S._James_Foxman_Center_Elevator(s)_Modernization_(Addendum_#2_Revision).pdf

INVITATION FOR BID

23-B-159LL

S. JAMES FOXMAN CENTER ELEVATOR(S) MODERNIZATION

County of Volusia

123 W. Indiana Ave.

DeLand, FL 32720

RELEASE DATE: July 23, 2023

DEADLINE FOR QUESTIONS: undefined

RESPONSE DEADLINE: August 24, 2023, 3:01 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

County of Volusia

INVITATION FOR BID

S. James Foxman Center Elevator(s) Modernization

I. Introduction II. Instruction to Bidders

III. General Conditions IV. Scope of Work V. Vendor Submissions

VI. Pricing Table

Attachments:

A - Exhibit C, Bid Documents (SUBMIT AS YOUR BID)

B - Exhibit C, PRIME-SUB FORM for Contractors (SUBMIT AS PART OF YOUR BID)

C - Exhibit C, Basic Insurance Requirements (SUBMIT AS PART OF YOUR BID)

D - Exhibit E, S. James Foxman - Elevator Specifications

E - Exhibit B, Special Conditions

F - Construction Contract

G - Exhibit D, Performance & Payment Bond

Invitation For Bid #23-B-159LL Title: S. James Foxman Center Elevator(s) Modernization

1. INTRODUCTION

1.1. Summary

Location and Elevators: S James Foxman Justice Center Passenger Elevator 1 and 2, Prisoner Elevator, Judges Elevator. All engineering, equipment, labor, and permits required to satisfactorily complete elevator modernization required by Contract Documents.

Project Costs shall be inclusive of Preventive Maintenance, Service, Testing and parts replacement for the 12 Month Warranty Period following Final Acceptance of the modernization in accordance with the

Portfolio Master Elevator Service Agreement.

1.2. Contact Information

Lacey Lassiter

Purchasing Analyst

123 W. Indiana Ave

DeLand, FL 32720

Email: llassiter@volusia.org

Phone: (386) 822-5772

Department:

Facilities Management

1.3. Timeline

Advertisement/Release Project Date July 23, 2023

Pre-Bid Meeting (Non-Mandatory) August 2, 2023, 9:30am

Agenda

251 N. Ridgewood Ave., Daytona Beach, FL 32114 mailto:llassiter@volusia.org tel:(386)822-5772 https://government-project.s3.amazonaws.com/53773/2bffce6f-0343-4338-ae62-eb764bc4ad60_Pre-bid_Agenda_23-B-159LL.pdf

Bid Opening August 24, 2023, 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# https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

2. INSTRUCTION TO BIDDERS

2.1. BIDDER INFORMATION

RECEIPT OF PROPOSALS: Bids must be submitted via the County's eProcurement Portal. Bid is due before 3:01 pm on Thursday, August 24, 2023

The County of Volusia, Facilities is seeking a single, responsive and responsible bidder for the construction of S. James Foxman Center Elevator(s) Modernization located at 251 N. Ridgewood Ave.

Daytona Beach, FL 32114. 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.

Term: Total contract time: 300 Days

ESTIMATED CONSTRUCTION COST: $470,000.00

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 NON MANDATORY PRE-BID MEETING will be held at 251 N. Ridgewood Ave., Daytona Beach, FL 32114 at 9:30 am on Wednesday, August 2, 2023. 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.

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 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).

Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II).

2.2. OBLIGATION OF BIDDER TO INFORM ITSELF AS TO ALL CONDITIONS

RELATING TO PROJECT

A. The Bidder, by and through the submission of its Bid, 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 Bid 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 Bidder, by and through the submission of its Bid 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

Bidder 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 Bidder, in preparing a Bid, 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 Bid 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 Bidder shall be responsible for having determined to its satisfaction, prior to the submission of its

Bid, 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 Bid, the Bidder shall review the section titled Permits of the General

Conditions.

2.3. EXAMINATION OF CONTRACT DOCUMENTS

The Bidder shall examine the drawings, specifications, and other contract documents 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 Contract. Ignorance on the part of the Contractor shall in no way relieve itself of the obligations and responsibilities assumed under the Contract.

2.4. QUESTIONS/DISCREPANCIES

It is incumbent upon each Bidder to carefully examine this solicitation’s specifications, scope of work/service, terms, and conditions. The posting of answers through the County's eProcurement Portal is the only official method by which interpretation, clarification, or additional information can be given.

Questions and exceptions concerning any Section of this ITB shall be directed through the question and answer functionality of the County's eProcurement Portal. Questions and exceptions shall be submitted by the question and answer deadline. Thereafter, no further questions or exceptions will be accepted or reviewed by the County and Bidders’ 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. ADDENDA, CHANGES, OR INTERPRETATIONS DURING BIDDING

If it becomes necessary for the County to revise or clarify any part of this ITB the solicitation 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 Bidder’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 ITB before submitting their proposal. By submitting a response, Respondents acknowledge that they have reviewed all posted answers, and/or solicitation changes prior to the posted closing dateime.

Answers posted by the County, and/or changes made to the solicitation shall become a material part of this solicitation.

2.6. COMPLIANCE WITH LAWS AND REGULATIONS

The Bidder shall be responsible to know and to apply all applicable federal and state laws, all local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the work, or which in any way affect the conduct of the work.

Bidder shall always observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees. The Bidder shall protect and indemnify County and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by Bidder, its representatives, Subcontractors, sub-consultants, professional associates, agents, servants, or employees.

At time of Bid submittal, Bidder shall hold the required licensure to be the prime Contractor for all work to be performed under the Bid Contract. If Bidder proposes to use a Subcontractor or sub-consultant to perform any work under the Bid Contract such Subcontractor and/or sub-consultant shall, at the time of

Bid submittal, hold the required licensure for all work to be performed under this Bid Contract as a

Subcontractor and shall maintain such license(s) in full force and effect during the term of this Bid

Contract. All licenses and permits required to perform Bidder’s duties under this Bid Contract whether such license or permit is required by the federal government, State of Florida, Volusia County, or any municipality, shall be at Bidder’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 this Bid

Contract.

Bidders shall also be in compliance with applicable Federal Transit Administration (FTA) regulations as indicated in the FTA Master Agreement and Best Practices Procurement Manual (BPPM), Florida

Statutes, Chapter 427, part 1, and the Florida Department of Transportation Rule Chapter 14-90. Bidders shall provide all requested information for State and Federal Reporting requirements in a timely manner.

2.7. PREPARATION AND SUBMISSION OF BIDS:

A. Signature of the Bidder. The Bid Proposal letter shall be signed by an authorized agent of the firm with documentation, as listed on the Florida Department of State, Division of Corporations’ Sunbiz report available at www.sunbiz.org (Sunbiz). If anyone other than the officers listed on the Sunbiz website will be signing this ITB, a Memorandum of Authority, signed by an officer of the firm allocating authorization shall be required. The memorandum of authority shall be on the firm’s letterhead and shall clearly state the name, title and contact information for the individual designated by the firm. If the

Bidder is an individual, the words “Doing Business As . . .” or “Sole Owner” shall appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words “Member of the Firm” shall be written beneath such signature. If the Bidder is a corporation, the title of the officer signing the Bid forms on behalf of the corporation must be stated and evidence of its authority to sign the Bid forms must be submitted with the proposal. If firm is not currently registered as a vendor in the State of Florida (Sunbiz), include documentation designation of contracting authority.

B. Basis for Bidding. The Bid price for each item shall be on a lump sum or unit price basis according to the form of the Bid proposal.

C. Bid Price. The total Bid price for the work shall be the total lump sum Bid prices 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 the one hundred twenty days may be made only by mutual agreement between the County of Volusia, the low Bidder, and the surety, if any, for the low Bidder.

D. Local Bid Preference. Effective January 1, 2012, Volusia County has adopted a local bid preference. A

Bidder, or prime Contractor which has a permanent location at least six (6) months prior to the Bid closing, as proven by a business tax receipt, as stated in Volusia County Ordinance 2-269.5 in Lake, Orange, Osceola, Seminole or Volusia County (“Local”), shall be granted a preference of three percent

(3%) of the total Bid price or quote. A Bidder which is a prime Contractor and is utilizing Subcontractors, and the Bid 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%) bid 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 Bids where the difference of the total Bid price or quote exceeds twenty-five thousand dollars ($25,000.00) from the nearest competing Bid 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 Bidders, including prime and Subcontractors, awarded a Contract as a part of this process must maintain its status as a local business through the term of the Contract. Any Bidder, including prime and

Subcontractors, awarded a contract as a result of this preference will be required to post any job openings for this project with the Center for Business Excellence (CBE). Noncompliance with the requirements of this section will be deemed as a material breach and may be subject to contract termination or disqualification from bidding on future projects.

2.8. Submission of Bids

1. Bid Documents. All Bids shall be submitted on the Bid documents provided by the County together with the Bid bond.

2. Delivery of Bids. Bids shall be submitted via the County’s eProcurement Portal. Paper bids will not be accepted. Bidder’s must submit their bid securely, any time before the bid deadline, via the County’s eProcurement Portal. NOTE: DO NOT RESPOND TO THIS SOLICITATION VIA THE ON-LINE VENDOR SELF-

SERVICE (VSS).

3. Experience/Completed Projects. The Bidder shall submit with its Bid evidence of its experience by providing a list of projects which include a brief description of the project, location, contract value, owner’s name, address, and phone number (see “Experience/Completed Projects” form). The evidence shall include a list of projects similar in character, size, and value, which has been satisfactorily completed and in satisfactory operation. A minimum of three (3) of the listed projects must have been completed for agencies/entities other than the County of Volusia.

2.9. Performance of Work By Subcontractors

The Bidder shall submit with his/her Bid the names, addresses, dollar value of overall project, percent of overall project with dollar value, and minority status of his/her Subcontractors 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 Bidder as defined hereinafter. After award of Contract, no change in Subcontractors shall be made unless approved by the County in writing by reason of financial distress or County deemed performance issues. In addition, the Subcontractor shall register and post any open positions as a result of the award of this Contract through the Center for Business Excellence (CBE). If this form is not completed and submitted along with the entire proposal at the time and date of the closing of the Bid, respondent SHALL be deemed non-responsive.

2.10. Business Tax Receipt (BTR)

To be responsive to this solicitation, each Bidder who is currently required to have a Business Tax

Receipt (BTR) at the time of submittal shall provide a copy of their current BTR in their response to this solicitation. There are two (2) exceptions to this Bid submission requirement:

1) If Bidder’s business does not have a physical location in Orange, Osceola, Seminole, Lake or Volusia

County, no submission is required, or

2) If Bidder’s business type is exempted, submit a Proof of Exemption approved by the Volusia County

Revenue Director.

Reference: Chapter 114, Article I, Section 114-1 of the Volusia County Code of Ordinances, http://www.volusia.org/government/county ordinances.stml

2.11. W-9

Include a completed W-9 form. If the firm is not registered with Volusia County, on-line registration is available at www.volusia.org/purchasing under Vendor Self Service, which links to the registration site and the W-9 form can be accessed through this site as well.

2.12. Financial Statement

The Bidder 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.

2.13. Owner Direct Purchase

When advantageous for the County, the County reserves the right to issue “Owner Direct Purchase

Orders” in order to save sales tax. If the County elects to issue Owner Direct Purchase Orders, Contractor shall assist County staff and shall be liable for accuracy and warranty of specifications, and materials ordered. Owner Direct Purchase Orders shall be identified within the drawings and specification documents.

2.14. Substitutions

Prior to proposing any substitute material, product, item, or service, the Bidder 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 Bidder. The Bidder 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. Bidder 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 Bidder from responsibility for compliance with all requirements of the Contract. Bidder 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 Bidder wish to use any material, product, item or service other than those specified by brand or trade name, he/she shall, within fourteen (14) calendar days prior to the closing submit to the

County Representative a written request for substitution accompanied by all data necessary for the

County Representative to determine whether the requested substitution is equal to the specified material, product, item or service. If the Bidder 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 Representative to construe such substitute to be an equal to that specified. The County

Representative will have a reasonable amount of time to review request for substitution. Should the substitute be acceptable to the County, an authorization will be written 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.

10.

2.15. 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 Respondents 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 proposal submitted.

2.16. DISQUALIFICATION OF BIDDERS

A. One Bid. Only one (1) Bid proposal from an individual firm, partnership, or corporation under the same or under different name shall be considered. If a Bidder submitted more than one Bid proposal for the work involved, all Bid proposals submitted from such Bidder shall be rejected.

B. Collusion Among Bidders. If it is believed that collusion exists among the Bidders, the proposals 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.

2.17. BID BOND

A Bid bond shall accompany each Bid in an amount not less than five percent (5%) of the Bid amount and shall be valid for a period not less than one hundred twenty (120) days. If a Bid bond is used, the

Bidder shall complete and submit the Bid bond form provided in this solicitation. After the County and the successful Bidder have executed a written Contract and the successful Bidder has recorded an acceptable performance and payment bonds or if one hundred twenty (120) days have passed after the date of the formal opening of the Bids and no Contract has been awarded, the Bid security of any Bidder will be returned upon written demand.

2.18. POWER OF ATTORNEY

Attorneys-in-Fact who sign Bid bonds or Contract bonds shall submit with the bonds a certified copy of his/her Power of Attorney.

2.19. BID BOND FORFEITED - LIQUIDATED DAMAGES

Failure of the Bidder to execute a Contract and record the required bonds as provided herein within ten

(10) days after a written Notice of Award has been given shall be just cause for the annulment of the award and the forfeiture of the Bid security to the County, which forfeiture shall be considered not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsive and responsible Bidder or all Bids may be rejected.

2.20. WITHDRAWAL OF BID

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

2.21. OPENING OF BIDS

Bids will be publicly opened at the appointed time and place stated in the advertisement for Bids. No responsibility will be attached to any agent for the premature opening of a Bid not properly addressed and identified. Bidders or their authorized agents are invited to be present. Pursuant to Section 119.071, Florida Statutes, proposals (“responses”) and the completed tabulation will be available for inspection within thirty (30) days of response opening or once a recommendation of award has been posted to the

County’s website.

2.22. CONSIDERATION OF BIDS

For the purpose of award, after the Bid proposals are opened and read, the correct summation of the lump sum prices and/or of the products of the estimated quantities shown in the Bid proposal and the unit prices will be considered the Bid. 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 proposals and to waive technical errors and irregularities as may be deemed best for the interest of the County. Should the County require performance and payment bonds, the cost of such bonds shall be added to the Contract price for purpose of Contract award.

2.23. RIGHT TO ACCEPT OR REJECT BIDS

Bids 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 Bidders and the Contract documents may be rejected at the option of the County. The

County does not bind itself to accept the minimum Bid stated herein, but reserves the right to accept any Bid, the County deems to be the lowest Responsive and Responsible Bidder, and which in the judgment of the County will best serve the needs and interests of the County.

2.24. AWARD OF CONTRACT

A. The County reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, 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 Bid price for the project. If Bids are found to be acceptable by the County, written notice will be given to the lowest responsive and responsible Bidder of the acceptance of his/her Bid 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 ITB, to reject any/all Bids, 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/re-bidding when responses exceed budget.

C. If a Bidder, to whom a Contract is awarded, forfeits his/her Bid security and the award of the Contract is annulled, the County may then award the Contract to the next lowest responsive and responsible

Bidder 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 Bidder complying with the applicable conditions of the Contract documents. The architect/engineer and project manager will review the Bid proposals to evaluate whether or not the proposals conform to the criteria established for a responsible Bid. In determining the lowest, responsive and responsible Bidder, in addition to those noted in the Contract documents, each Bid submittal will be evaluated for conformance using the following criteria:

1. Bidder conforming in all material respects to the requirements and criteria set forth in the ITB (See

Bid Documents Checklist) (Responsive).

2. In general, Bidder 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 proposal 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 Bidder 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. (see Exhibit “A”, General Conditions, Section titled

Subcontractors);

e. Qualifications of Subcontractors for whom each Bidder plans to use (including those who are to furnish the principal items of material or equipment). Additionally, each Bidder shall produce satisfactory evidence of all Subcontractors 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 (see Exhibit “A”, General Conditions, Section titled Subcontractors);

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 Bidder on previous contract, including, but not limited to, the Bidder’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 Bidder to provide future maintenance and service, if required.

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

F. The ability of any Bidder to obtain a performance bond shall not be regarded as the sole test of such

Bidder’s competence or responsibility.

2.25. EXECUTION OF CONTRACT

The Bidder to whom a Contract is awarded will be required to execute in two (2) counterparts the prescribed Contract and one (1) set of performance and payment bonds, if required, within ten (10) days from the date of Notice of Award of the Bidder’s Bid proposal, and deliver the executed Contract to the

County.

2.26. INSURANCE

All respondents shall submit evidence of insurance coverage or proof of insurability with their submittal.

Upon the approval of an award, the firm shall furnish to the County a certificate of insurance attesting that the firm has coverage in accordance with the requirements herein set forth (see Exhibit “C”).

The firm shall also provide and maintain at all times during the term of any agreement resulting from this solicitation or for such longer periods as may be required, without cost or expense to the County of

Volusia, policies of insurance insuring the firm against any and all claims, demands, or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services and/or obligations of the firm under the terms and provisions of this agreement. The firm shall secure and maintain, at its sole cost and expense during the Contract term, the requirements set forth (see

Exhibit “C”).

The County reserves the right to request a copy of the complete insurance policy(ies) and any endorsements for the above-mentioned insurance. A certificate of insurance and copies of all applicable endorsements indicating that the firm has coverage in accordance with the requirements herein set forth shall be furnished by the firm to the Purchasing Office prior to the execution of the Contract and annually upon renewal thereafter. The firm agrees that County will make no payments pursuant to the terms of the Contract until all required proof or evidence of insurance has been provided to the County.

The ACORD Certificate of Liability Insurance with endorsements shall be completed by the authorized

Resident Agent and returned to the Purchasing Office. This certificate shall be dated and show:

A. The name of the insured firm, the specified job by name, name of the insurer, the number of the policy, its effective date and its termination date.

B. Statement that the Insurer will mail notice to the County at least thirty (30) days prior to any material changes in provisions or cancellation of the policy.

C. County shall be named as an additional named insured on General Liability Insurance as evidenced by the endorsement.

2.27. PERFORMANCE AND PAYMENT BONDS

Florida State Statute 255.05 permits the County to waive the requirement for performance and payment bonds, if required, in any Contract which is awarded for $200,000.00 or less. The County has determined that it may wish to exercise this authority if the County deems such waiver to be solely in its best interest.

OR

Contractor shall furnish Performance and Payment Bonds, prior to performing any work under the

Contract in an amount equal to the total value of the project including any amendments or change orders made thereto pursuant to the Order or other documentation executed by the parties, in strict accordance with Fla. Stat. § 255.05. Failing to do so, shall constitute a material breach of this

Agreement. The Bonds shall be secured from or countersigned by an agency or surety company recognized in good standing and authorized to do business in the State of Florida. The County

Performance and Payment Bond form shall be used. No other forms will be accepted without prior approval from the County. Simultaneously with the delivery of the executed Contract to the County, a

Bidder to whom a Contract has been awarded must deliver to the County, executed, separate performance and payment bonds on the prescribed forms, each in an amount of one hundred percent

(100%) of the Contract price of the accepted Bid proposal as security for the faithful performance of his

Contract and for the payment of all persons performing labor or furnishing materials in connection therewith. The performance and payment bonds shall have as the surety thereon only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida and with a resident agent in Florida. The Attorney-in-Fact or other officer who signs performance and payment bonds for a surety company must record with such bonds a certified copy of his Power-of Attorney authorizing him/her to do so.

2.28. QUALIFICATION OF SURETIES

All surety companies furnishing Bid, performance, payment, or other types of bonds shall meet the following requirements:

A. The surety shall be rated “A” or better on the Financial Strength Rating (FSR) and Class “X” or better on the Financial Size Category (FSC) by Best’s Rating Center, published by A. M. Best Company, Inc., of

Ambest Road, Oldwick, NJ 08858. (NOTE: If the bond requirement does not exceed $500,000.00, then the suitability of the surety shall be determined in accordance with the requirements of Florida Statutes

Section 287.0935)

B. The surety shall also be listed on the U.S. Department of Treasury (Dept. Circular 570) entitled

“Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable

Reinsuring Companies.”

C. The agent countersigning the bond shall be registered in the State of Florida.

D. All surety companies are subject to approval and may be rejected by the County without cause in the same manner that Bids may be rejected.

2.29. 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, given in the Bid form, are to be considered as approximate only and are to be used solely for the comparison of Bids 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 Bidder 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

Bid.

2.30. NOTICE TO CONTRACTORS/VENDORS

If a Bid item is not provided in the Bid section for a specific item in the drawings and specifications, it shall be presented to the County prior to the Bid opening. If a Bid item is not included to meet the criteria in the drawings and specifications, it does not relieve the Contractor/Vendor from providing the project as described in the drawings and specifications.

2.31. PUBLIC ENTITY LAW

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 or a public building or a public work, awarded or perform work as a Contractor, supplier, Subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category

Two of the Florida Statute Section 287.017 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

2.32. VENDOR REGISTRATION

If not registered with the County, respondents shall go to the county's eProcurement Portal and register and submit with their submittal a completed TIN and Certification form (See “Taxpayer Identification

Number (TIN) and Certification).

2.33. DEBARMENT

Purpose and Intent. The county endeavors to solicit offers from, award contracts to, and consent to subcontracts with responsible vendors and contractors only. To further this policy, the county asserts its authority to debar certain vendors 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 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 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

2.34. REVISIONS | ADDENDA | QUESTIONS & ANSWERS

All answers to questions of substance will be publicly published using the Question & Answer feature.

Participants are required to review all revisions and answers to questions published. Revisions within the Solicitation as well as responses posted through the 'Question & Answer' feature are authoritative and shall be considered an addendum to the Solicitation. 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.

3. GENERAL CONDITIONS

3.1. DEFINITIONS

Whenever in the Contract Documents or performance of the contract, the following terms are used

(applicable to both the singular and plural), the intent and meaning of such items shall be interpreted as follows:

1.1 Acceptance. A formal action by the County of accepting a portion of the Work as being complete after inspection by the County representative. See also, Final Acceptance.

1.2 Affidavit. An instrument, the form of which shall be provided by the County, which Contractor must provide as a condition precedent to certification of an Application for Progress Payment or as a condition precedent to certification of the Application for Final Payment, unless the County has received an applicable Consent of Surety.

1.3 Application for Progress Payment. May refer to the actual written form or the Contractor’s act of submitting the written form to the County to request payment for a portion of the Work prior to an

Application for Final Payment. The actual form shall be supplied by the County.

1.4 Bid or Bid Documents. The Contractor’s written submission to the County in response to the invitation to bid (ITB) issued by the County for this Project.

1.5 Calendar Day. Any day, including Saturdays, Sundays, and holidays, regardless of weather conditions.

All references to a “day” in the Contract Documents, shall mean a Calendar Day unless specifically otherwise designated.

1.6 Change Directive. A written order, signed by the County, directing a change in the Work to

Contractor which may or may not ultimately result in an increase in Contract Sum or Contract Time. A

Change Directive shall be utilized when the County determines in its sole discretion that the change in

Work is necessary to the Project but the resulting change in Contract Time or Contract Sum, if any, either cannot be or has not yet been calculated, or the County and Contractor have not reached an agreement on any change in Contract Time or Contract Sum. The Contractor shall proceed with the

Work required by the Change Directive and may preserve any claim in accordance with the Contract

Documents.

1.7 Change Order. A written Modification to the Contract signed by the County and Contractor documenting an addition, deletion, or revision in the Work, with or without an adjustment in the

Contract Sum or Contract Time.

1.8 Construction, Engineering & Inspection (CEI) or / Architect/Engineer (A/E). A person or entity selected by the County to perform Work under a separate written Contract with the County to perform consulting work on the Project related to project administration supplemental to that performed directly by the County Engineer and County staff. In the event there is no CEI or A/E on the Project, but a task is reference in the Contract Documents as being performed by the CEI or A/E, then it shall be agreed that the term “County” or “Engineer,” shall be substituted.

1.9 Contract. The sum of all legal rights and obligations between the Contractor and the County as defined by the Contract Documents and applicable law.

1.10 Contractor’s Project Manager. The individual responsible for the day-to-day administration of the

Project for the Contractor who shall have authority to act on behalf of and bind the Contractor in matters pertaining to the Project unless otherwise expressed in writing by the Contractor.

1.11 Consent of Surety. A document executed by the Contractor’s surety indicating that it consents to the County making Final Payment to the Contractor and that the surety agrees it shall not be relieved of any obligations under the bond to the County as a result of consenting to or the making of Final

Payment.

1.12 Contract Documents. The Contract Documents comprise the entire written Contract between the

County and the Contractor, and are made part of the Contract, and include the documents enumerated in Article 1 of the Construction Contract.

1.13 Contract Sum. The total monies payable to the Contractor as consideration for completion of the

Work in accordance with the

Contract Documents.

1.14 Contract Time. The number of consecutive days, as stated in Article 2 of the Construction Contract, during which the Contractor shall perform the Work.

1.15 Contractor. The entity identified in the Construction Contract and referred to throughout the

Contract Documents as if singular in number. The Contractor shall designate in writing a representative(s) who shall have the express authority to bind the Contractor with respect to all matters under the Contract. The “Contractor” means the Contractor or its authorized representative(s).

1.16 Contractor’s Release. A document or language within a document such as an Application for

Progress Payment or Application for Final Payment wherein the Contractor agrees to release and discharge County and the CEI or A/E from all claims and demands related to a designated portion of the

Work, except any claims for retainage or disputed claims, upon receipt of payment from the County.

1.17 County: Shall mean the County of Volusia (a body corporate and politic and a subdivision of the

State of Florida) including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non-elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status.

1.18 County Engineer. The County Engineer is the employee of the County who shall have the express authority to bind the County with respect to all matters requiring the County’s approval or authorization. Phrases, such as “by the County” or “to the County,” refer to the County Engineer or his delegate, which may include the County’s designated Project Manager or CEI or A/E. No person shall be presumed to have authority to bind the County to Modifications that change the Contract Sum or

Contract Time without express written consent of the County Engineer. In some instances the County

Engineer may be required by County ordinance or policy to request the approval of the County Manager or County Council to effectuate changes in Contract Sum, Contract Time or significant changes in Scope of Work.

1.19 County Project Manager. The County employee or authorized representative of the CEI or A/E who is assigned to the Project and is responsible for the day-to-day administration of the Project for the

County. The County may change the Project Manager at any time by providing notice to the Contractor.

1.20 Contract Plans. The official approved drawings or plans or exact reproductions thereof, which have been prepared and signed and sealed by an engineer on behalf of the County and shall be utilized by the

Contractor, which show the location, character, dimensions and details of the Work to be done and which are considered as part of the Contract Documents, including, but not necessarily limited to those

Contract Plans enumerated in Article 1.2.1 of the Construction Contract.

1.21 Engineer. References to the “Engineer” shall be presumed to refer to the County Engineer.

1.22 Engineer of Record. The professional engineer or engineering firm contracted or employed by the

County and registered in the State of Florida who is responsible for the preparation of the plans and specifications. The engineer of record may be County in-house staff or a consultant retained by the

County.

1.23 Field Order. A written instrument issued by the County to the Contractor, which clarifies or interprets the Contract Plans or Specifications or other Contract Documents, and/or orders minor variations in the Work, but which does not involve an adjustment in Contract Sum or Contract Time.

1.24 Final Completion. The date the County certifies that all Work required to complete the Project is complete.

1.25 Final Payment. The final payment by the County to the Contractor for all sums due and retained by the County pursuant to the Contract.

1.26 Laborer. Any person other than an architect, landscape architect, engineer, surveyor and mapper, and the like who, under properly authorized contract, personally performs on the site of the improvement labor or services for improving real property and does not furnish materials or labor service of others.

1.27 Liquidated Damages. A monetary payment made for damages, agreed by both parties in contract which are due and payable for breach by a party. May be applied on a daily basis for as long as the breach is in effect. Cannot be imposed as an arbitrary penalty. Must meet the threshold of reasonableness.

1.28 Lump…