Fire_Station_98_Bunk_Room_Remodel.pdf

BID DOCUMENTS

FOR

CITY OF SOUTH DAYTONA

Fire Station 98 Bunk Room Remodel

1672 South Ridgewood Ave.

South Daytona, Florida 32119

Telephone: (386) 322-3014

Bid No. 26-ITB-001

Tuesday, October 7, 2025

Invitation To Bid (“ITB”) No. 26-ITB-001

Table of Contents

1. INVITATION TO BID

2. PURPOSE AND OVERVIEW

3. INSTRUCTIONS TO BIDDERS

4. SCOPE OF WORK / BID SPECIFICATIONS

5. STANDARD PURCHASE DEFINITIONS

6. GENERAL TERMS AND CONDITIONS

7. SPECIAL CONDITIONS

8. PRICING PROPOSAL

9. BID FORM

10. ATTACHMENTS

Attachments:

A - STANDARD AGREEMENT FOR SERVICES

SECTION 1: INVITATION TO BID

BID NO. 26-ITB-001

Notice is hereby given that the City of South Daytona is soliciting bids for BID NO. 26-ITB-001, Fire

Station 98 Bunk Room Remodel. Bids are to be submitted via the e-Procurement Portal at https://procurement.opengov.com/portal/southdaytona. Bids will be accepted until 2:30 pm on Friday, October 24, 2025, at which time bids will be opened in the Council Chamber Room and publicly read aloud. Bids received after the above time and date will be returned unopened. All Bids will be evaluated to ensure they contain all required forms in order to deem the Bidder responsive or non-responsive.

DESCRIPTION OF WORKBunk Room Renovation

PRE-BID CONFERENCE:

There will be a Non-Mandatory Pre-Bid Conference for the project on Thursday, October 16, 2025 at

10:00 am at Fire Department 1672 S Ridgewood Avenue, South Daytona, Florida 32119. If mandatory, all attendees to the Pre-Bid Conference must sign in. The representative of each Vendor shall be an authorized employee of the Vendor and shall sign in accordingly.

All work is specified within the Bid Documents. A digital copy of the Bid Documents may be obtained at no charge via electronic mail by making a request to the Deputy City Clerk at bwitte@southdaytona.org.

The documents will also be made available at the Office of the City Manager located inside City Hall at

1672 South Ridgewood Avenue, South Daytona, Florida. Any addenda to these documents will be posted on the City of South Daytona's Portal (https://procurement.opengov.com/portal/southdaytona). It is the bidder’s responsibility to confirm that all addenda have been received prior to submitting a proposal in response to this request.

The City reserves the right to reject any or all bids, and the award, if award is made, will be made based on the following evaluation factors and the bidder whose qualifications indicate the award will be in the best interest of the City and whose proposal complies with all the prescribed requirements. The selection committee will present top ranked firm to City Council for approval.

Bids shall be:

A. Submitted on standard forms which will be furnished with the Bid/Project Manual;

B. Irrevocable after the time and date set for the opening of bids and for a period of 90 days thereafter;

C. Respondents will submit bids through the e-Procurement Portal at https://procurement.opengov.com/portal/southdaytona.

https://procurement.opengov.com/portal/southdaytona mailto:bwitte@southdaytona.org

By/s James L. Gillis, Jr.

City Manager

SECTION 2: PURPOSE AND OVERVIEW

Purpose

South Daytona Fire Rescue (SDFR) seeks to remodel the existing bunk room at Fire Station 98

SECTION 3: INSTRUCTIONS TO BIDDERS

Firms or companies (Vendor) desiring to provide services, as described herein shall submit sealed bids, including one original copy in conformance with the detailed submittal instructions.

TIMELINE (Local Time):

The City reserves the right to modify these timelines and schedules at any time for any reason.

Release Project Date: October 7, 2025

Pre-Bid Conference (Non-Mandatory): October 16, 2025, 10:00am

Fire Department 1672 S Ridgewood Avenue, South Daytona, Florida 32119

Question Submission Deadline: October 20, 2025, 2:30pm

Response Submission Deadline: October 24, 2025, 2:30pm

Selection Committee Meeting (tentative date):

October 27, 2025

Staff Recommendation to the City Council: November 11, 2025

ELECTRONIC SUBMISSION INSTRUCTIONS:

Bids must be submitted to the portal via https://procurement.opengov.com/portal/southdaytona.

Sealed Bids must be submitted no later than the date and time listed in the Timeline above. All times referenced are local time.

Offers by telephone, email or telegram shall not be accepted. Also, Vendors are instructed NOT to fax their bid package. Faxed bids shall be rejected as non‐responsive regardless of where or when the fax is received.

Bids will be opened publicly, and the names of all Vendors shall be read aloud.

The City of South Daytona reserves the right to reject any or all Bids or parts of Bids if it is in the best interest of the City.

PRE-BID CONFERENCE:

There will be a Mandatory Pre-Bid Conference for the project on Thursday, October 16, 2025 at 10:00 am at the Fire Department 1672 S Ridgewood Avenue, South Daytona, Florida 32119. If mandatory, all attendees to the Pre-Bid Conference must sign in.

EXAMINATION OF CONTRACT DOCUMENTS AND SITE:

Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site(s) to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents.

Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

On request the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Bidders making such investigations shall return site to original condition and shall pay for any damages resulting therefrom.

The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement and that the Contract Documents are sufficient in Scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

BID COORDINATOR:

The coordinator for this Bid is:

Vera Parker, Accountant vparker@southdaytona.org Phone: 386-322-3062

The City will not respond to oral inquiries. Respondents may submit written (by email or via the portal) inquiries regarding this to the coordinator. Written inquiries must be received by Monday, October

20, 2025 by 2:30 pm to be considered. The City will record its responses to inquiries and any supplemental instructions in the form of written addenda via the City website www.southdaytona.org.

The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the Bid Due Date. Vendors should not rely on any representations, statements or explanations other than those made in this ITB or in any addendum to this ITB. Where there appears to be a conflict between the ITB and any addenda issued, the last addendum issued will prevail. It is the Vendor's responsibility to be sure all correct number of addenda was received. The

Vendor should verify with the designated contact persons prior to submitting a Bid that all addenda have been received. Vendors should acknowledge the correct number of addenda received as part of their

Bids. It is the responsibility of the Vendor to ensure all addenda have been received prior to submitting a bid.

The City of South Daytona reserves the right to consider the omission of an acknowledgment of addendum as cause for rejection of the submittal.

mailto:vparker@southdaytona.org https://www.southdaytona.org/

This provision exists solely for the convenience and administrative efficiency of the City of South

Daytona. No Vendor or other third party gains any rights by virtue of this provision or the application thereof, nor shall any Vendor or third party have any standing to sue or cause of action arising therefrom.

CLARIFICATIONS:

It is the Vendor’s responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this ITB. Lack of understanding and/or misinterpretation of any portions of this ITB shall not be cause for withdrawal of your Bid after opening or for subsequent protest of award.

Vendors must contact the Bid Coordinator, at the email provided, should clarification be required.

Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the parties.

MINIMUM QUALIFICATIONS:

Vendors shall be licensed to do business in the State of Florida. Submit Sunbiz report showing your company registered as “Active”.

Vendors must be properly registered and licensed to provide the goods or services identified in the scope of work, by all applicable state and local agencies.

Vendors must provide a minimum of three (3) verifiable references from similar scope and size of work as identified in this ITB on the provided “Professional References” form. Failure to provide references that verify required experience will cause the Vendor to be deemed non-responsive. The City of South

Daytona is not to be used as a reference.

NO LOBBYING:

All Vendors are hereby placed on notice that the City of South Daytona Council, City Employees/Staff, nor

Members of the Evaluation Committee (with the exception of the Bid Coordinator designated to receive requests for interpretations or corrections) are not to be lobbied, directly or indirectly either individually or collectively, regarding this ITB. During the entire procurement process, all Vendors and their subcontractors, sub‐consultants, or agents are hereby placed on notice that they are not to contact any persons listed above for such purposes as holding meetings of introduction, dinners, etc. if they intend to submit or have submitted Bids for this project. Any Vendor contacting individuals mentioned herein in violation of this warning may automatically be disqualified from further consideration for this ITB.

PRICING SHEETS:

Pricing sheets/Bid Forms are to be completed as directed and without modification and returned as part of the ITB submittal prior to the ITB deadline for submission. Failure to fill out the price sheets/bid forms as directed and without modification may negatively affect the evaluation of your bid.

EXCEPTIONS TO SPECIFICATIONS:

If taking exception to any portion of the ITB specifications, the Vendor must indicate those exceptions as stated on the Vendor’s Acknowledgement Form.

BID SUBMISSION AND WITHDRAWAL:

Unless otherwise specified, Vendor shall use the forms supplied by the City. Bids, once opened, become the property of the City, cannot be withdrawn, and will not be returned to the Vendors. Upon opening, Bids become subject to public disclosure in accordance with Chapter 119, Florida Statutes.

CORRECTION OF BIDS:

Correction of inadvertently erroneous Bids shall be permitted up to the time of ITB opening. Vendors shall not be allowed to modify their Bids after the opening time and date.

WITHDRAWAL OF BIDS:

NO Bid shall be withdrawn for a period of ninety (90) days subsequent to the Bid opening without the consent of the City of South Daytona, Florida. Negligence on the part of the Vendor in preparing the Bid confers no right of withdrawal or modification after the Bid has been opened, at the appointed time and place by the City of South Daytona. Any such withdrawn Bid shall not be resubmitted.

OPENING OF BIDS:

Bids will be received until the date and time stated in this ITB and will be publicly opened and read at the place, time and date stated. No responsibility will attach the City for the premature opening of a Bid not properly addressed and identified.

REJECTION OF BIDS:

The City reserves the right to reject any and/or all Bids when such rejection is in the best interest of the

City.

BIDS MAY BE REJECTED AND/OR VENDOR(S) DISQUALIFIED FOR THE FOLLOWING REASONS:

A. Failure to update the information on file including address, product, service or business descriptions.

B. Failure to perform according to contract provisions.

C. Conviction in a court of law of any criminal offense in connection with the conduct of business.

D. Evidence of a violation of any federal or state antitrust law based on the submission of bids or proposals, or the awarding of contracts.

E. Evidence that the vendor has attempted to give a City employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the City’s purchasing activity.

F. Other reasons deemed appropriate by the City.

OWNERSHIP OF DOCUMENTS:

All documents resulting from this project will become the sole property of the City of South Daytona. The

Vendor must meet all requirements for retaining public records and transfer, at no cost, to the City all public records in the possession of the Vendor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City.

AMERICANS WITH DISABILITIES ACT (ADA):

If you need special services provided for under the Americans with Disabilities Act, contact the Deputy

City Clerk at 386‐322-3014 at least 48 hours before the scheduled event.

OTHER REQUIREMENTS:

If this is a federally assisted project it will be 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 would be included in the bid packet.

BOND:

In accordance with section 255.05, Florida Statutes, the Bidder, if awarded the Contract and the bid amount is $100,000 or more, shall execute and file acceptable performance and payment bonds equal to

100% of the contract price within ten (10) days after written notice of the award of contract. No bidder may withdraw their bid for a period of ninety (90) days after the date set for opening of bids.

PAYMENT OF TAXES:

The Contractor will be responsible for payment of all Excise, Sales and Use Taxes, and all other taxes required by law on all materials, tools, apparatus, equipment, fixtures, and incidentals which he purchases or uses for the purpose of fulfilling the work of this Contract, and he shall include all amounts required for such taxes with the item prices bid in his Proposal. No additional payment will be made to cover such taxes. Each Bidder shall thoroughly familiarize himself before submitting a Proposal, with all laws requiring the payment of taxes.

SPECIAL REQUIREMENTS:

Prohibited Interests. No official of the City who is authorized in such capacity, and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project shall become directly or indirectly interested, personally, in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise legislative, executive, supervisory, or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally, in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project.

Performance of Work by Contractor. The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the contract or any portion thereof, or of his right, title or interest therein, without written consent of the City. The Contractor shall perform on the site and with his own organization work equivalent to not less than 50 percent of the total dollar value of the work to be performed under this contract except that work designated hereinafter as specialty work may be performed by subcontractors and the cost of any such specialty work so performed by subcontract may be deducted from the total contract amount before computing the amount of work required to be performed by the Contractor with his own organization.

Sworn Statement on Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount, provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

Equal Opportunity Clause. During the performance of this contract, the contractor agrees as follows:

A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

E. The contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

F. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further

Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

G. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United

States to enter into such litigation to protect the interests of the United States.

SECTION 4: SCOPE OF WORK / BID SPECIFICATIONS

SCOPE FOR PROJECT

INSERT SCOPE INFORMATION HERE

- South Daytona Fire Rescue: Fire Station 98 Bunk Room Remodel

Scope of Work:

Project Overview

South Daytona Fire Rescue (SDFR) seeks to remodel the existing bunk room at Fire Station 98. The current configuration consists of open spaces separated by partial (half) walls. The goal of this project is to create four private bunk rooms, each with independent entry, lighting, ceiling fans, and HVAC ventilation, while maintaining compliance with applicable building codes, fire codes, and ADA accessibility where applicable.

Project Objectives

A. Increase firefighter privacy and rest quality.

B. Improve HVAC airflow and comfort.

C. Enhance functionality, safety, and long-term durability of living quarters.

D. Modernize the bunk space to meet professional fire station standards.

Scope of Work

1. Demolition & Preparation

A. Remove or add to existing half-wall partitions.

B. Patch, repair, and prep all surfaces for new construction.

C. Ensure electrical and HVAC systems are safely capped/redirected during demolition.

2. Construction of Four Bunk Rooms

A. Frame and construct four (4) fully enclosed rooms of equal or near-equal dimensions.

B. Install standard interior-grade doors with locks for each bunk room.

C. Insulate and drywall walls for sound reduction and fire rating compliance.

D. Apply finish (paint, trim, baseboards) to match station standards.

3. Electrical & Lighting

A. Install individual ceiling fan/light combination fixtures in each room.

B. Provide one wall switch and standard electrical outlets per room, in compliance with code.

C. Ensure all electrical work meets NFPA (National Fire Protection Association) and Florida Building

Code requirements.

4. HVAC & Ventilation

A. Extend or reroute ductwork to provide a dedicated AC supply vent for each bunk room.

B. Balance airflow to ensure adequate climate control across all rooms.

C. Confirm return air circulation complies with system design and fire code.

5. Finishes & Fixtures

A. Match interior paint with current station color scheme.

B. Install durable flooring material, consistent across all four rooms.

C. Ensure trim, door hardware, and finishes are professional-grade and consistent.

6. Compliance & Safety

A. All work must comply with Florida Building Code, NFPA standards, ADA requirements, and City of

South Daytona construction permitting.

B. Contractor will schedule and coordinate necessary inspections.

Deliverables

Four private bunk rooms, each with:

A. One door and locking hardware

B. One ceiling fan/light fixture

C. One HVAC vent (supply)

D. Electrical outlets and switches per code

Contractor Responsibilities

A. Provide all labor, materials, tools, and equipment.

B. Protect surrounding work areas and maintain cleanliness during construction.

C. Remove and dispose of all debris off-site.

D. Provide a timeline and phased schedule to minimize disruption to station operations.

Project Timeline

Estimated project duration: 6–8 weeks from notice to proceed. Contractor shall provide a detailed project schedule including start date, milestones, and completion date.

Acceptance

Final acceptance will be contingent on:

A. Passing required building inspections.

B. Verification by South Daytona Fire Rescue leadership that all deliverables meet specifications.

SECTION 5: STANDARD PURCHASE DEFINITIONS

The City will use the following definitions in instructions to bidders, terms and conditions, special provisions, technical specifications and any other solicitation documents.

Addendum is a formal written document, released prior to the public opening that modifies any aspect of a Solicitation. Plural: Addenda

Alternate Bid means multiple Bids with substantive variations from the same Bidder in response to a Solicitation.

Amendment is a formal written agreement, signed by both parties, that modifies an existing contractual agreement.

Appropriate, Appropriated, or Appropriation means the adoption by the City Council of the City of a budget for a fiscal year that includes payments to be made under the Contract during the respective fiscal year.

Best Value means the highest overall value to the City based on factors that include, but are not limited to, price, quality, design, and workmanship.

Bid is a complete, properly signed response to an Invitation to Bid, which if accepted, would bind the

Bidder to perform the resultant Contract.

Bid Guaranty (Bid Bond) guarantees that the Bidder (a) will not withdraw the Bid within the period specified for acceptance, and (b) will execute a Contract and furnish required bonds and any necessary insurance within the time specified in the Solicitation, unless a longer time is allowed by the City. The guarantee will be returned to the Bidder upon execution of a Contract.

Bidder or Proposer is a person, firm, or entity that that submits a Response to a Solicitation. Any

Bidder/Proposer may be represented by an agent after submitting evidence demonstrating the agent’s authority. The agent cannot certify as to his own agency status. (See also “Vendor”)

City means the City of South Daytona.

Competitive Negotiation means a method for acquiring goods, services, and construction for public use in which discussions or negotiations may be conducted with responsible offerors who submit Responses through a Request for Proposals, Request for Statements of Qualifications, or Invitation to Negotiate.

Competitive (Formal) Solicitation is the process of requesting and receiving two or more sealed bids, proposals, statements of qualifications or replies submitted by responsive vendors in accordance with the terms of a competitive process, regardless of the method of procurement.

Competitive Range means the responsive submissions that meet the evaluation criteria and are considered to be reasonably susceptible of award.

Construction means the process of building, repairing, improving, and alterations, conversion or extension of building, parks, utilities, streets or other improvements or alterations to real property.

Contract is a written agreement or purchase order issued for the purchase of goods or services.

Contractor means the person, firm or entity selling goods or services to the City under a Contract.

Deliverables means the goods, products, materials, and/or services to be provided to the City by a

Bidder.

Due Date means the date and time specified for receipt of Responses to a Solicitation.

End User is a person, program, agency, or other eligible user who uses a contract to purchase a commodity or contractual service.

Evaluation/ Selection Committee/Team is a temporary group of City personnel who are responsible for the evaluation of proposals, statements of qualifications or replies as part of a Request for Proposals

(RFP), Request for Submission of Qualifications (RFSQ), or Invitation to Negotiate (ITN), Request for

Quotes (RFQ) or competitive grant process.

Evaluator is a member of the evaluation committee/team.

Goods are supplies, materials, or equipment.

Intent to Award is a document that informs the public and respondents of the City’s decision to award a contract pursuant to a previously issued competitive solicitation.

Invitation to Bid (ITB) or Bid means a formal request to prospective vendors requesting pricing for a specified Good or Service which has been advertised for Bid in a newspaper.

Invitation to Negotiate (ITN) means a formal request to prospective vendors requesting proposed specifications and pricing of a product and/or service which has been advertised for replies in a newspaper.

Issues means points, matters, or concerns to be addressed during the negotiations.

Lead Negotiator is the negotiator responsible for leading and facilitating the formal negotiation discussions and selecting other required negotiation team members. Is often the “driver of change” and seeks alternatives/options.

Lowest Responsible Bid means the responsive Bid meeting all requirements of the specifications, terms, and conditions of the Invitation to Bid resulting in the lowest cost to the City in a total cost concept or based solely on price, taking into consideration the financial and practical ability of the Bidder to perform the Contract, past performance of the Bidder, and compliance with all City ordinances concerning the purchasing process.

Lowest Responsible Bidder means the Bidder submitting Lowest Responsible Bid.

Negotiation Team is a temporary group of City personnel who are responsible for negotiations as part of an Invitation to Negotiate (ITN).

Negotiator is a member of the negotiation team.

Non-Professional Services are services performed that are not of a professional nature such as lawn care, security, janitorial, etc.

Offer means a complete signed Response submitted to the City in response to a Solicitation including, but not limited to, a Bid submitted in response to an Invitation to Bid, a Proposal submitted in response to a

Request for Proposal, a Quote submitted in response to a Request for Quotation, a Statement of

Qualifications and interest submitted in response to a Request for Statements of Qualifications, or a Reply submitted in response to an Invitation to Negotiate.

Outlier is a bid, offer, or proposal which is determined by the City to be significantly dissimilar to or inconsistent with, competing bids or offers.

Pre-Bid/Proposal/Statement/Reply Conference means a meeting conducted by the City, held in order to allow Vendors to ask questions about the proposed Contract and particularly the Contract specifications with the City department requesting the goods/services.

Price Analysis is an evaluation of the total cost of a contract in order to determine if the price is reasonable.

Procurement (Process) is a term used in the governmental sector for the combined functions of acquiring (purchasing) needed goods and/or services, receiving and inspection, inventory management, contract administration, and disposal/surplus.

Professional Services means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice.

Protest is a formalized process by which respondents have an opportunity to challenge a procurement practice or contract award.

Proposal is a complete, properly signed Response to a Request for Proposal, based on performance that is offered rather than on that of price alone, which if accepted, would bind the Vendor to perform the resultant Contract.

Purchase Order is an order placed by the Purchasing Division for the purchase of Goods or Services written on the City’s standard Purchase Order form and which, when accepted by the Bidder, becomes a contract. The Purchase Order is the Bidder’s authority to deliver and invoice the City for Goods or

Services specified, and the City’s commitment to accept the Goods or Services for an agreed upon price.

Request for Proposal (RFP) means a formal request to prospective vendors requesting qualifications of the vendor and pricing for a specified Good or Service which has been advertised.

Request for Statement of Qualifications (RFSQ) means a formal request to prospective vendors requesting statements of qualifications pursuant to Florida Statute 287.055 “Consultant’s Competitive Negotiation Act” which has been advertised for Statement in a newspaper.

Respondent means an entity that has (or will, i.e. “prospective respondents”) submitted a response to a competitive solicitation conducted to create a contractual relationship for the provision of commodities or services.

Response/Submission means all materials submitted to the City by a respondent as part of a solicitation. A response may be called a bid, proposal, statement of qualifications, or a reply, depending on the type of competitive solicitation being issued.

Responsible (Vendor) is a vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

Responsive (Vendor) is a vendor that has submitted a bid, proposal, statement of qualifications, or reply that conforms in all material respects to the solicitation.

Scope means the extent of the area or subject matter that something deals with or to which it is relevant.

Scope of Work means a description of the work activities, deliverables, and/or timeline that a vendor must execute in terms of delivering specific commodities or in performance of contractual services.

Services include all work or labor performed for the City on an independent contractor basis other than construction.

Solicitation means a formal request, as applicable, for prospective vendors to submit responses to an

Invitation to Bid, Request for Proposal, Request for Qualifications, Invitation to Negotiate, or a Request for Quotation.

Solicitation Document means a document, or collection of documents, either paper or electronic, that contains all information required to conduct a competitive procurement project according to § 287.057, Florida Statutes.

Stakeholder means an individual, who is not likely to become a vendor, who has an interest in the commodities/contractual services needed.

Subcontractor means a person, firm or entity providing goods or services to a Vendor to be used in the performance of the Vendor’s obligations under the Contract.

Subject Matter Expert means a person who has working or expert knowledge about a particular topic or field.

Unbalanced Bid means a Bid that is based on prices which are significantly less than cost for some bid items and significantly more than cost for others.

Vendor is a person, firm, or entity that that provides commodities or services and submits a Response to a Solicitation. Any Vendor may be represented by an agent after submitting evidence demonstrating the agent’s authority. The agent cannot certify as to his own agency status. (Also called “Bidder” or “Proposer”.)

SECTION 6: GENERAL TERMS AND CONDITIONS

These instructions are standard for all contracts for commodities or services issued through the City of

South Daytona. General Requirements apply to all advertised Solicitations; however, these may be superseded, in whole or in part, by the SPECIAL REQUIREMENTS /INSTRUCTIONS OR OTHER DATA

CONTAINED HEREIN.

READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE

FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM.

ACCEPTANCE BY CITY

The City shall have a reasonable time (but not less than 30 days) after receipt to inspect the goods and services tendered by vendor. The City at its option may reject all or any portion of such goods or services which do not, in City’s sole discretion, comply in every respect with all terms and conditions of the contract. The City may elect to reject the entire goods and services tendered even if only a portion thereof is nonconforming. If the City elects to accept nonconforming goods and services, the City, in addition to its other remedies, shall be entitled to deduct a reasonable amount from the price thereof to compensate the City for the nonconformity. Any acceptance by the City, even if non-conditional, shall not be deemed a waiver or settlement of any defect in such goods and services. The material delivered as a result of this solicitation shall remain the property of the seller until a physical inspection and actual usage of the item(s) is made and thereafter deemed acceptable to the satisfaction of the City, in compliance with the terms and specifications contained herein. In the event that the item(s) supplied to the City is/are found to be defective, or does/do not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return the item(s) to the seller at the seller’s expense.

ADDENDUM

When specifications are revised, the City will issue an addendum addressing the nature of the change. If submitting by paper, Vendors should acknowledge all addenda by listing the addenda received on the

“Vendor Acknowledgment Form” and include it in the returned Response package. If submitting electronically, Vendors should acknowledge all addenda electronically. Failure to acknowledge the correct number of addenda issued may result in rejection of the Response. It is the responsibility of the

Vendor to ensure all addenda have been received prior to submitting a bid. All Addenda shall be posted by the City on https://procurement.opengov.com/portal/southdaytona.

The City shall issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the Solicitation Response Due Date. Vendors should not rely on any representations, statements or explanations other than those made in this Solicitation or in any addendum to the Solicitation. Where there appears to be a conflict between the Solicitation and any addenda issued, the last addendum issued shall prevail.

ADDITIONAL GOODS

Products, Materials and Goods not specifically identified in this bid request may be added to any resultant contract upon mutual consent of the contracting parties. The City reserves the right to add or delete products or materials of similar nature, within the family of products of “ITB Item(s)” and their commodity codes, to those items requested in this bid.

AMERICANS WITH DISABILITIES ACT (ADA)

If you need special services provided for under the Americans with Disabilities Act, contact the Deputy

City Clerk at 386‐322-3011 at least 48 hours before the scheduled event.

ANTI-COLLUSION STATEMENT

By submitting this Response to a Formal Solicitation, the Vendor affirms that this Response is without previous understanding, agreement, or connection with any person, business, or corporation submitting a Response for the same materials, supplies, or equipment, and that this Response is in all respects fair, and without collusion or fraud. Additionally, Vendor agrees to abide by all conditions of this Solicitation and certifies that they are authorized to sign this Response for the Vendor. In submitting a Response to the City of South Daytona, the Vendor offers and agrees that if the Response is accepted, the Vendor shall convey, sell, assign or transfer to the City of South Daytona all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of

Florida for price fixing relating to the particular commodities or services purchased or acquired by the

City of South Daytona. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Vendor.

APPLICABLE LAWS

In connection with the furnishing of supplies or performance of work under the Contract, the Vendor agrees to comply with the Fair Labor Standards Act, Equal Opportunity Employment Act, and all other applicable federal and state laws, regulations and executive orders to the extent that the same may be applicable.

ASSIGNMENT

The successful Vendor shall not sell, assign, transfer or convey this contract in whole or in part, without the prior written consent of the City of South Daytona. Any such assignment or transfer shall not release

Vendor from all contractual obligations. If the Vendor requires the services of any subcontractor or professional associate in connection with the work to be performed, the Vendor must obtain the written approval of the City prior to engaging such subcontractor or professional associate. The Vendor will remain fully responsible for the services of any subcontractors or professional associates.

AUTHORITY TO CONDUCT BUSINESS IN FLORIDA

A Florida corporation or partnership is required to provide evidence with its response that the Vendor is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with its response, such evidence must be submitted to the City no later than five (5) business days from request of the City.

A foreign (out-of-state) corporation or partnership is required to provide evidence with its response that the Vendor is authorized to transact business in Florida and is in good standing with the Florida

Department of State. If not with its response, such evidence must be submitted to the City no later than five (5) business days from request.

A joint venture is required to provide evidence with its response that the joint venture, or at least one of the joint venture partners, is authorized to transact business in Florida and is in good standing with the

Florida Department of State. If not with its response, such evidence must be submitted to the City no later than five (5) business days from the request. However, the joint venture is required to provide evidence prior to contract execution that the joint venture is authorized to transact business in Florida and provide the City with a copy of the joint venture Agreement.

A joint venture is also required to provide with its response a Statement of Authority indicating that the individual submitting the joint venture’s proposal has the legal authority to bind the joint venture. If not with its response, such evidence must be submitted to the City no later than five (5) business days from the request of the City.

AWARDS

Results from the evaluation committee will be considered by the City of South Daytona City Council at the earliest possible regular meeting subsequent to the evaluation process. This ITB is issued in accordance with and shall be governed by the provisions of the City’s Purchasing Policy.

The City of South Daytona City Council reserves the right to make award(s) by individual sections, groups, all or none, or a combination thereof, with one or more Vendors; to reject any and all proposals, or to waive any informality or technicality in proposals received as deemed to be in the best interest of the City.

The City does not award publicly funded contracts to those who knowingly employ unauthorized alien workers in violation of section 274A(e) of the Immigration and Naturalization Act, 8 United States Code s1324a(e). Such employment deprives legal workers of job opportunities. Violation of section 274A(e) shall be grounds for unilateral cancellation of the contract, Contract, proposal or quote for purchase of services and goods by the City of South Daytona.

AWARD AND EXECUTION OF CONTRACT

When a bid received has been determined to be satisfactory, a Contract will be awarded, or Purchase

Order issued to the lowest responsible Bidder within the time designated in the Contract Documents.

The Bidder(s) to whom the award is made shall execute the Contract(s) and return it, together with the properly executed bonds and insurance certificates to the office of the City, within the time specified.

BID RETURNS

Vendors shall return all completed Responses to the City of South Daytona at the address set forth in the

ITB on the date and at the time specified. Late submissions will not be accepted and shall be returned to

Vendors unopened.

BID PROTEST

In any case where a bidder wishes to protest either the results of or intended disposition of any bid, the following action is required:

A. The bidder shall submit a formal written protest to the city manager forty-eight (48) hours after the posting of the notice of decision or intended decision as set forth on a city council agenda item.

With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, bids, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within forty-eight (48) hours after the posting of the solicitation.

B. The formal written protest shall state with particularity the facts and law upon which the protest is based.

C. Failure to submit a formal written protest shall constitute a waiver of proceedings.

D. Upon receipt of the formal written protest that has been timely filed, the city shall stop the solicitation or contract award process until the subject of the protest is resolved by final city action. However, the city may continue the solicitation or award process, provided the city manager sets forth in writing particular facts and circumstances, which require the continuance of the solicitation or contract award process without delay, in order to avoid an immediate and serious danger to the public health, safety or welfare. The city will resolve the protest in the following manner:

1. As soon as possible after receipt, the finance director shall provide written bid protest to the city manager, city attorney, department head involved, and supervisor directly involved in the acquisition.

2. The finance director shall schedule within seven (7) business days, excluding weekends and holidays a meeting with the above-mentioned individuals or designee and protestor. The intent of the meeting is to provide a review and/or solution prior to going before council. After reviewing all relevant information, the city manager shall render a decision.

3. If the protester disagrees, he may appeal to the city council at a formal council meeting. After reviewing the evidence, the city council will issue their decision. The city council's decision is final; however, the protester can appeal the administrative decision to the Circuit Court in

Volusia County, Florida within thirty (30) days of the city council's final decision. Decisions at all levels shall be in writing to the protestor.

BID/PROPOSAL TABULATION

Vendors who wish to receive a copy of the bid/proposal tabulation may obtain it by contacting the

Deputy City Clerk at 386-322-3011.

BONDS

If this Solicitation requires submission of bid guarantee and performance bonds, there will be a separate page explaining those requirements. Responses submitted without the required bid bond or certified check shall be deemed non-responsive. When the City deems it necessary, bid bonds/deposits shall be prescribed and are advertised in the public notices inviting bids. Normally, if a bid bond/deposit is requested, it is in the amount of five percent (5%) of the bid amount. Payment and Performance Bonds requested for construction projects shall be in an amount equal to one hundred percent (100%) of the total contract amount. Upon award, the successful Vendor may also be required to furnish and pay for a satisfactory contract one hundred percent (100%) Payment and Performance Bond which will be recorded by the City, at the Vendor’s sole cost and expense, with the Clerk of the Circuit Court, Volusia

County, Florida, and to enter into a written contract with the City of South Daytona. After recording, the

City will furnish to the contractor the recording information for the bond to evidence that the contractor has met the requirements of Florida law. The City will bill the cost of recording to the contractor.

Payment and Performance Bonds shall also be recorded at the Vendor’s expense in the Office of the Clerk of the Circuit Court, Volusia County, Florida. All bonds no matter which kind, are advertised in the

Solicitation which appears in the newspaper. Unsuccessful Vendors are entitled to the return of their surety where the City has required such. A successful Vendor shall forfeit any surety required by the City upon failure on the part of the Vendor to enter into a contract within the time specified after the award of bid.

In accordance with section 255.05, Florida Statutes, the Bidder, if awarded the Contract and the bid amount is $100,000 or more, shall execute and file acceptable performance and payment bonds equal to

100% of the contract price within ten (10) days after written notice of the award of contract. No bidder may withdraw their bid for a period of ninety (90) days after the date set for opening of bids.

CERTIFICATE OF INSURANCE

If required upon notice of intent to award contract resulting from this solicitation, the selected Vendor will be required to submit a Certificate of Insurance showing proof of adequate coverage for professional general liability, errors and omissions and…