B with RMS Constructors Group, LLC. Issue: Request the' City Commission to approve utilizing the Orange County Contract Y17-1099-B for completing sidewalk repairs. Recommendations: Recommend the City Commission approve utilizing the Orange County Contract Y17-1099-B with RMS Constructors Group, LLC, Orlando, Florida for up to $73,000.00 in sidewalk repairs based on the contract unit prices. Also recommend the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority for each change order, and up to the budgeted amount for this project for all change orders. Attachments: Orange County Contract Y17-1099-B, RMS Constructors Group, LLC. Financial Impact: The cost for the sidewalk repair work is adequately funded from; $23,000.00 in 001-541-10-3400 Contractual Services, $30,000.00 in 001-541-10-5303 Sidewalk Maintenance and $20,000.00 in 001- 541-10-5313 Road Repairs. Type of Item: (please mark with an "Al Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. 914\/0 N/A Review ed by ( ) N/A 2 copy April 12, 2018 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA AMENDMENT NO. 1 /CONTRACT NO. Y17-1099-B ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS RMS Constructors Group, LLC 6996 Piazza Grande Ave, Suite 212 Orlando, FL 32835 This amendment is hereby incorporated into the contract documents of the project referenced above. The following items are clarifications, corrections, additions, deletions and/or revisions to and shall take precedence over the original documents. Additions are indicated by underlining, deletions are indicated by ctrikethret gh 1. In accordance with General Conditions Article 26, Option to Extend the Term of the Contract, the County exercises Option No. 1 by extending the term of the contract as follows: From: August 11, 2017 through August 10, 2018 To: August 11, 2018 through August 10, 2019 Option Year No. 1 prices will become effective on August 11, 2018. All other terms and conditions remain the same. 2. All other terms, conditions and specifications remain the same. Board of County Commissioners Orange County, FL � 1 -rk olando Melo, Sr. Contract Administrator Procurement Division Date Contract No: Y17-1099-B BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA CONSTRUCTION TERM CONTRACT CONTRACT: Made between the Board of County Commissioners, Orange County, Florida (hereinafter called COUNTY), represented by the Manager of the Procurement Division executing this Contract, and: RMS Constructors Group, LLC 6996 Piazza Grande Ave, Suite 212 Orlando, FL 32835 Federal Identification Number: 46-4491923 The CONTRACTOR shall perform all the Work required by the Contract Documents for the proper execution and completion of ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS in full accordance with the drawings and as elaborated in the specifications of Invitation for Bids No. Y17-1099-RM (hereinafter referred to as IFB) which is made a part of this Contract as completely as if set forth herein. AMOUNT OF CONTRACT: The County shall pay the Contractor in current funds, and in accordance with the progress payment schedule as stated herein, for the performance of the work, subject to additions and deductions by Change Order as provided in the Contract Documents, the estimated amount of ONE MILLION SIXTY EIGHT THOUSAND ONE HUNDRED Dollars ($1,068,100.00). The minimum guaranteed contract amount for the initial contract performance period is $50,000. I I ASBESTOS FREE MATERIALS: All work under this Contract will be constructed with asbestos free materials. A written, notarized statement on company letterhead is to be submitted with the executed Contract certifying this fact. All payments shall be withheld until such statement is submitted. Contractor shall agree that if materials containing asbestos are subsequently discovered at any future time to have been included in the construction done by the Contractor or any of its Subcontractors or agents and were not specified in the design or required by the Contract document, Contractor shall be liable for all costs related to the abatement of such asbestos and damages or claims against the County. Y17-1099-B 1 Ill ADMINISTRATIVE DATA: Payments: Based upon invoices submitted to the Project Manager by the Contractor and Delivery Orders issued by the Project Manager, the County shall make payments against the Contract to the Contractor as provided in the Contract Documents. Should the Contractor fail to complete all Work on or before the date stipulated for completion on a Delivery Order, or such later date as may result from an extension granted by the County, he shall pay and/or the County may retain from the compensation otherwise to be paid to the Contractor, as liquidated damages, the sum of $200 for each consecutive calendar day after the date allowed by the Delivery Order until the entire work is complete, which sum is agreed upon as a reasonable and proper measure of damages which County will sustain per diem by failure of Contractor to complete the Work within time as stipulated; it being recognized by County and Contractor that the injury to County which could result from a failure of Contractor to complete on schedule is uncertain and cannot be computed exactly. In no way shall costs for liquidated damages be construed as a penalty on the Contractor. IV CONTRACT DOCUMENTS: This Contract entered into this date by the Board of County Commissioners hereinafter called the County, represented by the Manager of the Procurement Division executing this Contract and the individual, partnership or corporation named above, hereinafter called the Contractor. Witnesseth that the parties hereto do mutually agree as follows: A. The Contractor shall furnish all labor, equipment and materials and perform the Work described for the amount specified in individual Delivery Order in strict accordance with the General Conditions, Supplementary Conditions/Special Provisions, Plans and Specifications and other Contract Documents, all of which are made a part hereof and designated as follows: 1. Orange County Invitation for Bids/Project Manual, IFB No. Y17-1099-RM, dated May 8, 2017; (which contains the Invitation for Bids, Notice, Instruction to Bidders, Bid Form and Attachments, this Contract, required Bonds and insurance certificates, General Conditions, Supplementary Conditions/Special Provisions, and Specifications); 2. Addendum No. 1; dated 6/2/17 3. RMS Constructors Group, LLC 's Bid Proposal dated June 8, 2017; 4. Certificates of Insurance; 5. Payment/Performance Bonds; Y17-1099-B 2 B. The order of precedence of items and documents is as follows: Construction Contract Permits Supplemental Conditions/Special Provisions General Conditions Specifications/Technical Provisions Drawings/Plans Road Design, Structures, and Traffic Operations Standards (If applicable) Florida Department of Transportation Standard Specifications for Road and Bridge Construction (If applicable) Bid Proposal Instructions to Bidders C. Contract Type: This is an indefinite quantity contract for the goods and/or services specified. The quantities of goods and/or services specified are estimates only and are not purchased by this Contract. Delivery or performance shall be only as authorized by orders in accordance with the terms of this contract. The Contractor shall furnish to the County, when and if ordered, the goods and/or services up to and including the quantity designated in the schedule as the "Total Estimated Amount." The County shall order at least the quantity designated as the "Minimum" during the initial contract performance period. The County may issue orders requiring delivery to multiple destinations or performance at multiple locations. ORDER LIMITATIONS a. Minimum Order - When the County requires goods or services covered by this contract in an amount less than $1,000, the County is not obligated to purchase, nor is the Contractor obligated to provide these goods or services under the contract. b. Maximum Order—The Contractor is not obligated to honor any order for goods or services in excess of$500,000. D. Delivery Orders shall not exceed $500,000 without the express written authority of the Manager, Procurement Division. E. This Contract is effective August 11, 2017 and shall remain effective through August 10, 2018. Y17-1099-8 3 F. This Contract may be unilaterally renewed as provided in the Contract Documents, Part F, Article 26, "Option to Extend the Term of the Contract". Any amendments to this Contract must be in writing. G. This Contract may be cancelled or terminated as provided for in the Invitation for Bids. H. Ordering against the Contract: 1. Unless otherwise specified in the Contract, the County will place orders by issuance of a numbered Delivery Order against this Contract. Each Delivery Order will specify the locations, description and completion time of the work. 2. The obligations of Orange County under this Contract are subject to need and availability of funds lawfully appropriated for its purpose by the Board of County Commissioners, or other specified funding source for this contract. Taxes: The County has the following tax exemption certificates assigned: 1. Certificate of Registry No. 59-70-004K for tax free transactions under Chapter 32, Internal Revenue Code; 2. Florida Sales and Use Tax Exemption Certificate No. 58-12-090729-53C. J. Invoicing: 1. Invoices must be submitted, in duplicate, referencing this Contract number and the Delivery Order number to: Roads and Drainage Division 4200 S. John Young Parkway Orlando, Florida 32839 2. Invoices against this Contract are authorized only at the prices stated in your Bid response, unless otherwise provided in the Invitation for Bid. V TIME OF COMMENCEMENT AND FINAL COMPLETION: Work to be completed within period specified on individual Delivery Orders, unless amended by written Change Order executed by both parties to this Contract. Y17-1099-B 4 VI COMPLIANCE WITH MIWBE CONTRACT REQUIREMENTS: By entering into this Contract, the Contractor affirmatively commits to comply with the MIWBE subcontracting requirements submitted with his/her bid. The failure of the Contractor to comply with this commitment during the Contract's performance period may be considered a breach of Contract. The County may take action up to and including termination for default if this condition is not remedied within the time period specified by the Manager, Procurement Division. VII MISCELLANEOUS PROVISIONS: A. Terms used in this Contract which are defined in the General Conditions shall have the meanings designated in those conditions. B. No price adjustments shall be made on this contract to the bid price of any products or materials including but not limited to gasoline, diesel or other fuels, and bituminous materials, including asphalt, due to fluctuations in market prices, changes in suppliers or any other reason. C. County and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. D. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the provisions of this Contract will be held in Orange County, Florida. Venue for any litigation involving this Contract shall be the Ninth Circuit Court in and for Orange County, Florida. BOARD OF COUNTY COMMISSIONERS RMS CONSTRUCT RS,GROUP, LLC ORANGE COUNTY, FLORIDA ORLANDO, FLp BY: p_1111.4(2,1111, BY: Carrie Woodell, MPA, CFCM, CPPO, C.P.M. , ;4 nature CPPB, APP, Manager, Procurement Division DATE: , //• (for County use only) Type or Print Name Y17-1099-B 5 IFB NO. Y17-1099-RM ISSUED: May 8, 2017 OFFICIAL BID FORM TERM CONTRACT FOR ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS **************************************************************************************************** Mail or Hand Deliver By 2:00 PM, June 8, 2017 ORIGINAL BID FORM AND THREE (3) COMPLETE COPIES To: BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA INTERNAL OPERATIONS CENTRE II PROCUREMENT DIVISION 400 E. SOUTH STREET—2nd FLOOR ORLANDO, FLORIDA 32801 Bid Opening: June 8, 2017, -2:00 PM RMS Constructors Group, LLC COMPANY NAME 6996 Piazza Grande Ave, Suite 212 COMPLETE MAILING ADDRESS Orlanddo, FL 32835 CITY, COUNTY, STATE, ZIP CODE 407-872-7000 407-442-0719 TELEPHONE NUMBER FAX NUMBER Mike Rahmankhah miker@rmscg.net CONTACT PERSON E-MAIL ADDRESS TIN#: 46-4491923 NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID/PROPOSAL ***********************************************************************************#*#****#********* PART D D-1 NON-COLLUSION AFFIDAVIT The undersigned being first duly sworn as provided by law, deposes and says: 1. This Affidavit is made with the knowledge and intent that it is to be filed with the Board of County Commissioners, Orange County, Florida and that it will be relied upon by said County, in any consideration which may give to and any action which it may take with respect to this Proposal. 2, The undersigned is authorized to make this Affidavit on behalf of, RMS Constructors Group, LLC (Name of Corporation, Partnership, Individual, etc.) A Corporation , formed under the laws of Florida of which he is MGR/Secretary (Sole Owner, partner, president, etc.) 3. Neither the undersigned nor any other person, firm or corporation named in above Paragraph 2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Proposal by the County, also that no head of any department or employee therein, or any officer of Orange County, Florida is directly interested therein. 4. This Proposal is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 2 has not colluded, conspired, connived or agreed directly indirectly with any Bidder or person, firm or corporation, to put in a sham Proposal, or that such other person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said proposal or proposals of any other Bidder; and all statements contained in the proposal or proposals described above are true; and further, neither the undersigned, nor the person, firm or corporation named above in Paragraph-1, has di ectly or ' directly submitted said proposal or the contents thereof, or divulgeO/infoJ, ation or data relative thereto, to any association pr to a j memtIer gKagpnt thereof. /// (AFFIANT) TAKEN, SWORN AND UBSp IBED BEFORE ME this 0 day of 4 , 20 f C''� . NotaryPublicC✓` ' V �r_ � (SEA,' Y°;'�� AUAOAAIVl:WSOME C » �„„ MY COMMISSION i FF 164580 `` "f �` `" �� f�� `�� * EXPIRES:Sepiem6er30201 (Print'l ype or Stamp Commissioned NNan e of Notary Public) ,,,. Ar�o4�, EXPIRBowed ES: ru lemma 3 8 ?Mary ekes Personally Known or Produced Identification Type of Identification: 13 / rt ATTACHMENT A To the Board of County Commissioners Orange County, Florida The bidder understands that he/she is bidding for a term Contract for which no specific projects have been identified in the Invitation for Bids. The Bidder further acknowledges to the following: a. The sites for the work that may be performed under this Contract may be anywhere within Orange County. b. Countywide local conditions that may impact the work have been considered. c. The Contract Form, General Conditions, Supplementary Conditions, and other Contract documents have been thoroughly examined. d. The resultant Contract will contain estimated quantities, unit prices, extended totals and a total estimated contract amount to furnish all labor, materials, plant, equipment, manpower and other resources, including overhead and profit. These costs shall be the means to price any and all Delivery Orders issued thereunder. e. Each specific site for work under this Contract shall be issued to the Contractor via Delivery Order per Articles 4, 24, 28, 29 of the General Conditions and other applicable provisions. f. This is a unit price Term Contract and the total Estimated Bid is the sum of all pay items total from the Bid Item Schedule, Pages D-3 through D-5. g. No specifications or drawings are applicable to the Contract. However, if required, specifications and drawings will apply to individual projects issued under specified Deliver Orders. TOTAL ESTIMATED BID: (BASIC YEAR PLUS OPTION YEARS 1&2) Three Million Two Hundred Seventy one Thousand Eight Hundred Eighty DOLLARS ($ 3,271,880.00 ) In the event the Contract is awarded to this Bidder, he/she will enter into a formal written agreement with the County in accordance with the accepted Bid within ten (10) calendar days after said Contract is submitted to him/her. The Bidder further agrees that in the event of the Bidder's default or breach of any of the agreements of this proposal, the said bid deposit shall be forfeited as liquidated damages. 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. Minimum Quantity/Dollars — During the initial performance period of this contract, the COUNTY guarantees that the CONTRACTOR shall receive orders for a minimum of $50,000. D-2 BID ITEM SCHEDULE: Y17-1099-RM Base Year _____ Item Estimated Unit Total No. Description Unit Quantity Price Price Concrete Curb 1 Miami Curb(Non-continuous pour) LF 7,500 35 262,500 2 Miami Curb (Continuous pour) LF 1,000 20 20,000 3 Curb&Gutter(Non-continuous pour) LF 8,000 35 280,000 _ 4 Curb&Gutter(Continuous pour) LF 3,000 25 75,000 5 Standard/Ribbon LF 1,000 20 20,000 6 Valley Gutter SY 2,000 30 60,000 Sod and Seed 7 1 Sod,as specified(St.Augustine) SY 3,000 6 18,000 8 Sod,as specified(Bahia) SY 3,000 _ 4 12,000 g 1 Seed and Mulch(Bahia) SY 100 5 500 Hot Mix Asphalt 10 1 1/2 inch SY 2,000 35 70,000 11 2 inch SY _ 1,500 30 45,000 12 3 inch SY 500 20 10,000 13 4 inch SY 500 20 10,000 Soil Cement Road Base 14 8 inch SY 300 20 6,000 Concrete Road Base 15 8 inch SY 3,000 30 90,000 Limerock Road Base 16 8 inch SY 150 20 3,000 17 12 inch SY 375 20 7,500 Concrete Replacement 18 Replace Concrete 4 inch SY 500 40 20,000 19 Replace Concrete 6 inch SY 500 50 25,000 Soil Testing 20 Proctor EA 20 100 2,000 21 Density EA 20 - 100 _ 2,000 Miscellaneous 22 Fill Dirt CY 1,000 15 15,000 23 Detectable warning surface(for ADA ramps) EA 30 350 10,500 24 Traffic Officer-Emergency HR 50 30 1,500 25 Emergency Mobilization EA 5 500 2,500 26 Indemnification LS 1 $ 100.00 $ 100.00 Total Price, Base Year $ 1,068,100.00 D-3 Option Year#1 Item Estimated Unit Total No. Description Unit Quantity Price Price Concrete Curb 27 Miami Curb(Non-continuous pour) LF 7,500 36 _ 270,000 _ 28 Miami Curb(Continuous pour) W-_ LF 1,000 21 21,000 29 Curb &Gutter(Non-continuous pour) LF 8,000 36 288,000 30 Curb&Gutter(Continuous pour) LF 3,000 25 75,000 _ 31 Standard/Ribbon LF 1,000 21 21,000 32 Valley Gutter SY 2,000 31 62,000 Sod and Seed 33 Sod, as specified(St. Augustine) SY 3,000 6 18,000 34 Sod, as specified(Bahia) SY 3,000 _ 4 12,000 35 Seed and Mulch(Bahia) SY 100 5 500 Hot Mix Asphalt 36 1 1/2 inch SY 2,000 36 72,000 37 2 inch SY 1,500 31 46,500 38 3 inch SY 500 21 10,500 39 4 inch SY 500 21 10,500 Soil Cement Road Base 40 8 inch1 SY 300 20 - 6,000 Concrete Road Base 41 18 inch SY 3,000 31 93,000 Limerock Road Base 42 8 inch SY 150 21 3,150 43 12 inch SY 375 21 7,875 _ Concrete Replacement 44 Replace Concrete 4 inch SY 500 41 20,500 45 Replace Concrete 6 inch SY 500 51 25,500 Soil Testing 46 Proctor EA 20 100 2,000 47 , Density EA 20 100 2,000 Miscellaneous A8 Fill Dirt CY 1,000 15 15,000 49 Detectable warning surface (for ADA ramps) EA 30 360 10,800 50 Traffic Officer-Emergency HR - 50 31 1,550 51 Emergency Mobilization After Hours EA 5 515 2,575 Total Price, Option Year #1 $ 1,096,950.00 D-4 Option Year#2 Item Estimated Unit Total No. Description Unit Quantity Price Price Concrete Curb _ 52 Miami Curb(Non-continuous pour) LF 7,500 __ 36.50 273,750 53 Miami Curb(Continuous pour) LF 1,000 _ 21 21,000 54 Curb&Gutter(Non-continuous pour) LF 8,000 36.50 292,000 55 Curb&Gutter(Continuous pour) LF 3,000 25 Y 75,000 56 Standard/Ribbon LF 1,000 21 21,000 57 Valley Gutter SY 2,000 31.50 63,000 Sod and Seed 58 Sod,as specified (St.Augustine) SY 3,000 6 18,000 59 Sod, as specified (Bahia) SY 3,000 4 12,000 60 Seed and Mulch (Bahia) SY 100 5 500 _ Hot Mix Asphalt 61 1 1/2 inch SY 2,000 36 72,000 62 2 inch SY 1,500 31 46,500 63 3 inch SY 500 21 10,500 $4 4 inch SY 500 21 10,500 Soil Cement Road Base 65 8 inch SY 300 ^ 20 6,000 Concrete Road Base _ 68 8 inch SY 3,000 31 93,000 Limerock Road Base 67 8 inch SY 150 21 3,150 68 12 inch SY 375 21 7,875 Concrete Replacement 69 Replace Concrete 4 inch SY 500 42 21,000 70 Replace Concrete 6 inch SY 500 52 26,000 Soil Testing 71 Proctor EA 20 102 2,040 72 Density EA 20 102 2,040 Miscellaneous 73 Fill Dirt CY 1,000 15 15,000 74 Detectable warning surface(for ADA ramps) EA 30 360 10,800 75 Traffic Officer- Emergency HR 50 31 1,550 76 Emergency Mobilization After Hours EA 5 525 2,625 Total Price, Option Year#2 $ 1,106,830.00 Total Estimated Bid (Base Year, Plus Option Year#1 and#2) $ 3,271,880.00 D-5 The Bidder hereby agrees that there is attached a: 1. Non-Collusion Affidavit Yes 2. Required Disclosure Yes 3. M/WBE Forms Employment Data Yes ,.v/ Subcontractor/Supplier Page Yes �✓ 4. Trench Safety Act Form Yes ,/ N/A 5. Drug-Free Workplace Form Yes ✓ 6. Good Faith Effort Documentation Yes NO N/A •✓� (If Goals have not been met) 7. Three (3) Complete copies of this Bid Form Yes with all attachments 8. References Yes ✓ N/A 9. Bid Bond on Form in Exhibit 1(10% of Total Estimated Contract Amount for First Contract Year) Yes ✓ N/A— 10. Licenses Yes ../ N/A 11. Current W9 Yes ./ 12. Project Expenditure Report, Attachment F Yes ✓ 13. Relationship Disclosure Form, Attachment G Yes 14. Verification of Employment Status, Attachment H Yes 15. Management Plan & Resource List(See Part 0) Yes •✓ ACKNOWLEDGEMENT OF ADDENDA The Bidder shall acknowledge receipt of any addenda issued to the solicitation by completing the blocks below 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. Failure to acknowledge an addendum that has a material impact on the solicitation may negatively impact the responsiveness of your Bid. Material impacts include but are not limited to changes to specifications, delivery time, performance period, quantities, bonds, letters of credit, insurance, qualifications, etc. Addendum No. Dated /,2 "' "% ; Addendum No. Dated Addendum No. Dated Addendum No. Dated If awarded this construction Contract, the Bidder agrees to complete the work covered by this Contract as specified on each Delivery Order. The Bidder hereby agrees that the County reserves the right to waive informalities in any Bid and to reject any or all Bids, or to accept any Bid that in its judgement will be for the best interest of the County. D-6 FLORIDA CONSTRUCTION INDUSTRIES LICENSING BOARD CERTIFICATION: RMS Constructors Group, LLC CGC1507424 (NAME OF HOLDER) (CERTIFICATION NO.) 08/31/2018 (SIGNATURE OF BIDDER) (CERTIFICATE EXPIRATION DATE) Mike Rahmankhah (NAME TYPED) IDENTIFICATION OF BUSINESS ORGANIZATION Complete and submit the following information: Type of Organization {} Sole Proprietorship {} Partnership {} Joint Venture {)} Corporation State of Incorporation: Florida Principal Place of Business (Florida Statute Chapter 607): Orlando, Orange, FL City/County/State THE PRINCIPAL PLACE OF BUSINESS SHALL BE THE ADDRESS OF THE BIDDER'S PRINCIPAL OFFICE AS IDENTIFIED BY THE FLORIDA DIVISION OF CORPORATIONS AUTHORIZED SIGNATORIES/NEGOTIATORS The bidder or proposer represents that the following principals are authorized to sign and/or negotiate Contracts and related documents to which the bidder or proposer will be duly bound. Principal is defined as an employee, officer or other technical or professional in a position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. Name Title Telephone Number E-Mail Address Mike Rahmankhah MGR 407-872-7000 MIKER@RMSCG.NET / ' - ,IN WITNESS HE EOF,(E BIDDER HAS HEREUNTO SET HIS SIGNATURE AND AFFIXl.�D H ,S7//.L.T HIS 8 DAY OF June , A.D. 20E BY : . (SEAL) TITLE: M Mike Rahmankhah MGR PRINT NAME AND TITLE FEDERAL I.D.# 46-4491923 D-7 REQUIRED DISCLOSURE The following Disclosure is of all material facts pertaining to any felony or civil conviction or any pending felony or civil charges in the last three (3) years in this State or any other State of the United States against 1) Bidder, 2) any business entity related to or affiliated with Bidder, or 3) any present or former executive employee, officer, director, stockholder, partner or owner of Bidder or of any such related or affiliated entity. This Disclosure shall not apply to any person or entity which is only a stockholder,which person or entity owns twenty percent(20)or less of the outstanding shares of a Bidder whose stock is publicly owned and traded. N/A } BIDDER ATTACHMENT B IFBIRFP Number&Title: Y17-1099 Roadbase, Asphalt, Curb, Gutter and Miscellaneous concrete repair EMPLOYMENT DATA,SCHEDULE OF MINORITIES AND WOMEN(Rev.1(99) Please provide the following data pertaining to your workforce. If you have an Orange County workforce,it should be shown. If you do not have an Orange county workforce,total permanent workforce should be shown. If this is a Joint Venture,employment data shall be furnished for each firm composing the joint venture. Itis mandatory that you provide workforce data. Failure to provide this form with your bid/proposals may be cause for rejection of yourbid/proposal. MAJORITY MINORITY MINORITY MALES FEMALES JOB CATEGORIES White White Black Hispanic American Asian Black Hispanic American Asian TOTAL Male Female Indian American Indian American Officials,Mgrs. 2 Supervisors Professionals Technicians Sales Workers Office and Clerical 1 Craftsman(Skilled) 2 Operatives(Semi- ) Skilled) Laborers(Unskilled) 2 Service Workers Apprentices Intems/Co-Ops Wages to Work Employees TOTAL 2 1 5 Changes Since Last L Report ------ The above reflects(Check One): X Orange County Workforce Total Permanent Workforce `(OutsideOrange.eount For Construction Projects Only: Do you intend to hire new employees for the project? X Ye,,,'" No If yes low anypp roximately? 3 Name of Firm RMS Constructors Group, LLC Period of Report 6/08/17 `-Na>dTh'e,rs mess in Or.-¢e County 3412 Form Completed by Mike Rahmankhah Name/Title(Printed or Typed) Ign jure Form Approved by Mike Rahmankhah Namefritle(Printed or Typed) j ignature All AC11A1EN1 C.1 If maximum M/WBE participation is desired,bidders must list all proposed Subcontractors and suppliers to be used.Provide company names;contacts,addresses, phone numbers;work to he performed with the Contractor's own workforce,including estimated dollar amount allocated for entire contract.includine all Option Years for that work (work that is consistently and historically performed in-house);total amount to be paid to this sub/supplicr(do not discount supply dollars);and MIWBE designation or if non-M/WBE(Majority).Sec Instnuctions to Bidders,Part C,for complete M/WBE requirements. Provide all information requested. Usc additional sheets i f necessary.Failure to provide all of the information requested may negatively impact the MAYBE evaluation. I.What is the estimated percent of work that the Prime Contractor will self-perform? 65 % List these areas below with approximate dollar amounts to he allocated for the work. 2.Is all work(whether to be subbed or self-performed)listed below? Yes X No Arc all material suppliers listed? Yes X , No If no,please explain. 3.Is your firm certified through Orange County as an M/WBE? Yes No X (See Part C for specific requirements for certified M/WBE firms) 4. Is your firm registered through Orange County as a Registered Service Yes_ No X Disabled-Veteran(SDV)? 5. Did you include any M!WBE credits-First Time Utilization(FTU)or Non-County Utilization(NC)with this hid? Yes No X (If so,insert copy of credit and specify credit type below) PRIME CONTRACTOR/SUBCONTRACTOR/SUPPLIER INFORMATION COMPANY NAME,CONTACT ADDRESS WORK TO BE PERFORMED DOLLAR O.C.CERTIFIED MAYBE OR PHONE NUMBER (TRADE)OR COMMODITY TO AMOUNT NON-MAYBE;OR REGISTERS[ BE SUPPLIED SDV;OR TYPE OF MIWBE CREDIT—FTU OR NC EM Paving, Sub/ Supplier/ In-house(circle one) 1221AV- 5 thhQStreet,Orlando,FL 32805 Acphau�nnrratp i f(47/41)y rgJ�0.04 � f✓j 2. Sub! Supplier/ In-house(circle one- Argos Concrete,2858 Sidney Ave tJ/L' // (J - +N�lug`�G - --Orlando,FL 32810 Concrete Supplier i• . f 'gtzykider Title ATTACI rMEN'r C-2(Rev 5/16) COMPANY NAME,CONTACT ADDRESS WORE TO BE PERFORMED DOLLAR O.C. CERTIFIED M/WBE OR PHONE NUMBER (TRADE) OR COMMODITY TO AMOUNT NON-M/WBE; OR REGISTERED BE SUPPLIED SDV; OR TYPE OF ta/WBE CREDIT-FCU OR NC 3. Sub/ Supplier/ In-house(circle ECS Florida, one) 2815 Directors Row,Suite 500,Orlando,FL Testing Company 6,000 Non-M/WBE 4. Sub/ Supplier/ In-house(circle RMS Constructors Group,LLC one) 2i,l`fi 2/Oat1 Nor? ..,M 1 -let:•' 6996 Piazza Grande Ave,Suite 212 (lrland.�Ft_rA15 Prime Contractor 5, Sub/ Supplier/ In-house(circle one) 6. Sub/ Supplier/ In-house(circle one) 7. Sub/ Supplier/ In-house(circle one) 8. Sub/ Supplier/ In-house(circle one) 9. Sub/ Supplier/ In-house(circle one) 10. Sub/ Supplier/ In-house(circle one) (T !yr /=. S rta.t:rift; £-Bidder Title ATTACHMENT C-2(Re%5!]G) GOOD FAITH EFFORT MNWBE CONTACT LOG(See Part C,SECTION 3,Paragraph E-III) (Required only If Good Faith Effort Documentation is being provided as part of this Bid) 1FB No!Project Name Scope of Work Date& Contact Info: (Work to be Name of Person Firm to Time Firm's Name/Address E-mail,Phone performed/Trade/or Date Contacting Firms Bid(V or Quote Notes and for fax Commodity N) Received Supplied) N/A Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525(3),Florida Statutes. I, ,(Signature off Authorized Agent), I I (Printed Name,Title,and Date) Attachment C-4 COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT(90-96, LAWS OF FLORIDA) Bidder hereby acknowledges that all costs for complying with the Florida Trench Safety Act are included in the various items of the Bid Schedule or Lump Sum Bid. For informational purposes only, the Bidder is required to further identify these costs in the summary below. TRENCH SAFETY UNIT OF UNIT UNIT EXTENDED MEASURE MEASURE (QUANTITY) COST COST (DESCRIPTION) (LF, SY) A) Trench Box LF 50 $ 1$ 50 B) $ $ C) $ $ D) $ $ TOTAL $ 50.00 -- SIGNED: TITLE: MGR 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 Bid Schedule or Lump Sum Bid. Contractor will not receive additional payment if actual quantities differ from those estimated or if the Contractor uses a safety measure different than those listed. (Failure to complete this form may result in the Bid being declared non-responsive.) ATTACHMENT D DRUG-FREE WORKPLACE FORM The undersigned vendor, in accordance with Florida Statute 287.087 hereby certifies that RMS Constructors Group, LLC does: Name of Business 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days such conviction. 5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraphs 1 thru 5. As the person authorized to sign this statement, .certify that this firm complies fully with above requirements. rBidder's Signature 06/28/2016 Date E-16 REFERENCES: List at least two (2) similar projects for roadbase, asphalt, curb, gutter, sidewalk repair and replacement, successfully completed by the BIDDER AS A PRIME or SUB CONTRACTOR within the last eight(8) years and that meet the following. Failure to provide this information may be cause for rejection of the bid. 1. Bidder shall have installed a minimum of 1,000 linear footage of curb and sidewalk repair or replacement and 250 square yards of roadbase and asphalt repairs. These elements can be demonstrated among several projects and is not required to all be in a single project. 2. Projects submitted shall contain a combination of the following elements: a. Removal and replacement of curb and gutter, b. Roadbase and asphalt repairs, c. Sidewalk repair and replacement d. Pedestrian ramp installation and upgrades e. Clearing and grubbing. 3. The following will NOT be considered as similar to the ones requested as part of this contract: parking lots, resurfacing, installation of underdrain, shoulder restoration, incidental work, etc. EACH SIMILAR PROJECT LISTED SHALL BE LISTED WITH COMPLETE INFORMATION AS SPECIFICALLY PROVIDED ON THE REFERENCE FORM (ATTACHMENT E). THE SPECIFIC INFORMATION ON REFERENCES MUST BE PROVIDED ON THE REFERENCE FORM. DO NOT ATTACH LISTINGS OF REFERENCE INFORMATION. FAILURE TO PROVIDE REFERENCE INFORMATION AS REQUESTED MAY RESULT IN THE REJECTION OF YOUR BID The determination of whether a bidder is responsible or not shall be at the sole discretion of the County. Although the County may request submission of a minimum number of similar projects for evaluation, the County's determination of a bidder's responsibility shall not be solely based on the number of similar projects submitted. The contact person listed as a reference shall be someone who has personal knowledge of the Bidder's performance during the referenced project. Contact persons must have been informed that they are being used as a reference and that the County will be calling or emailing them. 1. Project Name Sidewalk repair andseplacement Owner Orane County Contact Nancy Salogub Address Orange county, fl ATTACHMENT E Telephone Number/Email Address Nancy.Salogub@ocfl.net Contract Number and Amount# $ 935,000 Change Orders $ Final Contract $ 935,000 Completed on Schedule? yes Date: 11/1/2015 Project Description 4 to 6" sidewalk , curb and utter replacement, ADA Ramp, Asphalt patching Remove and replacement of curb and gutter yes Roadbase and asphalt repairs no Miscellaneous concrete yes Pedestrian ramp installation and upgrades yes Clearing and grubbing yes 2. Project Name Burnett Road Improvements, Bid#B-5-16-39 Owner Brevard County, FL Contact Michael McDonald Address Brevard County, FL Telephone Number/Email Address michael.macdonald@brevardcounty.us Contract Number and Amount# $ 407,000 Change Orders $ 85,000 Final Contract $ 492,000 Completed on Schedule? x Date: 09/15/2016 Project Description project consist of remove and Replace 6"thick by 8'sidewalk, Headwall Extension Subrade and roadbase, Milling and resurfacing,ADA Ramp, Curb and .... Remove and replacement of curb and gutter yes ATTACHMENT E Roadbase and asphalt repairs yes Miscellaneous concrete yes Pedestrian ramp installation and upgrades yes Clearing and grubbing yes 3. Project Name Dubsdread Golf Course Parking Lot Improvements Owner City of Orlando Contact Robert Ellis Address City of Orlando Telephone Number/Email Address robert.ellis@cityoforlando.net or alane@cphcorp.com Contract Number and Amount# $ 270,283.00 Change Orders $ Final Contract $ 270,283.00 Completed on Schedule? yes Date: 9/30/2016 Project Description Project consist of clearing and rubbing, subbase and roadbase, Asphalt, Curb, ADA Ramp and Swale Remove and replacement of curb and gutter yes Roadbase and asphalt repairs yes Miscellaneous concrete yes Pedestrian ramp installation and upgrades yes Clearing and grubbing yes 4. Project Name Sherwood Elementary Sidewalk Improvements Owner City of Melbourne ATTACHMENT E Contact Tami Gillen Address Melbourne, FL Telephone Number/Email Address tami.gillen@mlbfl.org 321-608-7311 Contract Number and Amount# $ 233,346 Change Orders $ 70,000 Final Contract $ 303,346 Completed on Schedule? yes Date: 12/10/16 Project Description clearing and grubbing, excavation, new sidewalk, remove and replaced 6" Driveway, Remove and replaced ADA Ramp, Curb and Gutter Asphalt Patching Remove and replacement of curb and gutter yes Roadbase and asphalt repairs yes Miscellaneous concrete yes Pedestrian ramp installation and upgrades yes Clearing and grubbing yes 5. Project Name Dahlia Dr Drainage Improvements Owner City of Orlando/Metro Equipment Service Contact Danny Gonzales Address Orlando, FL Telephone Number/Email Address dg@mesinc.us Contract Number and Amount# $ 115,000 Change Orders $ Final Contract $ 115,000 Completed on Schedule? Yes Date: 02/15/2016 ATTACHMENT E Project Description Remove and replace 2500 LF Curb and Gutter, Sidewalk, Driveway Remove and replacement of curb and gutter yes Roadbase and asphalt repairs yes Miscellaneous concrete yes Pedestrian ramp installation and upgrades yes Clearing and grubbing yes 6. Project Name City of Lake Mary Downtown Sidewalk Improvements Owner City of Lake Mary Contact Bruce Paster Address Lake Mary, FL Telephone Number/Email Address bpaster@lakemaryfl.com Contract Number and Amount# $ 270,000 Change Orders $ Final Contract $ 270,000 Completed on Schedule? yes Date: 5/30/2017 Project Description Turn Lane, Curb and sidewalk replacement, subgrade and road base, ADA Ramp improvements, Milling and Asphalt,Structures installation Remove and replacement of curb and gutter yes Roadbase and asphalt repairs yes Miscellaneous concrete yes Pedestrian ramp installation and upgrades yes Clearing and grubbing yes ATTACHMENT E Executed in 1 Counterpart BID BOND BOND NUMBER N/A STATE OF FLORIDA) SS COUNTY OF ORANGE) RMS Constructors KNOW ALL MEN BY THESE PRESENTS,that we, Group, LLC as Principal,and Developers Surety and Indemnity Company ,as Surety,are held firmly bound unto Orange County,Florida, in the penal sum of:$ Ten Percent of Amount Bid (--10%---) Dollars, jTen percent{10%)of base bid if no amount entered)(Total Sum Writtenin Words) lawful money of the United States, for the payment of which sum well and truly to be made, we bound ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION tS SUCH, that whereas the Principal has submitted the attached Bid, dated the 8th day of June _, 2011, for a Contract entitled: ROADBASE, ASPHALT, CURB,GUTTER AND MISCELLANEOUS CONCRETE REPAIRS, iFB Y17-1099-RM. NOW THEREFORE, if the Principal shall withdraw said Bid prior to the date of opening the same,or shall within ten (10) days after the prescribed forms are presented to him for signature, enter in a written Contract with Orange County, Florida, in accordance with the Bid as accepted, and give a Performance Bond and a Payment Bond with good and sufficient Surety or sureties as may be required,for the faithful performance and proper fulfillment of such Contract and for prompt payment of all persons furnishing labor or materials in connection therewith, or in the event of the failure to enter into such Contract and give such Bonds within the time specified, if the Principal shall pay the County the difference between the amount specified in said Bid and the amount for which the County may procure the required work and/or supplies, provided the latter amount to be in excess of the former,then the above obligations shall be void and of no effect;otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above written parties have executed this instrument under their several seals this the 8th day of June , 207 the name and corporate seal of each corporate party being affixed and these presents duly signed by its undersigned, pursuant to authority of its governing body. CONTRACTOR-PRINCIPAL: SURETY: RMS Const ctq : roLC De lopers Suret and I de nit Conry .>?✓+AME O)+B :KNEES ENTITY NAM .o SURETY ! ; NATURE SIGNATURE: SURETY AGENT 2� (SEAL) (SEAL) ( Pi ��h/Z '� �'%rt 'W�� AI/OA: Don Bramlage,Attorney-In-Fact& FL C.c. Res.Agent" TYPE NAME AND TITLE TYPE NAME AND TITLE 6996 Piazza Grande Ave., Suite 212 PO Box 19725 Orlando, FL 32835 Irvine, CA 92623-9725 BUSINESS ADDRESS BUSINESS ADDRESS (407) 367-8196 _ (549)263-3300 TELEPHONE TELEPHONE NAIC NUMBER: 12718 *Florida Surety Bonds, Inc. Revised 5/18/04Exhibit f 1326 S. Ridgewood Ave., Suite 15 Daytona Beach, FL 32114 (386) 898-0507 Licensed Florida Insurance Agent?Yes_ X No License Number: A028572 STATE OF FLORIDA COUNTY OF VOLUSIA ) SS CITY OF DAYTONA BEACH ) Before me,a Notary Public duly commissioned,qualified and acting personally,appeared: Don Bramlage to me well known,who being by me first duty sworn upon oath says that he is Attorney-in-Fact for Developers Surety and Indemnity Company as Surety,and that he has been authorized by said Surety to execute the foregoing Bid Bond on behalf of the Principal(CONTRACTOR)named therein in favor of the owner. Subscribed and sworn to before me this the 8th day of June ,2017. Notary Public .000°O` Notary Public State of Florida 'f. Anita Navarra Anita Navarra My Commission GG 018609 (Print,Type or Stamp Commissioned Name of Notary Public) ^ Expires 10l31/2020 Personally Known X or Produced Identification N/A Type of Identification: N/A In accordance with Part C,Section 19 and Part F Article 8 of the Invitation for Bids,if applicable,list the Lead Surety. N/A _ N/A LEAD SURETY AGENT FOR SURETY Signature BY: AGENCY ADDRESS: SURETY ADDRESS: PHONE Revised 5118/04 Exhibit 1 Cont'd. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint "'Kim E.Niv, Patricia L.Slaughter,Leslie M. Donahue,Jeffrey W. Reich, Susan L. Reich,Teresa L. Durham, Don Bramlage,Gloria A. Richards,Lisa Roseland,Cheryl Foley,jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which d is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February,2017. D ,,,,,i By: `� G�`LuA vo/7. ��,,.,��.rMt9lvo aR,9Ar;r pc Daniel Young,Senior VicePresident -'",e' '''e 4.RPOr l ..T.% P.'(Sago r:�'r. ��/�y� • w 1936 :g r._ :,,,,,,175 algOP Mark Lansdon,Vice-President ,,-(4)<'eO ...,. �y Cc;,r0.F.,• a '".........I'',, * A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. Stale of California County of Orange On-----. -.Febru_a_ry 6L7 ._-- _._._--before me, -- Lucille Raymond,Notary Public__. .__ -- --------------. .--- --- Date Here Insert Name and Trde of the Officer personally appeared Daniel Young and Mark Lansdon Hornets)of Signerts) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signalure(s)on the instrument the person(s),or the entity upon behalf of •. LUCILLE RAYMOND which the person(s)acted,executed the instrument �� Commission 2081945 -et. ... 1as )I Notary Public-California / I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 2 i*4, Orange County true and correct `'•"' M Comm.E fres 0c113 2018+ r WITNESS my hand and official seal. i ��feLd ��i Place Notary Seal Above Signature :•i>✓'- Lucille Raymond,Notary Public L.' CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this l r day of _-. I f.I c1 C / 1 ,,.•6�i 4No,� , ,.t•.?A':'r'oc � :. f>��2= cis F.?_ ,rvJ'yt-t./ ' .. .. i ;.,• :', ;Jt:, c. ..,.., Cassie Jif rrisford,Assistant Se Lary off. �� `�.r,9 It'_, r, 4 ATS-1002(02/17) ,,,�,* For Staff Use Only: Specific Project Espendilure Report(Revised November 5.2010) Initially submitted on For use as of March 1,2011 Updated On- ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS Case or Bid No. Y17-1099-RM ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT This lobbying expenditure form shall be completed in full and filed with all application submittals. This form shall remain cumulative and shall be filed with the department processing your application. Forms signed by a principal's authorized agent shall include an executed Agent Authorization Form. This is the initial Form: This is a Subsequent Form: Part I Please complete all of the following: Name and Address of Principal (legal name of entity or owner per Orange County tax rolls): RMS Constructors Group, LLC. 6996 Piazza Grande Ave, Suite 212, Orlando FL 32835 Name and Address of Principal's Authorized Agent,if applicable: List the name and address of all lobbyists,consultants,contractors,subcontractors, individuals or business entities who will assist with obtaining approval for this project.(Additional forms may be used as necessary.) 1. Name and address of individual or business entity: Are they registered Lobbyist? Yes_ or No_ 2. Name and address of individual or business entity: Are they registered Lobbyist?Yes— or No 3. Name and address of individual or business entity: Are they registered Lobbyist?Yes or No 4. Name and address of individual or business entity: N/A Are they registered Lobbyist? Yes_ or No 5. Name and address of individual or business entity: Are they registered Lobbyist?Yes or No 6. Name and address of individual or business entity: _ Are they registered Lobbyist? Yes_ or No_ 7. Name and address of individual or business entity: Are they registered Lobbyist? Yes or No 8. Name and address of individual or business entity: Arc they registered Lobbyist?Yes_ or No___. ATTACIIMENT F Page 1 of 3 For Staff Use Only. Specific Project Expenditure Report(Revised November 5,2010) Initially submitted on------ For n____ ____.____For use as of March 1.2011 Updated On ROADBASE,ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS Case or Bid No. Y17-1099 -Rr%1 Company Name: RMS Constructors Group, LLC Part Il Expenditures: For this report,an "expenditure" means money or anything of value given by the principal and/or his/her lobbyist for the purpose of lobbying,as defined in section 2-351, Orange County Code.This may include public relations expenditures including,but not limited to,petitions,fliers,purchase of media time,cost of print and distribution of publications. However,the term"expenditure"does not include: •Contributions or expenditures reported pursuant to chapter 106,Florida Statutes; • Federal election law, campaign-related personal services provided without compensation by individuals volunteering their time; • Any other contribution or expenditure made by or to a political party; • Any other contribution or expenditure made by an organization that is exempt from taxation under 26 U.S.C.s.527 or s.501(c)(4), in accordance with s.112.3215,Florida Statutes;and/or • Professional fees paid to registered lobbyists associated with the project or item. The following is a complete list of all lobbying expenditures and activities(including those of lobbyists,contractors, consultants,etc.)incurred by the principal or his/her authorized agent and expended in connection with the above- referenced project or issue. You need not include de minimus costs(under$50)for producing or reproducing graphics,aerial photographs,photocopies,surveys,studies or other documents related to this project. Date of Name of Party Description of Activity Amount Expenditure Incurring Paid Expenditure N/A TOTAL EXPENDED THIS $ REPORT ATTACHMENT F Page 2 of 3 For Staff Use Only: Specific Project Expenditure Repoli(Revised November 5,2010) Initially submitted on For use as of March I,2011 Updated On ROADBASE,ASPHALT, CURB,GUTTER AND MISCELLANEOUS CONCRETE REPAIRS Case or Bid No. Y17-1099 -RM Company Name: RMS Constructors Group, LLC Part HI • ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED I hereby certify that information provided in this specific project expenditure report is true and correct based on my knowledge and belief. I acknowledge and agree to comply with the requirement of section 2-354,of the Orange County code,to amend this specific project expenditure report for any additional expenditure(s)incurred relating to this project prior to the scheduled Board of County Commissioner meeting. i further acknowledge and agree that failure to comply with these requirements to file the specific expenditure report and all associated amendments may result in the delay of approval by the Board of County Commissioners for my project or item,any associated costs for which I shall be held responsible. In accordance_with s. 837.06,Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the)t'ent to-mislead a public servant in the performance of his or her official duty shall be guilty of a misd2eanoyi1 the second degree,punishable as provided in s.775.082 or s.775.083, Florida Sytutes. Date: 06/08/2017 )` Sigriat i6, f Principal or O Principal's Authorized Agent (check appropriate box) PRINT NAME AND TITLE: Mike Rahmankhah MGR STATE OF clbyic COUNTY OF oy4413e-: 1 ce ify that for going instrument was acknowledged before me this day of, ' - , 20��l by diti r . He/she is personally known tome or has produced as identification and did/did not take an oath. ik Wit ess 91 hand and official seal in the county and state stated.abo e n the day of �'� � in the year_ . //I Pip tore o Not Pubic " otar RWEWSOME Notary Public for the State o , �'' li 'Lr * e * 6f COMMISSION SIGN t FF 164580 My Commission Expires: O. 24-7>) c in EXPIRES:Seplember3O,2018 J r-4orr,e !booed Thru Budget Notary Services Staff signature and date of receipt of form Staff reviews as to form and does not attest to the accuracy or veracity of the information provided herein. ATTACHMENT F Page 3 of 3 For Staff Use Only: DC CE FORM 2P Date Submitted FOR PROCUREMENT-RELATED ITEMS(November 5.2010) Date Updated For use after March 1,2011 Bid Number Y17-1099-RM RELATIONSHIP DISCLOSURE FORM FOR USE WITH PROCUREMENT ITEMS,EXCEPT THOSE WHERE THE COUNTY IS THE PRINCIPAL OR PRIMARY APPLICANT For procurement items that will come before the Board of County Commissioners for final approval, this form shall be completed by the bidder, offerer, quoter or respondent and shall be submitted to the Procurement Division by the bidder,offerer,quoter or respondent. In the event any information provided on this form should change, the applicant must file an amended form on or before the date the item is considered by the appropriate board or body. Part I INFORMATION ON APPLICANT (BIDDER, OFFEROR, QUOTER, PROPOSER, OR RESPONDENT): Legal Name of Applicant: RMS Constructors Group, LLC Business Address(Street/P.O. Box,City and Zip Code): 6996 Piazza Grande Ave, Suite 212 Orlando, FL 32835 Business Phone(407) 872-7000 Facsimile(407) 442-0719 INFORMATION ON APPLICANT'S AUTHORIZED AGENT, IF APPLICABLE: (Agent Authorization Form also required to be attached) Name of Applicant's Authorized Agent: Business Address(Street/P.O. Box,City and Zip Code): Business Phone( ) Facsimile( ) ATTACHMENT 0 PAGE 1 OF 3 For Staff Use Only: OC CF FORM 2P Date Submitted_ FOR PROCUREMENT-RELATED ITEMS(November 5,2010) Date Updated For use after March 1,2011 Bid Number Y17-1099-RM Company Name: RMS Constructors Group, LLC Part H IS THE APPLICANT A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC? YES x NO IS THE MAYOR OR ANY MEMBER OF THE BCC THE APPLICANT'S EMPLOYEE? YES x NO IS THE APPLICANT OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN THE OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR ANY MEMBER OF THE BCC? YES x NO If you responded "YES" to any of the above questions,please state with whom and explain the relationship: (Use additional sheets of paper if necessary) ATTACIIP1ENT G I'ACE 2 OF 3 For Staff Use Only: OC CL FORM 2P Date Submitted FOR PROCUREMENT-RELATED h EMS(November 5,2010) Date Updated For use after Iblareb I,2011 Bid Number Y17-1099-RM Company Name: RMS Constructors Group, LLC Part III ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED I hereby certify that information provided in this relationship disclosure form is true and correct based on my knowledge and belief. If any of this information changes, I further acknowledge and agree to amend this relationship disclosure form prior to any meeting at which the above-referenced project is scheduled to be heard. In accordance with s.837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with t 'Intent-leo mislead a public servant in the performance of his or her official duty shad be 1 ty of-amisdemeanor in the second degree,punishable as provided in . s.7 082 or s!�7. 0$3,Florida Statutes. g4/,_'..�� ' /,:� . 06/08/2017 , A Date.Sigal ,Applicant Print Name and Title of Person completing this form: Mike Rahmankhah MGR STATE OF_Cit>tr COUNTY OF E' gel : 0 1 certify thatWe foreg it jnstrul len was ac npw dged before me this A day of 20 that by $ �� /she is eersonally known to me or ha produced asidentification and did/did not take an oath. Witness my hand and official seal in the county and state stated above on the S 41k- day of 1 , in the year 2.0r.� ... ..r ( �. rte c-,7,:„., ,..: ., Signat re of Ntary Public 1 AY P NNdtaryy At NEWSOME Notary Public for the State of � L)y'I .:a- ,l, ,,'MYCOMMISSION 0Ff164580 My rninission Expires: '. EONS:September 30,2018 �,{21'.l 1 -• )C)j 2.c \Q 'For ri-;?P Bubaed Toru Budge)Notary Services R Staff signature and date of receipt of form Staff reviews as to form and does not attest to the accuracy or veracity of the information provided herein. ATTACHMENT C PAGE 3 OF 3 E VERIFICATION CERTIFICATION IFi3 NO. Y17-1099-RM NAME OF CONTRACTOR: RMS Constructors Group, LLC (referred to herein as "Contractor") ADDRESS OF CONTRACTOR: 6996 Piazza Grande Ave, Suite 212 Orlando, FL 32835 The undersigned does hereby certify that the above named contractor: 1. Is registered and is using the E-Verify system; or 2. Does not have any employees and does not intend to hire any new employees during the period of time that the contractor will be providing services under the contract and consequently is unable to register to use the E-Verify system; or 3. Employs individuals that were hired prior to the commencement of providing labor on the contract and does not intend to hire any new employees during the period of time that the contractor will be providing labor under the contract, and consequently is unable to use the E-Verify system. The undersigned acknowledges the use of the E-Verify system for newly hired employees is an ongoing obligation for so long as the contractor provides labor under the contract and that the workforce eligibility of all newly hired employees will be properly verified using the E-Verify system. In accordance with Section 837.06, Florida Statutes, Contractor acknowledges that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duties shall'be guilty of a misdemeanor in the second degree, punishable as provided in Se tion 5.0827or Section 775.083, Florida Statutes. AUTHORIZED SIGNATURE: / NAME: Mike Rahmankhah TITLE: MGR DATE: 06/08/2017 ATTACHMENT 11 June 2, 2017 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA ADDENDUM NO. 1 /IFB NO. Y17-1099-RM ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS Bid Opening Date: June 8, 2017 This Addendum is hereby incorporated into the bid documents of the project referenced above. The following items are clarifications, corrections, additions, deletions and/or revisions to and shall take precedence over the original documents. Additions are indicated by underlining, deletions are indicated by strkethrough. A. The Bid Opening Date remains June 8, 2017 B. The following are responses to bidder's inquiries. 1. In the bid documents, section 16, it states that the prime contractor to be considered for this work shall be either registered or certified by the state of Florida. Is there a specific type of certification require (i.e. GC, underground, etc.)? Response: Prime Contractors, to be considered for 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. It is up to each bidder to get with the entities in the above requirement to ensure they meet the licensing requirements. Please refer to Part C section 16. C. All other terms, conditions and specifications remain the same. The Bidder shall acknowledge receipt of this addendum by completing the applicable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form of acknowledgement must be completed and returned not later than the date and time for receip pfthe bid. " Receipt a no,. ledged by:7 / 61/44/7 Au orr,,, 'z dSi nature Date Signed g g i M G rI- R M5. C,. fy Title Name of Firm Y17-1099-RM: Addendum #1 Page 1 of 1 June 2, 2017 sem''■ie,. STATE OF FLORIDA 4 .`1F i DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION L` - h�` CONSTRUCTION INDUSTRY LICENSING BOARD (850)487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 RAHMANKHAH, MANOOCHEHR RMS CONSTRUCTORS GROUP, LLC 6996 PIAT7A GRANDE AVE SUITE 212 ORLANDO FL 32835 Congratulations! With this license you become one of the nearly -'- one million Floridians licensed by the Department of Business and } STATE OF FLORIDA Professional Regulation. Our professionals and businesses range f from architects to yacht brokers,from boxers to barbeque :: .1$ DEPART ....,OF,BUSINESS AND restaurants,and they keep Florida's economy strong. 'i °s`' *� PROFE 9 t,•'I GULATION . It ��Every ;,- daywe work to improve the waywe do business in order ,fi CGC 1507424 :`, •. ��06/06/2016 n � to serve you better. For information about our services,please _ logonto www.myflorldailcense.com. There you can find more 1' CERTIFIED Gi# •'.1".:,eAug,a inormation about our divisions and the regulations that impact �' !; RAHMANKHA • !.!..',v ; 44.1-'1' you,subscribe to department newsletters and learn more about RMS CONSTR l'.:'•`f M1 lir `1;e;` the Department's initiatives. y- Our mission at the Department is:License Efficiently,Regulate .',1,),1- •r ';:� Fairly.We constantly strive to serve you better so that you can ii �^.' - serve your customers. Thank you for doing business in Florida, .i • le CERTIFIED under the provisions of Ch.489 FS. and congratulations on your new license! a=v4a+ ae�:Duca+,zo�le 11so6060000B18 DETACH HERE RICK SCOTT,GOVERNOR KEN tAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD , - r ; LICENSE NUMBER ` k, "r 4�%.., fl �� CGC1607424 •"'ii' The GENERAL CONTRACTOR • .,` �y Named below IS CERTIFIED • Under the provisions of.Chapter 489 FS. -. „ Expifatlpn ljate:'AUG 31, 2018 .� ea �-� .. . .Zr ti., ` i • . I •y .,.... I� � • R4HMAN(4HAH,MAN00C ,,.-. ".' y' • 11;-7: . .. 'RMS,CONBTRUCTORS; =f •••LLC �,, t' - ' ler .t99"6•PjAZ7A-t NAI ... +". .. r. ..; �� ., b. �U(TE 12- .. �ti '4�► � ,O6LDD -. L•32 ...i.,,,......-z• M- Iii: '. \':' .k...... .0 '0. . " ', ;, � 1144 . \ \ \ a' x' •':� 1 t • ISSUED: 06/0512016 DISPLAY AS REQUIRED BYLAW SEQ# 11606060000516 1171,Vtt 1tQtRIV11JIF, IQA tUtIG4tVl s_ I UI LJU3t11630 IQA f‘at,UIIJL t ciatlt�tY '�.rVt,,ji'Lys rit.o m li This local business tax receipt Is in addition to and not In lieu of any other tax required by law or municipal ordinance.Businesses are subject to regulation of zoning,health and oft lawful authorities.This receipt Is valid from October 1 through September 30 of receipt year.Delinquent penalty Is added October 1, 2016 EXPIRES 9/30/2017 5000-1128009 5000 BLDG CONTR BUSINESS 830.00 1 EMPLOYEE ; 1801 CERTIFIED GENERAL C $30.00 1 EMPLOYEE TOTAL TAX $60.00 RAHMANKHAH MANOOCHEHR PREVIOUSLY PAID $60.00 TOTAL DUE $0.00 RMS CONSTRUCTORS GROUP LLC • RAHMANKHAH MANOOCHEHR 8129 CANYON LAKE CIR ORLANDO FL 32835 8129 CANYON LAKE CIR (MOBILE) U-ORLANDO,32835 PAID: $60.00 0098-00718879 7/0/2016 Scott Randolph, Tax Collector Local Business Tax Receipt Orange County, Florida Phis local business tax receipt Is in addition to end not in lieu of any other tax required by law or municipal ordinance.Businesses are subject to regulation of zoning,health and oth' awful authorities.This receipt is valid from October 1 through September 30 of receipt year.Delinquent penalty Is added October 1. 4018 EXPIRES 9130/2017 5000-1128009 5000 BLDG CONTR BUSINESS $30.00 1 EMP iy18pg RTIFIED GENERAL C $30.00 1 EMPLOYEE 131 O te..1TOTAL TAX $60.00 CO2 • A:1 PREVIOUSLY PAID $50.00 • • • • HMANKHAH MANOOCHEHR TOTAL DUE $0.00 �fAa- V� MS CONSTRUCTORS GROUP LLC " O� RAHMANKHAH MANOOCHEHR 81?ORLANDO,32633rj CIR (MOBILE) e,o1� 8129 CANYON LAKE CIR V ■ , ORLANDO FL 32835 PAID: $60.00 0098-00718879 7/612016 This receipt is official when validated by the Tax Collector. To find out about business and economic opportunities for Florida veteran business enterprises,as well as Florida's small minority and women-owned businesses,please contact or visit the Department of Management Service's Office of Supplier Diversity at: 0 lirlD://www.dun.mt'florliln.conl/oiher pro;rains/o rce oLsupplier diversity osd • To find ow about State of F! • r __ tractions nth between vendors and state}} I� '..,, �, • _ . IMarketPlace `t at: ♦•Mins:/A'e,zdor.mj'furi i;. ' / r / n.rr; e. I k 1 •• g la 1 \-- t ' 4 �� ! ems; :":4. ,y,.r. l� '.%If-‘,, / ,. AC# as" ,t \ , 4jrJ z4c.,, ‘ / 1,. e„.,„.. 1 pt,,,,..;1. 04 fiff �Y n 'til vialga °t ,,.�' F• Q \_(IJ r_..% • �Q IN& . q i , 1,, - ' - 7----- '. .., SIGNATURES • Vit ' .4 SIGNATURE 1-- 1 , _ Bill W fl „ '$ * / wltn s ,�r --; - A . I K W ) D rq t, ' 'Y.moi . i ty.. to a `� w < O Pg tn< L1. ),`v� ±1.5'if, i... •4cx_ 1 .a> iH i wE , Pg o a � s .1• ,':-.1t1"`- (For the protection of our professional liar' ft7 OC , M - .• ,F,' „;. am' ilthorized reproduction is sr t►-vii 1 i 0 ��? ` i . R 7' a,��:' " w'�'� :{ ti The Department of Business and Professional: w u = . w n a 0¢w },.:,•w;�;;,r.''',*'-'•'� ''„ - the State of Florida. I Q '"`E•, g o co$ ,4?t:.k°r , r, DBPR is changing the way you interact ,With SI z 2 d •!. 1 ,1 m "Y,` 4-‘ ,...4-; ; icense.com, We encourage you to utilize these services tot { 0 a z V o ''' Name changes require legal documentation ve; W a" "1 ° ^ : 'CT`' • to '�., ,a;,,;,., ..,, ';�''<•..� '' copy or a duplicate copy of an original or certified copy 7,..,,,,-'•' • .as a question about the authenticity of the document. If-applicable,the DBPR will send a renewal notice to your last known address or email address of record, If you have not received your renewal notice,please call our Customer Contact Center at 850,487.1395 or online at www,MyFloridal,icense,com/contactus. Please refer to your profession's governing statutes and Administrative codes for further infomtation regarding renewals. These may be accessed from our website. AC# 01488987 Form W"9 Request for Taxpayer Give Form to the (Rev.December 2014) requester.Do not Department of the Treasury Identification Number and Certification send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. RMS Constructors Group,LLC • 2 Business name/disregarded entity name.if different from above a CZ rn 0a 3 Check appropriate box for federal tax classification;check only one of the following seven taxes: 4 Exemptions(codes apply only to cert❑Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions i nsion,not individuals;see a 2 single-member LLC instructions on page 3): o J Limited liability company.Enter the tax classification(C.0 corporation,S.S corporation,P=partnership)► Exempt payee code(if any) ❑ Exemption from FATCA reporting 2 Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the fine above for cthe tax classification of the single-member owner. code(if any) Ct.u ❑Other(see instructions)► Aro.,rn•co,e,r,,,,.mC rn•dDude the u.s.f U 5 Address(number,street,and apt or suite no.) Requester's name and address(optional) $ 6996 Piazza Grande Ave,Suite 212 6 City,state,and ZIP code en' Orlando,FL 32835 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other - - entities,it is your employer identification number(FIN).If you do not have a number,see How fo get a TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer Identification number guidelines on whose number to enter. 4 6 - 4 4 9 1 9 2 3 Part II Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. (am not subject to backup withholding because:la)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividend(on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secur (operty,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and divide s,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page.3. --- r� Sign Signature of /, - `1 r l' Here u.S.person► f �.� Date P. Ce> - • U // / ` •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T General I nstructiof7s � // (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at vvww.irs.gov/fw9 Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number ISSN).individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATiN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or •Form 1099-INT(interest earned or paid) 3.Claim exemption Iron backup withholding if you are a U.S.exempt payee.If •Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099•K(merchant card and third party network transactions) Cat.No.10231K Form W-9(Rev.12-2014) lrl.) i (l j:',II r F.tlii CG(; NO: "i50742.1 June 6, 2017 Purchasing and Contracts Division 400 E. South Street 2nd Floor Orlando, FL 32801 RE: Term Contract for Roadbase, Asphalt, Curb, Gutter and Miscellaneous Concrete Repairs. Y17-1099 Dear Mr. Melo Thank you for considering RMS Constructors Group, LLC. (Herein after "RMS") as a Certified General Contractor for the Term Contract for Roadbase, Asphalt, Curb, Gutter and Miscellaneous Concrete Repairs. At RMS we believe that the most successful construction projects begin with good planning. RMS Constructors Group, LLC. Will approach each task the same way we have managed past projects, by scheduling early meetings, involving client representatives, utility companies and other associated stakeholders involved with the project. Upon award of the contract, all work will be thoroughly discussed and approved by our client prior to construction. We will review site conditions, plan and specifications and discuss improvement before each operation begins. The RMS team is fully committed to serve as the client's advocate and representative for each task. The RMS management team has over 30 years' experience. We commit ourselves completely and competently to achieve all goals set forth RMS Constructors Group, LLC. Is a rapid growing construction commodity. Currently there are 8 employees, including management staff, supervisory staff and laborers. If needed, additional employees will be hired to fulfill our obligations with the client. The RMS team pledges to successfully complete this highly visible, ',. general contracting service. We can make this pledge to our clients for the following reasons. • We will provide the same team that has successfully completed several projects In Florida over tile past 3 years; RMS understanu:, sur client's goal to maintain customer service and satisfaction; we ;..ve a proven contracting-approach that supports these achievements; 6996 Piazza Grande Ave Suite 212 Orlando,Fl 32835 011ice:407-872-7000 Fax:407-442-0'(19 { • Our ability to anticipate and work through project challenges is apparent from our in-depth construction experience, which identifies issues and solutions for every concern, • We have a history of establishing clear expectations, maintaining communication and partnering on our projects; and • We have proven our abilities by successfully completing similar projects, including storm water, drainage and piping, sidewalk and curbs. RMS constructors Group, LLC. Has local resources, office, staff and equipment immediately available. Our team possesses expertise and specific knowledge in road construction, and a strong commitment to serving our clients. The quality staff we offer will easily provide the services as they have illustrated on past governmental projects. Complemented by an excellent team that are familiar with local government policies and procedures, the RMS team will devote our competency to the project Our subcontractors Enriquez Construction and EM Paving bring expertise in their respective services and minority firm participation to the projects. All have worked with RMS for the past three years. Below is a list of areas we are qualified for: • Total Site work: Earthwork Utility & Paving; • Site Preparation; • Demolition; • - Concrete Cutting; • Dewatering; • Excavation Support Systems; • Ponds & Reservoirs; • Paving & Surfacing; • Concrete Walks & Paving; • Unit Pavers I Site Pavers; • Fences & Grates; • Retaining.Wall Systems; • Walk, Road & Parking Appurtenances ; • Site & Street Furnishings; • Play Field Equipment & Structures; • Planting, Landscaping & Irrigation The most common causes of disputes on transportation projects are design deficiencies, utility conflicts and unknown site conditions. Our proactive approach can help to improve a deficient design. Enhanced site investigation can identify and resolve many utility conflicts and unknown site conditions. By keeping open lines of communication, we will partner together to anticipate and resolve issues before claims are made. Equipment List Name Classification Experience/Year Local Availability Ford Dump Truck 2010 Yes Ford Pick-Up Truck 2012 Yes GMC Pick-Up Truck 2016 Yes Volvo Mini Loader 2010 Yes Volvo Mini Loader 2009 Yes Volvo Skid steer 2011 Yes Wacker Compactor Yes Diamond Hand Saw Yes Product Walk Behind Yes Selfprop Saw Kent Concrete Yes Breaker Green Plate Multiequip Yes Tamper Chevrolet Crew Cab Truck 2012 Yes Volvo Mini-Excavator 2008 Yes Gas Cut-Off Yes Partner Saw(2) Mack 20 Yard Dump 2006 Yes Truck Volvo (2)and Loader 2009 Yes Any additional comes from Neff Rentals or United Rentals Equipment PART G SPECIAL CONDTIONS 1. All work under this contract shall be performed under the supervision of the Manager of the Orange County Roads and Drainage Division or designee, 4200 South John Young Parkway, Orlando, Florida, 32839-9205 Interpretation of the Terms, Special Conditions and Technical Provisions of this contract in whole or in part is strictly reserved for the Roads and Drainage Division Management or designees. The Bidder, by submission of a bid, acknowledges complete understanding of contract requirements and associated documents, if any. No questions as to interpretation of the Terms, Special Conditions and Technical Provisions of this contract shall arise after bid opening. Neither this contract nor any delivery orders produced under this contract are based solely on any one line item or combinations of line items and should not be inferred. Work derived under this contract is based on the needs at each individual project site. 2. The Contractor shall coordinate all inspections with the County's Representative. The Contractor shall verify that all work scheduled to be inspected is complete. The Contractor shall be responsible for the solution of any problems or discrepancies that may arise during the inspection process. 3. The Contractor shall institute a quality control plan for this contract, which will be made available to the County for approval. The Contractor shall be responsible for and shall verify all quality control actions to the County's Representative as directed. 4. Maintenance of Traffic (M.O.T.) shall conform to F.D.O.T.'s most current editions of the "Roadway and Traffic Design Standards" for Design, Construction, and Maintenance Systems and the Federal Highway Administration (F.H.W.A.) "Manual on Uniform Traffic Control Devices (M.U.T.C.D.) for Streets and Highways". These documents can be ordered from F.D.O.T., Maps, and Publications Department, 605 Suwannee Street, Tallahassee, Florida, 32399- 0450, Phone (904) 488-9220. A proposed traffic control plan will be submitted to the County's Representative for approval, at least two (2) working days prior to start of work. IF THE CONTRACTOR DOES NOT COMPLY WITH F.H.W.A.'S M.U.T.C.D. (I.E. SIGNS, QUALIFIED FLAGGERS AND/OR BARRICADES), THE COUNTY RESERVES THE RIGHT TO DIRECT THE CONTRACTOR TO CEASE OPERATION UNTIL DEFICIENCIES ARE CORRECTED. IN ADDITION, NO ROAD CLOSURES WILL BE ALLOWED AS A GENERAL RULE EXCEPT IN THE CASE OF EMERGENCIES. 5. The use of public roads and streets by the Contractor shall provide a minimum inconvenience to the public and traffic. G- I 6. The Contractor shall comply with the most current edition of the Accident Prevention Manual pertaining to employee safety and applicable Occupational Safety and Health Administration (O.S.H.A.) and Orange County Standards. The Contractor will be responsible for obtaining copies of these publications by contacting the F.D.O.T. Maps and Publications Department in Tallahassee, O.S.H.A. Regional Office in Atlanta, Ga. And Orlando respectively. 7. A mandatory Pre-work meeting will be conducted by the County's Representative to ensure understanding and cooperation of all parties. 8. The County's Representative will be entitled at all times to be advised, at his/her request, as to the status and details of the work being completed by the Contractor in a format he/she requires. The Contractor shall maintain coordination with the County's Representative at all times . To effectively communicate with County staff while in the field, the Contractor's Representative shall have available communication devices with internet access (including email) (e.g. Cellular phone, laptop computer, blackberry, etc.). This mandatory requirement will ensure proper communication and documentation of problems while performing operations in contracted areas. 9. It is the contractor's responsibility to visit the work site prior to starting operations on any assigned project to ascertain site conditions. A site meeting will be held to ensure proper understanding of the scope of work for each project. The Contractor will submit a work schedule prior to beginning any work ordered. The work schedule will contain the location of the work each day. The Contractor will consult with the County's Representative prior to any schedule variance. The notification will occur the day before the day of the scheduled variance and must be agreed to by the County's Representative. 10. No work will begin until a Delivery Order has been issued to the contractor. The Delivery Order for each project will contain a start date and completion date. For curb replacement, start and completion dates will be established according to the minimum required production rate in the contract for each project released under this contract. Each Delivery Order will be treated as a standalone project. Should the Contractor fail to complete all work on or before the date stipulated for completion on a Delivery Order, or such later date as may result from an extension granted by the County, he/she will pay and/or the County may retain from the compensation otherwise to be paid to the Contractor, as liquidated damages, the sum of two hundred ($200) dollars for each consecutive calendar day (including weekends and holidays) after the completion date allowed by the Delivery Order until the entire work is complete. 11. The Contractor will supervise and direct the work efficiently with due care, skill and attendance. The Contractor will be responsible to ensure that thefinished work complies accurately with the specifications. G-2 12. The Contractor will provide competent, suitable and qualified personnel to perform the work as required by the specifications. The Contractor will, at all times, maintain good discipline and order at the work site. The Contractor will provide a list of all foreman and supervisors who will perform the work. This list will also contain twenty-four (24) hour emergency telephone numbers. All staff (including Supervisors) will be required to perform all obligations and functions on County property in a professional and business-like manner and must wear uniforms identifying the company name. 13. The Contractor shall designate a competent Contractor's Representative who will not be replaced without written notice to the County's Representative at least twenty-four (24) hours before or after the incident. The Contractor's Representative will be present at the job site and will have the authority to act on behalf of the Contractor. The Contractor's Representative at each work site shall be fluent in the English language. All communications (both verbal and written) given to the Contractor's Representative will be binding as if given to the Contractor. All verbal communications will be followed up in writing within two (2) working days. To effectively communicate with County staff while in the field, the Contractor's Representative shall have available communication devices with internet access (including email) (e.g. cellular phone, laptop computer, Smart Phone, etc.). This mandatory requirement will ensure proper communication and documentation of problems while performing operations in contracted areas. The use of sub-contractors does not relieve the Contractor from these requirements. 14. The Contractor shall notify all residents within the work area as to when the work will take place and explain the level of inconvenience that will be involved. This notification shall take place five (5) days prior to commencement of any work in that area. The notification will be by an approved door hanger to be placed on each house and any vehicles parked on the roadways. Notification to residents must include Orange County's Government Information Number (311) and shall take place five (5) days prior to commencement of work in that area. Copy of notification per project shall be faxed to the County's Representative. When required, as determined by the County's Representative, message boards shall be placed by the Contractor no less than seven (7) days prior to starting operations. Costs associated to notification to residents shall be included on the unit prices for services under this contract. Failure to provide adequate notification may result in termination of this contract. G- 3 All work performed, unless authorized by the County's Representative, will take place between the hours of 7:00 A.M. and 5:00 P.M.., Monday through Friday. No work is to be performed on Saturdays, Sundays or Federal, State, and County holidays, unless authorized by the County's Representative. If the contractor desires to work on Saturdays, Sundays, or official County holidays (New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve and Christmas Day) he/she must obtain pre-approval from the County's Representative. The Contractor must provide his/her request to work the above days twenty-four (24) hours in advance. 15. Due to congested traffic or unusual conditions, the Contractor may be required to remove his/her operation from the right-of-way and County property at the discretion of the County's Representative. If the Contractor is required to remove his/her operation due to congested traffic, inclement weather (heavy rain, lighting, hail, tropical storm, hurricane, etc.) or other unusual conditions before 12:00 P.M. (noon), the County will consider allowing an additional one-half (1/2) day be added to the performance period, otherwise no adjustment will be made to the performance period. The County's Representative will determine and authorize such award after the Contractor makes a written application for this. The County will verify alleged conditions in the area prior to authorization. Once approved, the County will modify the completion date, accordingly, for the project and will notify the Contractor. 16. The County will not provide staging or storage areas for the Contractor. On a case by case basis, in an area where County surplus property is persons responsible for the property, use said property for staging with the understanding that the Contractor shall restore the property to its original or better condition upon completion of the project prior to submitting an invoice for work completed and accepted. Agreements for utilizing areas for staging must be in writing and submitted to the County prior to starting operations. Should the right-of-way be requested to be used for staging or storage area, an agreement must be submitted on writing to the County for approval prior to starting operations, and must include a plan for maintenance of traffic, pedestrian safety, protection to drainage structures and swales to prevent runoff obstructions, and restoration of the right-of-way to its original or better condition upon project completion. No staging of equipment or material shall be allowed near roadway intersections to avoid sight distance obstructions. Water needed on the project shall be coordinated between the Contractor and the utility company providing the water at no additional cost to the County. G-4 17. EQUIPMENT — The Contractor shall furnish necessary equipment to satisfactorily perform the work required under this contract. The Contractor shall ensure all equipment used in the performance of the contract on County property is in good safe working order and properly maintained in order to protect the operator and the public. All equipment onsite (including pickup trucks) shall be identified with the company logo. Ensure all equipment used in the performance of the contract on County property is in good safe working order and properly maintained in order to protect the operator and the public. All equipment used by the Contractor is subject to inspection by the County's Representative. Any equipment on site, which is deemed by the County's Representative to be inoperable, unsafe, or improper for desired use, must be removed from the premises by the Contractor at his/her expense the same day of the county's determination. The Contractor is required to use amber flashing lights, back-up alarms, etc. on all equipment and his/her employees must be provided with the required Personnel Protective Equipment as required by O.S.H.A. and the County. Equipment authorized by the County to be left on the right-of-way or County property after designated work hours will be placed outside the clear and recovery area and will be the sole responsibility of the Contractor. If equipment is left on the right-of-way, it will be marked with barricades with approved steady burning amber lights. 18. The Contractor shall be responsible for locates of utilities prior to starting operations. Locate tickets shall be kept on site at all times. The Contractor shall notify utility companies and residents of any damages to private property (irrigation, utilities, etc.) and shall repair damages immediately. The Contractor shall be responsible for these areas for a period of six (6) months after acceptance of the project and shall be required to correct any damages related to such repairs. No additional compensation shall be provided to the Contractor for locates or repairs to damages as specified above. The Contractor shall be responsible for and make good all damage resulting from their activities, both within and beyond the limits of this contract, to buildings, telephone, power or other cables, water pipes, storm sewer facilities, sanitary pipes, gas lines, traffic signalization, or other utilities or structures which may be encountered. It shall be the Contractor's responsibility to eliminate and prevent damages to utilities resulting from Contractor's activities. 19. DISPOSAL — The Contractor shall dispose of debris in a County approved landfill or permitted facility in accordance with all Federal, State and Local rules and regulations in effect at the time of disposal. Cost involved with the disposal of debris shall be the responsibility of the Contractor. G- 5 20. MULTIPLE CONCURRENT PROJECTS — At any time during the contract, the contractor shall have adequate resources to work on multiple (no limits on the amount of projects to be released at a time) Orange County projects at the same time. The multiple concurrent project capability is considered a minimum requirement in the consideration of award of a contract for this solicitation and for the ongoing performance. All work will be ordered by the County's Representative in the form of Delivery Orders on an as needed basis. Should concurrent projects be issued, it is the responsibility of the Contractor to notify the County's Representative, in writing within 2 - 3 days of request, if he/she has maximized his/her resources and the volume of work is beyond their operational capacity. Failure to advise the County's Representative of this situation and/or subsequent failing to meet work completion schedules, may lead to contract termination. It is understood by all bidders that the quantities listed herein are estimates only and are not purchased by this Contract, nor is the County obligated to issue concurrent project work. All work will be ordered by the County's Representative in the form of Delivery Orders on an as needed basis. 21. MINIMUM PRODUCTION RATE — Curbing areas to be worked under this contract can be located in one continuous area or multiple non-continuous areas (usually spread- out over vicinity). The contractor shall be capable of providing a minimum production rate of one hundred and fifty (150) linear feet of curb per day per project regardless of the condition to meet the needs of this contract. Project performance periods will be based on this rate. The minimum production rate for concrete replacement will be 2,000 square feet per week per project. 22. MANAGEMENT PLAN AND RESOURCE LIST - All Bidders, as part of their submittal, shall provide a detailed Management Plan and Resource List. The Resource List shall contain the minimum components for each work crew available for use on Orange County projects under this contract. The management plan shall describe how the contractor plans to utilize all available resources to fulfill the requirements of this contract. The management plan and resource list collectively shall assist in the evaluation of the Contractor's capability to handle multiple concurrent projects under this contract. Failure of a bidder to provide an acceptable Management Plan and Resource List may delay or prevent an award of this contract. The management plan shall include (at a minimum) details on: • The Bidder's approach to the independent management of the contract. This shall include their understanding of contract requirements and how multiple concurrent projects are to be handled. • An organization chart showing a reporting hierarchy of staff the key individuals responsible for the work. Subcontractors (if any) shall also be identified. • If the Bidder has other contracts with the County, the management plan shall include the organization chart and resource listings for those. contracts. G-6 • A complete list of equipment to be dedicated to the contract with applicable vehicle identification numbers. Equipment intended to be used under this contract must be available for inspection at the request of the Roads & Drainage Division. - A complete list of workers who will be dedicated to work under the contract. This list shall include project management, supervisory personnel, list of workers. Emergency contacts shall be highlighted. If sufficient resources are not available, the Bidder shall prove that they have the ability to obtain those additional resources to be able to provide services as required. G- 7 PART H TECHNICAL PROVISIONS This work consists of providing all labor, materials, equipment and incidentals necessary to perform roadway road base, asphalt, curbs, gutters, sidewalks and other miscellaneous concrete repairs to include but not limited to removal, replacement, repair, hauling, grading, stabilization and sodding at designated locations within Orange County. The County's Representative will determine where (continuous or non-continuous locations) and what types of road base, asphalt, curb, gutter, miscellaneous concrete and other incidentals for associated infrastructure repair are deemed necessary. All work and materials will be in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and Florida Department of Transportation Design Standards, and Orange County Road Construction and Specifications, latest editions or as directed by the County's Representative. NOTE: The cost of project mobilization, removal and disposal of existing infrastructure or other materials and maintenance of traffic shall be included in the unit prices for services. 1. Unless otherwise specified, no plans/drawings are provided for work to be performed under this contract. The Contractor shall layout the work from benchmarks, control points and construction base lines established at the site, or supplied by County. All work of every description shall be laid out and checked by the Contractor who will be held solely responsible for its correctness. No special compensation will be made to the Contractor to defray costs of any of the work or delays by making surveys and measurements, tests or inspections, but such costs shall be considered as having been included in the price stipulated for the several items of work to be done under this contract. The Contractor shall bear all costs of relocating and/or re-establishing damaged or lost monuments. The prices established for the work to be done will reflect all costs pertaining to the work. 2. The Contractor shall contact and cooperate with owners of any underground or overhead utilities in the removal and rearrangement operations, in order that these operations may progress in a reasonable manner and that service rendered by these parties will not be interrupted. 3. The contractor will be responsible for locate of utilities prior to starting operations. Tickets shall be kept on site at all times. The contractor shall notify residents of any damages (irrigation, utilities, etc.) and shall repair damages immediately. The contractor will be responsible for these areas for a period of six (6) months after acceptance of the project and will be required to correct any damages related to such repairs. No additional compensation will be provided to the contractor for locates or repairs to damages as specified above. H-1 4. The Contractor shall be fully responsible for maintaining in good condition all cultivated grass plots, trees and shrubs beyond the grading limits of this Contract. After completion of the work, the Contractor shall replace or restore to the original or better condition all destroyed or damaged shrubbery or grass areas. Tree limbs, which interfere with equipment operation and are approved for pruning, shall be neatly trimmed and the tree cut coated with tree paint. 5. The Contractor shall be responsible for and make good all damage resulting from his/her activities, both within and beyond the limits of this contract, to buildings, telephone, power or other cables, water pipes, storm sever facilities, sanitary pipes, gas lines, traffic signalization, or other utilities or structures which may be encountered, whether or not shown on the plans. It shall be the Contractor's responsibility to determine the location, character and depth of any existing utilities and to assist the utility companies, by every means possible, to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from Contractor's activities. 6. QUANTITY AND FREQUENCY OF WORK - The work specified in this contract represents the type of services to be accomplished. When requested, a detailed quote with services and quantities shall be submitted to the County's Representative for any assigned project. A tentative schedule shall also be included as part of the quote for review and approval; production rates shall be take into consideration for scheduling purposes. The quote and tentative schedule shall be submitted to the County within five (5) days after notification. The Contractor shall be responsible for verification and written notification on discrepancies or disagreements concerning quantities and limits of work prior to starting operations. Discrepancies or disagreements will be mutually resolved prior to beginning work in any area in question. Should any discrepancies or disagreements remain unresolved after meeting with the County's Representative(s), the County will make the final determination on any unresolved matters, and the project shall progress accordingly. To ensure quality control and document existing work site conditions, the work site/area shall be videoed (CD/DVD) prior to work commencement and after work is completed. This video will be taken by the contractor, and shall be submitted on CD/DVD to the County with the final pay request. The cost for the videoing shall be included in the contract unit price for concrete. 7. CONCRETE BASE - All aspects of constructing Portland cement concrete roadbase on a compacted and prepared sub base shall conform to the requirements of the F.D.O.T. "Standard Specifications", latest edition except as authorized by the County's Representative. 8. SOIL-CEMENT BASE (PRIMED) - Construction of the soil cement base shall consist of soil and Portland cement uniformly mixed, moistened, compacted, finished and cured in accordance with the requirements of Orange County Road Construction Specification, Article 8, most recent edition, except where authorized by the County's Representative. Soil cement base that is not finished and cured within thirty-six (36) hours after compaction has been achieved may be rejected and subject to removal and replacement if so directed by the County's Representative. H- 2 Quantities measured for payment under this Section shall be the actual area in square area in square yards of Soil-Cement base constructed to limits, thickness, lines and grades, completed and accepted. It will be paid for at the contract unit price per square yard completed and accepted. The cost of the cement, prime coat and over material, including the spreading of each, shall be included in the contract unit price. 9. LIMEROCK BASE - Limerock base will be constructed in accordance with the requirements of F.D.O.T.'s Standard Specifications for Road and Bridge Construction, Section 200, 210, 230, 300 and Section 911, most recent edition except where authorized by the County's Representative. Density requirements will be in accordance with AASHTO T-180, except where authorized by the County's Representative. Quantities measured for payment under this Section shall be the actual area in square yards of limerock base constructed to limits, thickness, lines and grades, completed and accepted. It will be paid for at the contract unit price per square yard completed and accepted. Payment will be full compensation for work specified, furnishing, hauling, placing, spreading, mixing , compacting, and finishing limerock base. 10. ASPHALT PATCHING - Work specified in this section consists of applying Type S-III asphalt or equivalent Superpave Mix, properly laid upon a prepared base. The thickness of the Asphalt top layer will normally be 1.5" to 2" compacted. If a greater thickness is needed, additional layer will be added. At no time should one layer or lift of asphalt pavement be more than 2" thick. Also, areas of existing asphalt paving that are disturbed by the removal and/or installation of concrete curbs and sidewalk shall be replaced by the Contractor in accordance with F.D.O.T.'s Standard Specifications for Road and Bridge Construction, Section 320 and Section 334, most recent edition, except where authorized by the County's Representative. Areas that are to be patched shall be squared by saw cutting, cleaned and the base compacted before installing new asphalt. The depth required shall be at least one and one half (1.5") inches, compacted and the hot mixed asphalt shall be Type S-III or SP as specified. A tack coat shall be used to insure a good bond to the existing base and asphalt. The patched area shall be compacted flush with existing area of pavement. No under tolerances on thickness shall be permitted. Areas determined not in compliance with required thickness shall be removed and replaced by the Contractor at no cost to the County. Asphalt restoration associated with roadbase repairs shall be completed no later than forty-eight (48) hours after removal. Under no circumstances shall the Contractor leave open areas unattended for more than the specified time frame, unless otherwise authorized in writing by the County's Representative. Asphalt restoration associated with curb repairs shall be completed no later than seventy-two (72) hours after the curb has been replaced. Under no circumstances shall the Contractor leave open areas unattended for more than the specified time frame, unless otherwise authorized in writing by the County's Representative. Quantities measured for payment under this section shall be the actual area in square yards of asphaltic concrete installed within the limits of the contract. The asphalt paving will be paid for at the contract unit price per square yard completed and accepted. No additional payment will be made for thickness greater than indicated neither on the plans nor for pavement of unauthorized areas. Payment shall constitute full compensation for all labor, equipment, and materials, including bituminous material (plant mix), tack H- 3 coat, and all other incidental costs necessary to complete the work specified. 11. CONCRETE REPLACEMENT, FOUR (4) AND SIX (6) INCHES - Construction of four (4) and six (6) inches thick concrete shall conform to the requirements of the F.D.O.T.'s Standard Specifications for Road and Bridge Construction, latest edition, for sidewalk and/or driveway replacement, unless otherwise specified on this contract or where authorized by the County's Representative. The cost of project mobilization/demobilization, saw cutting, removal and disposal of existing concrete (regardless of thickness), grubbing, maintenance of traffic, etc. shall be included in the unit price for concrete replacement. Clearing and grubbing shall include the removal of roots (above ground level and up to six (6) inches underneath the concrete, plants, shrubs, hedges, etc. Disturbed areas shall be re-compacted per FDOT standards. Payment for site preparation and construction as specified herein (including incidentals) shall be included in the unit price for concrete replacement. Foundations shall conform to the requirements of all applicable FDOT standards except where authorized by the County's Representative. Payment for foundations shall be included in the unit price for concrete replacement. Public sidewalk ramps shall be constructed per FDOT "Standard Specifications for Road and Bridge Construction", latest edition and ADA regulations unless otherwise specified on this contract or where authorized b y the County's Representative. County's Representative. Ramps, reconstructed sidewalks, walk around sidewalks, sidewalk landings and sidewalk curbs are to be paid for under the contract unit price for sidewalk, 6 inch. Detectible surface mats shall be installed flush to the concrete; no gaps, lips or other defects shall be accepted. Deficiencies found shall be immediately corrected at no additional cost to the County. All joints shall conform to applicable FDOT standards except where authorized by the County's Representative. On new sidewalks, joints are to be provided every 4 to 5 feet, a 1/2" expansion joint (performed filler) must be in place every 30 feet and in areas where sidewalk and driveway/apron/curb meet. The County's Representative shall have absolute authority on the type of joints to be used and the position on all projects and at any given location. Construction joints shall be constructed at the end of all pours and at other locations where the concrete placement operations are stopped for as long as thirty (30) minutes except where authorized by the County's Representative. Payment for joints shall be included in the unit price for concrete replacement. Provide the new concrete with a neat broom finish and protect the new panels/sections from traffic and environmental effects until the area is suitable for traffic. Concrete edges must be straight and smooth, no sharp or rugged edges will be allowed. No graffiti, coating, overlaying or surface repairs will be allowed. The contractor shall be responsible to restore sodded areas affected by the concrete replacement operations as specified herein. No additional compensation will be provided for sod replacement. The quantity of concrete replacement will be paid at the contract unit price per square yard of concrete replaced, and will include compaction of the subgrade to the H- 4 required density, grade, fill, thickness, etc. No under-tolerances will apply to the thickness of the required concrete. Areas determined not to be in compliance with the required thickness will be removed and replaced by the contractor at no cost to the County. All concrete shall be Class I, unless otherwise noted. A mix design shall be submitted to the County for approval prior to starting operations under this contract. 12. CONCRETE CURBS AND GUTTERS (ALL TYPES) - Construction of concrete curbs and gutters shall conform to the requirements of F.D.O.T.'s Standard Specifications for Road and Bridge Construction, Section 520, most recent edition, except where authorized by the County's Representative. 12.1 Foundation - Foundation material upon which the concrete is placed by slip- forming shall be compacted as specified and shall be moist at the time of placement. For poured in-place concrete, the foundation material shall meet the specified densities and shall be thoroughly wetted but free of standing water just prior to placing concrete. 12.2 Contraction Joints - For matching placed items, contraction joints shall be cut to a minimum depth of one-and-one-half (1%") inches. Sawing shall begin as soon as the concrete has hardened to the degree that excessive raveling will not occur. Sawing shall progress in the same direction and sequence as the concrete placement. Every third joint shall be sawed first, then saw intermediate joints. 12.3 Curing - Concrete shall be cured as provided in Section 520-8 of the "Standard Specifications", latest edition, except as authorized by the County's Representative. Curing material shall be applied to the concrete surfaces after finishing as soon as the concrete has hardened sufficiently to prevent marring the surface or within one (1) hour after finishing is completed, whichever occurs first. Applying curing materials shall not be held up due to other activities on the project. If the Contractor chooses to use a membrane-curing compound, it shall be Type 2, white-pigmented, meeting AASHTO M 180 requirements. Curing compound shall be thoroughly agitated before pouring from original container and periodically agitated during application to prevent settlement of pigment. The use of any accelerator/retardant agents must be pre approve by the County Representative. When approved, they must conform to supplier's time limits for placement without reduction of the concrete P.S.I requirements. Provide the new concrete with a neat broom finish and protect the new panels/sections from traffic and environmental effects until the area is suitable for traffic. Concrete edges must be straight and smooth, no sharp or rugged edges will be allowed. No graffiti, coating, overlaying or surface repairs will be allowed. The quantity of curb and gutter replacement will be paid at the contract unit price and shall include compaction of the subgrade to the required density, grade, fill, thickness, etc. No under-tolerances will apply to the thickness of the required concrete. Areas determined not to be in compliance with the required thickness will be removed and replaced by the contractor at no cost to the County. H- 5 All concrete shall be Class I, unless otherwise noted. A mix design shall be submitted to the County for approval prior to starting operations under this contract. 13. QUALITY - The Contractor will be responsible to coordinate inspection of open panels/trenches prior to pouring concrete or backfilling for compliance with required thickness, root/debris removal, framing, depth, etc. All concrete must be poured at a uniform thickness as specified by the County's Representative (no under tolerances will be allowed). The Contractor will be responsible for removal of work determined not to be in compliance with these requirements at no cost to the County. New concrete shall have a neat broom finish and shall be protected from traffic and environmental effects until the area is suitable for traffic. New concrete identified by the County's Representative no to be in compliance with the required broom-finish shall be removed and replaced at no additional cost to the County. All concrete edges must be straight and smooth, no sharp or rugged edges shall be allowed. No graffiti, coating, overlaying, exposed aggregates or surface repairs shall be allowed on new concrete at any time. The Contractor will be responsible for damages to the turf, curbs, mailboxes, sign posts and bases, delineator posts, fences (including electronic), guys, landscaped areas, pavement, etc. The Contractor shall be responsible for restoring it to its original condition and/or replacement thereof, prior to the end of the project. Rut damaged areas shall be cut-out, backfilled with clean fill dirt and appropriate sod shall be put back. Disturbed sodded areas more than 4-inches wide shall be restored to original condition by removing 1-foot along the area and re-sodding with adequate sod. Sodded areas shall be maintained as specified in these specifications. All disturbed locations less than 4-inches wide along sidewalks shall be backfilled with clean black fill dirt. No additional compensation will be provided to the contractor for repairs to damages as specified above. The contractor shall notify residents of any damages (irrigation, utilities, etc.) and shall repair damages immediately. The contractor will be responsible for these areas for a period of six (6) months after acceptance of the project and will be required to correct any damages related to such repairs. No additional compensation will be provided to the contractor for repair to damages as specified above. Driveway approaches and sidewalk portions of driveways must be re-poured within 24 hours after removal. Residents at any driveway work location must have 24-hour notice prior to removing existing concrete. Residents must have reasonable access to the driveway area at all times. All work areas including areas with debris shall be barricaded at all times. No open areas shall be left open during Holidays of Holiday weekends. When pedestrian traffic is impeded by work operations; barricades, restrictive tape, or other restraints will be used to keep pedestrians from the work site. 14. VEGETATION - The Contractor will be fully responsible for maintaining in good condition all vegetation, e.g. cultivated grass plots, trees, shrubs, etc. around the work area. Where maintained shrubbery or grassed areas must be removed or destroyed incidental to the construction operation, the Contractor will, after completion of the work, replace/restore to the original condition, all destroyed or damaged shrubbery or grass. The Contractor should understand that shrubbery may be encountered at any given site H- 6 and should consider this when submitting a bid for structures. Grass that must be removed for the construction will be replaced at the contract unit price for that particular type of sod. Trees interfering with the construction shall be evaluated by the County's Representative and trimmed or removed accordingly by the County. All disturbed areas are to be graded to within plus or minus one tenth (1/10') of a foot of the existing elevation and will be sodded to match existing sod unless otherwise directed by the County's Representative. Sod placed adjacent to the road will be placed flush with the top of the road surface so as not to cause a drop off or rise of sod dirt to asphalt. NOTE: The Contractor is fully responsible for all disturbed areas outside the designated work area and will repair/replace at no cost to the County. 14.1 Sodding - The Contractor shall establish a stand of grass sod in the necessary areas of construction by furnishing and installing sod, fertilizing, watering, and maintaining the sodded areas in accordance with F.D.O.T.'s Standard Specifications for Road and Bridge Construction, Section 575, most recent edition, except where authorized by the County's Representative. In established areas, unless otherwise approved by the County's Representative, replacement sod shall be of the same type as the existing sod (i.e. replace Bahia sod with Bahia sod). An exception to this is in shaded areas in which case shade tolerant Floratam Sod will be used. Every piece of sod will be pegged (minimum 3 pegs per piece of sod) if area to be sodded has a slope of three-to-one (3:1) or greater. Thoroughly water the sod immediately after placing. Do not apply more than one inch of water per acre per week for establishment. Use watering equipment that will prevent damage to the finished sod surface. The contractor shall keep the sod in a moist condition for a period of 30 days or until a firm root system and healthy stand of grass is established, whichever is longer. The minimum rate of application of fertilizer (12-0-8) shall be one thousand (1,000) pounds per acre. 14.2 Seeding and Mulching - The Contractor shall Seed and Mulch all areas disturbed by construction which are not designated for sodding in accordance with F.D.O.T.'s Standard Specifications for Road and Bridge Construction, Sections 162 and 570, most recent edition, except where authorized by the County's Representative. Work under this Section shall include the seeding, mulching, fertilizing, and watering necessary to provide routine maintenance of the seeded area until the work is accepted by the County's Representative. The maximum rate of application of fertilizer shall be one-thousand (1,000) pounds per acre. The rate of seed spread shall be one-hundred-fifty (150) pounds per acre. In the period from the 15th of March to the 15th of October, the seed mixture shall be seventy-five (75) pounds of Bahia and seventy five (75) pounds H- 7 of Bermuda. During the remainder of the year, the mixture shall be fifty-five (55) pounds each of Bahia and Bermuda, twenty (20) pounds of annual rye, and twenty (20) pounds of brown top millet. Do not water newly seeded area to force the seed germination. Do not apply more than one (1") inch of water per acre per week for sustaining the grass growth. The seeded area shall be kept in a moist condition for a period of thirty (30) days after seeding or until the root system and a healthy stand of grass are established, whichever is longer. The seeding and mulching will be accepted by the County's Representative whenever a healthy stand of grass covering at least ninety (90%) percent of the area has been established. The County's Representative, at the time, may require replanting of any areas in which the establishment of the grass stand does not appear to be developing satisfactorily. 15. FILL DIRT - Fill material shall be free of vegetation, deleterious material, rock, concrete, metal, wood, plastic, paper, garbage, gravel, trash, etc. The County reserves the right to inspect the source of the supply prior to delivery. In general, fill material are comprised of mixture approximately 45 percent clean native soil, 40 percent sand, maximum 10 percent muck and maximum 5 percent vegetation (allowable). Material shall be clean fill material without any construction debris with uniform moisture content prior to and during compaction throughout each layer of material. Use backfill material having placement moisture content within 2% on the dry side of optimum. At the end of each day's operation, slope the backfill surface in order to permit runoff of rainwater away from the slope face, or provide some other positive drainage. Muck, sand, and clay will not be accepted as fill dirt. Loads that contain undesirable material will not be accepted and removal of the material will be the responsibility of the Contractor at no cost to the County. 16. TESTING - Unless otherwise specified herein , the Contractor shall be responsible for any testing and densities required as per Orange County and FDOT specifications at no cost to the County. Cost for testing and densities shall be included on the unit price for services provided. 17. CLEAN UP - The Contractor shall keep the work site free from accumulations of waste materials, rubbish and debris from and about the work site, daily, as well as all tools, construction equipment and machinery, and surplus materials, and will leave the site clean, safe, and ready for occupancy by the County. The Contractor will restore to their original condition those portions of the work site, such as staging and stockpile areas, not designated for alteration by the Contract Documents. This will include returning the area to the proper grade and slope as well as replacing sod, etc. 18. AS-Built - The Contractor shall submit as-built sketches for assigned projects under this contract to include services and quantities/measurements of work completed and accepted by the County. Before and after pictures shall also be submitted with the as-built and invoice for the project. The cost for the as-built sketch and required pictures (including labor, materials and incidentals) shall be included on the unit prices for services provided under this contract. H- 8 19. MEASUREMENT AND PAYMENT - All measurement for payment will be based on the completed work performed in strict accordance with drawings and specifications. All work completed under this contract will be measured by the Contractor in the presence of the County's Representative. The unit prices submitted on the Bid Item Schedule will constitute full compensation for the work completed. Maintenance of Traffic and Mobilization/Demobilization shall be included in the unit price for services provided under this contract. Concrete Curb (all types) - Unit prices for services shall be inclusive of labor, equipment and materials necessary for the removal, replacement and repair of curbs (continuous and non-continuous pours). Unit prices shall also include the costs of hauling, grading, stabilization, testing, density, project mobilization/demobilization, maintenance of traffic, as-built, cleanup, notification to residents, etc. Sod and Seed (as specified) - Unit prices for services shall be inclusive of labor, equipment and materials necessary for sodding and seeding as specified. Unit prices shall be inclusive of the costs for fertilization, grading , watering, project mobilization/demobilization, maintenance of traffic, as-built, cleanup, notification to residents, etc. Hot Mix Asphalt (as specified) - Unit prices for services shall be inclusive of labor, equipment and materials necessary for the removal, replacement a n d repair of asphalt (continuous and non-continuous areas). Unit prices shall also include the costs for milling, tack coat, hauling, grading, stabilization, testing, density, project mobilization/demobilization, maintenance of traffic, as-built, cleanup, notification to residents, etc. Soil Cement Base - Unit prices for services shall be inclusive of labor, equipment and materials necessary for the removal, replacement and repair of soil cement (continuous and non-continuous areas). Unit prices shall also include the costs for prime coat, hauling, grading, stabilization, testing, density, project mobilization/demobilization, maintenance of traffic, as-built, cleanup, notification to residents, etc. Concrete Road Base - Unit prices for services shall be inclusive of labor, equipment and materials necessary for the removal, replacement and repair of concrete road base (continuous and non-continuous areas). Unit prices shall also include the costs for hauling, grading, stabilization, testing, density, project mobilization/demobilization, maintenance of traffic, as-built, cleanup, notification to residents, etc. Limerock Road Base - Unit prices for services shall be inclusive of labor, equipment and materials necessary for the removal, replacement and repair of limerock road base (continuous and non-continuous areas). Unit prices shall also include the costs for hauling, grading, stabilization, testing, density, project mobilization/demobilization, maintenance of traffic, as-built, cleanup, notification to residents, etc. Concrete Replacement (as specified) - Unit price for services shall b e inclusive of labor, equipment and materials necessary for the removal, replacement and repair of concrete (continuous and non-continuous pours). Unit prices shall also include the costs of hauling, grading, stabilization, testing, density, project mobilization/demobilization, maintenance of traffic, as-built, cleanup, notification to residents, etc. H- 9 Soil Testing - Unit prices for services shall be inclusive of labor, equipment and materials necessary for soil testing and proctor as requested by the County's Representative. Unit prices shall be inclusive of the costs for project mobilization/demobilization, maintenance of traffic, test result report, etc. Fill Dirt - Unit prices for services shall be inclusive of labor, equipment and materials necessary to supply fill dirt as specified. Unit prices shall be inclusive of the costs for hauling, placement, grading, project mobilization/demobilization, maintenance of traffic, as-built, cleanup, notification to residents, etc. Detectible Warning Surface - Unit prices for services shall be inclusive of labor, equipment and materials necessary for the installation, replacement and repair of detectible warning surface mats on ADA pedestrian ramps. Unit prices shall also include the costs for hauling, project mobilization/demobilization, maintenance of traffic, as-built, cleanup, notification to residents, etc. Traffic Officer (Emergency) - Unit prices for services shall be inclusive of labor, equipment and materials necessary to provide law enforcement for emergency traffic operations during night operations. Emergency Mobilization after Hours - Unit prices for services shall be inclusive of labor, equipment and materials necessary for emergency project mobilization/demobilization after hours. This service is above and beyond the requirements described as part of regular services under this contract. 20. FINAL INSPECTION - Upon written notice from the Contractor that the project is complete, per contract and delivery order requirements and any changes authorized by the County, the County's Representative will make a final inspection with the Contractor and will notify the Contractor in writing of any deficiencies in the project. The Contractor will correct all deficiencies within seven (7) workdays or as agreed to by the County's Representative and a final inspection for the punch list will be conducted before final acceptance and payment is made. If any items on the punch list remain deficient or damages are identified as a result of the punch list work and additional re-inspections are required, the County will assess an eighty ($80.00) dollar fee to the Contractor. The eighty ($80.00) dollar fees will be assessed for every re-inspection after the first punch list inspection. The fee is assessed to offset the additional County labor costs and vehicle usage required for unnecessary inspections and the fee will be deducted from the final invoice for that Delivery order. 21. FINAL INSPECTION FOR PAYMENT - After the Contractor has corrected all deficiencies to the satisfaction of the County's Representative, the Contractor shall submit a final invoice for services provided. The Contractor will be required to submit with the final invoice for each project effective final release or waivers of lien from the Contractor and all subcontractors and suppliers which performed services or provided materials for the Contractor pursuant to the contract documents. The Contractor is required to submit with the final invoice, a completed notarized original of the attached asbestos free certification and as-built sketches as noted above. The Contractor is required to submit this information and the final invoice no later than two weeks (14 calendar days) after final inspection and acceptance has been made. Failure to comply with proper H- 10 invoicing requirements may result in termination of this contract. 22. PERFORMANCE ISSUES - The County will hold the Contractor responsible for meeting all of the Contractor's obligations. If performance issues arise, the Contractor will be responsible for providing a written corrective action plan within two (2) working days from the meeting. Failure to provide a satisfactory corrective action plan, or failure to comply with any instructions, corrective action plan, and/or an agreed plan, may result in issuance of a Notice to Cure. H- 11 IFB NO. Y17-1099-RM ISSUED : May 8, 2017 INVITATION FOR BIDS TERM CONTRACT FOR ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS *********************************************************************************************** Mail or Hand Deliver ORIGINAL BID FORM & THREE (3) COMPLETE COPIES By June 8, 2017 To: BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA INTERNAL OPERATIONS CENTRE ll PROCUREMENT DIVISION 400 E. SOUTH STREET — 2"d FLOOR ORLANDO, FLORIDA 32801 Bid Opening: June 8, 2017 - 2:00 PM Internal Operations Centre II Procurement Division, 2"d Floor Orlando, Florida 32801 Non-Mandatory Pre-Bid Conference - May 19, 2017 - 1:30 P.M. Roads & Drainage Division, Conference Room 317 4200 S. John Young Parkway, Orlando, FL. 32839 Interested bidders are encouraged to attend. NOTICE TO BIDDERS/OFFERORS To ensure that your Bid/proposal 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 Rolando Melo at 407/836-5644 or email to Rolando.MeloO,ocfl.net. PART A 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-3 4. BID PREFERENCE FOR REGISTERED SERVICE-DISABLED VETERANS (SDV) C-9 5. BID ERRORS C-9 6. DEVIATIONS C-9 7. SUBSTITUTE MATERIAL AND EQUIPMENT C-10 8. REQUESTED INFORMATION/DESCRIPTIVE LITERATURE C-10 9. AWARD OF CONTRACT/REJECTION OF BIDS C-10 10. POSTING OF RECOMMENDED AWARD C-11 11. CONTRACT DOCUMENTS C-12 12. MODIFICATION/ALTERATION OF SOLICITATION C-12 13. LAWS AND REGULATIONS C-12 14. REQUIRED DISCLOSURE C-12 15. EXECUTION OF WRITTEN CONTRACT C-13 16. LICENSING REQUIREMENTS C-13 17. SECURITY FORFEITURE C-13 18. PERFORMANCE BOND AND PAYMENT BOND C-14 19. QUALIFICATIONS OF SURETY COMPANIES C-14 20. TRENCH SAFETY ACT C-15 21. DRUG FREE WORKPLACE C-15 22. BID TABULATION AND RECOMMENDED AWARD C-15 23. INDEMNIFICATION FOR TORT ACTIONS C-15 24. OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.) C-16 25. PUBLIC ENTITY CRIME STATEMENT C-16 26. SUBCONTRACTOR/SUPPLIER INFORMATION C-16 27. SUBCONTRACTOR'S PAST PERFORMANCE C-16 28. REFERENCES C-17 29. UNIT PRICES C-17 30. EVALUATION OF OPTIONS C-17 31. UNBALANCED PRICING C-17 32. BID AND RELATED COSTS C-18 33. SOLICITATION CANCELLATIONS C-18 34. LICENSES/PERMITS/FEES C-18 35. BID ACCEPTANCE PERIOD C-18 36. EQUAL OPPORTUNITY C-18 37. ETHICS COMPLIANCE C-19 38. TOBACCO FREE CAMPUS C-19 39. VERIFICATION OF EMPLOYMENT STATUS C-20 40. PROPRIETARY INFORMATION C-20 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 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 III 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 27 - INTERIM EXTENSION OF PERFORMANCE 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 ARTICLE 38 - MULTIPLE AWARDS F-41 G SUPPLEMENTAL CONDITIONS/SPECIAL PROVISIONS G-1 - G-7 H TECHNICAL SPECIFICATIONS H-1 - H-11 iv THIS PAGE LEFT INTENTIONALLY BLANK ISSUED: May 8, 2017 NOTICE INVITATION FOR BIDS (IFB) NO. Y17-1099-RM ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS Sealed Bid offers (Original Bid Form and three (3) complete copies) for furnishing the above will be accepted up to 2:00 PM, June 8, 2017, in the Internal Operations Centre II, the Procurement Division, 2nd Floor, 400 E. South Street, Orlando, FL 32801. Bids will be opened shortly thereafter in the Second Floor Conference Room, Orange County Internal Operations Centre II. Bid Documents may be obtained from the Orange County Procurement Division at the above address, Phone: (407) 836-5635. NOTE: Bid documents are now available for downloading from the internet at orangecountyfl.net. The IFB contains all required documents for this solicitation. No other technical specifications, drawings or other documents are required. A Non-Mandatory Pre-Bid Conference will be held on May 19, 2017, 1:30 P.M., at Roads & Drainage Division, Conference Room 317, 4200 S. John Young Parkway, Orlando, FL. 32839. Interested bidders are encouraged to attend. SCOPE OF WORK: This work consists of providing all labor, materials, and equipment necessary to perform roadway roadbase, asphalt, curbs, gutters, sidewalks and other miscellaneous concrete repairs to include but not limited to removal, replacement, repair, hauling, grading, stabilization and sodding on designated areas. LOCATION ADDRESS: Any location within Orange County, Florida Carrie Woodell, MPA, CFCM, CPPO, C.P.M., CPPB, APP Manager, Procurement Division PART B THIS PAGE LEFT INTENTIONALLY BLANK PART C - INSTRUCTION TO BIDDERS 1. GENERAL: a. The term County used herein refers to the Board of County Commissioners, 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 submit the Bid in four parts (original Bid Form, marked original, with attachments and three (3) copies of the Bid Form and all attachments) and indicate his 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, proposals or quotations, unless otherwise specified, must be delivered in a sealed envelope, either mailed or hand carried, to the Procurement Division, Internal Operations Centre II, 400 E. South Street, 2nd Floor, Orlando, Florida 32801, prior to the Bid opening time as specified in Part B. Bids received after the date and time specified will be returned unopened. The time/date stamp clock located in the Procurement Division shall serve as the official authority to determine lateness of any Bids. Respondents are cautioned that they are responsible for delivery to the specific location cited above. Therefore, if your Bid, proposal or quotation is delivered by an express mail carrier or by any other means, it is your responsibility to ensure delivery to the above address. This office will not be responsible for deliveries made to any place other than the specified address. The delivery of said Bid to the Procurement Division prior to the time and date stated in the preceding sentence is solely and strictly the responsibility of the Bidder. The County shall not be responsible for delays in delivery to the Procurement Division caused by the United States Postal Service or courier service, delivery to any other County Office or delays caused by any other occurrence. The Bid delivery time will be scrupulously observed. Bid proposals received after the delivery time specified will not be considered. The decision to refuse to consider a bid or proposal that was received beyond the date/time established in the solicitation shall not be the basis for a protest pursuant to the Orange County (Procurement Ordinance). C-1 (1) Invitation for Bid Number (2) Hour and Date of Opening (3) Name of Bidder (4) Return address of the Bidder c. Bids will be publicly opened in the Procurement Division Conference Room, 2nd Floor of the Orange County Internal Operations Centre II, 400 E. South Street, Orlando, Florida. d. All Bid proposals 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 Proposal. Failure to promptly submit this evidence or qualification to do business in the State of Florida may be basis for rejection of the Bid Proposal. e. The Bidder is solely responsible for reading and completely understanding the requirements and the specifications of the solicitation. f. Bid proposals may be withdrawn by written or telecopied requests dispatched by the Bidder and received by the Manager of the Procurement Division before the time for receiving Bids has expired. Negligence on the part of the Bidder in preparing a Bid proposal is not grounds for withdrawal or modification of a Bid proposal after such Bid proposal has been opened by the County. A Bidder may not withdraw or modify a Bid proposal after the appointed Bid proposal opening and such Bid proposal must be in force for ninety (90) days after the Bid opening. Bidders may not assign or otherwise transfer their Bid proposals. g. At the time and place fixed for the opening of Bid proposals (see above), every Bid proposal properly delivered within the time fixed for receiving Bid proposals will be opened and publicly read aloud, irrespective of any irregularities found therein. Bidders and other persons interested may be present, in person or by representative. 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. C-2 If Bid security is required by Paragraph h. of this Section, submission of an original Bid Bond (copy not acceptable) 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, 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 total estimated Contract amount for the first Contract year. Submittal of a Bid Bond less than ten percent (10%) of the total estimated Contract amount for the first Contract year shall result in rejection of the bid. Any submitted Bid Bond must be submitted to the County in duplicate. The duplicate copy must be a photographic reproduction of the completed form set forth in the Contract Documents and clearly marked "COPY". 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. 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. Every request for interpretation shall be in writing addressed to Rolando Melo, or email to Rolando.Meloocfl.net. To be given consideration, such requests must be received Ten (10) days prior to bid opening. 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 downloading from the Internet at orangecountyfl.net. 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. C-3 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 25% participation 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 MNVBE 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. 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. C-4 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 a Prompt Payment Clause (reference Part F, Article 21, paragraph B) in all subcontracts and purchase orders. The Contractor should include in the subcontracts that they are contingent upon execution of the prime Contract. 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. 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. 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: a. that their interest in the contract is being solicited; b. of the specific work the Bidder intends to subcontract c. how to obtain information about and review the contract plans and specifications; d. about information on bonding, insurance and other pertinent requirements; C-5 All requirements as it relates to the bonding, insurance and pre-qualifications must be given to the M/WBE's at the time the notice is provided. This information must be received and decisions to utilize the M/WBE must be known and denoted on Attachment C-2 prior to the bid submittal. e. the deadline for bid or proposal submissions to the Bidder and the bid due date to the County; f. 24 hours notice of any addenda. ii. If M/WBE goals were not achieved, the bidder shall provide an explanation as to why the scopes of service listed in the bid documents were not subcontracted on Attachment C-2. iii. Bidders shall follow up initial submittals of interest by contacting M/WBEs and documenting using a contact log, which shall include the firm's name address, contact information (e-mail, telephone and/or fax numbers), scope of work requested, the date, name of person making the effort, denote if M/WBEs will bid, time quote received and notes denoting if plans and specifications were sent. Each bidder shall use the standardized contact log, Attachment C- 4. iv. In instances where a non-minority/non-woman contractor is listed for work for which M/WBE availability exists, the Bidder shall submit ALL quotations received from M/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. C-6 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 MNVBE 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 MNVBE 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 MNVBE 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. f. Sliding scale for enforcement of good faith effort requirements If the established goals are not achieved by the low Bidder and it has been determined that the good faith efforts required for compliance have not been documented by the low Bidder, then the bid shall be rejected as non-responsive, but only if the next lowest responsive bid does not exceed the low bid by more than: i. Eight (8) percent on contract awards up to one hundred thousand dollars ($100,000.00);or ii. Seven (7) percent on contract awards from $100,000.00 to $500,000.00; or iii. Six (6) percent on contract awards from five hundred thousand dollars and one cent ($500,000.01) to seven hundred fifty thousand dollars ($750,000.01); or iv. Five (5) percent on contract awards from seven hundred fifty thousand dollars and one cent ($750,000.01) to two million dollars ($2,000,000.00);or v. Four (4) percent on contract awards from two million dollars and one cent ($2,000,000.01) to five million dollars ($5,000,000.00); or C-7 vi. Three (3) percent on contract awards over five million dollars and one cent ($5,000,000.01) However, if the next low bid is responsive only because of the Bidder having made good faith effort (not because of having met the goals), the Board may approve award of the Contract to the next low Bidder only if the value of its M/WBE participation is equal to or greater than that of the low Bidder. g. 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. h. Bidders shall not reject an M/WBE as unqualified without sound reasons based on a thorough and documented investigation of that M/WBE's capabilities. i. Bidder's efforts will be evaluated considering the ability of other Bidders to meet the requirements relating to the use of M/WBE subcontractors. j. Bidders should make whatever additional efforts are necessary to achieve the goals and it is recommended that these efforts be documented. However, this documentation shall not replace the required documentation if the goals are not met. Bidders are encouraged to contact the Business Development Division 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. C-8 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. 1. The County has established a credit program whereby Contractors are awarded credits to be applied toward meeting the M/WBE goals on certain County bids. Emphasis will be placed on credits for Non-County Utilization and First-Time M/WBE Utilization: 1. Non-County Utilization Credit (Credit issued for the actual contract dollars) This credit may be earned for the use of Orange County certified M/WBE's on private sector projects not involving governmental funding, and government projects that do not have mandated M/WBE goals. 2. First-Time M/WBE Utilization Credit (Credit issued for the actual contract dollar) This credit may be earned by contractors/consultants who joint venture with an Orange County certified M/WBE for the first time or include and utilize a M/WBE for the first time in a bid/proposal. You will need to obtain approval for these credits from the Business Development Manager. This process will take at least 30 days to complete. Begin by submitting a letter indicating the specific M/WBE credit (Non-County Utilization Credit or First Time M/WBE Utilization Credit) for consideration. Also, include for the Non-County Utilization Credit program details to support documentation such as contracts from project after January 2002 through current year, proof of payment. Upon receipt of this written request, our office will begin contacting the M/WBE firms to verify the M/WBE utilization information on provided. If the information is verified, then a certificate of credit will be provided. The credits are good for two years, then expire without renewal. The firm must specify on form C-2 when a credit is to be used. Credits may be used to offset a maximum of 20% of the overall M/WBE goals (For example, if the bid is for $500,000, the stipulated M/WBE goal for this project will be 25%, or $125,000. 20% of the stipulated goal is $25,000 in credits that may be used. The remaining $100,000 (to meet the stipulated goal) must be obtained through regular M/WBE participation. Credits are tracked for each firm by the Business Development Division. C-9 m. 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. 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 solicitation. Also, in accordance with the County SDV Ordinance, preferences for registered service-disabled veteran business enterprises shall be applied on bid awards (sealed bids). C-10 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). 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 C-11 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 Bid Proposal cuts, sketches, descriptive literature and/or complete specifications relative to the items proposed and offered. 9. AWARD OF CONTRACT/REJECTION OF BIDS: At its sole discretion, the County may award multiple contracts for this work. If this decision is made, the low responsive and responsible Bidder for those requirements identified in the Bid Schedule for the Primary Contractor shall be awarded the Primary Contract followed by award to the low responsive and responsible Bidder(s) for those requirements identified in the Bid Schedule for the Secondary Contractor. After any applicable contract minimums have been satisfied, the Primary Contractor will be given priority consideration for all work under the Contract. In the event the primary Contractor is unable to perform, the other Contractor(s) may be issued orders as required. 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. C-12 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 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/OranqeBids/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.orangecou ntyfl.netNendorServicesNendorProtestProcedures.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.orangecountvfl.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. C-13 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 all material facts with its Bid submission pertaining to any felony conviction or any pending felony charges in the last three (3) years 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, officer, director, stockholder, partner or owner of Bidder or against any such related or affiliated entity. This disclosure shall not apply to any person or entity who is a stockholder, owning less than 20% of the outstanding shares of a Bidder whose stock is publicly owned and traded. The Board of County Commissioners may reject, at its sole discretion, any Bidder the Commission finds to lack, or whose present or former executive employees, officers, directors, stockholders, partners or owners are found by the Commission to lack honesty, integrity, or moral responsibility. The Commission's finding may be based on the disclosure required herein, the County's own investigation, public records, or any other reliable source of information. The Commission may also reject any Bidder failing to make the disclosure required herein. By submitting a Bid, Bidder recognizes and accepts that the Board of County Commissioners 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 pertinent information relating to the reasons for rejection of its Bid. C-14 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 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. C-15 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: a. Surety must be admitted 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. C-16 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. 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. C-17 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 be held personally liable in tort or named as a defendant in any action for any or damage suffered as a result of any act, event, or failure to act. The County shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 24. OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.): All material, equipment, etc., to be incorporated into the resultant contract shall meet and conform to all as proposed and offered by Bidders must meet and conform to all O.S.H.A. requirements; the Bidder's signature upon the Bid Proposal form (Part D) being by this reference considered a certification of such fact. 25. PUBLIC ENTITY CRIME STATEMENT (FS 287.133): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, Subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida State Statutes Section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 26. SUBCONTRACTOR/SUPPLIER INFORMATION: If maximum M/WBE participation is desired, bidders must list all proposed Subcontractors and suppliers to be used, regardless of racial or gender grouping, to include names, addresses, phone numbers, type of work subcontracted (trade or commodity), dollar amount of work, and the M/WBE designation or Majority (Non-M/WBE) owned company .Attachment C-2 is provided for this information. Contractor shall not change any Subcontractors without just cause and approval by the County. C-18 27. SUBCONTRACTOR'S PAST PERFORMANCE: Bidder is responsible for verifying subcontractor's satisfactory performance on previous Orange County projects. Failure to do so may impact Bidder's responsibility determination. 28. REFERENCES: Bidder should supply (with the bid form) a list of at least two (2) similar projects for roadbase, asphalt, curb, gutter, sidewalk repair and replacement, successfully completed by the Bidder, as a Prime or Sub Contractor within the last eight (8) years, and that meet the following. Failure to provide this information may be cause for rejection of the bid. 1. Bidder shall have installed a minimum of 1,000 linear footage of curb and sidewalk repair or replacement and 250 square yards of roadbase and asphalt repairs. These elements can be demonstrated among several projects and is not required to all be in a single project. 2. Projects submitted shall contain a combination of the following elements: a. Removal and replacement of curb and gutter, b. Roadbase and asphalt repairs, c. Sidewalk repair and replacement d. Pedestrian ramp installation and upgrades e. Clearing and grubbing. 3. The following will NOT be considered as similar to the ones requested as part of this contract: parking lots, resurfacing, installation of underdrain, shoulder restoration, incidental work, etc. EACH SIMILAR PROJECT LISTED SHALL BE LISTED WITH COMPLETE INFORMATION AS SPECIFICALLY PROVIDED ON THE REFERENCE FORM ( ATTACHMENT E). THE SPECIFIC INFORMATION ON REFERENCES MUST BE PROVIDED ON THE REFERENCE FORM. DO NOT ATTACH LISTINGS OF REFERENCE INFORMATION. FAILURE TO PROVIDE REFERENCE INFORMATION AS REQUESTED MAY RESULT IN THE REJECTION OF YOUR BID. The determination of whether a bidder is responsible or not shall be at the sole discretion of the County. Although the County may request submission of a minimum number of similar projects for evaluation, the County's determination of a bidder's responsibility shall not be solely based on the number of similar projects submitted. The contact person listed as a reference shall be someone who has personal knowledge of the Bidder's performance during the referenced project. Contact persons must have been informed that they are being used as a reference and that the County will be calling or emailing them. C-19 29. UNIT PRICES: Unless the Bid Item Schedule contained in Part D specifies otherwise, unit prices for individual line items shall include all costs, including but not limited to, mobilization, maintenance of traffic, overhead and profit. 30. EVALUATION OF OPTIONS: The County shall evaluate Bids/offers for award purposes by adding the total price for all options to the total price of the basic period. However, the evaluation of options will not obligate the County to exercise the option(s). 31. UNBALANCED PRICING A. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques. The greatest risk associated with unbalanced pricing occur when — 1. Startup work and mobilization are separate line items; 2. Base year quantities and option year quantities are separate line items ; or 3. The evaluated price is the aggregate of estimated quantities to be ordered under separate line items of an indefinite-delivery contract. B. All offers with separately priced line items or subline items shall be analyzed to determine if the prices are unbalanced. If cost or price analysis techniques indicate that an offer is unbalanced, the Manager Procurement Division shall: 1. Consider the risks to the County associated with the unbalanced pricing in determining the competitive range and in making the award decision; and 2. Consider whether award of the contract will result in paying unreasonably high prices for contract performance. 3. An offer may be rejected if the manager determines that the lack of balance poses an unacceptable risk to the County C-20 32. BID AND RELATED COSTS: By submission of a Bid, the Bidder agrees that all costs associated with the preparation of his/her Bid will be the sole responsibility of the Bidder. The Bidder also agrees that the County bears no responsibility for any costs associated with the preparation of the Bid and/or any administrative or judicial proceedings resulting from the solicitation process. 33. SOLICITATION CANCELLATIONS Orange County reserves the right, and the Manager of Procurement Division has 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 to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code. 34. LICENSES/PERMITS/FEES: A. In compliance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each permit, license, and/or fee applicable to this work/project (before and during construction) that will either be paid by the Contractor or by the Orange County Board of County Commissioner as specified below: Orange County will be responsible for paying for any and all permits, licenses, and fees imposed on the Work/Project by agencies of the Orange County Board of County Commissioners. This does not alleviate the Contractor from obtaining the permits. B. Permits and Fees for Agencies other than Orange County Board of County Commissioners: The Contractor shall procure and pay for all permits and licenses, charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the work. The cost of all permits, fees, etc; shall be included in the bid price except where noted otherwise in the specifications or other bid documents. C. The Orange County Government Fee Directory, incorporated herein by reference, contains a list of licenses, permits and fees that may apply to this project. The fee directory link "Fees" is available at: http://www.orangecountvfl.net/portals/0/resource%201ibrary/open%20government /FeeDirectorv.pdf Bidders shall review all applicable licenses, permits and fees and contact the applicable agency if there are any questions. C-21 35. BID ACCEPTANCE PERIOD: Any Bid submitted in response to this Invitation of Bids shall remain in effect for a period of 90 days after Bid opening. Upon request of the County, the Bidder at its sole option may extend this period. 36. EQUAL OPPORTUNITY It is hereby declared that equal opportunity and nondiscrimination shall be the County's policy intended to assure equal opportunities to every person, regardless of race, religion, sex, sexual orientation and gender expression/identity, color, age, disability or national origin, in securing or holding employment in a field of work or labor for which the person is qualified, as provided by Section 17-314 of the Orange County Code and the County Administrative Regulations. Further, the awarded Contractor shall abide by the following provisions: (a) The awarded Contractor shall represent that awarded Contractor has adopted and maintains a policy of nondiscrimination as defined by applicable County ordinance throughout the term of this contract. (b) The awarded Contractor shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the nondiscrimination provision of the contract. (c) The provisions of the prime contract shall be incorporated by the awarded Contractor into the contracts of any applicable subcontractors. 37. ETHICS COMPLIANCE The following forms are included in this solicitation and shall be completed and submitted as indicated below: Orange County Specific Project Expenditure Report -The purpose of this form is to document any expenses incurred by a lobbyist for the purposes described in Section 2-351, Orange County Code. This form shall be completed and submitted with any bid, proposal or other response to an Orange County solicitation. The bidder, proposer or responder to the solicitation shall not be awarded a contract unless this form has been completed and submitted. Any questions concerning this form shall be addressed to the purchasing agent or contract administrator identified in the applicable solicitation. Also, a listing of the most frequently asked questions concerning this form is attached for your information. Relationship Disclosure Form — The purpose of this form is to document any relationships between a bidder, proposer or responder to an Orange County solicitation and the Mayor or any other member of the Orange County Board of County Commissioners. C-22 This form shall be completed and submitted with the applicable bid, proposal or response to an Orange County solicitation. No contract award will be made unless this form has been completed and submitted. Any questions concerning this form shall be addressed to the purchasing agent or contract administrator identified in the applicable solicitation. Also, a listing of the most frequently asked questions concerning this form is attached for your information. 38. TOBACCO FREE CAMPUS All Orange County operations under the Board of County Commissioners shall be tobacco free. This policy applies to parking lots, parks, break areas and worksites. It is also applicable to contractors and their personnel during contract performance on county-owned property. Tobacco is defined as tobacco products including, but not limited to, cigars, cigarettes, e-cigarettes, pipes, chewing tobacco and snuff. Failure to abide by this policy may result in civil penalties levied under Chapter 386, Florida Statutes and/or contract enforcement remedies. 39. VERIFICATION OF EMPLOYMENT STATUS Prior to the employment of any person under this contract, the Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the contract term, and an express requirement that Contractors include in such subcontracts the requirement that subcontractors performing work or providing services pursuant to the state contract utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. For more information on this process, please refer to United States Citizenship and Immigration Service site at: http://www.uscis.gov/portal/site/uscis. Only those employees determined eligible to work within the United States shall be employed under this contract. By submission of a bid in response to this solicitation, the Contractor affirms that all employees in the above categories shall undergo e-verification before placement on this contract. The Contractor shall commit to comply with this requirement by completing the E-Verification certification, attached to this solicitation. 40. PROPRIETARY INFORMATION In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State or Federal Law, all proposers should be aware that Request for Proposals or Invitation for Bids and the responses thereto are in the public domain. Proposers must identify specifically any information contained in their response which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. C-23 IFB NO. Y17-1099-RM ISSUED: May 8, 2017 OFFICIAL BID FORM TERM CONTRACT FOR ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS Mail or Hand Deliver By 2:00 PM, June 8, 2017 ORIGINAL BID FORM AND THREE (3) COMPLETE COPIES To: BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA INTERNAL OPERATIONS CENTRE II PROCUREMENT DIVISION 400 E. SOUTH STREET — 2"d FLOOR ORLANDO, FLORIDA 32801 Bid Opening: June 8, 2017, - 2:00 PM COMPANY NAME COMPLETE MAILING ADDRESS CITY, COUNTY, STATE, ZIP CODE TELEPHONE NUMBER FAX NUMBER CONTACT PERSON E-MAIL ADDRESS TIN#: NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN NUMBER. CURRENT W9 MUST BE SUBMITTED WITH BID/PROPOSAL PART D **************************************************************************************************** D-1 To the Board of County Commissioners Orange County, Florida The bidder understands that he/she is bidding for a term Contract for which no specific projects have been identified in the Invitation for Bids. The Bidder further acknowledges to the following: a. The sites for the work that may be performed under this Contract may be anywhere within Orange County. b. Countywide local conditions that may impact the work have been considered. c. The Contract Form, General Conditions, Supplementary Conditions, and other Contract documents have been thoroughly examined. d. The resultant Contract will contain estimated quantities, unit prices, extended totals and a total estimated contract amount to furnish all labor, materials, plant, equipment, manpower and other resources, including overhead and profit. These costs shall be the means to price any and all Delivery Orders issued thereunder. e. Each specific site for work under this Contract shall be issued to the Contractor via Delivery Order per Articles 4, 24, 28, 29 of the General Conditions and other applicable provisions. f. This is a unit price Term Contract and the total Estimated Bid is the sum of all pay items total from the Bid Item Schedule, Pages D-3 through D-5. g. No specifications or drawings are applicable to the Contract. However, if required, specifications and drawings will apply to individual projects issued under specified Deliver Orders. TOTAL ESTIMATED BID: (BASIC YEAR PLUS OPTION YEARS 1&2) DOLLARS ($ ) In the event the Contract is awarded to this Bidder, he/she will enter into a formal written agreement with the County in accordance with the accepted Bid within ten (10) calendar days after said Contract is submitted to him/her. The Bidder further agrees that in the event of the Bidder's default or breach of any of the agreements of this proposal, the said bid deposit shall be forfeited as liquidated damages. 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. Minimum Quantity/Dollars — During the initial performance period of this contract, the COUNTY guarantees that the CONTRACTOR shall receive orders for a minimum of $50,000. D-2 BID ITEM SCHEDULE: Y17-1099-RM Base Year Item Estimated Unit Total No. Description Unit Quantity Price Price Concrete Curb 1 Miami Curb (Non-continuous pour) LF 7,500 2 Miami Curb (Continuous pour) LF 1,000 3 Curb&Gutter(Non-continuous pour) LF 8,000 4 Curb& Gutter(Continuous pour) LF 3,000 5 Standard/Ribbon LF 1,000 6 Valley Gutter SY 2,000 Sod and Seed 7 Sod, as specified (St. Augustine) SY 3,000 8 Sod, as specified (Bahia) SY 3,000 9 Seed and Mulch (Bahia) SY 100 Hot Mix Asphalt 10 1 1/2 inch SY 2,000 11 2 inch SY 1,500 12 3 inch SY 500 13 4 inch SY 500 Soil Cement Road Base 14 8 inch SY 300 Concrete Road Base 15 8 inch SY 3,000 Limerock Road Base 16 8 inch SY 150 17 12 inch SY 375 Concrete Replacement 18 Replace Concrete 4 inch SY 500 19 Replace Concrete 6 inch SY 500 Soil Testing 20 Proctor EA 20 21 Density EA 20 Miscellaneous 22 Fill Dirt CY 1,000 23 Detectable warning surface (for ADA ramps) EA 30 24 Traffic Officer- Emergency HR 50 25 Emergency Mobilization EA 5 26 Indemnification LS 1 $ 100.00 $ 100.00 Total Price, Base Year $ D-3 Option Year#1 Item Estimated Unit Total No. Description Unit Quantity Price Price Concrete Curb 27 Miami Curb (Non-continuous pour) LF 7,500 28 Miami Curb (Continuous pour) LF 1,000 29 Curb&Gutter(Non-continuous pour) LF 8,000 30 Curb&Gutter(Continuous pour) LF 3,000 31 Standard/Ribbon LF 1,000 32 Valley Gutter SY 2,000 Sod and Seed 33 Sod, as specified (St. Augustine) SY 3,000 34 Sod, as specified (Bahia) SY 3,000 35 Seed and Mulch (Bahia) SY 100 Hot Mix Asphalt 36 1 1/2 inch SY 2,000 37 2 inch SY 1,500 38 3 inch SY 500 39 4 inch SY 500 Soil Cement Road Base 40 8 inch SY 300 Concrete Road Base 41 8 inch SY 3,000 Limerock Road Base 42 8 inch SY 150 43 12 inch SY 375 Concrete Replacement 44 Replace Concrete 4 inch SY 500 45 Replace Concrete 6 inch SY 500 Soil Testing 46 Proctor EA 20 47 Density EA 20 Miscellaneous 48 Fill Dirt CY 1,000 49 Detectable warning surface(for ADA ramps) EA 30 50 Traffic Officer-Emergency HR 50 51 Emergency Mobilization After Hours EA 5 Total Price, Option Year#1 $ D-4 Option Year#2 Item Estimated Unit Total No. Description Unit Quantity Price Price Concrete Curb 52 Miami Curb (Non-continuous pour) LF 7,500 53 Miami Curb (Continuous pour) LF 1,000 54 Curb&Gutter(Non-continuous pour) LF 8,000 55 Curb& Gutter(Continuous pour) LF 3,000 56 Standard/Ribbon LF 1,000 57 Valley Gutter SY 2,000 Sod and Seed 58 Sod, as specified (St. Augustine) SY 3,000 59 Sod, as specified (Bahia) SY 3,000 60 Seed and Mulch (Bahia) SY 100 Hot Mix Asphalt 61 1 1/2 inch SY 2,000 62 2 inch SY 1,500 63 3 inch SY 500 64 4 inch SY 500 Soil Cement Road Base 65 8 inch SY 300 Concrete Road Base 66 8 inch SY 3,000 Limerock Road Base 67 8 inch SY 150 68 12 inch SY 375 Concrete Replacement 69 Replace Concrete 4 inch SY 500 70 Replace Concrete 6 inch SY 500 Soil Testing 71 Proctor EA 20 72 Density EA 20 Miscellaneous 73 Fill Dirt CY 1,000 74 Detectable warning surface(for ADA ramps) EA 30 75 Traffic Officer-Emergency HR 50 76 Emergency Mobilization After Hours EA 5 Total Price, Option Year#2 $ Total Estimated Bid (Base Year, Plus Option Year#1 and #2) $ D-5 The Bidder hereby agrees that there is attached a: 1. Non-Collusion Affidavit Yes 2. Required Disclosure Yes 3. M/WBE Forms Employment Data Yes Subcontractor/Supplier Page Yes 4. Trench Safety Act Form Yes N/A 5. Drug-Free Workplace Form Yes 6. Good Faith Effort Documentation Yes NO N/A (If Goals have not been met) 7. Three (3) Complete copies of this Bid Form Yes with all attachments 8. References Yes N/A 9. Bid Bond on Form in Exhibit 1(10% of Total Estimated Contract Amount for First Contract Year) Yes N/A 10. Licenses Yes N/A 11. Current W9 Yes 12. Project Expenditure Report, Attachment F Yes 13. Relationship Disclosure Form, Attachment G Yes 14. Verification of Employment Status, Attachment H Yes 15. Management Plan & Resource List (See Part G) Yes ACKNOWLEDGEMENT OF ADDENDA The Bidder shall acknowledge receipt of any addenda issued to the solicitation by completing the blocks below 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. Failure to acknowledge an addendum that has a material impact on the solicitation may negatively impact the responsiveness of your Bid. Material impacts include but are not limited to changes to specifications, delivery time, performance period, quantities, bonds, letters of credit, insurance, qualifications, etc. Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated If awarded this construction Contract, the Bidder agrees to complete the work covered by this Contract as specified on each Delivery Order. The Bidder hereby agrees that the County reserves the right to waive informalities in any Bid and to reject any or all Bids, or to accept any Bid that in its judgement will be for the best interest of the County. D-6 FLORIDA CONSTRUCTION INDUSTRIES LICENSING BOARD CERTIFICATION: (NAME OF HOLDER) (CERTIFICATION NO.) (SIGNATURE OF BIDDER) (CERTIFICATE EXPIRATION DATE) (NAME TYPED) IDENTIFICATION OF BUSINESS ORGANIZATION Complete and submit the following information: Type of Organization {} Sole Proprietorship {} Partnership {} Joint Venture { } Corporation State of Incorporation: Principal Place of Business (Florida Statute Chapter 607): City/County/State THE PRINCIPAL PLACE OF BUSINESS SHALL BE THE ADDRESS OF THE BIDDER'S PRINCIPAL OFFICE AS IDENTIFIED BY THE FLORIDA DIVISION OF CORPORATIONS AUTHORIZED SIGNATORIES/NEGOTIATORS The bidder or proposer represents that the following principals are authorized to sign and/or negotiate Contracts and related documents to which the bidder or proposer will be duly bound. Principal is defined as an employee, officer or other technical or professional in a position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. Name Title Telephone Number E-Mail Address IN WITNESS WHEREOF, THE BIDDER HAS HEREUNTO SET HIS SIGNATURE AND AFFIXED HIS SEAL THIS DAY OF , A.D. 20_. BY: (SEAL) TITLE: PRINT NAME AND TITLE FEDERAL I.D.# D-7 NON-COLLUSION AFFIDAVIT The undersigned being first duly sworn as provided by law, deposes and says: 1. This Affidavit is made with the knowledge and intent that it is to be filed with the Board of County Commissioners, Orange County, Florida and that it will be relied upon by said County, in any consideration which may give to and any action which it may take with respect to this Proposal. 2. The undersigned is authorized to make this Affidavit on behalf of, (Name of Corporation, Partnership, Individual, etc.) A , formed under the laws of of which he is (Sole Owner, partner, president, etc.) 3. Neither the undersigned nor any other person, firm or corporation named in above Paragraph 2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Proposal by the County, also that no head of any department or employee therein, or any officer of Orange County, Florida is directly interested therein. 4. This Proposal is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 2 has not colluded, conspired, connived or agreed directly indirectly with any Bidder or person, firm or corporation, to put in a sham Proposal, or that such other person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said proposal or proposals of any other Bidder; and all statements contained in the proposal or proposals described above are true; and further, neither the undersigned, nor the person, firm or corporation named above in Paragraph 3, has directly or indirectly submitted said proposal or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. (AFFIANT) TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this day of , 20_. Notary Public (SEAL) (Print, Type or Stamp Commissioned Name of Notary Public) Personally Known or Produced Identification Type of Identification: ATTACHMENT A REQUIRED DISCLOSURE The following Disclosure is of all material facts pertaining to any felony or civil conviction or any pending felony or civil charges in the last three (3) years in this State or any other State of the United States against 1) Bidder, 2) any business entity related to or affiliated with Bidder, or 3) any present or former executive employee, officer, director, stockholder, partner or owner of Bidder or of any such related or affiliated entity. This Disclosure shall not apply to any person or entity which is only a stockholder, which person or entity owns twenty percent (20) or less of the outstanding shares of a Bidder whose stock is publicly owned and traded. BIDDER ATTACHMENT B \ k2 I- \ \ § _� > C C _ , a R ° ° ° cCE3 o M @ E �_( \ .cu a) ® 0 \ a) B \ O P e ( f i = U > .§ D M c 7 = m Cl)m k \ \ \ >- CO E2 Cl) % E a « E I— I-1-1 , C a $ > _ _ L IX < _ ; \ / \ ■ "5 ? 2 O « $ w co �/ � 0 2 � g ( a) 2 / k 2 L.L. \ ® k Lu •-• Cl) �\ / ° Z 0 O o % o k ci - \ o 0 I Z D R c $ < « > \ \ 1 � ® = � , c a I m / .§ 2 W � E I- \\ § ƒ \ c , 2 O \ k � \ \ \ � % ft < <. . . ¥ t . � kk / 0 o 0 ± • 2 I- co°3 a a .% Cl) y _i ° ° � -1 / f o > 7 k 0 • _ § p _ . .- 73 • _ \ E ƒ F- I- W 0 Z ./ o ® b o Ib22 . as U i i K 2 2 . ' f § ƒ . § f a ,� Q >, 9 o \� f f Ci /f \ \ 0 c = @ E Cl) � 2 . c � x 77 Cu S LU *-6 E E 2 m 0 2 z > 'a-) / § >- ± \ o o 1- .c c -J � \ § Ct 5 � .. •• O. fA = o . C - 22S \ § 0 / � � k / � / 2 ® � 2 06 / \ \ ' \ I i �ƒ e a) u) 0_ -o > 1:: a k % E 7 \ § \ \ Z 5 S2 § 2 g f E _ 0) 4=4) ..2 E 2 >O. 0 e § mci) E 0 / f \ ƒ ± 2 ± $ S f 3 E k ( LL a- cEa, 0 o0 m 2 O / b ® 9 Ca / >ct \ 0 O < _ u) o / Q) § .% 0 E al Cl) @ � .S / o CU Q o 6.3 $ O E < a® _ $ % E . e m 2 a _1 a) m E [ [ H U_ E % # E 0 \ % / f ® ° ° 2 ) o . - c ® 2 < cm c o / LL Z IL I / 0 F = e § I / \ R. % 2 o_ k 7 E 0 CO E \ 0 m I e = 0 0 0 w _1 w < 5 4 W R O fX THIS PAGE LEFT INTENTIONALLY BLANK • a -o a) W O W v _ "c, � E. ' W Z I = >, 1) a ct ria! C = ¢°'., o A 00 c cd W. W a F E o o H Ed U Oc ~l , A aucCo UO Aa °' .E s. o ° OZU o a oZ CL) a) Q. o 'O L •^ -o aa) W WO o g A c ▪ 1 C Hil Zd O� � � F" U a) a 1-4 A ;, ;, R o U U = -0 ..C.; r.) *"., t r4 ,..., ‘...... =`a ZZ Z Z Z ci 0 ci, CA c CA D a F"'C d c °o ° ,7,1 4 C E. cn0CD WUA c U 3 o 'ti ::, z o a) >- >. > > E" O ~ a p, o - CA per., 'tzt s. O a = ¢ Ox � rrncn • v � ,.. U q -a a) -o 7) 'rj a) o fx c" ° cry ; = ro > OtW 4 o f o 3 0 �• rg � a W to v� 3' c ▪ o f MI .n W W CU i •° ¢'•'=' s, " O -OU L. O >, 'ti f= 43 0� COt� N 0 o ':^~ . m0 ° � CCSate) a Z cA is '...2 ° � � a) o *El-, a . � W ._ U , m y -o ) c ° c n A .n -v n _ a. 'SW . 3 0 -da,. a E p o 3 -o F •: E o a c c -o O .-' n Wro O u oo � c = = a" zTs U <L)-o o ° a_8 U Ca c N ° d A 4 c o O v' I a) a) a. a) P_ ) ... >' Z a)- 3 .fl .5 X w C4 c - jo Za).`� i �° $4' i 0 Y Z ^o x o +� a) �' 3 Cl.) U ° ° d W 5i N O '� ,., U o v C w 3 a cn Y a. > o ° '� o H a) cci '7 cn a) ° - o u. a I- a) T U o O a i Z Y U ,, 3 c oo - •b e U o W _ (., .... . rt X c �° W o 3 �y2 cz Q CA� � � LIZ :. IN) v O ._ C3 N M 4 k `�' O.�"I 'C3 F «i d A O4 0 w w pwpq � p 0Z wz x PI• C4 0 H ° a H •` >1 F Ei W E4 Gro P4 P:1 I o Fo L O z › •O °z nU F O 0 H A -I-1 r., H i. EO., '—i A COn Cl)0 a) rn Cl)O � Cl) Cl) X H O O O O O O O O c ,� s WV s.. r\.. \.. i s\.. s\.. s\.. u., A PO• 0 H 0. CI. Q Q Q F-1 E W a v] v] CA v] v] CA CA CA `13 1 '3' ----- '� ter. o f w c c c c c c a c c c c c c c c c " PQ vD o v.) o ct) o v] o c/a o vD O C/A O v] O CA CAA U z 0 U a b \ z o a 4 0 N U a z N H W z U 0. a 03 x g U F foi 4 00 01 O— V1 d *INSTRUCTIONS* Contractor shall place the following on their letterhead, executed by their authorized agent. Letter is to be submitted before 5:00 PM on the second business day (i.e., if bid opens on Thursday, due on Monday before 5:00 PM) after bid opening to: Orange County Business Development Division; 400 E. South Street; 2nd Floor, Orlando, FL 32801; Fax Number (407) 836-5477. A Letter of Intent is to be executed with all M/WBE Subcontractors and suppliers listed by the Contractor on the Subcontractor/Supplier page submitted with this bid. Any M/WBE's not listed on Subcontractor/Supplier page for this bid will not be accepted. Dollar amounts listed for each Subcontractor shall represent estimated totals for the entire contract, including all Option Years. Failure to submit this form within the required time frame may result in the bid being found non-responsive. LETTER OF INTENT (VERIFICATION M/WBE UTILIZATION) IFB # PROJECT TITLE: I, ,(Prime Contractor) have entered into an agreement with the following Minority/Women-owned Business Enterprise to do the work shown on Attachment C-2 of the Bid Form and shown below. I understand that prior to execution of the prime Contract by Orange County, a subcontract and/or purchase order will be executed with this firm and a copy of the agreement will be sent to the Orange County Business Development Division. SUBCONTRACTOR/SUPPLIER CERTIFIED SCOPES OF WORK/COMMODITY SUBCONTRACT/PURCHASE ORDER PRICE(ONLY USED TOWARDS M/WBE UTILIZATION) I understand that I shall not be allowed to substitute or change Subcontractors, without the express prior approval of Orange County's Project Manager and the Business Development Division Manager. Such approval shall in no way relieve my obligations pursuant to Orange County's M/WBE requirements and goals contained in the Orange County Minority/Women Business Enterprise Ordinance, Orange County Code, Chapter 17, Article III, Division 4. Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525(3), Florida Statutes. Authorized Agent of Prime Contractor Authorized Agent, Subcontractor/Supplier Printed Name &Title Printed Name &Title Date: Date: Phone Number Fax Number ATTACHMENT C-3 M/WBE(Revised 5/16) PAGE LEFT INTENTIONALLY BLANK Attachment C-3 SDV . • g7 a < a $ > 2 73 2 CUCa .) E m 2k2 6 .-0 eco = LL in § 2 a- E H. w 2 @ 2 00 2 � 2t ® tea \ � � t) 03 0- © E o � m . E @ — amu ) ^ c � § o ® o ■ 777 .[ CD LO - � Z -0 7 0 j oi Lu 0 0 CNA .:6_ __\ EZ c U2 itmal g � � . k ■ 0 e — ■ � kf 2 � •— •.7. iZ m 8 o c Q 13) (.0� 2 � E ° H Z13 \ • 2 0t 0. k ■ ww 2 ■ 2 � 0 3 § @ 00 22 u_ o 0 ¢ 2 L ..Ne ZD 3lc ° � 2 -45 1 \ ° ® � ± CU CD a -0 o -0E � @ & � LI- 02 0. ° E = 2 R � 3 Cl) � > O © co .c c O re • � $ 2* ■ £ 22 as2 • 1- v 03 =2 m c • ■ _ -0 Owe 2 2 .= ■ § % 2 e o_ 0. 2 -0 22 C 11 J c 'FTa � U a. E k �ci. ae d z m .4 2 iCOc ca E D 7 COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (90-96, LAWS OF FLORIDA) Bidder hereby acknowledges that all costs for complying with the Florida Trench Safety Act are included in the various items of the Bid Schedule or Lump Sum Bid. For informational purposes only, the Bidder is required to further identify these costs in the summary below. TRENCH SAFETY UNIT OF UNIT UNIT EXTENDED MEASURE MEASURE (QUANTITY) COST COST (DESCRIPTION) (LF, SY) A) $ $ B) $ $ C) $ $ D) $ $ TOTAL $ SIGNED: TITLE: 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 Bid Schedule or Lump Sum Bid. Contractor will not receive additional payment if actual quantities differ from those estimated or if the Contractor uses a safety measure different than those listed. (Failure to complete this form may result in the Bid being declared non-responsive.) ATTACHMENT D THIS PAGE LEFT INTENTIONALLY BLANK REFERENCES: List at least two (2) similar projects for roadbase, asphalt, curb, gutter, sidewalk repair and replacement, successfully completed by the BIDDER AS A PRIME or SUB CONTRACTOR within the last eight (8) years and that meet the following. Failure to provide this information may be cause for rejection of the bid. 1. Bidder shall have installed a minimum of 1,000 linear footage of curb and sidewalk repair or replacement and 250 square yards of roadbase and asphalt repairs. These elements can be demonstrated among several projects and is not required to all be in a single project. 2. Projects submitted shall contain a combination of the following elements: a. Removal and replacement of curb and gutter, b. Roadbase and asphalt repairs, c. Sidewalk repair and replacement d. Pedestrian ramp installation and upgrades e. Clearing and grubbing. 3. The following will NOT be considered as similar to the ones requested as part of this contract: parking lots, resurfacing, installation of underdrain, shoulder restoration, incidental work, etc. EACH SIMILAR PROJECT LISTED SHALL BE LISTED WITH COMPLETE INFORMATION AS SPECIFICALLY PROVIDED ON THE REFERENCE FORM (ATTACHMENT E). THE SPECIFIC INFORMATION ON REFERENCES MUST BE PROVIDED ON THE REFERENCE FORM. DO NOT ATTACH LISTINGS OF REFERENCE INFORMATION. FAILURE TO PROVIDE REFERENCE INFORMATION AS REQUESTED MAY RESULT IN THE REJECTION OF YOUR BID The determination of whether a bidder is responsible or not shall be at the sole discretion of the County. Although the County may request submission of a minimum number of similar projects for evaluation, the County's determination of a bidder's responsibility shall not be solely based on the number of similar projects submitted. The contact person listed as a reference shall be someone who has personal knowledge of the Bidder's performance during the referenced project. Contact persons must have been informed that they are being used as a reference and that the County will be calling or emailing them. 1. Project Name Owner Contact Address ATTACHMENT E Telephone Number/Email Address Contract Number and Amount# $ Change Orders $ Final Contract $ Completed on Schedule? Date: Project Description Remove and replacement of curb and gutter Roadbase and asphalt repairs Miscellaneous concrete Pedestrian ramp installation and upgrades Clearing and grubbing 2. Project Name Owner Contact Address Telephone Number/Email Address Contract Number and Amount# $ Change Orders $ Final Contract $ Completed on Schedule? Date: Project Description Remove and replacement of curb and gutter ATTACHMENT E Roadbase and asphalt repairs Miscellaneous concrete Pedestrian ramp installation and upgrades Clearing and grubbing 3. Project Name Owner Contact Address Telephone Number/Email Address Contract Number and Amount# $ Change Orders $ Final Contract $ Completed on Schedule? Date: Project Description Remove and replacement of curb and gutter Roadbase and asphalt repairs Miscellaneous concrete Pedestrian ramp installation and upgrades Clearing and grubbing 4. Project Name Owner ATTACHMENT E Contact Address Telephone Number/Email Address Contract Number and Amount# $ Change Orders $ Final Contract $ Completed on Schedule? Date: Project Description Remove and replacement of curb and gutter Roadbase and asphalt repairs Miscellaneous concrete Pedestrian ramp installation and upgrades Clearing and grubbing 5. Project Name Owner Contact Address Telephone Number/Email Address Contract Number and Amount# $ Change Orders $ Final Contract $ Completed on Schedule? Date: ATTACHMENT E Project Description Remove and replacement of curb and gutter Roadbase and asphalt repairs Miscellaneous concrete Pedestrian ramp installation and upgrades Clearing and grubbing 6. Project Name Owner Contact Address Telephone Number/Email Address Contract Number and Amount# $ Change Orders $ Final Contract $ Completed on Schedule? Date: Project Description Remove and replacement of curb and gutter Roadbase and asphalt repairs Miscellaneous concrete Pedestrian ramp installation and upgrades Clearing and grubbing ATTACHMENT E For Staff Use Only: Specific Project Expenditure Report(Revised November 5,2010) Initially submitted on For use as of March 1,2011 Updated On ROADBASE,ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS Case or Bid No. Y17-1099 -RM ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT This lobbying expenditure form shall be completed in full and filed with all application submittals. This form shall remain cumulative and shall be filed with the department processing your application. Forms signed by a principal's authorized agent shall include an executed Agent Authorization Form. This is the initial Form: This is a Subsequent Form: Part I Please complete all of the following: Name and Address of Principal(legal name of entity or owner per Orange County tax rolls): Name and Address of Principal's Authorized Agent, if applicable: List the name and address of all lobbyists,consultants,contractors,subcontractors, individuals or business entities who will assist with obtaining approval for this project. (Additional forms may be used as necessary.) 1. Name and address of individual or business entity: Are they registered Lobbyist?Yes_ or No 2. Name and address of individual or business entity: Are they registered Lobbyist?Yes_ or No 3. Name and address of individual or business entity: Are they registered Lobbyist?Yes_ or No 4. Name and address of individual or business entity: Are they registered Lobbyist?Yes_ or No 5. Name and address of individual or business entity: Are they registered Lobbyist?Yes_ or No 6. Name and address of individual or business entity: Are they registered Lobbyist?Yes_ or No 7. Name and address of individual or business entity: Are they registered Lobbyist?Yes_ or No 8. Name and address of individual or business entity: Are they registered Lobbyist?Yes_ or No ATTACHMENT F Page 1 of 3 For Staff Use Only: Specific Project Expenditure Report(Revised November 5,2010) Initially submitted on For use as of March I,2011 Updated On ROADBASE,ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS Case or Bid No. Y17-1099 -RM Company Name: Part II Expenditures: For this report, an"expenditure" means money or anything of value given by the principal and/or his/her lobbyist for the purpose of lobbying, as defined in section 2-351, Orange County Code. This may include public relations expenditures including,but not limited to, petitions, fliers, purchase of media time, cost of print and distribution of publications. However,the term "expenditure" does not include: • Contributions or expenditures reported pursuant to chapter 106, Florida Statutes; • Federal election law,campaign-related personal services provided without compensation by individuals volunteering their time; • Any other contribution or expenditure made by or to a political party; • Any other contribution or expenditure made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4), in accordance with s.112.3215, Florida Statutes; and/or • Professional fees paid to registered lobbyists associated with the project or item. The following is a complete list of all lobbying expenditures and activities(including those of lobbyists, contractors, consultants, etc.)incurred by the principal or his/her authorized agent and expended in connection with the above- referenced project or issue. You need not include de minimus costs(under$50)for producing or reproducing graphics,aerial photographs,photocopies,surveys,studies or other documents related to this project. Date of Name of Party Description of Activity Amount Expenditure Incurring Paid Expenditure TOTAL EXPENDED THIS $ REPORT ATTACHMENT F Page 2 of 3 For Staff Use Only: Specific Project Expenditure Report(Revised November 5,2010) Initially submitted on For use as of March 1,2011 Updated On ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS Case or Bid No. Y17-1099 -RM Company Name: Part III ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED I hereby certify that information provided in this specific project expenditure report is true and correct based on my knowledge and belief. I acknowledge and agree to comply with the requirement of section 2-354, of the Orange County code,to amend this specific project expenditure report for any additional expenditure(s)incurred relating to this project prior to the scheduled Board of County Commissioner meeting. I further acknowledge and agree that failure to comply with these requirements to file the specific expenditure report and all associated amendments may result in the delay of approval by the Board of County Commissioners for my project or item, any associated costs for which I shall be held responsible. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor in the second degree,punishable as provided in s. 775.082 or s. 775.083, Florida Statutes. Date: Signature of in Principal oro Principal's Authorized Agent (check appropriate box) PRINT NAME AND TITLE: STATE OF • COUNTY OF • I certify that the foregoing instrument was acknowledged before me this day of , 20 by . He/she is personally known to me or has produced as identification and did/did not take an oath. Witness my hand and official seal in the county and state stated above on the day of in the year Signature of Notary Public (Notary Seal) Notary Public for the State of My Commission Expires: Staff signature and date of receipt of form Staff reviews as to form and does not attest to the accuracy or veracity of the information provided herein. ATTACHMENT F Page 3 of 3 For Staff Use Only: Specific Project Expenditure Report(Revised November 5,2010) Initially submitted on For use as of March 1,2011 Updated On ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS Case or Bid No. Y17-1099 -RM FREQUENTLY ASKED QUESTIONS(FAQ)ABOUT THE SPECIFIC PROJECT EXPENDITURE REPORT Updated 3-1-11 WHAT IS A SPECIFIC PROJECT EXPENDITURE REPORT(SPR)? A Specific Project Expenditure Report (SPR) is a report required under Section 2-354(b) of the Orange County Lobbying Ordinance, codified at Article X of Chapter 2 of the Orange County Code, reflecting all lobbying expenditures incurred by a principal and his/her authorized agent(s) and the principal's lobbyist(s), contractor(s), subcontractor(s), and consultant(s), if applicable, for certain projects or issues that will ultimately be decided by the Board of County Commissioners(BCC). Matters specifically exempt from the SPR requirement are ministerial items, resolutions, agreements in settlement of litigation matters in which the County is a party, ordinances initiated by County staff, and some procurement items, as more fully described in 2.20 of the Administrative Regulations. Professional fees paid by the principal to his/her lobbyist for the purpose of lobbying need not be disclosed on this form. (See Section 2-354(b), Orange County Code.) WHO NEEDS TO FILE THE SPR? The principal or his/her authorized agent needs to complete and sign the SPR and warrant that the information provided on the SPR is true and correct. A principal that is a governmental entity does not need to file an SPR. HOW ARE THE KEY RELEVANT TERMS DEFINED? Expenditure means "a payment, distribution, loan, advance, reimbursement, deposit, or anything of value made by a lobbyist or principal for the purpose of lobbying. This may include public relations expenditures (including but not limited to petitions, flyers, purchase of media time, cost of print and distribution of publications) but does not include contributions or expenditures reported pursuant to Chapter 106, Florida Statutes, or federal election law, campaign-related personal services provided without compensation by individuals volunteering their time, any other contribution or expenditure made by or to a political party, or any other contribution or expenditure made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4)." (See Section 112.3215, Florida Statutes.) Professional fees paid by the principal to his/her lobbyist for the purpose of lobbying are not deemed to be "expenditures." (See Section 2-354, Orange County Code.) Lobbying means seeking "to encourage the approval, disapproval, adoption, repeal, rescission, passage, defeat or modification of any ordinance, resolution, agreement, development permit, other type of permit, franchise, vendor, consultant, contractor, recommendation, decision or other foreseeable action of the [BCC]," and "include[s] all communications, regardless of whether initiated by the lobbyist or by the person being lobbied, and regardless of whether oral, written or electronic." (See Section 2-351, Orange County Code.) Furthermore, lobbying means communicating "directly with the Attachment F FAQs County Mayor, with any other member of the [BCC], or with any member of a procurement committee." (See Section 2-351, Orange County Code.) Lobbying also means communicating "indirectly with the County Mayor or any other member of the [BCC]" by communicating with any staff member of the Mayor or any member of the BCC, the county administrator, any deputy or assistant county administrator, the county attorney, any county department director, or any county division manager. (See Section 2-351, Orange County Code.) Lobbying does not include the act of appearing before a Sunshine Committee, such as the Development Review Committee or the Roadway Agreement Committee other than the BCC. Principal means "the person, partnership, joint venture, trust, association, corporation, governmental entity or other entity which has contracted for, employed, retained, or otherwise engaged the services of a lobbyist." Principal may also include a person, partnership, joint venture, trust, association, corporation, limited liability corporation, or other entity where it or its employees do not qualify as a lobbyist under the definition set forth in Section 2-351 of the Orange County Code but do perform lobbying activities on behalf of a business in which it has a personal interest. DOES THE SPR NEED TO BE UPDATED IF INFORMATION CHANGES? Yes. It remains a continuing obligation of the principal or his/her authorized agent to update the SPR whenever any of the information provided on the initial form changes. WHERE DO THE SPR AND ANY UPDATES NEED TO BE FILED? The SPR needs to be filed with the County Department or County Division processing the application or matter. If and when an additional expenditure is incurred subsequent to the initial filing of the SPR, an amended SPR needs to be filed with the County Department or County Division where the original application, including the initial SPR, was filed. WHEN DO THE SPR AND ANY UPDATES NEED TO BE FILED? In most cases,the initial SPR needs to be filed with the other application forms. The SPR and any update must be filed with the appropriate County Department or County Division not less than seven (7) days prior to the BCC hearing date so that they may be incorporated into the BCC agenda packet. (See Section 2-354(b), Orange County Code.) When the matter is a discussion agenda item or is the subject of a public hearing, and any additional expenditure occurs less than 7 days prior to BCC meeting date or updated information is not included in the BCC agenda packet, the principal or his/her authorized agent is obligated to verbally present the updated information to the BCC when the agenda item is heard or the public hearing is held. When the matter is a consent agenda item and an update has not been made at least 7 days prior to the BCC meeting or the update is not included in the BCC agenda packet, the item will be pulled from the consent agenda to be considered at a future meeting. Attachment F FAQs WHO WILL BE MADE AWARE OF THE INFORMATION DISCLOSED ON THE SPR AND ANY UPDATES? The information disclosed on the SPR and any updates will be a public record as defined by Chapter 119, Florida Statutes, and therefore may be inspected by any interested person. Also, the information will be made available to the Mayor and the BCC members. This information will accompany the other information for the principal's project or item. CONCLUSION: We hope you find this FAQ useful to your understanding of the SPR. Please be informed that in the event of a conflict or inconsistency between this FAQ and the requirements of the applicable ordinance governing specific project expenditure reports,the ordinance controls. Also, please be informed that the County Attorney's Office is not permitted to render legal advice to a principal, his/her authorized agent, or any other outside party. Accordingly, if after reading this FAQ the principal, his/her authorized agent or an outside party has any questions, he/she is encouraged to contact his/her own legal counsel. Attachment F FAQS For Staff Use Only: OC CE FORM 2P Date Submitted FOR PROCUREMENT-RELATED ITEMS(November 5,2010) Date Updated For use after March 1,2011 Bid Number Y17-1099 -RM RELATIONSHIP DISCLOSURE FORM FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY IS THE PRINCIPAL OR PRIMARY APPLICANT For procurement items that will come before the Board of County Commissioners for final approval, this form shall be completed by the bidder, offerer, quoter or respondent and shall be submitted to the Procurement Division by the bidder, offerer, quoter or respondent. In the event any information provided on this form should change, the applicant must file an amended form on or before the date the item is considered by the appropriate board or body. Part I INFORMATION ON APPLICANT (BIDDER, OFFEROR, QUOTER, PROPOSER, OR RESPONDENT): Legal Name of Applicant: Business Address(Street/P.O. Box, City and Zip Code): Business Phone( ) Facsimile( ) INFORMATION ON APPLICANT'S AUTHORIZED AGENT, IF APPLICABLE: (Agent Authorization Form also required to be attached) Name of Applicant's Authorized Agent: Business Address (Street/P.O. Box, City and Zip Code): Business Phone( ) Facsimile( ) ATTACHMENT G PAGE 1 OF 3 For Staff Use Only. OC CE FORM 2P Date Submitted FOR PROCUREMENT-RELATED ITEMS(November 5,2010) Date Updated For use after March 1,2011 Bid Number Y17-1099 -RM Company Name: Part II IS THE APPLICANT A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC? YES NO IS THE MAYOR OR ANY MEMBER OF THE BCC THE APPLICANT'S EMPLOYEE? YES NO IS THE APPLICANT OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN THE OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR ANY MEMBER OF THE BCC? YES NO If you responded"YES" to any of the above questions, please state with whom and explain the relationship: (Use additional sheets of paper if necessary) ATTACHMENT G PAGE 2 OF 3 For Staff Use Only: OC CE FORM 2P Date Submitted FOR PROCUREMENT-RELATED ITEMS(November 5,2010) Date Updated For use after March 1,2011 Bid Number Y17-1099 -RM Company Name: Part III ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED I hereby certify that information provided in this relationship disclosure form is true and correct based on my knowledge and belief. If any of this information changes, I further acknowledge and agree to amend this relationship disclosure form prior to any meeting at which the above-referenced project is scheduled to be heard. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes. Date: Signature of Applicant Print Name and Title of Person completing this form: STATE OF • COUNTY OF • I certify that the foregoing instrument was acknowledged before me this day of , 20 by . He/she is personally known to me or has produced as identification and did/did not take an oath. Witness my hand and official seal in the county and state stated above on the day of , in the year Signature of Notary Public (Notary Seal) Notary Public for the State of My Commission Expires: Staff signature and date of receipt of form Staff reviews as to form and does not attest to the accuracy or veracity of the information provided herein. ATTACHMENT G PAGE 3 OF 3 AGENT AUTHORIZATION FORM OK0., E FOR PROCUREMENTS IN ORANGE COUNTY, FLORIDA C IUNTY GOVERNMENT FLORIDA I/wE, (PRINT BIDDER, OFFEROR, QUOTER OR RESPONDENT NAME) , DO HEREBY AUTHORIZE TO ACT AS MY/OUR AGENT (PRINT AGENT'S NAME), , TO EXECUTE ANY PETITIONS OR OTHER DOCUMENTS NECESSARY TO AFFECT THE CONTRACT APPROVAL PROCESS MORE SPECIFICALLY DESCRIBED AS FOLLOWS, IFB NO. Y17- 1099-RM, ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS, AND TO APPEAR ON MY/OUR BEHALF BEFORE ANY ADMINISTRATIVE OR LEGISLATIVE BODY IN THE COUNTY CONSIDERING THIS CONTRACT AND TO ACT IN ALL RESPECTS AS OUR AGENT IN MATTERS PERTAINING TO THIS CONTRACT. Date: Signature of Bidder, Offeror, Quoter or Respondent STATE OF . COUNTY OF . I certify that the foregoing instrument was acknowledged before me this day of , 20 by . He/she is personally known to me or has produced as identification and did/did not take an oath. Witness my hand and official seal in the county and state stated above on the day of , in the year Signature of Notary Public (Notary Seal) Notary Public for the State of My Commission Expires: FREQUENTLY ASKED QUESTIONS (FAQ) ABOUT THE RELATIONSHIP DISCLOSURE FORM Updated 6-28-11 WHAT IS THE RELATIONSHIP DISCLOSURE FORM? The Relationship Disclosure Form (form OC CE 2D and form OC CE 2P) is a form created pursuant to the County's Local Code of Ethics, codified at Article XIII of Chapter 2 of the Orange County Code, to ensure that all development-related items and procurement items presented to or filed with the County include information as to the relationship, if any, between the applicant and the County Mayor or any member of the Board of County Commissioners (BCC). The form will be a part of the backup information for the applicant's item. WHY ARE THERE TWO RELATIONSHIP DISCLOSURE FORMS? Form OC CE 2D is used only for development-related items, and form OC CE 2P is used only for procurement-related items. The applicant needs to complete and file the form that is applicable to his/her case. WHO NEEDS TO FILE THE RELATIONSHIP DISCLOSURE FORM? Form OC CE 2D should be completed and filed by the owner of record, contract purchaser, or authorized agent. Form OC CE 2P should be completed and filed by the bidder, offeror, quoter, or respondent, and, if applicable, their authorized agent. In all cases, the person completing the form must sign the form and warrant that the information provided on the form is true and correct. WHAT INFORMATION NEEDS TO BE DISCLOSED ON THE RELATIONSHIP DISCLOSURE FORM? The relationship disclosure form needs to disclose pertinent background information about the applicant and the relationship, if any, between, on the one hand, the applicant and, if applicable, any person involved with the item, and on the other hand,the Mayor or any member of the BCC. In particular, the applicant needs to disclose whether any of the following relationships exist: (1) the applicant is a business associate of the Mayor or any member of the BCC; (2) any person involved with the approval of the item has a beneficial interest in the outcome of the matter and is a business associate of the Mayor or any member of the BCC; (3) the applicant is a relative of the Mayor or any member of the BCC; or (4) the Mayor or any member of the BCC is an employee of the applicant. (See Section 2- 454, Orange County Code.) HOW ARE THE KEY RELEVANT TERMS DEFINED? Applicant means, for purposes of a development-related project,the owner, and, if applicable,the contract purchaser or owner's authorized agent. Applicant means, for purposes of a procurement item,the bidder, offeror, quoter, respondent, and, if applicable, the authorized agent of the bidder, offeror, quoter, or respondent. Business associate means any person or entity engaged in or carrying on a business enterprise with a public officer, public employee, or candidate as a partner,joint venture, corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange, or co-owner of property. In addition, the term includes any person or entity engaged in or carrying on a business enterprise, or otherwise engaging in common investment, with a public officer, public employee, or candidate as a partner, member, shareholder, owner, co-owner, joint venture partner, or other investor, whether directly or indirectly, whether through a Business Entity or through interlocking Parent Entities, Subsidiary Entities, or other business or investment scheme, structure, or venture of any nature. (See Section 112.312(4), Florida Statutes, and Section 2-452(b), Orange County Code.) Attachment G FAQs Employee means any person who receives remuneration from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes,but is not limited to,aliens and minors. (See Section 440.02(15), Florida Statutes.) Relative means an individual who is related to a public officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to the public officer or employee or who otherwise holds himself or herself out as or is generally known as the person whom the public officer or employee intends to marry or with whom the public officer or employee intends to form a household, or any other natural person having the same legal residence as the public officer or employee. (See Section 112.312(21), Florida Statutes.) DOES THE RELATIONSHIP DISCLOSURE FORM NEED TO BE UPDATED IF INFORMATION CHANGES? Yes. It remains a continuing obligation of the applicant to update this form whenever any of the information provided on the initial form changes. WHERE DO THE RELATIONSHIP DISCLOSURE FORM AND ANY SUBSEQUENT UPDATES NEED TO BE FILED? For a development-related item, the Relationship Disclosure Form and any update need to be filed with the County Department or County Division where the applicant filed the application. For a procurement item,the Relationship Disclosure Form and any update need to be filed with the Procurement Division. WHEN DO THE RELATIONSHIP DISCLOSURE FORM AND ANY UPDATES NEED TO BE FILED? In most cases, the initial form needs to be filed when the applicant files the initial development-related project application or initial procurement-related forms. However, with respect to a procurement item, a response to a bid will not be deemed unresponsive if this form is not included in the initial packet submitted to the Procurement Division. If changes are made after the initial filing,the final, cumulative Relationship Disclosure Form needs to be filed with the appropriate County Department or County Division processing the application not less than seven (7) days prior to the scheduled BCC agenda date so that it may be incorporated into the BCC agenda packet. When the matter is a discussion agenda item or is the subject of a public hearing, and an update has not been made at least 7 days prior to BCC meeting date or is not included in the BCC agenda packet, the applicant is obligated to verbally present such update to the BCC when the agenda item is heard or the public hearing is held. When the matter is a consent agenda item and an update has not been made at least 7 days prior to the BCC meeting or the update is not included in the BCC agenda packet,the item will be pulled from the consent agenda to be considered at a future meeting. WHO WILL REVIEW THE INFORMATION DISCLOSED ON THE RELATIONSHIP DISCLOSURE FORM AND ANY UPDATES? The information disclosed on this form and any updates will be a public record as defined by Chapter 119, Florida Statutes, and may therefore be inspected by any interested person. Also,the information will be made available to the Mayor and the BCC members. This form and any updates will accompany the information for the applicant's project or item. Attachment G FAQs However, for development-related items, if an applicant discloses the existence of one or more of the relationships described above and the matter would normally receive final consideration by the Concurrency Review Committee or the Development Review Committee, the matter will be directed to the BCC for final consideration and action following committee review. CONCLUSION: We hope you find this FAQ useful to your understanding of the Relationship Disclosure Form. Please be informed that if the event of a conflict or inconsistency between this FAQ and the requirements of the applicable ordinance or law governing relationship disclosures,the ordinance or law controls. Also, please be informed that the County Attorney's Office is not permitted to render legal advice to an applicant or any other outside party. Accordingly, if the applicant or an outside party has any questions after reading this FAQ,he/she is encouraged to contact his/her own legal counsel. Attachment G FAQs E VERIFICATION CERTIFICATION IFB NO. Y17-1099-RM NAME OF CONTRACTOR: (referred to herein as "Contractor") ADDRESS OF CONTRACTOR: The undersigned does hereby certify that the above named contractor: 1. Is registered and is using the E-Verify system; or 2. Does not have any employees and does not intend to hire any new employees during the period of time that the contractor will be providing services under the contract and consequently is unable to register to use the E-Verify system; or 3. Employs individuals that were hired prior to the commencement of providing labor on the contract and does not intend to hire any new employees during the period of time that the contractor will be providing labor under the contract, and consequently is unable to use the E-Verify system. The undersigned acknowledges the use of the E-Verify system for newly hired employees is an ongoing obligation for so long as the contractor provides labor under the contract and that the workforce eligibility of all newly hired employees will be properly verified using the E-Verify system. In accordance with Section 837.06, Florida Statutes, Contractor acknowledges that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duties shall be guilty of a misdemeanor in the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. AUTHORIZED SIGNATURE: NAME: TITLE: DATE: ATTACHMENT H THIS PAGE LEFT INTENTIONALLY BLANK BID BOND BOND NUMBER STATE OF FLORIDA) SS COUNTY OF ORANGE ) KNOW ALL MEN BY THESE PRESENTS,that we, ,as Principal, and ,as Surety, are held firmly bound unto Orange County, Florida, in the penal sum of: $ Dollars, (Ten percent{10%}of base bid if no amount entered) (Total Sum Written in Words) lawful money of the United States, for the payment of which sum well and truly to be made, we bound ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the attached Bid, dated the day of , 20_, for a Contract entitled: ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS, IFB Y17-1099-RM. NOW THEREFORE, if the Principal shall withdraw said Bid prior to the date of opening the same, or shall within ten (10) days after the prescribed forms are presented to him for signature, enter in a written Contract with Orange County, Florida, in accordance with the Bid as accepted, and give a Performance Bond and a Payment Bond with good and sufficient Surety or sureties as may be required, for the faithful performance and proper fulfillment of such Contract and for prompt payment of all persons furnishing labor or materials in connection therewith, or in the event of the failure to enter into such Contract and give such Bonds within the time specified, if the Principal shall pay the County the difference between the amount specified in said Bid and the amount for which the County may procure the required work and/or supplies, provided the latter amount to be in excess of the former, then the above obligations shall be void and of no effect; otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above written parties have executed this instrument under their several seals this the day of , 20_, the name and corporate seal of each corporate party being affixed and these presents duly signed by its undersigned, pursuant to authority of its governing body. CONTRACTOR-PRINCIPAL: SURETY: NAME OF BUSINESS ENTITY NAME OF SURETY SIGNATURE SIGNATURE: SURETY AGENT (SEAL) (SEAL) TYPE NAME AND TITLE TYPE NAME AND TITLE BUSINESS ADDRESS BUSINESS ADDRESS TELEPHONE TELEPHONE NAIC NUMBER: Revised 5/18/04Exhibit 1 Licensed Florida Insurance Agent?Yes No License Number: STATE OF COUNTY OF ) SS CITY OF Before me, a Notary Public duly commissioned, qualified and acting personally, appeared: to me well known, who being by me first duly sworn upon oath says that he is Attorney-in-Fact for as Surety, and that he has been authorized by said Surety to execute the foregoing Bid Bond on behalf of the Principal (CONTRACTOR) named therein in favor of the owner. Subscribed and sworn to before me this the day of ,20_ Notary Public (Print, Type or Stamp Commissioned Name of Notary Public) Personally Known or Produced Identification Type of Identification: In accordance with Part C,Section 19 and Part F Article 8 of the Invitation for Bids,if applicable,list the Lead Surety. LEAD SURETY AGENT FOR SURETY Signature BY: AGENCY ADDRESS: SURETY ADDRESS: PHONE Revised 5/18/04 Exhibit 1 Cont'd. Contract No: Y17-1099 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA CONSTRUCTION TERM CONTRACT CONTRACT: Made between the Board of County Commissioners, Orange County, Florida (hereinafter called COUNTY), represented by the Manager of the Procurement Division executing this Contract, and: > Federal Identification Number: > The CONTRACTOR shall perform all the Work required by the Contract Documents for the proper execution and completion of ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS in full accordance with the drawings and as elaborated in the specifications of Invitation for Bids No. Y17-1099-RM (hereinafter referred to as IFB) which is made a part of this Contract as completely as if set forth herein. I AMOUNT OF CONTRACT: The County shall pay the Contractor in current funds, and in accordance with the progress payment schedule as stated herein, for the performance of the work, subject to additions and deductions by Change Order as provided in the Contract Documents, the estimated amount of> Dollars ($>). The minimum guaranteed contract amount for the initial contract performance period is $50,000. ll ASBESTOS FREE MATERIALS: All work under this Contract will be constructed with asbestos free materials. A written, notarized statement on company letterhead is to be submitted with the executed Contract certifying this fact. All payments shall be withheld until such statement is submitted. Contractor shall agree that if materials containing asbestos are subsequently discovered at any future time to have been included in the construction done by the Contractor or any of its Subcontractors or agents and were not specified in the design or required by the Contract document, Contractor shall be liable for all costs related to the abatement of such asbestos and damages or claims against the County. III ADMINISTRATIVE DATA: Payments: Based upon invoices submitted to the Project Manager by the Contractor and Delivery Orders issued by the Project Manager, the County shall make payments against the Contract to the Contractor as provided in the Contract Documents. E-1 Should the Contractor fail to complete all Work on or before the date stipulated for completion on a Delivery Order, or such later date as may result from an extension granted by the County, he shall pay and/or the County may retain from the compensation otherwise to be paid to the Contractor, as liquidated damages, the sum of $200 for each consecutive calendar day after the date allowed by the Delivery Order until the entire work is complete, which sum is agreed upon as a reasonable and proper measure of damages which County will sustain per diem by failure of Contractor to complete the Work within time as stipulated; it being recognized by County and Contractor that the injury to County which could result from a failure of Contractor to complete on schedule is uncertain and cannot be computed exactly. In no way shall costs for liquidated damages be construed as a penalty on the Contractor. IV CONTRACT DOCUMENTS: This Contract entered into this date by the Board of County Commissioners hereinafter called the County, represented by the Manager of the Procurement Division executing this Contract and the individual, partnership or corporation named above, hereinafter called the Contractor. Witnesseth that the parties hereto do mutually agree as follows: A. The Contractor shall furnish all labor, equipment and materials and perform the Work described for the amount specified in individual Delivery Order in strict accordance with the General Conditions, Supplementary Conditions/Special Provisions, Plans and Specifications and other Contract Documents, all of which are made a part hereof and designated as follows: 1. Orange County Invitation for Bids/Project Manual, IFB No. Y17-1099-RM, dated May 8, 2017; (which contains the Invitation for Bids, Notice, Instruction to Bidders, Bid Form and Attachments, this Contract, required Bonds and insurance certificates, General Conditions, Supplementary Conditions/Special Provisions, and Specifications); 2. Addendum No. >; dated>; 3. >'s Bid Proposal dated June 8, 2017; 4. Certificates of Insurance; 5. Payment/Performance Bonds; E-2 B. The order of precedence of items and documents is as follows: Construction Contract Permits Supplemental Conditions/Special Provisions General Conditions Specifications/Technical Provisions Drawings/Plans Road Design, Structures, and Traffic Operations Standards (If applicable) Florida Department of Transportation Standard Specifications for Road and Bridge Construction (If applicable) Bid Proposal Instructions to Bidders C. Contract Type: This is an indefinite quantity contract for the goods and/or services specified. The quantities of goods and/or services specified are estimates only and are not purchased by this Contract. Delivery or performance shall be only as authorized by orders in accordance with the terms of this contract. The Contractor shall furnish to the County, when and if ordered, the goods and/or services up to and including the quantity designated in the schedule as the "Total Estimated Amount." The County shall order at least the quantity designated as the "Minimum" during the initial contract performance period. The County may issue orders requiring delivery to multiple destinations or performance at multiple locations. ORDER LIMITATIONS a. Minimum Order- When the County requires goods or services covered by this contract in an amount less than $1,000, the County is not obligated to purchase, nor is the Contractor obligated to provide these goods or services under the contract. b. Maximum Order—The Contractor is not obligated to honor any order for goods or services in excess of$500,000. E-3 Delivery or performance shall be only as authorized by orders in accordance with the terms of this contract. The Contractor shall furnish to the County, when and if ordered, the goods and/or services up to and including the quantity designated in the schedule as the "Total Estimated Amount." The County shall order at least the quantity designated as the "Minimum" during the initial contract performance period. The County may issue orders requiring delivery to multiple destinations or performance at multiple locations. D. Delivery Orders shall not exceed $500,000 without the express written authority of the Manager, Procurement Division. E. This Contract is effective >, 20 and shall remain effective through >, 20_. F. This Contract may be unilaterally renewed as provided in the Contract Documents, Part F, Article 26, "Option to Extend the Term of the Contract". Any amendments to this Contract must be in writing. G. This Contract may be cancelled or terminated as provided for in the Invitation for Bids. H. Ordering against the Contract: 1. Unless otherwise specified in the Contract, the County will place orders by issuance of a numbered Delivery Order against this Contract. Each Delivery Order will specify the locations, description and completion time of the work. 2. The obligations of Orange County under this Contract are subject to need and availability of funds lawfully appropriated for its purpose by the Board of County Commissioners, or other specified funding source for this contract. I. Taxes: The County has the following tax exemption certificates assigned: 1. Certificate of Registry No. 59-70-004K for tax free transactions under Chapter 32, Internal Revenue Code; 2. Florida Sales and Use Tax Exemption Certificate No. 58-12-090729-53C. E-4 J. Invoicing: 1. Invoices must be submitted, in duplicate, referencing this Contract number and the Delivery Order number to: Roads and Drainage Division 4200 S. John Young Parkway Orlando, Florida 32839 2. Invoices against this Contract are authorized only at the prices stated in your Bid response, unless otherwise provided in the Invitation for Bid. V TIME OF COMMENCEMENT AND FINAL COMPLETION: Work to be completed within period specified on individual Delivery Orders, unless amended by written Change Order executed by both parties to this Contract. VI COMPLIANCE WITH M/WBE CONTRACT REQUIREMENTS: By entering into this Contract, the Contractor affirmatively commits to comply with the M/WBE subcontracting requirements submitted with his/her bid. The failure of the Contractor to comply with this commitment during the Contract's performance period may be considered a breach of Contract. The County may take action up to and including termination for default if this condition is not remedied within the time period specified by the Manager, Procurement Division. VII MISCELLANEOUS PROVISIONS: A. Terms used in this Contract which are defined in the General Conditions shall have the meanings designated in those conditions. B. No price adjustments shall be made on this contract to the bid price of any products or materials including but not limited to gasoline, diesel or other fuels, and bituminous materials, including asphalt, due to fluctuations in market prices, changes in suppliers or any other reason. C. County and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. E-5 D. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the provisions of this Contract will be held in Orange County, Florida. Venue for any litigation involving this Contract shall be the Ninth Circuit Court in and for Orange County, Florida. BOARD OF COUNTY COMMISSIONERS > ORANGE COUNTY, FLORIDA BY: BY: Carrie Woodell, MPA, CFCM, CPPO, C.P.M. Signature CPPB, APP, Manager, Procurement Division DATE: (for County use only) Type or Print Name E-6 PERFORMANCE BOND BOND NUMBER KNOW ALL MEN BY THESE PRESENTS that Name of Contractor Address Phone Number Corporation, Partnership or Individual hereinafter referred to as the Contractor, as Principal, and Name of Surety Address Phone Number hereinafter called SURETY, as SURETY, are held and firmly bound unto Orange County, 400 East South Street, Orlando, FL 32801, (407)836-5635 a Political Subdivision of the State of Florida as Obligee, hereinafter referred to as Owner, in the full and just sum of $ , lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Contractor and SURETY bind themselves, their representatives, and each of their heirs, executors, administrators, successors and assigns,jointly and severely, firmly by these presents. WHEREAS, the Contractor has entered into Contract No. Y17-1099 with the "County", also referred to herein as the OWNER, for the project entitled: ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS, at any location in Orange County, Florida, with conditions and provisions as are further described in the aforementioned Contract, which Contract is by reference made a part hereof for the purpose of explaining this bond. General description of the Work: This work consists of providing all labor, materials and equipment necessary to perform roadway roadbase, asphalt, curbs, gutters, sidewalks and other miscellaneous concrete repairs. NOW, THEREFORE, the condition of this obligation is such that if Contractor shall fully, promptly and faithfully perform said Contract and all obligations thereunder, including all obligations imposed by the Contract documents (which includes the Notice to Bidders, Instruction to Bidders, Proposal and Bid Form, General and Supplementary Conditions, Detail Specifications, Form(s) of Contract Bond(s), Plans and Specifications and such amendments thereof as may be made as provided for therein), then this obligation shall be void; otherwise it shall remain in full force and effect. 1. The undersigned shall indemnify and save harmless said Owner against and from all costs, expenses and damages, including litigation costs and attorney's fees arising out of, or in connection with the neglect, default or want of care or skill, including patent infringement on the part of said Contractor, his agents, servants or employees in the execution or performance of said Contract. The applicable provisions of Section 255.05 and 713.01 Florida Statutes apply to this bond. Revised 5/2/06 E-7 2. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the SURETY may promptly remedy the default or shall promptly: A. Complete the Contract in accordance with its terms and conditions; or B. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by SURETY of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the SURETY jointly of the lowest responsible bidder, arrange for a Contract between such bidder and the Owner. SURETY shall make available as the work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this Paragraph) sufficient funds to pay the costs of completion, including other costs and damages for which the SURETY may be liable hereunder, the amount set forth in the first paragraph hereof. 3. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes shall not affect SURETY'S obligation under this bond. Any increase in the total Contract amount as authorized by the Owner shall accordingly increase the SURETY'S obligation by the same dollar amount of said increase. The Principal shall be responsible for notification to SURETY of all such changes. 4. The undersigned expressly acknowledges its obligations and liabilities for liquidated damages suffered by the Owner under the provisions of the Contract Documents. 5. The undersigned, covenant and agree that no change, extension of time, exercise of options for Contract renewals, changes to Contract amounts, alterations or additions to the terms of the Contract or the work to be performed thereunder, or the specifications accompanying the same shall in any way affect their obligation on this bond, and the SURETY does hereby expressly waive notice of any such change, extension of time, change to Contract amount, alteration, or addition. Moreover, no alterations or additions to this bond form shall be binding unless specifically agreed to in writing by the parties. 6. The Contractor shall save the Owner harmless from any and all damages, expenses and costs which may arise by virtue of any defects in said work or materials within a period of one (1) year from the date of Final Completion of the Project. Signed and sealed this the day of 20 CONTRACTOR, AS PRINCIPAL WITNESS: Firm Name BY: Signature Type Name and Title SURETY AGENT FOR SURETY NAIC Number: Signature BY: AGENCY ADDRESS: SURETY ADDRESS: PHONE E-8 Licensed Florida Insurance Agent?Yes No License Number: STATE OF COUNTY OF )SS CITY OF Before me, a Notary Public duly commissioned, qualified and acting personally, appeared: to me well known, who being by me first duly sworn upon oath says that he is Attorney-in-Fact for as Surety, and that he has been authorized by said Surety to execute the foregoing Performance Bond on behalf of the Principal(Contractor) named therein in favor of the owner. Subscribed and sworn to before me this the day of , 20 Notary Public (Print, Type or Stamp Commissioned Name of Notary Public) Personally Known or Produced Identification Type of Identification: In accordance with Part C,Section 19 and Part F Article 8 of the Contract,if applicable,list the Lead Surety. LEAD SURETY AGENT FOR SURETY Signature BY: AGENCY ADDRESS: SURETY ADDRESS: PHONE E-9 PAYMENT BOND BOND NUMBER KNOW ALL MEN BY THESE PRESENTS that Name of Contractor Address Phone Number Corporation, Partnership or Individual Thereinafter called Contractor, as Principal, and Name and Address of Surety hereinafter called SURETY , as SURETY, are held and firmly bound unto Orange County, 400 East South Street, Orlando, FL 32801, (407) 836-5635 a Political Subdivision of the State of Florida as Obligee, in the full and just sum of$ , lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Contractor and SURETY bind themselves, their representatives, and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Contractor has entered into Contract No. Y17-1099 with the "County", also referred to herein as the OWNER, for the project entitled: ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS, at any location in Orange County, Florida, with conditions and provisions as are further described in the aforementioned Contract, which Contract is by reference made a part hereof for the purpose of explaining this bond. General description of the Work: This work consists of providing all labor, materials and equipment necessary to perform roadway roadbase, asphalt, curbs, gutters, sidewalks and other miscellaneous concrete repairs. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS such that if Contractor shall promptly make payments to all claimants for any and all labor and material used or reasonably required for use or furnished in connection with the performance of said Contract, and shall perform all other covenants and obligations of this bond, then this obligation shall be void; otherwise it shall remain in full force and effect. 1. The undersigned shall promptly make payment to all persons supplying services, labor, material or supplies used directly or indirectly by said Contractor, or any subcontractor(s) or sub- subcontractor(s), in the prosecution of the work provided for in said Contract. 2. Subject to the Owner's priority, claimants covered by Section 713.01 of the Florida Statutes shall have a direct right of action against the Principal and SURETY under this obligation, after written notice of the performance of labor or delivery of materials or supplies, and non-payment therefore. Any claimant who seeks to recover against the Principal or SURETY under this obligation must also satisfy the notice requirement and time limitations of Section 255.05 of the Florida Statutes, as amended. 3. The undersigned, covenant and agree that no change, extension of time, exercise of options for Contract renewals, change to Contract amounts, alterations or additions to terms of the Contract or the work to be performed thereunder, or the specifications accompanying the same shall in any way affect their obligation on this bond and the SURETY does hereby expressly waive notice of any such change, extension of time, exercise of options for Contract renewal, changes to Contract amount, alternations or additions. Moreover, no alterations or additions to this bond form shall be binding unless specifically agreed to in writing by the parties. The applicable provisions of Sections 255.05 and Florida Statutes apply to this bond. Revised 5/2/06 E-10 4. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes shall not affect SURETY'S obligation under this bond. Any increase in the total Contract amount as authorized by the Owner shall accordingly increase the SURETY'S obligation by the same dollar amount of said increase. The Principal shall be responsible for notification to SURETY of all such changes. Signed and sealed this the day of ,20 . CONTRACTOR,AS PRINCIPAL: WITNESS: Firm Name By: Signature Signature Type Name and Title SURETY: AGENT FOR SURETY: BY: NAIC Number: Signature BY: AGENCY ADDRESS: SURETY ADDRESS PHONE NO. Licensed Florida Insurance Agent?Yes No License Number: STATE OF ) COUNTY OF )SS CITY OF Before me, a Notary Public duly commissioned, qualified and acting personally, appeared: to me well known, who being by me first duly sworn upon oath says that he is Attorney-in-Fact for as Surety, and that he has been authorized by said Surety to execute the foregoing Payment Bond on behalf of the Principal (Contractor) named therein favor of the owner. Subscribed and sworn to before me this the day of , 20 . Notary Public (Print, Type or Stamp Commissioned Name of Notary Public) Personally Known or Produced Identification (Type) E-11 In accordance with Part C,Section 19 and Part F Article 8 of the Contract,if applicable,list the Lead Surety. LEAD SURETY AGENT FOR SURETY Signature BY: AGENCY ADDRESS: SURETY ADDRESS: PHONE E-12 (THIS FORM MUST BE UTILIZED IN ALL FINAL PAY APPLICATIONS) FINALRELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of monies, set out in the accompanying Estimate Statement No. , final, which quantity, the receipt of which is hereby acknowledged, is accepted as full and complete compensation for all work done, materials furnished and damages or claims arising under Orange County Contract No. Y17-1099-RM, entitled: ROADBASE, ASPHALT, CURB, GUTTER AND MISCELLANEOUS CONCRETE REPAIRS By: Contractor (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before this day of 20 , by Personally Known OR Produced Identification Type of identification Produced E-13 CHANGE ORDER REQUEST PURCHASE ORDER/DELIVERY ORDER/CONTRACT *Vendor Code: *Vendor Name: . *Date: *Change Order Request No.: *Document No.: Contract No. *Department: *Contact/Phone No.: ACCOUNTING LINE CHANGE ONLY: Accounting Line From: Amount: Accounting Line To: Amount: COMMODITY LINE NUMBER ADD: Comm. Line No.: Commodity Code: Quantity: Unit of Measure: Unit Cost: Description: MA Line No. Accounting Line: Amount: COMMODITY LINE NUMBER INCREASE/DECREASE/DELETE: Comm. Line No. Increase Qty By: Decrease Qty By: Increase Unit Cost By: Decrease Unit Cost By: Accounting Line: Delete: (check only if you want to delete this line number). CANCELLATION: Please cancel Purchase Order/Delivery Order Original sent to vendor: Yes No *JUSTIFICATION (Required for all transactions): Enter Retainage for line number(s) in the amount of *Original PO/DO/Contract Award/Encumbrance Contract Amount Encumbered/De-Encumbered Amount circle one $ . $ *Net Dollars for Previous Change Orders (Addition/Subtraction)circle one $ $ *Net Dollars for This Change Order (Addition/Subtraction) circle one $ . $ *Total Dollars $ . $ By signing this agreement, the Contractor hereby releases the County, its agents, and employees from any and all liabilities under this contract for further equitable adjustments and/or claims associated with this change order. *Vendor/Contractor Authorization: Date: *Departmental Approval: Date: *Purchasing &Contracts Approval: Date: For Purchasing Use Only Track Change Order: _Yes_No Change Award Amount to: $ Add the following text to the PO/DO: E-14 CHANGE ORDER REQUEST CONTINUATION SHEET Document No.: PURCHASE ORDER/DELIVERY ORDER/CONTRACT ACCOUNTING LINE CHANGE ONLY: Accounting Line From: Amount: Accounting Line To: Amount: Accounting Line Add: Amount: Accounting Line From: Amount: Accounting Line To: Amount: Accounting Line Add: Amount: COMMODITY LINE NUMBER ADD: Comm. Line No.: Commodity Code: Quantity: Unit of Measure: Unit Cost: Description: MA Line No. Accounting Line: Amount: Comm. Line No.: Commodity Code: Quantity: Unit of Measure: Unit Cost: Description: MA Line No. Accounting Line: Amount: Comm. Line No.: Commodity Code: Quantity: Unit of Measure: Unit Cost: Description: MA Line No. Accounting Line: Amount: COMMODITY LINE NUMBER INCREASE/ DECREASE/ DELETE: Comm. Line No. Increase Qty By: Decrease Qty By: Increase Unit Cost By: Decrease Unit Cost By: Accounting Line: Delete: (check only if you want to delete this line number). Comm. Line No. Increase Qty By: Decrease Qty By: Increase Unit Cost By: Decrease Unit Cost By: Accounting Line: Delete: (check only if you want to delete this line number). Comm. Line No. Increase Qty By: Decrease Qty By: Increase Unit Cost By: Decrease Unit Cost By: Accounting Line: *Departmental Approval: Date: Purchasing&Contracts Approval: Date: 53-25 (7/04) E-15 DRUG-FREE WORKPLACE FORM The undersigned vendor, in accordance with Florida Statute 287.087 hereby certifies that does: Name of Business 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days such conviction. 5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraphs 1 thru 5. As the person authorized to sign this statement, I certify that this firm complies fully with above requirements. Bidder's Signature Date E-16 THIS PAGE LEFT INTENTIONALLY BLANK PART F GENERAL CONDITIONS ARTICLE 1 -THE CONTRACT The Contract Documents are identified in the Contract, Part E. Titles, Subtitles, Headings, Running Headlines, Table of Contents, and Indexes are printed in the Contract Documents merely for convenience. ARTICLE 2 - DEFINITIONS The words and expressions (or pronouns used in their stead) defined in this Article shall, wherever they appear in the Contract Documents, be construed as follows unless a different meaning is clear from the context. "Addenda" shall mean any additional solicitation provisions issued in writing by the County prior to the date and time for bid openings. "Bid Proposal" shall mean the offer of proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. "Bidder" shall mean any person, firm or corporation submitting a Bid for the Work. "Board of County Commissioners" shall mean the Board of County Commissioners, Orange County, Florida, or their duly authorized representative(s). "Change Order" shall mean a written order to the Contractor, signed by the County, authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract and/or Delivery Order, or the Contract Performance Period or Completion Time issued after execution of the Contract or issuance of a Delivery Order. "Completion Time" shall mean the number of days specified on a Delivery Order for completion of the Work on that delivery order. "Contract" shall mean the written agreement between the County and the Contractor covering the Work to be performed; the Contract will be attached to and made a part of the Contract Documents. "Contractor" shall mean successful Bidder (and vice versa), whether a corporation, firm, individual or any combination thereof, and its (or their) successors, personal representatives, executors, administrators and assigns. "Contract Amount" shall mean the total estimated award amount. The term "Contract Price"where used in the Contract Documents refers to the Contract Amount. "Contract Float" shall mean the number of days that an activity or a sequence of activities does not necessarily have to start or end on the scheduled dates to maintain the schedule, or as a minimum, the number of days that an activity may be delayed from its early start date without delaying completion of the Work beyond the Contract Time for Substantial Completion or Final Acceptance. F-1 "Contract Performance Period" shall mean the overall performance period of this Contract. "County" shall mean the Board of County Commissioners, Orange County, Florida, or their duly authorized representative(s), for whom the Contract Work is being performed. "Day" shall mean one calendar day when used in the Contract Documents. "Defective Work" shall mean (a) Work that is unsatisfactory, deficient or damaged, does not conform to the Contract Documents, or does not meet the requirements of any inspection, test or approval, or (b) Work associated with punch list items that the Contractor fails to complete within a reasonable time after issuance of the punch list by the Project Manager. "Delivery Order" shall mean any order issued against the basic Contract for construction work in accordance with its terms and conditions. "Drawings" shall mean any drawings issued in conjunction with a Delivery Order to illustrate or further define the work. "Final Acceptance" shall mean acceptance of the Work specified on an individual Delivery Order by the County upon the expiration of the warranty period as stated in the Contract Documents. "Final Completion" shall mean acceptance of the Work by the County as evidenced by its signature upon final Certificate of Completion and approval thereof by the Board of County Commissioners. The final Certificate of Completion shall be signed only after the County has assured itself by tests, inspection or otherwise that all of the provisions and requirements of the Contract have been carried out to its satisfaction. "Notice" shall mean written Notice. Notice shall be served upon the Contractor either personally or by leaving the said Notice at his residence, or place of business, or with his Agent in charge of the Work, or addressed to the Contractor at the residence or place of business given in the Bid and deposited in a postpaid wrapper in any post box regularly maintained by the United States Post Office. "Notice of Award" shall mean the written notice of award of the Contract given by the County to the apparent successful Bidder. "Project Manager" shall be the duly authorized representative of the County during the construction period and is named in Article 10. "Shop Drawings" shall mean all drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, a manufacturer, supplier or distributor and which illustrate the equipment, material and/or some portion of the work. "Site" shall mean the area upon or in which the Contractor's operations are carried on and such other areas adjacent thereto as may be designated as such by the Project Manager. F-2 "Specifications" shall mean parts of the Contract Documents identified as "Specifications" and organized into Divisions. The specifications include general requirements and technical descriptions of materials, equipment, construction systems, standards and workmanship. The term "Technical Provisions" where used in the Contract Documents refers to the Specifications. "Subcontractor" shall mean any person, firm or corporation other than employees of the Contractor who or which contracts with the Contractor to furnish, or actually furnishes labor, materials and/or equipment for the work. "Substantial Completion" shall mean the completion of the Work by the Contractor to the point where the County may make beneficial use of the Work. "Surety" shall mean any corporation that executes, as Surety, the Contractor's Bid Bond and/or Payment and Performance Bonds securing the performance of this Contract, if required. "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 Contract documents, including the furnishing of all labor materials, equipment, and other incidentals. ARTICLE 3 -ASSIGNMENT OF CONTRACT The contractor may not make any assignment of the contractual agreement between the parties, in whole or in part, without prior written authorization as may be given by the County, at its sole discretion. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without written consent of the party sought to be bound; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. ARTICLE 4 - QUOTATIONS, DELIVERY ORDER AMOUNT, PERFORMANCE PERIOD, PRE-CONSTRUCTION CONFERENCE The County shall issue a written Request for Quotation to the Contractor based upon a specific requirement for work that is within the scope of this Contract. The Contractor shall within seven (7) calendar days visit the site, if needed, and submit a written quotation to the County, based solely upon the unit prices contained in the Bid Item Schedule, Part D. The Contractor shall also provide with the quotation a proposed completion time (in number of days) for the project. The Project Manager shall review the quotation, negotiate quantities and/or completion time as needed, and, upon acceptance of the quotation, issue a Delivery Order to the Contractor. The Delivery Order shall specify the number of days to completion for the work covered by the Delivery Order. F-3 Pre-construction (Pre-work) Conference: Within 20 days after the effective date of the Contract, but before Contractor starts the Work at any site, a conference attended by Contractor, Project Manager, other personnel as required and others as appropriate will be held to discuss such topics as may include, but not limited to; schedules, procedures for handling Shop Drawings and other submittals, processing of invoices, maintenance of traffic, initiation of coordination with affected utilities, and to establish a working understanding among the parties as to the Work. ARTICLE 5 - INTERPRETATION AND INTENT OF THE CONTRACT DOCUMENTS It is the intent of the Specifications and Drawings (if applicable) to describe a the work to be constructed in accordance with the Contract Documents. However, the County makes no representation or warranty of any nature whatsoever to the Contractor concerning such documents. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error or discrepancy in the Contract Documents, he should call it to the Project Manager's attention in writing before proceeding with the work affected thereby. Any work that may reasonably be inferred from the applicable Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. In case of conflict, the more stringent requirements shall take precedence and govern. ARTICLE 6 - REFERENCE POINTS (If Applicable) Availability of Lands: The County will furnish, as indicated in the Contract Documents and not later than the date when needed by the Contractor, the lands upon which the Work is to be done, rights-of-way for access thereto and such other lands which are designated for the use of the Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained by the County unless otherwise specified in the Contract Documents. If the Contractor believes that any delay in the County's furnishing these lands or easements entitles him to an extension of the Contract time, he may make a claim therefore as provided in Article 13. The Contractor will provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. The Project Manager will upon request furnish to the Contractor copies of all available boundary surveys and subsurface tests. Unforeseen subsurface conditions: The Contractor will promptly notify the Project Manager in writing of any subsurface or latent physical conditions at any site which may differ materially from those indicated in the Contract documents. The Project Manager will promptly investigate those conditions and advise the Contractor in writing if further surveys or subsurface tests are necessary. Promptly thereafter, if needed, the Project Manager will obtain the necessary additional surveys and tests and furnish copies to the Contractor. If the Project Manager finds that the results of such surveys or tests indicate subsurface or latent physical conditions differing significantly from those indicated in the Contract documents, a change order shall be issued incorporating the necessary revisions. F-4 Reference points: The Contractor shall be responsible for all field survey work that is needed for the execution of the work and the completion of this project as specified herein. All survey Work shall be done under the supervision of a Registered Professional Surveyor and Mapper. The County shall furnish, one time, a set of permanent reference markers to form the basis for the above Contractor's survey. All section corners and quarter section corners falling within the limits of this project shall be perpetuated by a Florida Registered Surveyor and Mapper. a. All such corners falling within or on the boundaries of this project shall have reference ties made, certified to and submitted to the County surveyor, Orange County, Florida, prior to the commencing of construction. b. Upon completion of construction and prior to final acceptance by the County, certified corner records shall be submitted to the department of natural resources in compliance with Florida Statutes, Chapter 177.507 and a copy of said certified corner record shall also be submitted to the Orange County surveyor. Said corner records shall reflect the corner as perpetuated and which shall meet these minimum standards: 1. If the corner falls in asphalt or concrete construction, the corner shall be a 2 1/4" metal disc marked according to standard government practices and set in concrete no less than 18" in depth and shall be encased in an adjustable 5 1/4" diameter or larger valve box raised to the finished surface of construction. 2. If the corner falls at any other location, it shall be a 4" x 4" concrete monument no less than 23" long with a 2 1/4" metal disc marked according to standard government practices. The top of said monument shall be set flush with the ground (±0.5' depending on conditions). Any U.S.C. and G.S. monument within limits of construction are to be protected. if monuments are in danger of damage, the Contractor shall contact the Project Manager and the Orange County Surveyor prior to the commencing of construction. Payment for all necessary survey work shall be included in the Bid as part of the Contractor's base Bid. ARTICLE 7 - BONDS AND INSURANCE AND INDEMNIFICATION Payment and Performance Bonds: The CONTRACTOR shall execute and deliver to the County the Payment and Performance Bonds (see Part C, 2-h) included herein as security for the faithful performance and completion of the Work and payment for all materials and labor furnished or supplied in connection with all Work included in the Contract Documents. F-5 These Bonds shall be in amounts at least equal to the Contract Amount, shall name the County as obligee and shall be in such form and by sureties of financial standing having a rating from A.M. Best Company (or other equivalent rating company) equal to or better than A- VI and must be included on the approved list of sureties issued by the United States Department of Treasury. Prior to execution of the Contract Documents the County may require the Contractor to furnish such other Bonds, in such form and with such sureties as it may require. If such Bonds are required by written instructions given prior to opening of Bids, the premium shall be paid by the Contractor. If the Contract Amount is increased by Change Order, it shall be the Contractor's responsibility to insure that the Payment and Performance Bonds be amended accordingly and a copy of the amendment is forwarded to the County. 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. If the Surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any State where any part of the Work is located or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall within five (5) days thereafter substitute another Bond with another Surety both of which shall be acceptable to the County. Insurance Requirements: Contractor agrees to maintain on a primary basis and at its sole expense, at all times throughout the duration of this Contract the following types of insurance coverage with limits and on forms (including endorsements) as described herein. These requirements, as well as the County's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities assumed by Contractor under this Contract. Contractor is required to maintain any coverage required by federal and state workers' compensation or financial responsibility laws including but not limited to Chapter 324 and 440, Florida Statutes, as may be amended from time to time. Insurance carriers providing coverage shall be authorized and/or eligible to do business in the State of Florida and shall possess a current A.M. Best's Financial Strength Rating of A- Class VIII. The Contractor shall require and ensure that each of its subcontractors maintain insurance until the completion of their work under any contract associated with this Contract. Failure of the Contractor to maintain insurance coverage for itself or for any other persons or entities for whom it is responsible or to ensure that its subcontractors maintain coverage shall not relieve the Contractor of any contractual responsibility, obligation or liability. F-6 If the CONTRACTOR intends to bid on this Contract as a Joint Venture then all insurance coverage required herein shall include the Joint Venture as "named insured". If the Joint Venture has no employees then this requirement is waived for workers' compensation. The Joint Venture shall also purchase discontinued completed operations coverage for any claims made after the dissolution of the Joint Venture. This coverage shall be for a period of two years following final completion of the project or continuing service contract. The minimum types and amounts of insurance inclusive of any amount provided by an umbrella or excess policy, shall be as follows: ® Workers' Compensation — The Contractor shall maintain coverage for its employees with statutory workers' compensation limits, and no less than the limits indicated in the Schedule of Limits (see below) for Employers' Liability. Said coverage shall include a waiver of subrogation in favor of the County. The County will not accept elective exemptions. Any contractor using an employee leasing company shall complete the Leased Employee Affidavit (Exhibit A). Required Endorsements: ▪ Waiver of Subrogation-WC 00 03 13 or its equivalent (Exhibit G) ® Commercial General Liability — The Contractor shall maintain coverage issued on an ISO form CG 00 01 or its equivalent, with a limit of liability of not less than the limits indicated in the Schedule of Limits (see below). Contractor further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Contractual Liability, or Separation of Insureds. The General Aggregate limit shall either apply separately to this Contract or shall be at least twice the required occurrence limit. All projects with a Contract Amount greater than $20,000,000 shall be written on a Designated Premises or Projects basis (Exhibit B). Commercial umbrella and excess coverage shall include liability coverage for damage to the Contractor's completed work equivalent to that provided under ISO Form CG 00 01 04 13. Required Endorsements: ® Additional Insured- CG 20 10 04 13 and CG 20 37 04 13 or its equivalent (Exhibits E and F) • Waiver of Subrogation- CG 24 04 05 09 or its equivalent Note: If blanket endorsements are being submitted please include the entire endorsement. The policy number to which the endorsement applies shall be indicated directly on the endorsement. ® Business Automobile Liability- The Contractor shall maintain coverage for all owned; non-owned and hired vehicles issued on ISO form CA 00 01 or its equivalent, with limits of not less than the limits indicated in the Schedule of Limits (see below). In the event the Contractor does not own automobiles the Contractor shall maintain coverage for hired and non-owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. F-7 Required Endorsements: ❑ MCS-90- for operations governed under Sections 29 & 30 of the Motor Carrier Act of 1980 Schedule of Limits: Contract Amount Workers' Comp/ General Automobile Employers' Liability Liability Liability Up to $10 million Statutory/$500,000 $1,000,000 $1,000,000 $10 - $20 million Statutory/$1,000,000 $5,000,000 $5,000,000 Over$20 million To Be Determined by the County ® Pollution Legal Liability-The Contractor agrees to maintain Contractor's Pollution Legal Liability with a limit of not less than one million ($1,000,000) per occurrence on a per-project basis. n Builders' Risk - If this Contract includes: (1) construction of a new above-ground structure or structures, (2) any addition, improvement, alteration, or repair to an existing structure or structures, or (3) the installation of machinery or equipment into an existing structure or structures, the Contractor shall maintain builders' risk insurance providing coverage to equally protect the interests of the County, the Professional, the Contractor and subcontractors of any tier. Coverage shall be written on a completed value form (Exhibit C) in an amount at least equal to 100% of the estimated completed value of the project plus any subsequent modifications of that sum. The coverage shall be written on an "all-risk" basis and shall, at a minimum cover the perils insured under the ISO CP 10 30 Special Causes of Loss Form (Exhibit D) and shall include property in transit and property stored on or off premises, which shall become part of the project. The Contractor agrees not to maintain a wind or flood sub-limit less than 25% of the estimated completed value of the project. The Contractor agrees any flat deductible(s) shall not exceed $25,000, and any wind percentage deductible (when applicable) shall not exceed five-percent (5%). The coverage shall not be subject to automatic termination of coverage in the event the project/building is occupied in whole or in part, or put to its intended use, or partially accepted by the County. If such restriction exists the Contractor shall request that the carrier endorse the policy to amend the automatic termination clause to only terminate coverage if the policy expires, is cancelled, the County's interest in the project ceases, or the project is accepted and insured by the County. F-8 ❑ Professional Liability- If the construction method is "design-build" the Contractor agrees to maintain Professional Liability on a per-project basis. The Contractor agrees to provide coverage with limits and deductibles as prescribed below. Project Cost Minimum Limit Maximum Deductible $0-1,000,000 50% of project cost 10% of project cost subject to a minimum or $25,000, whichever of$100,000/occurrence is smaller $1,000,000-5,000,000 $1,000,000 $100,000 over$5,000,000 Determined by the County When a self-insured retention or deductible exceeds $100,000 the County reserves the right to request a copy of the Contractor's most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis the Contractor agrees to maintain a retroactive date prior to or equal to the effective date of this contract. In the event the policy is canceled, non-renewed, switched to occurrence form, or any other event which triggers the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this contract the Contractor agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Contractor of the obligation to provide replacement coverage. The Contractor shall be responsible for all risk of loss whether insured or not until final acceptance of the project by the County. The Contractor agrees to be fully and solely responsible for any costs or expenses resulting from a coverage deductible, co- insurance penalty, or self-insured retention; including any loss not covered because of the application of said deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. The County has the right to request that the Contractor procure and maintain a surety bond for any deductible amounts that exceed any amount stated herein in such amount and on such form that are acceptable to the County. The County reserves the right, but not the responsibility to periodically review any and all policies of insurance and to reasonably adjust the limits and/or types of coverage required herein, from time to time throughout the term of this Contract. In such event, the County shall provide the Contractor written notice of such adjustments and the Contractor shall comply within thirty (30) days of receipt thereof. Any request for an exception to these insurance requirements must be submitted in writing to the County for approval. The Contractor agrees to specifically include the County as an Additional Insured on the Commercial General Liability policy with a CG 20 37 — Additional Insured - Owners, Lessees or Contractors-Completed Operations (Exhibit E) or CG 20 10 — Additional Insured-Owners, Lessees or Contractors-Scheduled Person or Organization Endorsement, or their equivalent (Exhibit F). F-9 The Contractor shall also specifically include the County as an Additional Insured on any Commercial Umbrella or Excess policies unless the County is automatically defined under the policy as an Additional Protected Person. Additionally, the Contractor agrees to specifically include the County as an Additional Insured under the Contractor's Pollution Liability coverage (when applicable). The name of the organization identified in each Additional Insured endorsement's schedule shall read Orange County Board of County Commissioners. The Contractor agrees by entering into this written Contract to provide a Waiver of Subrogation in favor of the County, Contractor, Professional, and sub-contractors of any tier for each required policy providing coverage during the life of this Contract. When required by the insurer, or should a policy condition not permit an endorsement, the Contractor agrees to notify the insurer and request that the policy(ies) be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or an equivalent endorsement. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition that specifically prohibits such an endorsement or voids coverage should the Contractor enter into such an agreement on a pre-loss basis. Before execution of this Contract by the County and the start of any Work and for the duration of this Contract, the Contractor shall provide the COUNTY with current certificates of insurance evidencing all required coverage. The certificates shall clearly indicate that the Contractor has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the COUNTY. Certificates shall specifically reference the project title and contract number. The certificate holder shall read: Orange County Board of County Commissioners c/o Procurement Division 400 E. South Street Orlando, Florida 32801 Prior to commencement of any Work performed by subcontractors (if any), the Contractor shall obtain certificates of insurance evidencing coverage from each of its subcontractors and shall furnish within five days, copies of said certificates upon request by the County. In addition to the certificate(s) of insurance the Contractor shall also provide a blanket or specific additional insured endorsement and all waivers of subrogation or transfer of rights of recovery endorsements for each policy. Failure of the County to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the County to identify a deficiency from evidence provided will not be construed as a waiver of the Contractor's obligation to maintain such insurance. Indemnification: Subject to the limitations in the third paragraph under this heading, the Contractor will defend, indemnify and hold harmless the County, its agents and employees from and against all liabilities, claims, damages, losses, costs and expenses (including attorney's fees) arising out of or resulting from the performance of the Work, provided that any such liability, claim, damage, loss, cost or expense: F-10 • is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and, • is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in whole or in part by a party indemnified hereunder. The Contractor hereby acknowledges receipt of One Hundred Dollars ($100) and other good and valuable consideration from the County as consideration for the indemnification provisions in this Contract. In any and all claims against the County, its agents or employees; employees of the Contractor and subcontractor; all persons directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. The indemnification obligations of the Contractor under this section shall not extend to the liability of the Professional and its agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or the giving or the failure to give requested interpretations by the Professional and their agents or employees, provided such giving or failure to give is the primary cause of injury or damage. The Contractor will defend, indemnify and hold harmless the County and anyone directly or indirectly employed by it from and against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of patent rights or copyrights held by others during or after completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. Provided however, if this Contract is deemed by a court of competent jurisdiction to be a construction contract under Section 725.06, Florida Statutes, any obligation of the Contractor to defend, indemnify or hold harmless the County, its officers and employees shall be limited to an obligation to indemnify and hold harmless to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Contractor and persons employed or utilized by the Contractor in the performance of the Contract. The indemnification provisions contained herein shall survive the termination of this Contract. ARTICLE 8 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence - The Contractor will supervise and direct the work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, sequences and procedure of construction, unless otherwise specified. The Contractor will be responsible to see that the finished Work complies accurately and completely with the Contract Documents. F-11 The Contractor will keep on the site at all times during its work a competent superintendent who shall not be replaced without written notice to the Project Manager. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. The Project Manager may require in writing that the Contractor remove from the Work any of Contractor's personnel that the Project Manager determines to be incompetent, careless or otherwise objectionable. No claims for an increase in Contract Amount or Contract Time based on the Project Manager's use of this provision will be valid. Contractor shall indemnify and hold the County harmless from and against any claim by Contractor's personnel on account of the use of this provision. Labor, Materials and Equipment - The Contractor will provide competent, suitable, qualified personnel to lay out the Work and perform construction as required by the Contract Documents. He will at all times maintain good discipline and order at the site. The Contractor will furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. All materials and equipment will be new except as otherwise provided in the Contract Documents. If required by the Project Manager, the Contractor will furnish satisfactory evidence as to the kind and quality of materials and equipment furnished. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors except as otherwise provided in the Contract Documents. Emergencies - In emergencies affecting the safety of persons, the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Project Manager, is obligated to act at his discretion to prevent threatened damage, injury or loss. He will give the Project Manager prompt written notice of any significant changes in the Work covered by a Delivery Order, or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If the Contractor believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract price or an extension of the Contract Time, he may make a claim therefore. Shop Drawing And Samples - After checking and verifying all field measurements, the Contractor will submit to the Project Manager for acceptance in accordance with the accepted schedule of Shop Drawing submission - five copies (or at the Project Manager's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the Contractor and identified as the Project Manager may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction and the like to enable the Project Manager to review the information as required. F-12 Substitute Materials or Equipment - If it is indicated in the Specifications that the Contractor may furnish or use a substitute that is equal to any material or equipment specified, and if the Contractor wishes to furnish or use a proposed substitute, he will within fifteen (15) days after the award of the Contract make written application to the Project Manager for acceptance of such a substitute, certifying in writing that the proposed substitute will perform adequately the duties imposed by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as the specified. The application will include sufficient information to allow the Project Manager to evaluate the substitutions. The application will state the extent, if any, to which the review, acceptance, furnishing and installation of the proposed substitute will prejudice Contractor's completion of the Work within the Contract Time(s). If the cost of the review of the substitution is greater than that of the originally specified item, the Contractor will reimburse the County for all costs. County may require Contractor to furnish at Contractor's expense a special performance guarantee or other Surety with respect to any substitute. The benefit of lower cost items shall be shared between the County and Contractor as specified in the Instructions to Bidders. No substitute shall be ordered or installed without the written acceptance of the Project Manager who shall be the sole judge of acceptability. Concerning Subcontractors - The Contractor will not employ any Subcontractor, other person or organization against whom the County or the Project Manager may have reasonable objections, nor will the Contractor be required to employ any Subcontractor against whom he has reasonable objection. The Contractor will not make any substitution for any Subcontractor who has been accepted by the Project Manager, unless the County and the Project Manager determine that there is good caused for doing so. The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that they are employed by him. Nothing in the Contract documents shall create, nor shall it be interpreted to create, privity or any other contractual relationship whatsoever between any Subcontractor and the County, or any person or business entity except the Contractor, or any obligation on the part of the County to pay or to see to the payment of any monies due any Subcontractor, except as may otherwise be required by law. The County may furnish to any Subcontractor, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done. The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract documents for the benefit of the County. F-13 All Work performed for the Contractor by the Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance held by the County as trustee. The Contractor will pay each Subcontractor a share of any insurance monies received by the Contractor under this insurance. Patent Fees And Royalties - The Contractor will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. Utilities - The Contractor will pay all public utility charges except as provided for in the Contract documents. Laws And Regulations - The Contractor will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the Specifications or Drawings are at variance therewith, he will give the Project Manager prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations and without such notice to the Project Manager, he will bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Drawing and Specifications are in accordance with such laws, ordinances, rules and regulations. Use Of Premises - The Contractor will confine his equipment, the storage of materials and equipment, and the operations of his workmen to the areas permitted by law, ordinances, permits or the requirements of the Contract Documents and shall not unreasonably encumber the premises with materials or equipment. The Contractor shall confine the operation of workmen and equipment, and the storage of materials and equipment to the County's property at the project site. In the event the Contractor desires to have access to the project site, or perform work or operations pertaining to the Contract on, over or from non-County property adjacent to the project site, the Contractor shall obtain written authorization to do so from the respective adjacent property owner(s) prior to using such property. Such written authorization shall include a provision whereby the property owner agrees to hold the County harmless, and to defend the County, in the event of any liability, loss, injury, or claim incurred as a result of the Contractors work or operations involving the use of the adjacent non-County property. The County shall be provided with a notarized, certified copy of such written authorization(s) before the Contractor commences work or operations or use of such property in connection with work or operations pursuant to this Contract. Safety And Protection - The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. He will take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to: F-14 A. All employees on the site and other persons who may be affected thereby; B. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and C. Other property at the site or adjacent thereto including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He will erect and maintain, as required by the conditions and the progress of the Work, all necessary safeguards for safety and protection and, in addition, he will comply with all applicable recommendations of the Manual of Accident Prevention in Construction of the Associated General Contractors of America, Inc., and the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and subsequent revisions and addenda as published by the U.S. Department of Transportation, Federal Highway Administration and adopted by the Florida Department of Transportation. He will notify owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury or loss to any property or all damage, disruption, discontinuance or other loss to any utility system or roadways referred to in Paragraph B. and C. caused directly or indirectly, in whole or in part by the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable will be remedied by the Contractor; except damage or loss attributable to the fault of the Drawings or the Specifications or to the acts or omissions of the County, and not attributable, directly or indirectly, in whole or in part, to the fault of negligence of the Contractor. The Contractor must also comply with the guidelines set forth in the Orange County Safety & Health Manual. The manual can be accessed online at the address below: http://www.orangecountyfl.netNendorServices/OrangeCountySafetyandHealthManu al.aspx The Contractor will designate a responsible member of his organization whose duty shall be the prevention of accidents at the site. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Project Manager. Emergencies — In emergencies affecting the safety of persons, the Work of property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Project Manager, is obligated to act at his discretion to prevent threatened damage, injury or loss. He will give the Project Manager prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If the Contractor believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Amount or an extension of the Contract Time, he may make a claim therefore as provides in Articles 12 and 13. Cleaning Up - The Contractor will keep the site free from accumulations of waste materials, rubbish and other debris resulting from the Work; at the completion of the Work he will remove all waste materials, rubbish and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and will leave the site clean and ready for occupancy by the County. The Contractor will restore to their original condition those portions of the site not designated for alteration by the Delivery Order. F-15 ARTICLE 9 —WORK BY OTHERS AND UTILITY COORDINATION Work by Others — The County may perform additional work related to the project by itself, or it may let other direct contracts which shall contain general conditions similar to these. The Contractor will afford the other contractors who are parties to such direct contracts (or the County, if it is performing the additional work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs. Should the contract entail relocation of facilities not a part of this Contract, the Contractor will coordinate and cooperate with the applicable entity responsible for this portion of the work. If any part of the Contractor's Work depends (for proper execution of results) upon work of any such other Contractor (or the County), the Contractor will inspect and promptly report to the Project Manager in writing any defects, deficiencies or delays in such work that render it unsuitable for such proper execution and results. The Contractor's failure to report shall constitute an acceptance of the other work, except as to defects, deficiencies and delays which may appear in the other work after the execution of the work. The Contractor will do all cutting, fitting and patching of his Work that may be required to make its several parts come together properly, and fit it to receive or be received by such other work. The Contractor will not endanger any work of others by cutting, excavating or otherwise altering such other work and will only cut or alter such other work with the written consent of the Project Manager. If the performance of additional work by other Contractors or the County is not noted in the contract documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the County or others involves him in additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Article 13. Utility Coordination — Section 337.401 (1), Florida Statutes and other applicable law allows utility owners to install and maintain along, above, under, across or on any road or right-of-way any electric transmission or distribution facilities, telephone, telegraph, pole lines, poles, railway structures, ditches, sewers, water, heat, gas mains, pipelines, fences, gasoline tanks and pumps, waterlines, gas lines, wire lines, utility service connections, water and gas meter boxes, valve boxes, light standards, cable lines, cable ways, signals, signal boxes, and all other utility installations, improvements and utility appurtenances to be installed and maintained in the right-of-way. The Contractor understands and agrees that the lands upon which the Work is to be performed consists of prior existing right-of-way, as well as, recently acquired right-of- way. The Contractor acknowledges and agrees that utility installations and appurtenances are located within the limits of the planned construction Work. The utility installations and appurtenances may be in conflict with the Contractor's Work or require relocation or adjustments. All utility conflict resolutions, relocations, or adjustments are to be moved by the utility owners at their expense, unless otherwise provided in the Contract documents. F-16 The Contractor, by submission of a bid, agrees that prior to bid he has studied, performed field inspections, and evaluated all potential utility conflicts, the locations of permanent and temporary utility appurtenances in their present and relocated positions as may be shown on the plans. The Contractor acknowledges and agrees that the Contractor's bid has considered all potential utility conflicts, the locations of permanent and temporary utility appurtenances in their present and relocated positions including those shown on the plans, not shown on the plans, and those identified during the Contractor's pre-bid study or that should have been identified during the Contractor's field inspections, and evaluation of the limits of the planned construction Work. The design Professional may show surface or subsurface utility conflicts, relocations, or adjustments in the drawings and plans. The surface and subsurface utility information shown in the drawings and plans was obtained and used by the design Professional to establish design criteria for the design plans. The accuracy as to location and the identification of all surface or subsurface utility information is not warranted or guaranteed and is not to be construed as part of the construction plans governing the construction Work. The Contractor shall solely make his own determinations as to surface and subsurface conditions. The Contractor shall be solely responsible for utility coordination including all utility conflict resolutions, relocations, and adjustments. The concept of"utility coordination" means that the Contractor shall, at a minimum: A. Investigate both subsurface and aboveground conditions to identify potential conflicts far enough in advance of his planned construction operations to allow the Contractor to coordinate with utility owners and responsible parties any necessary conflict resolutions, relocations, or adjustments such that they can occur without delay to the Contractor's operations and Progress Schedule. B. Conduct regularly scheduled Utility Coordination Meetings with all affected utilities, and shall maintain detailed minutes of the discussions. C. Contact all utility owners in advance of any needed conflict resolutions, relocations, or adjustments. D. Contact the Project Manager as to all Contractor scheduled utility conflict resolutions, relocations, or adjustments. E. Schedule all work to be performed by the utility owners related to utility conflict resolutions, relocations, or adjustments. F. Schedule all work to be performed by the utility owners so as not to delay or disrupt in any way the Contractor's own performance of the Contractor's Performance Schedule. G. Assure the proper connection of the Contractor's Work with the work of the utility owners. F-17 H. Assure that the schedule, contacts, and proper connections between the Contractor's Work and the utility owner's work harmonize the work of both in a common action to achieve resolution of utility conflicts, relocations, and adjustments. I. Contractor shall, at no cost to the County, adjust the project schedule to allow the work to proceed in such a manner that delays to the progress of the work are minimized. As discussed more fully in Article 18, delays to the Contractor's Progress Schedule resulting from the resolution of utility conflicts, relocations, and adjustments to utilities will not be considered as the basis for granting a change in Contract Amount or Contract Time. ARTICLE 10 - PROJECT OWNER STATUS DURING CONSTRUCTION The Contractor shall provide the following information to all subcontractors and suppliers: County's Representatives - The Project Owner shall be the Board of County Commissioners. The Board shall be represented by the Project Manager listed below during the construction period: Manager, Roads & Drainage Division, or designee 4200 S. John Young Parkway, Orlando, FL 32839 Phone: 407-836-7853 Email: michael.baker(a�ocfl.net ARTICLE 11 - CHANGES IN THE WORK Without invalidating the Contract, the County may at any time or from time to time by written order or directive have additions, deletions or revisions made to the Contract or as specified in individual Delivery Orders; authorized by Change Orders. Upon receipt of a written Change Order, the Contractor will proceed with the change in the Work so ordered or directed. In the event the County issues the Contractor a written order or directive to change the Work and if the County and the Contractor do not arrive at a mutually acceptable increase or decrease in the Delivery Order price at the time the written order or directive is issued, the Contractor shall not use such lack of mutual acceptance as a basis or cause to stop or otherwise delay the progress or completion of any of the work ordered, directed or required pursuant to the Delivery Order. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Delivery Order price or any extension or shortening of the Delivery Order completion time, an equitable adjustment will be made as provided in Article 12 or Article 13. Additional Work performed by the Contractor without authorization of a Change Order will not entitle him to an increase in the Delivery Order price or any extension of the completion time of a Delivery Order, except in the case of an emergency as provided in Article 8. F-18 If a Payment Bond and a Performance Bond has been required, it is the Contractor's responsibility to notify his Surety of any changes affecting the general scope of the Work or change of the Contract Price and the amount of the applicable Bonds shall be adjusted accordingly and an amended bond document furnished to the County. ARTICLE 12 -CHANGE OF CONTRACT PRICE/DELIVERY ORDER The amount specified on individual Delivery Orders constitutes the total compensation payable to the Contractor for performing the specified Work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price. The Delivery Order price may only be changed by written Change Order issued by the County. To be eligible for consideration by the County, any claim for an increase in the Delivery Order Price shall be in writing and delivered to the Project Manager within fifteen (15) days of the occurrence of the event giving rise to the claim. All claims for adjustment in the Delivery Order Price shall be determined by the Project Manager. Any change in the Delivery Order Price or Contract Price shall be incorporated in a Change Order. However, no claim for an adjustment to the Delivery Order Price or Contract Amount will be considered for unforeseeable causes that were beyond the fault of negligence of the Contractor or his Subcontractors or supplier, such as acts of God, floods, riots, etc. This restriction does not restrict submission of claims for additional Completion Time due to events of this nature. In the event the value of any Work covered by a Change Order is not mutually agreed to by the County and the Contractor prior to the County issuing the Contractor a written order or directive to proceed with the changed Work, then the County, without the Change Order document being executed by the Contractor, shall not be prevented from issuing the Change Order, nor shall the Contractor fail to proceed without delay with the changed Work as ordered or directed by the County. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Delivery Order Price shall be determined by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. The amount of credit to be allowed by the Contractor to the County for any such change which results in a net decrease in cost, will be the amount of the actual net decrease as determined by the County. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net decrease, if any. Cash Allowances - It is understood that the Contractor has included in the Contract Price any allowances so named in the Contract Documents and shall cause the Work so covered to be done by such material men, suppliers or Subcontractors and for such sums within the limit of the allowances as the County may approve. Prior to final payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. The Contractor agrees that the original Contract Price includes such sums as he deems proper for cost and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be allowed. F-19 ARTICLE 13 - CHANGE OF CONTRACT PERFORMANCE PERIOD The Contract Performance Period or the Completion Time of any Delivery Order may only be changed by a written Change Order. Any claim for an extension in the Completion Time to be eligible for consideration shall be in writing and delivered to the Project Manager within five (5) days of the occurrence of the event giving rise to the claim. All claims for adjustment in the Completion Time shall be determined by the Project Manager. Any change in the Completion Time resulting from any such claim shall be incorporated in a Change Order. The Contract may be extended in an amount equal to time lost due to delays beyond the control of the Contractor if he makes a claim therefor. Such delays shall include, but not be restricted to, acts or neglect by any separate Contractor employed by the County; fires; floods; labor disputes; epidemics or acts of God. All time limits stated in the Delivery Order are of the essence to the Contract. In the event the Contractor submits a written claim requesting an extension in the Completion Time, whether such request relates to the County's issuance of a Change Order or for delays beyond the control of the Contractor, the Contractor shall submit with the claim supporting data, information, etc., indicating why the Completion Time cannot be met or maintained. The fact that the Work has been changed by a change order, or that a delay has occurred beyond the control of the Contractor, shall not of or by itself be considered as justification for an extension in the Completion Time unless or until it is established by the Contractor and approved by the County that the established Completion Time is insufficient for the Contractor to perform or complete the Work required by the Delivery Order. ARTICLE 14 - WARRANTY AND GUARANTEE: ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee -The Contractor warrants and guarantees to the County that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality, free from faults or defects and in accordance with the requirements of the Contract Documents and any inspections, test or approvals referred to in this Article. All unsatisfactory Work; all faulty Work; and all Work not conforming to the requirements of the Contract Documents or such inspections, tests or approvals shall be considered defective. Prompt notice of all defects shall be given to the Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article. All warranty and guarantee coverage periods shall commence from the date of acceptance of the Work under a Delivery Order, regardless of the date of installation of Work, except for items which are determined by the County to be in an incomplete or a non-comply status at the time of substantial completion of the Work. The coverage commencement date for warranties and guarantees of such non-comply items shall be the date of the County's acceptance of non-comply items regardless of the date of installation of the Work. The coverage commencement date of warranties and guarantees shall, in accordance with the provisions stated above, be entered on each warranty or guarantee document. However, in the event the coverage commencement date entered on the warranty or guarantee document is not in accordance with the provisions stated above, the coverage commencement date shall none-the-less be the date determined by applying the provisions stated above. F-20 Tests and Inspections - If the Contract Documents, laws, ordinances, rules, regulations or order of any public authority having jurisdiction over the permitting, construction, use occupancy, activation or operation of the project require any Work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Project Manager timely notice of readiness therefor. The Contractor will furnish the Project Manager with the required certificates of inspection, testing or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing Materials or such other applicable organizations as may be required by law or the Contract Documents. If any such Work required to be inspected, tested or approved is covered without written approval of the Project Manager, it must if requested by the Project Manager be uncovered for observation at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided. Neither observations by the Contractor nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the requirements of the Contract Documents. Access To The Work - The Project Manager and his representative, other representatives of the County and representatives of all Agencies having jurisdiction over the permitting, construction, occupancy, use, activation and operation of the Work will at all times have access to the Work. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection or testing thereof by others. Uncovering Work - If any Work is covered contrary to the request of the Project Manager or contrary to the requirements of the Contract documents and applicable standards, it must, if requested by the Project Manager, be uncovered for observation and replaced at the Contractor's expense. If the Project Manager considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Project Manager's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, the Contractor will bear all the expense of such uncovering, exposure, observation, inspection and testing, and of satisfactory reconstruction. If, however, such Work is not found to be defective, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and re-construction, if he makes a claim therefor as provided in Articles 12 and 13. Notice to Cure - If the County determines the Work performed pursuant to issuance of a Delivery Order is defective or deficient; if the Contractor fails to supply sufficient skilled workers or suitable materials or equipment; if the Contractor fails to make prompt payments to Subcontractors for labor, materials or equipment; if the work is not progressing in a safe, orderly or well coordinated manner; or if the general progress and/or quality of the work is not adequate to ensure continuation or completion of the work in accordance with the Contract completion time requirements, F-21 then the Procurement Division Manager may issue a notice to cure, giving the Contractor a specific period of time (1) in which to submit to the Project Manager a written Plan of Action including a schedule setting forth a plan by which the deficiencies will be corrected, and (2) a specific period of time in which to correct the deficiencies. If the Contractor does not submit a Plan of Action to indicate how and when the deficiencies indicated in the notice to cure will be cured within the specified time frame that is acceptable to the Project Manager, and if those deficiencies are not corrected within that time frame, then the County may take further action, up to and including Contract termination. The Contractor shall not be entitled to any delay claims as a result of the County's issuance of the notice to cure. Correction or Removal Of Defective Work - If required by the Project Manager prior to approval payment on a Delivery Order, the Contractor will, promptly, without cost to the County and as specified by the Project Manager, either correct any defective Work whether or not fabricated, installed or completed or, if the Work has been rejected by the Project Manager, remove it from the site and replace it with non-defective Work. If the Contractor does not correct such defective Work or remove and replace such rejected Work within a reasonable time, or as specified in a written notice from the Project Manager, the County may have the deficiency corrected or the rejected Work removed and replaced. All direct and indirect costs of such correction or removal and replacement shall be paid by the Contractor. The Contractor will also bear the expense of making good all Work of others destroyed or damaged by this correction, removal or replacement of his defective Work. One (1) year Correction Period - If, after the approval of payment and prior to the expiration of one (1) year after the date of Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work under a Delivery Order is found to be defective; the Contractor will promptly without cost to the County and in accordance with the Project Manager's written instructions, either correct such defective Work or, if it has been rejected by the Project Manager, remove it from the site and replace it with non-defective Work. If the Contractor does not promptly comply with the terms of such instructions, the Project Manager may have the defective work corrected or the rejected Work removed and replaced; all direct and indirect costs of such removal and replacement will be paid by the Contractor. Acceptance Of Defective Work - If, instead of requiring correction or removal and replacement of defective Work, the Project Manager prefers to accept it, then he may do so. In such case, if found that acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the Delivery Order including an appropriate reduction in the price of the order. If the acceptance occurs after approval of final payment, an appropriate amount shall be paid by the Contractor to the County. Neglected Work By Contractor - If the Contractor should neglect to prosecute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, the County may, after three (3) days written notice to the Contractor and without prejudice to any other remedy it may have, make good such deficiency and the cost thereof shall be charged against the Contractor. F-22 A Change Order shall be issued incorporating the necessary revision in the Contract documents including an appropriate reduction in the Contract Price. If the payments then or therefore due the Contractor are not sufficient to cover such amount, the Contractor will pay the difference to the County. ARTICLE 15 -WARRANTY AND PAYMENT Contractor's Warranty Of Title - The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an invoice, whether incorporated in the Work or not, will have passed to the County prior to issuance of the invoice, free and clear of all liens, claims, security interests and encumbrances; and that no Work, materials or equipment covered by an invoice will have been acquired by the Contractor or by any other person performing the Work at the site or furnishing materials and equipment for the Work subject to an agreement under which as interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. Application of Payments—Applications for payments shall be processed in accordance with Florida Statute 218.735, Part VII, "Local Government Prompt Payment Act". The Project Manager shall provide written notice to the Contractor identifying the name, address, phone number and email address of the agent or employee the Contractor is required to submit payment requests or invoices to. This notice will be provided no later than ten (10) days after issuance of the Notice to Proceed. Based upon Applications for Payment submitted to the Project Manager by the Contractor and Certificates for Payment issued by the Project Manager the County shall make progress payments on account of the Contract Amount to the Contractor as provided in the Contract Documents as follows: If the Project Manager determines that progress payments are applicable to individual delivery orders then in the timeframes outlined in FS 218.735, Section 2, ninety five percent (95%) of the portion of the Contract Amount properly allocable to labor, materials and equipment incorporated in the Work and ninety five percent (95%) of the portion of the Contract Amount properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the application for payment, less the aggregate of previous payments made by the Owner. The Project Manager, shall reduce the retainage percentage withheld to 2% when the completion of the Work ascertained as payable exceeds fifty percent (50%) of the total contract amount. Upon Final completion of the entire Work covered by a delivery order, a sum sufficient to increase the total payments to one hundred percent (100%) of the Contract Amount, less such amounts as the Owner shall determine for all incomplete work and unsettled claims as provided in the Contract Documents. Upon Final Completion of a Delivery Order, one hundred percent (100%) of the order amount, less such amounts as the County shall determine for all incomplete work and unsettled claims as provided in the Contract Documents, shall be paid. F-23 Approval of Payments -The Project Manager will, within twenty (20) business days after receipt of each application for payment, either indicate his approval of payment or return the Application to the Contractor indicating in writing the reason for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and re-submit the Application. The County will pay the Contractor the amount approved within the time frame set forth in the Local Government Prompt Payment Act. In the event the Contractor and the Project Manager do not achieve mutual agreement on the basis or amount of the payment, and should the Contractor be unwilling to make the necessary corrections or modifications, and re-submit the Application, then the County, to avoid delay in paying the Contractor the amount the County has determined the Contractor is entitled to receive, shall approve and process the Application by making such adjustments thereto as the County deems appropriate so that the Contractor receives, without delay, payment of the amount the County has determined to have been earned and owing to the Contractor. In the event a dispute arises involving payments or invoices that have been rejected by the Project Manager and resubmitted by the Contractor and that cannot be resolved in accordance with F.S. 218.735 (3), the Orange County Payment/Invoice Disputes Resolution Process Procedures shall be used to resolve the dispute. The procedures can be obtained by contacting the Procurement Division at 407-836-5635. The Project Manager's approval of any payment requested in an application for payment shall constitute a representation by him to the County, based on the Project Manager's on-site observations of the Work in progress and on his review of the application for payment and the supporting data, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in his approval); and that the Contractor is entitled to payment of the amount approved. However, by approving any such payment, the Project Manager shall not thereby be deemed to have represented that he made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, that he has reviewed the means, methods, techniques, sequences and procedures of construction nor that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys paid or to be paid to him on account of the Contract Amount. The Contractor may, at the discretion of the County's Project Manager, be required to have applications for Progress Payments accompanied by Consent of Surety to Partial Payment. However, if there are no payment or performance bonds required, the County's Project Manager may require applications for Progress Payments accompanied by legally effective partial releases or waivers of liens executed by all Subcontractors which performed services and suppliers of material or equipment for the Contractor for services or supplies which were included in the previous Application for Progress Payment. The Contractor shall include the following certification on each Application for Progress Payments and the Application for Final Payment: F-24 "The undersigned Contractor certifies that the work covered by this application for payment has been done, or completed in accordance with the Contract documents, that all amounts have been paid by Contractor for work, supplies, material or equipment for which previous Certificates for Payment were issued and that the current payment shown herein is now due". The Project Manager's approval of final payment shall constitute an additional representation by him to the County that the conditions precedent to the Contractor's belief being entitled to final payment as set forth in this Article have been fulfilled. The Project Manager may refuse to approve the whole or any part of any payment if in his opinion he is unable to make such representations to the County. He may then refuse to approve any such payment because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect the County from loss because: A. The Work is defective; B. Claims have been filed or there is reasonable evidence indicating the probable filing thereof; C. The Contract Amount has been reduced because of Change Order(s); D. The County has been required to correct defective Work or complete the Work in accordance with Article 14; or E. Of unsatisfactory prosecution of the Work, including failure to clean up as required by Article 8. Inspection - Upon written notice from the Contractor that all the Work is complete including the previously listed deficiencies and that the Work is complete in all respects, the Project Manager will make an inspection with the Contractor. The Project Manager will issue a single punch list of items to be completed or corrected by the Contractor. The punch list must specify a date, not to exceed five (5) days after the punch list has been developed and reviewed, in which the delivery of the punch list to the Contractor must be made. Items not included on the punch list cannot be used as a basis to withhold final payment for retainage. In addition, the final contract completion date shall be at least thirty (30) days after the delivery of the punch list to the Contractor. Punch lists not provided to the Contractor by the date agreed upon for delivery will cause the contract time for completion to be extended by the number of days the local government exceeded the delivery date. Damages may only be assessed against the Contractor in the event the Contractor fails to complete the project within the contract period as was extended by the guidelines set forth in this provision. The final undisputed retainage payment, if any, must be made within twenty (20) business days after receipt of a proper payment request. This would be less any amount withheld in accordance with contract provisions for incomplete or uncorrected work unless otherwise provided for by written notice to the Contractor specifying the failure of the Contractor to meet contract requirements in the development of the punch list. F-25 Inspection For Final Payment -After the Contractor has completed any such corrections to the satisfaction of the Project Manager and delivered all documents as required by the Contract Documents, he may submit an invoice, following the procedure for payment. For contracts that require Payment and Performance Bonds the Contractor may at the discretion of the Project Manager have the final application for payment for each delivery order be accompanied by legally effective final release or waiver of lien from the Contractor and the consent of Surety to final payment. The Final Release of Lien, Form E- 12, must be utilized in all Final Pay Applications. For contracts not requiring bonds the Contractor may at the discretion of the Project Manager have the final application for payment for each delivery order be accompanied by legally effective final releases or waivers of liens from the Contractor and all Subcontractors that performed services for the Contractor and all suppliers of material and/or equipment to the Contractor. The Final Release of Lien, Form E-12, must be utilized in all Final Pay Applications. Contractor's Continuing Obligation - The Contractor's obligation to complete the Work in accordance with the Contract Documents shall be absolute. Neither approval of any invoice by the County, any payment by the County to the Contractor under the Contract Documents, any use or occupancy of the Work or any part thereof by the County, any act of acceptance by the County, any failure to do so, nor any correction of defective Work by the County shall constitute an acceptance of Work not in accordance with the Contract Documents. Waiver Of Claims -The making and acceptance of payment shall constitute: A. A waiver of all claims by the County against the Contractor other than those arising from unsettled liens, from non-conforming, non-complying, deficient, incomplete or defective Work appearing after final payment or from failure to comply with the requirements of the Contract Documents, or from the terms of any special guarantees specified therein, and, B. A waiver of all claims by the Contractor against the County other than those previously made in writing and still unsettled. ARTICLE 16 -SUSPENSION OF WORK AND TERMINATION County May Suspend Work - The County may at, any time and without cause, suspend the Work or any portion thereof by notice in writing to the Contractor. The Project Manager shall fix the date on which Work shall be resumed and the Contractor will resume the Work on the date so fixed. For unreasonable delays, the Contractor may be allowed an increase in the Delivery Order Price, an extension of the completion time specified in the Delivery Order, or both, if directly attributable to any suspension and if he makes a claim therefore as provided in Articles 12 and 13. However, no profits will be allowed on claims for suspended work. Also, during any period of suspension, the Contractor shall take all available measures to mitigate costs such as taking on new Work, reassigning resources to other Contracts, etc. F-26 Termination for Default- If the Contractor is adjudged bankrupt or insolvent; if he makes a general assignment for the benefit of his creditors without County approval; if a trustee or receiver is appointed for the Contractor or for any of his property; if he files a petition to take advantage of any debtor's act or to reorganize under the bankruptcy or similar laws; if he fails to prosecute and complete the work in accordance with the established project schedule or within the Contract time period; if he repeatedly fails to supply sufficient skilled workers or suitable materials or equipment; if he repeatedly fails to make prompt payment to Subcontractors for labor, materials or equipment; if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction; if he disregards the authority of the Project Manager; or if he otherwise substantially violates any provisions of the Contract Documents, then the County may, without prejudice to any other right or remedy and after giving the Contractor and his Surety seven (7) days written notice, terminate the contract for default and assign the completion of the Work to the Surety or take possession of the Work and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the Work by whatever method it may deem expedient. Prior to termination for default, the County will provide adequate written notice to the (vendor/contractor/consultant) through the Manager, Procurement Division, affording him/her the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days (or the period specified in the notice) after receipt of the notice. Failure to adequately cure the deficiency shall result in termination action. Such termination may also result in suspension or debarment of the Contractor in accordance with the County's Procurement Ordinance. The contractor and its surety shall be liable for any damage to the County resulting from the Contractor's default of the contract. This liability includes any increased costs incurred by the County in completing contract performance. If the amount of the Delivery Order exceeds the direct and indirect cost of the County completing the Project, such excess shall be paid to the Contractor. If such cost exceeds such unpaid balance, the Contractor will pay the difference to the County. Such cost incurred by the County will be determined by the County and incorporated in a Change Order. In the event of termination by the County for any cause, the contractor will not have, under any circumstance, any claim against the County for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the County the vendor shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work, and other materials related to the terminated work as directed by the County. D. Continue and complete all parts of that work that have not been terminated. If the contractor's failure to perform the contract arises from causes beyond the control and without the fault or negligence of the (vendor/contractor/consultant), the contract shall not be terminated for default. Examples of such causes include (1) acts of God or the public enemy, (2) acts of a government in its sovereign capacity, (3) fires, (4) floods, (5) epidemics, (6) strikes and (7) unusually severe weather. F-27 Where the Contractor's services have been so terminated by the County, said termination shall not affect any rights of the County against the Contractor then existing or which may thereafter accrue. Any payment of monies by the County due the Contractor will not release the Contractor from liability. Termination for Convenience: Upon seven (7) days written notice to the Contractor and the Surety, or sooner if reasonable under the circumstances, the County may, without cause and without prejudice to any other right or remedy, elect to terminate any part of the Work, or the Contract in whole or in part, as the County may deem appropriate. In any termination for convenience, the Contractor shall be paid for Work completed by the Contractor, Subcontractors and suppliers at the time of termination provided the Work has been inspected and accepted by the County. However, the payment to the Contractor will exclude any and all anticipated supplemental costs, administrative expenses and profit for uncompleted Work. Upon termination for convenience, the County shall have full power and authority to take possession of the Work, assume any subcontracts with Subcontractors and suppliers that the County selects, and prosecute the Work to completion by Contract or as the County may deem expedient. A termination for convenience may apply to individual delivery orders, purchase orders or to the contract in its entirety. Authority to Terminate: The authority to terminate this Contract including all notices thereto is the sole responsibility of the Manager, Procurement Division. ARTICLE 17—VERBAL ORDERS The Project Manager under the following conditions may issue verbal Change Orders to the Delivery Order: A. To address bona fide emergency requirements. B. To ensure the continuity of critical elements of contract performance. Any such verbal direction shall be confirmed in writing by the Project Manager to the contractor within five (5) calendar days after issuance. Concurrently, a copy of the written direction shall be provided to the Manager, Procurement Division with documentation in the form of an emergency justification for the action taken. A formal Change Order and associated Contract amendment, if applicable, will be negotiated in conjunction with the Procurement Division and shall succeed the written confirmation not later than thirty (30) calendar days after issuance of the verbal direction. Board approval, as applicable, shall be obtained. ARTICLE 18 - MAINTENANCE AND EXAMINATION OF RECORDS The Contractor shall keep adequate records and supporting documents applicable to this Contract. Said records and documentation shall be retained by the Contractor for a minimum of five (5) years after the date of final payment on this contract. F-28 If any litigation, claim or audit is commenced prior to the expiration of the five (5) year period, the records shall be maintained until all litigation, claims or audit findings involving the records have been resolved. If applicable, time records and cost data shall be maintained in accordance with generally accepted accounting principles. This includes full disclosure of all transactions associated with the contract. Contractor's "records and supporting documents" as referred to in this Contract shall include any and all information, materials and data of every kind and character, including without limitation, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, invoices, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in the County's judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract document. Such records and documents shall include (hard copy, as well as computer readable data; written policies and procedures; time sheets; payroll registers; cancelled checks; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); original estimates; estimating worksheets; correspondence; change order files (including pricing data used to price change proposals and documentation covering negotiated settlements); back-charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; and any other contractor records which may have a bearing on matters of interest to the County in connection with the Contractor's dealings with the County (all foregoing hereinafter referred to as "records and supporting documents") to the extent necessary to adequately permit evaluation and verification of: a) Contractor compliance with contract requirements; or b) Compliance with provisions for pricing change orders; or c) Compliance with provisions for pricing invoices; or d) Compliance with provisions regarding pricing of claims submitted by the Contractor or his payees; or e) Compliance with the County's business ethics; or f) Compliance with applicable state statutes and County Ordinances and regulations. Records and documents subject to audit shall also include those records and documents necessary to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with this Contract. In those situations where Contractor's records have been generated from computerized data (whether mainframe, mini-computer, or PC based computer systems), Contractor agrees to provide the County's representatives with extracts of data files in computer readable format on data disks or suitable alternative computer exchange formats. The County and its authorized agents shall have the right to audit, inspect and copy records and documentation as often as the County deems necessary throughout the term of this contract and for a period of five (5) years after final payment. Such activity shall be conducted during normal business hours. F-29 The County, or any of its duly authorized representatives, shall have access within forty- eight (48) hours to such books, records, documents, and other evidence for inspection, audit and copying. The County, during the period of time defined by the preceding paragraph, shall have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Contractor as concerns the aforesaid records and documentation. Records and documents shall be made accessible at the Contractor's local place of business. If the records are unavailable locally, it shall be the Contractor's responsibility to insure that all required records are provided at the Contractor's expense including payment of travel and maintenance costs incurred by the County's authorized representatives or designees in accessing records maintained out of the county. The direct costs of copying records, excluding any overhead cost, shall be at the County's expense. Contractor shall require all payees (examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this article by including the requirements hereof in a written contract agreement between contractor and payee. Such requirements include a flow-down right of audit provisions in contracts with payees, which shall also apply to Subcontractors and Sub-subcontractors, material suppliers, etc. Contractor shall cooperate fully and shall cause all aforementioned parties and all of Contractor's subcontractors (including those entering into lump sum subcontracts and lump sum major material purchase orders) to cooperate fully in furnishing or in making available to the County from time to time whenever requested in an expeditious manner any and all such records, documents, information, materials and data. The County's authorized representatives or designees shall have reasonable access to the Contractor's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Contract and shall have adequate and appropriate work space, in order to conduct audits in compliance with this article. Even after a change order proposal has been approved, Contractor agrees that if the County later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of the contract regarding pricing of change orders, then an appropriate contract price reduction will be made. Such post-approval contract price adjustment will apply to all levels of contractors and/or subcontractors and to all types of change order proposals specifically including lump sum change orders, unit price change orders, and cost-plus change orders. If an audit inspection or examination by the County, or its designee, in accordance with this article discloses overpricing or overcharges (of any nature) by the Contractor to the County in excess of one-half of one percent (.5%) of the total contract billings, the reasonable actual cost of the County's audit shall be reimbursed to the County by the Contractor. Any adjustments and /or payments that must be made as a result of any such audit or inspection of the contractor's invoices and /or records and supporting documents shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the County's findings to the Contractor. F-30 ARTICLE 19 - FEDERAL REQUIREMENTS In the event this Contract is paid in whole or in part from any federal governmental agency or source, the specific terms, regulations and requirements governing the disbursement of these funds shall be specified herein and become a part of this clause. All Contracts in excess of one hundred and fifty thousand dollars ($150,000.00) shall comply with all the requirements of Section 114 of the Clean Air Act (42 USC 7401 et seq.) as amended and Section 308 of the Federal Water Pollution Control Act (33 USC 1251 et seq.) as amended. ARTICLE 20 - MINORITY/WOMEN OWNED BUSINESS ENTERPRISE REQUIREMENTS AND SMALL BUSINESS PROVISIONS The Contractor will comply with all requirements of Orange County's Minority/Women Owned Business Enterprise Ordinance No. 94-01, as amended by Ordinance No. 2009- 21. In summary, the ordinances establish a goal of 25% of the County's annual monetary value of contracts be awarded to minority/women owned business enterprises meeting Contract specifications. The goals for work force employment levels are 18% minority and 6% women. Other provisions of the Ordinance as it pertains to construction projects may be found in Part C of this document. To facilitate monitoring for compliance with the Ordinance, the Contractor must: A. Provide to the County's Business Development Division Liaison all subcontracts and/or purchase orders, fully executed by both parties, with each Subcontractor and supplier listed on Attachment C-2 in the Prime Contractor's bid (M/WBE's and non-M/WBE's). The prime Contract will not be executed by the County until these documents are on file in the Business Development Division. Prime Contractor should include in the subcontract / purchase order a statement that makes the legality of the document contingent upon execution of the prime Contract by the County. B. The Contractor must include a Prompt Payment Clause and 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. The Contractor must pay each Subcontractor and supplier for all work covered under an Application for Payment within the 72 hour timeframe. This provision in no way creates any contractual relationship between any Subcontractor and Orange County or any liability on Orange County for the Contractor's failure to make timely payments. The timeliness of such payments may be evaluated by the Business Development Division Liaison in considering compliance with the Ordinance. C. The Contractor must submit: F-31 1) A Monthly Workforce Report (Current Field Employment Data). Contractor shall also ensure that all Subcontractors/suppliers with contracts over $50,000 supply a Monthly Workforce Report; and 2) A Monthly Prime Contractor's Report including M/WBE Utilization Reports. The Contractor shall furnish written documentation evidencing actual dollars paid to each Subcontractor/supplier listed and/or utilized by the Contractor. This will include, but not be limited to: copies of canceled checks, approved invoices, and signed, sworn affidavits certifying the accuracy of payments so that the County may determine actual participation achieved by the Contractor prior to issuance of final payment. The required reports are to be submitted to the Business Development Division Liaison no later than the fifth day of each month beginning one month after the Work begins and to continue until Final Completion of the contract. The Business Development Division Liaison has the authority to delay Contractor's Progress Payments if reports are not submitted in a timely manner. The final Prime Contractor's Report-M/WBE Utilization Report must be signed by the Contractor's authorized agent certifying that all information contained therein is a true and accurate account of M/WBE utilization per the bid and contract documents. Approval of the final Application for Payment is contingent upon receipt of this certification. D. Contractor must not substitute, replace or terminate any M/WBE firm without prior written authorization from the Orange County Business Development Manager, nor must the Contractor reduce the scope of work or monetary value of a subcontract without prior written authorization of the Business Development Manager. All modifications, additions and deletions to any and all Contracts issued to said M/WBE's must also have prior written authorization of the Business Development Manager. E. The Contractor shall expeditiously advise all M/WBE's and the Business Development Division Liaison of all Change Orders, contract modifications, additions and deletions to any and all contracts issued to said M/WBE's. F. Failure of the Contractor to adhere to the provisions of the Ordinance may subject the Contractor to penalties as outlined in Sec. 17-326 of the Ordinance. The penalties include: 1) Liquidated damages up to 10% of the Contract; 2) Suspension or permanent debarment from bidding; 3) Termination of any present contracts; 4) Withholding retainage; 5) A negative evaluation of good-faith effort on future bids; F-32 6) Withholding of payments. ARTICLE 21 -ASBESTOS FREE MATERIALS A. Project is to be constructed with asbestos free materials. A written, notarized statement on company letterhead is to be submitted with the Contract. Payment shall be withheld until such statement is submitted. B. Contractor shall agree that if materials containing asbestos are subsequently discovered at any future time to have been included in the construction performed by the Contractor or any of its Subcontractors or agents and were not specified in the design or required by the Contract document, Contractor shall be liable for all costs related to the abatement of such asbestos and damages or claims against the County. ARTICLE 22 - CONDITION OF MATERIALS AND PACKAGING In instances where the Specifications, (Part H) make this subject applicable (and unless otherwise indicated), all goods and items offered for sale and/or shipped by the Contractor pursuant to the requirements imposed upon said Contractor by this Contract will be new and in first class condition: all related containers being new and suitable for storage and shipment; all prices including the cost of standard commercial packaging. Contractors will be solely responsible for making any and all claims against carriers as concerns missing or damaged items. ARTICLE 23 -NO ASSIGNMENT OF AGREEMENT Contractor may not make any assignment of the contractual agreement between the parties, in whole or in part, without prior written authorization as may be given by the County, at its sole discretion. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without written consent of the party sought to be bound; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. ARTICLE 24 - CONSTRUCTION TERM CONTRACT This is a construction term Contract for the services specified, and effective for the period specified. The quantities provided are estimates only and are not purchased by this Contract. Performance shall be accomplished only as authorized by Delivery Orders issued against the Contract. The County may issue orders requiring performance at the multiple locations. ARTICLE 25 - CONTRACT TERM/RENEWAL The Contract resulting from this solicitation shall commence effective upon execution by both parties and extend for a period of twelve (12) months. F-33 The County may unilaterally renew the Contract for the periods specified on the Bid Proposal Form for twenty-four (24) months. An additional six (6) months extension may also be unilaterally exercised at the County's discretion. Refer to the clauses entitled "Option to Extend the Term of the Contractor' and "Interim Extension of Performance". ARTICLE 26 - OPTION TO EXTEND THE TERM OF THE CONTRACT The County may unilaterally extend the term of this Contract by written notice to the Contractor at least 60 days before the expiration of any Contract term. The exercise of the option shall be for the period specified and for the prices listed on the Bid Proposal Form. All other terms and conditions of the Contract shall apply to the option periods. ARTICLE 27 - INTERIM EXTENSION OF PERFORMANCE After all options have been exercised, and it is determined that interim performance is required to allow for the solicitation and award of a new Contract, the County may unilaterally extend the Contract for a maximum period of six months. Pricing, delivery and all other terms and conditions of the Contract shall apply during this period. The total duration of this Contract, including the exercise of all options, shall not exceed 3.5 years. ARTICLE 28 - MINIMUM/MAXIMUM DELIVERY ORDER AMOUNT The Contractor is not obligated to accept Delivery Orders less than $1,000 or in excess of $500,000. However, if the Contractor accepts any orders outside these parameters, they shall be performed in accordance with all requirements of the Contract. ARTICLE 29 - ISSUANCE AND ADMINISTRATION OF ORDERS Any order issued during the effective period of this Contract not completed within that period shall be completed by the Contractor within the time specified in the order. The Contract shall govern the Contractor's and the County's rights and obligations with respect to that order to the same extent as if the order were completed during the Contract's performance period. ARTICLE 30 -VARIATION IN ESTIMATED QUANTITY If the quantity of a unit priced item in this Contract is an estimated quantity, and the actual quantities ordered exceeds the estimate by 50% or more, then the County may negotiate a lower unit price, which will be incorporated into the Contract by Contract Amendment. Failure of the Contractor to agree to a reduced unit price may result in the termination of the Contract and re-solicitation of the requirement. ARTICLE 31 -MISCELLANEOUS Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual, to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail (postage prepaid) to the last business address known to the County. F-34 Specifications and Drawings, if any, furnished to the Contractor by the County shall remain the County's property, and shall apply to a specified delivery order. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warrants, guarantees and obligations imposed upon the Contractor and the rights and remedies available to the County thereunder shall be in addition to and not a limitation of any otherwise imposed or available by law, by special guarantee or other provisions of the Contract Documents. Should the County or the Contractor suffer injury or damage to its person or property because of any omission or act of the other or of any of his employees, agents or others for whose acts he is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the provisions of this Contract will be held in Orange County, Florida. Venue for any litigation involving this Contract shall be the Ninth Circuit Court in and for Orange County, Florida. ARTICLE 32 — CONTRACT CLAIMS "Claim" as used in this provision means a written demand or written assertion by one of the contracting parties seeking as a matter of right, the payment of a certain sum of money, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. "Claim" as used in this provision applies after failure of the parties to agree to an adjustment as provided in Article 12, Change of Contract Price/Delivery Order and Article 13, Change of Contract Performance Period. Claims made by a Contractor against the County relating to a particular contract shall be submitted to the Procurement Division Manager in writing clearly labeled "Contract Claim" requesting a final decision. The Contractor also shall provide with the claim a certification as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the County is liable; and that I am duly authorized to certify the claim on behalf of the Contractor. Failure to document a claim in this manner shall render the claim null and void. Moreover, no claim shall be accepted after final payment of the contract. The decision of the Procurement Division Manager shall be issued in writing and shall be furnished to the Contractor. The decision shall state the reasons for the decision reached. The Procurement Division Manager shall render the final decision within sixty (60) days after receipt of Contractor's written request for a final decision. F-35 The Procurement Division Manager's decision shall be final and conclusive. The Contractor shall proceed diligently with performance of this contract pending final resolution of any request for relief, claim, appeal or action arising under the contract and shall comply with any final decision rendered by the Manager of the Procurement Division. ARTICLE 33 -VALUE ENGINEERING A. Intent and Objective: This Section applies to any cost reduction proposal (hereinafter referred to as a Value Engineering Change Proposal or VECP) initiated and developed by the CONTRACTOR for the purpose of refining the Contract Documents so as to contribute to design cost effectiveness or significantly improve the quality of the Work. This Section does not, however, apply to any such proposal unless it is identified by the CONTRACTOR, at the time of its submission to the COUNTY, as a proposal submitted pursuant to this Section. VECPs contemplated are those that would result in net savings to the COUNTY by providing either: (A) a decrease in the cost of performance of the Work, or; (B) a reduction in cost of ownership (hereinafter referred to as collateral costs) of the Work, regardless of acquisition costs. VECPs must result in savings without impairing essential functions and characteristics such as safety, service, life, reliability, economy of operation, ease of maintenance, aesthetics and necessary standard design features. However, nothing herein prohibits the submittal of VECPs where the required functions and characteristics could be combined, reduced or eliminated as being nonessential or excessive. Plan errors which are identified by the CONTRACTOR and which result in a cost reduction, will not qualify for submittal as a VECP. The COUNTY reserves the right to reject at its discretion any VECP submitted. Substitution of another design alternate, which is detailed in the Plans, for the one on which the CONTRACTOR bid, will not be allowed under this Section. Pending execution of a formal supplemental Agreement, implementing an approved VECP, the CONTRACTOR shall remain obligated to perform in accordance with the terms of the existing Contract. No time extensions will be granted due to the time required to review a VECP. B. Subcontractors: The CONTRACTOR is encouraged to include the provisions of this Section in contracts with subcontractors. The CONTRACTOR shall encourage submission of VECPs from subcontractors, however, it is not mandatory that VECPs be submitted nor is it mandatory that the CONTRACTOR accept or transmit to the COUNTY VECPs proposed by his subcontractors. C. Data Requirements: As a minimum, the following information shall be submitted by the CONTRACTOR with each VECP; A description of the difference between the existing requirements and the proposed change, and the comparative advantages and disadvantages. F-36 Separate detailed cost estimates for both the existing requirements and the proposed change. The cost estimates shall be broken down by item numbers indicating quantity increases or decreases and deleted pay items. Additional proposed Work, now covered by the Contract Documents, shall be identified by current COUNTY pay item numbers. In preparing the estimates, the CONTRACTOR shall include overhead, profit and bond. No separate pay item(s) for these costs will be allowed. An itemization of plan details, plan sheets, design standards and Specifications that must be changed or added if the VECP is adopted. Preliminary plan drawings must be sufficient to describe the proposed changes. An estimate of the effects the VECP would have on collateral costs to the COUNTY. Engineering Incentive or other analysis in sufficient detail to identify and describe specific features of the Contract Documents which must be changed if the VECP is accepted, with a proposal as to how these changes can be accomplished and an assessment of their effect on other Project elements. The COUNTY may require that Engineering Incentive analyses be performed by a prequalified consultant in the applicable class of Work. Any design changes which result from the VECP must be supported by computations sealed by a Professional registered in the State of Florida. A statement of the time by which approval of the VECP must be issued by the COUNTY to obtain the total estimated cost reduction during the remainder of this Contract noting any effect on the Contract completion time or delivery schedule. D. Processing Procedures: Two copies of each VECP shall be submitted to the County's Project Manager, or his/her duly authorized representative, VECPs will be processed expeditiously; however, the COUNTY will not be liable for any delay in acting upon a VECP submitted pursuant to this Section. The CONTRACTOR may withdraw, in whole or in part, a VECP not accepted by the COUNTY within the period specified in the VECP. The COUNTY shall not be liable for any VECP development cost in the case where a VECP is rejected or withdrawn. The COUNTY shall be the sole judge of the acceptability of a VECP and of the estimated net savings in construction and/or collateral costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the Contract prices if, in the judgment of the COUNTY, such prices do not represent a fair measure of the value of Work to be performed or to be deleted. Prior to approval, the COUNTY may modify a VECP, with the concurrence of the CONTRACTOR, to make it acceptable. If any modification increases or decreases the net savings resulting from the VECP, the CONTRACTOR'S fair share will be determined upon the basis of the VECP modified and upon determination of final quantities. The net savings shall be computed by subtracting the revised total cost of all bid items affected by the VECP design from the total cost of the same bid items as represented in the Contract Documents. F-37 Prior to approval of the VECP, which initiates the supplemental Contract, the CONTRACTOR shall provide acceptable contract quality Plan sheets revised to show all details consistent with the VECP design. E. Computations for Change in Contract Cost of Performance: CONTRACTOR development and implementation costs for the VECP will not be recoverable. If the VECP is adopted, the CONTRACTOR'S share of the net savings as defined hereinafter shall be considered full compensation to the CONTRACTOR for the VECP. COUNTY costs of processing or implementation of a VECP will not normally be considered in the estimate. However, the COUNTY reserves the right, where it deems such action appropriate, to require the CONTRACTOR to pay the COUNTY'S cost of investigating and implementing a VECP submitted by the CONTRACTOR as a condition of considering such proposal. Where such a condition is imposed, the CONTRACTOR shall indicate his acceptance thereof in writing, and such acceptance shall constitute full authority for the COUNTY to deduct amounts payable to the COUNTY from any monies due or that may become due to the CONTRACTOR under the Contract. F. Computations for Collateral Costs: When collateral cost savings are sought by the CONTRACTOR, separate estimates must be prepared for collateral costs of both the existing Contract requirement and the proposed change. Each estimate shall consist of an itemized breakdown of all costs and the basis for the data used in the estimate. Cost benefits to the COUNTY include, but are not limited to: reduced costs of operation, maintenance or repair, and extended useful service life. Increased collateral costs include the converse of such factors. Computations shall be as follows: Costs shall be calculated over a 20-year period on a uniform basis for each estimate. If the difference in the estimates as approved by the COUNTY indicate a savings, the CONTRACTOR shall divide the resultant amount by 20 to arrive at the average annual net collateral savings. The resultant savings shall be shared as stipulated in paragraph G below. G. Sharing Arrangements: If a VECP is approved by the COUNTY, the CONTRACTOR may be entitled to share in both construction savings and collateral savings to the full extent provided for in this subsection. Except for innovative ideas, the CONTRACTOR and COUNTY shall each receive 50 percent of net reduction in the cost of performance of this Contract. For innovative ideas, the reduction in the cost of performance shall be shared as follows: ACCRUED NET CONTRACTOR'S COUNTY'S SAVINGS SHARE % SHARE % Less than $25,000 85 15 $25,000 to $50,000 75 25 Over$50,000 50 50 If an approved change is identical or similar to a previously submitted VECP or an idea previously utilized by the COUNTY it will not be considered an innovative idea, thus, will only qualify for a 50 percent sharing of savings. F-38 When collateral savings occur, the CONTRACTOR shall receive 20 percent of the average one year's net collateral savings. The CONTRACTOR shall not receive construction savings or collateral savings on optional Work listed in this Contract until the COUNTY exercises its option to obtain that Work. ARTICLE 34 - CONTRACT TYPE This is an indefinite quantity contract for the goods and/or services specified. The quantities of goods and/or services specified are estimates only and are not purchased by this Contract. Delivery or performance shall be only as authorized by orders in accordance with the terms of this contract. The Contractor shall furnish to the County, when and if ordered, the goods and/or services up to and including the quantity designated in the schedule as the "Total Estimated Amount." The County shall order at least the quantity designated as the "Minimum" during the initial contract performance period. The County may issue orders requiring delivery to multiple destinations or performance at multiple locations. ORDER LIMITATIONS a. Minimum Order - When the County requires goods or services covered by this contract in an amount less than $1,000, the County is not obligated to purchase, nor is the Contractor obligated to provide these goods or services under the contract. b. Maximum Order — The Contractor is not obligated to honor any order for goods or services in excess of$500,000. ARTICLE 35— PATENTS AND ROYALTIES Unless otherwise provided, the bidder shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of the contract. The Contractor, without exception, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the Contractor. In the event of any claim against the County of copyright or patent infringement, the County shall promptly provide written notification to the Contractor.lf such a claim is made, the Contractor shall use its best efforts to promptly purchase for the County any infringing products or services or procure a license, at no cost to the County, which will allow continued use of the service or product. If none of the alternatives are reasonably available, the County agrees to return the article on request to the Contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. ARTICLE 36 — OWNER DIRECT PURCHASE Pursuant to Florida Statutes, Section 212.08(6), and Florida Administrative Code, Number 12A-1.094, Orange County Florida is exempt from Florida Sales Tax for the purchase of construction materials, supplies and/or equipment incorporated into a construction project. F-39 For construction Contracts valued at $10,000,000, or lesser amounts as determined by the County, the County may, at its discretion, use the direct purchase method for large dollar value equipment and materials that realize a tax savings of at least $5000. Direct purchases will be negotiated with the Contractor based on those items identified by the Professional. The final determination as to whether to direct purchase any materials or equipment shall be made by the Manager of the Procurement Division after consultation with the County's Project Manager. When it has been determined that the use of direct purchases is warranted, the, Orange County Owner Direct Purchase Provision in Exhibit 2 shall govern. ARTICLE 37 — PUBLIC RECORDS COMPLIANCE (APPLICABLE FOR SERVICE CONTRACTS) Orange County is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by Orange County to perform the service. 2. Upon request from Orange County's custodian of public records, provide Orange County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to Orange County. 4. Upon completion of the contract, Contractor agrees to transfer at no cost to Orange County all public records in possession of the Contractor or keep and maintain public records required by Orange County to perform the service. If the Contractor transfers all public record to Orange County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Orange County, upon request from Orange County's custodian of public records, in a format that is compatible with the information technology systems of Orange County. 5. A Contractor who fails to provide the public records to Orange County within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. F-40 6. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT : Procurement Division Public Records Liaison 400 E. South Street, 2nd Floor, Orlando, FL 32801 407-836-5897 ProcurementRecords@ocfl.net ARTICLE 38 - MULTIPLE AWARDS In the event of multiple awards the County, after any applicable contract minimums have been satisfied, will give the primary contractor first opportunity to perform all available work. If the County, at its sole discretion, determines the primary contractor cannot respond in time, an alternate contractor may be contacted to perform the required work. F-41 EXHIBIT A LEASED EMPLOYEE AFFIDAVIT CONTRACT# I affirm that an employee leasing company provides my workers' compensation coverage. I further understand that my contract with the employee leasing company limits my workers' compensation coverage to enrolled worksite employees only. My leasing arrangement does not cover un-enrolled worksite employees, independent contractors, uninsured subcontractors or casual labor exposure. I hereby certify that 100% of my workers are covered as worksite employees with the employee leasing company. I certify that I do not hire any casual or uninsured labor outside the employee leasing arrangement. I agree to notify the County in the event that I have any workers not covered by the employee leasing workers' compensation policy. In the event that I have any workers not subject to the employee leasing arrangement, I agree to obtain a separate workers' compensation policy to cover these workers. I further agree to provide the County with a certificate of insurance providing proof of workers' compensation coverage prior to these workers entering any County jobsite. I further agree to notify the County if my employee leasing arrangement terminates with the employee leasing company and I understand that I am required to furnish proof of replacement workers' compensation coverage prior to the termination of the employee leasing arrangement. I certify that I have workers' compensation coverage for all of my workers through the employee leasing arrangement specified below: Name of Employee Leasing Company: Workers' Compensation Carrier: A.M. Best Rating of Carrier: Inception Date of Leasing Arrangement: I further agree to notify the County in the event that I switch employee-leasing companies. I recognize that I have an obligation to supply an updated workers' compensation certificate to the County that documents the change of carrier. Name of Contractor: Signature of Owner/Officer: Title: Date: EXHIBIT B POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: "Any person or organization on whose behalf you are required to obtain a Designated Construction Project under a written contract or agreement" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes expenses under COVERAGE C legally obligated to pay as damages regardless of the number of: caused by "occurrences" under a. Insureds; COVERAGE A (SECTION I), and for all b. Claims made or "suits" brought medical expenses caused by accidents or under COVERAGE C (SECTION I), which c.Persons or organization making can be attributed only to ongoing claims or bringing "suits" operations at a single designated 3. Any payments made under construction project shown in the COVERAGE A Schedule above: for damages or under COVERAGE C 1. A separate Designated Construction for medical expenses shall reduce the Project General Aggregate Limit Designated Construction Project applies to each designated General Aggregate Limit for that construction project, and that limit is designated construction project. Such equal to the amount of the General payments shall not reduce the Aggregate Limit shown in the General Aggregate Limit shown in the Declarations. Declarations nor shall they reduce 2. The Designated Construction Project any other Designated Construction General Aggregate Limit is the most Project General Aggregate Limit for we will pay for the sum of all any other designated construction damages under COVERAGE A, project shown in the Schedule above. except damages because of "bodily 4. The limits shown in the Declarations injury" or "property damage" included for Each Occurrence, Fire Damage in the "products-completed and Medical Expense continue to operations hazard", and for medical apply. However, instead of being CG 25-03-03-97 Page 1 of 2 subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 03 97 Page 2 of 2 EXHIBIT C COMMERCIAL PROPERTY CP 00 20 06 07 BUILDERS RISK COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G., Definitions. scaffolding and construction forms. A. Coverage 2. Property Not Covered We will pay for direct physical loss of or Covered Property does not include: damage to Covered Property at the premises described in the Declarations a. Land (including land on which the caused by or resulting from any Covered property is located) or water; Cause Loss. b. The following property when outside of 1. Covered Property buildings: Covered Property as used in this (1) Lawns, trees, shrubs or plants; Coverage Part, means the type of (2) Radio or television antennas property described in this section, A.1., (including satellite dishes) and their lead- and limited in A.2., Property Not in wiring, master or towers; or Covered, If a Limit of Insurance is (3) Signs (other than signs attached to shown in the Declarations for that type buildings) of property. 3. Covered Causes of Loss Building Under Construction, See applicable Causes Of Loss Form as meaning the building or structure shown in the Declarations. described in the Declarations while in 4. Additional Coverages the course of construction, including: a. Debris Removal a. Foundations; (1) Subject to Paragraphs (3) and (4), we b. The following property: will pay your expense to remove (1) Fixtures and machinery; debris of Covered Property caused by (2) Equipment used to service the or resulting from a Covered Cause of building; and Loss that occurs during the policy (3) Your building materials and period. The expenses will be paid only supplies used for construction; if they are reported to us in writing Provided such property is intended to within 180 days of the date of direct be permanently located in or on the physical loss or damage. building or structure described in the (2) Debris Removal does not apply to Declarations or within 100 feet of its costs to: premises; (a) Extract "pollutants" from land or c. If not covered by other insurance, water; or temporary structures built or assembled on site, including cribbing, CP 00 20 06 07 Page 1 of 8 (b) Remove, restore or replace polluted land or water. Limit or Insurance: $90,000 (3) Subject to the exceptions in paragraph Amount of Deductible: $ (4), the following provisions apply: 500 (a) The most we will pay for the total of Amount of Loss: direct physical loss or damage plus $50,000 debris removal expense is the Limit Amount of Loss Payable: of Insurance applicable to the $49,500 Covered Property that has ($50,000 - $500) sustained loss or damage. Debris Removal Expense: (b) Subject to (a) above, the amount $10,000 we will pay for debris removal Debris Removal Expense Payable: expense is limited to 25% of the $10,000 sum of the deductible plus ($10,000 is 20% of$50,000.) the amount that we pay for direct The debris removal expense is less than 25% physical loss or damage to the of the sum of the loss payable plus the Covered Property that has deductible. The sum of the loss payable and sustained loss or damage. the debris removal expense ($49,500 + (4) We will pay up to an additional $10,000 = $59,500.) is less than the Limit of $10,000 for debris removal expense, Insurance. Therefore, the full amount of debris for each location, in any one removal expense is payable in accordance occurrence of physical loss or damage with the terms of Paragraph (3). to Covered Property if one or both of Example#2 the following circumstances apply: Limit of Insurance: $90,000 (a) The total of the actual debris Amount of Deductible: $ removal expense plus the amount we 500 pay for direct physical loss or Amount of Loss: damage exceeds the Limit of $80,000 Insurance on the Covered Property Amount of Los Payable: that has sustained loss or damage. $79,500 (b) The actual debris removal expense ($80,000 - $500) exceeds 25% of the sum of the Debris Removal Expense: deductible plus the amount that we $30,000 pay for direct physical loss or Debris Removal Expense Payable damage to the Covered Property that Basic Amount: has sustained loss or damage. $10,500 Therefore if (4)(a) and/or (4)(b) apply, Additional Amount: $10,000 our total payment for direct physical The basic amount payable for debris removal loss or damage and debris removal expense under the terms of Paragraph (3) is expense may reach but will never calculated as follows: $80,000 ($79,500 + exceed the Limit of Insurance on the $500) x .25 = $20,000; capped at $10,500. Covered Property that has sustained The cap applies because the sum of the loss loss or damage, plus $10,000. payable ($79,500) and the basic amount (5) Examples payable for debris removal expense ($10,500) The following examples assume that cannot exceed the Limit of Insurance there is no Coinsurance penalty. ($90,000). Example#1 CP 00 20 06 07 Page 2 of 8 The additional amount payable for debris expense will be paid only if they are removal expense is provided in accordance reported to us in writing within 180 days of with the terms of Paragraph (4), because the the date on which the Covered Cause of debris removal expense ($30,000) exceeds Loss occurs. 25% of the loss payable plus the deductible This Additional Coverage does not apply to ($30,000 is 37.5% of $80,000), and because costs to test for, monitor or assess the the sum of loss payable and debris removal existence, concentration or effects of expense ($79,500 + $30,00 = $109,500) "pollutants". But we will pay for testing would exceed the Limit of Insurance which is performed in the course of ($90,000). The additional amount of covered extracting the "pollutants" from the land or debris removal expense is $10,000, the water. maximum payable under Paragraph (4). Thus The most we will pay under this Additional the total payable for debris removal expense Coverage for each described premises is in this example is $20,500; $9,500 of the $10,000 for the sum of all covered debris removal expense is not covered. expenses arising out of Covered Causes b. Preservation Of Property of Loss occurring during each separate 12 If it is necessary to move Covered month period of this policy. Property from the described premises to 5. Coverage Extensions preserve it from loss or damage by a a. Building Materials And Supplies Of Covered Cause of Loss, we will pay for Others any direct physical loss or damage to that (1) You may extend the insurance provided property: by this Coverage Form to apply to (1) While it is being moved or while building materials and supplies that are: temporarily stored at another location; (a) Owned by others; and (b) In your care, custody or control; (2) Only if the loss or damage occurs (c) Located in or on the building within 30 days after the property is first described in the Declarations, or within moved. 100 feet of its premises; and c. Fire Department Service Charge (d) Intended to become a permanent part When the fire department is called to save of the building. or protect Covered Property from a (2) The most we will pay for loss or damage Covered Cause of Loss, we will pay up to under this Extension is $5,000 at each $1,000, unless a higher limit is shown in described premises, unless a higher Limit the Declarations, for your liability for fire of Insurance is specified in the department service charges: Declarations. Our payment for loss of or (1) Assumed by contract or agreement damage to property of others will only be for the account of the owner of the prior to loss; or property. (2) Required by local ordinance. b. Sod, Trees, Shrubs And Plants No Deductible applies to this Additional You may extend the insurance provided by Coverage. this Coverage Form to apply to loss or d. Pollutant Clean-up And Removal damage to sod, trees, shrubs and plants We will pay your expense to extract outside of buildings on the described "pollutants" from land or water at the premises, if the loss or damage is caused by described premises if the discharge, or results from any of the following causes of dispersal, seepage, migration, release or loss: escape of the "pollutants" is caused by or (1) Fire; results from a Covered Cause of Loss that (2) Lightning; occurs during the policy period. The CP 00 20 06 07 Page 3 of 8 (3) Explosion; Example#1 (4) Riot or Civil Commotion; or (This example assumes there is no penalty for (5)Aircraft. underinsurance.) The most we will pay for loss or damage Deductible: $ 1,000 under this Extension is $1,000, but not Limit of Insurance — Building #1: $ more than $250 for any one tree, shrub or 60,000 plant. These limits apply to any one Limit of Insurance — Building #2: $ occurrence, regardless of the types or 80,000 number of items lost or damaged in that Loss to Building #1: $ 60,100 occurrence. Loss to Building #2: $ 90,000 B. Exclusions And Limitations The amount of loss to Building #1 ($60,100) is See applicable Causes Of Loss From as less than the sum ($61,000) of the Limit of shown in the Declarations. Insurance applicable to Building #1 plus the C. Limits Of Insurance Deductible. The most we will pay for loss or damage in The Deductible will be subtracted from the any one occurrence is the applicable Limit of amount of loss in calculating the loss payable Insurance shown in the Declarations. for Building #1: The most we will pay for the loss or damage $60,100 to outdoor signs attached to buildings is - 1,000 $2,500 per sign in any one occurrence. $59,100 Loss Payable — Building #1 The limits applicable to the Coverage The Deductible applies once per occurrence Extensions and the Fire Department Service and therefore is not subtracted in determining Charge and Pollutant Clean-up And the amount of loss payable for Building #2. Removal Additional Coverage are in addition Loss payable for Building #2 is the Limit of to the Limit of insurance. Insurance of $80,000. Payments under the Preservation Of Total amount of loss payable:$59,100 + Property Additional Coverage will not $80,000 = $139,100. increase the applicable Limit of insurance. Example#2 D. Deductible (This example, too, assumes there is no In any one occurrence of loss or damage penalty for underinsurance.) (hereinafter referred to as loss), we will first The Deductible and Limits of Insurance are reduce the amount of loss if required by the same as those in Example #1 Additional Condition — Need For Adequate Loss to Building #1: $ 70,000 Insurance. If the adjusted amount of loss is (Exceeds Limit of Insurance plus Deductible) less than or equal to the Deductible, we will Loss to Building # 2 $ 90,000 not pay for that loss. If the adjusted amount (Exceeds Limit of Insurance plus Deductible) of loss exceeds the Deductible, we will then Loss Payable - Building #1: $ 60,000 subtract the Deductible from the adjusted (Limit of Insurance) amount of loss, and will pay the resulting Loss Payable — Building #2 $ 80,000 amount or the Limit of Insurance, whichever (Limit of Insurance) is less. Total amount of loss payable: When the occurrence involves loss to more $140,000 than one item of Covered Property and E. Loss Conditions separate Limits of Insurance apply, the The following conditions apply in addition to losses will not be combined in determining the Common Policy Conditions and the application of the Deductible But the Commercial Property Conditions. Deductible will be applied only once per occurrence. CP 00 20 06 07 Page 4 of 8 1. Abandonment examination. There can be no abandonment of any (5) At our request, give us complete property to us. inventories of the damaged and Appraisal undamaged property. Include If we and you disagree on the value of quantities, costs, values and amount of the property or the amount of loss, either loss claimed. may make written demand for an appraisal (6) As often as may be reasonably of the loss. In this event, each party will required, permit us to inspect the select a competent and impartial property proving the loss or damage appraiser. The two appraisers will select and examine your books and records. and umpire. If they cannot agree, either Also permit us to take samples of may request that selection be made by a damaged and undamaged property for judge of a court having jurisdiction. The inspection, testing and analysis, and appraiser will state separately the value of permit us to make copies from your the property and amount of loss. If they fail books and records to agree, they will submit their differences (7) Send us a signed, sworn proof of loss to the umpire. A decision agreed to by any containing the information we request two will be binding. Each party will: to investigate the claim. You must do a. Pay its chosen appraiser; and this within 60 days after our request. b. Bear the other expenses of the We will supply you with the necessary appraisal and umpire equally. forms. If there is an appraisal, we will still retain (8) Cooperate with us in the investigation our right to deny claim. or settlement of the claim. 3. Duties In The Event Of Loss Or Damage b. we may examine any insured under a. You must see that the following are done oath while not in the presence of any in the event of loss or damage to Covered other insured and at such times as may Property: be reasonably required, about any (1) Notify the police if a law may have matter relating to this insurance or the been broken. claim, including an insured's books and (2) Give us prompt notice of the loss or records. In the event of an damage. Include a description of the examination, an insured's answer must property involved. be signed. (3) As soon as possible, give us a 4. Loss Payment description of how, when and where a. In the event of loss or damage covered the loss or damage occurred. by this Coverage Form, at our option, we (4) Take all reasonable steps to protect will either: the Covered Property from further (1) Pay the value of lost or damaged damage, and keep a record of your property; expenses necessary to protect the (2) pay the cost of repairing or replacing Covered Property, for consideration in the lost or damaged property, subject to the settlement of the claim. This will not b. below; increase the Limit of Insurance. (3) Take all or any part of property at an However, we will not pay for any agreed or appraised value; or subsequent loss or damage resulting (4) Repair, rebuild or replace the property from cause of loss that is not a with other property of like kind and Covered Cause of Loss. Also if quality, subject to b. below. feasible, set the damaged property We will determine the value of lost or aside and in the best possible order for damaged property, or the cost of its repair CP 00 20 06 07 Page 5 of 8 or replacement, in accordance with the applicable policy provisions applicable terms of the Valuation including Limits of Insurance, the Condition in this Coverage Form or any Valuation and Coinsurance Conditions applicable provision which amends or and all other provisions of this Loss supersedes the Valuation Condition. Payment Condition. Our payment under b. The cost to repair, rebuild or replace the provision of this paragraph does not does not include the increased cost alter any right of subrogation we may attributable to enforcement of any have against any entity, including the ordinance or law regulating the owner or insurer of the adjoining building, construction, use or repair of any and does not alter the terms of the property. Transfer Of Rights Of Recovery Against c. We will give notice of our intentions Others To Us Condition in this policy. within 30 days after we receive the sworn 5. Recovery Property proof of loss. If either you or we recover any property d. We will not pay you more than your after loss settlement, that party must give financial interest in the Covered the other prompt notice. At your option, the Property. property will be returned to you. You must e. We may adjust losses with the owners then return to us the amount we paid to of lost or damaged property if other than you for the property. We will pay recovery you. If we pay the owners, such expenses and the expenses to repair the payments will satisfy your claims against recovered property, subject to the Limit of us for the owners' property. We will not Insurance. pay the owners more than their financial 6. Valuation interest in the Covered Property. We will determine the value of Covered f. We may elect to defend you against Property at actual cash value as of the suits arising from claims of owners of time of loss or damage. property. We will do this at our expense. F. Additional Conditions g. We will pay for covered loss or damage The following conditions apply in within 30 days after we receive the sworn addition to the Common Policy Conditions proof of loss, if you have complied with and the Commercial Property Conditions. all of the terms of this Coverage Part 1. Mortgageholders and: a. The term mortgageholder includes trustee. (1) We have reached agreement with b. We will pay for covered loss of or damage you on the amount of loss; or to buildings or structures to each (2)An appraisal award has been made. mortgageholder shown in the Declarations h. A party wall is a wall that separates and in their order of precedence, as interests is common to adjoining buildings that are may appear. owned by different parties. In settling c. The mortgageholder has the right to covered losses involving a party wall, we receive loss payment even if the will pay a portion of the loss to the party mortgageholder has started foreclosure or wall based on your interest in the wall in similar action on the building or structure. proportion to the interest of the owner of d. If we deny your claim because of your the adjoining building. However, if you acts or because you have failed to comply elect to repair or replace your building with the terms of this Coverage Part, the and the owner of the adjoining building mortgageholder will still have the right to receive loss payment if the elects not to repair or replace the building, we will pay you the full value of mortgageholder: the loss to the party wall, subject to all CP 00 20 06 07 Page 6 of 8 (1) Pays any premium due under this Insurance bears to the value on the date of Coverage Part at our request if you completion of the building described in the have failed to do so; Declarations. (2) Submits a signed, sworn proof of EXAMPLE #1 (UNDERINSURANCE) loss within 60 days after receiving When: The value of the building on the date of notice from us of your failure to do so; completion is: $200,000 and The Limit of Insurance for it is: (3) Has notified us of any change in $100,000 ownership, occupancy or substantial The Deductible is: $ 500 change in risk known to the The amount of loss is: $ mortgageholder. 80,000 All of the terms of this Coverage Part will Step (1): $100,000 = $200,000 =.50 then apply directly to the mortgageholder. Step (2): $80,000 x .50 = $40,000 e. If we pay the mortgageholder for any Step (3): $40,000 - $500 = $39,500. loss or damage and deny payment to We will pay no more than $39,500. The you because of your acts or because you remaining $40,500 is not covered. have failed to comply with the terms of EXAMPLE #2 (ADEQUATE INSURANCE) this Coverage Part: When: The value of the building on the (1) The mortgageholder's rights under date of completion is: the mortgage will be transferred to us $200,000 to the extent of the amount we pay; The Limit of Insurance for it is: and $200,000 (2) The mortgageholder's right to recover The Deductible is: $ 1,000 the full amount of the mortgageholder's The amount of loss is: $ claim will not be impaired. 80,000 At our option, we may pay to the The limit of Insurance in the example is mortgageholder the whole principal on adequate and therefore no penalty applies. the mortgage plus any accrued interest. We will pay no more than $79,000 ($80,000 In this event, your mortgage and note will amount of loss minus the deductible of be transferred to us and you will pay your $1,000). remaining mortgage debt to us. 3. Restriction Of Additional Coverage — f. If we cancel this policy, we will give Collapse written notice to the mortgageholder at If the Causes Of Loss — Broad Form is least: applicable to this Coverage Form, (1) 10 days before the effective date of Paragraph C.2.f. of the Additional Coverage cancellation if we cancel for your — Collapse does not apply to this Coverage nonpayment of premium; or Form. (2) 30 days before the effective date of If the Cause Of Loss — Special Form is cancellation if we cancel for any other applicable to this Coverage Form, reason. Paragraphs D.2.c. and D.2.d of the g. If we elect not to renew this policy, we Additional Coverage Collapse do not apply will give written notice to the to this Coverage Form. mortgageholder at least 10 days before 4. When Coverage Ceases the expiration date of this policy. The insurance provided by this 2. Need for Adequate Insurance Coverage Form will end when one of the We will not pay a greater share of any following first occurs: loss than the portion that the Limit of CP 00 20 06 07 Page 7 of 8 G. Definitions a. This policy expires or is cancelled. "Pollutants" means any solid, liquid, b. The property is accepted by the gaseous or thermal irritant or contaminant, purchaser; including smoke, vapor, soot, fumes, c. Your interest in the property ceases; acids, alkalis, chemicals and waste. Waste d. You abandon the construction with no includes materials to be recycled, intention to complete it; reconditioned or reclaimed. e. Unless we specify otherwise in writing. (1) 90 days after construction is complete or; (2) 60 days after any building described in the Declarations is: (a) Occupied in whole or in part; or (b) Put to its intended use. CP 00 20 06 07 Page 8 of 8 EXHIBIT D COMMERCIAL PROPERTY CP 10 30 06 07 CAUSES OF LOSS — SPECIAL FORM Words and phrases that appear in quotation marks have special meaning. Refer to Section G., Definitions. A. Covered Causes Of Loss event; When Special is shown in the (2) Landslide including any earth sinking, Declarations, Covered Causes of Loss rising or shifting related to such event. means Risk of Direct Physical Loss unless (3) Mine subsidence, meaning subsidence the loss is: of a man-made mine, whether or not 1. Excluded in Section B., Exclusions; mining activity has ceased; or (4) Earth sinking (other than sinkhole 2. Limited in Section C., limitations; collapse), rising or shifting including that follow. soil conditions which cause settling, B. Exclusions cracking or other disarrangement of 1. We will not pay for loss or damage foundations or other parts or realty. Soil caused directly or indirectly by any of the conditions include contraction, following. Such loss or damage is expansion, freezing, thawing, erosion, excluded regardless of any other cause or improperly compacted soil and the event that contributes concurrently or in action of water under the ground any sequence to the loss. surface. a. Ordinance or Law But if Earth Movement, as described in The enforcement of any ordinance or b.(1) through (4) above, results in fire or law: explosion, we will pay for the loss or (1) Regulating the construction, use or damage caused by that fire or explosion. repair of any property; or (5) Volcanic eruption, explosion or (2) Requiring the tearing down of any effusion. But if volcanic eruption, property, including the cost of explosion or effusion results in fire, removing its debris. building glass breakage or Volcanic This exclusion, Ordinance Or Law Action, we will pay for the loss or applies whether the loss results from: damage caused by that fire, building (a) An ordinance or law that is glass breakage or Volcanic Action. enforced even if the property has Volcanic Action means direct loss or not been damaged; or damage resulting from the eruption of a (b) The increased costs incurred to volcano when the loss or damage is comply with an ordinance or law caused by: in the course of construction, (a) Airborne volcanic blast or airborne repair, renovation, remodeling or shock waves; demolition of property, or removal (b) Ash, dust or particulate matter; or of its debris, following a physical (c) Lava flow. loss to that property. All volcanic eruptions that occur within b. Earth movement any 168-hour period will constitute a (1) Earthquake, including any earth single occurrence. sinking, rising or shifting related to such CP 10 30 06 07 Page 1 of 10 Volcanic Action does not include the not limited to service relating to Internet cost to remove ash, dust or particulate access or access to any electronic, matter that does not cause direct cellular or satellite network. physical loss or damage to the f. War And Military Action described property. (1) War, including undeclared or civil c. Governmental Action war; Seizure or destruction of property by (2) Warlike action by military force, order of governmental authority. including action in hindering or But we will pay for loss or damage defending against an actual or caused by or resulting from acts of expected attack, by any destruction ordered by governmental government, sovereign or other authority and taken at the time of a fire to authority using military personnel or prevent its spread, if the fire would be other agents; or covered under this Coverage Part. (3) Insurrection, rebellion, revolution, d. Nuclear Hazard usurped power, or action taken by Nuclear reaction or radiation, or governmental authority in hindering radioactive contamination, however or defending against any of these. caused. g. Water But if nuclear reaction or radiation, or (1) Flood, surface water, waves, tides, radioactive contamination, results in fire, tidal waves, overflow of any body of we will pay for the loss or damage water or their spray, all whether caused by that fire. driven by wind or not; e. Utility Services (2) Mudslide or mudflow; The failure of power, communication, (3) Water that backs up or overflows water or other utility service supplied to from a sewer, drain or sump; or the described premises, however (4) Water under the ground surface caused, if the failure: pressing on, or flowing or seeping (1) Originates away from the described through: premises; or (a) Foundations, walls, floors or paved (2) Originates at the described premises surfaces; but only if such failure involves (b) Basements, whether paved or not; equipment used to supply the utility or service to the described premises (c) Doors, windows or other openings. from a source away from the But if Water, as described in g.(1). described premises. Through g.(4). above, results in fire, Failure of any utility service includes lack explosion or sprinkler leakage, we will pay of sufficient capacity and reduction in for the loss or damage caused by that fire supply. Loss or damage caused by a explosion or sprinkler leakage. surge of power is also excluded, if the h. "Fungus", Wet Rot, Dry Rot And surge would not have occurred but for an Bacteria event causing failure of power. Presence, growth, proliferation, spread But if the failure or surge of power, or the or any activity of "fungus", wet or dry rot failure of communication, water or other or bacteria. utility service, results in Covered Cause But if "fungus", wet or dry rot or bacteria of loss, we will pay for the loss or results in a "specified cause of loss", we damage caused by that Covered Cause will pay for the loss or damage caused of Loss. by that "specified cause of loss". This Communication services include but are exclusion does not apply: CP 10 30 06 07 Page 2 of 10 1. When "fungus", wet or dry rot or (5) Nesting or infestation, or discharge or bacteria results from fire or lightning; or release of waste products or secretions, 2. To the extent that coverage is by insects, birds, rodents or other provided in the Additional Coverage — animals. Limited Coverage For "Fungus", Wet (6) Mechanical breakdown, including Rot, Dry Rot And Bacteria with rupture or bursting caused by centrifugal respect to loss or damage by a cause force. But if mechanical breakdown of loss other than fire or lightning. results in elevator collision, we will pay Exclusions B.1.a. through B.1 h. apply for the loss or damage caused by the whether or not the loss event results in elevator collision. widespread damage or affects a substantial (7) The following causes of loss to personal area. property: 2. We will not pay for loss or damage (a) Dampness or dryness of caused by or resulting from any of the atmosphere; following: (b) Changes in or extremes of a. Artificially generated electrical, magnetic temperature; or or electromagnetic energy that damages, (c) Marring or scratching. disturbs, disrupts or otherwise interferes But if an excluded cause of loss that is listed with any: in 2.d.(1). through (7) results in a "specified (1) Electrical or electronic wire, device, cause of loss" or building glass breakage, appliance, system or network; or we will pay for the loss or damage caused (2) Device, appliance, system or by that "specified cause of loss" or building network utilizing cellular or satellite glass breakage. technology. e. Explosion of steam boilers, steam pipes, For the purpose of this exclusion, steam engines or steam turbines owned or electrical, magnetic or electromagnetic leased by you, or operated under your energy includes but is not limited to: control. But if explosion of steam boilers, (a) Electrical current, including arcing; steam pipes, steam engines or steam (b) Electrical charge produced or turbines result in fire or combustion conducted by a magnetic or explosion, we will pay for the loss or electromagnetic field; damage caused by that fire or combustion (c) Pulse of electromagnetic energy; or explosion. We will also pay for loss or (d) Electromagnetic waves or damage caused by or resulting from microwaves. explosion of gases or fuel within the But if fire results, we will pay for the loss or furnace of any fired vessel or within the damage caused by the fire. flues or passages through which the gases b. Delay, loss of use or loss of market. of combustion pass. c. Smoke, vapor or gas from agricultural f. Continuous or repeated seepage or smudging or industrial operations leakage of water, or the presence or condensation of humidity, moisture or d. (1)Wear and tear; vapor, that occurs over period of 14 days (2) Rust or other corrosion, decay, or more. deterioration, hidden or latent defect or g. Water, other liquids, powder or molten any quality in property that causes it to material that leaks or flows from plumbing, damage or destroy itself; heating, air conditioning or other (3) Smog; equipment (except fire protective systems) (4) Setting, cracking, shrinking or caused by or resulting from freezing, expansion; unless: CP 10 30 06 07 Page 3 of 10 (1) You do your best to maintain heat in (i) The "specified cause of loss"; the building or structure; or (ii) Breakage of building glass; (2) You drain the equipment and shut off (iii) Weight of rain that collects on a the supply if the heat is not maintained. roof; or h. Dishonest or criminal act by you, any of (iv) Weight of people or personal your partners, members, officers, roperty. managers, employees (including leased I. Discharge, dispersal, seepage, migration, employees), directors, trustees, authorized release or escape of "pollutants" unless representatives or anyone to whom you the discharge, dispersal, seepage, entrust the property for any purpose. migration, release or escape is itself (1) Acting alone or in collusion with others; caused by any of the "specified causes of or loss". But if the discharge, dispersal, (2) You drain the equipment and shut off seepage, migration, release or escape of the supply if the heat is not maintained. "pollutants" results in "specified cause of This exclusion does not apply to acts of loss", we will pay for the loss or damage destruction by your employees (including caused by that "specified cause of loss". leased employees); but theft by employees The exclusion, I., does not apply to (including leased employees) is not damage to glass caused by chemicals covered. applied to glass. i. Voluntary parting with any property by you m. Neglect of an insured to use all or anyone else to whom you have reasonable means to save and preserve entrusted the property if induced to do so property from further damage at and by any fraudulent scheme, trick, device or after the time loss. false pretense. 3. We will not pay for loss or damage caused j. rain, snow, ice or sleet to personal by or resulting from any of the following, 3.a. property in the open. through 3.c. But if an excluded cause of k. Collapse, including any of the following loss that is listed in 3.a. through 3.c. results conditions of property or any part of the in a Covered Cause of Loss, we will pay for property: the loss or damage caused by that Covered (1) An abrupt falling down or caving in; Cause of Loss. (2) Loss of structural integrity, including a. Weather conditions. But this exclusion separation of parts of the property or only applies if weather conditions property in danger of falling down or contribute in any way with a cause or caving in; or event excluded in Paragraph 1. above to (3) Any cracking, bulging, sagging, produce the loss or damage. bending, leaning, setting, shrinkage or b. Acts or decisions, including the failure to expansion as such condition relates to act or decide, of any person, group, (1) or (2) above. organization or governmental body. But if collapse results in a Covered Cause c. Faulty, inadequate or defective: of Loss at the described premises, we will (1) Planning, zoning, development, pay for the loss or damage caused by that surveying, siting; Covered Cause of Loss. (2) Design, specifications, workmanship, The exclusion, k., does not apply: repair, construction, renovation, (a) To the extent that coverage is remodeling, grading, compaction; provided under the Additional (3) Materials used in repair, construction Coverage — Collapse; or renovation or remodeling; or (b) To collapse caused by one or more (4) Maintenance; of the following: CP 10 30 06 07 Page 4 of 10 of part or all of any property on or off the contract beyond the "period of described premises. restoration". 4. Special Exclusions (5) Any other consequential loss. The following provisions apply only to the b. Leasehold interest Coverage Form specified Coverage Forms. (1) Paragraph B.1.a., Ordinance Or Law, a. Business Income (And Extra Expense) does not apply to insurance under this Coverage Form, Business Income - Coverage Form. (Without Extra Expense) Coverage (2)We will not pay for any loss caused by: Form, Or Extra Expense Coverage Form (a) Your cancelling the lease; We will not pay for: (b) The suspension lapse or (1)Any loss caused by or resulting from: cancellation of any license; or (a) Damage or destruction of "finished (c)Any other consequential loss. stock"; or c. Legal liability Coverage Form (b) The time required to reproduce (1) The following exclusions do not apply "finished stock". to insurance under this Coverage This exclusion does not apply to Extra Form: Expense. (a) Paragraph B.1.a., Ordinance Or (2) Any loss caused by or resulting from Law; direct physical loss or damage to radio (b) Paragraph B.1.c., Governmental or television antennas (including Action satellite dishes) and their lead in-wiring, (c) Paragraph B.1.d., Nuclear Hazard; masts or towers. (d) Paragraph B.1.e., Utility Services; (3) Any increase of loss caused by or and resulting from: (e) Paragraph B.1.f., War And Military (a) Delay in rebuilding, repairing or Action replacing the property or resuming (2) The following additional exclusions "operations", due to interference at apply to insurance under this Coverage the location of the rebuilding, repair Form: or replacement by strikers or other (a) Contractual Liability persons; or We will not defend any claim or (b) Suspension, lapse or cancellation "suit", or pay damages that you are of any license, lease or contract. legally liable to pay solely by reason But if the suspension, lapse or of your assumption of liability in a cancellation is directly caused by contract or agreement. But the "suspension" of"operations", we this exclusion does not apply to a will cover such loss that affects your written lease agreement in which Business Income during the "period you have assumed liability for of restoration" and any extension of building damage resulting from an the "period of restoration" in actual or attempted burglary or accordance with the terms of the robbery, provided that: Extended business Income (i) Your assumption of liability was Additional Coverage and the executed prior to accident; and Extended Periods Of Indemnity (ii) The building is Covered Optional Coverage or any variation Property under this Coverage of these. Form. (4) Any Extra Expense caused by or (b) Nuclear Hazard resulting from suspension, lapse or We will not defend any claim or cancellation of any license, lease or "suit", or pay any damages, loss, CP 10 30 06 07 Page 5 of 10 expense or obligation, resulting inside such boilers or equipment, from nuclear reaction or radiation, other than an explosion. or radioactive contamination, c. The interior of any building or however caused. structure or to personal property in 5. Additional Exclusion the building or structure, caused by or The following provisions apply only to the resulting from rain, snow, sleet, ice, specified property. sand or dust, whether driven by wind LOSS OR DAMAGE TO PRODUCTS or not, unless: We will not pay for loss or damage to any (1) The building or structure first merchandise, goods or other product caused sustains damage by a Covered by or resulting from error or omission by any Cause of Loss to its roof or walls person or entity (including those having through which the rain, snow, possession under an arrangement where sleet, ice, sand or dust enters; or work or a portion of the work is outsourced) (2) The loss or damage is caused by in any stage of the development, production or results from thawing of snow, or use of the product, including planning, sleet or ice on the building or testing, processing, packaging, installation, structure. maintenance or repair. This exclusion d. Building materials and supplies not applies to any effect that compromises the attached as part of the building or form, substance or quality of the product. structure caused by or resulting from But if such error or omission results in a theft. Covered Cause loss, we will pay for the loss However, this limitation does not apply or damage caused by that Covered Cause to: of Loss. (1) Building materials and supplies C. Limitations held for sale by you, unless they The following limitations apply to all are insured under the Builders policy forms and endorsements, unless Risk Coverage Form; or otherwise stated. (2) Business Income Coverage or 1. We will not pay for loss of or damage Extra Expense Coverage. to property, as described and limited in e. Property that is missing, where the the section. In addition, we will not pay only evidence of the loss or damage for any loss that is a consequence of is a shortage disclosed on taking loss or damage as described and inventory, or other instances where limited in this section. there is no physical evidence to show a. Steam boilers, steam pipes steam what happened to the property. engines or steam turbines caused by f. Property that has been transferred to or resulting from any condition or a person or to a place outside the event inside such equipment. But we described premises on the basis of will pay for loss of or damage to such unauthorized instructions. equipment caused by or resulting 2. We will not pay for loss of or damage to the from an explosion of gases or fuel following types of property unless caused by within the furnace of any fired vessel the "specified causes of loss" or building or within the flues or passages glass breakage: through which the gases of a. Animals, and then only if they are killed or combustion pass. their destruction is made necessary. b. Hot water boilers or other water b. Fragile articles such as statuary, marbles, heating equipment caused by ore chinaware and porcelains, if broken. This resulting from any condition or event restriction does not apply to: CP 10 30 06 07 Page 6 of 10 (1) Glass; or Business Income Coverage or to Extra (2) Containers of property held for sale. Expense Coverage. c. Builders' machinery, tools and equipment D. Additional Coverage —Collapse owned by you or entrusted to you, The coverage provided under this Additional provided such property is Covered Coverage — Collapse applies only to an Property. abrupt collapse as described and limited in (1) If the property is located on or within D.1., through D.7., 100 feet of the described premises, 1. For the purpose of this Additional unless the premises is insured under Coverage —Collapse, abrupt collapse the Builders Risk Coverage Form; or means an abrupt falling down or caving in (2) To Business Income Coverage or to of a building or any part of a building with Extra Expense Coverage. the result that building or part of the 3. The special limit shown for each category, building cannot be occupied for its a. through d., is the total limit for loss of or intended purpose. damage to all property in that category. The 2. We will pay for direct physical loss or special limit applies to any one occurrence damage to Covered Property, caused by of theft, regardless of the types or number of abrupt collapse of building or any part of a articles that are lost or damaged in that building that is insured under this occurrence. The special limits are: Coverage Form or that contains Covered a. $2,500 for furs, fur garments and Property insured under this Coverage garments trimmed with fur. Form, if such collapse is caused by one or b. $2,500 for jewelry, watches, watch more of the following. movements, jewels, pearls, precious and semiprecious stones, bullion, gold, silver, a. Building decay that is hidden from view platinum, and other precious alloys or unless the presence of such decay is metals. This limit does not apply to jewelry known to an insured prior to collapse; and watches worth $100 or less per item. b. Insect or vermin damage that is hidden c. $2,500 for patterns, dies, molds and from view, unless the presence of such forms. damage is known to an insured prior to d. $250 for stamps, tickets, including lottery collapse; tickets held for sale, and letters for credit. c. Use of defective material or methods in These special limits are part of, not in construction, remodeling or renovation if addition to, the Limit of Insurance applicable the abrupt collapse occurs during the to the Covered Property. course of the construction, remodeling or This limitation, C.3., does not apply to renovation. Business Income Coverage or Extra d. Use of defective material or methods in Expense Coverage. construction, remodeling or renovation if 4. We will not pay the cost to repair any defect the abrupt collapse occurs after the to a system or appliance from which water, construction, remodeling or renovation is other liquid, powder or molten material complete but only if the collapse is escapes. But we will pay the cost to repair or caused in part by: replace damaged parts of fire-extinguishing (1)A cause of loss listed in 2.a. or 2.b.; equipment if the damage: (2) One or more of the "specified causes a. Results in discharge of any substance of loss"; from an automatic fire protection system; (3) Breakage of building glass; or (4) Weight of people or personal b. Is directly caused by freezing. property; or However, this limitation does not apply to (5) Weight of rain that collects on a roof. CP 10 30 06 07 Page 7 of 10 3. This Additional Coverage — Collapse that kind of property is considered to be does not apply to: personal property or real property. a. A building or any part of a building that The coverage stated in the Paragraph 5. is in danger of falling down or caving in; does not apply to personal property if b. A part of a building that is standing, marring and/or scratching is the only even if it has a separated from another damage to that personal property caused part of the building; or by the collapse. c. A building that is standing or any part of 6. This Additional Coverage — Collapse does a building that is standing even if it not apply to a personal property that has shows evidence of cracking, bulging, not abruptly fallen down or caved in, even sagging, bending, leaning, setting, if the personal property shows evidence of shrinkage or expansion. cracking, bulging, sagging, bending, 4. With respect to the following property: leaning, settling, shrinkage or expansion. a. Outdoor radio or television antennas 7. This Additional Coverage — Collapse will (including satellite dishes) and their lead- not increase the Limits of Insurance in wiring, masts or towers; provided in this Coverage Part. b. Awnings, gutters and downspouts; 8. The term Covered Cause of Loss includes c. Yard fixtures; the Additional Coverage — Collapse as d. Outdoor swimming pools; described and limited in D.1. through D.7. e. Fences; E. Additional Coverage — Limited Coverage f. Piers, wharves and docks; For "Fungus", Wet Rot, Dry Rot And g. Beach or diving platforms or Bacteria appurtenances; 1. The coverage described in E.2. and E.6. h. Retaining walls; and only applies when the "fungus", wet or dry i. Walks, roadways and other paved rot or bacteria is the result of one or more surfaces; of the following causes that occurs during if an abrupt collapse is caused by cause of the policy period and only if all reasonable loss listed in 2.a. through 2.d., we will pay means were used to save and preserve for loss or damage to that property only if: the property from further damage at the (1) Such loss or damage is a direct time of and after that occurrence. result of the abrupt collapse of a a. A "specified cause of loss" other than building insured under this Coverage fire or lightning; or Form. b. Flood, if Flood Coverage Endorsement (2) The property is Covered Property applies to the affected premises. under this Coverage Form. 2. We will pay for loss or damage by 5. If personal property abruptly falls down or "fungus" wet or dry rot or bacteria. As used caves in and such collapse is not the in this Limited Coverage, the term loss or result of abrupt collapse of a building, we damage means: will pay for loss or damage to Covered a. Direct physical loss or damage to property caused by such collapse of Covered Property caused by "fungus", personal property only if: wet or dry rot or bacteria including the a. The collapse of personal property was cost of removal of the "fungus", wet or caused by a cause of loss listed in 2.a. dry rot or bacteria; through 2.d.; b. The cost to tear out and replace any b. The personal property which collapses part of the building or other property as is inside a building; and needed to gain access to the "fungus", c. The property which collapses is not of a wet or dry rot or bacteria; and kind listed in 4., regardless of whether c. The cost of testing performed after CP 10 30 06 07 Page 8 of 10 removal, repair, replacement or Coverage applies to the described restoration of the damaged property is premises and only if the "suspension" of completed, provided there is a reason to "operations" satisfies all terms and believe that "fungus", wet or dry rot or conditions of the applicable Business bacteria are present. Income and/or Extra Expense Coverage 3. The coverage described under E.2. of Form. this Limited Coverage is limited to a. If the loss which resulted in "fungus", $15,000. Regardless of the number of wet rot or dry rot or bacteria does not in claims, this limit is the most we will pay for itself necessitate a "suspension" of the total of all loss or damage arising out of "operations", but such "suspension" is all occurrences of "specified cause of loss" necessary due to loss or damage to (other than fire or lightning) and Flood property caused by "fungus" wet or dry which take place in a 12 month period rot or bacteria, then our payment under (starting with the beginning of the present Business Income and/or Extra Expense annual policy period). With respect to a is limited to the amount of loss and/or particular occurrence of loss which results expense sustained in a period of not in "fungus", wet or dry rot or bacteria, we more than 30 days. The days need not will not pay more than a total of $15,000 be consecutive. even if the "fungus", wet or dry rot or b. If a covered "suspension" of bacteria continues to be present or active, "operations" was caused by loss or or recurs, in a later policy period. damage other than "fungus", wet or dry 4. The coverage provided under this Limited rot or bacteria but remediation of Coverage does not increase the applicable "fungus", wet or dry rot or bacteria but Limit of Insurance on any Covered remediation of "fungus", wet or dry rot or Property. If a particular occurrence results bacteria prolongs the "period of in loss or damage by "fungus", wet or dry restoration", we will pay for loss and/or rot or bacteria, and other loss or damage, expense sustained during the delay we will not pay more, for the total of all loss (regardless of when such delay occurs or damage, than the applicable Limit of during the "period of restoration"), but Insurance on the affected Covered such coverage is limited to 30 days. The Property. days need not be consecutive. If there is covered loss or damage to F. Additional Coverage Extensions Covered Property, not caused by "fungus", 1. Property In Transit wet or dry rot or bacteria, loss payment will This Extension applies only to your not be limited by the terms of this Limited personal property to which this form Coverage, except to the extent that applies. "fungus", wet or dry rot or bacteria causes a. You may extend the insurance provided an increase in the loss. Any such increase by this Coverage Part to apply to your in the loss will be subject to the terms personal property (other than property in of this Limited Coverage. the care, custody or control of your 5. The terms of this Limited Coverage do not salespersons) in transit more than 100 increase or reduce the coverage provided feet from the described premises. under Paragraph F.2. (Water Damage, Property must be in or on a motor vehicle Other Liquids, Powder Or Molten Material you own, lease or operate while between Damage) of this Causes Of Loss Form or points in the coverage territory. under the Additional Coverage — Collapse. b. Loss or damage must be caused by or 6. The following, 6.a or 6.b., applies only if result from one of the following causes of Business Income and/or Extra Expense loss: CP 10 30 06 07 Page 9 of 10 (1) Fire, lightning, explosion, windstorm 2. "Specified cause of loss" means the or hail riot or civil commotion, or following: fire; lightning; explosion; vandalism. windstorm or hail; smoke; aircraft or (2) Vehicle collision, upset or overturn. vehicles; riot or civil commotion; Collision means accidental contact of vandalism; leakage from fire-extinguishing your vehicle with another vehicle or equipment; sinkhole collapse; volcanic object. It does not mean your action; falling objects; weight of snow, ice vehicle's contact with the roadbed. or sleet; water damage. (3) Theft of an entire bale, case or a. Sinkhole collapse means sudden package by forced entry into a sinking or collapse of land into securely locked body or compartment underground empty spaces created by of the vehicle. There must be visible the action of water on limestone or marks of the forced entry. dolomite. This cause of loss does not c. The most we will pay for loss or damage include: under this Extension is $5,000. (1) The cost of filling sinkholes; or This Coverage Extension is additional (2) Sinking or collapse of land into insurance. The Additional Condition, manmade underground cavities. Coinsurance, does not apply to this b. Falling objects does not include loss or Extension. damage to: 2. Water Damage, Other Liquids, Powder (1) Personal property in the open; or Or Molten Material Damage (2) The interior of a building or structure, If loss or damage caused by or resulting or property inside a building or from covered water or other liquid, powder structure, unless the roof or an or molten material damage loss occurs, we outside wall of the building or will also pay the cost to tear out and structure is first damaged by a falling replace any part of the building or structure object. to repair damage to the system or appliance from which the water or other c. Water damage means accidental substance escapes. This Coverage discharge or leakage of water or steam Extension does not increase the Limit of as the direct result of the breaking apart Insurance. or cracking of a plumbing, heating, air 3. Glass conditioning or other system or appliance a. We will pay for expenses incurred to put (other than a sump system including its up temporary plates or board up related equipment and system including openings if repair or replacement of its related equipment and parts), that is damaged glass is delayed. located on the described premises and b. We will pay for expenses incurred to contains water or steam. remove or replace obstructions when repairing or replacing glass that is part of a building. This does not include removing or replacing window displays. The Coverage Extension, F.3., does not increase the Limit of Insurance. G. Definitions 1. "Fungus" means type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi. Attachment G EXHIBIT E SAMPLE ONLY POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) and Description Of Completed Operations Orange County Board of County Commissioners Procurement Division 400 E. South Street Orlando, FL 32801 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or B. With respect to the insurance afforded to these organization(s) shown in the Schedule but only additional insureds, the following is added to with respect to liability for "bodily injury", or Section III-Limits of Insurance: "property damage" caused, in whole or in part by If coverage provided to the additional insured "your work" at the location designated and is required by a contract or agreement, the most we described in the Schedule of this endorsement will pay on behalf of the additional insured is the performed for that additional insured and included amount of insurance: in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Declarations; Whichever insured only applies to the extent permitted by is less. laws;and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable Limits of Insurance shown in the required by a contract or agreement, the Declarations. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG-20--10-07-04 Page 1 of 1 EXHIBIT F SAMPLE ONLY POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULE PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Orange County Board of County Commissioners Procurement Division 400 E. South Street Orlando, FL 32801 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II—Who is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds,the following additional exclusions organizations(s)shown in the Schedule,but only with apply: respect to liability for"bodily injury","property damage"or This insurance does not apply to"bodily injury"or property "personal and advertising injury"caused,in whole or in part, damage occurring after:: by: 1. All work,including materials,parts or equipment 1.Your acts omissions;or furnished in connection with such work,on the project(other 2.The acts or omissions of those acting on your behalf; than service,maintenance or repairs)to be performed by or on In the performance of your ongoing operations for the behalf of the additional insured(s)at the location of the additional insured(s)at the location(s)designated above. covered operations has been completed;or However: 2. That portion of"your work"out of which the injury or 1. The insurance afforded to such additional insured only damage arises has been put to its intended use by any person applies to the extent permitted by law;and or organization other than another contractor or subcontractor 2. If coverage provided to the additional insured is required engaged in performing operations for a principal as a part of by a contract or agreement, the insurance afforded to the same project. such additional insured will not be broader than that which you are required by the contract or agreement to C. With respect to the insurance afforded to these provide for such additional insured. additional insureds,the following is added to Section III-Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations;whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. EXHIBIT G SAMPLE ONLY WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name of Person or Organization: ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS PROCUREMENT DIVISION 400 E. SOUTH STREET ORLANDO, FL 32801 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned by WC 00 03 13 © 1983 National Council on Compensation Insurance,Inc. ORANGE COUNTY OWNER DIRECT PURCHASE PROVISION EXHIBIT H SAMPLE ONLY POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 0509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS PROCUREMENT DIVISION 400 E. SOUTH STREET ORLANDO, FL 32801 (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) The following is added to Paragraph 8, Transfer of rights of Recovery Against Others To Us of Section IV—Conditions: We waive any right to recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "Products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. EXHIBIT 2 ORANGE COUNTY OWNER DIRECT PURCHASE PROVISION 1. OBJECTIVE: To provide guidelines for Owner Direct Purchases (ODP) in order to realize the benefits of owner tax exempt status for the procurement of materials for incorporation into a public works project. 2. AUTHORITY: Pursuant to Florida Statutes, Section 212.08(6), and Florida Administrative Code, Number 12A- 1.094, Orange County Florida is exempt from Florida Sales Tax for the purchase of construction materials, supplies and/or equipment incorporated into a construction project. Under this program, the Florida Sales Tax rate of 6% shall apply to purchases of$5000.01 and above. For purchases of $5000 or less 6.5% shall apply. For example on a $100,000 purchase 6% sales tax would apply to the total purchase and the .5% would apply to the first $5000 only. Total sales tax saved on a $100,000 purchase would be $6025. 3. DIRECTION: The Owner has elected to exercise this right to direct purchase selected materials on all construction projects and such direct purchase shall be without any additional cost to the Owner. All bids are to be submitted with all applicable taxes included. The Contractor shall be fully responsible for all matters relating to the receipt of materials, equipment, supplies and furnishings, including but not limited to providing and obtaining all warranties and guarantees in favor of and for the benefit of the County for all materials, equipment, supplies and furnishings as required by the Contract. At the time of and subsequent to the delivery of such materials, equipment, supplies and furnishings, the County shall be liable for all loss or damage to materials, equipment, supplies and furnishings purchased pursuant to the owner direct purchase provisions. Notwithstanding the foregoing, the County shall be responsible for payment of the invoices issued by the supplier, vendor or subcontractor. The County shall retain the risk of loss of and damage to County furnished materials, equipment, supplies and furnishings for the purpose of receiving a tax exemption under Section 212.08(6), Fla. Stat, which meets the criteria in Rule 12A 1.094(4)(b)(1-4), Fla. Admin. Code, to determine if the County is the purchaser for the purposes of the tax exemption under Section 212.08(6), Fla. Stat. The procedures outlined here may change at any time without prior notice to Contractor. 4. TERMS -For the purpose of this document, the following terms are defined as: a. Change Order (CO): A written order authorizing a change in the scope of work, contract amount or contract time. (Attachment F) b. Contractor: A General Contractor (GC), Construction Manager (CM) or Design Builder. c. Orange County Board of County Commissioners, Orange County, Florida: OC or Owner. EXHIBIT 2 ORANGE COUNTY OWNER DIRECT PURCHASE PROVISION d. Owner Direct Purchase Order (ODP): A purchase order issued by the Owner directly to the Contractor's vendor for the purchase of materials exempt from sales tax. e. Owner Direct Purchase Procedures: Guidelines outlined in this document. f. Material: Any material, supplies, or equipment incorporated into an OC construction project. g. Letter of Indemnification: Agreement between Contractor and Owner that will undertake to indemnify Contractor from any and all liability for unpaid sales tax due to DPO. (Attachment E) h. Letter of Understanding: Agreement between Contractor and Owner that Contractor contractual duties remain the same insofar as the inspection, handling, storage, protection and installation of the direct purchase item into the work. (Attachment D) i. Purchase Requisition (PR): A request to purchase stated material or services for a quoted price. (Attachment A) j. Purchase Order (PO): A written authorization issued by the Owner for a vendor to delivery material or services at a specified price, which becomes a legally binding contract upon acceptance by the vendor. k. Vendor: A company supplying material to the Project, whether such provision includes installation or not. 1. Vendor List: A list provided by the Contractor of the vendors the Owner will direct purchase material from. 5. FUNCTIONS: The County reserves the right to require the Contractor to assign some or all of its subcontracts or other agreements with material suppliers directly to the County. This process will be referred to as ODP and is a method that may be utilized to create savings for the County. A. Initial Requirements. A purchase order may be awarded for supplies or materials without competition where such supplies or materials are being procured by the County as an ODP for incorporation into a public works project (as defined in Section 12A-1.094, 4c. of the Florida Department of Revenue, Florida Administrative Code), the contract for which was previously awarded by the County and which prior award included the cost of such supplies or materials. In such event, the County may procure the supplies or materials in compliance with the requirements of the Florida Department of Revenue, Florida Administrative Code Section 12A-1.094, as amended; for the direct purchase of materials and/or other tangible personal property that is incorporated into or becomes a part of a public facility pursuant to a public works contract, and that will not be used to furnish or equip the project in accordance with Section 12A-1.038(4) of the Florida Administrative Code, as amended. Under no circumstances shall any materials which will not be incorporated into the public works project be purchased by the County as ODP materials, including but not limited to, any consumables such as fuel or any equipment related to the public works project which will not be affixed or otherwise incorporated into the public works project such as reusable construction equipment. EXHIBIT 2 ORANGE COUNTY OWNER DIRECT PURCHASE PROVISION B. Procedural Requirements. The following steps are to be followed unless modified by the Manager of the Procurement Division, or designee, and may be enhanced based on individual project circumstances or at the discretion of the Manager of the Procurement Division: i. The price for all construction materials will be provided in the Contractor's bid. The Contractor's bid shall also include all Florida State Sales and other taxes normally applicable to such material. The County may consider purchasing any approved materials. ii. At any time upon the request of the County, the Contractor shall provide County with a list of all intended suppliers for such materials as specified by County for consideration for procurement by the County as ODP materials. The list shall include price quotes from the suppliers, as well as a description of the materials to be supplied, estimated quantities and prices. The Owner will purchase the material from Vendors selected by the Contractor for the price originally negotiated by the Contractor. iii. The Contractor shall be responsible for maintaining the project schedule and the execution of the terms and conditions of the ODP purchase order, including expediting the suppliers' delivery schedules. The Contractor shall assume all risk and remain fully responsible for all material incorporated into any project, directly purchased by the Owner or not. This will include, but not be limited to, insurance, theft, storage, damage during installation, coordination, quantities ordered, submittals, protection, scheduling, shipping, security, expediting, receiving, installation, cleaning and all applicable warranties, etc. iv. After receipt of the Purchase Requisition Form and all required documents, the County shall prepare a purchase order for all items of material which County chooses to purchase directly. The purchase order shall include the County's Consumer's Certificate of Exemption number and a copy of the Consumer's Certificate of Exemption, and a Certificate of Entitlement (See Attachment "B"). The County's purchase order shall be sent directly to the supplier by the County with a copy sent to the Contractor, including a copy of the Certificate of Entitlement. Pursuant to the purchase order, the supplier will provide the required quantities of material at the price established in the supplier's quote to the Contractor or subcontractor. v. In conjunction with the PR the Contractor shall submit the Letter of Understanding and a Letter of Indemnification. EXHIBIT 2 ORANGE COUNTY OWNER DIRECT PURCHASE PROVISION vi. In conjunction with the issuance by the County of Purchase Orders for ODP materials to suppliers, Owner shall submit a deductive change order to Contractor who shall execute and deliver to County deductive change orders, with a complete description referencing the full value of all ODP materials to be provided by each supplier from whom the County elected to purchase materials directly, plus all sales taxes associated with such materials in Contractor's bid to the County. vii. The Contractor shall be required to obtain consent from their Surety acknowledging that Surety's obligation under our Payment and Performance. Bond remains unmodified and in full force and effect, notwithstanding that Orange County has entered into a separate Purchase Order with (Supplier) for the direct purchase of the Materials that will be deducted and deleted from the Contract by the Deductive Change Order. This must accompany the deductive change order. viii. Notwithstanding the transfer of ODP materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all ODP materials. The transfer of possession of ODP materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the County and the Contractor. The County shall be considered the bailor and the Contractor the bailee of the ODP materials. Transfer of possession shall be deemed to occur immediately and automatically upon delivery of ODP materials to the County without notice from County to Contractor. ODP materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the project. While in Contractor's possession, Contractor shall handle and store all ODP materials in a manner consistent with the supplier's or manufacturer's instructions regarding handling and storage to ensure later installation of ODP materials in a sound and undamaged condition. ix. The County will make payment directly to the suppliers of the ODP materials. x. The Contractor shall purchase and maintain builders risk insurance sufficient to protect against any loss of or damage to ODP materials. Such insurance shall cover the full value of any ODP materials not yet incorporated into the work during the period between the time the County first takes title to any of such ODP materials and the time when the last of such is incorporated into the work. The Contractor shall purchase and maintain builders risk, "all-risk" insurance based on the completed value of the Project. The Contractor must name the County as additional insured on its policy with respect to all ODP materials and County shall be solely entitled to all proceeds related to the loss or damage of ODP materials. x i . The Contractor shall be required to review all invoices submitted to the County by suppliers of ODP materials and either concur or object to the County's issuance of payment to the suppliers, based upon Contractor's records of materials and any defects detected in such materials. EXHIBIT 2 ORANGE COUNTY OWNER DIRECT PURCHASE PROVISION The County shall directly pay all suppliers with respect to ODP materials purchased by the County. x i i. The Contractor shall ensure that ODP materials conform to all specifications contained in the contract documents. Contractor shall determine prior to incorporation into the work if such materials are patently defective, and whether such materials are identical to the materials ordered and match the description on the bill of lading. If the Contractor discovers defective or non-conformities in ODP materials upon such visual inspection, the Contractor shall not utilize such nonconforming or defective materials in the work and instead shall promptly notify the County of the defective or nonconforming condition so that repair or replacement of those materials can occur without any undue delay or interruption to the work. If the Contractor fails to perform such inspection and otherwise incorporates into the work such defective or nonconforming ODP materials, the condition of which it either knew or should have known by performance of an inspection, Contractor shall be responsible for all damages to County resulting from Contractor's incorporation of such materials into the work, including liquidated or delay damages. xiii. In order to arrange for timely payment to the suppliers of ODP materials, Contractor shall promptly submit to County within five (5) days of County's receipt of an invoice from a supplier (i) a copy of the applicable purchase order as receiving report, (ii) copies of the delivery tickets, (iii) written acceptance of the delivered items by the Contractor, and (iv) such other documentation as may be reasonably required by the COUNTY. Upon receipt of the appropriate documentation, the County shall prepare a check drawn to the supplier based upon the data provided by Contractor. This check will be made payable and remitted directly to the supplier. The Contractor agrees to assist the County to immediately obtain partial or final release of waivers as appropriate. xiv. The Contractor shall maintain records of all ODP materials it incorporates into the work. The Contractor shall account monthly to the County for any ODP materials delivered into the Contractor's possession, indicating portions of all such materials which have been incorporated into the work xv. The Contractor shall be responsible for obtaining and managing all warranties and guarantees for all ODP materials in the same manner and on the same terms as materials obtained by the Contractor as required by the contract documents. All repair, maintenance or damage-repair calls shall be forwarded to the Contractor for resolution with the appropriate supplier or subcontractor. EXHIBIT 2 ORANGE COUNTY OWNER DIRECT PURCHASE PROVISION The Contractor agrees and understands that it shall undertake all warranty enforcement and other related duties of the County for all ODP materials. Additionally, all ODP materials shall be warranted and guaranteed by the Contractor as part of the Contractor's warranty and guarantee of the work to the same extent and degree as other materials procured and provided to the work by Contractor. Contractor's warranty and guarantee duties shall be governed by and carried out pursuant to the terms of the contract documents. To that end, the Contractor expressly agrees it shall make no distinction in discharging such warranty and guarantee duties and obligations between ODP materials and equipment and materials otherwise supplied by the Contractor. xvi. The County shall in no way be liable for any interruption or delay in the public works project, for any defects or other problems with the public works project, or for any extra costs resulting from any delay in the delivery of, or defects in ODP materials. Contractor's sole or exclusive remedy shall be an extension of the time of completion of the public works project for such reasonable time as determined by County. 6. REOUIREMENTS FOR PURCHASE ORDER ISSUANCE: The Procurement Division will issue a Purchase Order to the intended supplier and a deductive change order will be prepared by the County's Project Manager to reduce the amount of the contract with the Contractor by the cost of materials purchased through ODP (including tax savings). Upon request from the County and in a timely manner, Contractor shall prepare a Purchasing Requisition Request Form which shall, in form and detail acceptable to County, specifically identify the materials which County, in its discretion, has identified and elected to purchase directly as ODP materials. The Purchasing Requisition Request Form shall include: a. the name, address, telephone number and a contact person for the material supplier; b. the manufacturer or brand, model or specification number of the item; c. quantity needed as estimated by Contractor; d. the price quoted by the supplier for the materials identified; e. any sales tax associated with such quote; f. delivery dates as established by Contractor; g. the PR and the quote must indicate FOB Destination or Job Site. The Owner will not pay shipping and handling charges. Upon receipt of a Purchase Order Request Form, the PM will initiate a requisition specifying price, quantity, delivery, material/equipment description, etc. and provide a copy of the Purchase Order Request form and all backup to the Procurement Division . Upon receipt of the electronic requisition, the Procurement Division will review all submittals and issue the purchase order. EXHIBIT 2 ORANGE COUNTY OWNER DIRECT PURCHASE PROVISION The original ODP purchase order, along with a copy of the County's Tax Exemption Certificate and the signed Certificate of Entitlement, will be either e-mailed or faxed and mailed to the material supplier; and a copy will be sent to the Contractor including a copy of the Certificate of Entitlement. 7. REOUIREMENTS FOR PURCHASE ORDER PAYMENT: a. Upon delivery of ODP materials to such locations as the County may designate, the Contractor shall visually inspect all shipments from suppliers, and sign off on all receiving reports for ODP material delivered or received. The Contractor shall assure that each delivery of ODP materials is accompanied by delivery tickets or such other documentation as is adequate to identify the purchase order against which the purchase is made. This documentation may consist of a delivery ticket and a copy of the invoice from the supplier conforming to the purchase order together with such additional information as the County may require. The Contractor will then forward the delivery tickets to the County to match up with the invoice for payment. The County shall be directly invoiced by the suppliers for all ODP materials. In the event that Contractor receives any invoices (other than copies of invoices the originals of which have been sent directly by the supplier to the County), Contractor shall not pay such invoice and shall immediately notify the supplier that the County must be directly invoiced on all ODP materials. b. Invoices for payment will be submitted by the materials supplier to the County. The purchase order number must be noted on all invoices. c. Except as expressly stated herein, Contractor shall be fully responsible for all matters relating to the procurement of ODP materials furnished by and incorporated into the public works project including, but not limited to, assuring the correct quantities, verifying documents and the placement of all orders in a timely manner, assuring coordination of purchases, providing and obtaining all warranties and guarantees required by the contract documents, and inspection and acceptance of the materials at the time of delivery. The Contractor shall coordinate delivery locations and schedules, sequence of delivery, loading orientation, and other arrangements normally required by the Contractor for the particular materials furnished. The Contractor shall provide all services required for the unloading, handling and storage of materials through installation. The County assumes the risk of loss of ODP materials from the time title to such material passes from the supplier at purchase, or upon delivery if allowed by Laws and Regulations. 8. REFERENCES: Attachment"A" - Owner Direct Purchase Requisition Form Attachment"B" - Certificate of Entitlement Attachment"C"—Consumers Certificate of Exemption Attachment"D" - Letter of Understanding Attachment"E" - Letter of Indemnification Attachment"F" - Change Order Form Attachment"G"—Example Consent of Surety EXHIBIT 2 DIRECT PURCHASE REQUISITION Project Name: Request No: It is requested that Orange County make arrangements for Direct Purchase by the County of the following item which is included in the work to be done by the Contractor pursuant to the requirements set forth in Contract#Y7-1099-RM ITEM (Brief Description): COST (Value) of item to be purchased: Total Cost (Value) including taxes and freight charges $ Amount of Florida State Sales Tax $ Direct Purchase Cost Less Florida State Sales Tax $ PURCHASE Directly from (Vendor): Vendor's Complete Company Name: Federal Employee Identification No.: Mailing Address: Contact Person: Position/Title: Telephone No.: Email Address: Purchase Deletion: This Direct Purchase is to be deleted by Change Order to the contract which has been executed between the Contractor and: Company/Trade/Sub Contractor Nai Trade/Sub Contract Execution Date REQUEST MADE BY: Construction Manager/General Contractor/Design Builder By: Title: Date: Attachment A CERTIFICATE OF ENTITLEMENT (For direct purchase of construction materials by a governmental entity pursuant to 212.08(6), F.S. and Rule 12A-1.094, F.A.C.) The undersigned authorized representative of Orange County Board of County Commissioners (hereinafter"Governmental Entity"), Florida Consumer's Certificate of Exemption Number 85- 8012622266C-O, affirms that the tangible personal property purchased pursuant to Purchase Order Number from (Vendor) on or after (date) will be incorporated into or become a part of a public facility as part of a public works Contract# Y with (Name of Contractor) for the construction of Governmental Entity affirms that the purchase of the tangible personal property contained in the attached Purchase Order meets the following exemption requirements contained in Section 212.08(6), F.S., and Rule 12A-1.094, F.A.C.: Initial each of the following requirements. 1. The attached Purchase Order is issued directly to the vendor supplying the tangible personal property the Contractor will use in the identified public works. 2. The vendor's invoice will be issued directly to Governmental Entity. 3. Payment of the vendor's invoice will be made directly by Governmental Entity to the vendor from public funds. 4. Governmental Entity will take title to the tangible personal property from the vendor at the time of purchase or of delivery by the vendor. 5. Governmental Entity assumes the risk of damage or loss at the time of purchase or delivery by the vendor. Governmental Entity affirms that if the tangible personal property identified in the attached Purchase Order does not qualify for the exemption provided in Section 212.08(6), F.S. and Rule 12A-1.094, F.A.C., Governmental Entity will be subject to the tax, interest, and penalties due on the tangible personal property purchased. If the Florida Department of Revenue determines that the tangible personal property purchased tax-exempt by issuing this Certificate does not qualify for the exemption, Governmental Entity will be liable for any tax, penalty, and interest determined to be due. I understand that if I fraudulently issue this certificate to evade the payment of sales tax I will be liable for payment of the sales tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony. Under penalties of perjury, I declare that I have read the foregoing Certificate of Entitlement and the facts stated in it are true. Carrie Woodell, MPA, CFCM, CPPO, C.P.M. Date CPPB,APP, Manager, Procurement Division Federal Employer Identification Number: Telephone Number: Attachment B You must attach a copy of the Purchase Order to this Certificate of Entitlement. Do not send to the Florida Department of Revenue. This Certificate of Entitlement must be retained in the vendor's and the contractor's books and records. Attachment B (Cont) ann0-:- ns:u.I: Consumer's Certificate of Exemption R 004ni irARrM,v'�r Issued Pursuant to Chapter 212,Florida Statutes Of REVENUE 85-8012622266C-0 10/31/2012 10/31/2017 COUNTY GOVERNMENT Certificate Number Effective Date Expiration Date Exemption Category This certifies that ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS 201 S ROSALIND AVE 4TH FL ORLANDO FL 32801-3527 is exempt from the payment of Florida sales and use tax on real property rented,transient rental property rented,tangible personal property purchased or rented,or services purchased. Important Information for Exempt Organizations R.X11 Ik PAREMENE Of REVENUE 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038,Florida Administrative Code(F.A.C.). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable,even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property,sleeping accommodations,or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property(Rule 12A-1.070,F.A.C.). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200%of the tax,and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. 6. If you have questions regarding your exemption certificate,please contact the Exemption Unit of Account Management at 800-352-3671. From the available options,select"Registration of Taxes,"then"Registration Information,"and finally"Exemption Certificates and Nonprofit Entities." The mailing address is PO Box 6480, Tallahassee,FL 32314-6480. Attachment C LETTER OF UNDERSTANDING CM/DB/GC , in its capacity as Construction Manager/Design Builder/General Contractor, agrees that the direct purchase of by Orange County, Owner, from , as Supplier/Vendor, does not in any way or manner diminish or modify the contractual duties of the Construction Manager/Design-Builder/General Contractor to the Owner insofar as the inspection, handling, storage, protection, and installation of the aforementioned direct purchase item into the Work is concerned and that such duties pertinent thereto as are set forth in the contract between CM/DB/GC, as Construction Manager/Design-Builder/General Contractor, and Orange County, as Owner, remain unchanged. ORANGE COUNTY CM/DB/GC BOARD OF COUNTY COMMISSIONERS By: By: Carrie Woodell, MPA, CFCM, CPPO, C.P.M. CPPB, APP, Manager, Procurement Division Name Typed Date: Title Attachment D LETTER OF INDEMNIFICATION The County does hereby undertake to indemnify (CM/DB/GC) from any and all liability for unpaid sales tax which the CM/DB/GC may suffer as a result of claims, demands, costs or judgments against the CM/DB/GC, made by or in favor of the State of Florida on occasion by any claim on account of failure of the CM/DB/GC to pay Florida State taxes on materials purchased by County under this Purchase Order. The County agrees to defend against any such claims or actions brought against the CM/DB/GC whether rightfully or wrongfully brought or filed. The CM/DB/GC agrees that it will promptly notify the County in writing of any such claim, demand or action. ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS CM/DB/GC By: By: Carrie Woodall, MPA, CFCM, CPPO, C.P.M. CPPB, APP, Manager, Procurement Division Name Printed Date: Title: Attachment E ORANGE COUNTY PROCUREMENT DIMON CHANGE ORDER REQUEST FORM IDATE DEPARIMENVOIVIDDIICONTACT NAME CONTACTPHOIE CHANCE OROM TABOR ooCRNIBITNO. 000c Poor CONTIVICE MINER aRN.RIRLOOCNallir lRONAI Na ■1laI1N/CRNan INCREASE,DECREASE OR DELETE COMMODITY UNE Heft MUM MR NM Ian ccommionvonn acrioniaa ADM MEM RO(MRAM MINT ROY101101016T ONS FROM ID num TO MIA To ADO COMMODITY UNE USW COMM 110100011YIRT :TROCAR 1011110comm NA 0.o.100lantle III AMMO. OF I�06T AN'm61i� IMF AA1AS ACOOLNTNG UNE CHANGE OTHER CHANGES ' Atlll MON NMI TO TO O0. MUM AMMO AONIw1i1NE ALA- 110:0011111161116 �� ENC RIOIR®/DE-ENOJOASERED(REQUIRED FOR ALL TNAfSACIIONS) NET 110110116 :T00106101 00161AL/WWODma_ ISY106Cp uncap BOOS ARMOUR CIO n Ar n sum= n A . n aONRACT CONTRACT AMOUNT eAlTMS mK=O 6rMoSA6101A AwAAAolur Na1ARRsgRA Cor acrlx 0 CANCEL ENDRE PD/DO n— n n•.. 0 snow" AN76TRSC/O 0 DD NOT MAR.VUIDOR COPY AKTiNXTNON pictuarW FOR ALL TRANSACTIONS) oristhis.RhsnmeK,Ike t .N►eeiy.BesetheCommiss!eistss.dtydgeesjsllisrsd.Rf.Aiha.srerlis4a..lt►/iaMs .rNtalik sfribmeser si//.rewhetasraeet.ilr Chi chow oinks_ VENDOR/CONTRACTOR AITTIHORQATON DATE OEPARIMBITAt+ROVAL SIGNATURE DATE O:�rC(Al P'PYOC i:Rf.%!t DrOYC VSf ON(Y mocummeir OIVd10N A/f'RNRML- pAg ADDTNEPOWWOW TNTDTOMO: TRACICNANGEk p TB [J NO OMNQANSARDAMOIMITO: ►s.yavm4q Attachment F MINE CHANGE ORDER REQUEST FORM CONTINUATION SHEET OMR ND. OOL7N�IR11� NU NCREASE,DECREASE OR DELETE CODMMOOMMY UNE OMS 11011101NDrMN61NL OdLM CO01RM 1N�0WE OLT000 YIRO0. 000AROVOUNIT 00YMAIOINE MDSE FROM TO FROM 10 FROM TO FROM 70 FROM 10 FROM TO FROM TO FROM 70 FROM 70 ADD COMMOIN Y UNE MOMO� MR MON0011A0 WOOL CODE AN O.0.MOIIM TMON AN MUNE YR COT- OF IDRCOQ ACOOINMMI MINK UNE NOM ACCOUNTING UNE CHANGE 01110t MANUS NOR =RA NDN NM 70 10 /IIR HECK NNW ACOOINIO01110 AIO1Nf ACOIfNMINO10E REORIOR -- 110. Rock Attachment F Date Contractor/Trade Contractor/Subcontractors Name Point of Contact Address Re:Orange County Project Name and Contract Number Please be advised that we have reviewed a copy of Deductive Change Order No. issued to (CM/DB/GC) and we acknowledge that its obligation under our Payment and Performance Bond remains unmodified and in full force and effect, notwithstanding that Orange County has entered into a separate Purchase Order with (Supplier) for the direct purchase of the Materials deducted and deleted from the Contract by the Deductive Change Order. Sincerely, (Name of Attorney in Fact for Surety) Attorney in Fact (Name of Surety) NOTE: Must be accompanied by effectively dated Power of Attorney Attachment G