2604ITB_-_Hazmat_Compliant_Steel_Storage_Building_(Addendum_#1_Revision).pdf

1. INTRODUCTION

The City of Daytona Beach is hereby soliciting responses from qualified contractors to manufacture, deliver, and install one (1) hazmat-compliant, custom steel storage building.

1.1. Summary

Bid Opening: The City will accept only online submittals through our Platform, https://procurement.opengov.com/portal/codb, accessible through the City’s website https://www.codb.us/841/Purchasing. All Bid Responses MUST be submitted through this Platform. No paper

Bids will be accepted. Interested parties may view the Bid Opening virtually. The link to the Bid Opening will be provided in the Timeline section in the #INTRODUCTION.

Participation: To view specifications, schedule, pose questions, receive addenda & notices, or submit an offer, visit https://codb.us/841/purchasing and click "Public Solicitation". Then click the 'PARTICIPATE' button at the bottom of the solicitation page. After clicking the participate button Bidder’s will be prompted to login or register the company. Clicking the participating button does not obligate the Bidder to submit a response. It is recommended that Bidders register and participate as soon as possible in order to stay informed on this

Solicitation. It is the Bidder's responsibility to stay informed of the latest announcements.

A Non-Mandatory Pre-Bid Conference will be held via Teams. Interested participants are urged to attend.

Details are provided in the Timeline.

Question Deadline: The deadline for questions is detailed in the Timeline section of the INTRODUCTION.

Questions must be submitted through the Platform using the Question & Answer tab. To ask a question click the Question and Answer tab, select the blue "Ask Question" button. Add a Subject, enter your questions, and then select the blue Submit Question icon.

Addenda/Revisions/Question & Answers: Participants shall review all revisions and answers to published questions before submitting an offer. The 'Question & Answer' feature is authoritative and shall be considered an addendum to the Solicitation. All published answers shall display in the Question and Answer tab. Make sure that the latest version of documents been reviewed as well as all public announcements.

Offer Term: Bids may be held by the City for a period not to exceed 60 days from the date of opening of Bids for the purpose of reviewing the Bid and investigating the qualifications of Contractors prior to awarding the

Contract.

Platform Support: Bidders shall contact OpenGov Procurement Support related to any inquiries related to the software. Bidders may contact Support via the blue chat bubble in the bottom right corner of an OpenGov

Procurement webpage or can reach out via email at procurement-support@opengov.com or via phone at (855)

680-4747.

Issue Date: Tuesday, October 14, 2025

1.2. Contact Information

Abigail Brock

Purchasing Agent

301 S. Ridgewood Ave.

Suite 146 https://procurement.opengov.com/portal/codb https://www.codb.us/841/Purchasing https://procurement.opengov.com/portal/codb/projects/170425/document?section=1566022

Invitation For Bid #2604ITB Title: 2604ITB - Hazmat Compliant Steel Storage Building

Daytona Beach, FL 32115

Email: brockabigail@daytonabeach.gov

Phone: (386) 671-8080 Ext: 8082

Department:

Public Works

1.3. Timeline

Release Project Date October 14, 2025

Pre-Bid Meeting (Non-Mandatory) October 22, 2025, 10:00am

Join the meeting now

Meeting ID: 234 220 730 175 9

Passcode: uz7Xw9j7

Dial in by phone

+1 312-667-7230,,551066308# United States, Chicago

Phone conference ID: 551 066 308# https://teams.microsoft.com/meet/234220730175

9?p=BJjva1bjDAshPY6dA3

Question and Request for Interpretation

Submission Deadline

November 4, 2025, 5:00pm

Proposal Submission Deadline November 11, 2025, 2:00pm

Join the meeting now

Meeting ID: 275 049 566 081 7

Passcode: Bs39TJ9e

Dial in by phone

+1 312-667-7230,,245881396# United States, Chicago

Phone conference ID: 245 881 396# https://teams.microsoft.com/meet/275049566081

7?p=OaGViyGosTRPDTOn3R

2. DEFINTIONS

mailto:brockabigail@daytonabeach.gov tel:(386)671-8080;ext=8082 https://teams.microsoft.com/meet/2342207301759?p=BJjva1bjDAshPY6dA3 https://teams.microsoft.com/meet/2342207301759?p=BJjva1bjDAshPY6dA3 https://teams.microsoft.com/meet/2750495660817?p=OaGViyGosTRPDTOn3R https://teams.microsoft.com/meet/2750495660817?p=OaGViyGosTRPDTOn3R

THESE TERMS ARE STANDARD FOR ALL SOLICITATIONS ISSUED BY THE CITY OF DAYTONA BEACH. THE

CITY MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE FOR A PARTICULAR SOLICITATION BY USE

OF SPECIAL PROVISIONS.

Certain terms used herein will have the following meanings. Note some defined terms are not relevant to this Solicitation:

2.1. DEFINITIONS

THESE TERMS ARE STANDARD FOR ALL SOLICITATIONS ISSUED BY THE CITY OF DAYTONA BEACH. THE CITY

MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE FOR A PARTICULAR SOLICITATION BY USE OF SPECIAL

PROVISIONS.

Certain terms used herein will have the following meanings. Note some defined terms are not relevant to this

Solicitation:

Addenda means written or graphic instruments issued prior to the end of the Offer Phase which clarify, correct, or change the Solicitation documents or Contract documents. Also means Addendum.

Bid means Solicitation Submission, or Proposal, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Bidder one who submits a response to a Solicitation; also means Proposer or Respondent.

City means The City of Daytona Beach, unless the context indicates otherwise, includes the City’s officers, employees, and agents.

Commodities means the supplies, materials, goods, merchandise, food, equipment, or other personal property, excluding real property, that the Bidder will be obligated to provide the City under any resulting Contract.

References to commodities shall mean goods.

Contract means the form Contract, if any, required by the City in order to integrate all terms and conditions therein, provided by the City for the Bidder’s execution and includes 1) the Solicitation documents 2) the Offer

Package, 3) the Resolution or Ordinance 4) all Purchase Orders issued pursuant to the Solicitation documents

5) all amendments that may after the date of award be executed by the Bidder and the City 6) any addenda 7) any other Solicitation Documents. Also means an Agreement to purchase Goods or Services or both, regardless of whether the agreement is reduced to a single written document.

Electronic Signature means the original signature transmitted and received via electronic transmission of a scanned document, (e.g., PDF or similar format) and are true and valid signatures for all purposes hereunder and shall bind the parties to the same extent as that of an original signature. Any such electronic counterpart shall be of sufficient quality to be legible either electronically or when printed as hardcopy. The City shall determine legibility and acceptability for public record purposes.

Florida Prompt Payment Act means F.S. §§ 255.0705—255.078, as amended from time to time.

Goods means the supplies, materials, commodities, merchandise, food, equipment, or other personal property, excluding real property, that the Bidder will be obligated to provide the City under any resulting

Contract. References to Goods shall mean Commodities.

Local Vendor means a person or business entity which has maintained a permanent place of business with full-time employees within the city limits for a minimum of six months prior to the date Offers were received for the purchase or Contract at issue, which generally provides from such permanent place of business the kinds of Goods or Services solicited, and which at the time of the Solicitation fully complies with state and local laws, including City zoning and licensing ordinances.

Notice of Intent to Award (NOI) means a written notice given by the City stating that staff is recommending award to the listed Proposer. It includes instructions for completing and submitting any Contract that accompanies the NOI.

Offer means Solicitation Submission, Bid, or Proposal, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Platform means OpenGov, the software currently used by the City. All communications regarding this

Solicitation will be posted at www.codb.us/841/purchasing through the Public Solicitations link. Bidders MUST submit Offers through the Platform. The Platform is utilized by the City and the Bidders to: 1) Allow Bidders to register and manage their company records, 2) Post and issue City Solicitation packages for Bidders from inception to award of a Solicitation, 3) Allow Bidders to submit an Offer Package online, electronically, through the Platform, 4) Allow Bidders to view all public record documents related to an online Solicitation.

Pricing Sheet means the area within the Platform where Bidders will provide their pricing response for the

Solicitation. Also known as Bid Schedule.

Proposal means Solicitation Submission, or Bid, submitted by a Bidder on the prescribed forms setting forth the prices for the work to be performed, and in the case of a Request for Proposals, the credentials, qualifications, and proposed project approach.

Proposer means one who submits a response to a Solicitation; also means Bidder or Respondent

Purchase Order means a written document to an awarded Proposer formalizing the terms and conditions of a proposed transaction.

Respondent one who submits a response to a Solicitation; also means Proposer or Bidder.

Responsible refers to a Proposer that has the necessary skills, ability, capacity, and capability to perform the work required under a Solicitation and is otherwise eligible for award.

Responsive means conforming in all respects to the Solicitation Package, except minor irregularities.

Services means a Proposer's ability to comply with promised delivery dates, specifications, and technical assistance. Also means the furnishing of labor, time, or other form of effort.

Solicitation means the group or collection of information that constitutes detailing the requirements and requesting responses or submittals from eligible Proposers. The information may be in the form of electronic documents, files, and information contained in data fields in the Platform.

Solicitation Deadline means the specific date a time that a Solicitation is due. No Offers will be accepted after this time.

Tabulation Sheet means the opening results of a Solicitation. The Proposer's name, City, and Offer Price will be recorded for Invitations to Bid.

Vendor means Contractor, Consultant, Respondent, Supplier or Proposer to whom the Contract is awarded.

3. SCOPE OF SERVICES

3.1. GENERAL

The City of Daytona Beach seeks a qualified Contractor to manufacture, deliver, and install one (1) hazmat-compliant custom steel storage building.

General specifications must contain, but are not limited to the following:

1. Material: Steel; heavy gauge

2. NFPA Signage - 704 Hazardous Rating.

3. Non-combustible

4. I-beam construction

a. Exterior Dimensions: 12’ x 10’ X 9’

i. One (1) 60” x 80” double door; self-closing hinges; key-locking

ii. Door located on a 12’ wide side

iii. Interior Dimensions: 11.5’ x 9.5’ X 8’

I. Interior coating; chemically resistant

II. Floor load rating of 500 psf.

5. Self-draining pitched roof

6. Permanent anchoring restraints

7. Grounding rod

8. Florida-approved drainable louvre

9. Natural ventilation

10. One (1) 6” spill containment sump

11. NEMA load center, all-weather containing individual component switches.

12. Exterior mounted fan with shutter assembly

13. Interior LED lighting.

14. 3-tiered leakproof shelving

a. Shelving located on three interior sides without door

Timeline and Delivery:

A. Contactor must coordinate and facility delivery to the City within 10 weeks from date of signed contract.

B. A Contractor warranty is not required.

C. The City will provide all site preparation services before delivery is anticipated and will take over building maintenance once delivered.

D. Contractor must furnish proof of hazmat compliance at time of bid submission.

4. INSTRUCTIONS TO BIDDERS

THESE INSTRUCTIONS ARE STANDARD FOR ALL BID SOLICITATIONS ISSUED BY THE CITY OF DAYTONA

BEACH. THE CITY MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR

A PARTICULAR SOLICITATION IN THE SPECIAL PROVISIONS SECTION.

4.1. BID DOCUMENTS

The Bid Documents consist of all published sections of this Solicitation including Attachments, Pricing Proposal and all other Forms to be completed and submitted by the Bidder, and all additional documents required to be completed and submitted by the Bidder as part of the Bid Submission.

In making copies of Bid Documents available, the City does so only for the purpose of obtaining Bids and does not confer a license or grant to use the Bid Documents for any other purpose.

Platform means OpenGov, the software currently used by the City. All communications regarding this

Solicitation will be posted at www.codb.us/841/purchasing through the Public Solicitations link. Bidders MUST submit Offers through the Platform.

The Platform is utilized by the City and the Bidders to:

1) Allow Bidders to register and manage their company records

2) Post and issue City Solicitation packages for Bidders from inception to award of a Solicitation

3) Allow Bidders to submit an Offer Package online, electronically, through the Platform

4) Allow Bidders to view all public record documents related to an Online Solicitation

4.2. COMPLETING THE BID

In order for the Bid to be considered complete:

A. The Pricing Proposal and all other Required Forms must be completed. All blank spaces must be completed.

B. All other information/documentation that is required to be submitted must be provided in the manner indicated.

C. Any extraneous documents or information submitted by the Bidder will be discarded. The Bidder will be asked to sign a written contract only if the City awards the contract to that Bidder.

D. Where the Pricing Proposal only calls for unit prices the Bidder must bid all unit prices as set forth in the Pricing Proposal unless Special Instructions are included in this Solicitation specifically allowing for partial or lot-by-lot Bids. If this Solicitation allows for partial or lot-by-lot Bids, the Bidder must comply with the Special Instructions in completing the unit prices set forth in the Bid Schedule.

E. The Bid Price will be stated in numerals.

F. The Bidder must not submit alternative Bids unless this Solicitation specifically authorizes alternate

Bids. If this Solicitation specifically allows the submission of alternate Bids, the Bidder must submit the standard and the alternative Bid in order to be considered responsive.

G. The Bid may not contain qualifications or exceptions of any kinds.

H. All other submittal requirements stated herein must be met.

4.3. REQUEST FOR INTERPRETATIONS

If the Bidder is in doubt as to the meaning of any of the Bid Documents included in this Solicitation, the

Bidder may submit a written request via the Platform. Such requests must be received by the Request for

Interpretations Deadline detailed in the Timeline section of the INTRODUCTION in order to be considered.

The City is not obligated to respond to such requests. Any clarification or interpretation issued by the City in the form of a public announcement, addendum, or answer to a question via the Platform and will be deemed to be a part of the Bid Documents. No oral clarification or interpretation will be binding.

QUESTIONS AND ANSWERS. All answers to material questions will be published on the Platform. Bidders are required to review all questions and answers within the Solicitation. Questions and answers are as authoritative as any information issued in a formalized addendum and incorporated into the Solicitation

Documents or any Contract resulting from this Solicitation.

4.4. ADDENDA TO BID DOCUMENTS

Prior to Bid opening, the City may on the City’s own initiative or in response to a request for clarification, furnish public announcements, addenda, or answers to questions submitted that relate to these

Instructions, the Bid Documents, and to any Drawings, Specifications, or other Contract Documents previously supplied by the City. In addition, the City may by announcement, addenda, or answer to a question, extend the date scheduled for Bid Opening.

The Purchasing Agent will make reasonable efforts through the Platform to notify all potential Bidders of the issuance of Addenda, announcement, or answer.

The Bidder is solely responsible for ensuring that the Bid submitted reflects all such Addenda, answers, or announcements.

4.5. SUBMISSION OF ONLINE OFFERS

The City will only accept Offers online through the Platform. No paper Offers will be accepted.

All electronic files uploaded must be in a common format accessible by software programs the City uses.

Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or

.xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Bidders will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Bidders will not disable or restrict the ability of the City to print the contents of an uploaded file.

Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Offer that does not meet the criteria stated in this paragraph.

4.6. AMENDMENT AND WITHDRAWAL OF BID PRIOR TO BID OPENING

The Bidder may amend or withdraw the Bid at any time prior to Bid opening. Mere negligence on the part of the Bidder in preparing the Bid does not constitute a right to withdraw the Bid subsequent to Bid opening.

4.7. DISQUALIFICATION OF BIDDERS

A. Only One Bid Permitted: The Bidder may submit only one Bid. If the Bidder submits more than one Bid for the work involved, all Bid proposals submitted from the Bidder will be rejected.

B. Collusion: If the City determines that collusion exists among Bidders, the City will reject the Bids of all participants in the collusion.

C. Public Entity Crimes: Failure to submit a correctly completely public entity crimes form. Pursuant to Section 287.133(12)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted Supplier list following a conviction for a public entity crime may not submit an Offer

(Bid Response) on a contract to provide any goods or services to a public entity, may not submit a bond on a contract with a public entity for the construction or repair of a public building or public work, may not submit an Offer (Bid Response) on leases of real property to a public entity may not be awarded or perform work as a Supplier, Contractor, 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 Section 287.017 for Category Two ($25,000) for a period of 36 months from the date of being placed on the convicted Supplier list

D. Scrutinized Companies List: If the Bidder is found to have submitted a false certification as provided by F.S. Section 238.175(5) or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector

List, the City will have the option to immediately terminate this Contract.

4.8. BID OPENING

The Bid Opening will be scheduled on the date and time specified in the Timeline section of the

INTRODUCTION for the Bid, or by any applicable Bid Announcement, Addenda, or answer that the City may issue. At the Bid Opening, the City will electronically open the Bid so long as it is proper and has been timely submitted. The Bid Tabulation will state the name of the Bidder and the Bid Price.

The Bidder is solely responsibility to ensure that the Bid is submitted via the Platform prior to Bid Opening.

Late Bids will not be accepted by the Platform.

Bid openings are broadcast live via Teams. Bidders who want to witness a Bid Opening may do so by logging on at the link in the Timeline section in the INTRODUCTION at the Bid Opening date and time.

4.9. BID AS OFFER; FIRM PRICING; NO GUARANTEES AS TO THE QUANTITIES

ORDERED

In submitting the Bid, the Bidder certifies that the Bidder is making a firm offer that will remain open for

60 days following Bid Opening. Extensions of time beyond the 60 day-period will only be by agreement of the City, the Bidder, and the surety for the Bidder.

In addition, if this Solicitation requests submission of unit prices: (i) all unit prices will be deemed to be held firm for the duration of the Contract, including any extension thereof, unless specifically authorized by the Contract Documents; and (ii) quantities stated are an estimate only and no guarantee is given or implied as to quantities that will actually be required during the contract period.

4.10. FEDERAL TAXES

The Bid price will be exclusive of all federal taxes. If the Bidder believes that certain other taxes are properly payable by the City, the Bidder may list such taxes separately in each case directly below the respective item Bid price. A tax exemption certificate will be furnished upon request.

4.11. BID PRICE INCLUSIVE OF COSTS

The SCOPE OF WORK is inclusive of all of the Bidder’s direct and indirect costs of performing the SCOPE

OF WORK.

4.12. BIDS AND PUBLIC RECORDS

Sealed Bids received by the City pursuant to this Solicitation will be temporarily exempt from disclosure in accordance with Florida’s Public Records Laws. Thereafter, Bids will be open for inspection by any person pursuant to Public Records Law.

If the Bidder believes that the Bid or any portion thereof is permanently exempt from disclosure under the public records laws, the Bidder must state the grounds for this position in CAPITAL LETTERS in a certified letter addressed to the Purchasing Agent and received at least 3 days prior to the Bid Opening.

The Bidder will be contacted prior to the opening of the Bid and a determination will be made as to whether or not it is exempt prior to opening. If a determination is made that it is not exempt from disclosure, the Bidder may in writing request the return of the sealed Bid.

4.13. BID OPENING RESULTS

The Bidder may secure information pertaining to Bid opening results on the Purchasing Division webpage https://www.codb.us/841/purchasing, or by emailing a request to purchasing@codb.us. Copies of preliminary tabulation sheets will be furnished upon request and receipt of a valid email address.

https://procurement.opengov.com/portal/codb/projects/170425/document?section=1566022 https://procurement.opengov.com/portal/codb/projects/170425/document?section=1566027 https://procurement.opengov.com/portal/codb/projects/170425/document?section=1566027

4.14. BIDDER CAPABILITY/REFERENCES

Prior to Contract award, the City may require Bidder to show that Bidder has the necessary facilities, equipment, ability, and financial resources to perform the work specified in a satisfactory manner and within the time specified.

In addition, the City may require Bidder to demonstrate that Bidder has experience in work of the same or similar nature as the work required herein, and to provide references satisfactory to the City.

4.15. REVIEW; BASIS OF AWARD

Bids will be reviewed in accordance with the procedures set forth in these Instructions to Bidders and the applicable provisions of the Purchasing Code, Chapter 30 of the Daytona Beach Code of Ordinances. Any contract awarded pursuant to this Solicitation will be made on the basis of the criteria for award of Bids provided in the Purchasing Code.

A link to the Code of Ordinances is available on the City’s web site, www.codb.us.

4.16. LOCAL VENDOR PREFERENCE

The Purchasing Code, Chapter 30, Code of the City of Daytona Beach provides for a preference to Local

Vendors whenever the application of such a preference is reasonable in light of the dollar-value of Offers received in relation to such expenditures.

As used in City Code, the term, “Local Vendors” means a person or business entity which has maintained a permanent place of business with full-time employees within the City limits of The City of Daytona Beach for a minimum of six months prior to the date Solicitations were received for the purchase or Contract at issue, which generally provides from such permanent place of business the kinds of Goods solicited, and which at the time of the Solicitation fully complies with state and local laws, including City zoning and licensing ordinances.

Pursuant to City Code, if the lowest Responsive Offer by a non-Local Vendor, and an Offer by a Local

Vendor is within 10% of the lowest Offer, then these two Bidder’s will each have the opportunity to submit a best and final Offer equal to or lower than the amount of the lowest Offer within five working days after

Offer opening. The Contract will be awarded to the Bidder submitting the lowest Responsive Offer or final

Offer. In case of a tie between a Local Vendor and a non-local Vendor the Contract will be awarded to the

Local Vendor.

If the Bidder intends to qualify as a Local Vendor, the Bidder must check YES to applicable question within

Required Forms and Documents Section. A Bidder who fails to check YES to this question submit it with the Offer Package, will not be further considered for local preference.

If the Bidder submits a properly completed Local Vendor affidavit as part of its Offer Package, the City reserves the right to verify that the Bidder meets the definition of Local Vendor, including by requiring the

Bidder to supply additional documentation. In all instances, the City will be the final arbiter as to whether the Bidder qualifies for local preference.

With certain exceptions, application of local preference is discretionary. For more information on how the

Local Preference may apply, see the Purchasing Code.

4.17. IDENTICAL TIE BIDS

If there are two or more low responsive Bids from responsible Bidders that are identical in price and other evaluation criteria, the tie will be awarded to the following in order of preference: a) the Bidder qualifying for local preference under Code 30-86; b) the Bidder in compliance with the drug free workplace certification requirements set forth in Florida Statutes 287.087; or c) the most responsible Bidder as defined under the City Code 30-82 (9)(c).

4.18. RIGHT TO ACCEPT OR REJECT BIDS

The City will reject Bids which contain modifications, qualifications, or exceptions, or which are incomplete, unbalanced, conditional, obscure, or which contain additions not requested, or irregularities of any kind, or which do not comply in every respect with these Instructions to Bidders and the Contract

Documents, unless the City in its sole discretion determines that the non-compliance is minor.

The City does not bind itself to accept the minimum Bid stated herein, but reserves the right to accept any

Bid, which in the judgment of the City will best serve the needs and interests of the City.

4.19. PIGGYBACK AUTHORITY

All Bidders awarded Contracts pursuant to this Solicitation are required to permit government agencies, cities, counties, and political subdivisions to participate in the Contract under the same prices, terms, and conditions except where allowance is made for differences in delivery costs.

4.20. CRA MAY AWARD PURCHASE ORDERS ISSUED PURSUANT TO CONTRACT

In the case of a continuing supply or service contract awarded pursuant to this Solicitation, if the funds to be used to pay for a portion of the supply or service are from redevelopment trust funds, the Community

Redevelopment Agency (CRA) is authorized to issue the purchase order corresponding to the supply or service instead of the City.

4.21. BIDDER RESPONSIBILITY FOR PREPARATION COSTS

Neither the City nor the City’s officers or agents will be liable for the costs incurred by the Bidder in reviewing or responding to this Solicitation.

4.22. POST-AWARD SUBMITTAL REQUIREMENTS

Within 15 business days after the City’s issuance of award, the Successful Bidder must submit each of the following:

A. A signed contract, using the form provided with or referenced by the notice of intent to award.

B. Proof of insurance, in accordance with the requirements of the Contract. See the Contract form for more information regarding insurance requirements.

C. Performance Security, as further described below, in an amount equal to 100% of the Contract

Price. The award is subject to cancellation and the Bid Security subject to forfeiture if this deadline is not met.

4.23. PUBLIC RECORDS

(a) To the extent applicable, CONTRACTOR will comply with the requirements of Florida Statutes Section

119.0701, which include the following:

(1) Keeping and maintaining public records that the CITY requires for performance of the service provided herein.

(2) Upon the request of the City Clerk of the CITY, (i) providing the City Clerk with a copy of requested public records or (ii) allowing inspection or copying of the records, within a reasonable time after receipt of the City Clerk’s request, at a cost that does not exceed the cost provided in Ch. 119, Florida Statutes, or as otherwise provided by law.

(3) Ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law until completion of this Contract, and following such completion if CONTRACTOR fails to transfer such records to the CITY.

(4) Upon completion of the work required by a specific work authorization, keep and maintain public records required by the CITY to perform the service. CONTRACTOR will meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY upon request from the CITY Clerk, in a format that is compatible with the CITY’s information technology systems.

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, CONTRACTOR MUST CONTACT THE CITY CLERK, WHOSE CONTACT INFORMATION IS AS FOLLOWS:

(Phone) 386 671-8023

(Email) clerk@codb.us

(Address) 301 S. Ridgewood Avenue

Daytona Beach, FL 32114

(b) Nothing herein will be deemed to waive CONTRACTOR'S obligation to comply with Section

119.0701(3)(a), Florida Statutes.

5. SPECIAL PROVISIONS

5.1. BIDDER QUALIFICATIONS AND REQUIRED SUBMISSIONS. Minimum

Qualifications

In order to be considered qualified to provide the requested Commodities, the Bidder must be able to obtain all required permits, must have an active, permanent, and successful operation for a minimum of three years prior to the date of submission of Offer, and must otherwise have sufficient organizational capacity, equipment, and facilities to provide the requested Commodities.

6. CONSTRUCTION GENERAL TERMS AND CONDITIONS

6.1. DEFINITIONS AND TERMS

A. Defined Terms.

1. Whenever used in the Contract the following terms have the meanings indicated, which are applicable to both the singular and plural thereof. If there is a discrepancy between these definitions and those in the beginning of the solicitation these meanings will supersede.

2. “50-Percent Completion” means the point at which the owner has expended 50% of the

Adjusted Contract Price.

3. “Adjusted Contract Price” means the Contract Price as set forth in the Contract, as previously adjusted by valid Change Order.

4. “Bid" means the offer of the Bidder.

5. “Bid Schedule” means the Bid Schedule submitted by Contractor with the Bid; unless

Contractor was the sole responsive bidder and the Parties have negotiated final pricing as part of the bid solicitation process pursuant to the Purchasing Code, in which instance the term means the Revised Bid Schedule included within the Contract Documents.

6. “Change Instrument” means a Field Directive or a Change Order.

7. “Change Order” means a written directive issued by the owner authorizing an adjustment in the Contract Price, the Contract Time, the scope of Work, or any other material term or condition of the Contract. When approved by the City Commission, a change order may be in the form of a formal amendment to this Contract.

8. “City Code” means the City of Daytona Beach Code of Ordinances.

9. “City Commission” or “Commission” means the City of Daytona Beach City Commission.

10. “City Manager” means the City Manager for the City.

11. “Commencement Date” means the date established in the Notice to Proceed upon which the Contract Time begins to run; or if no such date is provided in the Notice to Proceed, the date of the Notice to Proceed.

12. “Construction Contract form” means that part of the titled as “Project-Specific Construction

Contract” or something similar and signed by the Parties.

13. “Contract” includes all Contract Documents.

14. “Contract Administrator” means the individual specifically authorized to administer the

Contract on the owner’s behalf; provided, however that in all instances the City Manager may act as the Contract Administrator.

15. “Contract Price” means the total compensation due to Contractor for the Work to be performed under the contract, subject only to those adjustments provided in the Contract

Documents.

16. “Contract Time” means the total period of time stated in the Contract between the

Commencement Date and the deadline for Final Completion, subject only to those adjustments provided in the Contract Documents.

17. “Critical Path” means the longest series of tasks that runs consecutively from the beginning to the end of the Project, as determined by duration and workflow sequence. This longest path sets the managerial standard for how quickly the Project can be completed, given appropriate resources.

18. “Day” or “Days” means calendar days unless otherwise specifically noted in the Contract

Documents.

19. “Defective Work” or “Nonconforming Work” means Work that:

a. Does not conform to the requirements of the Contract;

b. Does not meet the requirements of any inspection, test, or approval as referred to in the Contract or as required by law;

c. Contains defects;

d. Represents a substitute for that required by the Technical Provisions, unless properly approved and authorized as provided in the Contract; or

e. Has been damaged or destroyed prior to Final Completion.

20. “Effective Date” means the date on which this Contract is approved by City Commission.

21. “E/A” (also, “Engineer/Architect”, “Architect, or “Engineer” as applicable ) generally means the professional licensed architect or engineer who develops the criteria and concept for the Project, performs the analysis, and is responsible for the preparation of the Technical

Provisions and Plans. The E/A may be the owner’s in-house staff or a consultant retained by the owner. No contractual relationship is created by this Contract between Contractor and the E/A.

22. “Equipment” means the machinery and equipment, together with the necessary supplies for upkeep and maintenance thereof, and all other tools and apparatus necessary for the construction and acceptable completion of the Work.

23. “Field Directive” means a written order prepared and signed by the owner, not involving a change in Contract Price or Contract Time, directing a minor change in the Work where a

Change Order is not required.

24. "Final Completion" means acceptance of the Work by the owner as evidenced by its signature upon the Certificate of Final Completion.

25. “Force Account” means a method for payment of additional Work that is based on

Contractor’s labor, equipment and materials costs with consideration for overhead and profit.

26. “Force Majeure Event” means conditions or other circumstances, such as acts of God, that:

(i) were not foreseen, and could not have been reasonably foreseen, by Contractor or the owner, (ii) are beyond the control of Contractor and the owner, and (iii) materially hinder or interfere with the ability of Contractor to prosecute the Work; provided, however, that no such condition or circumstance will be a Force Majeure event if it is the result of

Contractor’s fault, negligence, or material breach of this Contract. Examples of Force

Majeure events include wars, floods, strikes and labor disputes, unusual delay in transportation, epidemics abroad, earthquakes, and severe adverse weather conditions not reasonably anticipated.

27. “Hazardous Materials” has the meaning as provided by law.

28. “Legal Requirements” means, collectively, all applicable federal, state, and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi-government entity having jurisdiction over the Project or Site, the practices involved in the Project or

Site, or any Work. The term includes the City Code and other City ordinances and regulations.

29. “Materials” means goods or substances to be incorporated in the Work under the Contract.

30. “Milestone” means a significant event specified in the Contract Documents relating to an intermediate completion date or time prior to Final Completion of the Work.

31. “owner” means the City of Daytona Beach; or, if the form Contract so provides, the

Community Redevelopment Agency for the City. All references within the Technical

Provisions to the “City” (whether or not capitalized) are intended to refer to the “owner” unless logic dictates otherwise.

32. “Plans” means the plan documents prepared by the E/A and identified in the Table of

Contents or otherwise incorporated into the Contract, including reproductions thereof, showing the location, character, dimensions, and details of the Work. The term may also be referred to herein as “drawings,” “contract drawings,” “contract plans,” or similar terms; but not “shop drawings.”

33. “Project” means the subject of the Work and its intended result.

34. “Project Site” or “Site” means the land or premises on which the Project is located, and in addition any land and areas identified in and permitted for use by Contractor by the

Contract, subject to conditions that may apply such as for rights-of-way, permits, and easements.

35. “The Prompt Payment Act” means the Local Government Prompt Payment Act, F.S. § 218.70 et seq. (2014), as hereafter amended.

36. “Purchasing Code” means the provisions of Chapter 30 of the City Code.

37. “Referenced Standards” includes standards, standard details, specifications, manuals, regulations or codes of any technical society, organization or association, or of any governmental or quasi-governmental authority referred to in the Contract to describe the nature or quality of any of the Work, whether such reference be specific or by implication, and means the latest standard, standard detail, specification, manual, regulation or code in effect at the time of Bid opening, except as may be otherwise specifically stated in the

Contract.

38. “Resident Project Representative” means, where the E/A is a private firm or person under contract with the City to act as the E/A, the authorized representative of E/A assigned to the

Project Site; and in all other instances, the Contract Administrator.

39. “Risk Manager” means the Risk Manager for the City or designee; provided however, that the City Manager may act on behalf of the Risk Manager.

40. “Schedule of Values” means the written breakdown of the Contract Price by Construction

Specification Institute divisions or by other format acceptable to the owner, prepared by

Contractor for owner’s review and approval.

41. “Shop Drawings” means all drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor as required by this Contract.

42. “Site-Related Reports” means any environmental, geotechnical, subsoil, and related reports relating to conditions at the Project Site which were used or made available for the owner’s or E/A’s use in creating the Plans.

43. “Specifications” means the Technical Provisions and Plans.

44. “Stored Materials” means delivered materials or equipment that are located at the Project

Site, or with the owner’s approval at another location, and that have not yet been incorporated into the Work.

45. “Subcontractor” means a person or firm that under a direct contract with Contractor to perform a portion of the Work, and also unless logic dictates otherwise, sub-subcontractors and persons or firms doing work through such sub-subcontractors.

46. "Substantial Completion" means the completion of the Work, or an agreed upon portion of the Work, so as to allow the owner to occupy and use the Project or a portion thereof for its intended purposes.

47. “Sub-subcontractor” means a person or firm who has a direct or indirect contract at any tier with a subcontractor to perform a portion of the Work.

48. “Supplemental General Conditions” means that part of the Contract labeled as such and identified in the Table of Contents or otherwise incorporated into the Contract, that amends and supplements these General Conditions.

49. “Contractor” means a person or firm having a contract with Contractor or with any subcontractor of any tier to furnish materials to be incorporated in the Work.

50. “Technical Provisions” means those provisions of the Contract containing or referencing required technical specifications and standards. The term includes all such technical specifications and standards of other governmental jurisdictions, or professional association where referenced in the Contract, including any exceptions thereto regardless of whether these are attached to or enumerated within the Contract.

51. Whenever this Contract refers to but does not include a specific Technical Provision, the reference will be deemed to be to the version of the referenced Technical Provision included in the applicable City engineering or utility standard unless logic dictates otherwise.

52. “Unilateral Change Instrument” means a Change Instrument issued by the owner and not executed by Contractor.

53. “Unit Price Schedule” means the Bid Schedule.

54. “Working Hours” means 7:00 am through 6:00 pm, Monday through Friday excluding holidays designated by the City.

B. Abbreviations. The following abbreviations, when used in the Contract, represent the full text shown.

o AAN: American Association of Nurserymen, Inc.

o AASHTO: American Association of State Highway and Transportation Officials o ACI: American Concrete Institute o AGC: The Associated General Contractors of America, Inc.

o AGMA: American Gear Manufacturers Association o AIA: American Institute of Architects.

o AISI: American Iron and Steel Institute o ANSI: American National Standards Institute, Inc.

o APWA: American Public Works Association o AREA: American Railway Engineering Association o ASCE: American Society of Civil Engineers o ASME: American Society of Mechanical Engineers o ASTM: American Society for Testing and Materials o AWG: American Wire Gauge o AWPA: American Wood Preservers Association o AWS: American Welding Society o AWWA: American Water Works Association o CRSI: Concrete Reinforcing Steel Institute o DIPRA : Ductile Iron Pipe Research Association o EASA: Electrical Apparatus Service Association o EPA: Environmental Protection Agency of the United States Government o FDHR: Florida Division of Historical Resources o FEMA: Federal Emergency Management Agency o FDEP: Florida Department of Environmental Protection o FDOT: Florida Department of Transportation o FHWA: Federal Highway Administration o FSS: Federal Specifications and Standards o IEEE: Institute of Electrical and Electronics Engineers o IES: Illuminating Engineering Society o IFAS: Institute of Food and Agricultural Sciences o IMSA : International Municipal Signal Association o IPCEA: Insulated Power Cable Engineers Association o ISA: International Society of Arboriculture o ISO: International Organization for Standards o MPO: Volusia County Metropolitan Planning Organization o MSTCSD: Minimum Specifications for Traffic Control Signals and Devices o MUTCD: Manual on Uniform Traffic Control Devices o NACE: National Association of Corrosion Engineers o NEC: National Electrical Code o NEMA: National Electrical Manufacturers Association o NFPA: National Fire Protection Association o NIST: National Institute for Standards and Technology o NOAA: National Oceanic and Atmospheric Administration o NSPE: National Society of Professional Engineers o OSHA: Occupational Safety and Health Administration o SAE: Society of Automotive Engineers o SJWRMD: St. Johns River Water Management District o SI: International System of Units o SSPC: Society of Protective Coatings o UL: Underwriters' Laboratories o USACOE: United States Army Corps of Engineers o USGS: United States Geological Service o Each of the above abbreviations, when followed by a number or letter designation, or combination of numbers and letters, designates a specification, test method, or other code or recommendation of the particular authority or organization shown. Where the above-referenced abbreviations refer to a written standard, specifications, test method, or other code, the reference will be deemed to be the edition of the code promulgated at the time of

Bid opening.

C. Use of Terms.

1. Singular and Plural. The owner, E/A, Contractor, subcontractor, sub-subcontractor, Contractor, other contractors, surety, insurer and others may be referred to in the Contract

Documents as if singular in number. In the event that more than one person or entity occupies the position referred to and unless otherwise indicated, the term is interpreted to include all such persons or entities.

2. Technical Terms and Trade Usage. Terms in the Contract which have well-known technical or construction industry meanings and are not otherwise defined are used in accordance with such recognized meanings unless the context clearly indicates otherwise.

6.2. ORGANIZATION AND INTENT OF CONTRACT

A. Interpreting the Contract.

1. Order of Precedence. In cases of conflict or discrepancy among Contract Documents, interpretations will generally be based on the following order of precedence, ranked from highest to lowest priority:

a. Change Orders;

b. The Construction Contract form;

c. Supplemental General Conditions, if any;

d. General Conditions;

e. Technical Provisions;

f. Plans (figured dimensions will govern over scaled dimensions);

g. The Invitation to Bid and General and Supplemental Instructions to Bidders, including

Addenda thereto;

h. The Bid Schedule;

i. All other documents required to be submitted and submitted as part of Contractor’s Bid

Proposal; and

j. All other Contract Documents that are neither listed above nor expressly incorporated into one of the foregoing Contract Documents;

• with the understanding that a common sense approach will be used as necessary so that the Contract Documents produce the intended response.

2. Contract Documents Complementary. The Contract Documents are complementary, and what is required by one is as binding as if required by all. Anything mentioned in the

Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, are of like effect as if shown or mentioned in both.

3. Intent to Require Completed Project. The intent of the Contract Documents is to require that Contractor provide all materials and labor, including tools, equipment and supervision, necessary for the proper execution and completion of the Work as a functioning whole or required for a completed Project.

4. Work Required if Reasonably Inferable. Performance by Contractor is required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. Where no explicit quality or standards for materials or workmanship are established for the Work, the Work is to be of good quality for the intended use and consistent with the quality of surrounding Work which conforms to the requirements of the Contract Documents and to the standards for construction of the

Project generally.

5. Organization of Drawings and Specifications. Organization of the Drawings around professional disciplines such as civil, architectural, structural, plumbing, mechanical, and electrical, and of the Specifications into divisions, sections, and articles, does not control

Contractor in dividing the Work among sub-contractors or in establishing the extent of Work to be performed by any trade or excuse Contractor of its obligation to properly allocate and provide for the performance of all Work under the Contract.

6. Documents Excluded from the Contract.The Contract Documents do not include the Site-

Related Reports referenced herein or other documents issued or provided to Contractor for the information of Contractor or for reference purposes and which are not specifically incorporated in the Contract Documents.

7. Titles, Headings, and Capitalization. The titles and headings of the various sections and subsections of these General Conditions and other Contract Documents are intended only as a matter of reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents. The use, or inadvertent failure to use, capitalization of terms used in the Contract Documents is not intended to define or limit the meaning of the term.

8. Other Interpretive Rules.

a. Provisions of the Contract Documents that use the active voice-imperative mood writing style are directions to Contractor and are intended as commands. In such instance, the subject “the Bidder” or “Contractor” is understood.

b. Provisions of the Contract Documents that use the passive voice writing style are also directions to Contractor and intended as commands unless logic clearly dictates otherwise.

c. Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance…