CDBG-CV_Seville_Village_Improvement_Association_Historic_Gym_HVAC_Installation.pdf

INVITATION FOR BID

26-B-07IF

CDBG-CV SEVILLE VILLAGE IMPROVEMENT ASSOCIATION

HISTORIC GYM HVAC INSTALLATION

County of Volusia

123 W. Indiana Ave.

DeLand, FL 32720

RELEASE DATE: October 10, 2025

DEADLINE FOR QUESTIONS: October 30, 2025

RESPONSE DEADLINE: November 13, 2025, 3:01 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/volusia

County of Volusia

INVITATION FOR BID

CDBG-CV Seville Village Improvement Association Historic Gym HVAC

Installation

I. Introduction II. General Terms and Conditions

III. Additional Terms and Conditions for Construction Bids IV. Special Terms and Conditions V. Definitions

VI. Insurance Requirements VII. Scope of Work

VIII. Vendor Questionnaire IX. Pricing Table

Attachments:

A - Exhibit A - Insurance Requirements 26-B-07IF

B - Exhibit B - PRIME-SUB_FORM_for_Contractors - 26-B-07IF

C - Exhibit C - Special_Conditions 26-B-07IF

D - Exhibit D - Draft Contract 26-B-07IF

E - Exhibit E - Technical Specifications for the R.W._Kicklighter_-_Seville_Gym

F - Exhibit F - FEDERAL CONTRACT PROVISIONS (FEMA) 26-B-07IF

G - Exhibit G - Sales Tax Exemption Procedure 26-B-07IF

H - Exhibit H - CDBG_Supplemental_Conditions

I - Exhibit I - Instructions_for_Completing_Payroll_Form,_WH-

347_Updated_January_2025

J - Exhibit J - WH347_Certified_Payroll_Form_Updated_January_2025

K - Exhibit K -WD_Building_FL20230232_9.5.2025

Invitation For Bid #26-B-07IF Title: CDBG-CV Seville Village Improvement Association Historic Gym HVAC Installation

L - Exhibit L - MWBE_Information_&_Form

M - Exhibit M - Section_3_Information_&_Forms

N - Exhibit N - Bonding_Requirements_24_CFR_PART_85.36

1. Introduction

1.1. Summary

The County of Volusia has partnered with the Seville Village Improvement Association to add a new

HVAC system to the historic gymnasium. Funds have been provided through the federal Community

Development Block Grant – Cares Act (CDBG-CV). Awarded Contractor is required to submit a building permit for approval prior to construction.

This is a federally assisted project and is subject to Federal Labor Standards which include, the Davis-

Bacon Act (payment of prevailing wage rates) and the Copeland Act (anti-kickback of wages & submission of weekly certified payroll reports), as well as other provisions including 24 CFR 85.36

(bonding requirements), and Section 3 & M/WBE. Laborers and mechanics employed by primary contractors and sub-contractors performing construction work on this project shall be paid wages at rates not less than the prevailing rates as determined by the Secretary of Labor in accordance with the

Davis-Bacon Act. The prime contractor is responsible for the enforcement of wage compliance and support documentation for the duration of the project and may be held liable for wage restitution. The applicable information regarding the laws and regulations stated above are included in the bid packet.

RECEIPT OF PROPOSALS: Bids must be submitted via the County's eProcurement Portal. Bids are due before 3:00 pm on November 13, 2025.

The County of Volusia, Community Assistance is seeking a single, responsive and responsible bidder for the construction of Seville Village Improvement Association Historic Gym HVAC Installation located at

1591 US Highway 17, Seville, Florida 32190. The lowest responsive and responsible bidder shall be responsible for all applicable permitting, labor, materials, equipment, tools, transportation, services, and incidentals necessary to complete all Work required by the specifications and as shown on the drawings.

Contract No. C2056

Substantial Completion is one hundred fifty (150) days; and

Final Completion is one hundred eighty (180) days.

ESTIMATED CONSTRUCTION COST: $150,000.00

Notice: any addenda issued during the bidding process will be available via the County's eProcurement

Portal. It is the responsibility of all prospective Bidders to check the web site for any addenda prior to the opening of the Bid.

A PRE-BID MEETING will be held at 1591 US Highway 17, Seville, Florida 32190 at 10:00 am on Tuesday, October 21, 2025. While this is not mandatory, all interested parties are encouraged to attend and participate. It is the responsibility of the Bidder to become familiar with the site.

1.2. Background

Installation of a complete HVAC system including all mechanical, electrical, and ancillary systems required to provide adequate heating, cooling, and ventilation per the attached load calculations. The historic integrity of the gym shall be preserved to the greatest extent possible, with open ceilings maintained in their current state if allowable.

1.3. Contact Information

Inga Fegley

Senior Procurement Analyst

123 W Indiana Avenue

Room 302

DeLand, FL 32720

Email: ifegley@volusia.org

Phone: (386) 626-6623

Department:

Community Assistance

1.4. Timeline

Advertisement/Release Project Date October 10, 2025

Pre-Bid Meeting (Non-Mandatory) October 21, 2025, 10:00am

1591 US Highway 17, Seville, Florida 32190

Question Submission Deadline October 30, 2025, 11:59pm

Bid Opening November 13, 2025, 3:01pm

Microsoft Teams meeting

Join on your computer, mobile app or room device https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

Meeting ID: 213 233 692 064

Passcode: gPYNoU

Or call in (audio only)

+1 386-456-3387,,628672925# United States, Daytona Beach

Phone Conference ID: 628 672 925#

2. General Terms and Conditions mailto:ifegley@volusia.org tel:(386)626-6623 https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

2.1. Submission of Offers

The County of Volusia is requesting proposals for the service and/or product(s) detailed within this solicitation. If your company is interested in submitting a proposal to provide this service and/or product(s), please provide the requested information in this solicitation, complete the included forms, and submit these documents with your response through OpenGov Procurement, at https://procurement.opengov.com/portal/volusia, by the date and time posted. The submission of responses prior to the specified date and time is solely and strictly the responsibility of the Respondent.

Responses received after the posted date and time will not be considered. Additional information may be submitted with the response. No offer may be modified after acceptance. Terms and conditions differing from those in this solicitation may be cause for disqualification of the Response. Failure to provide the required information may result in the Response not being considered.

Responses submitted in OpenGov will remain locked and inaccessible by County purchasing staff until the Submission deadline.

Do not submit confidential information, proprietary information and/or trade secrets.

2.2. Obligation of Respondent to Inform Itself as to all Conditions Relating to Project

A. The Respondent, by and through the submission of its Response, agrees that it shall be responsible for having examined the site, the location of all proposed Work, and for having satisfied itself from experience or professional advice as to the character and location of the site, the nature of the ground, surface, and subsurface, the water elevations, location of buried utilities, and any other conditions surrounding and affecting the Work, any obstructions, the nature of any existing construction, and all other physical characteristics of the job, in order that it may include in the Response all costs pertaining to the Work and thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which may be encountered in doing the proposed Work.

B. Any records of contours, obstructions, and other subsurface investigations shown on the drawings or included hereinafter were made solely for design purposes for the Work; and the County and its Engineer do not warrant, guarantee, or represent that said data is correct with respect to actual subsurface conditions; therefore, the Respondent, by and through the submission of its Response affirms that it has made, or caused to be made, its own test holes and/or other investigations of such subsurface conditions, and/or that it has otherwise satisfied itself with respect to such conditions; and should the Respondent be awarded the Contract, it agrees that it shall make no claims against the County, County Engineer, or its consultants if, in carrying out the Work, it finds that the actual conditions do not conform to those indicated.

C. The Respondent, in preparing a Response, shall take into consideration that Work by other Contractors may be in progress at or near the site during the performance of the Work to which the Response relates and that it shall be expected, should it be awarded a Contract, to avoid interference with Work done by such other contractors and to coordinate its Work with other contractors at the site.

D. The Respondent shall be responsible for having determined to its satisfaction, prior to the submission of its Response, the nature and location of the Work, the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the ground water conditions, the character of equipment and facilities needed preliminary to and during the execution of Work, the general and local conditions and all other matters which can in any way affect the

Work under this Contract. The prices established for the Work to be done shall reflect all costs pertaining to the Work. Any claims for extras based on substrata or ground water table conditions will not be allowed.

E. Permits. Prior to submission of its Response, the Respondent shall review the section titled Permits of the General Conditions.

2.3. Respondent's Responsibility

The Respondent, by submitting a Response, represents that:

A. The Respondent has read and understands the Solicitation in its entirety and that the Response is made in accordance therewith;

B. The Respondent possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to the County;

C. The Respondent has made all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the full performance of the Agreement and to verify any representations made by the County of Volusia, Florida, upon which the Respondent will rely.

If the Respondent receives an award because of its Response, failure to have made such investigations and examinations will in no way relieve the Respondent from its obligations to comply in every detail with all provisions and requirements of the Agreement, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the

Respondent for additional compensation or relief; and, D. The Respondent will be held responsible for any and all discrepancies, errors, etc., in discounts or rebates which are discovered during the Agreement term or up to and including three (3) fiscal years following the County’s annual audit.

E. The Respondent shall examine the drawings, specifications, and other Contract Documents (as applicable) carefully and inform itself thoroughly regarding any and all conditions and requirements, including the construction schedule that may in any manner affect the Work to be performed under the Agreement. Ignorance on the part of the Contractor shall in no way relieve itself of the obligations and responsibilities assumed under the Agreement.

2.4. Revisions, Addenda, Questions & Answers

A. It is incumbent upon each Respondent to carefully examine the specifications, Scope of

Work/Service, terms, and conditions of this Solicitation and any attachments/exhibits. The posting of answers through the County's eProcurement Portal is the only official methods by which interpretation, clarification, or additional information can be given. Questions and exceptions concerning any section of this Solicitation and any attachments/exhibits shall be directed through the question and answer section of the County's eProcurement Portal.

B. If it becomes necessary for the County to revise or clarify any part of this Solicitation it will be updated on the County's eProcurement Portal by one of the following methods: the posting of answers to questions received; the revision of Solicitation language/documentation. It is each

Respondent's responsibility to check the County's eProcurement Portal for any posted answers, and/or Solicitation changes. Each Respondent shall ensure that they have reviewed all questions

& answers and/or changes to this Solicitation and any attachments/exhibits before submitting their Response. By submitting a Response, Respondents acknowledge that they have reviewed all posted answers, and/or Solicitation changes prior to the posted closing date and time.

C. Each answer issued by the County shall become a material part of this Solicitation. Answers posted by the County, and/or changes made to the Solicitation are authoritative and shall be considered an addendum to the Solicitation.

D. All information in this Solicitation, including information provided through the Question & Answer feature are incorporated into the Solicitation or any Contract resulting from this Solicitation.

E. Questions and exceptions shall be submitted before 11:59 pm on Thursday, October 30, 2025.

Thereafter, no further questions or exceptions will be accepted or reviewed by the County and

Respondents’ right to submit questions or exceptions will terminate and any questions or exceptions not previously made shall be deemed waived. Oral representations will not be binding on the County.

2.5. Substitutions

Prior to proposing any substitute material, product, item, or service, the Respondent shall satisfy itself that the material, product, item or Service proposed is, in fact, equal to that specified, that such material, product, item, or service affords comparable ease of operations, maintenance and service, that the appearance, longevity and that by reason of cost savings, reduced construction time, or similar demonstrable benefit, the substitution of such material, product, item or service will be in County’s interest.

The burden of proof of equality of a proposed substitution for a specified material, product, item or service shall be upon Respondent. The Respondent shall support its request with sufficient test data and other documents to permit County to make a fair and equitable decision on the merits of the proposal.

Respondent shall submit drawings, samples, data, certificates and any other pertinent documentation for proposed substitute materials. Any material, product, item or service by a manufacturer other than those specified, or of brand name or model number, or of generic species other than those specified, will be considered a substitution. County will be the sole judge of whether or not the substitution is equal in quality, utility and economy to that specified.

Approval of a substitution shall not relieve the Respondent from responsibility for compliance with all requirements of the Contract. Respondent shall bear the expense for any changes in other parts of the

Work caused by a substitution. Substitute materials or service proposed as substitutions for specified items shall be supported by certification of their approval for use by any or all governmental agencies having jurisdiction over use of the specified material or method. Substitutions may not be permitted in those instances where the product is intended to accommodate artistic design, specific function or economy of maintenance.

Should the Respondent wish to use any material, product, item or service other than those specified by brand or trade name, they shall, within fourteen (14) calendar days prior to the closing submit through

OpenGov a request for substitution accompanied by all data necessary for the County to determine whether the requested substitution is equal to the specified material, product, item or service. If the

Respondent fails to submit the written request within the specified time, no substitutions will be allowed.

The submission of a request to substitute a material, product, item or service incurs no obligation on the part of the County to accept such substitute or on the part of the County to construe such substitute to be an equal to that specified. The County will have a reasonable amount of time to review request for substitution. Should the substitute be acceptable to the County, an authorization will be posted in

OpenGov allowing the provision of the substitute material, product, item or service. No substitute will be allowed which will increase the Contract amount. Equivalent material, product, item or service may be subject to performance testing.

2.6. Brand Name or Equal

If items requested by this Solicitation have been identified in the specifications by a Brand Name “OR

EQUAL” description, such identification is intended to be descriptive and not restrictive and is to indicate the quality and characteristics of products that will be acceptable. Offers proposing “equal” products will be considered for award if such products are clearly identified in the offer and are determined by the

County to meet fully the salient characteristic requirements listed in the specifications.

Unless the Respondent clearly indicates in his/her offer that he/she is proposing an “equal” product, the offer shall be considered as offering the same brand name product referenced in the specifications.

If the Respondent proposes to furnish an “equal” product, the brand name of the product to be furnished shall be clearly identified. The evaluation of offers and the determination as to equality of the product offered shall be the responsibility of the County and will be based on information furnished by the

Respondent. The Purchasing and Contracts Division is not responsible for locating or securing any information which is not identified in the response and reasonably available to the Purchasing and

Contracts Division. To ensure that sufficient information is available the Respondent shall furnish as part of the response all descriptive material necessary for the Purchasing and Contracts Division to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the Respondent proposes to furnish and what the County would be binding itself to purchase by making an award.

2.7. Meets/Minimum Specifications

The specifications listed in the Scope of Work are the minimum required performance specifications for this Solicitation; they are not intended to limit competition nor specify any particular Respondent, but to ensure that the County receives quality services. The Respondent represents that all offers to this

Solicitation shall meet or exceed the minimum requirements specified.

2.8. Silence of Specifications

The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement.

2.9. Content of Solicitation/Response

The contents of this Solicitation, all terms, conditions, specifications, and requirements included herein and the accepted and awarded response thereto may be incorporated into an Agreement to purchase and become legally binding. Any terms, conditions, specifications, and/or requirements specific to the item or Service requested in this Solicitation shall supersede the requirements as specified in the General

Terms and Conditions and/or Special Terms and Conditions section(s) of this Solicitation.

2.10. Authorized Signatory

Respondent acknowledges that the name and title of the signatory (the “Authorized Signatory”), as completed, is authorized to execute contracts/agreements with the County of Volusia, and that submitting a Response via the County's eProcurement Portal shall be the act of and attributable to the

Authorized Signatory to bind the company. By submitting this Response electronically, the Authorized

Signatory does thereby adopt the electronic or conformed submittal as authorized firm commitment and for use as an official record by the County of Volusia.

2.11. Execution of Offer

Offer shall contain a signature in the space(s) provided of a representative authorized to legally bind the

Respondent to the provisions therein. All spaces requesting information from the Respondent or asking a question of the Respondent shall be completed.

2.12. Incurred Expenses

The County has no obligation to make an award as a result of this Solicitation, nor shall the County be responsible for any cost or expense which may be incurred by any Respondent in preparing and submitting a Response, or any cost or expense incurred by any Respondent prior to the execution of a Purchase Order or Contract/Agreement.

2.13. Disadvantaged Businesses

The County Council has adopted policies, which assure and encourage the full participation of

Disadvantaged Business Enterprises (DBE) in the provision of goods and services. The County encourages joint ventures between majority-owned firms and qualified disadvantaged, minority, and/or women-owned firms.

2.14. Financial Statement

The Respondent shall be prepared to submit a financial statement upon request, preferably a certified audit, but a third party prepared financial statement and the latest Dun & Bradstreet report will be accepted.

2.15. Licenses, Certificates, and Permits

A. The County reserves the right to require proof that the Respondent is an established business and is abiding by the ordinances, regulations, and laws of their community and the State of Florida, such as but not limited to: business tax receipts, business licenses, Florida sales tax registration, Federal Employers Identification Number, Registration with the Florida Department of State, Division of Corporations Sunbiz at www.sunbiz.org, AND;

B. The Respondent shall be required, upon notification of recommendation of award, to register with the Florida Department of State Division of Corporations at www.sunbiz.org in order to provide services under the resulting Agreement.

C. If a license is required, the Respondent shall be licensed to perform the required Work in accordance with the laws of the State of Florida and local ordinances. Respondent shall also verify that his/her Subcontractors are licensed to perform the Work in accordance with the laws of the

State of Florida and local ordinances.

D. If applicable, the Respondent shall have a current professional registration certificate from the appropriate governing board. The Respondent must be properly registered at the time of its submittal to practice their profession in the State of Florida.

E. At time of Response, Respondent shall hold the required licensure to be the prime Contractor for all Work to be performed under the resulting Agreement. If Respondent proposes to use a

Contractor to perform any Work under the resulting Agreement such Subcontractor shall hold the required licensure for all Work to be performed under the resulting Agreement. All licenses and permits required to perform Work under the resulting Agreement whether such license or permit is required by the federal government, State of Florida, Volusia County, or any municipality, shall be at Respondent’s sole cost and expense, and shall not be a cost of the County. All required licenses and permits shall be maintained in full force and effect during the term of the resulting

Agreement.

2.16. Use of County Logo

The County owns and retains all proprietary rights in its logos, trademarks, trade names, and copyrighted images (Intellectual Property). As such, nothing in this Solicitation permits or shall be construed as authorizing Respondent to use or display County's Intellectual Property on Respondent's submittal documents or proposal (including any exhibits attached thereto) submitted to County by or on behalf of

Respondent in response to this solicitation. The County has the right to redact the County Logo displayed on any Response.

2.17. Drug-Free and Smoke-Free Workplace

The County of Volusia is a drug-free and smoke-free workplace. Contractor agrees that its personnel and the personnel of each of its Subcontractors shall adhere to the County’s policies on drug-free and smoke-free work place during the term of this Contract while at a County job location.

2.18. Human Trafficking Attestation Pursuant to Section 787.06, Florida Statutes

A duly authorized officer or representative of the Respondent (non-governmental entity) shall complete the included Volusia Human Trafficking Attestation Form in compliance with Section 787.06(14), Florida

Statutes, (2025).

2.19. Scrutinized Companies-FL Statute Section 287.135 and 215.473

Contractormust certify that the company is not participating in a boycott of Israel. For Contracts for goods or services of one million dollars or more, Contractor must also certify that Contractor is not on the

Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan

List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has not been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law. The County will not contract for the provision of goods or services with (i) any company participating in a boycott of Israel, and, (ii) for Contracts for goods or services of one million dollars or more, any other scrutinized company as described above. Contractor must submit certification. Submitting a false certification shall be deemed a material breach of contract. The County shall provide notice, in writing, to the Contractor of the County's determination concerning the false certification. The Contractor shall have five (5) Calendar Days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the County's determination of false certification was made in error then the County shall have the right to terminate the Contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.

2.20. Debarment: Purpose and Intent

The County endeavors to solicit offers from, award contracts to, and consent to subcontracts with responsible vendors, consultants, and contractors only. To further this policy, the County asserts its authority to debar certain vendors, consultants, and contractors from participating in solicitations pursuant to the policies and procedures herein. The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the County’s protection and not for purposes of punishment. Debarment is intended as a remedy in addition to, and not in substitution of, the evaluation of the responsibility of County vendors, consultants, and contractors, and this policy and the procedures provided for herein shall not supplant or supersede County’s authority to reject or otherwise terminate vendors, consultants, or contractors based on findings of non-responsibility on a case-by-case basis. Further information regarding the County’s policies and procedures in regards to debarment may be found at:

https://www.volusia.org/core/fileparse.php/5896/urlt/Debarment-Policy-final-3-27-17.pdf

2.21. Local Preference

The County Council has established a policy to encourage participation of local businesses in the provision of goods and services. The County will endeavor to assist local businesses to achieve this goal.

https://www.volusia.org/core/fileparse.php/5896/urlt/Debarment-Policy-final-3-27-17.pdf

Effective January 1, 2012, Volusia County adopted a local preference ordinance. A Respondent or prime

Contractor which has a documented permanent location at least six (6) months prior to the Solicitation closing as stated in Volusia County Ordinance 2-269.5 in Brevard, Lake, Orange, Osceola, Seminole or

Volusia County (“Local”), shall be granted a preference of three percent (3%) of the total Solicitation price or quote. A Respondent which is a prime Contractor and is utilizing Subcontractors, and the Solicitation price or quote of the work to be performed by all Subcontractors, that qualify as a local business, constitutes fifty-one percent (51%) or greater of the total Work to be performed through subcontracting, a two percent (2%) preference will apply. In the event that a prime Contractor qualifies for a preference and Subcontractor qualifies for a preference, the preference shall not exceed a total of five percent (5%).

Preference shall not be given to Responses where the difference of the total Response price or quote exceeds twenty-five thousand dollars ($25,000.00) from the nearest competing Solicitation price or quote for that solicitation or if a county listed in 2-269.5 does not reciprocate, as stated in 2-269.5, the County will not offer a preference to this County.

This section does not apply to any purchase that is funded, in whole or in part, by an entity prohibiting local preference by grant agreement or applicable federal, state, or local law. Solicitations for emergency purchases subject to Section 2-275 of the Code are additionally exempt. All Respondents, including primeContractor and Subcontractors, awarded an Agreement as a part of this process must maintain its status as a local business through the term of the Agreement. Any Respondent, including prime Contractor and Subcontractors, awarded an Agreement as a result of this preference will be required to post any job openings for this project with agencies or organizations that may be identified by the purchasing director.

Noncompliance with the requirements of this section will be deemed as a material breach and may be subject to Agreement termination or disqualification from bidding on future projects.

2.22. County Facilities

County facilities are administrative facilities that provide services to the Volusia County public and any agencies that it serves. As such, activities in all buildings are critical to the provisioning of services to the public and shall not be interrupted by the Contractor’s Work activities.

2.23. Contractor's Personnel

During the performance of the Agreement, the Contractor agrees to the following:

A. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, or national origin, except when such condition is a bona fide occupational qualification reasonably necessary for the normal operations of the Contractor.

The Contractor agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

B. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, shall state that such Contractor is an Equal Opportunity Employer.

C. The Contractor shall be responsible for ensuring that its employees, agents, and Subcontractors comply with all applicable laws and regulations and meet federal, state, and local requirements related to their employment and position;

D. The Contractor certifies that it does not and will not during the performance of the Agreement employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Contract. The Contractor shall be responsible for including this provision in all contracts with Subcontractors related to this

Contract.;

E. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section;

F. The Contractorshall include the provisions of the foregoing paragraphs A, B, C, D, and E, above, in every subcontract or purchase order so that the provisions will be binding upon each

Subcontractor;

G. The Contractor and any Subcontractor shall pay all employees working on this Agreement not less than minimum wage specified in the Fair Labor Standards Act (29 CFR 510-794) as amended;

H. Any information concerning the County, its products, services, personnel, policies, or any other aspect of its business learned by the Contractor or personnel furnished by the Contractor in the course of providing services pursuant to the Agreement and exempt from disclosure pursuant to

Section 119.01, F.S., shall be held in confidence and shall not be disclosed by the Contractor or any employee or agents of the Contractor or personnel furnished by the Contractor, without the prior written consent of the County.

2.24. County/Contractor Relationship

A. Any awarded Contractor shall provide the services required herein strictly under a contractual relationship with the County and is not, nor shall be, construed to be an agent or employee of the

County. As an independent Contractor the awarded Contractor shall pay any and all applicable taxes required by law; shall comply with all pertinent federal, state, and local statutes including, but not limited to, the Fair Labor Standards Act, The Americans with Disabilities Act, the Federal

Civil Rights Act, and any and all relevant employment laws. The Contractor shall be responsible for all income tax, FICA, and any other withholdings from its employees' or Subcontractor’s wages or salaries. Benefits for same shall be the responsibility of the Contractor including, but not limited to, health and life insurance, mandatory Social Security, retirement, liability/risk coverage, and workers' and unemployment compensation.

B. The Contractor shall hire, compensate, supervise, and terminate members of its work force; shall direct and control the manner in which Work is performed including conditions under which individuals will be assigned duties, how individuals will report, and the hours individuals will perform.

C. The Contractor shall not be provided special space, facilities, or equipment by the County to perform any of the duties required by the Agreement, nor shall the County pay for any business, travel, or training expenses or any other Agreement performance expenses not explicitly set forth in the specifications.

D. The Contractor, except as expressly set forth herein, shall not be exclusively bound to the County and may provide professional services to other private and public entities as long as it is not in direct conflict and does not provide a conflict of interest with the services to be performed for the County.

2.25. Performance of Work by Subcontractors

The Respondent shall submit with their Response the names, addresses, dollar value of overall project, percent of overall project with dollar value of their Subcontractor together with the services they will supply (see Prime/Sub Form). These Subcontractors will be subject to review as to their competency prior to award of Contract, and shall be one of the considerations in determining the lowest responsible

Respondent as defined hereinafter. After award of Contract, no change in Contractor shall be made unless approved by the County in writing by reason of financial distress or County deemed performance issues. If this form is not completed and submitted along with the entire proposal at the time and date of the closing of the Solicitation, Respondent may be deemed non-responsive.

2.26. Right to Require Performance

A. The failure of the County or Contractor at any time to require performance by the other of any provision hereof shall in no way affect the right of the County or Contractor thereafter to enforce same, nor shall waiver by the County of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.

B. In the event of failure of the Contractor to deliver services in accordance with the Agreement terms and conditions, the County, after due written notice, may procure the services from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the County may have.

2.27. Payment of Subcontractors

Contractor shall save and hold the County harmless from any and all claims or actions by their

Contractor(s) for payment of monies such Contractor claims to be owed by Contractor for Work performed under a Contract. Nothing in a Contract shall create any obligation on the part of the County to pay directly to any Subcontractors any monies due for Work performed under a Contract.

2.28. Opening

Pursuant to Section 119.071, Florida Statutes, responses and the completed tabulation will be available for inspection within thirty (30) days of Solicitation opening. Contact the Purchasing and Contracts Office during regular business hours to inspect responses and the completed tabulation or go to the County's eProcurement Portal for inspection of the completed tabulation. The foregoing notwithstanding, if, prior to the County’s making responses available for inspection, the County rejects all responses and concurrently provides notice of the County’s intent to reissue the solicitation, then the County may avail itself of the exemption for rejected responses set forth in Section 119.071, Florida Statutes, to the extent such Section may apply.

Solicitation openings and public meetings may be attended either in person or remotely. Solicitation openings may be accessed remotely as described in the introduction timeline section of this Solicitation.

In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the County’s ADA Coordinator at 386-248-1760 for assistance at least two (2) business days before any meeting date.

Assisted listening system receivers are available for the hearing impaired and can be obtained from the

Deputy Clerk by contacting the County’s ADA Coordinator at 386-248-1760. Read the full ADA Notice under The American with Disabilities Act (Title II), atwww.volusia.org/core/fileparse.php/4175/urlt/ADANotice.pdf. Read the County of Volusia Grievance

Procedure under The Americans with Disabilities Act (Title II).

2.29. Consideration of Responses

A. For the purpose of award, after the Responses are unsealed and read, the correct summation of the lump sum prices and/or of the products of the estimated quantities shown in the Response and the unit prices will be considered the Response. The amounts will then be compared and the results of such comparison made available to the public. Until the final award of the Contract, the right will be reserved to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interest of the County.

B. Responses which contain modifications, incomplete, unbalanced, conditional, obscure, or which contain additions not requested, or irregularities of any kind, or which do not comply in every respect with the instructions to Respondents and the Contract documents may be rejected at the option of the County. The County does not bind itself to accept the minimum Response stated herein, but reserves the right to accept any Response, the County deems to be the lowest responsive and responsible Respondent, and which in the judgment of the County will best serve the needs and interests of the County.

2.30. Construction Pricing

A. The Response bid price for each item shall be on a lump sum or unit price basis according to the

Solicitation requirements.

B. The total Response bid price for the Work shall be the total lump sum and/or unit prices multiplied by the appropriate estimated quantities for the individual items and shall be stated in figures in the appropriate place on the Bid form. In the event that there is a discrepancy on the Bid form due to unit price extensions or additions, the corrected extensions and additions shall be used to determine the project Bid amount. All Bids shall remain firm for one hundred twenty (120) days after the day of the Bid opening, but the County may, in its sole discretion, release any Bid and return the Bid security prior to that date. Extension of time when Bids shall remain opened beyond https://www.volusia.org/core/fileparse.php/4175/urlt/ADANotice.pdf the one hundred twenty days may be made only by mutual agreement between the County of

Volusia, the low Respondent, and the surety, if any, for the low Respondent.

C. Should the County require Payment and Performance Bond, the cost of such bonds shall be added to the Contract price for purpose of Contract award.

D. If an item is not provided in the pricing section for a specific item in the drawings and specifications, it shall be presented to the County prior to the Solicitation opening. If an item is not included to meet the criteria in the drawings and specifications, it does not relieve the

Contractor from providing the Project as described in the drawings and specifications.

2.31. Interpretation of Quantities

In the case of unit price items, the quantities of Work to be done and materials to be furnished under this

Contract in the pricing section are to be considered as approximate only and are to be used solely for the comparison of Responses received. The County and/or its Engineer do not expressly or by implication represent that the actual quantities involved will correspond exactly therewith; nor shall the Respondent plead misunderstanding or deception because of such estimate or quantities or of the character, location, or other conditions pertaining to the Work. Payment to the Contractor will be made only for the actual quantities of Work performed or material furnished in accordance with the drawings and other Contract documents, and it is understood that the quantities may be increased or diminished as provided in the general conditions without in any way invalidating any of the unit or lump sum prices.

2.32. For purposes of this Solicitation and evaluation of responses hereto the following shall apply:

Unit prices shall prevail over extended prices; written matter shall prevail over typed matter; numbers spelled in word form shall prevail over Arabic numerals (“one” over “1”). When not inconsistent with context words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

2.33. Clarification, Correction of Entry, Minor Irregularities

The County of Volusia reserves the right to allow for the clarification of questionable entries and the correction of obvious mistakes. The County reserves the right to waive minor irregularities in Responses, providing such action is in the best interest of the County. Minor irregularities are defined as those that have no adverse effect on the County’s best interests, and will not affect the outcome of the selection process by giving the Respondent an advantage or benefit not enjoyed by other Respondents.

2.34. Withdrawal of Response

A Response may be withdrawn i) prior to the Solicitation opening via the County's eProcurement Portal or ii) after one hundred twenty (120) days from Solicitation opening. In the second instance (‘ii’), this only applies to Respondents notified by the County in letter form that their Response will not be accepted.

2.35. Acknowledgement of Solicitation Tabulation

All responses accepted by the County of Volusia are subject to the County's terms and conditions. Any and all additional terms and conditions submitted by Respondent(s) are rejected and shall have no force and effect. Responses from the Respondent(s) listed on the tabulation are the only Responses received timely as of the closing date and time. All other Responses submitted in response to the solicitation, if any, are rejected as late.

2.36. Award of Construction Bid

A. The County reserves the right to reject any or all Responses, or any part of any Response, to waive any informality in any Response, or to re-advertise for all or part of the Work contemplated. The

County reserves the right, prior to award of Contract, to delete from the scope of the project any item or any combination of items the aggregate bid prices for which do not exceed twenty-five percent (25%) of the total price for the project. If Responses are found to be acceptable by the

County, written notice will be given to the lowest responsive and responsible Respondent of the acceptance of their Response and the award of a Contract.

B. The County is therefore not bound to accept a proposal based only on lowest price. In addition, the County has the sole discretion and reserves the right to cancel this Solicitation, to reject any/all Responses, to waive any/all informalities and/or irregularities, or to re-advertise with either the identical or revised technical specifications, if it is deemed to be in the best interest of the County to do so. Nothing prohibits the County from rejecting/resoliciting when Responses exceed budget.

C. If a Respondent, to whom a Contract is awarded, forfeits his/her Proposal Bond and the award of the Contract is annulled, the County may then award the Contract to the next lowest responsive and responsible Respondent or the work may be re-advertised or subcontracted by the County.

D. The Contract will be awarded to the single, lowest responsive and responsible Respondent complying with the applicable conditions of the Contract documents. The Architect/Engineer and

County will review the Responses to evaluate whether or not the Responses conform to the criteria established. In determining the lowest responsive and responsible Respondent, in addition to those noted in the Contract documents, each Response will be evaluated for conformance using the following criteria:

1. Respondent conforming in all material respects to the requirements and criteria set forth in the Solicitation (Responsive).

2. In general, Respondent shall have the capability in all respects to perform fully the Contract requirements and tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will ensure good-faith performance. The Response shall be of the greatest benefit to the County of Volusia as it pertains to the following (Responsible):

a. Total cost;

b. A permanent place of business;

c. Ability, capacity, skill and sufficiency of resources (including financial) of the Respondent to perform the Contract;

d. Successful contractual and technical experience in similar work to successfully manage the diversity and complexity of items associated with Project. ;

e. Qualifications of Contractors for whom each Respondent plans to use (including those who are to furnish the principal items of material or equipment). Additionally, each

Respondent shall produce satisfactory evidence of all Contractors he/she proposes to use hold valid state, county, and local licenses or certificates of competency, if required by the project, covering all operations and all areas of political jurisdiction involved in the

Work of this Contract;

f. Proportional amount of the Work the bidder intends to perform with its own firm as compared with the portion it intends to subcontract;

g. Qualified performance of the Respondent on previous contract, including, but not limited to, the Respondent’s ability to perform projects within the time specified in the contracts;

compliance with laws and ordinances relating to the contract; quality, availability, and adaptability or professional or contractual services to the particular use required; and

h. The ability of the Respondent to provide future maintenance and service, if required.

E. The County reserves the right to reject the Response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time; and

F. The ability of any Respondent to obtain a Payment and Performance Bond shall not be regarded as the sole test of such Respondent’s competence or responsibility.

2.37. Disqualification of Respondents

A. One (1) Response: Only one (1) Response from an individual firm, partnership or corporation under the same or under a different name will be considered. If a Respondent submitted more than one (1) Response for the Work involved, all Responses submitted from such Respondent will be rejected.

B. Collusion among Respondents: If it is believed that collusion exists among the Respondents, the

Responses of all participants in such collusion shall be rejected and no participants in such collusion will be considered in future proposals for the same Work.

2.38. Contract/Agreement

The contents of this Solicitation and all provisions of the successful proposal deemed pertinent by the

County may be, at the sole discretion of the County, incorporated into an Agreement and become legally binding on the selected Respondent. The content of the Agreement may contain changes as a result of the Solicitation process and the content of the submittal received.