2636ITB - Campbell Middle School REBID

Bid Opening: The City will accept only online submittals through our Platform, https://procurement.opengov.com/portal/codb, accessible through the City’s website https://www.codb.us/841/Purchasing. All Bid Responses MUST be submitted through this Platform. No paper Bids will be accepted. Interested parties may view the Bid Opening virtually. The link to the Bid Opening will be provided in the Timeline section in the #INTRODUCTION.

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

A Non-Mandatory Pre-Bid Conference will be held via Teams. Interested participants are urged to attend. Details are provided in the Timeline.

Question Deadline: The deadline for questions is detailed in the Timeline section of the INTRODUCTION. Questions must be submitted through the Platform using the Question & Answer tab. To ask a question click the Question and Answer tab, select the blue "Ask Question" button. Add a Subject, enter your questions, and then select the blue Submit Question icon.

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

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

Platform Support: Bidders shall contact OpenGov Procurement Support related to any inquiries related to the software. Bidders may contact Support via the blue chat bubble in the bottom right corner of an OpenGov Procurement webpage or can reach out via email at procurement-support@opengov.com or via phone at (855) 680-4747.

Issue Date: Tuesday, May 12, 2026

Project Details

• Reference ID: 2636ITB
• Department: Purchasing Division
• Department Head: Abigail Brock (Office of the Purchasing Agent)

Important Dates

• Questions Due: 2026-06-09T21:00:00.000Z
• Pre-Proposal Meeting: 2026-05-20T18:00:00.000Z — Join: https://teams.microsoft.com/meet/212730569650634?p=uURYR06SVBzco5ou6V Meeting ID:212 730 569 650 634 Passcode: Hy2uL9jA Dial in by phone +1 312-667-7230,,211650240# United States, Chicago Phone conference ID: 211 650 240# https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2FiYzEwOWQtMmM3Mi00MDFlLTgwYTMtYjEwNWMxYzkzMjk4%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22c87eed15-230f-4ec1-9c22-f6810ed3a341%22%7d

Evaluation Criteria

• FEDERAL CONTRACT PROVISIONS —

  This is an acknowledgment that FEMA financial assistance may be used to fund the agreement. The Contractor will comply with all applicable federal laws, regulations, and Executive Orders, including FEMA policies, procedures, and directives. The Contractor shall comply with all uniform administrative requirements, cost principles, and audit requirements for federal awards. Contractor shall ensure that all subcontracts comply with all applicable federal laws, regulations, and Executive Orders, including FEMA policies, procedures, and directives.

  A.    Equal Employment Opportunity. For all contracts for construction work which is defined as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

  This requirement applies to all FEMA grant and cooperative agreement programs.

  During the performance of this contract, the contractor agrees as follows:

  (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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, sexual orientation, gender identity, 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.

  (2) 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 consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

  (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

  (4) 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.

  (5) 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.

  (6) 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.

  (7) 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.

  (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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.

  The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

  The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

  The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

  B.       Contract Work Hours and Safety Standards Act. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

  Compliance with the Contract Work Hours and Safety Standards Act.

  Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

  Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

  Withholding for unpaid wages and liquidated damages. The City of Daytona Beach or State of Florida shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

  Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

  C.       Rights to Inventions Made Under a Contract or Agreement. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”  The Contractor must comply with the requirements of 37 C.F.R. Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency.

  If the FEMA award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F)

  D.       Clean Air Act. This requirement applies to contracts awarded by a non-federal entity of amounts in excess of $150,000 under a federal grant.

  The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

  The contractor agrees to report each violation to The City of Daytona Beach and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

  The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

  
  E.       Federal Water Pollution Control Act. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

  The contractor agrees to report each violation to The City of Daytona Beach (City) and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

  The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

  F.       Suspension and Debarment. This requirement applies to all FEMA grant and cooperative agreement programs.

  This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §180.935).

  The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

  This certification is a material representation of fact relied upon by State of Florida, and The City of Daytona Beach. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State of Florida and The City of Daytona Beach, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

  The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

  G.       Byrd Anti-Lobbying Amendment. This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18.

  Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

  Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

  Contractors must sign and submit APPENDIX A, 44.C.F.R PART 18 - CERTIFICATION REGARDING LOBBYING with each bid or offer exceeding $100,000.00.  

  H.       Procurement Of Recovered Materials. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs.

  In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

  • Competitively within a timeframe providing for compliance with the contract performance schedule;
  • Meeting contract performance requirements; or
  • At a reasonable price.

  Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

  The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

  I.       Prohibition on Contracting for Covered Telecommunications Equipment or Services

  (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause.:

  (b) Prohibitions.
  Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.

  Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:

               (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

              (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

              (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or

  
               (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

   

  (c) Exceptions. This clause does not prohibit contractors from providing:

              (i)  A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

              (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles

  By necessary implication and regulation, the prohibitions also do not apply to:

              (i) Covered telecommunications equipment or services that:

                          i.  Are not used as a substantial or essential component of any system; and
                          ii.  Are not used as critical technology of any system

              (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.

  (d) Reporting requirement.

  In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any   system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.

  The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

              (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number   (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available  information about mitigation actions undertaken or recommended.

              (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

  (e) Subcontracts.  The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

  J.       Domestic Preferences for Procurements.  As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

  For purposes of this clause:

  Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

  Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.”

  K.       Access to Records. The following access to records requirements apply to this contract:

  The Contractor agrees to provide State of Florida, The City of Daytona Beach, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

  
  The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

  
  The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

  
  In compliance with the Disaster Recovery Act of 2018, the State of Florida, The City of Daytona Beach, and the Contractor acknowledge and agree that no language in this he United States.

   

  L.     Changes. Contractor shall comply with all applicable Federal agency regulations, policies, procedures and directives, including without limitation those listed directly or by reference, as they may be amended or promulgated from time to time during the term of the contract.

  
  To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.

   

  M.      Department of Homeland Security (DHS) Seal, Logo, and Flags
  Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018).

  The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

  N.         Compliance with Federal Law, Regulations, and Executive Orders
  This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”
   
  O.        No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
   
  P.   Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

  Q.       Affirmative Socioeconomic Steps. If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.”

  R.       Copyright and Data Rights. The Contractor grants to The City of Daytona Beach, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to The City of Daytona Beach or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to The City of Daytona Beach data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by The City of Daytona Beach.

  S.    Drug Free Workplace Requirements Drug-free workplace requirements in accordance with Drug Free Workplace Act of 1988 (Pub l 100-690, Title V, Subtitle D). All contractors entering into Federal funded contracts over $100,000 must comply with Federal Drug Free workplace requirements as Drug Free Workplace Act of 1988. The Contractor shall comply with this requirement.

  T.      Mandatory Disclosures The contractor must disclose in writing all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award.

  U.   Utilization of Minority and Women Firms (M/WBE): The Contractor must take all necessary affirmative steps to assure that small, minority, and women-owned businesses are utilized when possible, in accordance with 2CFR 200.321. If subcontracts are to be let, prime contractor will require compliance of this provision by all sub-contractors. Prior to contract award, the contractor shall document efforts to assure that such businesses are solicited when there are potential sources; that the contractor made an effort to divide total requirement, when economically feasible, into smaller tasks or quantities to permit maximum participation by such businesses; and, that the contractor has established delivery schedules, where permitted, to encourage such businesses respond. Contractor and sub-contractor shall utilize service and assistance from such organizations as SBA, Minority Business Development Agency of the Department of Commerce, the Florida Department of Management Services (Office of Supplier Diversity), the Florida Department of Transportation, Minority Business Development Center, and Local Government M/DBE programs, available in many large counties and cities. Documentation, including what firms were solicited as suppliers and/or sub-contractors, as applicable, shall be included with the proposal submission.

  V.        Record Retention. Contractor will retain of all required records pertinent to this contract for a period of five years (after closeout of the disaster), beginning on a date as described in 2 C.F.R. §200.334 and retained in compliance with 2 C.F.R. §200.334. This provision is supplemental to other provisions in this Agreement.

  W.  Safeguarding Personal Identifiable Information. Contractor will take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive by the awarding agency or is considered sensitive consistent with applicable Federal, State and/or local laws regarding privacy and obligations of confidentiality.

  X.      Energy Policy and Conservation Act (43 U.S.C.§6201). All contracts except micro- purchases ($3000 or less, except for construction contracts over $2000). Contracts shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy and Conservation act. (Pub. L. 94- 163, 89 Stat. 871) [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995].

• GENERAL —

  The project consists of constructing 5-8’ wide concrete sidewalks along the streets around Campbell Middle School and Turie T. Small Elementary School, including Keech Street, and Cedar Street. The project also includes the construction of ADA compliant ramps with detectable warnings, reconstruction of driveways for ADA compliance, curb and gutter, clearing and grubbing, mobilization, maintenance of traffic, sign relocations, thermoplastic striping, and sodding.

• DEFINITIONS —

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

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

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

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

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

  Contract means the form Contract, if any, required by the City in order to integrate all terms and conditions therein, provided by the City for the Bidder’s execution and includes 1) the Solicitation documents 2) the Offer Package, 3) the Resolution or Ordinance 4) all Purchase Orders issued pursuant to the Solicitation documents 5) all amendments that may after the date of award be executed by the Bidder and the City 6) any addenda 7) any other Solicitation Documents. Also means an Agreement to purchase Goods or Services or both, regardless of whether the agreement is reduced to a single written document.

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

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

  Goods means Commodities.

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

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

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

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

  Pricing Sheet means the area within the Platform where Bidders will provide their pricing response for the Solicitation. Also known as Bid Schedule.

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

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

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

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

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

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

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

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

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

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

• EFFECTIVE DATE AND TERM —

  The Effective Date of the Contract is the date on which the last Party signs it. The successful Bidder(s) shall be awarded a Contract for an initial TBD, commencing on the effective date.

  The City will have the option to renew the Contract up to TBD Terms of TBD, by providing Contractor written notice. Such notice must be provided at least 60 days before the end of the current Term, unless waived by Contractor.

• BID DOCUMENTS —

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

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

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

• DEFINITIONS AND TERMS —
  1. Defined Terms.
     1. Whenever used in the Contract the following terms have the meanings indicated, which are applicable to both the singular and plural thereof. If there is a discrepancy between these definitions and those in the beginning of the solicitation these meanings will supersede.
     2. “50-Percent Completion” means the point at which the owner has expended 50% of the Adjusted Contract Price.
     3. “Adjusted Contract Price” means the Contract Price as set forth in the Contract, as previously adjusted by valid Change Order.
     4. “Bid" means the offer of the Bidder.
     5. “Bid Schedule” means the Bid Schedule submitted by Contractor with the Bid; unless Contractor was the sole responsive bidder and the Parties have negotiated final pricing as part of the bid solicitation process pursuant to the Purchasing Code, in which instance the term means the Revised Bid Schedule included within the Contract Documents.
     6. “Change Instrument” means a Field Directive or a Change Order.
     7. “Change Order” means a written directive issued by the owner authorizing an adjustment in the Contract Price, the Contract Time, the scope of Work, or any other material term or condition of the Contract. When approved by the City Commission, a change order may be in the form of a formal amendment to this Contract.
     8. “City Code” means the City of Daytona Beach Code of Ordinances.
     9. “City Commission” or “Commission” means the City of Daytona Beach City Commission.
     10. “City Manager” means the City Manager for the City.
     11. “Commencement Date” means the date established in the Notice to Proceed upon which the Contract Time begins to run; or if no such date is provided in the Notice to Proceed, the date of the Notice to Proceed.
     12. “Construction Contract form” means that part of the titled as “Project-Specific Construction Contract” or something similar and signed by the Parties.
     13. “Contract” includes all Contract Documents.
     14. “Contract Administrator” means the individual specifically authorized to administer the Contract on the owner’s behalf; provided, however that in all instances the City Manager may act as the Contract Administrator.
     15. “Contract Price” means the total compensation due to Contractor for the Work to be performed under the contract, subject only to those adjustments provided in the Contract Documents.
     16. “Contract Time” means the total period of time stated in the Contract between the Commencement Date and the deadline for Final Completion, subject only to those adjustments provided in the Contract Documents.
     17. “Critical Path” means the longest series of tasks that runs consecutively from the beginning to the end of the Project, as determined by duration and workflow sequence. This longest path sets the managerial standard for how quickly the Project can be completed, given appropriate resources.
     18. “Day” or “Days” means calendar days unless otherwise specifically noted in the Contract Documents.
     19. “Defective Work” or “Nonconforming Work” means Work that:
         1. Does not conform to the requirements of the Contract;
         2. Does not meet the requirements of any inspection, test, or approval as referred to in the Contract or as required by law;
         3. Contains defects;
         4. Represents a substitute for that required by the Technical Provisions, unless properly approved and authorized as provided in the Contract; or
         5. Has been damaged or destroyed prior to Final Completion.
     20. “Effective Date” means the date on which this Contract is approved by City Commission.
     21. “E/A” (also, “Engineer/Architect”, “Architect, or “Engineer” as applicable ) generally means the professional licensed architect or engineer who develops the criteria and concept for the Project, performs the analysis, and is responsible for the preparation of the Technical Provisions and Plans. The E/A may be the owner’s in-house staff or a consultant retained by the owner. No contractual relationship is created by this Contract between Contractor and the E/A.
     22. “Equipment” means the machinery and equipment, together with the necessary supplies for upkeep and maintenance thereof, and all other tools and apparatus necessary for the construction and acceptable completion of the Work.
     23. “Field Directive” means a written order prepared and signed by the owner, not involving a change in Contract Price or Contract Time, directing a minor change in the Work where a Change Order is not required.
     24. "Final Completion" means acceptance of the Work by the owner as evidenced by its signature upon the Certificate of Final Completion.
     25. “Force Account” means a method for payment of additional Work that is based on Contractor’s labor, equipment and materials costs with consideration for overhead and profit.
     26. “Force Majeure Event” means conditions or other circumstances, such as acts of God, that: (i) were not foreseen, and could not have been reasonably foreseen, by Contractor or the owner, (ii) are beyond the control of Contractor and the owner, and (iii) materially hinder or interfere with the ability of Contractor to prosecute the Work; provided, however, that no such condition or circumstance will be a Force Majeure event if it is the result of Contractor’s fault, negligence, or material breach of this Contract. Examples of Force Majeure events include wars, floods, strikes and labor disputes, unusual delay in transportation, epidemics abroad, earthquakes, and severe adverse weather conditions not reasonably anticipated.
     27. “Hazardous Materials” has the meaning as provided by law.
     28. “Legal Requirements” means, collectively, all applicable federal, state, and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi-government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work. The term includes the City Code and other City ordinances and regulations.
     29. “Materials” means goods or substances to be incorporated in the Work under the Contract.
     30. “Milestone” means a significant event specified in the Contract Documents relating to an intermediate completion date or time prior to Final Completion of the Work.
     31. “owner” means the City of Daytona Beach; or, if the form Contract so provides, the Community Redevelopment Agency for the City. All references within the Technical Provisions to the “City” (whether or not capitalized) are intended to refer to the “owner” unless logic dictates otherwise.
     32. “Plans” means the plan documents prepared by the E/A and identified in the Table of Contents or otherwise incorporated into the Contract, including reproductions thereof, showing the location, character, dimensions, and details of the Work. The term may also be referred to herein as “drawings,” “contract drawings,” “contract plans,” or similar terms; but not “shop drawings.”
     33. “Project” means the subject of the Work and its intended result.
     34. “Project Site” or “Site” means the land or premises on which the Project is located, and in addition any land and areas identified in and permitted for use by Contractor by the Contract, subject to conditions that may apply such as for rights-of-way, permits, and easements.
     35. “The Prompt Payment Act” means the Local Government Prompt Payment Act, F.S. § 218.70 et seq. (2014), as hereafter amended.
     36. “Purchasing Code” means the provisions of Chapter 30 of the City Code.
     37. “Referenced Standards” includes standards, standard details, specifications, manuals, regulations or codes of any technical society, organization or association, or of any governmental or quasi-governmental authority referred to in the Contract to describe the nature or quality of any of the Work, whether such reference be specific or by implication, and means the latest standard, standard detail, specification, manual, regulation or code in effect at the time of Bid opening, except as may be otherwise specifically stated in the Contract.
     38. “Resident Project Representative” means, where the E/A is a private firm or person under contract with the City to act as the E/A, the authorized representative of E/A assigned to the Project Site; and in all other instances, the Contract Administrator.
     39. “Risk Manager” means the Risk Manager for the City or designee; provided however, that the City Manager may act on behalf of the Risk Manager.
     40. “Schedule of Values” means the written breakdown of the Contract Price by Construction Specification Institute divisions or by other format acceptable to the owner, prepared by Contractor for owner’s review and approval.
     41. “Shop Drawings” means all drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor as required by this Contract.
     42. “Site-Related Reports” means any environmental, geotechnical, subsoil, and related reports relating to conditions at the Project Site which were used or made available for the owner’s or E/A’s use in creating the Plans.
     43. “Specifications” means the Technical Provisions and Plans.
     44. “Stored Materials” means delivered materials or equipment that are located at the Project Site, or with the owner’s approval at another location, and that have not yet been incorporated into the Work.
     45. “Subcontractor” means a person or firm that under a direct contract with Contractor to perform a portion of the Work, and also unless logic dictates otherwise, sub-subcontractors and persons or firms doing work through such sub-subcontractors.
     46. "Substantial Completion" means the completion of the Work, or an agreed upon portion of the Work, so as to allow the owner to occupy and use the Project or a portion thereof for its intended purposes.
     47. “Sub-subcontractor” means a person or firm who has a direct or indirect contract at any tier with a subcontractor to perform a portion of the Work.
     48. “Supplemental General Conditions” means that part of the Contract labeled as such and identified in the Table of Contents or otherwise incorporated into the Contract, that amends and supplements these General Conditions.
     49. “Contractor” means a person or firm having a contract with Contractor or with any subcontractor of any tier to furnish materials to be incorporated in the Work.
     50. “Technical Provisions” means those provisions of the Contract containing or referencing required technical specifications and standards. The term includes all such technical specifications and standards of other governmental jurisdictions, or professional association where referenced in the Contract, including any exceptions thereto regardless of whether these are attached to or enumerated within the Contract.
     51. Whenever this Contract refers to but does not include a specific Technical Provision, the reference will be deemed to be to the version of the referenced Technical Provision included in the applicable City engineering or utility standard unless logic dictates otherwise.
     52. “Unilateral Change Instrument” means a Change Instrument issued by the owner and not executed by Contractor.
     53. “Unit Price Schedule” means the Bid Schedule.
     54. “Working Hours” means 7:00 am through 6:00 pm, Monday through Friday excluding holidays designated by the City.
  2. Abbreviations. The following abbreviations, when used in the Contract, represent the full text shown.
     • AAN: American Association of Nurserymen, Inc.
     • AASHTO: American Association of State Highway and Transportation Officials
     • ACI: American Concrete Institute
     • AGC: The Associated General Contractors of America, Inc.
     • AGMA: American Gear Manufacturers Association
     • AIA: American Institute of Architects.
     • AISI: American Iron and Steel Institute
     • ANSI: American National Standards Institute, Inc.
     • APWA: American Public Works Association
     • AREA: American Railway Engineering Association
     • ASCE: American Society of Civil Engineers
     • ASME: American Society of Mechanical Engineers
     • ASTM: American Society for Testing and Materials
     • AWG: American Wire Gauge
     • AWPA: American Wood Preservers Association
     • AWS: American Welding Society
     • AWWA: American Water Works Association
     • CRSI: Concrete Reinforcing Steel Institute
     • DIPRA : Ductile Iron Pipe Research Association
     • EASA: Electrical Apparatus Service Association
     • EPA: Environmental Protection Agency of the United States Government
     • FDHR: Florida Division of Historical Resources
     • FEMA: Federal Emergency Management Agency
     • FDEP: Florida Department of Environmental Protection
     • FDOT: Florida Department of Transportation
     • FHWA: Federal Highway Administration
     • FSS: Federal Specifications and Standards
     • IEEE: Institute of Electrical and Electronics Engineers
     • IES: Illuminating Engineering Society
     • IFAS: Institute of Food and Agricultural Sciences
     • IMSA : International Municipal Signal Association
     • IPCEA: Insulated Power Cable Engineers Association
     • ISA: International Society of Arboriculture
     • ISO: International Organization for Standards
     • MPO: Volusia County Metropolitan Planning Organization
     • MSTCSD: Minimum Specifications for Traffic Control Signals and Devices
     • MUTCD: Manual on Uniform Traffic Control Devices
     • NACE: National Association of Corrosion Engineers
     • NEC: National Electrical Code
     • NEMA: National Electrical Manufacturers Association
     • NFPA: National Fire Protection Association
     • NIST: National Institute for Standards and Technology
     • NOAA: National Oceanic and Atmospheric Administration
     • NSPE: National Society of Professional Engineers
     • OSHA: Occupational Safety and Health Administration
     • SAE: Society of Automotive Engineers
     • SJWRMD: St. Johns River Water Management District
     • SI: International System of Units
     • SSPC: Society of Protective Coatings
     • UL: Underwriters' Laboratories
     • USACOE: United States Army Corps of Engineers
     • USGS: United States Geological Service
     • Each of the above abbreviations, when followed by a number or letter designation, or combination of numbers and letters, designates a specification, test method, or other code or recommendation of the particular authority or organization shown. Where the above-referenced abbreviations refer to a written standard, specifications, test method, or other code, the reference will be deemed to be the edition of the code promulgated at the time of Bid opening.
  3. Use of Terms.
     1. Singular and Plural. The owner, E/A, Contractor, subcontractor, sub-subcontractor, Contractor, other contractors, surety, insurer and others may be referred to in the Contract Documents as if singular in number. In the event that more than one person or entity occupies the position referred to and unless otherwise indicated, the term is interpreted to include all such persons or entities.
     2. Technical Terms and Trade Usage. Terms in the Contract which have well-known technical or construction industry meanings and are not otherwise defined are used in accordance with such recognized meanings unless the context clearly indicates otherwise.
• ORGANIZATION AND INTENT OF CONTRACT —
  1. Interpreting the Contract.
     1. Order of Precedence. In cases of conflict or discrepancy among Contract Documents, interpretations will generally be based on the following order of precedence, ranked from highest to lowest priority:
        1. Change Orders;
        2. The Construction Contract form;
        3. Supplemental General Conditions, if any;
        4. General Conditions;
        5. Technical Provisions;
        6. Plans (figured dimensions will govern over scaled dimensions);
        7. The Invitation to Bid and General and Supplemental Instructions to Bidders, including Addenda thereto;
        8. The Bid Schedule;
        9. All other documents required to be submitted and submitted as part of Contractor’s Bid Proposal; and
        10. All other Contract Documents that are neither listed above nor expressly incorporated into one of the foregoing Contract Documents;
            • with the understanding that a common sense approach will be used as necessary so that the Contract Documents produce the intended response.
     2. Contract Documents Complementary. The Contract Documents are complementary, and what is required by one is as binding as if required by all. Anything mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, are of like effect as if shown or mentioned in both.
     3. Intent to Require Completed Project. The intent of the Contract Documents is to require that Contractor provide all materials and labor, including tools, equipment and supervision, necessary for the proper execution and completion of the Work as a functioning whole or required for a completed Project.
     4. Work Required if Reasonably Inferable. Performance by Contractor is required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. Where no explicit quality or standards for materials or workmanship are established for the Work, the Work is to be of good quality for the intended use and consistent with the quality of surrounding Work which conforms to the requirements of the Contract Documents and to the standards for construction of the Project generally.
     5. Organization of Drawings and Specifications. Organization of the Drawings around professional disciplines such as civil, architectural, structural, plumbing, mechanical, and electrical, and of the Specifications into divisions, sections, and articles, does not control Contractor in dividing the Work among sub-contractors or in establishing the extent of Work to be performed by any trade or excuse Contractor of its obligation to properly allocate and provide for the performance of all Work under the Contract.
     6. Documents Excluded from the Contract.The Contract Documents do not include the Site-Related Reports referenced herein or other documents issued or provided to Contractor for the information of Contractor or for reference purposes and which are not specifically incorporated in the Contract Documents.
     7. Titles, Headings, and Capitalization. The titles and headings of the various sections and subsections of these General Conditions and other Contract Documents are intended only as a matter of reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents. The use, or inadvertent failure to use, capitalization of terms used in the Contract Documents is not intended to define or limit the meaning of the term.
     8. Other Interpretive Rules.
        1. Provisions of the Contract Documents that use the active voice-imperative mood writing style are directions to Contractor and are intended as commands. In such instance, the subject “the Bidder” or “Contractor” is understood.
        2. Provisions of the Contract Documents that use the passive voice writing style are also directions to Contractor and intended as commands unless logic clearly dictates otherwise.
        3. Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.
  2. Referenced Standards.
     1. Standards Incorporated. All Referenced Standards are incorporated into the Contract as fully as if printed and bound with the Specifications, but only to the limited extent that such standards are applicable to the Work.
     2. Availability of Referenced Standards. Contractor is responsible for obtaining and having available at the Project Site a copy of each Referenced Standard insofar as it is applicable to the Work.
     3. Precedence of Contract Documents Over Referenced Standards. No provision of a Referenced Standard is effective to change (i) the procedures established in the Contract Documents or by any applicable laws or regulations, or (ii) the duties and responsibilities of the owner, E/A or Contractor from those set forth in the Contract Documents; nor is any provision of a Referenced Standard effective to assign to the owner or the E/A any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the Contract.
• TECHNICAL SPECIFICATIONS —

  Please see attachments for LAP Division I Specifications and associated documents. 

• WORK DIVIDED INTO LOTS —

  Award of this Offer will be on a lot-by-lot basis to the lowest Responsive and Responsible Bidder for each individual lot. Bidder will provide a price for each lot being Offered.

   

• PRELIMINARY MATTERS —
  1. Pre-Contract Submittals. The owner reserves the right to require certain Submittals before executing the Contract. Submittals required before execution of the Contract include, but are not limited to Insurance certificates acceptable to the owner as provided in the Contract and any other submittals required by the Bid Documents.
  2. Project Information. Within ten days after the Effective Date, the owner will furnish Contractor free of charge, two signed, sealed, hard copies and one electronic copy of the Plans in AutoCAD and the Technical Provisions in PDF format, and one copy of each of the Site Related Reports, if any. All Site Related Reports are given to Contractor for information only, are not warranted as to accuracy, and are not a part of the Contract Documents. Contractor will not be entitled to rely on the accuracy or the completeness of any information contained in these Reports in performing the Work required herein, or in seeking claims for Contract Price or Contract Time adjustments. It is the Contractor’s responsibility to determine and verify all information provided by owner including, but not limited to grades and elevations.
  3. Contractor’s Review of Contract Documents and Site Related Reports. Before undertaking a project, Contractor will carefully study the Contract Documents and any Site Related Reports provided by owner, to check and verify pertinent figures shown thereon compares accurately to all applicable field measurements. Contractor will promptly report in writing to the Contract Administrator any conflict, error, ambiguity, or discrepancy that Contractor discovers and will obtain a written interpretation or clarification from the Contract Administrator before proceeding with any Work affected thereby. Contractor will be liable to the owner for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents or Site Related Reports of which Contractor knew or reasonably should have known.
  4. Pre-Construction Submittals.
     1. Contractor will prepare and submit all required pre-construction submittals within 15 Days after the Effective Date, except where the Contract Administrator extends time for submittal in writing. The submittals will include each of the following:
        1. A proposed Progress Schedule, developed using Microsoft Project software unless otherwise approved by the Contract Administrator. The Progress Schedule will (i) indicate the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract, (ii) identify the Critical Path for completing the Work, (iii) identify when all subcontractors will be utilized, and (iv) take into consideration any Working Hours limitations. The Progress Schedule will contain sufficient detail to indicate that Contractor has identified all required Work elements and tasks, has provided for a sufficient and proper workforce and integration of subcontractor, has provided sufficient resources and has considered the proper sequencing of the Work required to result in a successful Project that can be completed in accordance with any Milestones and within required completion deadlines.
        2. A proposed Schedule of Values, except where the Contract Price is based solely on Unit Prices set forth in the Bid Schedule. The Schedule of Values will be prepared in such a manner that each item of Work is shown as one or more line items on AIA Document G703, Continuation Sheet (latest ed.) or such other form as the owner may prescribe, and will contain such detail and be supported by such data as to allow the owner and the E/A to substantiate accuracy. Upon approval by the owner, the Schedule of Values will be used as the basis for reviewing progress payment requests. After the owner has approved the initial Schedule, Contractor will revise and resubmit for the owner’s approval, amended Schedules of Values as necessary to reflect adjustments in the Contract Price resulting from approved Change Orders. A schedule of values may be required if a substantial portion of the contract price is a lump sum bid item.
        3. An organizational chart showing the principals and management personnel who will be involved with the Work, including each one’s responsibilities for the Work.
        4. Preliminary Shop Drawings. Shop Drawings will be neat, legible, and drawn to scale. Contractor will specifically identify any proposed deviations from dimensions, details, and other requirements as provided by the Plans and specifications. When submitting Shop Drawings, Contractor will also provide a written narrative explanation itemizing each proposed deviation from the Specifications or other Contract requirements. No such deviations will be deemed to be accepted unless they are specifically approved in accordance with the procedures for substitutes and Change Orders.
        5. To the extent not set forth in the Contract, a letter designating the Superintendent and, if such designation is required by the Supplemental General Conditions, the Project Manager.
        6. A letter designating Contractor’s safety representative, who will be responsible for general safety and excavation safety measures along with certifications or other documentation of the safety representative's qualifications.
        7. If applicable, an excavation safety system plan.
        8. If applicable, a plan illustrating proposed locations of temporary facilities.
        9. A completed Non-Use of Asbestos Affidavit (prior to construction).
        10. A map of proposed “haul routes” for delivery of materials and transportation of equipment to the Project Site.
        11. A letter designating the Florida Registered Professional Land Surveyor for layout of the Work, if the Work requires the services of a surveyor.
        12. Any other documents as required by the owner, consistent with the terms of the Contract.
        13. The Supplemental General Conditions (if any) or the Technical Provisions may amplify, waive, or otherwise amend requirements for the above-referenced submittals.
     2. The owner will have the right to accept or reject each of the required submittals. The owner will provide Contractor written notice as to any submittals that are rejected, in which instance Contractor will promptly resubmit them. Alternatively in such instance, the owner will have the right but not the obligation to schedule a preconstruction meeting; provided that the preconstruction meeting is scheduled no later than 30 days after the Effective Date, and the owner may delay issuance of the Notice to Proceed until the owner and Contractor have held the meeting.
     3. The owner’s acceptance of the above-referenced submittals will be deemed to be general only relating solely to their sufficiency and compliance with the intent of the Contract. Such acceptance does not constitute the owner’s adoption, affirmation, or direction of Contractor’s means and methods, and does not constitute a Change Instrument. owner’s acceptance of the Progress Schedule will not impose on the owner, responsibility or liability for the sequencing, scheduling, or progress of the Work, and will not relieve Contractor from Contractor’s responsibility for complying with the terms and conditions of this Contract. Contractor will at all times remain responsible for the factual accuracy of all such submittals.
  5. Notice to Proceed. No work will proceed until the owner has issued a written notice to proceed. The owner will issue a Notice to Proceed within 60 days after the Effective Date, provided that Contractor has submitted all required documents, including insurance and, where applicable Performance Security. The owner in its sole discretion may delay issuing the Notice if Contractor has not completed its preconstruction submittals within that time; or with Contractor’s written concurrence for any other or no reason.
  6. Limitations on Custody and Use of Plans. Contractor will not re-use the Plans and Technical Provisions, including modifications thereto, on any other project or for any other client. Contractor may not own or claim a copyright in the Site-Related Reports, or the Plans or any other Contract Documents. With the exception of the signed Contract Documents, all sets of the above-referenced documents are the property of the owner and will be returned to the owner on request or at the completion of the Work prior to issuance of Final Payment.
  7. Availability of Lands. The owner will provide access to the Project Site, secure any easements necessary therefore, and notify Contractor of any restrictions in such access. The owner may identify in the Contract Documents encumbrances or restrictions not of general application which are known by the owner and specifically related to use of the Site, but which are not of public record. Contractor will comply with such encumbrances and restrictions in performing the Work. Permanent easements for the completed facility or for changes in existing facilities will be obtained and paid for by the owner, unless otherwise provided in the Contract Documents.
• MULTIPLE AWARDS —

  The City reserves the right to award multiple Contracts if this is deemed in the City’s best interest. A Contract will be awarded to the lowest responsive and responsible Bidder. The City further reserves the right to award a secondary Contract to the next lowest responsive and responsible Bidder. The Secondary Bidder will be awarded a Contract for work that the Primary Bidder is unable to perform, cannot meet the City’s time requirements or whose pricing is unacceptably high for a specific project. There are no guarantees as to the quantity of work.

   

• UTILITIES STATEMENT —

  Attention of the Contractor is directed to the possible presence of water, sewer, gas mains, electrical wires, conduit, and communications cables (both overhead and underground). The Contractor shall exercise special care and extreme caution to protect and avoid damage to utility company facilities as described in the preceding sentence. All notifications to the utility company and “Sunshine” – 1-800-432-4770 shall be, at least, two weeks in advance of working in the area of the specific affected utility. The notification to “Sunshine” is required by the Contractor whenever any excavating or similar work is to be performed. Should any existing utilities be damaged or destroyed due to the operations of the Contractor, the damaged or destroyed components shall be immediately replaced or repaired as necessary to restore the utility to a satisfactory operating condition. These repairs or replacement shall be at no additional expense to the City or the owner of the utility.

  The existing utilities requiring immediate relocation or repair shall be relocated or repaired by the agency responsible for their maintenance or by the owner of the utility unless otherwise indicated in the Contract Documents. The Contractor shall inform the respective Utility, immediately upon discovering the conditions(s). In addition, the Contractor shall give sufficient notice to the specific. Utility of the Contractor’s overall plan for construction. The Contractor and Utility Company will coordinate the applicable Utility work with the Contractor’s work operations based upon the Contractor’s overall plan.

  The following known utility companies may have existing facilities or interest within the limits of the designated work areas in this Contract. The City has previously reached out to each of them and none to date have indicated a potential conflict. Please note some agencies have been simply unresponsive and it is recommended to follow up accordingly based on the Sunshine One Call locates.

  AT&T / Distribution (telephone) - Kirby Spencer | (386) 366-4588

  CenturyLink Communications - Ron Prairo | (407) 754-0116

  Charter Communications (Spectrum) - Tim Haynes | (407) 532-8614

  City of Daytona Beach (Water/Sewer/Stormwater) - James Pekala | (386) 671-8827

  Crown Castle Fiber - Danny Haskett | (305) 552-2931

  Florida Power & Light (Volusia) - Christopher Buonanni | (407) 328-1911

  TECO Peoples Gas - Bruce Stout | (407) 420-2678

  VOTRAN (Transit) - Jacob Lunceford (386) 257-6000

  All notifications to the above utility companies and “Sunshine” 1-800-432-4770 shall be given at least two weeks in advance of working in the area of the specific affected utility. The notification to “Sunshine” is required whenever any excavating or similar work is to be performed.

• OWNER’S RESPONSIBILITIES —
  1. Contract Administrator. The Contract Administrator is authorized to administer the Contract on behalf of the owner, commencing on the Effective Date and terminating on the date Contractor performance is completed (including final payment) or terminated.
     1. The Contract Administrator’s authority is limited as follows:
        1. Provide direction to Contractor to ensure satisfactory and complete performance;
        2. Issue Field Directives;
        3. Monitor and inspect Contractor performance to ensure acceptable timeliness and quality;
        4. Maintain necessary documentation and records regarding Contractor performance and other pertinent matters;
        5. Furnish timely written notice of Contractor performance failures to the City Manager and to the City Attorney, as appropriate;
        6. Determine acceptance or rejection of Contractor’s performance;
        7. Approve or reject applications for payment, other than application for final payment;
        8. Furnish necessary reports to the City Manager;
        9. Recommend Change Instruments or stop work orders to the City Manager; and
        10. Recommend termination of Contract or work authorizations for default or convenience to the City Manager.
     2. The authority of the Contract Administrator is limited to the functions set forth above. In particular, the Contract Administrator is NOT authorized to make determinations (as opposed to recommendations) that:
        1. Alter or modify Contracts;
        2. Terminate or cancel Contracts;
        3. Approve, as opposed to recommend, Change Orders or Contract Amendments;
        4. Except as expressly provided herein, interpret ambiguities in Contract language; or
        5. Approve final applications for payment; or
        6. Waive the owner's contract rights.
  2. City Manager. The City Manager has all of the authority of the Contract Administrator. The City Manager has authority to approve final applications for payment except where approval also requires approval of a change order that is not within the City Manager’s authority, below. In addition, the City Manager is authorized to issue (i) Change Orders increasing Contract Price or Contract Time as provided in the Purchasing Code or as specifically authorized by the City Commission; (ii) Change Orders reducing Contract Price or Contract Time; and (iii) stop work orders where reasonably necessary to preserve property or prevent injury.
  3. Authority Reserved in City Commission. All administrative authority not specifically conferred upon the Contract Administrator or City Manager is reserved to the City Commission. Modifications to the Contract required to be approved by the Commission may be in the form of Change Orders or formal amendments, as appropriate.
  4. General Obligation to Avoid Delays. Information or services under the owner's control will be furnished by the owner with reasonable promptness to avoid delay in orderly progress of the Work. The owner will have a reasonable amount of time to investigate site conditions, review submittals, analyze requests for changes, and to make other decisions in the orderly administration of the Contract. Contractor will notify the owner in writing, if the time for the investigation, review, analysis of any submittals, required for changes or otherwise required for the owner’s decision, impacts in any way the Critical Path of the current approved Progress Schedule.
  5. Owner-Provided Inspectors. The owner will provide persons to perform owner-required inspections.
• AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS —

  Contractor will obtain any additional temporary construction facilities, stockpiling or storage sites not otherwise provided. Contractor will be responsible for providing at his own expense and without liability to the owner, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor will be required to obtain approval of any private property owner for such additional lands and access unless specifically provided otherwise in the Contract Documents.

  1. Subsurface and Physical Conditions.
     1. Contractor affirms that Contractor has carefully examined the Plans and the Site-Related Reports, if any. Contractor acknowledges that the Site-Related Reports are not a guarantee of specific site conditions which may vary between boring locations, and that the Project Site is unwarranted.
     2. Contractor affirms that prior to executing this Contract, Contractor has had the opportunity to become familiar with the Project Site and the local conditions under which the Project is to be constructed and operated, and to undertake its own geotechnical studies to the extent that Contractor deems appropriate. Contractor will not be entitled to any additional time or compensation as a result of any conditions at the Project Site which would have been disclosed to Contractor by a site visit or by undertaking its own geotechnical studies.
     3. Contractor will provide the owner written notice as soon as reasonably possible, but no later than three days, if unforeseen conditions are encountered at the Project Site which are subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature that differ materially from those normally encountered in the type of work being performed under this Contract. Contractor may not disturb the conditions until the owner conducts an investigation. The owner will promptly investigate such conditions.
        1. If it is determined that such conditions differ materially and cause an increase or decrease in Contractor's cost of or time required for performance of any part of the Work, the Contract Administrator will recommend an equitable adjustment in the Contract Price or Contract Time, or both. If it is determined that such conditions are not materially different from those indicated in the Contract Documents, the Contract Administrator will notify Contractor in writing of such findings and the Contract will not be adjusted.
        2. Contractor will be liable to the owner for failure to report any such conflict, error, ambiguity, or discrepancy of which Contractor knew or reasonably should have known, and for Contractor’s failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents within said three-day period, and for any increases in Project costs, or damages accruing, in association with Contractor’s disturbance of the conditions pending owner’s investigation.
     4. Notwithstanding any other provision of this Contract, Contractor is solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the Work area. "Public utility lines" means the utility distribution and supply system, and "utility customer service lines" means the utility lines connecting customers to the utility distribution and collection system. Generally, existing utility customer service line connections are not shown on the Plans. Contractor will notify "One Call" and exercise due care to locate, mark, uncover and otherwise protect all such lines in the construction zone and any of Contractor's work or storage areas. Contractor's responsibility for the location and protection of utilities is primary and non-delegable. Contractor will indemnify or reimburse such expenses or costs (including fines that may be levied against the owner) that may result from unauthorized or accidental damage to all public lines and utility customer service lines in the work area. The owner reserves the right to repair any damage Contractor causes to such utilities at Contractor's expense. If a public or customer service line is damaged by Contractor, Contractor will give verbal notice within one hour and written notice within 24 hours, to the owner and to the utility representatives identified on the Plans.
     5. Contractor will take reasonable precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature will be disturbed without written permission of the owner and the FDHR. When such objects are uncovered unexpectedly, Contractor will stop all Work in close proximity and notify the owner and the FDHR of their presence and will not disturb them until written permission and permit to do so is granted. All primitive rights and antiquities uncovered on the owner's property will remain property of FDHR conforming to applicable provisions of Florida Statutes. If the owner, in consultation with the FDHR, determines that exploration or excavation of primitive records or antiquities on Project Site is necessary to avoid loss, Contractor will perform salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in Contractor's cost of, or time required for, performance of the Work, the Contract Price or Contract Time will be equitably adjusted subject to compliance with the provisions herein for Changes and Delays.
  2. Protection of Reference Points. Unless otherwise specified, the owner will furnish a base line and a suitable number of bench marks adjacent to the work. From the information provided by the owner, Contractor will develop and make all detailed surveys, stakes, lines, and elevations, as Contractor deems necessary. Contractor will carefully protect and preserve benchmarks, reference points, and stakes. If these benchmarks, reference points, or stakes are disturbed or destroyed due to Contractor’s failure to comply with the above-referenced requirement, Contractor will bear the cost of expenses of relocating and replacing them, including the costs of a Registered Professional Land Surveyor if the owner determines the same to be necessary.
  3. Hazardous Materials.
     1. To the extent provided by applicable law, the owner will be responsible for any pre-existing hazardous material uncovered or revealed at the Project Site which was not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work.
        1. Contractor will immediately stop Work in the affected area and will take all necessary precautions to avoid further disturbance of the materials. Contractor will also will immediately notify the owner and, if required by applicable law or regulations, all government or quasi-government entities with jurisdiction over the Project or Project Site.
        2. Upon receiving notice of the presence of suspected Hazardous Materials, the owner will take the necessary measures required to ensure that the Hazardous Materials are remediated or rendered harmless. Such necessary measures will include the owner retaining qualified independent experts to (i) ascertain whether Hazardous Materials have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that the owner will take either to remove the Hazardous Materials or render the Hazardous Materials harmless.
        3. Contractor will be obligated to resume Work at the affected area of the Project only after the owner provides written certification that (i) the Hazardous Materials have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or Site. Contractor will be responsible for continuing the Work in the unaffected portion of the Project and the Project Site.
        4. Contractor will be entitled, in accordance with these General Conditions, to an adjustment in its Contract Price or Contract Time(s) to the extent Contractor’s cost or time of performance have been adversely impacted by the presence of Hazardous Materials.
     2. Contractor will maintain at the Project Site, available to the owner, appropriate information pertaining to all Hazardous Materials brought to the Project Site by Contractor or any subcontractor, and as may be required by the Supplemental General Conditions, if any. Contractor will ensure that all such materials are properly labeled or identified, and will properly store, handle and use them at all times. In accordance with federal Hazard Communication Standard (29 CFR § 1910.1200) and all other applicable Legal Requirements, manufacturers and distributors are required to label each Hazardous Material or chemical container, and to provide Material Safety Data sheets to the purchaser. Contractor will comply with these laws and will provide the owner with copies of all relevant documents, including Material Safety Data sheets prior to performance or services or contemporaneous with delivery of goods. Contractor will provide and designate appropriate and secure areas for their storage and will notify the owner of their presence and location at Project Site. Contractor will not store Hazardous Materials at the Project Site in excess of those reasonably needed for Contractor’s prosecution of the Work, and will properly remove or dispose of all Hazardous Materials, including combustible waste, as soon as possible after completion of the operations in which they are utilized.
     3. No asbestos-containing materials will be incorporated into the Work or brought on Project Site without prior approval of the owner. Contractor will not knowingly use, specify, request or approve for use any asbestos containing materials or lead-based paint without the owner’s written approval. When a specific product is specified, Contractor will endeavor to verify that the product does not include asbestos containing material.
     4. Contractor will be solely responsible for use, storage and remediation of any Hazardous Materials brought to Project Site by Contractor, subcontractors, sub-subcontractors, Contractors, and anyone else for whom Contractor is responsible. Contractor will indemnify, defend and hold harmless the owner and the owner’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Materials introduced to Project Site by Contractor, subcontractors, sub-subcontractors, Contractors, or anyone for whose acts they may be liable.
• PRICE REDETERMINATION —

  Once each year during the term of the Contract, including any extension or renewal periods thereof, the Contractor may, but is not obligated to, petition the Purchasing Agent for one or more price redeterminations where such price redetermination(s) is/are necessitated by documented increases in the cost of wages, fuel, or materials. Petitions for price redeterminations shall be made within thirty (30) days of the anniversary date of the Contract (i.e., the calendar day and month when the Contract became effective) and only after the Contract has been in effect for at least one year. Any such petition shall be made pursuant to the provisions of this section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this Agreement, no other price redeterminations shall be allowed. All price redeterminations, once issued, shall be prospective from the date of approval unless otherwise approved by a duly executed amendment to this Agreement.

  1. Basis for Price Redeterminations. The Contractor may petition the Purchasing Agent for price redetermination based on the increased costs of wages, fuel, or materials. Price redeterminations will be based solely upon changes in pricing or costs documented by either the Employment Cost Index (ECI) or Producer Price Index (PPI), whichever is applicable, as published by the Bureau of Labor Statistics. The base index number for the ECI will be for the quarter in which the ITB opens. The base index number for the PPI will be for the month the ITB opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the “base index number.” The City shall have the right to audit the Contractor’s records, including, but not limited to, payroll, materials, and fuel cost records, to verify or otherwise investigate the validity of any price redetermination request.
  2. Wage Price Redetermination. When requesting a price redetermination based upon an increase in wage costs, the Contractor shall refer to and utilize the Employment Cost Index, Total Compensation, Private Industry, Index Number and Occupational Group as prepared by the Bureau of Labor Statistics in the U.S. Department of Labor https://stats.bls.gov/data/. The base figure will be tied to Installation, maintenance, and repair occupations under the heading all industries. Wage price redetermination increases shall be granted only by reason of wage increases associated with the Contractor’s employees or subcontractors performing work or services pursuant to the Agreement.
  3. Minimum Wage Price Redetermination. If the minimum wage increases during the term of the agreement, including any renewal or extension period thereunder, the Contractor may petition the Purchasing Agent for price redetermination for those job categories where the pay to the Contractor’s employee(s) is the current minimum wage. Upon verification of the information provided, the City will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The Contractor must increase the pay to the employee(s) by the amount the Contractor has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the Contractor will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The Contractor must supply written documentation of any other increase that is beyond the scope and control of the Contractor. All written documentation must satisfy the reasonable expectations of the Purchasing Agent and Internal Auditor.
     1. Example: Minimum wage increases from $7.31 to $7.56 per hour. The Contractor may petition for an increase of $0.25 per hour to be paid to the affected employee(s) and shall provide written and documented cost increases for FICA, Medicare and Workers' Compensation. The resulting increase in costs shall be incorporated into fees/rates billed to the City.
     2. If the Contractor bills the City at a higher price according to any price redetermination granted by the City, and the Contractor fails to increase the hourly rate paid to the employee for the same period, the Contractor will be considered in Agreement default and the Agreement will be immediately terminated.
  4. Fuel Price Redetermination. If/when the price of fuel increases by a minimum of ten (10%) percent, the Contractor may petition the Purchasing Agent for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the Contractor shall be required to petition for a fuel price redetermination decrease if/when the price of fuel decreases by a minimum of ten (10%) percent. Failure to make such petition may be grounds for Agreement termination and shall entitle the City to a refund of the cumulative increase in pay to the Contractor due to any prior fuel price redetermination increase(s). Fuel price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodities “Unleaded Gasoline-WPU057104” or “#2 diesel fuel - WPU057303,” as such may be applicable to the Contractor’s operations in connection with the Contractor’s performance of the Agreement.
  5. Materials Price Redetermination. At the anniversary date of the Agreement, the Contractor may petition the Purchasing Agent for a materials price redetermination. As a condition of petitioning for a materials price increase, the Contractor shall be required to petition for a materials price redetermination decrease if/when the price of materials used by the Contractor in connection with the Agreement decreases. Failure to make such petition may be grounds for Agreement termination and shall entitle the City to a refund of the cumulative increase in pay to the Contractor due to any prior materials price redetermination increase(s). Materials price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodity TBD, as published by the Bureau of Labor Statistics.
  6. Price Redetermination Calculation. All Price Redeterminations shall be calculated as follows:
     1. Example: Contractor indicated on the Submittal Form that thirty percent (30%) of the cost to provide the product/service is directly attributed to the redetermination category (wages, fuel, or materials).
        • Current applicable PPI = ....................................................................... $200.50
        • Base index PPI = ................................................................................ - $179.20
        • PPI increase dollars = ……….....……………………..............………..… $21.30
        • PPI increase percentage ($21.30 ¸ $179.20 = .1189)………...........…….11.9%
        • Unit cost of the service is...................................................................... $100.00
        • 30% of $100.00 is directly attributed to the redetermination category.... $30.00
        • $30.00 × 11.9% = .................................................................................. $3.57
        • New unit price for the product/service is ($100 + $3.57)....................... $103.57
  7. Expiration Upon Failure to Agree to Price Redetermination. If the City and the Contractor cannot agree to a price redetermination pursuant to the terms and conditions of this section, then the Agreement will automatically expire without penalty or further expense to either party after a period of six (6) months following the Contractor’s initial request for such price redetermination. Requests for price redeterminations not made in accordance with the provisions of this section shall be deemed null and void and shall not be a valid reason or pretext for expiration or termination of the Agreement. If the Agreement expires pursuant to the terms and conditions of this section, the City reserves the right, at no expense, penalty, or consequence to the City, to award any remaining tasks thereunder to the next available most responsive and responsible Contractor.
• CONTRACTOR'S RESPONSIBILITIES —
  1. General Responsibilities.
     1. Scope of Work. Contractor will provide, perform, and complete all necessary work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data and other means and items necessary to accomplish the Project at the Work Site, including measures for sediment control, storm water management, and waste disposal, in compliance with this Contract. Contractor is required to perform all Work specified in the Contract Documents and reasonably inferable from these Documents as being necessary to produce the intended results.
     2. Quality.All materials and Work will be of good quality for the intended use and consistent with the quality of surrounding Work, and will conform to the requirements of the Contract Documents and to the standards for construction of the Project generally. All materials will be new.
     3. Construction Means and Methods. Contractor will provide continuous on-site supervision and direction of the Work using Contractor’s best efforts. Contractor will have control over construction means, methods, techniques, sequences, and procedures, unless the Contract Documents give other specific instructions concerning these matters, and is solely responsible therefore.
     4. Discipline at the Project Site.Contractor will enforce strict discipline and good order among Contractor’s employees and other persons for whose Work Contractor is responsible, including Contractor’s employees, subcontractors, sub-subcontractors, and Contractors, and the agents and employees of any of them.
     5. Responsibility for Subordinates. Contractor is responsible for the acts and omissions of all persons performing portions of the Work at the Project Site, including but not limited to Contractor’s employees, subcontractors, sub-subcontractors, and Contractors, and the agents and employees of any of them.
     6. Assignment, Scheduling and Coordination. Contractor is solely responsible for and has control over assigning, scheduling and coordinating all portions of the work under the Contract performed by Contractor’s own forces and by its subcontractors, sub-subcontractors, and Contractors, in accordance with the approved Progress Schedule, unless the Contract Documents give other specific instructions concerning these matters.
     7. Obligations Not Relieved. Contractor is not relieved of its obligations to perform the Work in accordance with the Contract Documents, by the activities or duties of the owner or the E/A in the administration of the Contract or construction, or by tests, inspections, or approvals required or performed by persons other than Contractor.
     8. Ongoing Duty to Report Problems with Contract Documents. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between any Contract Document and any Legal Requirement or of any such standard, specification, manual, or code or instructions of any manufacturer or Contractor, Contractor will within three days of such discovery report it to the owner in writing, and Contractor will not proceed with the Work affected thereby until a Change Order has been issued. Contractor will be liable to the owner for failure to report any such conflict, error, ambiguity, or discrepancy of which Contractor knew or reasonably should have known. Contractor will be liable to the owner for Contractor’s failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents within said three-day period.
     9. Inspection of Work. Contractor will make frequent inspections during the progress of the Work to confirm that work previously performed by Contractor is in compliance with the requirements of this Contract, and that any portion of Work previously performed by Contractor or by others is in proper condition to receive subsequent Work.
  2. Diligent Prosecution. Contractor will at all times be responsible for the diligent prosecution of the Work so as to complete the Work within the Contract Time.
     1. Contractor will have an affirmative obligation to rearrange Milestones, notwithstanding the manner in which they are scheduled in the current approved Progress Schedule, as circumstances may require. If in order to meet this obligation Contractor rearranges the order of Work in a manner that materially departs from the current approved Progress Schedule, Contractor will within 3 days thereafter provide notice to the owner, who may require Contractor to submit a revised Progress Schedule reflecting the rearrangement. No revised Progress Schedule extending the Contract Time will be approved without the issuance of a Change Order in compliance with the Contract Documents.
     2. Contractor will carry on the Work and adhere to the current approved Progress Schedule, including during all disputes or disagreements with the owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, except as the owner and Contractor may otherwise agree through a Change Order or Contract amendment.
  3. Supervision and Superintendence.
     1. Contractor will supervise the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents.
     2. Contractor will have an English-speaking, competent Superintendent on the Work at all times that work is in progress. The Superintendent will be Contractor’s representative on the Work and will have the authority to act on the behalf of Contractor. All communications given to the Superintendent will be as binding as if given to Contractor, even where written notice is otherwise required. Either Contractor or the Superintendent will provide a cellular telephone number and an emergency and home telephone number at which one or the other may be reached if necessary when Work is not in progress. The Superintendent will be an employee of Contractor, unless waived in writing by the owner. If Contractor proposes a management structure with a Project Manager supervising, directing, and managing construction of the work in addition to or in substitution of a Superintendent, the requirements of these Construction Documents with respect to the Superintendent will likewise apply to any such Project Manager.
        1. Contractor will present the resume of the proposed Superintendent to the owner showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. The owner may reject the proposed Superintendent if the owner determines that the proposed Superintendent does not have sufficient experience in line with the Work, in which instance Contractor will propose a different Superintendent for owner approval.
        2. Contractor will not replace the Superintendent without written notice to the owner. If Contractor deems it necessary to replace the Superintendent, Contractor will provide the necessary information for approval, as stated above, on the proposed new Superintendent.
        3. Contractor may designate a qualified substitute Superintendent if the designated Superintendent is temporarily away from the Work, subject to owner approval.
        4. Contractor will replace the Superintendent upon the owner’s request, if the Superintendent is unable to perform to the owner’s satisfaction.
  4. Labor, Materials, and Equipment.
     1. Contractor will employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. Contractor will prohibit the use and possess any alcoholic or other intoxicating beverages, illegal drugs, or controlled substances while on the job or on the owner’s property. Subject to the applicable provisions of Florida law, neither Contractor, nor subcontractors, Contractors, or other agents of Contractor, may use or possess any firearms or other weapons while on the job or on the owner’s property. If the owner notifies Contractor that any officer, employee, subcontractor, Contractor, or other agent is incompetent, disorderly, abusive, or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms in contravention of the applicable provisions of Florida law, or has possessed or was under the influence of alcohol or drugs on the job, Contractor will immediately remove that person from performing Contract Work, and may not employ that person again on the Work without the owner’s prior written consent. Contractor will at all times maintain good discipline and order on- and off-Project Site in all matters pertaining to the Project. Contractor will pay workers no less than the wage rates established by law, and maintain weekly payroll reports as evidence thereof.
     2. Contractor will not use any preexisting facilities of the owner without the specific written consent of the owner, except as indicated in the Contract Documents. Contractor is solely responsible for temporary facilities and services provided or utilized by Contractor and will remove those not required to remain at the completion of the Work or any portion thereof, will promptly correct any damage caused by the erection, use or removal of temporary facilities; and will restore the Project Site and any adjacent areas to their original condition or that required by the Contract Documents upon completion of the Work.
     3. Contractor will store, handle, install, and test all materials in accordance with the manufacturer’s or Contractors’ most recent instructions and recommendations. Contractor will promptly notify the owner if these instructions and recommendations are in conflict with any provision of the Contract Documents.
     4. All materials and equipment will be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with instructions of the applicable manufacturer and Contractor, except as otherwise provided in the Contract Documents. The Contract Administrator or E/A may require Contractor to furnish one or more of the following:
        1. Satisfactory evidence (i.e., reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind and quality of materials and equipment.
        2. Samples of required equipment and materials prior to having such equipment and materials delivered to the Project Site. Each sample submitted by Contractor will carry a label giving the name of Contractor, the Project, and the name of the producer. The accompanying certificate or letter from Contractor will state that the sample complies with the contract requirements, will give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the owner in reviewing the sample promptly. It will also include the statement that all materials or equipment furnished for use in the Project will comply with the samples or certified statements. In addition, the accompanying certificate will include a written narrative explanation itemizing the extent to which the sample deviates from the Specifications or other Contract requirements.
     5. The owner will not be required to consider delays in the Work caused by delivery of non-complying materials or equipment, or by late or improper submission test reports or manufacturer’s certificates for owner approval, as just cause for an extension of the Contract Time. The owner’s acceptance of any test report, certificate, or sample will be general only and will not constitute a waiver of the owner's right to demand full compliance with Contract requirements, nor relieve Contractor from ensuring full compliance with the Contract.
     6. Contractor will assign to the owner, any rights Contractor may have to bring antitrust suits against Contractors for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. Contractor will cooperate with the owner should the owner wish to prosecute suits against Contractors for illegal price fixing.
     7. Upon Contractor’s request and the Contract Administrator’s written approval, Contractor may locate stored materials off-site, so long as they are in a bonded and insured facility, accessible to the owner, and are clearly marked as owner’s property.
     8. Title to materials delivered to the Project Site or stored off-site will not be deemed to pass to the owner until the owner accepts such title by paying for same. The owner will be entitled but is not required to request title documentation. Risk of loss will not pass to the owner until title passes.
• ESTIMATED PERMITTING COSTS —

  The estimated cost for permits needed to complete this job will be factored into the bid price and are as follows:

  NO VALUE

• CONTRACTOR'S RESPONSIBILITIES CONTINUED —
  1. Concerning Subcontractors, Contractors, and Others.
     1. Contractor will retain direct control of and give direct attention to the fulfillment of this Contract. Contractor agrees not to assign this Contract, by power of attorney or otherwise, without the owner’s prior written consent.
     2. Unless the Supplemental General Conditions provide otherwise, Contractor will not subcontract the performance of the entire Project or the supervision and direction of the Work without the owner’s prior written consent. Contractor will not employ any subcontractor or other person or organization, whether initially or as a substitute, against whom the owner may have reasonable objection. The owner will communicate such objections by written notice. Contractor will not substitute any subcontractor that has been accepted by the owner, unless the owner first accepts the substitute in writing.
     3. Contractor will enter into written agreements with all subcontractors and Contractors which specifically bind the subcontractors and Contractors to the applicable terms and conditions of the Contract Documents for the owner’s benefit. The owner reserves the right to specify that certain requirements will be adhered to by all subcontractors and sub-subcontractors as indicated in other portions of the Contract Documents, in which instance these requirements will be made a part of the written agreement between Contractor and each subcontractor. Contractor’s standard subcontract form is subject to the owner’s review and approval. Within five working days of the owner’s request for subcontractor contract documents, Contractor will provide them to the owner.
     4. Contractor will be fully responsible to the owner for all acts and omissions of the subcontractors, Contractors, and other persons and organizations performing or furnishing any of the Work under contract with Contractor and under contract with Contractor’s subcontractors or Contractors, just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents will create for the benefit of any such subcontractor or other person or organization any contractual relationship between the owner and any such subcontractor or other person or organization, nor will it create any obligation on the part of the owner or E/A to pay or to see to the payment of any moneys due any such subcontractor or other person or organization except as may otherwise be required by Legal Requirements.
     5. Contractor will be solely responsible for efficiently scheduling and coordinating the Work of subcontractors and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor in order to avoid any delays or inefficiencies in the prosecution of the Work. Contractor will require all subcontractors and such other persons and organizations performing or furnishing any of the Work to communicate with the owner through Contractor.
     6. The divisions and sections of the Technical Provisions and the identification of any Plans will not control Contractor in dividing or delineating the Work to be performed by any specific trade.
     7. Contractor will pay each subcontractor their appropriate share of payments made to Contractor not later than ten days of Contractor’s receipt of payment from the owner.
     8. To the extent allowed by Florida law, the owner will be deemed to be a third party beneficiary to each subcontract and may, if the owner elects, following a termination of Contractor, require that the subcontractor(s) perform all or a portion of unperformed duties and obligations under its subcontract(s) for the benefit of the owner, rather than Contractor; however, if the owner requires any such performance by a subcontractor for the owner’s direct benefit, then the owner will be bound and obligated to pay such subcontractor the reasonable value for all Work performed by such subcontractor to the date of the termination of Contractor, less previous payments, and for all Work performed thereafter. If the owner elects to invoke the owner’s right under this Section, the owner will provide notice of such election to Contractor and the affected subcontractor(s).
  2. Patent Fees and Royalties.
     1. Contractor will be responsible at all times for compliance with applicable patents and copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid.
     2. Contractor will pay all royalties and license fees and will provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not the owner specifies a particular design, device, material, or process.
     3. Contractor will defend all suits or claims for infringement of any patent or copyright and will save the owner harmless from any loss or liability, direct or indirect, arising with respect to Contractor's process in the formulation of its Bid or the performance of the Work or otherwise arising in connection therewith. The owner reserves the right to provide its own defense to any suit or claim of infringement of any patent or copyright in which event Contractor will indemnify and save harmless the owner from all costs and expenses of such defense as well as satisfaction of all judgments entered against the owner.
     4. The owner will have the right to stop the Work or terminate this Contract at any time if Contractor fails to disclose to the owner that Contractor's work methodology includes the use of any infringing design, device, material, or process.
  3. Permits, Fees. Contractor will secure and pay for at Contractor’s expense, all permits and licenses of a temporary nature that are required for the prosecution of the Work; provided, however, that the owner will reimburse Contractor for any City-required permits unless specified otherwise in the Supplemental General Conditions.
     1. Unless the Supplemental General Conditions provide otherwise, the owner will obtain licenses and easements for permanent structures and or permanent changes in existing facilities.
  4. Construction Operations.
     1. Contractor will confine operations at the Project Site to those areas permitted by all Legal Requirements and will not unreasonably encumber the Project Site with materials and equipment. Contractor will assume full responsibility for any damage to any portion of the Project Site, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. If an adjacent property owner or occupant files a claim because of or in connection with the performance of the Work, Contractor will promptly settle the claim by negotiation or as otherwise provided by law. Contractor will indemnify, defend and hold harmless the owner and anyone directly or indirectly employed by the owner, from and against all claims, costs, losses, and damages (including court costs and reasonable attorney’s fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such the owner or occupant against the owner, E/A or any other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work.
     2. Contractor will establish the exterior lines and elevations of all buildings and structures to be erected on the Project Site, and lines and grades of site work such as roads, utilities, and site grading, based on reference points, the location of existing structures and improvements, or benchmarks identified in the site surveys provided by the owner. Contractor will provide a professional certification by a professional engineer or land surveyor as to the actual location of building lines prior to constructing any foundations. Contractor will establish the building grades, lines, and levels, and column, wall, and partition lines required by subcontractors in laying out the Work. At the completion of the Work, Contractor will provide another professional certification by a registered engineer or land surveyor as to the location of completed improvements in relation to property lines, building lines, easements, and other boundaries.
     3. Contractor will not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor will Contractor subject any part of the Work, the Project Site, or adjacent property to stresses or pressures that will endanger it.
     4. All Work will be performed solely during Working Hours, unless (i) more restrictive hours are required by City ordinances or other Legal Requirements governing Contractor’s performance of the Work, or (ii) the Contract Administrator approves expanded Working Hours in writing, such as in the event of emergencies, in which instance the Contract Administrator’s approval may be terminated at any time and for any reason without recourse to Contractor. The owner has the right to impose further restrictions on working hours reasonably related to the use of occupied facilities. No delays resulting from compliance with applicable Legal Requirements may form the basis for any claim by Contractor for delay damages or additional compensation or for any extensions of the Contract Time; any delays arising from restrictions related to the use of occupied facilities are non-compensable and any claims for extensions of the Contract Time relating to them will be filed in accord with Article 11 or the same will be conclusively deemed to have been waived. Contractor will not permit Work outside of Working Hours without the written consent of the owner; such consent, if given, may be conditioned upon payment by Contractor of the owner’s additional costs and fees incurred in monitoring such off-hours Work. Contractor will notify the owner as soon as possible if Work will be performed outside such times in the interest of the safety and protection of persons or property at the Project Site or adjacent thereto, or in the event of an emergency. In no event will Contractor permit Work to be performed at the Project Site without the presence of Contractor’s Superintendent and person responsible for the protection of persons and property at the Project Site and compliance with all Legal Requirements, if different from the Superintendent.
     5. Temporary Utilities. Contractor, at its own expense, will:
        1. Furnish all temporary heat, cooling ventilation, and humidity control including all required apparatus and fuel as may be necessary to protect the Work fully, both during its execution and until Final Completion and acceptance. Contractor will not use any method of heating, cooling, ventilation, or humidity control of the building unless approved by the owner in advance.
        2. Provide all temporary on-Site water service required to perform the Work, to assure safety at the Site, and as otherwise required. All temporary services will be removed by Contractor.
        3. Furnish all temporary electric service required to perform the Work, to assure safety at the Site, and as otherwise required.
        4. Contractor will provide and maintain in a neat, sanitary condition such accommodations for the use of Contractor’s employees, subcontractors, and others for whom Contractor may be responsible, as may be necessary to comply with Legal Requirements, and will commit no public nuisance.
     6. Site Maintenance. During the progress of the Work and on a daily basis, Contractor will keep the Project Site free from accumulation of waste materials, rubbish, and other debris resulting from the Work. If Contractor fails to do so in a manner reasonably satisfactory to the owner within 48 hours after notice or as otherwise required by the Contract Documents, the owner may clean the Project Site and back charge Contractor for all costs associated with the cleaning. At Substantial Completion, Contractor will leave the Project Site clean, including but not limited to the cleaning of manholes, inlets, and gravity underground piping systems, and ready for the owner’s occupancy, and will at this point also remove all temporary buildings, waste, trash, debris, and surplus materials. At Final Completion, Contractor will remove all tools, appliances, construction equipment, and machinery, in addition to the above-referenced materials, and leave the Project Site clean and ready for owner’s occupancy. This requirement will not apply to property used for permanent disposal of rubbish or waste materials in accordance with permission for such disposal granted to Contractor by the owner. Contractor will, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. If Contractor fails to clean up at the completion of the Work, the owner may do so and the cost thereof will be charged against Contractor.
     7. Risk of Performance. If Contractor performs any work involving an apparent error, inconsistency, ambiguity, construction impracticality, omission, or violation of Legal Requirements in the Contract Documents of which Contractor is aware, or which could reasonably have been discovered by the review required by Contractor by this Contract, without prompt written notice to the owner and the E/A and request for correction, clarification or additional information, as appropriate, Contractor does so at its own risk and expense and all claims relating thereafter are specifically waived.
  5. Legal Requirements.
     1. Contractor will diligently and promptly call for locates required, in accordance with Sunshine State One Call of Florida requirements.
     2. Contractor will give all other notices and comply with all other Legal Requirements, including arranging for and obtaining any required inspections, tests, approvals or certifications from any public body having jurisdiction over the Work or any part thereof. Except where these Legal Requirements provide otherwise, neither the owner nor the E/A will be responsible for monitoring Contractor's compliance with any Legal Requirements.
     3. Maintaining clean water, air, and earth or improving thereon will be regarded as of prime importance. Contractor will plan and execute its operations in compliance with all applicable Legal Requirements concerning control and abatement of water pollution and prevention and control of air pollution, including where applicable the terms and conditions of the City’s current National Pollutant Discharge Elimination System (NPDES) permit.
  6. Taxes.
     1. Contractor will pay only those sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the laws and regulations of the State of Florida in the performance of this Contract.
     2. The owner is an exempt organization as defined by Florida Statutes and is therefore exempt from payment of sales and use taxes.
• ADDITIONAL NPDES REQUIREMENTS —
  1. Bidder will at all times ensure certification and licensing from the Florida Department of Agriculture and Consumer Services (FDACS) of all of Bidder's personnel and subcontractors who apply pesticides or herbicides on City property or public right-of-way pursuant to the Contract. All such personnel and subcontractors who apply fertilizer will be trained and certified through the “Green Industry BMP Program” and FDACS; and will have a limited certification for urban landscape commercial fertilizer application under Section 482.1562, F.S
  2. All commercial applicators of fertilizer will have and carry in their possession at all times when applying fertilizer, evidence of certifications by the Florida Department of Agricultural and Consumer Services and a Commercial Fertilizer Applicator License as per 5E-14.117(18) FAC.
  3. All Bidders shall comply with the minimum requirements of the Urban Turf Fertilizer Rule RE-1.003(2) FAC.
  4. Fertilizer used will meet Florida-friendly fertilizer requirements pursuant to Section 403.9337 F.S.
  5. Fertilizer and Pesticide application must meet minimum requirements of the most recent edition of the Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008.
  6. Fertilizer should not be applied within 10 feet of any inlet, curb and gutter, public street, pond, stream watercourse, lake, canal, or wetland as defined by the FDEP Chapter 62-340 FAC. Fertilizer may be applied within 3 ft. of a water body only if the applicator is equipped with a spreader deflector.
  7. A 10-foot wide Low Maintenance Zone is required from any pond, stream, watercourse, canal, ditch, lakes wetland or from the top of a seawall. No mowed or cut vegetative material may be deposited in any water body. Care must be taken to prevent erosion of the surface soils in this Zone. Bidder shall set mechanical mowers to prevent the exposing of bare soil on pond slopes, ditches, wetlands, stream and lakes. This Zone shall be suitably vegetated at all times to ensure soil stability.
  8. Fertilizers applied to turf shall be formulated and applied in accordance with requirements and direction provided by Rule 5E-1.003(2) FAC, Labeling for Urban Turf Fertilizers.
  9. In no case shall grass clipping, vegetative material, and /or vegetative debris be washed, swept or blown off into stormwater drains, curbs and gutters, ditches, conveyance, water bodies, wetlands or sidewalks or roadway. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable.
  10. The monthly invoices shall include:
      1. A summary of the type and amount of fertilizer used at each location.
      2. A summary of the type and amount of any chemicals and /or pesticides used at each pond, ditch, roadway or park location.
• CONTRACTOR'S RESPONSIBILITIES CONTINUED —
  1. Maintenance of Records and Documents.
     1. Contractor will maintain at the Site, available to the owner for reference during the progress of the Work, a copy of the current approved Progress Schedule and any approved revisions thereto. Contractor will keep current records of and mark on a copy of the current approved Progress Schedule the actual commencement date, progress, and completion date of each scheduled activity indicated on the Progress Schedule.
     2. Contractor will maintain in a safe place at the Project Site, or other location acceptable to the owner, one record copy of all Drawings, Specifications, Addenda, Change Instruments and written interpretations and clarifications issued pursuant to this Contract (collectively, “Record Documents”) in good order and annotated to show all changes made during construction. The Record Documents and all final samples and final Shop Drawings will be available to the owner and E/A for reference during performance of the Work. Upon Substantial Completion of the Work, Contractor will deliver these Record Documents, and final samples and Shop Drawings, to the owner.
     3. To the extent applicable, Contractor will comply with the requirements of Florida Statutes Section 119.0701, which include the following:
        1. Keeping and maintaining public records that the City requires for performance of the service provided herein.
        2. Upon the request of the City Clerk of the City, (i) providing the City Clerk with a copy of requested public records or (ii) allowing inspection or copying of the records, within a reasonable time after receipt of the City Clerk’s request, at a cost that does not exceed the cost provided in Ch. 119, Florida Statutes, or as otherwise provided by law.
        3. Ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law until completion of this Contract, and following such completion if Contractor fails to transfer such records to the City.
        4. Upon completion of this Contract, keep and maintain public records required by the City to perform the service. Contractor will meet all applicable requirements for retaining public records. All records stored electronically must be provide to the City upon request from the City Clerk, in a format that is compatible with the City’s information technology systems.
        5. IF THE Contractor HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE Contractor’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, Contractor MUST CONTACT THE City CLERK, WHOSE CONTACT INFORMATION IS AS FOLLOWS:
           • (Phone) 386 671-8023
           • (Email) clerk@codb.us
           • (Address) 301 S. Ridgewood Avenue, Daytona Beach, FL 32114
     4. Nothing herein will be deemed to waive Contractor’s obligation to comply with Section 119.0701(3)(a), Florida Statutes, as amended by Chapter 2016-20, Laws of Florida (2016).
  2. Safety and Protection.
     1. Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Upon request, and prior to installation of measures, Contractor will submit a site security plan to the owner. By reviewing the plan or making recommendations or comments, the owner will not assume liability nor will Contractor be relieved of liability for damage, injury, or loss. Contractor will take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury, and loss to:
        1. The public;
        2. All persons on the Project Site or who may be affected by the Work;
        3. All the Work and materials and equipment to be incorporated therein, whether in storage on or off Project Site; and
        4. Other personal property, fixtures and other items at the Project Site or adjacent thereto, including, but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.
     2. Contractor will comply with the Occupational Safety and Health Administration's (OSHA) Excavation Safety Standard, 29 U.S.C § 651 et seq., 29 C.F.R. 1926.650 Sub Part P., and the Trench Safety Act, Section 553.60 et seq. In addition Contractor will comply with all other applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss, and will erect and maintain all necessary safeguards for such safety and protection. Contractor will notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and will cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in Subparagraphs 6.12.1.3 and 6.12.1.4, above, caused, directly or indirectly, in whole or in part, by Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, will be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the owner, or E/A, or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the faults or negligence of Contractor or any subcontractor, Contractor or other person or organization directly or indirectly employed by any of them). Contractor's duties and responsibilities for safety and protection of the Work will continue until such time as all the Work is completed and the owner has issued a Certificate of Final Completion (except as otherwise expressly provided in connection with Substantial Completion). Without limitation, Contractor will comply with the following specific provisions:
     3. Contractor will designate in writing a qualified and experienced safety representative at Project Site whose duties and responsibilities will be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Upon request of the owner, Contractor will provide certifications or other documentation of the safety representative's qualifications.
     4. Contractor will be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at Project Site in accordance with Legal Requirements.
     5. Contractor will comply with the following requirements in emergencies:
        1. In emergencies affecting the safety or protection of persons or the Work at Project Site or adjacent thereto, Contractor, without special instruction or authorization from the owner or E/A, is obligated to act reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. Contractor will give the owner telephone notification as soon as reasonably practical and a prompt written notice if Contractor believes that any significant changes in the Work or variations from the express provisions of this Contract Documents have been caused thereby. If the owner determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order will be issued; otherwise the owner will not be responsible for Contractor's emergency action.
        2. Authorized agents of Contractor will respond immediately to call-out at any time of any day or night when circumstances warrant the presence on Project Site of Contractor or his agent to protect the Work or adjacent property from damage, restriction or limitation or to take such action or measures pertaining to the Work as may be necessary to provide for the safety of the public. Should Contractor or Contractor’s agent fail to respond and take action to alleviate such an emergency situation, the owner may direct other forces to take action as necessary to remedy the emergency condition, and the owner will deduct any cost of such remedial action from the funds due Contractor under this Contract.
        3. If there is an accident involving injury to any individual or damage to any property on or near the Work, Contractor will provide to the Contract Administrator verbal notification within one hour and written notification within 24 hours of the event and will be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining medical reports, police accident reports and other documentation that describes the event. Contractor will provide the owner copies of such documentation within 48 hours of the event.
        4. Contractor will cooperate with the owner in any investigation of any such incident. Contractor will immediately report such incidents to any other governmental or quasi-governmental authorities having jurisdiction over safety-related matters as may be required by law.
  3. Indemnification.
     1. Any obligation of Contractor to indemnify or hold harmless under this Contract will not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for Contractor or any such subcontractor, Contractor, or other person or organization for whom Contractor may be responsible under workers' compensation acts, disability benefit acts, or other employee benefit acts.
     2. Any obligation of Contractor to indemnify and hold harmless under this Contract, will not extend to the liability of the owner, E/A, E/A's consultants, and their officers, directors, partners, employees or agents, when caused primarily by negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable state-authorized design professional seal of the owner, E/A, or owner’s or E/A's consultant's, officers, directors, partners, employees or agents.
     3. If Contractor fails to follow the owner's directives concerning use of Project Site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise, then and in that event, Contractor will indemnify the owner against all costs resulting from such claims.
     4. If Contractor unreasonably delays progress of the Work being done by others on Project Site so as to cause loss for which the owner becomes liable, then Contractor will indemnify the owner from and reimburse the owner for such loss.
  4. Survival of Obligations. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with this Contract, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Contract.
  5. Losses from Natural Causes.Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the Work to be done or from action of the elements, floods or from unforeseeable circumstances in prosecution of the Work or from unusual obstructions or difficulties which may be encountered in prosecution of the Work, will be sustained and borne by Contractor at its own cost and expense.
  6. Notice of Claim.Should Contractor suffer injury or damage to person or property because of any error, omission or act of owner or of any of owner's employees or agents or others for whose acts owner is liable, Contractor must file a claim within 30 calendar days of the event giving rise to such injury or damage. The provisions of this Section will not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose.
  7. Financial Records.
     1. For purposes of this Section, “financial records” means all records generated by or on behalf of Contractor and each Subcontractor and Contractor of Contractor, whether paper, electronic, or other media, which are in any way related to performance of or compliance with this Contract, including, without limitation:
        1. Accounting records;
        2. Written policies and procedures;
        3. Subcontract files (including proposals of successful and unsuccessful Bidders, Bid recaps, etc.);
        4. Original estimates and estimating work sheets;
        5. Correspondence;
        6. Change Order files (including documentation covering negotiated settlements);
        7. Back charge logs and supporting documentation;
        8. General ledger entries detailing cash and trade discounts earned, insurance rebates and dividends;
        9. Lump sum agreements between Contractor and any Subcontractor or Contractor;
        10. Records necessary to evaluate: Contract compliance, Change Order pricing, and any Claim submitted by Contractor or any of its payees; and
        11. Any other Contractor record that may substantiate any charge related to this Contract.
     2. Contractor will allow the owner, and the owner’s authorized representatives, to inspect, audit, and reproduce all Records generated by or on behalf of Contractor and each subcontractor and Contractor, upon the owner’s written request. Further, Contractor will allow the owner, and the owner’s authorized representatives, to interview any of Contractor’s employees, all Subcontractors, all Contractors, and all of their respective employees.
     3. Contractor will retain all its Records, and require all its subcontractors and Contractors to retain their respective Records, during this Contract and for three years after final payment, until all audit and litigation matters that the owner has brought to the attention of Contractor are resolved, or as otherwise required by law, whichever is longer. The owner’s right to inspect, audit, or reproduce Records, or interview employees of Contractor or its respective subcontractors or Contractors, exists during this Contract, and for three years after final payment, until all audit and litigation matters that the owner has brought to Contractor’s attention are resolved, or as otherwise required by law, whichever is longer, and at no cost to the owner, either from Contractor or any of its subcontractors or Contractors that may furnish Records or make employees available for interviewing.
     4. Contractor must provide sufficient and accessible facilities during its normal business hours for the owner to inspect, audit, or reproduce Records, or all three, and to interview any person about the Records.
     5. Contractor must insert these requirements in each written contract between Contractor and any subcontractor or Contractor and require each subcontractor and Contractor to comply with these provisions.
• OTHER WORK —
  1. Coordinating Other Work. The owner may perform other work related to the Project at Project Site by the owner's own forces, or let other contracts for the Project or Project Site, or have other work performed by utility owners. Contractor and the owner agree to and will use best efforts to cooperate and coordinate the Work with others performing work and other work related to the Project in order to avoid conflicts and delays in the Work. If Contractor believes that delay or additional cost is involved because of such action by the owner, Contractor may make a Claim as provided in Article 11.
  2. Proper and Safe Access by Other Contractors.Contractor will afford other contractors and each utility owner (and the owner, if the owner is performing the additional work with the owner's employees) proper and safe access to the Project Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and will properly connect and coordinate the Work with theirs. Contractor will do all cutting, fitting, patching, and finishing of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor will not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the owner and the other contractors whose work will be affected. Contractor will promptly remedy damage wrongfully caused by Contractor to complete or partially completed construction or to property of the owner or separate contractors.
  3. Contractor’s Inspection and Reports. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor will inspect such other work and promptly report to the owner in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent or non-apparent defects and deficiencies in such other work.
  4. Progress Schedules. The owner will provide for coordination of the activities of the owner's own forces, of each separate City contractor, and of any other utility owners performing work in relation to the Work of Contractor, who will cooperate with them. Contractor will participate with the owner any other contractors retained by the owner, in reviewing their construction progress schedules when directed to do so. On the basis of such review, Contractor will make any revisions to the current approved Progress Schedule deemed necessary after a joint review and mutual agreement. The agreed-upon progress schedules will then constitute the progress schedules to be used by Contractor, the owner, and any other contractor retained by the owner until subsequently revised.
  5. Improper Timing or Delays. Costs caused by delays or by improperly timed activities or defective construction will be borne by the party responsible therefore.
• FLORIDA STATUTE 20.055(5), F.S. —

  Bidder understands and will comply with 20.055(5), F.S.; and will also require all subcontractors to comply with 20.055(5), F.S

• WARRANTIES —
  1. General Warranty.
     • Contractor warrants that the Work and all of its components will be free from defects and flaws in design, workmanship, and materials for the duration of the General Warranty Period described below; will strictly conform to the requirements of the Contract; and will be fit, sufficient and suitable for the purposes expressed in, or reasonably inferred from, the Contract. This general warranty is in addition to any other warranties expressed or implied by law, which are hereby reserved unto the owner.
       1. General Warranty Period. The General Warranty Period will be one year from Substantial Completion, except for those items of equipment or those aspects of work placed in service or approved by the owner after Substantial Completion, in which instance the warranty for the particular equipment or aspect of work will be one year from the date of owner approval; provided, however, that the General Warranty Period for particular equipment placed in continuous service before Substantial Completion may start to run from an earlier date, if expressly provided in this Contract.
       2. Duty to Correct. Contractor will correct any and all defects that defects in material or workmanship which may appear during the General Warranty Period, even if discovered after the General Warranty Period, by repairing (or replacing with new items or new materials, if necessary) any such defect at no cost to the owner, within a reasonable period of time, and to the owner’s satisfaction.
       3. General Warranty is Absolute. The only exceptions to the General Warranty will be defects or damage caused by abuse, modification or improper maintenance or operation by persons other than Contractor or Contractor’s subcontractors, sub-subcontractors or Contractors; or normal wear and tear under normal usage. In all other respects the General Warranty will be absolute.
  2. Special Warranties. Contractor will furnish all additional special warranties required by this Contract no later than Substantial Completion. The owner may require special warranties in connection with the approval of accepted equals and other substitute materials, equipment, methods, and procedures, and in connection with Work which is defective or nonconforming.
  3. Limitation as to Certain Equipment. As to any equipment which the owner has reserved the sole right to have installed, the Warranties under this Article 8 will extend to ensure that the equipment is installed according to the Plans and Technical Provisions, and that any manufacturer or product warranties are conveyed to the owner; but in such instance Contractor will not be held liable for the operating performance of such equipment.
  4. Relation to Specific Correction Provisions and Other Remedies. Contractor’s general warranty and any additional or special warranties are not limited by Contractor’s obligations to specifically correct Defective/Nonconforming Work, nor are they limited by any other remedies provided in the Contract Documents. Contractor will also be liable for any damage to property or persons (including death), including consequential and direct damages, relating to any breach of the General Warranty or any additional or special warranties required.
  5. Third Party Warranties.Contractor will obtain and assign or transfer to the owner, all product warranties available from manufacturers or Contractors of materials to be used in the Project. Contractor will also obtain and assign or transfer to owner, any additional third party warranties as to materials or methods as specified in the Contract Documents. The owner’s acceptance of any assigned warranties or guaranties will be a precondition to final payment and will not relieve Contractor of any of Contractor’s guaranty or warranty obligations under this Contract.
• CLEAN AIR ACT COMPLIANCE —

  Contractor will comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7617q), and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Contractor will also require all subcontractors to comply with the laws and regulations.

• BONDING —

  PERFORMANCE AND PAYMENT BOND

  The successful Bidder will be required to furnish separate 100% Performance and Payment Bonds unless the Contract price is less than $100,000.

  All Bonding shall be in accordance with 255.05, F.S. The City refers the use of the insurers bond forms at this time. 

• E/A’s STATUS DURING CONSTRUCTION —
  1. Applicability. The provisions of this Article will apply only where the Contract Documents specifically authorize a consultant of the owner to act as the E/A to review and modify Technical Provisions, Plans, and other technical specifications associated with the Work. In all instances in which there is no such specific authorization, the provisions of this Article will have no effect, and any authorization or delegation within the Contract Documents to the E/A, will be deemed to be to the Contract Administrator. In addition, where the Contract Documents contain language specifically authorizing a consultant of the owner to act as E/A, the owner retains the right to assign or assume such authority upon written notice to Contractor.
  2. The owner’s Sole Benefit. The assignment, if any, of any authority, duties or responsibilities to the E/A under this Contract, or under any agreement between the owner and the E/A, or any undertaking, exercise or performance thereof by the E/A, is intended to be for the sole and exclusive benefit of the owner and not for the benefit of Contractor, subcontractor, Contractor, or any other person or organization, or for any surety or employee or agent of any of them.
  3. Contractor Remains Responsible.The E/A will not supervise, direct, control or have authority over or be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. The E/A is not responsible for any failure of Contractor to comply with laws and regulations applicable to the furnishing or performing the Work. The E/A is not responsible for Contractor's failure to perform or furnish the Work in accordance with this Contract. Failure or omission of the E/A to discover, or object to or condemn any defective Work or material will not release Contractor from the obligation to properly and fully perform the Contract.
     1. The E/A is not responsible for the acts or omissions of Contractor, or of any subcontractor, any Contractor, or of any other person or organization performing or furnishing any of the Work.
     2. If the owner and E/A agree, the E/A will review each Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentation required to be delivered, but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, this Contract.
  4. Applicability to E/A’s Agents. The limitations upon authority and responsibility set forth in this Article 9 will also apply to the E/A's consultants, Resident Project Representative and assistants.
  5. Visits to Project Site. If the owner and E/A agree, the E/A will make visits to the Project Site at intervals appropriate to the various stages of construction as E/A deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, the E/A will endeavor for the benefit of the owner to determine, in general, if the Work is proceeding in accordance with this Contract. The E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The E/A's efforts will be directed toward providing for the owner a greater degree of confidence that the completed Work will conform generally to this Contract. On the basis of such visits and on-site observations, E/A will keep the owner informed of the progress of the Work and will endeavor to guard the owner against Defective Work. The E/A's visits and on-site observations are subject to all the limitations on the E/A's authority and responsibility set forth in this Article 9.
  6. Resident Project Representative. If the owner and E/A agree, E/A will furnish a Resident Project Representative to assist the E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in this Article 9 and in the Supplemental General Conditions. The owner may designate another representative or agent to represent the owner at Project Site who is not the E/A, E/A's consultant, agent or employee
  7. Clarifications and Interpretations. The E/A may determine that written clarifications or interpretations of the requirements of the Technical Provisions (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents, will be issued with reasonable promptness by the owner and will be binding on the owner and Contractor. If the owner or Contractor believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times, the owner or Contractor may make a Claim therefore as provided in these General Conditions.
  8. Recommendations as to Defective Work. The E/A will recommend that the owner disapprove or reject Work which the E/A believes to be defective, or believes will not produce a completed Project that conforms to this Contract or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by this Contract.
• ACCEPTED EQUALS AND SUBSTITUTIONS —
  1. Accepted Equals.Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item, the specification or description is intended to require the item named, unless the Contract Documents, in specifying the name, specifically authorize the use of functionally equivalent item through the use of terms such as “as equal,” “or equal,” or “equivalent.” For purposes herein, an item is only “functionally equivalent” if it is available at the same or lower cost, and if it is sufficiently similar to the item specified, including as to durability, warranty, acquisition time, and availability, so that no change in related Work will be required, and no change in the useful life, maintenance, repair cost, or quality of the completed work is anticipated.
  2. Contractor May Propose Substitutions. Contractor may propose a substitution for any item of material or equipment, and for any means, method, technique, sequence, or procedure of construction, specified in the Contract Documents. Contractor’s will propose such substitutes at Contractor’s sole cost and expense, and at Contractor’s sole risk as to disruptions to the Critical Path of the current approved Progress Schedule. Contractor will provide owner sufficient data and documentation to allow the owner to review the proposal.
  3. Owner’s Evaluation. The owner will be allowed a reasonable time within which to evaluate each proposal made by Contractor pursuant to this Section. The owner will be the sole judge of acceptability. No accepted equal or substitute will be ordered, installed, or utilized until the owner’s review is complete, which will be evidenced by a Change Instrument. The owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety bond with respect to any accepted equal or substitution or for any other delay or disruption to the Critical Path of the Project Schedule attributable to any such substitution. The owner will not be responsible for any delay due to review time for any proposed substitution, unless such an extension is due to Contractor, consistent with the requirements of this Contract for changes and delays. The owner will not be responsible for increased costs associated with the review or approval of a proposed substitution, unless the increase is required as provided in association with changes and delays. In any event, no such extension or increase will be deemed provided unless specified in the Change Instrument approving the substitution.
  4. Contractor to Remain Responsible. The owner’s acceptance of a substitution will not relieve Contractor from primary responsibility and liability for the suitability and performance of any proposed substitute item or substituted method or procedure, and will not relieve Contractor from its primary responsibility and liability for curing Defective Work and performing warranty work, which Contractor will cure and perform, regardless of any claim Contractor may choose to advance against the owner or manufacturer.
• DELAYS AND ADJUSTMENTS TO CONTRACT TIME AND CONTRACT PRICE —
  1. Delay.Delays are classified in one of the following categories:
     1. An excusable delay is a delay caused by a Force Majeure event. An excusable delay may entitle Contractor to an extension of Contract Time but not an increase in Contract Price.
     2. A compensable delay is a delay which is caused solely and exclusively by acts or omissions of the owner, excepting actions taken by the owner to protect the public health or safety or to conform to law. A compensable delay may entitle Contractor to both an extension of Contract Time and an increase in Contract Price.
     3. An unexcused delay is any delay other than an excusable or compensable delay. An unexcused delay entitles Contractor to no adjustment to Contract Time or Contract Price.
  2. Events Not Constituting a Delay. The following events will not be considered an excusable delay of any kind even though they are not anticipated by Contractor, not within Contractor’s control, and are not reasonably foreseeable:
     1. Events that pose no delay to items of Work on the Critical Path of the current approved Progress Schedule.
     2. Events that would not prevent Contractor from achieving Final Completion before the expiration of the Contract Time, where Contractor may otherwise accelerate other items of Work without undue expense.
     3. Weather, unless the weather is more severe than the adverse weather normally anticipated for the Project Site for the month in question, based on a generally accepted source of data such as the National Weather Service.
     4. Events, including actions of the owner, that impact Critical Path activity, because the activity was previously delayed due to unexcused delays.
  3. Notice of Delay Required.Contractor will provide written notice of any actual or prospective delay promptly, and in no event later than ten days after the occurrence of the event giving rise to such delay. Contractor will give the notice to both the E/A and the Contract Administrator within the specified time. In the case of a continuing delay, Contractor will provide an initial notice and a further notice at each progress meeting throughout the duration of the delay. The notice will contain all of the specific information required in the following Subsection.
  4. Contents/Supporting Documents. Contractor’s notice of delay will identify those portions of the current approved Progress Schedule affected by the delay and will include an estimate of the cost and probable effect of the delay, if any, on the progress of the Work. Supporting documentation will include, but is not limited to:
     1. A written detailed statement of the reasons and causes for the delay;
     2. Inclusive dates of the delay;
     3. Specific trades and portions of the Work affected by the delay;
     4. Status of Work affected before commencement of the delay;
     5. Effect of the delay on available “float” time;
     6. A Critical Path Method (CPM) analysis demonstrating that the delay has affected an activity then on the Critical Path at the time of the occurrence of the delay as shown on the most current approved Progress Schedule; and
     7. If Contractor claims that the delay is an excusable delay or compensable delay, evidence that the delay was unforeseeable, beyond Contractor’s control, and without the fault or negligence of Contractor or the negligence of anyone for whose acts Contractor is responsible including any subcontractor, sub-subcontractor or Contractor; and in the case of a compensable delay, was caused solely and exclusively by the acts or omissions of the owner (excepting actions taken by the owner to protect the public health or safety or to conform to law) or anyone for whose acts the owner is responsible, and which are unreasonable under the circumstances involved and not reasonably within the contemplation of the parties.
  5. Failure to Comply with Notice Requirements.The notice required by this Article 11 operates as a condition precedent to the assertion of any claim for extension of Contract Time, increase in Contract Price, or damages by Contractor. If Contractor fails to give the owner timely written notice of a claim as required by this Article 11, Contractor will be deemed to have waived the claim, and the owner will have no further liability respecting the claim.
  6. Review and Adjustment of Schedules.Upon receipt of a notice from Contractor of the occurrence of a delay complying with the requirements of this Article, the owner will review the current approved Progress Schedule to determine (i) whether the delay is in fact an excusable or compensable delay, and (ii) whether any adverse effects of the delay can be overcome by an adjustment in the Progress Schedule, including the application of any unused “float” time available in the Schedule. The owner may require Contractor to submit a more detailed Progress Schedule than previously required in order to permit the owner to evaluate the delay. Based on such review, Contractor will, if required by the owner, submit for the owner’s approval a revised Progress Schedule, which minimizes the adverse effects of the delay.
  7. Limitation on Adjustments Due to Delays Generally. No extension of the Contract Time or increase in the Contract Price will be allowed for an unexcused delay. No extension of the Contract Time or increase in the Contract Price will be made to the extent that performance is, was or would have been suspended, delayed or interrupted by another cause for which Contractor is responsible. No increase in the Contract Price will be made to the extent performance was or would have been suspended, delayed or interrupted by another cause for which the owner is not solely and exclusively responsible.
  8. Additional Limitations on Adjustments to Contract Time Due to Delays. No extension of Contract Time will be provided where, notwithstanding a Force Majeure event or other claimed delay, Contractor may achieve Final Completion within the Contract Time through adjustments to the current approved Progress Schedule.
  9. Additional Limitations on Adjustments to Contract Price Due to Delays. Any obligation on the part of the owner to pay Contractor for compensable delay is solely intended to reimburse Contractor for actual expense arising out of the compensable delay. No consequential damages will be allowed to Contractor in connection with any claimed delays. Damages for compensable delay will be determined by the Force Account method set forth in the section titled Force Account Method for Contract Price Increases.
     1. Standby equipment costs will not be allowed during periods when the equipment would have otherwise been idle. Standby equipment time will not exceed more than eight hours per day, 40 hours per week, and 176 hours per month. Standby equipment costs will be paid at 50 percent of the applicable Rental Rate Blue Book rates and calculated by dividing the monthly rate by 176, multiplying the result by the number of standby hours and multiplying that number by the regional adjustment factor and the rate adjustment factor contained in the Blue Book. Operating costs will not be allowed.
  10. Liquidated Damages Due to Contractor’s Delays.Liquidated Damages, if any, are set forth in the Contract form.
  11. No Damages are Due to Contractor for Prevention of Early Completion. Contractor represents that its Bid includes all costs, overhead and profit which may be incurred throughout the Contract Time, including the period between Substantial and Final Completion. Accordingly, Contractor may not make any claim for delay damages based in whole or in part on the premise that Contractor would have completed the Work prior to the expiration of the Contract Time but for any claimed delay.
  12. Acceleration to Avoid Delays.If Contractor’s progress is not maintained in accordance with the current approved Progress Schedule, or the owner determines that Contractor is not diligently proceeding with the Work or has evidence reasonably indicating that Contractor will not be able to conform to the current approved Progress Schedule, Contractor will, promptly and at no additional cost to the owner, take all measures necessary to accelerate its progress to overcome the delay and ensure that there will be no further delay in the progress of the Work and notify the owner thereof. Any extension of working hours requires approval of the owner, which will not be unreasonably withheld but may be subject to reasonable conditions including payment for additional or overtime services of the owner the Architect/Engineer and any other applicable consultants, testing or regulatory agency costs.
• LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK —

  Applicable liquidated damages are the amounts established in the following schedule:

  

   

• CHANGES —
  1. Materially Different Site Conditions. For purposes herein, “materially different site conditions” means conditions that are different from those indicated in the Contract Documents, that are unknown to Contractor, and that could not be reasonably anticipated based upon on the following: (i) typical soil or subsurface conditions for the area in which the Project Site is located; (ii) site visits Contractor made, or was encouraged or permitted to make by the Bid Documents, prior to Bid submission; or (iii) a careful review of any Site-Related Reports.
     1. Contractor may be entitled to an increase in Contract Time for materially differing site conditions as an excusable delay as provided in Article 11, subject to the exclusions and conditions of that article including notice requirements.
     2. Contractor may also be entitled to an increase in Contract Price for materially different site conditions, where these conditions will require additional labor or materials, or both, exceeding the amount estimated in the Schedule of Values or Bid Schedule, as applicable, by 5% or more, provided, that Contractor complies with the notice requirements in the section titled Constructive Changes and Disputed Adjustments. In such instance, the basis for adjusting Contract Price is set forth in the section titled Change Orders Adjusting Contract Price.
  2. Materially Different Structural Conditions (Remodeling or Renovation Contracts). If this is a Contract for a remodeling or renovation of an existing structure and Contractor encounters materially different conditions in the structure (not as to the Site or subsurface conditions) from those indicated in the Contract Documents provided by the owner as part of the Bid or Proposal Documents, Contractor will give written notice thereof to the owner and the E/A promptly before conditions are disturbed and in no event later than ten days after first observing such conditions. Failure of Contractor either (i) to provide notice before disturbing the existing conditions or (ii) failure to give notice within ten days of first observing such conditions is conclusively deemed a waiver of any claim relating to such conditions.
     1. Investigation and Determination. The E/A will promptly investigate any alleged differing conditions as to the structure (but not as to the Site or subsurface conditions) and provide a written report of its findings to the owner. If the owner finds that the conditions of the structure differ materially and require a change in the Work and cause an increase or decrease in Contractor’s cost of, or time required for, performance of any part of the Work, the owner may make an adjustment in the amount payable to Contractor or the Contract Time, as applicable. If the owner determines that the conditions of the structure are not materially different or that no change in the terms of the Contract is justified, the owner will so notify Contractor in writing.
  3. Constructive Changes and Disputed Adjustments.
     1. Notice to the owner and E/A.Contractor will advise the owner and the E/A in writing promptly and in no event later than ten days after (i) issuance of any interpretation, clarification, instruction, direction or order whether orally or in writing from either the owner or the E/A, or (ii) the occurrence of any event or discovery of any condition (including any condition as provided in the section titled Materially Different Site Conditions and if applicable, the section titled Materially Different Structural Conditions (Remodeling or Renovation Contracts)), which Contractor believes or has reason to believe entitles Contractor to an increase in the amount payable to Contractor or an extension of the Contract Time; and except in the case of an emergency involving possible loss of life or bodily injury or significant property damage, the required written notice will be provided prior to proceeding with the Work. Failure of Contractor to provide such notice constitutes an acceptance of the interpretation, clarification, instruction, direction, order, event, or condition without adjustment to the Contract Price or the Contract Time and a conclusive waiver of any claim relating to the same. In order to be valid, a claim for an adjustment of Contract Price or Contract Time must contain the specific adjustment requested and must be supported by a detailed explanation of the basis for the claim. In addition to be valid, a claim for increase in Contract Time must be supported by the documentation specified in the section titled Contents/Supporting Documents, and a claim for an increase in the Contract Price must be documented and calculated as specified in the section titled Force Account Method for Contract Price Increases. Failure of Contractor to object as and when specified in this Subsection is deemed an acceptance of interpretation, clarification, instruction, direction or order as issued and a waiver of any claim by Contractor to any adjustment to the Contract Price or the Contract Time.
     2. Disputed Adjustments. All disputed adjustments under this Contract will be determined in accordance with the Contract, Article IX if, as conditions precedent thereto, Contractor has timely provided all notices and objections required under the terms of the Contract.
• RESTRICTIONS, PROHIBITIONS —
  1. 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
  2. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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.
  3. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient.
• LOBBYING —

  No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch or any state agency.

• CHANGE INSTRUMENTS —
  1. Introduction.
     1. The owner may issue a Change Instrument to require changes in the Work without invalidating the Contract.
        1. A Field Directive may be issued to require minor changes in the Work that, in the owner’s view, do not change the Scope of Work, present a delay, or require an adjustment to Contract Time or Contract Price. Examples of such situations where Field Directives may be appropriate are unanticipated field conditions or unavailability of specified materials and equipment.
        2. All other changes to the Work will require the issuance of a Change Order issued in conformance with these General Conditions.
  2. Change Order Required for Contract Time and Contract Price Adjustments. Adjustments to Contract Time or Contract Price will be granted only through a properly-issued Change Order.
  3. Change Orders Adjusting Contract Price. All Change Orders adjusting Contract Price will be invalid unless approved in accordance with the authority provided by the Purchasing Code.
     1. Basis for Contract Price Adjustment. Subject to any federal procurement standards that may apply if the Project is a federally funded project, in which case the standards will govern to the extent of conflict, a Change Order may provide for an adjustment in the Contract Price based only on one of the following methods:
        1. Unit Prices as stated in the Bid Schedule.
        2. A fixed not-to-exceed or lump sum agreed to by the owner and Contractor and stated in the Change Order, properly itemized and supported by sufficient substantiating data to permit evaluation which will be limited to estimated costs of labor, materials, supplies and equipment, rental cost of machinery and equipment, additional bond cost, plus a fixed fee for profit and overhead (which includes office overhead and site-specific overhead and general conditions) of 10% if the Work is performed by Contractor, or 5% if the Work is performed by a subcontractor or sub-subcontractor. The subcontractors’ or sub-subcontractors’ overhead and profit in turn will not exceed 10%. The total percentage of overhead and profit payable by the owner (to both Contractor and all sub tier subcontractors), regardless of the sub-tier which performs the work, will not exceed 15%.
        3. Actual costs, properly itemized, plus a profit factor, using the Force Account method set forth in the section titled Force Account Method for Contract Price Increases.
        4. In the absence of an agreement between the owner and Contractor, the owner will determine the amount of the Contract Price Adjustment using any of the methods outlined in this section, letters a, b, and c, above, whichever will result in the lowest cost to the owner.
        5. No cost will be included in a Change Order for time spent preparing the Change Order, nor will costs be included for an estimate of time to negotiate the Change Order costs for machinery, tools, or equipment.
     2. Force Account Method for Contract Price Increases. Before using the Force Account method provided for herein, the owner and Contractor agree to negotiate a Change Order using the other methods identified in the section titled Basis for Contract Price Adjustment, as appropriate, to determine the adjustment in the Contract Price. If neither of these methods can be agreed upon before a change in the Work is commenced which will result in an adjustment in the Contract Price, then the change in the Work will be performed by a Change Order using the Force Account method, and payment will be made as follows:
        1. For all personnel, Contractor will receive actual field cost wage rates for each hour that said personnel are actually engaged in such Work, as substantiated by its certified payroll, to which will be added an amount equal to 15% of the sum thereof as compensation for Contractor's and any effected subcontractor's total overhead and profit. No separate charge will be made by Contractor or its subcontractor(s) for organization or overhead expenses. Contractor will also receive an amount equal to 55% of the wages paid personnel, excluding the 15% compensation provided above, for Contractor’s and any effected subcontractor’s cost of premiums on liability insurance, workers' compensation insurance, social security and unemployment insurance. The actual cost of Contractor's bond(s) on the extra Work will be paid based on invoices from surety. No charge for superintendence will be made unless considered necessary and ordered by the owner.
        2. Contractor will receive the actual cost, including freight charges, of the materials used and installed on such Work, to which costs will be added a sum equal to 20% thereof as compensation for Contractor's and any effected subcontractor's total overhead and profit. In case material invoices indicate a discount may be taken, the actual cost will be the invoice price minus the discount.
        3. For machinery, trucks, power tools, or other similar equipment (the “equipment”) agreed to be necessary by the owner and Contractor, the owner will allow Contractor the applicable daily, weekly or monthly rate as given in the latest edition of the "Rental Rate Blue Book" as published by EquipmentWatch (1-800-669-3282) for each hour that said equipment is in use on such work, which rate includes the cost of fuel, lubricants and repairs. The established equipment rates will be paid for each hour that the equipment is utilized in the Work. If the equipment is used intermittently during the Work, full payment for an eight-hour day will be made if the equipment is not idle more than four hours of the day. If the equipment is idle more than four hours in a day, then payment will be made only for the actual hours worked. No additional compensation will be allowed on the equipment for Contractor's or any affected subcontractor’s overhead and profit. The owner may accept an actual rental invoice in lieu of the method of calculation set forth in this Paragraph for equipment rented exclusively for Force Account Work or for equipment not included in the Rental Rate Blue Book.
        4. The compensation provided for herein, will be received by as payment in full for work done pursuant to the Change Order and will include use of small tools, and total overhead expense and profit. Contractor and the owner will compare records of work done by Change Order at the end of each day. Copies of these records will be made upon forms provided for this purpose by the owner and signed by both the owner and Contractor, with one copy being retained by the owner and one by Contractor. Refusal by Contractor to sign these records within two working days of presentation does not invalidate the accuracy of the record.
     3. Additional Performance Security in Conjunction with Change Order.The City may require Contractor to increase or supplement previously-provided Performance Security to cover any additional costs of performing services required under a Change Order that increases Contract Price, commensurate with such additional cost. In such instance, any compensation due Contractor for Contractor’s cost of providing such increase or supplement will be reflected in the Change Order or otherwise borne by Contractor.
  4. Payment for Work Covered by Change Order. Additional monies due Contractor pursuant to a valid Change Order providing for an adjustment to the Contract Price, will be paid for in accordance with the Progress Payment schedule established by the Contract, in which case payment will be subject to retainage requirements set forth in the Contract; or at the time of Final Payment.
  5. Absence of Proposed Adjustments. If a Change Instrument is silent as to any adjustment to the Contract Price or the Contract Time, it will be conclusively presumed that none is intended and none will be allowed unless Contractor files an objection as and when specified in the following Subsection.
  6. Action upon Receipt of Change Instrument. Upon receipt of a Change Instrument, Contractor will promptly proceed with the change in the Work involved.
     1. Contractor will advise the owner in writing, promptly and in any event no later than ten days after issuance of the Unilateral Change Instrument, of Contractor’s objection (i) to the amount or method, if any, provided for in the Change Instrument for adjustment to Contract Price or Contract Time, or (ii) to the absence of any adjustment to the Contract Price or Contract Time. In order to be valid, a claim for an adjustment of Contract Price or Contract Time, must contain the specific adjustment requested, must be supported by a detailed explanation of the basis for the claim. In addition, to be valid a claim for increase in Contract Time must be supported by the documentation specified in the section titled Contents/Supporting Documents, and a claim for an increase in the Contract Price must be documented and calculated as specified in the section titled Basis for Contract Price Adjustment. Failure of Contractor to object as and when specified in this Subsection is deemed an acceptance of the Unilateral Change Order as issued and a waiver of any claim by Contractor to any adjustment to the Contract Price or the Contract Time.
  7. Waiver of Claim. Except for emergencies involving possible loss of life or bodily injury or significant property damage, Contractor’s commencement of the Work that is subject to a Change Instrument will constitute a complete waiver by Contractor as to such claim regardless of whether Contractor has within the ten-day period notified the owner of a claim consistent with the requirements of the section titled Receipt of Change Instrument, number 1.
  8. owner’s Right to Use Third Parties for Additional Work. If the owner and Contractor are unable to negotiate the terms of a Change Order for the performance of additional Work, the owner may, at its election, perform such additional Work with its own forces or with another Contractor and such work will be considered "Other Work."
  9. owner’s Right to Accelerate Schedule. The owner reserves the right to issue a Change Instrument to accelerate the Work which may be subject to an appropriate adjustment, if any, in the Contract Price. If the owner requires an acceleration of the Project Schedule and no adjustment is made in the Contract Price, or if Contractor disagrees with any adjustment made, any claim an adjustment must comply with the requirements of the section titled Receipt of Change Instrument, number 1 or be deemed to be conclusively waived.
• TESTS AND INSPECTIONS; CORRECTIONS,REMOVAL AND ACCEPTANCE OF DEFECTIVE WORK —
  1. Access to Work. The owner, including the Contract Administrator and other employees and agents, including E/A and E/A's consultants, independent testing laboratories, and governmental agencies having jurisdiction, will each have access to the Work at reasonable times for observing, inspecting and testing. Contractor will provide them proper and safe conditions for such access, and advise them of Contractor's site safety procedures and programs so that they may comply therewith as applicable.
  2. Tests and Inspections.
     1. Contractor will give timely notice of readiness of the Work for all required inspections, tests or approvals, and will cooperate with inspection and testing personnel to facilitate required inspections or tests. All testing will be performed by the Contractor. Only verification testing will be performed by the City. Contractor is not required to enter test results into MAC.
     2. The owner will employ and pay for services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except:
        1. For inspections, tests or approvals covered by Paragraph 14.2.3 below;
        2. That costs incurred with tests or inspections conducted pursuant to Paragraph 14.3.3 below will be paid as provided in Paragraph 14.3.3;
        3. For re-inspecting or re-testing Defective Work; and
        4. As otherwise specifically provided in the Contract Documents. All testing laboratories will meet the requirements of ASTM E-329.
     3. If Legal Requirements specifically require any Work (or part thereof) to be inspected, tested, or approved by an employee or other representative of a governmental or related authority, Contractor will assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish the owner the required certificates of inspection or approval.
     4. Contractor will also be responsible for arranging and obtaining and will pay all costs in connection with any inspections, tests or approvals required for the owner's and E/A's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to Contractor's purchase thereof for incorporation in the Work.
  3. Uncovering Work.
     1. If any Work (or the work of others) that is to be inspected, tested or approved is covered by Contractor without written concurrence of the Contract Administrator, or if any Work is covered contrary to the written request of the Contract Administrator, it will, if requested by the Contract Administrator, be uncovered and recovered at Contractor's expense.
     2. Uncovering Work as provided in Paragraph 14.3.1 above, will be at Contractor's expense unless Contractor has given the owner timely notice of Contractor's intention to cover the same and the owner has not acted within five working days to such notice.
     3. If the owner considers it necessary or advisable that covered Work be observed, inspected or tested, Contractor will uncover, expose or otherwise make available for observation, inspection or testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If the owner determines that such Work is defective, Contractor will pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the owner will be entitled to an appropriate decrease in the Contract Price, and may make a Claim therefore as provided in these General Conditions. However, if such Work is not found to be defective, Contractor will be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and Contractor may make a Claim therefore as provided in these General Conditions.
  4. The owner May Stop the Work.
     1. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to this Contract, the owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the owner to stop the Work will not give rise to any duty on the part of the owner to exercise this right for the benefit of Contractor or any surety or other party.
     2. If Contractor fails to correct Defective Work or submit a satisfactory plan to take corrective action, with procedure and time schedule, the owner may order Contractor to stop the Work, or any portion thereof, until cause for such order has been eliminated, or take any other action permitted by this Contract. A notice to stop the Work, based on defects, will not stop calendar or Working Days charged to the Project.
  5. Correction or Removal of Defective Work. If required by the owner, Contractor will promptly, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the owner, remove it from Project Site and replace it with Work that is not defective. Contractor will correct or remove and replace Defective Work or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of Defective Work. Contractor will pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others).
  6. Correction Required. If within the Warranty Period, or such longer period of time as may be prescribed by Legal Requirements or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work, including Work performed after the Substantial Completion date, is found to be defective, Contractor will promptly, without cost to the owner and in accordance with the owner's written instructions:
     1. Correct such Defective Work, or, if it has been rejected by the owner, remove it from Project Site and replace it with Work that is not defective, and
     2. Satisfactorily correct or remove and replace any damage to other Work or the work of others resulting from the Defective Work.
     3. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the owner may have the Defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. The warranty period will be deemed to be renewed and recommenced in connection with the completed items of Work requiring correction.
  7. Coordination with owner. If correction of Defective Work will affect the function or use of the facility, Contractor will not proceed with correction of Defective Work without prior coordination and approval of the owner.
  8. Acceptance of Defective Work. If, instead of requiring correction or removal and replacement of Defective Work, the owner decides to accept it, the owner may do so. Contractor will pay all claims, costs, losses and damages attributable to the owner's evaluation of and determination to accept such Defective Work. For purposes of this Section, the owner’s acceptance of sample materials or equipment will not be deemed to be acceptance of Defective Work. If any such acceptance occurs prior to recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents and compensating the owner for the diminished value of the Defective Work. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to the owner after a calculation by the owner of the diminution in value of the Defective Work.
  9. The owner May Correct Defective Work. If Contractor fails within a reasonable time after written notice of the owner to correct Defective Work, or to remove and replace rejected Work, or if Contractor fails to perform the Work in accordance with this Contract, or if Contractor fails to comply with any other provision of this Contract, the owner may, after seven days' written notice to Contractor, correct and remedy any such deficiency. If, in the opinion of the Contract Administrator, significant progress has not been made during this seven-day period to correct the deficiency, the owner may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph, the owner will proceed expeditiously. In connection with such corrective and remedial action, the owner may exclude Contractor from all or part of Project Site, take possession of all or part of the Work, and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at Project Site or for which the owner has paid Contractor but which are stored elsewhere. Contractor will allow the owner, its agents and employees, the owner's other contractors, E/A and E/A's consultants access to Project Site to enable the owner to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the owner in exercising such rights and remedies will be charged against Contractor and a Change Order will be issued incorporating the necessary revisions to this Contract with respect to the Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's Defective Work. Contractor will not be allowed an extension of the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the owner of the owner's rights and remedies hereunder.
  10. Testing and Inspections Outside of Working Hours. This Contract contemplates that all testing and inspections will be done during Working Hours as defined herein. Whenever the owner is required to test or inspect outside of Working Hours, on weekends, or during Holidays observed by the owner, the owner will be entitled to a reduction in the Contract Price to the extent of any overtime costs incurred by the owner, unless such testing or inspection is required to be performed at that time due to:
      1. Emergency conditions that are not the fault of Contractor, and subcontractors, sub-subcontractors, Contractors, or other persons for whom Contractor is responsible;
      2. A Force Majeure event, the owner’s disruption, or other events which, pursuant to this Contract, would otherwise require an extension of the Contract Time.
  11. Contractor Remains Responsible for the Work. The following will not be deemed to be a release of Contractor's obligation to perform the Work in accordance with this Contract:
      1. Observations by the E/A;
      2. The issuance of a Certificate of Substantial Completion or any payment by the owner to Contractor under this Contract;
      3. Partial use or occupancy of the Work or any part thereof by the owner;
      4. Any acceptance by the owner or any failure to do so;
      5. Any review of a Shop Drawing or sample submittal;
      6. Any inspection, test or approval by others; or
      7. Any correction of Defective Work by the owner.
• E-VERIFY —

  A. Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, Contractor shall register with and use the U.S. Department of Homeland Security’s E-Verify system, https://www.e-verify.gov/, to verify the work authorization status of all Contractor employees hired on and after January 1, 2021.

  B. Subcontractors:

  (i) Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement.
  (ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes.
  (iii) Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement.

  C. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system.

  D. Failure to comply with this provision is a material breach of the Agreement, and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City to secure a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable.

• PROGRESS PAYMENTS, PARTIAL UTILIZATION AND FINAL COMPLETION —
  1. General Method of Payment. Payment of the Contract Price will be made in a series of Progress Payments and after Final Completion, a Final Payment, in accordance with this Article.
     1. If Contractor has provided Payment and Performance Bonds, no payment will be made unless and until Contractor records the bonds and provides the owner certified copies of the recorded bonds in accordance with Florida Statutes Section 255.05(b).
  2. Application for Payment. Contractor may submit to the owner, no more than once a month and no sooner than 30 days following commencement of the Work, an application for payment for those portions of the Work completed as of the date of the application. The owner may, by notice, designate a specific day of each month for submission of the application for payment. Each application for payment will be in a form acceptable to the owner, and will include the following documentation and information:
     1. The current approved Progress Schedule;
     2. If applicable, the Schedule of Values;
     3. Unless Contractor has provided payment and performance bonds and recorded them in the public records as provided in Florida Statues Section 255.05, releases of liens from subcontractors or Contractors;
     4. Contractor’s written certification (i) as to the value of the Work completed, (ii) that partial or final waivers of lien have been received covering all such Work, (iii) and that all prior Progress Payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid;
     5. If payment is requested on the basis of materials or equipment not incorporated in the Work but delivered and suitably stored at Project Site or at another location agreed to in writing, the application for payment by such bills of sale, data, and other procedures satisfactory to the owner substantiating the owner’s title to such materials or equipment or otherwise protecting the owner’s interest;
     6. The consent of the surety, if any, to the requested payment.
     7. Each application for payment will be deemed to be a warranty and guarantee by Contractor that title to all Work, materials and equipment covered by the application, whether incorporated in the Project or not, will pass to the owner free and clear of all liens no later than the time of payment to Contractor.
  3. Review of Application for Payment. As soon as practicable after receipt of an application for Payment, and within the 20-day period following receipt of the application as provided by the Prompt Payment Act, the owner will approve, partially approve, or reject the application. The owner will provide written notice if payment is rejected or partially rejected, specifying the deficiency in the application for payment and the action necessary to make the request proper. In addition to rejecting payment of all or a portion of the application for failure to comply with submittal requirements referenced above, the owner will have the right to reject all or a portion of the application for any of the following reasons:
     1. Defective Work not remedied;
     2. Third party Claims filed or reasonable evidence indicating probable filing of such Claims;
     3. Unless Contractor has provided payment and performance bonds and complied procedurally with Florida Statutes Section 255.05, failure of Contractor to make payments properly to subcontractor or for labor, materials or equipment;
     4. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price;
     5. Damage to the owner or another Contractor;
     6. Reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
     7. Failure of Contractor to submit a Schedule of Values in accordance with the Contract Documents, if one is required;
     8. Failure of Contractor to submit and update a Progress Schedule in accordance with the Contract Documents;
     9. Failure of Contractor to maintain a record of changes on drawings and documents;
     10. Failure of Contractor to maintain weekly payroll reports and, as applicable, provide copies of reports in a timely manner upon request of the owner;
     11. Contractor's neglect or unsatisfactory prosecution of the Work, including failure to clean up; or
     12. Contractor’s failure to comply with the submittal requirements of the section titled Application for Payment, above, or with any other provision of this Contract.
     13. If any portion of the application is rejected the owner will provide Contractor a written notice as to the reasons for rejection, within the time frame provided in the Prompt Payment Act. Contractor will then make the necessary corrections and re-submit the application or portion of application rejected.
  4. Progress Payments. The owner will make payment on an approved or partially approved application, less amounts set aside for retainage within the deadlines provided by the Prompt Payment Act. If Contractor and the owner disagree on the basis or amount of the payment, or if Contractor is unwilling to make the necessary corrections or modifications and re-submit the Request as to those items rejected by the owner, then the owner may approve and process the Request by making such adjustments thereto as the owner deems appropriate so that Contractor receives without delay, payment of the amount determined by the owner to have been earned and owing to Contractor.
  5. Amounts Withheld from Progress Payments. The owner will withhold an amount from each such approved progress payment, as follows:
     1. If the Contract Price is $200,000 or more, the amount of retainage will be determined by the Prompt Payment Act, which as of the Effective Date provides for a 5% retainage until 50-Percent Completion, and a 5% retainage thereafter.
     2. In all other instances, the amount of retainage will be ten percent for each progress payment.
     3. Subject to any limitations that may be imposed by the Prompt Payment Act if applicable, the owner will hold all retainage until Final Payment. However, if the Work is near Substantial or Final Completion and delay occurs due to no fault or neglect of Contractor, the owner may pay a portion of the retained amount to Contractor. Contractor, at the owner's option, may be relieved of the obligation to complete the Work and thereupon, Contractor will receive payment of the balance due for the work completed and accepted, subject to the conditions applicable to owner’s termination of work without cause.
  6. Delayed Payments. Should the owner fail to make payment to Contractor of the amount approved for any application for payment within the time frames provided in the Prompt Payment Act, the owner will pay to Contractor, in addition to amount approved, interest thereon at the rate specified in the Act, from date due until fully paid, which will fully liquidate any injury to Contractor growing out of such delay in payment.
  7. Substantial Completion.
     1. When Contractor considers that the Work, or a portion thereof which the owner agrees to accept separately, is substantially complete, Contractor will notify the owner and request a determination as to whether the Work or designated portion thereof is substantially complete. If the owner does not consider the Work substantially complete, the owner will notify Contractor giving reasons therefore. After performing any required Work, Contractor will then submit another request for the owner to determine Substantial Completion. If the owner considers the Work substantially complete, the owner will prepare and deliver a certificate of Substantial Completion which will establish the date of Substantial Completion, will include a punch list of items to be completed or corrected before Final Payment, will establish the time within which Contractor will finish the punch list, and will establish responsibilities of the owner and Contractor for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of Contractor to complete all Work in accordance with this Contract. The Work will not be deemed to be substantially or finally complete until any certificates of occupancy required to occupy the Project are issued. The owner and Contractor will both sign the certificate of Substantial Completion, to evince acceptance of the responsibilities assigned to them in such certificate.
  8. Partial Utilization. The owner will have the option to use any portion of the Work prior to Substantial Completion of the Project where:
     1. The Contract Documents specifically provide for such portion to be partially utilized prior to Substantial Completion; or
     2. Upon the owner’s request, if Contractor agrees and, upon joint inspection, the parties agree that the portion of the Work in question is Substantially Complete. In such instance, the owner will issue a certificate of Substantial Completion, attaching thereto a punch list of items to be completed or corrected before Final Payment and fixing the responsibility between the owner and Contractor for maintenance, heat and utilities as to that part of the Work.
     3. The owner will have the right to exclude Contractor from any part of the Work which is so certified to be Substantially Complete but the owner will allow Contractor reasonable access to complete or correct items on the punch list.
  9. Final Inspection and Final Completion. Contractor will provide the owner the Notice of Completion sufficiently in advance of the Completion Date to allow for scheduling of the final inspection and for completion or correction of all Punch List Work before the Completion Date. Upon receipt of Contractor's Notice of Completion, the owner will make a review of the Work and notify Contractor in writing of all Punch List Work, if any, to be completed or corrected. Following Contractor's completion or correction of all Punch List Work, the owner again review the Work and prepare and deliver to Contractor either a written notice of additional Punch List Work to be completed or corrected or a written Certificate of Final Completion, signifying final acceptance of the Work.
     1. If the sole remaining unfinished item to complete the Work is the reestablishment of vegetation, at the owner’s option the owner may issue a Certificate of Final Completion on the condition that Contractor executes a re-vegetation letter, with letter of credit or other guarantee in form and amount satisfactory to the owner, to ensure completion of this item. This Work will be accomplished within 110 days of the date of Final Completion of the Work. When permanent erosion control has been established, the owner will initiate an inspection for final acceptance of the erosion controls. If the re-vegetation is not completed within the 110 days, the owner, at its option, may complete the Work using the posted guarantee.
     2. In all other instances, the owner will only be obligated to issue a Certificate of Final Completion accepting the Work as finally complete, when the whole and all parts thereof will have been completed to the satisfaction of the owner in full compliance with this Contract.
  10. Final Application for Payment. As soon as practical after the owner’s issuance of the Certificate of Final Completion, Contractor will submit to the owner a properly completed application for Final Payment in the form approved or provided by the owner. The application will include or attach the following:
      1. Three complete manuals containing all maintenance and operating instructions, warranties, and other associated documents for equipment or other materials that have been installed or otherwise included in the Work;
      2. Record documents (as provided in Paragraph 6.11.2 of these General Conditions);
      3. Unless Contractor has provided payment and performance bonds and procedurally complied with Florida Statutes, Section 255.05:
         1. Legally effective final releases or waivers of liens from Contractor, and from all subcontractors and sub-subcontractors which performed services for Contractor and all Contractors of material or equipment to Contractor;
         2. An affidavit that all of Contractor's debts, and claims, including from all subcontractors, subcontractors, and Contractors in connection with the Work, have been paid or otherwise satisfied;
      4. Complete and legally effective releases or waivers satisfactory to the owner of all claims other than claims of subcontractors, Sub-subcontractors, and Contractors, filed in association with the Work;
      5. The consent of the surety, if any, to final payment;
      6. Non-Use of Asbestos Affidavit (After Construction);
      7. Certificate evidencing that required insurance will remain in force after final payment and through the warranty period; and
      8. Any other documentation required pursuant to this Contract.
  11. If Final Application is Rejected. If the owner rejects the request for Final Payment, the owner will provide Contractor written notice stating the reasons therefore within the time required by the Prompt Payment Act.
  12. Final Payment; Waiver of Claims. Final Payment will be deemed to have taken place when Contractor or any of its representatives negotiates the owner’s final payment check, whether labeled final or not, for cash or deposits check in any financial institution for its monetary return. The making and acceptance of Final Payment will constitute:
      1. A waiver of claims by the owner against Contractor, except claims arising from unsettled claims, from Defective Work appearing after final inspection, from failure to comply with this Contract or the terms of any warranty specified therein, or from Contractor's continuing obligations under this Contract; and
      2. A waiver of all claims by Contractor against the owner other than those which were made in writing through the date that the check for final payment was issued and which are unsettled.
  13. Partial Final Payment in Extenuating Circumstances.If the owner determines that after Contractor has achieved Substantial Completion, Final Completion is materially delayed through no fault of Contractor, the owner may without terminating this Contract, make payment of balance due for that portion of the Work fully completed and accepted. Such payment will be made under the terms and conditions governing Final Payment, except that it will not constitute a waiver of claims by the owner, and will not cause a transfer of title or relieve Contractor for responsibility for the Substantially Completed Work.
• BONDING —

  A 10% Bid Bond is required for all Construction projects. An A1A bond form is acceptable. The successful Contractor will be required to furnish separate 100% Performance and Payment Bonds unless the Contract price is less than $100,000. City approved bond forms will be sent to the successful Contractor when a Notice of Award is issued.

  All Bonding shall be in accordance with Sec 337.18(1) F.S.

• LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK —

  Amount of Liquidated Damages: Applicable liquidated damages are the amounts established in the attached LAP Division I Specifications, Spec 8-10.2.

• SUSPENSION OF WORK AND TERMINATION —
  1. The Owner May Suspend Work Without Cause. At any time and without cause, the owner may suspend the Work or any portion thereof for a period of not more than 90 days by written notice to Contractor which will fix the date on which the Work will be resumed. Contractor will resume the Work on the date so fixed. Contractor will be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any such suspension if Contractor makes an approved Claim for such an adjustment as provided herein.
  2. The Owner May Terminate Without Cause. Upon seven days' notice to Contractor, the owner may, without cause and without prejudice to any right or remedy of the owner, elect to terminate the Contract. In such case, Contractor will be paid for completed and acceptable Work executed in accordance with this Contract prior to the date of termination, and if the Contract Price is NOT based on unit prices, the following:
     1. Reasonable demobilization costs;
     2. Reasonable anticipated profits on completed and accepted Work not previously paid and not included in separate pay items calculated to date of termination but not for anticipated profit on the entire Contract not previously paid, unabsorbed overhead, or lost opportunity; and
     3. All claims incurred in settlement of terminated contracts with subcontractor and others, including for anticipated profits on completed and accepted Work not previously paid and not included in separate pay items calculated to date of termination but not for anticipated profit on the entire Contract not previously paid, unabsorbed overhead, or lost opportunity. Contractor agrees to negotiate in good faith with subcontractors and others to mitigate the owner's cost.
  3. The Owner May Terminate With Cause.
     1. Upon the occurrence of any one or more of the following events:
        • If Contractor persistently fails to perform the Work in accordance with the Contract Documents
        • If Contractor disregards or fails to comply with Legal Requirements;
        • If Contractor disregards the authority of the Contract Administrator or the City Manager;
        • If Contractor makes fraudulent statements;
        • If Contractor fails to maintain a work force adequate to accomplish the Work within the Contract Time;
        • If Contractor fails to make adequate progress and endangers successful completion of the Contract; or
        • If Contractor otherwise materially breaches the Contract;
        • The owner may, after giving Contractor (and the surety, if any) seven days’ notice terminate the Contract. The owner, at its option, may proceed with negotiation with surety for completion of the Work. Alternatively, the owner may under these circumstances exclude Contractor from the Project Site and take possession of the Work (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at Project Site or for which the owner has paid Contractor but which are stored elsewhere, and finish the Work as the owner may deem expedient. In such case Contractor will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by the owner arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damage exceed such unpaid balance, Contractor or surety will pay the difference to the owner. If a termination for cause is found to be wrongful, the termination will be converted to a termination without cause, and Contractor’s remedy for wrongful termination is limited to the recovery of the payments permitted for termination without cause.
     2. Where Contractor's services have been so terminated by the owner, the termination will not affect any rights or remedies of the owner against Contractor and surety then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by the owner will not release Contractor from liability.
  4. Contractor May Stop Work or Terminate. If through no act or fault of Contractor, the Work is suspended for a period of more than 90 days by the owner or under an order of court or other public authority, or (except during disputes) the Contract Administrator fails to forward for processing any mutually acceptable Application for Payment within 30 days after it is submitted, or (except during disputes) the owner fails for 60 days after it is submitted to pay Contractor any sum finally determined by the owner to be due, then Contractor may, upon seven days' written notice to the owner, and provided the owner does not remedy such suspension or failure within that time, terminate the Agreement and recover from the owner payment on the same terms as if owner terminated without cause pursuant to this Contract. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if (except during disputes) the Contract Administrator has failed to forward for processing any mutually acceptable Application for Payment within 30 days after it is submitted, or (except during disputes) the owner has failed for 60 days after it is submitted to pay Contractor any sum finally determined by the owner to be due, Contractor may upon seven days' written notice to the owner stop the Work until payment of all such amounts due Contractor, including interest thereon. The provisions of this Section are not intended to preclude Contractor from making a Claim for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping Work as permitted by this Section.
  5. Discretionary Notice to Cure. In its complete discretion, the owner may, but is not required to, provide a Notice to Cure to Contractor and its surety to cure any of the conditions constituting a breach of Contract or an anticipatory breach of contract and, if required by the owner, to attend a meeting with the owner, regarding the Notice to Cure, the event of default or the anticipatory breach of contract. The Notice to Cure will set forth the time limit in which the cure is to be completed or commenced and diligently prosecuted. Upon receipt of any Notice to Cure, Contractor will prepare a report describing its program and measures to affect the cure of the event of default or anticipatory breach of contract within the time required by the Notice to Cure. The Contractor’s report will be delivered to the owner at least three days prior to any requested meeting with the owner and surety.
  6. Bankruptcy. If Contractor declares bankruptcy or is adjudged bankrupt or makes an assignment for the benefit of creditors or if a receiver is appointed for the benefit of creditors or if a receiver is appointed by reason of Contractor’s insolvency, Contractor may be unable to perform this Contract in accordance with the Contract requirements. In such an event, the owner may demand Contractor or its successor in interest provide the owner with adequate assurance of Contractor’s future performance in accordance with the terms and conditions of the Contract. If Contractor fails to provide adequate assurance of future performance to the owner’s reasonable satisfaction within ten days of such a request, the owner may terminate the Contract for cause or without cause, as set forth above. If Contractor fails to provide timely adequate assurance of its performance and actual performance, the owner may prosecute the Work with its own forces or with other contractors on a time and material or other appropriate basis and the cost of which will be charged against the balance of the Contract Price otherwise due to Contractor.
  7. Duty to Mitigate. If the owner terminates this Contract or suspends Contractor’s work, Contractor agrees to and will take all reasonable actions to mitigate its damages and any and all claims which may be asserted against the owner.
  8. Responsibility during Demobilization. While demobilizing, Contractor will take all necessary and reasonable actions to preserve and protect the Work, the Project Site and other property of the owner or others at the Project Site.
  9. Contractor to Remove Equipment. In the case of termination of this Contract before completion for any cause whatsoever, Contractor, if notified to do so by the owner, will promptly remove any part or all of his equipment or supplies from the property of the owner; failing to, the owner will have the right to remove such equipment and supplies at the expense of Contractor.
  10. Contractor to Clean Up Project Site. If either owner or Contractor terminates the Contract before Substantial or Final Completion, Contractor will leave the Project Site in a clean condition as if Final Completion had been achieved, unless owner directs otherwise; and if Contractor fails to comply clean up the Project Site as required, the owner may do so and the cost thereof will be charged against Contractor.
• CONTRACTOR FDOT PREQUALIFICATION —
  1. To be eligible to bid on this project, Contractor must be certified by the Florida Department of Transportation (FDOT) as a Pre-Qualified firm for the type of work in this project.
     1. https://www.fdot.gov/contracts/PreQual-Info/prequalified.shtm
  2. Owner will rely only on FDOT's determination of the status of a Contractor's eligibility for Pre-Qualification or any equivalent alternate certification by FDOT.
  3. All Pre-Qualified Contractors bidding on any Contract must certify their total dollar amount of Work Underway and submit a completed copy of FDOT Form 375- 020-39 with their bid. This information must be equal to that submitted to FDOT during the month the bid is due. Submittal to FDOT is via the "Work Underway" link in the Contractor Pre-Qualification System website.
  4. Bidder, Prime Contractor only, shall be FDOT Prequalified in the following work class: Sidewalk. 
• RESTRICTIONS, PROHIBITIONS —
  1. 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
  2. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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.
  3. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient.
• FDOT REQUIRED FORMS —

  Contractors will complete the following FDOT forms and submit with their Bid:

  FDOT Form 275-030-11

  FDOT Form 375-030-32

  FDOT Form 375-030-33

  FDOT Form 375-030-34

  FDOT Form 525-010-46

  FDOT Form 575-060-13

• CITY’S PROJECT-SPECIFIC CONSTRUCTION CONTRACT FORM —

  The City’s contract form for project specific construction projects, contains additional terms and conditions, including indemnification and insurance requirements, completion deadlines, and liquidated damages, that the Bidder should review prior to submitting the Bid. The City reserves the right to make minor changes to the form Contract prior to execution by the successful Bidder to correct errors, make other minor formatting changes, or for legal sufficiency. The City will provide the successful Bidder the final contract for execution.

• ADDITIONAL PROVISIONS —
  1. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch or any state agency. 
  2. The City's local preference policy has been retracted for this project.
• LICENSES —

  At time of Bid submittal, the Bidder must hold the required licensure to be the prime contractor for all work to be performed under this Solicitation. Any subcontractors or sub-consultants whom the Bidder proposes to use to perform work under this Solicitation must also hold the required licensure at the time of Bid submittal. Required licensure must be maintained in full force and effect during the contract term.

  PROOF OF REQUIRED LICENSURE MUST BE SUBMITTED WITH BID SUBMISSION IN ORDER TO BE CONSIDERED RESPONSIVE.

• E-VERIFY —

  E-Verify. - The Bidder (and its subcontractors) has an obligation to utilize the U.S. Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees. By executing this Contract, the Bidder certifies that it is registered with, and uses, the E-Verify system for all newly hired employees. The Bidder must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract.

  This section serves as notice to the Bidder regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the City’s obligation to terminate the Contract if it has a good faith belief that the Bidder has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Bidder will not be eligible for award of a public contract for at least one year after the date of such termination. The City reserves the right to order the immediate termination of any contract between the Bidder and a subcontractor performing work on its behalf should the City develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S.

• COMPLETING THE BID —

  In order for the Bid to be considered complete:

  1. The Pricing Proposal and all other Required Forms must be completed. All blank spaces must be completed.
  2. All other information/documentation that is required to be submitted must be provided in the manner indicated.
  3. Any extraneous documents or information submitted by the Bidder will be discarded. The Bidder will be asked to sign a written contract only if the City awards the contract to that Bidder.
  4. Where the Pricing Proposal only calls for unit prices the Bidder must bid all unit prices as set forth in the Pricing Proposal unless Special Instructions are included in this Solicitation specifically allowing for partial or lot-by-lot Bids. If this Solicitation allows for partial or lot-by-lot Bids, the Bidder must comply with the Special Instructions in completing the unit prices set forth in the Bid Schedule.
  5. The Bid Price will be stated in numerals.
  6. The Bidder must not submit alternative Bids unless this Solicitation specifically authorizes alternate Bids. If this Solicitation specifically allows the submission of alternate Bids, the Bidder must submit the standard and the alternative Bid in order to be considered responsive.
  7. The Bid may not contain qualifications or exceptions of any kinds.
  8. All other submittal requirements stated herein must be met.
• SIGNING THE BID —

  The Pricing Proposal all other Forms and documents requiring Bidder’s signature must contain the signature of an individual authorized to bind the Bidder. The signature must be located in the space(s) marked for the Bidder’s signature. In addition, the person signing the Bid must also sign all of the other Forms to be submitted. Original and electronic signatures will be accepted.

• REQUEST FOR INTERPRETATIONS —

  If the Bidder is in doubt as to the meaning of any of the Bid Documents included in this Solicitation, the Bidder may submit a written request via the Platform. Such requests must be received by the Request for Interpretations Deadline detailed in the Timeline section of the INTRODUCTION in order to be considered. The City is not obligated to respond to such requests. Any clarification or interpretation issued by the City in the form of a public announcement, addendum, or answer to a question via the Platform and will be deemed to be a part of the Bid Documents. No oral clarification or interpretation will be binding.

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

• ADDENDA TO BID DOCUMENTS —

  Prior to Bid opening, the City may on the City’s own initiative or in response to a request for clarification, furnish public announcements, addenda, or answers to questions submitted that relate to these Instructions, the Bid Documents, and to any Drawings, Specifications, or other Contract Documents previously supplied by the City. In addition, the City may by announcement, addenda, or answer to a question, extend the date scheduled for Bid Opening.

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

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

• SUBMISSION OF ONLINE OFFERS —

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

  All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Bidders will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Bidders will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Offer that does not meet the criteria stated in this paragraph.

• BID SECURITY —

  The Bidder must submit Bid Security equal to 10% of the Bid. The Bid Security will be in the form of a Bid bond or any of the following alternate forms; cashier's check, certified check, money order, notes at par value, U.S. Currency, or U.S. Government Bond. Any Bid Security provided must be in original form. The City has the right to retain the Bid security as liquidated damages should the Successful Bidder fail to comply with the terms of the Bid. The City will return the Bid security to unsuccessful Bidders after the contract award.

  Any Bid bond provided must be in a form approved (A1A) and must be accompanied by sufficient evidence of the issuing agent’s authority. The surety company executing the bond must be authorized to do business in the State of Florida. If the Bid bond is in an amount greater than $5,000.00 the surety company executing the bond is listed by the United States Treasury Department as being approved for writing bonds for federal projects on its current list in an amount not less than the required bond amount.

  Bidders must submit a copy of the Bid Security with the electronic submittal. Failure to provide the digital copy of the Bid Security with the Bid submittal will result in the Bid being found non-responsive and ineligible from consideration for award.

• AMENDMENT AND WITHDRAWL OF BID —

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

• DISQUALIFICATION OF BIDDERS —
  1. Only One Bid Permitted: The Bidder may submit only one Bid. If the Bidder submits more than one Bid for the work involved, all Bid proposals submitted from the Bidder will be rejected.
  2. Collusion: If the City determines that collusion exists among Bidders, the City will reject the Bids of all participants in the collusion.
  3. Public Entity Crimes: Failure to submit a correctly completely public entity crimes form. Pursuant to Section 287.133(12)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted Supplier list following a conviction for a public entity crime may not submit a Submittal Package (Bid Response) on a contract to provide any goods or services to a public entity, may not submit a bond on a contract with a public entity for the construction or repair of a public building or public work, may not submit an Offer (Bid Response) on leases of real property to a public entity may not be awarded or perform work as a Supplier, 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 ($25,000) for a period of 36 months from the date of being placed on the convicted Supplier list
  4. Scrutinized Companies List: If the Bidder is found to have submitted a false certification as provided by F.S. Section 238.175(5), or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the City will have the option to immediately terminate this Contract.
• BID OPENING —

  Bid Opening will be scheduled on the date and time specified in the Timeline section of the INTRODUCTION for the Bid, or by any applicable Bid Announcement, addenda, or answer that the City may issue. At Bid opening, the City will electronically open the Bid so long as it is proper and has been timely submitted. The Bid Tabulation will state the name of the Bidder and the Bid Price.

  The Bidder is solely responsibility to ensure that the Bid is submitted via the Platform prior to Bid Opening. Late Bids will not be accepted by the Platform.

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

• BID AS OFFER; FIRM PRICING; NO GUARANTEES AS TO THE QUANTITIES ORDERED —

  In submitting the Bid, the Bidder certifies that the Bidder is making a firm offer that will remain open for 60 days following Bid Opening. Extensions of time beyond the 60 day-period will only be by agreement of the City, the Bidder, and the surety for the Bidder.

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

• FEDERAL TAXES —

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

• BID PRICE INCLUSIVE OF COSTS —

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

• BIDS AND PUBLIC RECORDS —

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

  If the Bidder believes that the Bid or any portion thereof is permanently exempt from disclosure under the public records laws, the Bidder must state the grounds for this position in CAPITAL LETTERS in a certified letter addressed to the Purchasing Agent and received at least 3 days prior to the Bid Opening. The Bidder will be contacted prior to the opening of the Bid and a determination will be made as to whether or not it is exempt prior to opening. If a determination is made that it is not exempt from disclosure, the Bidder may in writing request the return of the sealed Bid.

• BID OPENING RESULTS —

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

• BIDDER CAPABILITY/REFERENCES —

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

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

• REVIEW; BASIS OF AWARD —

  Bids will be reviewed and awarded to the lowest responsive, responsible Bidder in accordance with the procedures set forth in these Instructions to Bidders and the applicable provisions of the Purchasing Code, Chapter 30 of the Daytona Beach Code of Ordinances, where applicable.

  Please note that some of the sections included within this Chapter of the Purchasing Code may not be applicable to LAP projects, including Piggybacking, City direct purchase of materials, Local Preference, no negotiations allowed, MBE/WBEs.  Any contract awarded pursuant to this Solicitation will be on the basis of the criteria for award of Bids provided in the Purchasing Code.

• IDENTICAL TIE BIDS —

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

• RIGHT TO ACCEPT OR REJECT BIDS —

  The City will reject Bids which contain modifications, qualifications, or exceptions, or which are incomplete, unbalanced, conditional, obscure, or which contain additions not requested, or irregularities of any kind, or which do not comply in every respect with these Instructions to Bidders and the Contract Documents, unless the City in its sole discretion determines that the non-compliance is minor.

  The City does not bind itself to accept the minimum Bid stated herein, but reserves the right to accept any Bid, which in the judgment of the City will best serve the needs and interests of the City.

• LICENSES —

  At time of Bid submittal, the Bidder must hold the required licensure to be the prime contractor for all work to be performed under this Solicitation. Any subcontractors or sub-consultants whom the Bidder proposes to use to perform work under this Solicitation must also hold the required licensure at the time of Bid submittal. Required licensure must be maintained in full force and effect during the contract term.

• BIDDER RESPONSIBILITY FOR PREPARATION COSTS —

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

• POST-AWARD SUBMITTAL REQUIREMENTS —

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

  1. A signed contract, using the form provided with or referenced by the notice of intent to award.
  2. Proof of insurance, in accordance with the requirements of the Contract. See the Contract form for more information regarding insurance requirements.
  3. Performance Security, as further described below, in an amount equal to 100% of the Contract Price. The award is subject to cancellation and the Bid Security subject to forfeiture if this deadline is not met.
• PUBLIC RECORDS —

  (a) To the extent applicable, CONTRACTOR will comply with the requirements of Florida Statutes Section 119.0701, which include the following:

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

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

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

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

  IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MUST CONTACT THE CITY CLERK, WHOSE CONTACT INFORMATION IS AS FOLLOWS:

  (Phone) 386 671-8023

  (Email) clerk@codb.us

  (Address) 301 S. Ridgewood Avenue

  Daytona Beach, FL 32114

  (b) Nothing herein will be deemed to waive CONTRACTOR'S obligation to comply with Section 119.0701(3)(a), Florida Statutes.

Submission Requirements

• ACKNOWLEDGEMENT (required) —

  By checking the declaration and certification box below, I hereby declare and affirm to The City of Daytona Beach, under penalty of perjury, that I have authority to make this declaration and certification on behalf of my organization or entity.  

  Furthermore, by checking the declaration and certification box below, Bidder hereby declares and affirms each of the following:

  • Bidder has completed the information required in this solicitation truthfully.
  • Bidder has had the opportunity to examine the facilities where the Services are to be performed and is fully informed regarding all conditions pertaining to the site(s), if applicable.
  • The solicitation documents have been thoroughly examined, and Bidder is sufficiently knowledgeable of the Services to be performed and/or Commodities to be provided.
  • Bidder hereby agrees to furnish all labor, materials, and equipment required to perform the Services/Commodities in strict accordance with the solicitation and for the fees/pricing as stated in this Bid Submission.
  • Bidder understands that if the attached Pricing Proposal includes extended unit prices, the use of extended unit quantities will not be construed to be a guarantee that the City will purchase such quantities if a Contract is awarded; and that, subject to the terms and conditions of the Contract, the Bidder will be entitled to payment based upon the number of units purchased or Services performed and accepted, as specified in the Contract Documents.
  • Bidder acknowledges that the Offer may be accepted by the City’s issuance of a Contract to the Bidder, and that if a Contract is issued to Bidder, Bidder will be fully bound by all Contractual terms and conditions set forth therein; provided, however, that if the Solicitation Documents call for alternative Offers, any alternative Offer not specifically accepted the City in the notice of award will not be a part of the Contract.
• TYPE OF ENTITY (required) —

  The Proposer submitting this proposal is: (Select One)

• DESIGNATED REPRESENTATIVE (required) —

  Please provide the name, address, cell phone and email address of person who will serve as the designated representative of the Proposer if this solicitation is awarded to the Bidder.

• INSURANCE (required) —

  Bidder agrees to the insurance requirements stated in the solicitation and if selected will provide a Certificate of insurance within 10 days of receiving a Notice of Intent to Award. Failure to provide stated coverage will result in a non-responsive proposal.

   

• REVISIONS / ADDENDA / QUESTIONS AND ANSWERS (required) —

  All answers to questions of substance will be publicly published.

  Participants are required to review all revisions and answers to questions published.

  All revisions within the Solicitation, and answers to questions posed 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 and Answer' feature are incorporated into the Solicitation or any Contract resulting from this Solicitation.

  By checking the box below, Bidder confirms that they have reviewed revisions and all answers to questions published and any Addenda up until the bid closing date and have given consideration to all information in preparing your response to this solicitation.

  Confirming this section will serve as Bidder's electronic signature of acknowledgement.

• W-9 (required) —

  Upload current W9 Form HERE.

• CONFLICT OF INTEREST (required) —

  The award of this solicitation is subject to Chapter 112, Florida Statutes. All Bidders must disclose with their response the name of any officer, director, or agent who is also an employee of the City of Daytona Beach.

  Further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of the Bidder's organization or any of its subsidiaries associated with this project.

  By selecting "NO", Bidder certifies that this bid submission is made without prior understanding, agreement or connection with any corporation, firm or person submitting a proposal for the same services and is in all respects fair and without collusion or fraud.  Bidder confirms that conflict of interest as defined in this question does NOT exist.

  Bidder shall select 'YES' if a conflict of interest as defined in this question may exist and shall be further described in the explanation below.  Potential conflicts of interest will be subject to futter internal review.  

• CONFLICT OF INTEREST CONTINUED (required) —

  If "NO" was selected for Question No. 7, please write Non-Applicable, or N/A in the space below. 

  If "YES" was Selected for Question No. 7, please provide explanation in the space below.  

• NON-COLLUSION AFFADAVIT OF THE PRIME PROPOSER (required) —

  The Bidder that has submitted this Proposal certifies under penalty of perjury that:

  • The Bidder is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;
  • Such Bid is genuine and is not a collusive or sham Bid;
  • Neither the said Bidder nor any of its officers, partners, owners, agent, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from Bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any Bidder, firm or person to fix the price or prices or cost element of the proposal price or the proposal price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Daytona Beach, FL (Local Public Agency) or any person interested in the proposed Contract;
  • The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful.
  • Agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

  By checking the box below, the respondent acknowledges and agrees to the above statement.

• PUBLIC ENTITY CRIME (required) —

  Public Entity Crimes - Pursuant to Section 287.133(12)(a) of the Florida Statutes, 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 Submittal Package (Response) on a contract to provide any goods or services to a public entity, may not submit a bond on a contract with a public entity for the construction or repair of a public building or public work, may not submit Submittal Package (Bid Response) 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 ($25,000) for a period of 36 months from the date of being placed on the convicted vendor list. Respondent should read carefully all provisions of 287.133 and 287.134, Florida Statutes (2005).

  By checking the box below, the Bidder represents and certifies under penalty of perjury that the submission of its response/proposal does not violate Section 287.133, Florida Statutes (2005), nor Section 287.134, Florida Statutes (2005) or their successor. In addition to the foregoing, the Bidder represents and warrants that Bidder, Bidder's subcontractors and Bidder's implementer, if any, is not under investigation for violation of such statutes.

• SCRUTINIZED COMPANIES CERTIFICATION (required) —

  Per State of Florida Statute s. 287.135(5) Bidder must acknowledge and agree to 'Certification Regarding Prohibition Against Contracting with Scrutinized Companies' paragraph listed below.

  Bidder shall agree by marking the option below.  Bidders neglecting to respond may be disqualified from consideration of award and deemed non-responsive.

  I hereby certify that neither the responding entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies That Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes or are engaged in a boycott of Israel.

  In addition, if this solicitation is for a contract for goods or services where the total contract value is one million dollars ($1,000,000) or more, I hereby certify that neither the responding entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes or are engaged in business operations in Cuba or Syria as defined in said statute.

  I understand and agree that the City may immediately terminate any contract resulting from this Solicitation upon written notice if the responding entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity:

  (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or

  (ii) for any contract for goods or services of one million dollars ($1,000,000) or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria.

  By checking the box below, Bidder acknowledges and agrees to the 'Certification Regarding Prohibition Against Contracting with Scrutinized Companies.'

• DRUG-FREE WORKPLACE CERTIFICATION (required) —

  In order to have a drug-free workplace program, Bidder will:

  1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
  2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violation.
  3. Give each employee engaged in providing the Commodities or contractual Services that are under Offer a copy of the statement specified in subsection 1).
  4. In the statement specified in subsection 1), notify the employees that, as a condition of working on the Commodities or contractual Services that are bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendre to, any violation occurring in the workplace no later than five days after such conviction.
  5. Impose sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.
  6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

  By checking the box below, Bidder acknowledges and agrees to the 'Drug Free Workplace Certification.'

• E-Verify (required) —

  The Contractor (and its subcontractors) have an obligation to utilize the U.S. Department of Homeland Security's (DHS) E-Verify system for all newly hired employees. By confirming, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract.

  The City has the obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated, the Contractor will not be eligible for award of a public contract for at least one year after the date of such termination. The City reserves the right to order the immediate termination of any contract between the Contractor and a subcontractor performing work on its behalf should the City develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S.

• Human Trafficking (required) —

  Execution of this Contract shall require the Contractor to attest, under penalty of perjury, that the Contractor does not use coercion for labor or service as defined in Section 787.06(2), F.S. The Contractor shall execute a Human Trafficking Affidavit as a condition of the Contract. 

• REQUIRED LICENSES/CERTIFICATIONS UPLOAD (required) —

  Upload required licenses/certifications here. 

• SAM.gov (required) —

  Do you have an active Sam.gov registration?

• SAM.gov (Continued) —

  If yes to question above, please upload SAM.gov documents here.

• BID SECURITY CONFIRMATION (required) —

  I understand this submission will be deemed non-responsive, and this response will be disqualified, if a Bid Security is not received in the Purchasing office PRIOR to the Bid Submission deadline.

• Short Description of Scope (required) —

  Please provide a scope for the project to be inserted into the following sentence:

  The City of Daytona Beach is hereby soliciting responses from qualified Vendors to provide ____________________.

• Pre-Bid Conference (required) —

  Please select from the options below:

• Insert NIGP Codes Selected (required)
• Term Contract (required) —

  Will this Project result in a Term Contract?

• Initial Contract Term (required) —

  Please enter the initial term of the contract per the formatting examples below.

  Format example: "six (6) months" or "two (2) years"

• Renewal Options (required) —

  Will this term contract contain options to renew the contract after the initial term?

• Number of Renewal Options (required) —

  Please enter the number of the renewal options per the formatting example below.

  Format example: "two (2)"

• Renewal Option Term (required) —

  Please enter the term of each renewal per the formatting examples below.

  Format examples - "one (1) year" "two (2) years"

• Delivery Date (required) —

  Are goods or services being delivered from this solicitation?

• Delivery Date Number of Days (required) —

  Enter the number of calendar days after receipt of Purchase Order for delivery.

  Format example: "fourteen (14)"

• Delivery Location (required) —

  Please enter the applicable delivery location.

  Format example: "City of Daytona Beach, Department Name, Delivery Contact, Address"

• Construction Project (required) —

  Will there be construction involved in this Project?

• Construction Estimate (required) —

  Is the construction project estimated to be more than $100,000?

• LAP Agreement Number (required) —

  Please specify the LAP Agreement Number (G>XXXX)

• NPDES Requirements (required) —

  Does this project include landscaping, mowing, or pond maintenance?

• FDOT Requirements (required) —

  Are FDOT Requirements applicable to this project?

• Producer Price Index (Yes/No) (required) —

  Is a Producer Price Index applicable to this Project?

• Producer Price Index Classification (required) —

  Please enter the Producer Price Index (PPI) for the goods or services being purchased per the formatting example below.

  Format example: "measuring, dispensing, and other pumping equipment mfg, Domestic water systems – PCU333914333914111"

• Funding (required) —

  Please select from the funding options below